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GST on Food & Drinks: Navigating the Fine Line Between Zero-Rated and Taxable Products

  • Most food and beverages for human consumption in Canada are zero-rated for GST, with specific exceptions.
  • Recent Tax Court decisions are applying a more restrictive approach, questioning whether products qualify as “food” or “beverage” before considering exceptions.
  • Earlier jurisprudence took a broader, policy-based view, generally zero-rating all consumables unless explicitly excluded.
  • Recent cases focus on packaging, labeling, and presentation to determine GST status, sometimes resulting in more products being taxable.
  • Businesses, especially in the nutritional sector, should seek legal advice due to these evolving interpretations.

Source: taxandtradelaw.com

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.



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