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- Date: Wednesday, 10 April 1985
- From: Werner Uhrig
- Re: a point of Canadian law. importing software into Canada.
-
- QUIRKS OF CANADIAN CUSTOM-DUTIES ON COMPUTER SOFTWARE
-
- According to a letter in REMARK of April 1985, page 7, Canadian
- customs distinguish between "applications" and "operating systems"
- software. I quote:
-
- Canada Customs divides software into the categories of operating
- system software and applications software. OS software is considered
- to be an integral part of the computer and is, therefore, considered
- as hardware, which attracts both duty and federal sales tax. This
- duty and sales tax is paid on the TOTAL PURCHASE PRICE of the
- software.
-
- NO DUTY is paid on applications software. Federal sales tax is
- payable, but ONLY on the value of the physical medium on which the
- program is recorded.
-
- Of course, to take advantage of this distinction, you must provide
- sufficient information on the shipping invoice, and probably bring the
- Canada Custom officer's attention to his department's policy in this
- regard, which is set out in Revenue Canada Memorandum D13-11-2.
-
- [An example of] what the invoice should also say is applications
- software, recorded on 5-1/4" diskette magnetic medium, the medium
- itself having a value of $X".
-
- The practical effect of this, of course, is that the recipient pays
- 10% of next to nothing, and that customs might not even bother to
- collect the few cents.
-
- The same applies to software recorded on a ROM-chip. Incidentally,
- disk drives, power supplies and cabinets, imported into Canada by
- themselves, and not as part of a computer, attract federal sales tax,
- but NOT duty, which is generally 3.9% for computer equipment that is
- subject to duty.
-
- Direct any questions and request to the Minister of Revenue Canada,
-
- The Honourable Perrin Beatty,
- Minister, Revenue Canada - Customs and Excise
- Connaught Building, McKenzie Avenue
- Ottawa, Ontario, K1A OL5
-
- [any thanks for bringing this useful information to our attention goes to:
-
- Jim Shantora,
- Barrister, Solicitor, Notary Public,
- 109 Silversted Drive
- Agincourt, Ontario M1S 3G4
-
- Note also, that REMARK is the Official Magazine for users of
- Heath/Zenith computer equipment and your local HUG - Heath Users Group
- - or Zenith-dealer should have a copy for review. --- Werner ]
-