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ARTICLE · 06 DECEMBER 2012

The Retail Sales Act Still Has Some Teeth Under HST

Effective July 1, 2010, Ontario harmonized its retail sales tax (RST) with the federal goods and services tax (GST) to form a harmonized sales tax (HST).

CanadaTax

Effective July 1, 2010, Ontario harmonized its retail sales tax (RST) with the federal goods and services tax (GST) to form a harmonized sales tax (HST). However despite harmonization, some rules in Ontario's Retail Sales Tax Act (RSTA) continue to have application today.

Bulk Sales - Agreements on or before March 29, 2011

Section 6 of the RSTA requires each person who disposes of "stock through a sale in bulk to which the Bulk Sales Act, Ontario applies" to obtain a Clearance Certificate from the Ministry of Finance before the disposition, where the sale is pursuant to a written agreement entered into on or before March 29, 2011. In most cases, the sale of all or part of a business will trigger the application of the Bulk Sales Act, Ontario.

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