Ok, maybe I’m just second guessing everything so close to the deadline this year…but please help me out.
If a sole proprietor is registered for HST, has a commercial location but sells both exempt services and collects HST on sale of products, can they not claim ITCs on the commercial rent even if 70% of revenues is from the exempt services?
Exempt supplies – are supplies of property and services that are not subject to the GST/HST. GST/HST registrants generally cannot claim input tax credits to recover the GST/HST paid or payable on property and services acquired to make exempt supplies.
Certain purchases or expenses cannot be claimed as ITCs. Some of these non-qualifying expenses include:
Taxable goods and services that are bought or imported to provide exempt goods and services.
Exempt goods and services include used residential housing, medical and dental services, educational services, issuing insurance policies, financial services (such as bank fees) legal aid services, most goods and services provided by charities, and other such services);
** For exempt goods and services, you also do not charge or collect GST/HST and you cannot claim Input Tax Credits.1*
In other words, where a GST / HST registrant is involved in making both taxable and exempt (from GST / HST) supplies, the ITC is available only for the consumption or use in making the taxable supplies. An ITC cannot be claimed on taxable supplies related to making exempt supplies.
Another option to get further clarification is to call the HST technical officer phone number
**1-800-959-8287 ** I would ask for a specific reference to the excise tax act.
In my case, the business owner has a naturopathic store where she provides exempt services and also sells products that she collects sales tax. My question is if she can claim the ITCs on the commercial rent since it was necessary for her to sell her taxable goods.
I’m not sure of your clients exact classification but be careful to differentiate between exempt supplies and zero-rated supplies. You can still claim ITCs on the latter but not on the former.
When I was a controller at a private vocational school/ career college the school sold textbooks in addition to its courses. There was a separate storage room for the textbooks. Only the portion of the square footage used for the storage room was used to calculate the ITC on the commercial rent. This would work in your client’s situation.
Some products are exported to US retail customers so therefore would be Zero Rated. ITC’s would be for products & supplies used in the manufacturing of goods for resale.