Digital services & the marketplace rules — what should I check first?

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Answer

The rules distinguish supplies to registered businesses from supplies to consumers, and they assign responsibility between the vendor and the platform operator. One question decides whether this is a filing or a project.

What to check first

The rules distinguish supplies to registered businesses from supplies to consumers, and they assign responsibility between the vendor and the platform operator. Determining the customer's status and location is the compliance work.

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The exception that catches people

Digital supply rules moved the obligation to the seller or the platform rather than the buyer, which means a foreign business can owe Canadian tax on a subscription sold from another continent.

Digital services & the marketplace rules — what should I check first?
ItemAmount
Total salesC$1,011,000
Markets sold into7
Sales in the largest marketC$454,950
Assumed registration test thereC$61,000
Registration required in that market?Yes

One market crosses its own test, so registration and collection start there on the trigger date — and the other 6 markets are tested separately, on their own rules. Registering in one does nothing for the next.

Illustrative figures, not a client engagement: the amounts are chosen to make the mechanism legible, and the rates and thresholds are assumptions stated for the example only. We confirm every one of them against the issuing authority for your own tax year before anything is filed.

Where to go from here

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Digital services & the marketplace rules. Describe the situation in your own words; translating it into forms is our job.

Reviewed for accuracy for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. This is general information rather than advice about your file — a short call is the way to get the second.

Where international tax rules comes into this file

The search that brings most people to this page is international tax rules. It is answered here for digital services & the marketplace rules: what creates the obligation, which filings discharge it, and the fee agreed before the work starts.

What these engagements turn on

Case study 1

Deciding whether the platform or the vendor collects the tax

A software vendor sold the same product through its own checkout and through a large marketplace, and had been charging tax on both channels. We read what the operator had published about the supplies it accounts for, set that against the vendor's contract and the supplies actually made through the channel, and identified where responsibility sat in each case. The engagement produced a channel-by-channel statement of who collects, a correction for the channel where tax had been charged twice over, and the customer communications that went with it. The conclusion sits in the file alongside the operator's terms as they stood on that date.

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Case study 2

Evidencing customer status across a self-serve subscription base

A subscription business allowed customers to select a business account at checkout with no verification, so its ledger showed a business population that could not be relied on. We defined what must be collected where business status is claimed, specified the verification step in the form the authority expects, and set out the treatment that follows each outcome. The engagement produced the checkout specification, a remediation pass across the existing base to confirm or reclassify every claimed business customer, and a corrected treatment for the sales where the claimed status had not held up.

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Case study 3

Building location evidence into a billing system's checkout

A vendor determined a customer's country from whichever field happened to be populated, so the same customer could be treated differently in consecutive months. We set a defined hierarchy of indicators — billing address, payment provider data, instrument country, network address, declared country — applied in a fixed order, with the indicator relied on stored against each transaction. The engagement produced the hierarchy as a written rule, a system specification implementing it, and an exception queue for transactions where the indicators conflict, so those are decided by a person while the record is fresh rather than at year end.

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Case study 4

A gap where both vendor and marketplace assumed the other collected

Neither a vendor nor the marketplace it sold through had charged tax on a population of consumer sales, each having assumed the other was responsible. We established where responsibility actually sat for those supplies, fixed the period and the customers affected, and separated consumers from registered businesses within that population. The engagement produced a documented position on responsibility, a statement of what should have been charged, an approach to the amounts that could no longer be obtained from consumers, and an amended platform agreement that allocates the obligation explicitly from then on.

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Case study 5

Deciding whether a reseller was acting as a platform operator

A vendor sold through a partner that ran its own storefront, took the payment and handled customer support, and nobody had asked whether that partner was a platform operator for these purposes or simply a reseller buying and selling on its own account. The distinction decides who charges the tax. We read the agreement against the commercial reality — who set the price, who contracted with the end customer, who bore the credit risk — and reached a conclusion on the partner's role. The engagement produced a written position, a collection responsibility agreed in the contract, and a treatment for the sales already made.

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Case study 6

A business customer whose registration number would not validate

A customer claiming registered business status gave a number at sign-up that the vendor's system accepted and never checked. When the number failed validation during a later examination, the treatment applied to a run of invoices no longer had support behind it. We checked the number in the form the authority expects, established what the customer's status actually was and from which date, and worked out the treatment that should have applied to each invoice in the period. The engagement produced corrected invoices, a validation step where the number is captured, and a periodic re-check when customer details change.

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Case study 7

Fifteen Per Cent Held Back From a Fee for Services in Canada

A payer must withhold from fees paid to a non-resident for services rendered in Canada, whether or not any tax is ultimately owed. A waiver applied for before the work is invoiced avoids the withholding; after it, the money comes back through a return.

