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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
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Experience:  15years with H & R Block. Divisional leader, Instructor
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Hi,I run a small New York based theater company, and we

Resolved Question:

Hi,

I run a small New York based theater company, and we have an opportunity to present our production in Canada for a two week run this summer. The cast and crew are a mix of Americans and Canadians. Do I need to register our business in some way and pay taxes in Canada for monies earned on tickets?
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.
Hello and thank you for using Just Answer,

You have to register for GST/HST in the following cases:

  • you provide taxable, including zero-rated, goods or services in Canada in the course of carrying on business in Canada and you are not a small supplier;
  • you make taxable supplies of admissions in Canada to a place of amusement, a seminar, an activity, or an event held in Canada, even if you are a small supplier;
  • you are a non-resident who enters Canada to charge admission directly to audiences at activities or events in Canada, and the admissions are not made by a resident promoter or ticket agent.
  • you host a convention in Canada, and more than 25% of the delegates are residents of Canada; or
  • you solicit orders for publications to be delivered to customers by mail or courier in Canada and you are not a small supplier.

When you register for GST you are automatically registered for HST. Here is a booklet that the Canadian Revenue Agency (CRA = our IRS) has published
http://www.cra-arc.gc.ca/E/pub/gp/rc4027/rc4027-11e.pdf

Customer: replied 1 year ago.

thank you, XXXXX XXXXX any employment related registrations required?


 

Expert:  Robin D. replied 1 year ago.
The tax treaty between the US and Canada would give relief to the US workers and company on any requirements to withhold. The Canadian performers would need to be covered for their time.
Employers are required to report, withhold, and remit withholding tax for each of their employees unless a waiver of withholding tax has been issued by CRA. As a technical matter, even short business trips to Canada are subject to payroll withholding unless a waiver has been obtained.
These requirements apply even if the employer is a U.S.company that does not have a permanent establishment (PE) in Canada.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7344
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 5 other Tax Specialists are ready to help you
Customer: replied 1 year ago.
Thanks a lot. So just to make sure I understand, you are saying that if we file for a waiver and it is granted, I won't need to withhold or remit for the US performers, but our Canada team we have to withhold and remit payroll taxes for? Is that what you mean by "being covered for their time?" Is this the case even if we are hiring them (the Canadians) as temporary independent contractors?

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