Garage Gilles Roy (2007) inc. c. La Reine

Garage Gilles Roy (2007) inc. c. La Reine

The dealer's electronic warranty claim does not constitute an invoice because manufacturers have no immediate obligation to pay at submission and claims are subject to approval, adjustment or refusal; GST becomes due when the manufacturer approves the claim (i.e. when the obligation to pay arises under s.152(1)(c));...

Source-derived case information.

Citation
2014 CCI 269
Parties
Appellant: Garage Gilles Roy (2007) Inc.; Respondent: Sa Majesté la Reine
Court
Tax Court of Canada
Jurisdiction
Canada
Judgment Date
25 September 2014
Procedural Posture
Gst/hst Tax Appeal (loi Sur La Taxe D'accise) / Judgment
Outcome
Appeal allowed in part
Legal Topics
Time of Supply, Definition of Invoice, Tax Remittance Obligations, Exempt Supplies (non Resident Emergency Repairs)
Source Language
fr
Tax Law Indirect Tax (gst/hst) Administrative Law Time of Supply Definition of Invoice Tax Remittance Obligations Exempt Supplies (non Resident Emergency Repairs)

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Parties

Garage Gilles Roy (2007) Inc.

Appellant

Sa Majesté la Reine

Respondent

Procedural Posture

Gst/hst Tax Appeal (loi Sur La Taxe D'accise) / Judgment

  1. 1 Whether the dealer's electronic warranty claim constitutes a 'facture' (invoice) such that consideration becomes due at time of claim submission
  2. 2 When GST becomes due and perceivable for warranty repairs (time of supply)
  3. 3 Whether the assessment based on accounts receivable/statements was valid given the evidence and the presumption under s.299

Ratio Decidendi

The dealer's electronic warranty claim does not constitute an invoice because manufacturers have no immediate obligation to pay at submission and claims are subject to approval, adjustment or refusal; GST becomes due when the manufacturer approves the claim (i.e. when the obligation to pay arises under s.152(1)(c)); the assessment based on internal accounts was manifestly erroneous and must be reconsidered to exclude GST on warranty repairs for the specified periods.

Court Disposition

Appeal allowed in part

Orders

  • Appeal allowed without costs
  • The assessment (new cotisation) dated May 19, 2010 is referred to the Minister for reconsideration and reassessment to exclude amounts of GST attributable to warranty vehicle repairs for the periods ending July 31, 2009 and October 31, 2009