RST Guide 600, March 2009
Vendors who provide motor vehicle repairs must charge, collect and remit RST on any taxable materials consumed, taxable parts sold or taxable repairs (services) performed to motor vehicles. The following are examples of taxable materials and services.
Persons who provide non-taxable repair services should not charge RST to their customers. However, they must pay RST on all materials bought for use in providing these services. Examples include:
Retail Sales Tax (RST) is not applicable to charges for Drive Clean emissions testing even if other repair work is performed at the same time. Where the emissions test and repairs/adjustments to the vehicle are billed under one charge, RST should be charged on the repairs/adjustments only as the emissions test is a set charge and can easily be identified and separated from the taxable charges.
RST must be paid on shop supplies at the time of purchase since the shop uses the supplies. Examples of taxable shop supplies include:
On occasion, auto body repairers separate an amount on the billings to the vehicle owner for shop supplies. The fact these charges are separated on a sales invoice does not alter their tax status. The charge for supplies is one component of the total repair charge, on which the purchaser must pay RST.
An exemption may be claimed by the repairer on materials that become part of the customer's vehicle. Examples include:
To obtain the exemption, the repairer must provide a valid Purchase Exemption Certificate (PEC) to its supplier.
Customers are required to pay RST at the rate of 8 per cent on their purchase of warranty contracts, extended warranty contracts, service or maintenance contracts, or guarantees. If a customer pays a deductible as part of the warranty repair, the customer must also pay RST of 8 percent on the deductible amount.
RST does not apply to parts and labour used to carry out repairs or replacements under warranty contracts, service or maintenance contracts, or guarantees. Repairers can purchase repair parts exempt from RST by providing their supplier with a valid PEC.
RST applies to the total charge for both repair parts and labour and is payable by the insurer on behalf of the insured. The repairer must charge RST on the total amount before any deductible is applied.
Generally, when repairs are performed under an insurance contract, the repairer of the goods, on behalf of the policy holder (insured) sends the invoice directly to the insurance company (insurer) after reducing it by the amount of the deductible. The insured is billed or notified separately for the deductible amount. RST is payable on the amount of the deductible by the insurer on behalf of the insured. The insured pays only the deductible amount as specified in the insurance contract.
Where the repairer waives the deductible payable by the customer, the insurance company must still pay Retail Sales Tax (RST) on the full cost of the repair. The amount paid by the insurer to the repairer will be net of the deductible but includes the full amount of RST. The amount of the deductible must be shown on the bill to the insurer.
Example of repair with waiver of deductible:
Charge for Repair |
1,000 |
|---|---|
GST Payable |
50 |
RST Payable |
80 |
Invoice Total |
1,130 |
Less Deductible |
-100 |
Net Amount Paid by Insurer |
$1,030 |
RST does not have to be charged on repair parts, repair services, warranty, service and maintenance contracts for motor vehicles owned by:
Certain repairs and repair parts purchased for qualifying fire fighting vehicles used exclusively by a municipality, university, public hospital, local services board or volunteer group may be purchased exempt from RST. Qualifying repairs and parts include only those components which were permanently attached or incorporated into the vehicles at the time of the vehicle's purchase (i.e., lights, sirens, tires, etc.) To receive the exemption, the purchaser must provide the repairer with a valid PEC.
Repairers must charge, collect and remit Retail Sales Tax (RST) on all vehicle repairs and parts purchased by an out-of-province customer who will remove or arrange for permanent removal of the vehicle and/or parts outside Ontario. The customer may apply to the ministry for a refund of RST paid on parts if the repaired vehicle is removed from Ontario within 30 days from the date of purchase. In order to qualify for the refund, the RST paid on parts must be $50 or more and the customer must provide proof that the applicable tax has been paid to the other Canadian jurisdiction in which the vehicle will be used. No refund is available on labour charges as it is consumed in Ontario. PEC's cannot be accepted in this case.
Repairers should not charge, collect or remit RST on vehicle repairs and parts where they directly ship or arrange for shipment of the vehicle or parts to a location outside of Ontario. The repairer must retain documentation (e.g., bill of lading) to support the exempt sale.
To obtain a written interpretation on a specific situation not addressed in this publication, please send your request in writing to:
Ministry of Revenue
Tax Advisory Services Branch
Retail Sales Tax Section
33 King Street West, 3rd Floor
Oshawa ON L1H 8H5
The information contained in this publication is provided only as a guideline and is not intended to replace the legislation.
© Queen's Printer for Ontario, 2009
ISBN 978-1-4249-9295-9 (Print)
ISBN 978-1-4249-9297-3 (PDF)
ISBN 978-1-4249-9296-6 (HTML)