Dave interviews David McCormick from Legacy Lawyers to talk about e-commerce taxation in B.C., Canada, specifically regarding the Online Marketplace Services Act, the Ministry of Finance's choice to start charging Provincial Sales Tax (PST) to every B.C. based seller on each of Amazon's seller fees, and why this choice is ultimately flawed.
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The Big Takeaway:
- Provincial Sales Tax (PST) is being applied to fees paid by sellers, and not just customer orders.
- While Amazon has taken a conservative approach to PST collection by overcharging, sellers face challenges in obtaining refunds for overpaid PST. The Ministry of Finance have been very difficult to appeal with even when having a legitimate defense.
- This leaves sellers with no choice; and they may need to engage legal help for refund applications.
- Political action is necessary to address unfair tax practices.
- Sellers should be proactive in communicating with their Members of the Legislative Assembly (MLAs).
Timestamps
- 00:00 - Introduction to E-commerce Taxation in BC
- 03:03 - Understanding the Online Marketplace Services Act
- 06:08 - Impact of PST on E-commerce Sellers
- 08:55 - Amazon's Approach to PST Collection
- 12:13 - Navigating Refund Applications and Denials
- 15:05 - Legal Interpretations and Software Taxation
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