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ARTICLE · 20 JUNE 2019

Are Bitcoin And Other Cryptocurrencies Subject To GST/HST?

On May 27, 2019, the Department of Finance issued draft legislation and explanatory notes relating to the Excise Tax Act that would add a "virtual payment instrument" to the definition of a financial instrument for GST/HST purposes.

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On May 27, 2019, the Department of Finance issued draft legislation and explanatory notes relating to the Excise Tax Act that would add a "virtual payment instrument" to the definition of a financial instrument for GST/HST purposes.

As such, a virtual payment instrument (such as a Bitcoin) would be treated as a property (and therefore, not money) that would be considered a financial instrument for GST/HST purposes after May 27, 2019.

Before that date, there was (and still is) uncertainty as to how to consider Bitcoins and other similar instruments in the context of purchase and sale transactions. The Canada Revenue Agency (the "CRA") had previously only provided a limited view stating that when a GST/HST registrant was accepting cryptocurrency (including Bitcoins) as mode of payment on the sale of goods or services, the registrant was to charge GST/HST calculated on a sale price equal to the fair market value of the cryptocurrency at the time of the transaction.

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