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| BC Court To Decide On HST |
by Mike Godfrey, Tax-News.com, Washington
Thursday, August 19, 2010
A Canadian court is hearing arguments over the legitimacy of the recently introduced
harmonized sales tax (HST) in the province of British Columbia.
Despite having succeeded in mustering 700,000 signatures from British Columbian
taxpayers, former BC Premier Bill Vander Zalm’s campaign to force a repeal
of the HST in the province must wait until a court decides whether Vander Zalm's
FightHST campaign now has the right to force a vote on the tax in the provincial
legislature or a referendum.
Vander Zalm has argued that the adoption of the HST Bill, solely by the Cabinet,
was unconstitutional because it should have been voted on in the provincial
assembly. While a bill to repeal the provincial sales tax was approved by BC
lawmakers, the legislature did not hold a vote on whether to approve the HST.
According to the Canadian Initiative Act, as cited by Vander Zalm, a successful
initiative petition should result in the petition bill being sent to a Standing
Committee of the Legislature who may submit it to the Legislature for a vote,
or send it back to the Chief Electoral Officer with instructions to conduct
a non-binding, province wide Initiative Vote.
However, business groups are opposing the initiative in court, arguing that
repealing the HST would cause further uncertainty for businesses of all sizes
in the province.
The HST took effect in British Columbia on July 1, amalgamating the Provincial
Sales Tax (PST) and the Goods and Services Tax (GST) into a single 12% tax.
The tax is controversial as it introduces tax on a number of items which were
exempt from PST previously.
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