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Canada implements new electronic cigarette tax January 1, 2023

Date:2022-12-23 09:51:25 Classification :【Statute】 Visits:
background

The Canada Revenue Agency (CRA) is responsible for managing and implementing the consumption tax framework for electronic cigarette products contained in the 2001 Consumption Tax Act. The framework includes the imposition of a consumption tax, which is generally applicable to electronic cigarette products manufactured in Canada or imported into Canada, as well as to the duty paying market. The tariff applies to electronic cigarette products, whether or not they contain nicotine.


According to Article 158.36, CRA can issue electronic cigarette excise tax to the holder of electronic cigarette product license or the designated person of electronic cigarette who imports electronic cigarette products. No stamp duty slip will be issued to any person unless the applicant has registered with the electronic cigarette printing system and provided adequate financial security in a form satisfactory to CRA. The number of tax receipts issued to individuals may be limited by the CRA.



Consumption tax

Note: The enlarged image of the electronic cigarette consumption tax strip, with the marked arrows pointing to the anti duplication line, tax strip type, color changing ink, intaglio latent image, jurisdiction indicator, tax payment status and unique identifier.

The tax slip type is located in the upper left corner of the tax slip, and the words "VAPING VAPOTAGE" are written in black letters in horizontal lines.

At the bottom of these words, there is a box with a red maple leaf in it to prevent plagiarism.

The peach anti duplication line covers most of the rest of the left and center of the tax strip, except the part covered by the color changing ink and the intaglio latent image.

The color changing ink is located in the square box at the top center of the tax strip.

The intaglio latent image is located in the circle at the bottom center of the tax bar.

On the right side of the color changing ink and intaglio latent image, there is a vertical peach bar across the width of the tax bar. This clause includes the jurisdiction indicator "CAN" in white letters running horizontally. It also includes the tax payment status "DUTY PAID CANADA DROIT ACQUITT ¦" displayed in vertical black letters.

The unique identifier is located on the right side of the tax strip, with black characters arranged vertically.




Visible features include:

The size of the electronic cigarette consumption tax coupon is exactly 20 × 40mm

Tax stripe type, which indicates the product on which tax stripe must be applied

Jurisdictional indicators, including abbreviations of jurisdictional names, and distinctive color bands and backgrounds of jurisdictional areas; At present, no province or region adopts a coordinated federal e-cigarette capping system, so only the Canadian tax bill is available

Unique identifier, which is an alphanumeric identifier, starting with three uppercase letters followed by six numbers, and is specific to each electronic cigarette consumption tax coupon

Tax paid status, clearly indicating that the electronic cigarette tax has been paid for the electronic cigarette products

Public security functions include:

The intaglio latent image, which is a kind of carved image, has a unique touch and visual effect; On the vaping consumption tax strip, the letter C can be seen with the slight movement of the tax strip from a normal perspective

The color of the color changing ink will change from green to red when the viewing angle is changed by tilting the vaping consumption tax strip

Anti copying line, which provides a unique and unique appearance for the vaping excise tax slip, and because the quality and clarity of the line work will not be transferred to the copied file, it is difficult to copy the tax slip through copying

UV visible ink emits fluorescence under the black light sold in the market

The following personnel must affix the electronic cigarette consumption tax slip on the packaged electronic cigarette products used in the Canadian duty paying market:

Electronic cigarette product license holder for packaging electronic cigarette products

Electronic cigarette product license holder of imported packaged electronic cigarette products

Designated personnel of electronic cigarettes for imported packaged electronic cigarette products

The following electronic cigarette products do not need to be attached with the electronic cigarette consumption tax coupon:

Electronic cigarette products with drug identification number assigned according to food and drug regulations

Electronic cigarette products for export

Electronic cigarette products intended to be sold to authorized representatives

If only the packaged electronic cigarette products are imported into Canada, you can apply to be the importer of electronic cigarette products



Qualifications for becoming the designated person of electronic cigarette

To apply for becoming the designated person of electronic cigarette to obtain the electronic cigarette consumption tax slip, all the following conditions must be met:

