Documentary requirements for input tax credits
Documentary requirements for input tax credits are the evidence a GST/HST registrant must hold before filing the return that claims a credit. Paragraph 169(4)(a) of the Excise Tax Act calls for sufficient evidence containing information that will enable the credit to be determined, including any prescribed information, subject to exemptions under subsection 169(5).
A buyer meets this when checking the target’s GST/HST credit claims. The test is about records: subsection 169(4) looks at the evidence the registrant had obtained before filing the return in which the credit is claimed.
What the Act and the Regulations say
- Subsection 169(4) says a registrant may not claim a credit for a reporting period unless, before filing the return in which it is claimed, the conditions in paragraphs (a) and (b) are met.
- Paragraph (a) is sufficient evidence, in such form containing such information as will enable the credit to be determined, including any prescribed information.
- The Input Tax Credit Information (GST/HST) Regulations prescribe that information in section 3. They define supporting documentation to include an invoice, a receipt, a credit-card receipt and a written contract or agreement.
- Under subsection 169(5) the Minister may exempt registrants from subsection (4) requirements for a supply when satisfied that sufficient records are available.
What to ask
Ask to see the supporting documents behind a sample of the credits, and read section 3 of the Regulations for what each claim needs. For the wider check, see how to check HST compliance when buying a business and the entry on the input tax credit.
Sources
This definition is checked against primary sources. Links were last confirmed on the dates shown.
- 01Government of Canada (Department of Justice)GovernmentExcise Tax Act, R.S.C. 1985, c. E-15
- 02Government of Canada (Department of Justice)GovernmentInput Tax Credit Information (GST/HST) Regulations (SOR/91-45)
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