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Dark Clouds on the Horizon for the GST/HST/QST Factors Method?

November 17, 2023 by Serge Vanier, CPA Leave a Comment

In recent years, new sales tax registration programs have been created for GST/HST/QST purposes allowing non resident vendors of the digital economy to collect the GST/HST and the QST under a simplified program. These entities are now tagged since July 1, 2023 with the last 6 digits of their GST program number as “RT9999”. Under the QST regime, the letters “NR” are at the beginning of the 10-digit QST registration number and identifies registrants under the specified system. A company operating in the digital economy that is located in Canada but outside Quebec could qualify and apply to the Quebec designated registration.

Under the rules of those 2 specified programs, non resident suppliers should not collect GST/HST/QST from clients that would acquire those goods and services that would otherwise give rise to an input tax or a rebate. Indeed, registrants are not allowed to claim that kind of tax neither as an input tax nor as a rebate. Therefore, clients have to provide their tax registration number to these non resident vendors of the digital economy under this compliance process so these companies don’t collect the tax.

It is more difficult to qualify to the factors method due to the rules governing the digital economy

For those using the factors method to handle GST/HST/QST recoveries on employee expenses, they should know that they are only entitled to claim taxes on a given expense report when that report is subject to tax at a ratio of at least 90% (see our page for further details). Since there will now be a growing number of suppliers who are providing supplies that can be used in the course of commercial activities and that will no longer qualify for the 90% rule, the use of the factor methods is now more difficult that ever to comply with. As of November 13th 2023, there were 1352 entities registered under that program at the federal level and 1594 at the Québec level. Both of these numbers are up from a week ago.

This is a series of examples of entities that are registered to the specified program at the federal level: Airbnb Ireland UC, Amazon (12 entities), DropBox, Expedia, Google LLC, LinkedIn Corporation, Meta Payment Inc., Monday.com, TeamViewer Germany GmbH, etc…

This is a series of examples of entities that are registered to the specified program for QST purposes: Digital River GmbH, Expedia, GoDaddy.com LLC, Google LLC, Indeed Ireland Operations Ltd., Upwork Global Inc, TikTok, Toronto Star Newspaper Inc., Twitter, VistaPrint Canada Coproration, Zoho Corporation, etc…
(Note: you will find at the end of this posting a larger sampling).

Any of these suppliers in your employee’s expense reports ?

Organizations who are questioning the use of their GST/HST/QST factors method could notably compare if these suppliers are found in expense reports submitted by their employees.

In conclusion, although there is a trend for organizations to revisit their employee expense process using the Excel spreadsheet and paper documents to embrace the digital transformation, they should also revisit the use of the factors method. The exact method may be the one to embrace in light of the detrimental impact that the new simplified GST/HST/QST programs and the expansion of the digital economy are having on the factors method.

Simplified GST/HST Registry

There are 1352 entries as of November 13th 2023 that includes the following:

• Airbnb Ireland UC
• Alibaba.com Private Singapore E-commerce Private Limited
• Amazon (12 different legal entities)
• Bloomberg Index Services Limited
• Booking.com B.V.
• British Broadcasting Corporation
• DropBox
• Ebooks.com
• Expedia
• GitHub
• Godaddy.com LLC
• Google LLC
• Hotels.com L.P.
• Hotwire Inc.
• Indeed Ireland Operation Limited
• LinkedIn Corporation
• McAfee Consumer Affairs North LLC
• Meta Payments Inc.
• Monday.com
• Priceline.com LLC
• Shutterstock Inc
• Slack Technologies Inc
• TeamViewer Germany GmbH
• TikTok Inc
• Trello Inc
• Twillo
• Twitter Inc.

The federal registry is available here:

https://www.canada.ca/en/revenue-agency/services/tax/businesses/topics/gst-hst-businesses/digital-economy-gsthst/confirming-simplified-gst-hst-account-number.html#wb-auto-4

Suppliers Outside Québec That Are Registered for the QST Under the Specified System

The registry is made of 1594 entries as of November 13, 2023 and includes the following:

• Airbnb Ireland UC
• Amazon.com Services LLC
• Digital River GmbH
• DropBox Inc.
• Expedia Inc.
• GitHub, Inc.
• GoDaddy.com LLC
• Google LLC
• Hotels.com LP
• Indeed Ireland Operations Ltd.
• LinkedIn Corporation
• (Mailchimp) The Rocket Science Group LLC
• Meta Payments, Inc.
• Priceline
• Shutterstock, Inc.
• Sync.com Inc.
• Toronto Star Newspapers Limited
• Trello, Inc
• Twilllo Inc.
• Twitter Inc.
• Upwork Global Inc.
• Vimeo.com Inc.
• Vistaprint Canada Corporation
• Zoho Corporation

The Quebec registry can be accessed here:

https://www.revenuquebec.ca/en/businesses/consumption-taxes/gsthst-and-qst/special-cases-gsthst-and-qst/suppliers-outside-quebec/suppliers-outside-quebec-that-are-registered-for-the-qst-under-the-specified-system/

Filed Under: Uncategorized Tagged With: digitaleconomy, exactmethod, expensereports, factorsmethod, GST, HST, qst

Digitization will Prepare Companies to Compete Globally – David Dodge – Former Bank of Canada Governor*

July 19, 2023 by Serge Vanier, CPA Leave a Comment

*(Comment published last month in the Financial Post)

Indeed, there are great advantages in digitizing a business process. The obvious ones are faster access to information, it is more sharable, it increases productivity, higher mobility & higher security.

