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Clarifying “Non-Qualifying Activity” in Provincial Sales Tax Exemption: Tolko Industries Ltd. v. British Columbia

  • British Columbia Supreme Court clarified definition of “non-qualifying activity” under PSTERR
  • Issue was whether Steam Pipes at Tolko’s manufacturing site qualified for PST exemption
  • Steam Pipes used to transfer steam from Co-Generation Plant to wood products production plants
  • PSTERR intended to encourage PST exemptions for machinery and equipment
  • Section 101 of PSTERR relieves machinery and equipment from PST under certain conditions
  • Dispute was whether steam met definition of “qualifying TPP” for exemption
  • Core issue was whether steam manufacturing was combined with non-qualifying activity
  • Tolko argued steam production was part of fully integrated manufacturing activities
  • Court clarified that steam production was combined with activities that were not non-qualifying

Source: thor.ca

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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