28 June 2004 GST/HST Interpretation 52955 - Temporary Importation of Amusement Rides

Please note that the following document, although correct at the time of issue, may not represent the current position of the Agency. / Veuillez prendre note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'Agence.

Dear XXXXX:

Thank you for your letter XXXXX requesting partial relief of the Goods and Services Tax (GST)/Harmonized Sales Tax (HST) payable on the temporary importation of the amusement ride.

Statement of Facts

1. XXXXX intends to temporarily import the following amusement ride for use at fairs and exhibitions across Canada:

XXXXX

2. The amusement ride will be imported through the XXXXX.The ride will be imported into Canada during the month of XXXXX and will be in Canada for less than one year.

3. Neither title to nor beneficial use of the amusement ride is intended to pass, or passes, to a person while the amusement ride is in Canada.

4. The amusement ride is not imported for the purpose of further manufacture, alteration, processing, repair, or maintenance.

TEMPORARY IMPORTATION OF THE AMUSEMENT RIDE

Based on the above facts, the Canada Revenue Agency (CRA) will recommend that the GST/HST payable on the importation of the amusement ride be partially relieved by way of a special Order in Council. The GST/HST will be payable only on 1/60th of the value of the amusement ride for each month or portion thereof that the ride is in Canada. This recommendation is supported by the Department of Finance.

In view of the facts of the case, it was not possible to complete the order and obtain approval of the Governor in Council prior to the importation. Consequently, CRA will allow the importation on a 1/60th basis pending approval by the Governor in Council of the order, on the understanding that GST/HST, together with any interest and penalty, would be payable if approval is not granted or if the terms of the order are not met.

This letter is valid for a period of XXXXX, to permit the importation of the amusement ride. Special authority number XXXXX is to be shown in the special authority field on the Canada Border Services Agency (CBSA) accounting document as applying to the amusement ride. A copy of this letter will be sent to Ms. Debbie Arcand, Manager, Trade Incentives and Refunds Unit, Trade Policy and Interpretation Directorate, CBSA in Ottawa. Please contact your local CBSA office with this letter for additional information concerning import procedures and export requirements.

TEMPORARY IMPORTATION OF OTHER GOODS

In your letter, you state that you will also be importing other goods like living quarters and shop vans. Please note that some of these goods may qualify for partial relief of the GST/HST under the Side Shows and Concessions Remission Order, which is administered by CBSA. If you need information concerning the temporary importation of these goods, please contact your local CBSA office.

Should you have any further questions or require clarification on the above matter, please do not hesitate to contact Donato Licursi at (613) 952-4294.

Yours truly,

John Sitka
Director
General Operations and Border Issues Division
Excise and GST/HST Rulings Directorate
Policy and Planning Branch

2004/07/06 — RITS 52956 — Application of the GST/HST to Potential Out-of-court Settlement