Not the object of debt takeover

It has not violated any parliamentary act (except the Consumption Tax Act 2001) or any regulation of the provincial or regional legislature dealing with the taxation or control of alcohol, tobacco products or electronic cigarette products, or any regulation therein, and has not taken any action to deceive Her Majesty the Queen in the past 5 years

Each participant must be at least 18 years old

Sufficient financial resources to conduct business in a responsible manner

The following information must also be provided:

List of places where the electronic cigarette consumption tax is to be shipped

The address where the books and records are kept to indicate the electronic cigarette excise tax slip issued, used and/or destroyed

Business plan (including business industry overview, operation plan, financial plan or source of funds, and sales and marketing plan)

Acceptable financial guarantee

Financial security requirements

The minimum amount of financial guarantee required by the designated personnel of electronic cigarette is 5000 dollars. The maximum amount of financial guarantee will be USD 5 million.

Financial security calculation: 1 dollar multiplied by the number of tax receipts you hold or will issue to you

How to apply for becoming the designated person of electronic cigarette

To apply to become an electronic cigarette designated person, use Form L603 to apply.

The following may also need to be attached:

Form L600-B, Schedule B – Information relating to individuals, partners, directors, officers or shareholders

Form L601, Electronic Cigarette Printing System Registration

Form L604, Electronic Cigarette Guarantee Deposit – Designated Person

CRA will review the information provided in the L603 form to determine whether the applicant is qualified to be the designated person for electronic cigarettes. If you need more information, you may contact the applicant. When the applicant meets the eligibility criteria, the CRA will send a confirmation letter by mail and provide a new GST program account number.



Responsibilities of designated personnel for electronic cigarette

Registration of Electronic Cigarette Stamp Regime

Submit the monthly electronic cigarette information declaration form - designated person, including reporting the tax receipt inventory

All supporting documents shall be kept for at least 6 years to support your use of various tax receipts

Be responsible for all electronic cigarette consumption tax receipts received, and may be punished for any missing tax receipts

Remit the tariff of imported electronic cigarette products to the Canadian Border Service at the time of import

If any information provided in the license application has changed or is no longer accurate, it needs to be fed back to the CRA immediately.

l. Valid period as the designated person of electronic cigarette

The registration of the designated person of electronic cigarette shall take effect from the date indicated in the approval letter and remain valid until the person requests to be cancelled or no longer qualified to be the designated person of electronic cigarette.



For contact information about the Regional Excise Office, visit Contact Information - Contact Information - Excise, Excise, Fuel and Air Passenger Security







Registration of Electronic Cigarette Stamp Regime

Form L601 can be used to register the electronic cigarette stamp duty slip system

After registration, the CRA will review the information provided in the applicant's L601 form to determine whether the applicant is eligible to use the electronic cigarette excise tax slip. If more information is needed, the CRA may contact them. After the audit, CRA will confirm the validity of its registration by email and provide instructions on how to purchase tax slip. CRA has the right to issue and limit the number of electronic cigarette excise tax strips purchased.

Responsibility of the person who registers the electronic cigarette stamp duty slip system

Stick the electronic cigarette consumption tax slip on the electronic cigarette product at the time of packaging or before importing the packaged electronic cigarette product

Report tax strip inventory on Form B600, Electronic Cigarette Tax and Information Return (applicable to holders of electronic cigarette product licenses) or Form B601, Electronic Cigarette Information Return - Designated Person

Keep all supporting documents for 6 years to support the use and destruction of tax receipts

The missing electronic cigarette consumption tax slip may be punished.



Ordering process of electronic cigarette consumption tax coupon

After registering the electronic cigarette stamp duty slip system, the ordering process is as follows:



After successful registration, an account and temporary password will be obtained. The buyer of the tax receipt can log in to the online tax receipt ordering system to order, and can choose to accept the approval notice via email.

