Please note that the following document, although correct at the time of issue, may not represent the current position of the Canada Revenue Agency. / Veuillez prendre note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'Agence du revenu du Canada.
Excise and GST/HST Rulings Directorate
Place de Ville, Tower A, 15th floor
320 Queen Street
Ottawa ON K1A 0L5
[Addressee]
Case Number: 62749
Business Number: […]
October 24, 2012
Dear [Client]:
Subject: GST/HST RULING
HST and Cost-of-Repair Estimates
Thank you for your faxes of [mm/dd/yyyy] and [mm/dd/yyyy], concerning the application of the Goods and Services Tax (GST)/Harmonized Sales Tax (HST) to cost-of-repair estimates. We apologize for the length of time it has taken to respond to your query.
HST applies at the rate of 15% in Nova Scotia, 13% in Ontario, New Brunswick, and Newfoundland and Labrador, and 12% in British Columbia. GST applies at the rate of 5% in the remaining provinces and territories.
All legislative references are to the Excise Tax Act (ETA) unless otherwise specified.
STATEMENT OF FACTS
Based on the information supplied in your faxes, we understand that:
* […] (your company) supplies cleaning and restoration services to homes and businesses in […] Canada.
* As part of your company’s business activities, you supply cost-of-repair estimates relating to insurance claims.
* In the example supplied to us […], the estimate was supplied to […] (the adjuster) who would use this estimate to recommend the compensation in satisfaction of a property insurance claim.
* Your company inspected the damaged property to prepare your estimate of the cost of repairs.
* The cost-of-repair estimate lists charges to remove and replace shingles, replace the ice and water guard, replace roof vents, remove and reset the chimney flashing, replace the ridge cap, and charges for the disposal fee, travel/per km, as well as percentage amounts for overhead and profit.
* The estimate also sets out the charges for overhead, profit and GST/HST.
* You charged a fee of $[…] for supplying this estimate.
RULING REQUESTED
You would like to know if this cost-of-repair estimate is a taxable supply for which you must charge GST/HST.
RULING GIVEN
Based on the facts set out above, we rule that your company’s supply of this cost-of-repair estimate is not a taxable supply. It is an exempt supply to which GST/HST does not apply.
This ruling is subject to the qualifications in GST/HST Memorandum 1.4, Excise and GST/HST Rulings and Interpretations Service. We are bound by this ruling provided that none of the above issues are currently under audit, objection, or appeal, that no future changes to the ETA, regulations or our interpretative policy affect its validity, and all relevant facts and transactions have been fully disclosed.
EXPLANATION
For the services supplied by your company to an insurer or an insurance adjuster to be exempt, the service must satisfy one of the exempting provisions set out in the ETA. In this particular situation – the service of supplying a cost-of-repair estimate concerning a property insurance claim – the service would be exempt under the definition of financial service in subsection 123(1) if it complied with paragraph (j.1) of that definition and was not excluded by paragraph (r).
In other words, your company’s service would be exempt if the following conditions were met:
* the service is provided to an insurer or a person who supplies a service which is referred to in paragraph (j) (i.e., a provincially licensed adjuster who provides a service of investigating and recommending the compensation in satisfying an insurance claim that is not in the nature of accident and sickness or life insurance);
* the service is not provided by an accountant, actuary, lawyer or notary in the course of a professional practice; and
* your company inspects the property and provides an appraisal of the damage caused to the property.
Since your company’s estimate is an estimate of the cost of repairing damaged property where your company inspected the damaged premises to prepare your estimate and since you are supplying this estimate to an insurance adjuster who is using this estimate to recommend the compensation in satisfaction of a property insurance claim, your company’s estimate of the cost of repairing the wind-damaged roof is an exempt supply and you do not charge GST/HST for this service.
If you require clarification with respect to any of the issues discussed in this letter, please call me directly at 613-954-4394. Should you have additional questions on the interpretation and application of GST/HST, please contact a GST/HST Rulings officer at 1-800-959-8287.
Yours truly,
Doris McMullan
Insurance and ITC Allocations Unit
Financial Institutions and Real Property Division
Excise and GST/HST Rulings Directorate
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