Taxing Times: Canada’s Digital Dilemma

By: Ava Cleghorn

On June 28, 2024, Bill C-59 or the Digital Services Tax Act (DSTA) came into effect. This act imposes a 3 percent tax on certain digital services revenues earned by digital firms in Canada. The DTSA applies to domestic and foreign companies with a global income of over $1.1 billion and will have revenues of over $20 million taxed. Notably, the tax applies retroactively to in-scope revenues earned since January 1, 2022. Though originally proposed in 2019, the implementation was delayed until 2024 as Canada pursued multilateral negotiations about the taxation of multinational digital companies through the OECD. However, after a failure to reach a deal with other OECD countries, the government enacted the DSTA through an Order in Council on June 28, 2024. Though meant to bring in billions of dollars to boost the economy, the Digital Service Tax (DST) will harm Canadian consumers and businesses. 

Canada’s decision to implement the DSTA results from the federal government’s commitment to enact a DST in the absence of an international agreement on Pillar One of the OECD/G20’s two-pillar tax reform plan. This choice aligns Canada with Austria, France, India, and the United Kingdom—a group of countries that approached DST unilaterally. However, this move has faced significant opposition from impacted businesses and industry groups, many of which are American. 

Shortly after the DSTA was put into action, the American Chamber of Commerce in Canada and the U.S. Chamber of Commerce issued statements strongly opposing the act. David Cohen, U.S. Ambassador to Canada, labelled the tax “discriminatory.” He emphasized that the U.S. Trade Representative is assessing all available tools to address the unilateral measure, which is seen as disproportionately harming American companies and workers. The U.S. believes Canada’s DST undermines their obligations under the U.S.-Mexico-Canada trade deal (USMCA) and the World Trade Organization. Consequently, the House of Representatives Ways and Means Committee has vowed to work with the White House on trade sanctions targeting Canada.

What this means is that this tax will not only impact the U.S. but also raise prices for everyone.

Experts anticipate that the tax will be passed on to consumers, potentially increasing prices for various digital services. Canadian users of marketplace and food delivery services, as well as streaming services like Amazon Prime Video, and Disney+, may face higher fees. This increase in prices could exacerbate the already rising cost of living in Canada. Furthermore, the tax is expected to strain Canada and the United States trade relationship, as many of the affected companies are American. Beyond its short-term objectives, the DST may have broader economic effects that influence consumer behaviour and the dynamics of global trade. 

Canadian businesses are likely to bear a significant portion of the DST burden, as it targets revenues rather than profits. This means that when Canadian companies use digital platforms like Instagram or LinkedIn for advertising, they may face increased costs. Due to the price elasticity of demand, these platforms are likely to pass on the tax to their customers rather than absorbing it themselves. Canadian businesses using these services could see their advertising expenses rise, impacting their competitiveness and ability to grow. 

Additionally, the retroactive nature of the DST leaves additional challenges for Canadian businesses. The tax applies to transactions going back to 2022, meaning companies must allocate significant resources to develop systems capable of capturing past and future data on specific revenue streams. This application creates an administrative burden for affected businesses. Undeniably, regardless of whether they come through increased fees or reduced availability of services, the DST puts an unfair burden on Canadians. 

Deputy Prime Minister, Chrystia Freeland, defends the implementation of the DSTA as a necessary step to ensure fair taxation in a global economy that continues to be transformed by digital advancements. Under previous tax codes, companies like Alphabet, Amazon, Facebook, and Meta were able to avoid paying certain taxes because they were not based in the countries where they operated. The DST aims to modernize Canada’s tax code by capturing revenues earned in Canada by multinational firms. Freeland argues that Canada is entitled to pursue taxation given the lack of a multilateral agreement among OECD members, following actions taken by European countries like France that did not experience retaliation from the United States. Despite potential trade tensions, Freeland is certain that Canada and the United States can agree on a mutually beneficial outcome. 

While other countries such as Hungary and France have enacted similar tax laws, Canada’s situation is unique due to its deep economic ties with America. Canada heavily depends on U.S. trade; around 75 percent of exports and 56 percent of imports come from its neighbour. In contrast, Hungary’s trade with the United States represents a minor portion of its overall trade. When France introduced its GAFA (Google, Apple, Facebook, Amazon) tax, it caused price hikes for French consumers of up to 3 percent. Given Canada’s extensive cross-border trade, the unilateral approach to DST could have far-reaching effects. Nearly every Canadian business and consumer relies on free import and export of goods across the border. This may not be possible without a multilateral approach to digital taxation. Instead of protecting Canadian citizens and businesses, the act has unintentionally harmed them. Maintaining this one-sided strategy could make trade disputes and economic difficulties worse.

Canada must address the impacts of technological innovation on global governance and taxation. However, this should not be done in a way that harms the country’s economy and trade relations. While the DST may generate significant revenue for the government, the costs will ultimately be burdened by Canadian citizens and businesses rather than the multinational businesses the tax targets. If Canada hopes to maintain a strong relationship with America, it must find another solution to this tax issue. The best way to do this is to scrap the DST and move forward with OCED’s multilateral approach. This is the most viable path to achieving a situation that benefits all parties involved.