Prince Edward Island will be raising their Harmonized Sales Tax (HST) to 15% (from 14%) beginning October 1, 2016.
This decision was made on April 19, 2016, when the PEI Government announced its intention to increase the Provincial rate of the HST (PST) to 10% effective October 1, 2016, resulting in an HST rate of 15% when added to the 5% GST.
PEI set out transitional rules to determine which rate – the existing 14% HST, or the new 15% HST – should apply in respect of transactions that straddle October 1st and under these rules suppliers would generally be required to charge the 15% HST on any consideration that becomes due without having been paid, or is paid without having become due, on or after October 1, 2016, for taxable supplies of property or services.
Under the Excise Tax Act (ETA), the consideration, or a part thereof, for a taxable supply generally becomes due on the earliest of:
- The day the supplier first issues an invoice in respect of the supply for that consideration or part thereof;
- The date of that invoice;
- The day the supplier would have, but for an undue delay, issued an invoice in respect of the supply for that consideration or part thereof; and
- The day the recipient of the supply is required to pay that consideration or part thereof to the supplier pursuant to a written agreement.
Regarding real property transactions, supplies of services are to charge the 15% HST rate to any consideration that becomes due without having been paid, or is paid without having become due, on or after October 1, 2016.
Conversely, the 14% HST rate applies to any consideration that becomes due or is paid before October 1, 2016.
I had a nice conversation this morning with a chartered accountant (CA) with who I work regarding assessments raised by the Canada Revenue Agency (CRA) relating to the Tax Free Savings Account (TFSA). I made notes of the conversation, then called the CRA to run the scenario by them.
They agreed with this process.
These recommendations are just that, recommendations, relating to relief for those assessed with penalties for over-contributing to their TFSA.
Write a letter to the CRA asking for relief. Send the letter to the following address:
TFSA Processing Unit
PO Box 9768, Stn T,
In the letter, make sure that you include:
- Your Social Insurance Number (SIN) as it is the reference number to your TFSA account;
- The circumstances and facts which led to the over-contributions. As an aside, if you knew you were putting in too much – you might not want to include that fact;
- The actions you took to immediately remedy the situation as soon as you found it that you had contributed more than you were allowed;
- The financial institution you have your TFSA with, and any related account numbers as that institution (the CRA loves to look for patterns – possibly a specific institution is not notifying their clients of the perils of over-contributing or maybe a flag is missing on their system to notify the account manager once an account goes into penalty-territory;
- Any supporting documentation – written confirmation or statements from the financial institution – if it was their fault, and to show that you rectified the situation as soon as possible);
- Also make sure to include a copy of the letter you received from the CRA notifying you that you are being charged penalties for the TFSA account.
Unlike a Taxpayer Relief application available in the Income Tax Act (ITA) and Excise Tax Act (ETA) there is no formal relief process known to be used by everyone currently, so this soft approach has been used and with success.
The CRA may, at their discretion, lower or completely reverse the assessed penalty, or they may send you back a letter asking for payment of the penalty.
It is certainly worth an attempt.
If you have been assessed a penalty for over-contributing to your TFSA and are either too busy or would prefer the letter be written by a professional firm, please contact us and we would be more than willing to assist you in this process.