RST Guide 800, April 2006
Under the Retail Sales Tax Act only specific types of equipment can be purchased exempt from RST by a person who is licensed by the Ontario Ministry of Natural Resources (MNR) under the Fish and Wildlife Conservation Act to trap fur bearing animals. Under Schedule 1 of the Fish and Wildlife Conservation Act, fur-bearing animal means a(n):
Examples of exempt equipment include:
Repairs of these items are also exempt. When claiming an exemption, trappers must provide suppliers with a valid Purchase Exemption Certificate and must state their MNR trapper's licence number on these certificates.
Examples of taxable equipment include:
A person engaged in the business of fishing means a person who undertakes fishing with a reasonable expectation of profit. Fishing means fishing within the meaning of section 248 of the Income Tax Act (Canada).
Boats, fishing nets and other fishing apparatus used to catch fish for human consumption can be purchased exempt from Retail Sales Tax by a person engaged in the business of fishing for use solely in that trade.
The exemption is available to a person engaged in the business of fishing who catches fish for human consumption only. The exemption cannot be extended to a person who catches fish for purposes other than human consumption, such as a person engaged in catching minnows and selling them as bait to sport-fishermen, or someone who catches fish for animal consumption. The exemption is also not available to sport-fishermen of any kind (i.e., whether professional or non-professional) or recreational fishermen.
To claim an exemption, a person engaged in the business of fishing must provide suppliers with a valid Purchase Exemption Certificate stating that the items purchased will be used exclusively in the course of the fishing business.
Examples of exempt boats and associated equipment are:
Examples of exempt fishing gear include:
Examples of taxable equipment include:
The information contained in this publication is only a guideline. For more information, please contact the Ontario Ministry of Revenue at 1 866 ONT-TAXS (1 866 668-8297) or visit our website at ontario.ca/revenue.
© Queen's Printer for Ontario, 2006
ISBN 1-4249-0886-8