10 October 2006 GST/HST Ruling 82625 - XXXXX

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 fax XXXXX concerning the application of the Goods and Services Tax (GST)/Harmonized Sales Tax (HST) to supplies of XXXXX (the Product).

All legislative references are to the Excise Tax Act (ETA) and the regulations therein, unless otherwise specified.

Effective July 1, 2006, the rate of the GST has been reduced from 7% to 6% and the rate of the HST from 15% to 14%. The new rates apply to supplies for which the GST/HST is paid on or after July 1, 2006, without having become payable before that date. Specific transitional rules apply to certain supplies, for example, real property. For more information on the transitional rules for the reduction of the GST/HST rate, please refer to Reduction in the Rate of the GST/HST - Questions and Answers (http://www.cra-arc.gc.ca/agency/budget/2006/gstrateqa-e.html) on the CRA Web site.

Statement of Facts

We understand the facts to be as follows:

1. The Product is manufactured by XXXXX.

2. The Product is labelled as XXXXX.

3. The ingredients are XXXXX.

4. The Product is packaged in a XXXXX grams in weight.

5. The Product has a XXXXX flavour.

6. Based on the image on the front of the package, it appears that the Product is intended to be used as a topping for salads.

Ruling Requested

You would like to know how the GST/HST applies to supplies of the Product.

Ruling Given

Based on the facts set out above, we rule that supplies of the Product are taxable at 6% GST or 14% HST.

This ruling is subject to the qualifications in GST/HST Memorandum 1.4, Goods and Services Tax Rulings. We are bound by this ruling provided that none of the above issues is 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

Supplies of most basic groceries, that is, food and beverages marketed for human consumption (including sweetening agents, seasonings and other ingredients to be mixed with or used in the preparation of such food or beverages), are zero-rated. Certain categories of foodstuffs, for example, carbonated beverages, candies and confectionery, and snack foods are taxable at 6% or 14%. In particular, paragraph 1(g) of Part III of Schedule VI excludes from zero-rating "salted nuts or salted seeds".

The Product is seasoned sliced XXXXX. XXXXX are a nut. The list of ingredients includes salt as an ingredient. Furthermore, the flavouring is described as XXXXX, which would indicate a salty tasting flavour. It is the position of the CRA that nuts or seeds that are available in various flavours such as Cajun or barbeque are taxable at 6% or 14% if the seasoning or coating includes salt as an ingredient.

Although the Product is promoted as a salad topping and could therefore be viewed as an ingredient, paragraph 1(g) does not distinguish between various uses of salted nuts or salted seeds. It is sufficient that the nuts or seeds are salted for the item to be excluded from zero-rating. Neither is it a requirement of paragraph 1(g) that the nuts or seeds be whole.

If you require clarification with respect to any of the issues discussed in this letter, please call me directly at (613) 952-7909.

Yours truly,

Gunar Ozols
Goods Unit
General Operations and Border Issues Division
Excise and GST/HST Rulings Directorate

2006/09/25 — RITS 82628 — Application of GST/HST to XXXXX Jerky XXXXX