Online Tax Strategies, April 2018: Netflix Tax in Quebec

Effective January 1, 2019: certain non residents of Quebec in the E-commerce sector will be required to register for QST

Quebec Finance Minister Carlos J. Leitão delivered his 2018-2019 Quebec budget speech on March 27, 2018. The new measures proposed include extending the obligation to register for and collect Quebec Sales Tax (“QST”) to certain foreign suppliers in the e-commerce sector.

Currently, there are no specific rules under the QST system for online sale transactions and, accordingly, the general rules apply. As a result, non-resident suppliers who only make e-commerce sales are not required to collect QST if they do not carry on a business in Quebec.

Generally, the new measures will require these non-residents to register for and collect QST on transactions with specified Quebec designated consumers, that is, recipients who usually reside in Quebec and are QST non-registrants. The concept has commonly been called the “Netflix tax”.

The new requirement will apply to non-resident suppliers, whether or not they are located in Canada. The new measures will also apply to suppliers of digital property and service distribution platforms. The proposed measures are summarized herein.

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Louis Roy
Partner and president of Catallaxy | CPA | Digital and technology consulting

The Canadian Revenue Agency treats cryptocurrencies as commodities for Canadian tax purposes.

This poses a problem for cryptocurrencies which must be valued at each trade. Unlike standard commodities, their price is volatile with markets differing around the planet.

Under the Income Tax Act, cryptocurrencies present new challenges in reporting. In addition, due to the nature of foreign currency exchanges, there are legal quagmires surrounding the purchase of crypto assets abroad. While cryptocurrencies are generally taxed as capital gains, businesses profiting from their trade may see gains taxed as business income. Demonstrating this distinction may require expertise, particularly in the case of masternode maintenance.

Cryptocurrencies and tax strategies

You are considered to be running a business if:

  • You have a history of trades;
  • Those are rapid purchases;
  • You commit an important part of your time to the analysis of the market;
  • You do the research;
  • You finance your transactions.

We will highlight available tax strategies for you, such as incorporation.

The various requirements can be challenging to identify. For instance, taxpayers are required to file Form T1135 with CRA if they own specified foreign property that in the aggregate cost more than $100,000.

In the case of crypto assets, when these are held by third-parties in a foreign state, they may subject to that form. Failure to file results in a minimum automatic penalty of $2,500 for each annual failure to file.

Our tax experts and lawyers will help work through your obligations.

28 Mar 2018  |  Written by :

Louis Roy is a partner at Raymond Chabot Grant Thornton. He is your expert in assurance for the...

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Olivier-Don Truong
Senior Manager | Transformation 4.0 | M.Sc.A. | Management consulting

Over time, strong growth periods have always been characterized by major revolutions, particularly in the manufacturing industry.

Whether it’s called manufacturing 4.0, industry 4.0, digital transformation or smart manufacturing, the most recent industrial revolution provides Quebec businesses with a multitude of opportunities… until 5.0 makes its appearance. Industry 4.0 is not an end in and of itself, it’s an evolution to increase competitiveness and maintain added value in the marketplace.

Considered to be the fourth industrial revolution, following mechanization, mass production in the 19th century and production automation in the 20th century, industry 4.0 integrates digital technologies into the manufacturing process.

Undertaking the digital shift can provide numerous benefits to businesses, from improved process agility and data usage to cost reductions. It may even become a necessity to remain competitive and maintain business relationships with clients.

Entrepreneurs who want to undertake this shift are often hindered from doing so because of myths or concerns they’ve heard that impact how they perceive such a project. Here are some of them.

Myth no. 1: integrating 4.0 is an intimidating task

What you hear:
Many of the entrepreneurs we meet tell us they’re uncertain about undertaking the digital shift because, in their minds, it’s a colossal task. Despite its advantages, the process seems arduous because of the major changes involved, the significant investments in time and money required in the short term and because the overall transformation process is misunderstood.

What you should know:
The biggest mistake you can make in a digital shift is wanting to do it all at once, as this often leads to failure. The transformation must be carefully prepared, with each step progressively planned. Conducting an in-depth analysis of the company with an industry 4.0 audit and reviewing the objectives provide a clearer understanding of the projects to be implemented in an industry 4.0 transformation.

This analysis will also help define a project hierarchy to capitalize on the results and impact of each step and ensure greater control by spreading costs over time. This action plan will maximize the return on the investments in the medium term.

What you should do:

Our experts can assist all types of businesses (transport, services, manufacturing, etc.) in their digital transformation and they are now accredited by the Ministère de l’Économie et de l’innovation (MEI) as part of the program Audit industrie 4.0. Investissement Québec acts as the agent for this program and grants are available for businesses for all industries, including cooperatives and social economy enterprises, to enable them to begin the process and to benefit from the support of accredited experts.

