Why Restaurants in Canada Charge GST and HST During the Holiday Tax Break

Why Restaurants in Canada Charge GST and HST During the Holiday Tax Break

Ever since Canada announced the GST/HST tax break holiday in November, there’s been widespread discussion among Canadian restaurants, caterers, and customers about which products are eligible. This temporary tax relief, designed to provide savings for consumers, has sparked numerous questions, especially regarding alcoholic beverages, food delivery, and catering services.

Clarifying the GST/HST Tax Break

The federal government passed legislation implementing a temporary GST/HST break for a variety of everyday essentials. This tax relief took effect on December 14, 2024, and will remain active until February 15, 2025. The tax break applies to several categories of products, such as:

  • Children’s clothing and footwear
  • Children’s diapers
  • Books
  • Christmas trees and other seasonal decorations
  • Jigsaw puzzles
  • Most food and beverages

Impact on Restaurants and Bars

A significant portion of the confusion surrounding this legislation pertains to its application to restaurants and bars. Here’s a breakdown of what you need to know:

  • Tax-Exempt Items:
    • Food and drinks served at restaurants, pubs, bars, food trucks, and other establishments are tax-exempt.
    • Beer, wine, cider, and sake with an alcohol by volume (ABV) of 22.9% or less are not taxed.
    • Spirit coolers or premixed drinks with an ABV of 7% or less are also tax-exempt.
  • Items Subject to Tax:
    • Cocktails, hard liquor, and other mixed drinks exceeding the ABV thresholds are subject to tax.
    • Examples include martinis, negronis, and tequila shots.
  • Special Cases:
    • Drinks like mimosas (made with sparkling wine) and micheladas (made with beer) remain tax-exempt under this legislation.

Many restaurants have adapted quickly to these changes. For instance, Mildred’s Temple Kitchen provided clear guidance to their customers through informational cards placed on tables. “Some customers didn’t even know there was a tax break,” said Machael Shaikh, general manager. However, once informed, customers were excited about the potential savings.

Similarly, a spokesperson for the Drake Hotel noted that while some people expressed curiosity about the new rules, most were happy to take advantage of the savings without significant challenges.

Food Delivery and Tax Confusion

Food delivery apps like Uber Eats and DoorDash have added a layer of complexity to the tax break. While the food and beverages themselves may be tax-exempt, the delivery service fees are still taxable. This is because two separate transactions occur when ordering through these platforms:

  1. The restaurant provides the meal to the customer.
  2. The platform provider delivers the meal to the customer.

As a result, customers may still see some taxes on their delivery orders despite the GST/HST holiday.

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What This Means for You

If you’re dining out or ordering food during this tax break period, keep these key points in mind:

  • Double-check your receipts to understand which items are tax-exempt and which are not.
  • Expect tax to be charged on delivery services, even if the food items are tax-free.
  • Take advantage of savings on eligible products like beer, wine, and certain mixed drinks, but be mindful of the exceptions.

Canada’s GST/HST tax break holiday offers a valuable opportunity for consumers to save money on everyday essentials, dining experiences, and more. While there may be some initial confusion about the specifics, many businesses have stepped up to provide clarity and ensure customers can fully benefit from the temporary tax relief. Be sure to familiarize yourself with the rules to make the most of this limited-time opportunity.

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