for the carbon tax are similar to those
under the Motor Fuel Tax Act, with fuel
sellers being required to pay security
equal to the tax payable on the final retail
sale and consumers being ultimately
liable to pay the tax. For natural gas, the
tax is collected at the time of sale to a
person intending to consume or use the
gas in British Columbia.
Customs Duties
Canada’s Customs Act defines duties
to mean “any duties or taxes levied
or imposed on imported goods under
the Customs Tariff, the Excise Act,
2001, the Excise Tax Act, the Special
Import Measures Act or any other Act
of Parliament.” Therefore, imported
commercial goods are subject to both
import duty and the GST.
Customs duty is assessed on the basis
of the tariff classification of the imported
goods and the corresponding duty
rates set out in the Customs Tariff. The
most favoured nation (MFN) rates apply
unless the imported goods are eligible
for preferential tariff treatment based on
their country of origin. The MFN rates of
duty usually range from free to 8% on
machinery and equipment used in
production.
The following summary highlights a few
key areas relating to mining.
Machinery and Equipment
The federal government has
implemented measures to eliminate
tariffs on a wide range of manufacturing
inputs, machinery, and equipment
imported into Canada. The MFN rates
of duty either have been reduced to
free, or will be gradually reduced to
free by January 1, 2015.
There are various other provisions in
the Customs Tariff that may also be
considered if the imported goods attract
customs duty. For example, there are
special provisions that provide relief of
customs duty on certain goods used in
specific mining applications.
One of the priorities of the Canada
Border Services Agency (CBSA) for
2013 is to conduct tariff classification
verifications for vehicles imported by
mining companies under the provisions
of tariff item 9908.00.00 of the Customs
Tariff. Tariff item 9908.00.00 provides
duty-free treatment for importations of
certain vehicles and vehicle parts used
in the mining industry.
Ores and Concentrates
Importers of ores and concentrates
should be aware of potential compliance
risks relating to tariff classification
and valuation. Declarations of tariff
classification and customs value have
been the subject of audits undertaken
by the CBSA. For instance, ores are
often composed of more than one
mineralogical species (e.g., zinc ore with
copper and lead content). As a result,
it may be difficult to determine the
correct tariff classification for customs
declaration purposes.
With respect to customs valuation, ores
and concentrates are often imported
using provisional pricing and a final price
may not be settled upon until sometime
after importation. If the provisional
price is used for customs declaration
purposes, the declared value for duty
may need to be adjusted. In such
cases, it is important for the importer to
apply an acceptable customs valuation
methodology to ensure that the
import value is correctly declared, and,
where necessary, make the required
adjustments. Customs declaration errors
can result in assessment of additional
duty, GST, punitive interest, and
monetary penalties.
Temporary Importations
There are provisions that allow
machinery and equipment to be
imported free of customs duty if it
is imported temporarily for use in
Canada. To qualify for these provisions,
the goods must be exported within
a certain time frame and cannot be
imported for sale, lease, on-lease (the
imported goods can be leased to the
importer but the importer cannot lease
the goods to another party in Canada),
further manufacturing, or processing
(among other conditions). Full or partial
relief from the GST may be available,
depending on the specific goods being
imported and their use while in Canada.
If the goods do not attract duty upon full
importation and no relief from the GST is
available, there is no benefit to entering
the goods under these provisions.
Table 14: Carbon Tax Rates, British Columbia, as at June 30, 2013
Type of Fuel
Rate
Gasoline
6.67 cents per litre
Diesel fuel
7.67 cents per litre
Natural gas
5.70 cents per cubic meter
Propane
4.62 cents per litre
Coal – high heat value
$53.31 per tonne
Coal – low heat value
$62.31 per tonne
© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms
affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.
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