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Case study 8

A Margin Defended With a Benchmarking Set That Fits the Facts

A comparables set is only as good as the screening behind it, and a rejected set takes the margin with it. The study selects the tested party first, screens on function rather than on industry code, and records why each comparable survived.

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All case studies — every published engagement in one place.

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Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

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The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

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A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

Industries & Client Types We Serve Worldwide

Global E-commerce & Marketplaces
Technology & SaaS
Professional Services Firms
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Importers, Exporters & Manufacturers
Athletes, Artists & Entertainers
Remote Workers & Digital Nomads
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Global E-commerce & Marketplaces

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Cross-Border Real Estate

Foreign property income and sales are taxed in both countries by default; Section 216, FIRPTA and treaty credits are the standing toolkit.

Property is taxed where it sits, which is the one rule no treaty overrides. What the treaty does decide is the credit, the rate on the rent and what happens on the sale — and the clearance certificate on a disposition is applied for before closing, not after the buyer has already held the money back.

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Importers, Exporters & Manufacturers

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Athletes, Artists & Entertainers

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Remote Workers & Digital Nomads

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Investment Funds & Holding Companies

  • Treaty access & PPT reviews
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The follow-up questions on Digital services & the marketplace rules

Who charges the tax, me or the app store?

One of you, and the rules assign it rather than leaving it to your contract. Where a supply is made through a platform, responsibility can sit with the platform operator rather than with the vendor whose product it is, and the two positions are not interchangeable. If the operator is responsible and collecting, you must not charge it again. If it is not, the obligation is yours, and the platform's silence is no defence. Read what the operator has published about the supplies it accounts for, set that against the supplies you actually make through it, and record the conclusion. Assuming is how one supply gets taxed twice, or not at all.

How do I know if my customer is a registered business?

You ask, and then you keep what they told you. The rules treat a supply to a registered business differently from a supply to a consumer, so the customer's status is a fact the billing system has to capture at the point of sale rather than a question answered at year end. That means collecting a registration number where business status is claimed, checking it in the form the authority expects, and storing the result with the transaction. A self-serve checkout that offers a business option with no verification hands the customer their own tax outcome and leaves the vendor holding the exposure.

How do I establish where a digital customer is located?

From indicators you collect and keep, since there is nothing physical to point at. Billing address, the address held by the payment provider, the country of the payment instrument, the network address at purchase, a telephone country code and the customer's own declaration are the usual candidates. None is reliable enough alone. The workable approach is a defined hierarchy, applied consistently, with the indicator relied on stored against each transaction. Decide that hierarchy in advance and write it down. A documented rule applied consistently is defensible even where a particular case turns out to be wrong; a judgement made transaction by transaction is not.

Do I owe Canadian tax on a subscription sold from another country?

You can, and that is the change these rules made: the obligation moved to the seller or the platform rather than resting on the buyer. No Canadian entity, office or staff is needed for it to apply. What matters is the nature of the supply, whether the customer is a consumer or a registered business, and where that customer is located. So a subscription billed from another continent to a Canadian consumer can carry Canadian tax that the vendor is responsible for collecting and remitting. Establish your customer mix and their locations before concluding that the rules do not reach you.

Are business customers treated differently from consumer customers?

Yes, and that distinction does most of the work in these rules. Supplies to registered businesses and supplies to consumers are not handled the same way, so the compliance task is largely the task of knowing which of the two you are dealing with, transaction by transaction. That is a systems question more than a tax question. The status has to be captured at sign-up, verified in the manner the authority expects, stored with the sale, and re-checked when a customer's details change. Get the status right and the treatment follows. Get it wrong at scale and the correction becomes a data exercise across every affected sale.

What if the platform and I both assumed the other was collecting?

Then nothing was collected, and both of you have a position to establish. Start by fixing responsibility for the supplies in question under the rules as they apply to those supplies, rather than by reference to what either party assumed. Then work out the period affected, the customers concerned and their status, and what should have been charged. Tax never charged is difficult to obtain from a consumer long afterwards, so the practical question becomes who bears it, which returns you to the platform agreement. Settle the allocation for the future in that agreement, and the past in a documented position.

How do you avoid double taxation?

You claim relief once, in the right country, in the right order. Usually the source country taxes first, the residence country then gives a credit for that tax against its own charge on the same income, and a treaty caps the source-country rate. Getting the order wrong is what produces a double charge you then have to unwind. The mechanism differs by income type, which is why we map the whole position before filing either return. See how to avoid double taxation.

What happens if I have not filed for several years?

Missed years are handled as one package, not one at a time, because the route chosen for the first year determines the relief available for the rest. Each country has a disclosure or relief programme with its own conditions, and entering the right one — before the authority contacts you — is usually what keeps penalties down. Filing quietly outside a programme forfeits that protection. See catching up on missed returns.

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