The specific benefit in digitizing the employee expense report process includes offering a much better employee experience in comparison to requiring employees to fill out a spreadsheet and join receipts in an email. It provides a better insight into spending.

As for the specific benefits of Advataxes, it involves accessing and implementing sales tax rules and business rules that would be very hard to implement at the cost of a reasonable effort, such as being able to use the exact method for GST/HST/QST purposes, integrate a distance calculator, an OCR, an App, send an email alert when the 5,000 KM threshold has been reached for an employee in a given year, calculate taxes in meals but not on tips, have different sales tax recovery rates for non profit organizations for expenses incurred in different provinces, etc…

After all, competitivity is a key matter.

Filed Under: Uncategorized

6th Digital Transformation Trade Show – Palais des congrès de Montréal

May 23, 2023 by Serge Vanier, CPA Leave a Comment

Last week, the 6th Digital Transformation Trade Show took place at the Palais des congrès de Montréal.

We had the opportunity to discuss with the main actors of this change aimed at improving the productivity of organizations. At this fair, consultants and advisers in digital transformation were present as well as representatives of medium and large companies, organizations of the municipal sector, the health sector, etc…

We discussed Advataxes as a digital employee and volunteer expense reporting solution designed for the Canadian tax landscape:

GST/HST/QST Features

  • Built to handle the exact method
  • Automate GST/HST/QST recoverable on meal expenses excluding tips
  • Automate GST/HST/QST recoverable on allowances
  • Send an alert when 5000 KM has been reached
  • NPOs & FIs: Store both GST/HST/QST payable & recoverable
  • NPOs: automate different HST recovery rates for each province
  • No tax code; no requirements for employees to be tax practitioners

Online Expense Report Tools

  • IOS/Android App
  • Distance calculator
  • OCR
  • Digital image attached to each expense
  • Credit card transactions upload
  • Up to 2 levels of approval
  • Automatically covert 8 foreign currencies
  • Department code, work order, cost center & project numbers can be added
  • Accounting integration – CSV output to configure
  • Encrypted transmission
  • Data stored in a Canadian data center
  • French or English at the employee level

Ad Valorem

Filed Under: Uncategorized

Revenu Quebec will strengthen its mission in terms of Audit

April 5, 2023 by Serge Vanier, CPA Leave a Comment

Within the tabling of the Quebec budget on March 22, 2023, the Quebec Government has notably announced the hiring of additional staff which will enable them to strengthen its mission in terms of audits. Budget 2023-2024 provides expenditures of $117 million over 5 years to ensure tax fairness.

One of the objectives is to “Step up its inspection activities in all sectors of activity, …” as stated in the budget documents. The Quebec government estimates that this measure will increase revenues by $200 million over 5 years. This plan also targets high-risk sectors.

Filed Under: Canadian Taxation Tagged With: employee expense software, GST, gst/hst, HST, OCR Expense Report, qst, SAAS

Significant Per-Kilometer Allowance Rate Increase in 2023

February 28, 2023 by Serge Vanier, CPA Leave a Comment

The per-kilometer rate that is considered reasonable in 2023 is set to 68 cents in a province for the first 5,000 kilometer. This is a 11% increase in comparison to the rate set for the previous year which was 61 cents that has been implemented by both the Canada Revenue Agency and Revenu Quebec. This is a substantial increase from the KM rate of the year 2022 when we compare with other annual increases. For amounts after 5,000 kilometers driven, the rate is set to 62 cents. This rule is applicable both for GST/HST/QST purposes and for income tax purposes.

1- Example

So, lets take as an example a company where it is projected that on average their employees will be reimbursed the maximum rate in 2023 and these employees will drive 16,000 kilometers in relation to activities of that company.

The amount to be reimbursed to each employee would be $10,220 and is detailed as follows:

KM projected in relation to employer activities Reimbursement rate Amount paid
First 5,000 KM 5,000 KM 68 cents $ 3,400
After 5,000 KM 11,000 KM 62 cents $ 6,820
Total 16,000 KM $10,220

Assuming that this company incurred expenses exclusively in the course of commercial activities, and has one employee in British Columbia, one in Ontario and another one in Nova Scotia, the projected input tax credits on kilometer allowances in 2023 to these 3 employees would be about $3K or roughly 10% of all kilometer allowances paid.

