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 Specialty Tax Directorate
Place de Ville, Tower A, 5th floor
320 Queen Street
Ottawa ON K1A 0L5
[Client]
[Address]
Case Number: 9000320
June 27, 2024
Dear [Client]:
Subject: LUXURY TAX INTERPRETATION
Luxury tax on a vehicle being purchased with an agreement before 2022
Thank you for your Fax dated [mm/dd/yyyy], concerning the application of the luxury tax on a vehicle that you are purchasing. We apologize for the delay in our response.
All legislative references are to the Select Luxury Items Tax Act (the Act) unless otherwise specified.
Statement of Facts
From the documents that you have provided, we understand the following:
1. On [mm/dd/yyyy], you placed a pre-order for a new vehicle, initially priced under $100,000, from a vendor and you provided a deposit of $[…]. Current pricing of the vehicle in question is priced over $100,000.
2. The new vehicle in question was not available to be ordered in Canada until [mm/dd/yyyy], and the vendor has yet to offer you the vehicle in question.
3. You understand that the vendor has recently updated the purchase price of the vehicle to include the cost of the new luxury tax, which came into effect on September 1, 2022.
Interpretation Requested
It is your understanding that you have entered into an agreement in writing with the vendor before 2022 to purchase a new vehicle priced over $100,000. As such, you believe that the vendor should not be including the cost of the luxury tax in the price of the vehicle that you are purchasing.
You would like to request an interpretation from the Canada Revenue Agency (CRA) on your eligibility for relief from the luxury tax on the vehicle that you are purchasing.
Interpretation Given
Based on the facts set out above, you are not eligible for relief from the luxury tax on the vehicle that you are purchasing.
Explanation
The luxury tax applies to vehicles that meet the definition of “subject vehicle” under the Act and that are priced above the $100,000 price threshold. Based on the information that you have provided, we understand that the vehicle that you are purchasing meets the definition of subject vehicle.
Under the Act, the vendor of the subject vehicle is generally the person who is liable for the luxury tax on the sale of a subject vehicle priced above the price threshold. Accordingly, any relief from the luxury tax is generally only available to the vendor who would have been liable for the luxury tax if the tax relief had not been available.
The Budget Implementation Act, 2022, No. 1, which implemented the new luxury tax, includes transitional rules to facilitate the transition to the new luxury tax regime. Under the transitional rules, luxury tax relief is available on the sale of a subject vehicle priced over $100,000 if a purchaser and a vendor enter into an agreement in writing before 2022 for the sale of the subject vehicle in the course of the vendor’s business of selling subject vehicles.
It is incumbent on the vendor to determine what documents or documentation constitutes as an agreement in writing in respect of the sale of a subject vehicle in accordance with the transitional rules. For the tax relief to apply to the sale, the vendor will need to establish that there is an agreement in writing before 2022 for the sale of a subject vehicle priced over $100,000. Otherwise, luxury tax will be payable on the sale of the subject vehicle at the time the sale is completed pursuant to section 18 of the Act.
If luxury tax is payable by the vendor, the vendor may decide to pass the cost of the luxury tax to the purchaser by including the luxury tax in the purchase price of the subject vehicle. As a tax administrator, the CRA does not regulate industry pricing of goods for consumers. If you have concerns relating to the purchase price of a subject vehicle, you may wish to discuss the matter with your vendor.
The interpretation given in this letter, including any additional information, is not a ruling and does not bind the Canada Revenue Agency (CRA) with respect to a particular situation. Future changes to the Act, regulations, or the CRA’s interpretative policy could affect the interpretation or the additional information provided herein. For further information see the publication “Requesting an Excise and Specialty Tax Ruling or Interpretation”.
If you require clarification with respect to any of the issues discussed in this letter, please reach me directly at 343-572-4194.
Yours truly,
Alfonso Capretta
Manager
Luxury Tax Unit
Excise Tax and Fuel Charge Division
Excise and Specialty Tax Directorate
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