CRA reviews the tax slip orders received on each working day to verify the qualification of the tax slip purchaser and the details of the order. The CRA also conducts regular checks of tax regulations to determine compliance with the Act and its provisions. Orders received before noon Eastern Standard Time (EST) on each business day will be reviewed on that business day. Orders received after noon will be reviewed on the next working day. Approve the order and release it to the CRA authorized tax receipt provider for processing.

When the CRA authorized tax invoice supplier receives an order approved by the CRA, it will process the order according to the delivery standard specified in the supply arrangement between the tax invoice supplier and the tax invoice purchaser. As part of the supply arrangement, all transport terms are arranged by the CRA authorized tax invoice supplier.

The electronic cigarette consumption tax coupon is delivered in the form of 500 dry (non sticky) independent tax coupons. Once the tax slip is delivered to the tax slip purchaser or a third party, the tax slip purchaser will be responsible for the electronic cigarette consumption tax slip. The buyer of the tax strip can choose to sign a contract with a third party to add adhesive to the tax strip and convert it into a reel form for convenient application. Any lost or damaged tax slip in the process shall be the responsibility of the tax slip purchaser.

After receiving the e-cigarette excise tax slip, the authorized personnel at the transportation location authorized by the tax slip purchaser must confirm receipt of the e-cigarette excise tax slip. It is the responsibility of the tax coupon purchaser to maintain appropriate records to determine the receipt, retention, location, use or disposal of the electronic cigarette excise tax coupon ordered.

The CRA authorized tax invoice supplier will invoice at a pre-determined price, plus applicable taxes and delivery fees. The delivery of the electronic cigarette excise tax slip is completed through the security process, and the delivery cost also includes the applicable insurance costs. (The delivery cost and applicable insurance shall be borne by the buyer of the tax slip)

According to the contract between CRA and CRA authorized tax strip supplier, as of September 30, 2024, the unit price of electronic cigarette consumption tax strip is 0.0067425 dollars. From October 1, 2024, the unit price will increase to 0.0068774 USD

Transition rules

In order to promote the implementation, application, management and enforcement of the consumption tax framework for electronic cigarette products, the Budget Implementation Act No. 1 of 2022, Bill C-19, includes transitional products related to the collection and payment of electronic cigarette tax and electronic cigarette stamp tax, as well as electronic cigarette products with no tax sticker.



Collection and payment of electronic cigarette tax

According to Article 158.57, electronic cigarette products manufactured in Canada and packaged on or after October 1, 2022 and electronic cigarette products imported into Canada on or after October 1, 2022 are subject to electronic cigarette tax. Electronic cigarette tax on products manufactured in Canada is paid to CRA at the time of packaging. Electronic tobacco tax on imported products shall be paid to Canada Border Service Agency (CBSA) at the time of import.



For electronic cigarette products manufactured in Canada and packaged before October 1, 2022:



If the stamp duty strip is affixed to the electronic cigarette products before October 1, 2022, the tariff will be levied on the electronic cigarette products and paid on October 1, 2022

If stamp duty strips are affixed to electronic cigarette products on or after October 1, 2022, tariffs will be levied on electronic cigarette products and paid when the stamp duty strips are affixed to electronic cigarette products.

If the packaged electronic cigarette products are imported into Canada before October 1, 2022, and the tax strips have been affixed when reporting according to the Customs Act, the customs duties shall be levied and paid at the time of import and paid to CBSA.



Requirements for tax stickers of electronic cigarette products

Electronic cigarette products manufactured in Canada and packaged on or after October 1, 2022 must be affixed with an electronic cigarette excise tax coupon.



The packaged electronic cigarette products imported on or after October 1, 2022 must be affixed with the electronic cigarette consumption tax coupon.



Holding electronic cigarette products without consumption tax coupon

Before October 1, 2022 (inclusive), it is allowed to hold the electronic cigarette products manufactured in Canada and packaged before October 1, 2022.



Packaged electronic cigarette products that are imported into Canada before October 1, 2022 without tax labels are allowed to be held before December 31, 2022 (inclusive).


From January 1, 2023, unless expressly permitted by the Act, no person shall own packaged electronic cigarette products without stamp duty strips.

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