Gst44

Tax Topics
1

Want to confirm two things regarding this election:

  1. Filed by recipient
  2. Must be filed by GST - HST payment due date.

Reporting Period: 04/30-2024 – 04/17/2025.
Expected return 07/17/2025

Therefore, file GST 44 by 07/17/2025

Sources:

GST44: Buying & Selling a Business in Canada | Jeremy Scott
GST44 must be filed before the recipient of the business would be required to pay their GST/HST tax returns to the CRA.

Kalfa Law Firm | Avoiding GST/HST with the filing of Tax Election 167
It is the responsibility of the purchaser to file for the election on or before the day that the recipient would have been required to file a return for the first reporting period in which GST/HST would have become payable if the sale had been made without the election being made. In plain terms, this means the purchaser must file the GST44 before the end of its reporting period.

I’ll file the GST 44 election via rep a client under the GST-HST account - File an election tab see screenshot below.

ELECTION SCREEN SHOT
ELECTION SCREEN SHOT2648×1330 212 KB

Then I will file the GST/HST return via GST/HST Netfile.

Any comments?

2

I don’t think it matters whether you file via RAC or on paper - the election is supposed to be filed before the end of the first reporting period.

Logically, you would not (generally) file a GST/HST return before the end of the reporting period, but I have seen it done by some clients. Other than that, I don’t think the “election filing date” has anything to do with the “return filing date”.

I’ve never filed one myself. The only instances (twice) I’ve been involved with this at all is when clients of mine were SELLING their businesses; I haven’t been engaged to help someone who was BUYING the business.