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benny
Platinum Boarder
Re:Bike registration and licensing info - 2015/02/19 10:28
I recently asked the Provincial Tax Man the following question and have included there answer here FYI.
Hello, I have a hypothetical question on the PST implications on ORV's, The answer I require is timely as Provincial legislation( ORV licensing and registration) becomes mandatory June1-2015. I am asking this question on behalf of my local motorcycle club, and need to provide information at an upcoming meeting. Thanks for your prompt reply.
The scenario-
I purchased a used 2008 GasGas 280 Raga Pro( Trials motorcycle) July -2013 from an acquaintance with a hand shake for 3500$, the transaction involved no paper receipt and the bike has never been registered ( typical scenario across the province), Later I decide to gift the bike to my immediate relative January- 2015 and will provide a hand written receipt( standard contract law format) showing the change of ownership and fair market value at the time of transaction to be 1000$ ( the bike has been used hard in competition in the meantime, seriously depreciating it ). Now the relative has to comply with legislation to pay PST and license and register the ORV.
Will self assessement satisfy the requirements of the tax authourity for ownership and fair market value of this ORV?What are the other tax/ownership implications in this case for the individuals involved?
We (tax Man) can provide information to both of your questions. If you have further follow-up questions, please let us know.
There first answer was just generic reference info. so I followed with;
Thanks for your prompt reply. What is not clear is whether there would be any implications for the donor of the non taxed gift? I take it that the Province only wants to collect tax on the value of the final transaction, and that there is no liability to the donor?
Also the question of proof of ownership does not seem to enter into the matter in the example provided. Does that mean its not the tax dept's concern and its simply the tax on transaction that matters and proof of ownership will need to be proved to ICBC upon registration?
FYI I have read 2013-011 and many of the links provided in that document
( my question repeated in there response)
1) What is not clear is whether there would be any implications for the donor of the non taxed gift? I take it that the Province only wants to collect tax on the value of the final transaction, and that there is no liability to the donor?
Tax Man answer There will be no implications for the donor in this scenario. Only the person registering the ORV is required to pay the PST on the transaction.
Question 2 2) Does that mean its not the tax dept's concern and its simply the tax on transaction that matters and proof of ownership will need to be proved to ICBC upon registration?
Answer 2 Yes, the Insurance Corporation of British Columbia will only collect PST from the person registering the ORV. If the person registering the ORV has an invoice or gift letter from the previous owner, please provide this with your registration for proof of ownership purposes. In absence of an invoice or letter, ICBC may request that the person registering the vehicle sign a Statutory Declaration confirming that the person registering the ORV is the legal owner of the ORV.
This correspondence describes how the Ministry interprets the relevant tax provisions for information purposes only. This response may be impacted by variations in circumstance, subsequent changes to legislation or subsequent court decisions. The Ministry is not responsible for updating this response if there are any subsequent changes to the law. This response is provided as an aid to understanding the legislation and is not intended to replace the legislation.