Employee A in BC Employee B in ON Employee C in NS Total
Projected KM in 2023 16,000 16,000 16,000 48,000
Projected Allowance $10,220 $10,220 $10,220 $30,660
Tax fraction 5/105 13/113 15/115
Input tax credits $486.67 $1,175.75 $1,333.04 $2,995.46

2- The Territories

These rates are higher in the three territories (Yukon, Northwest Territories and Nunavut). The first 5,000 KM is set to a maximum of 72 cents and the rate for over 5,000 KM driven is set to a maximum of 66 cents.

3- What to do and what not to do

All daily trips should be recorded in support of kilometer allowances paid, so information to keep on record would be the date of the trip, the origin and the destination. You cannot reimburse the employee for expenses relating to the use of that vehicle. For instance, that company is not entitled to reimburse to these 3 employees gas or repair expenses for the use of their vehicles (there is however a very specific exception for insurance premium). If the company would also reimburse expenses for the use of their vehicles, it is expected that all ITCs claimed would be denied during the course of a tax audit, as all allowances and vehicle expenses would be deemed not reasonable.

Yet, if for instance, the employee in BC has to go to a meeting in Phoenix Arizona, gets on a plane and once at the Phoenix airport rents a car and incurs gas expenses, the reimbursement of these expenses will not deny the input tax credit claimed on business kilometer allowance in BC since these are not expenses relating to the use of that employee’s vehicle.

4- How to make employees’ life easier in complying with tax rules on KM allowances

There are ways to alleviate the burden that employees have inherited in managing the kilometer allowance provision of the Income Tax Act, the Québec Taxation Act, the Excise Tax Act and an Act respecting the Québec sales tax.

4.1 Distance calculator

Provide employees with a distance calculator, (see our distance calculator webpage) calculating the number of kilometers driven between the origin and the destination. The distance calculator can be used by entering two addresses. It can also be used by entering points of interest. For instance, an employee can write “Starbucks Abbotsford” and a selection of Starbucks in Abbotsford will appear for that employee to select. That employee can also write “hospital Surrey” and the address of the Surrey Memorial Hospital will appear. So, the days where the employee had to religiously write, before the start of any day trip, the kilometers shown on his dashboard and do the same at the end of his day trip, in order to get the total kilometers driven for business purposes, there are now alternative methods to it. The distance calculator will assist each employee in calculating the number of kilometers driven each day. The distance calculator is accessible both with the expense report software Advataxes web URL and the App.

4.2 Comment box

Another useful item, is to provide a comment box for all kilometer allowance expenses, so each employee can add, as the case may be, any comments regarding business day trips.

4.3 No tax codes

Making sure that employees don’t have to select a tax code, is another major way of making it easier to fill out expense reports. Employees who are by and large salesman, technicians and professionals are not sales tax practitioners, thus any requirements that they apply proper tax rules is a risky tax management structure. Advataxes is instead based on a matrix approach to calculate both GST/HST/QST paid and GST/HST/QST recoverable (see our page GST/HST/QST Parameters).

4.4 Fixed kilometer rate

To avoid clerical errors by selecting an erroneous kilometer rate, a drop down with a fixed kilometer rate for each employee where only the one that is applicable to that employee at a given point in the year is the one that is available.

5- Safeguard for not reimbursing 68 cents per kilometer for those exceeding the 5,000 km threshold

It is essential not to exceed the applicable threshold since these amounts will be deemed non reasonable. For instance, if no one is keeping track of how many kilometers an employee has incurred in a year where the employee still gets reimbursed 68 cents even though that employee exceeded 5,000 km of travel in 2023 in the course of an employment is problematic. It is expected that during an audit, tax claims will be denied.

In order to comply with the threshold rule, a warning informing that the 5,000 KM threshold for a given employee has been reached is sent by Advataxes, in order that the lower rate be chosen for a given employee.

6- Safeguard for controlling that no expenses regarding the use of an employee vehicle are reimbursed

As mentioned before, a company paying kilometer allowances to its employees can’t reimburse these same employees for expenses relating to their vehicle. In that respect the “search” and the “sort” tools can be used to investigate if ever vehicle expenses where also reimbursed to employees and if it is the case, rectify erroneous behaviors.

7- Conclusion

Both the Canada Revenue Agency and Revenu Quebec are granting, in 2023, a much higher kilometer allowance where input can be claimed.

Although this measure is a better financial opportunity it bears a greater financial risk in case of non compliance. So, organizations who are fully taking advantage of these 2023 KM rates should ascertain the following controls exist:

1) All business trips are substantiated (i.e. date, origin, destination…)

2) Expenses relating to the use of that vehicle are not reimbursed

3) To lower the rate per kilometer paid to each employee in a province from 68 cents to 62 cents once the 5,000 kilometers threshold has been reached in 2023 (from 72 cents to 66 cents in a territory).

Filed Under: Uncategorized

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About Advataxes

Advataxes is an online accounting software for employee expenses that automates recoverable GST/HST and QST for small, medium and large businesses. Employees can fill out and submit their expense reports to their supervisors from anywhere using their PC, tablet or smartphone in no time. This online software is available in English and French. Advataxes is a product of Ad Valorem which is a member of Antea an internationnal association of independent firms.

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