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 © 2025 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

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

Show More