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

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

JustFor.fans Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of fan site JustFor.fans in a case against a website using an infringing domain.

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

FSC Hails Members, Allies in SCREEN Act Victory

The Free Speech Coalition (FSC) released a statement today praising its members and allies after a successful lobbying effort to prevent the SCREEN Act, a nationwide age verification bill, from advancing out of the Commerce Committee for a full vote on the Senate floor.

SCREEN Act Stalls in Senate Committee Over Technicality

The Senate Commerce Committee on Wednesday voted to approve the SCREEN Act, which would mandate nationwide site-based age verification of users seeking to access adult content online, but a procedural issue blocked the bill from advancing to the full Senate.

SCREEN Act Back in Play: Federal AV Bill Faces Senate Hearing

The U.S. Senate Committee on Commerce, Science, and Transportation has slated a markup session this week for the SCREEN Act, which would mandate site-based age verification of users accessing adult content online on a national level.

Arcom Targets 31 Adult Sites Over Age Verification

French media regulator Arcom on Wednesday announced that it is taking action against 31 adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

New 'PROTECT Act' Would Make North Carolina Rules for Adult Sites Federal Law

Senator Mike Lee of Utah on Thursday introduced legislation that would impose strict new federal rules on adult sites and platforms, strongly echoing similar regulations imposed last year in North Carolina.

Dutch Police Raid Servers Hosting 'Motherless' Website

A Dutch National Police Corps cybercrime team on Tuesday conducted raids on hosting companies in three cities, seizing servers owned or used by controversial adult website Motherless, as part of an investigation into possible illegal content.

Show More