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

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

France Weighs Ban on Purchase of 'Remote' Sexual Services

The French National Assembly is considering a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

FSC Case Against Tennessee AV Law Can Go Forward, Court Rules

A U.S. district court on Tuesday denied the Tennessee attorney general’s motion to dismiss a Free Speech Coalition lawsuit challenging the Protect Tennessee Minors Act.

California Legislature Passes Stricter UGC Rules for Adult Sites

A bill to impose tighter compliance standards for user-generated content (UGC) on adult websites has been approved by the California state legislature and now awaits the governor’s signature.

California, Florida Reps File Latest Bill to Repeal Section 230

Two members of Congress on Thursday introduced new legislation to repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Second Bill Proposed to Shield US Sites From 'Foreign Censorship'

For the second time in recent weeks, a Republican congressman has introduced legislation to bar U.S. courts from helping to enforce foreign laws restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

Ukrainian Legislators Revive Porn Decriminalization Push

The Verkhovna Rada, Ukraine’s parliament, is once again considering a bill that would decriminalize the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

Ofcom Fines XGroovy $986,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 700,000 pounds (about $986,000) against adult website XGroovy for failing to comply with provisions of the Online Safety Act.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Show More