COMPUTER HARDWARE & SOFTWARE & HIGH TECH 






 

MILLAR KREKLEWETZ LLP has significant experience and expertise in the Computer Hardware and Software and High Tech Industries, with our core practice encompassing all commodity tax, customs and trade issues facing the Computer and High Tech Industries in Canada .

Core Areas of Practice

Our core practice areas as they relate to the Computer Hardware and Software and High Tech Industries includes as follows:

  Customs & Trade

   GST & Sales Tax

   Other

§    Tariff Classification

§   GST Compliance for Non-Residents

§   Employee vs. Independent Contractor Issues

§   Customs Valuation (Including Value for Duty of Computer Software)

§   Application of GST & PST to Computer Software and Computer Service

§   Business Visitor Rules (Re: After Sales Support)

§  Customs Considerations Re: Royalty and Licence Fees

§   GST Issues Regarding E-Commerce  

§   Tax & Customs Considerations in Establishing a Business in Canada

§    Customs Origin  

§   Application of Division IV GST to Imported Services and Intangible Personal Property

§   Transfer Pricing

§    Customs Import and Export Requirements

§   Application of GST to Imported and Exported Services and Intangible Personal Property

§   Related Litigation

§    AMPS Assessments

§   Advice Re: Structuring Agreements for the Acquisition of High Tech Goods & Services

 

§    Ascertained Forfeitures & Seizures

§   Application of PST to Computer Maintenance and Warranty Contracts

 

§    Customs Correction Obligations

§  Application of GST and PST to Computer Software Licencing Agreements

 

§    Import/.Export Verification Reviews

§  GST Considerations Re: Outsourcing Agreements 

 

§   Voluntary Disclosures

 §   GST Dropt Shipment Rules

 

§   NAFTA Verifications

 §   GST and PST Voluntary Disclosures

 

§   CBSA Verifications and Audits

 

 

§   World Trade Organization (WTO) Matters

 

 

 

 


 

Recent Achievements

While not exhaustive of our work in the Computer Hardware and Software and High Tech Industries, some Recent Achievements of MILLAR KREKLEWETZ LLP in this Industry are as follows

      Application of PST to Computer Software and Services.   MILLAR KREKLEWETZ LLP has extensive knowledge and experience regarding the various provincial rules relating to the application of PST to computer software and related services. MILLAR KREKLEWETZ LLP is currently involved in an Ontario retail sales tax appeal involving the application of Ontario retail sales tax to computer replacement parts and warranty and maintenance services.

      Lease Termination Payments.   MILLAR KREKLEWETZ LLP successfully appealed an Ontario retail sales tax assessment to the Ontario Court of Appeal which held that lease termination payments made in respect of leased computer equipment were not subject to retail sales tax.

      Structuring Agreements.   MILLAR KREKLEWETZ LLP  has extensive knowledge and experience in advising and structuring agreements for the acquisition of high tech goods and services.

      Customs and NAFTA Verification.    MILLAR KREKLEWETZ LLP has advised a number of high tech companies that have come under audit by Canada Customs for customs and NAFTA Origin compliance.

 

 


 

Litigation

MILLAR KREKLEWETZ LLP also undertakes Tax & Trade Litigation before all relevant bodies, tribunals and courts affecting the Computer and High Tech Industries, including before the Canadian International Trade Tribunal, the Tax Court of Canada, the Federal Court, the Federal Court of Appeal, and Canada’s various provincial Superior Courts, and Courts of Appeal, and provides a full range of Planning and Representation services in all of the above areas as well.

 

 


 

Client Base

Our Broad Client List includes many blue chip corporate clients, who are national and international leaders in high tech industry, and we continue to work on Canadian specific issues related to the Canadian and American Computer and High Tech Industries.

 


   

Thinking about Establishing 

a Computer or High Tech  Business in Canada ?

 

MILLAR KREKLEWETZ LLP provides comprehensive full service assistance for non-resident businesses establishing operations in Canada , including the following additional specialized advice:

          ●   Advice and direction as to the Business Structure appropriate for Canadian operations

          ●   Business Incorporation and Corporate and Trade Name Registrations

          ●   Basic Corporate & Income Tax Planning Advice

          ●   Basic GST & Sales Tax Planning Advice

          ●   Basic Customs & Trade Planning

          ●   Provincial Registration & Licensing

          ●   Advice on Canadian Privacy Legislation – including Development of Corporate Privacy Policy

 

Hard Name.  Simple Solution.    TM


Copyright © Millar Kreklewetz LLP

 

 

 

 


                


                

  
  
  

 

Hard Name.  Simple Solution. TM