Canadian Court: Websites Must Collect Taxes From Nonresidents

OTTAWA, Canada — A federal appeals court has ruled against adult entertainment website Dawn’s Place, saying that Canadian websites must collect a 6 percent goods and services tax on sales generated from nonresidents.

The decision came after Dawn’s Place appealed a tax assessment for failure to collect Canada’s 6 percent GST. A lower tax court ruled in favor of the adult website, but the company was unable to persuade the appellate court that site’s dealing in digital media — Dawn’s Place sells picture and video downloads via a $19.95 monthly membership — are exempt from collecting the tax.

“Perhaps in a fit of pique over its inability to tax Canadians' consumption of digital pornography the Crown appealed the decision,” a spokesman for the Canadian Association of Internet Providers said. “It highlights the government's narrow view of the scope of the zero-rating rule, but, more importantly, it undercuts the basic principle of the tax.”

Ariane Boyer, a spokeswoman for the Canada Revenue Agency said the law governing collection of GST was quite clear.

“The Excise Tax Act does not provide an exemption for GST or HST for subscription fees for access to information on a server to Canada — even when the subscriber is physically located outside of Canada,” she said.

Dawn’s Place may appeal the court’s decision to Canada’s Supreme Court.

In the meantime, CAIP, a national trade group for website operators, has told its members to review their billing practices related to GST collection. The group called the court’s ruling a “very unhappy situation.”

“Unlike many vendors who can collect GST later if they missed it, websites are most probably unable to correct the past, and will face exposure to assessment for the past four years on their transactions with non-residents,” the spokesman for CAIP said, adding that the ruling puts Canadian websites at a competitive disadvantage.

Canadian tax attorney Jonathan Spencer said it is very difficult for websites to determine the residential status of their users. He added that the court’s decision was troubling because Canadian law removes the tax from goods that are deemed copyrighted material. However, there is no specific provision in Canadian tax law extending the copyright exemption to digital media.

According to Spencer, there had been an assumption that the copyright exemption applied to digital media. The court’s ruling calls that into question, he said.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Show More