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Myth no.2: Industry 4.0 only applies to technology

What you hear:
While the foundation of the fourth industrial revolution may be the connectivity of data and objects, technology is not the only consideration in such a transformation.

What you should know:
The digital shift impacts a business’s entire value chain progressively and has major repercussions on many factors:

  • Service delivery and product manufacturing processes;
  • Cross-border tax;
  • Commodity taxes;
  • Client and supplier relationship
    management;
  • Innovation and technological
    development financing;
  • Performance indicators;
  • Business financing;
  • Business processes;
  • Skill sets required;
  • Etc.

What you should do:
As with any industrial transformation, the digital transformation must be part of a strategically thought-out corporate project and rigorous deployment and monitoring process. Industry 4.0 applies to management, tax and financing as well as technology.

Myth no. 3: Industry 4.0 involves artificial intelligence

What you hear:
In recent months, industry 4.0 and artificial intelligence (AI) have been talked about in various media and may even be mistaken for each other. On a scale of maturity, AI is the highest use of data within an organization that serves to automate decisions and processes, among others.

What you should know:
It’s important to understand that you don’t necessarily need to use AI to reap the benefits of industry 4.0. There are various ways to exploit data, depending on operating maturity, that will provide significant added value. These include:

  • Descriptive analysis: observing what has happened;
  • Diagnostic analysis: understanding what has happened;
  • Predictive analysis: predicting what will happen.

What you should do:
An analysis of your data will help determine the value to be derived from applying these data to optimize your activities.

Myth no. 4: The 4.0 revolution is the answer to labour shortage

What you hear:
Some business owners undertake this process in the belief that automating certain processes will provide the same results with fewer resources and help resolve the labour shortage problem.

What you should know:
Automation will certainly change processes and procedures and may lead to some job cuts. However, it will not make jobs per se disappear—rather, it will change the nature of the work. Tomorrow’s worker will have a different profile. New positions will be created and new skills developed. Businesses will have a number of challenges to meet. The organizational structure will have to be reviewed to reflect new needs and employees trained so they can grow in their roles. Considering that people often resist change, an additional challenge will be to properly manage the shift to industry 4.0 so that key employees at the heart of the transformation are engaged and stay on.

What you should do:
Despite these challenges, industry 4.0 creates jobs with considerable added value to be performed by more competent employees. You need to take the time to assess the project’s repercussions for employees and manage the change proactively.

In short, sooner or later, you’ll need to look into the repercussions of industry 4.0 on your industry and business. How you undertake the process is up to you.

The experts at Raymond Chabot Grant Thornton can provide support for various aspects: reviewing your business processes, selecting an enterprise resource planning (ERP) system or using advanced analytics for your data, so that you can undertake the industry 4.0 shift while optimizing resource engagement and the return on invested capital.

 

19 Mar 2018  |  Written by :

Olivier-Don Truong is a management consulting expert at Raymond Chabot Grant Thornton.

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Christian Filteau
Partner | M.Fisc. | Tax

Trusts are a tax option with numerous benefits to plan the transfer of assets to family successors.

A business transfer is a process that should be initiated several years in advance and generally includes the transfer, first, of knowledge, then power then equity.

Benefits of a trust

Using a trust can be an interesting alternative from a legal perspective. Because equity is separated, it provides better protection. The trust terms include instructions for replacing trustees and identifying the beneficiaries, which is not the case with a company’s shareholders.

When using a trust in a business transfer to family successors, the owner-manager can transfer future value to the children without having to immediately determine how and to whom shares will be attributed.

A trust can be useful if the shareholder is ready to transfer the future appreciation in value to his or her children who are too young to have an interest in managing the business. It can also be a good option if the children aren’t sure yet about whether they want to take over the family business.

Looking at the options

If an owner-manager plans to withdraw from the business and his or her child will be taking over its operation, there are two options:

  • The family trust allocates common shares to the child and there are no tax consequences on the transfer;
  • The business exchanges common shares held in the family trust for non-participating shares and the child subscribes for the business’s new common shares.

There are a number of prerequisites to setting up a family trust in an organizational structure, which include:

  • Analyzing the current organizational structure;
  • Evaluating the shares of the company where the trust will be integrated;
  • Setting up the trust;
  • Preparing any tax forms required;
  • Reviewing the various legal documents.

Our team of tax specialists can advise you on setting up a trust as part of the transfer of a business to family successors. Contact us today for personalized support in this initiative.

15 Mar 2018  |  Written by :

Christian Filteau is a partner at Raymond Chabot Grant Thornton. He is your expert in taxation for...

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