Canada, British Columbia... yes, it seems you can transfer/sell

Steven

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Apr 9, 2016
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212
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Kelowna, BC Canada
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#1
2+ years ago I put down two Day 1 reservations. I never intended on getting two Model 3's... I just put down the deposits because it let me. After buying my S, I never really intended on even buying 1. But I kept the reservations... just because. As time went on, I started to gather quite a list of friends and acquaintances who wouldn't mind hopping the queue. I once posted for people's thoughts on how it would work. The common answer to "can I transfer or resell?" was "no". The quick (and really irrelevant) point was "Tesla doesn't allow it". Well, we live in a land of laws where vaguely worded corporate policies are often not worth any consideration at all. A more important point was one of taxes. The supposition goes that I would have to buy it (as per Tesla's policy) and pay 5% GST + 7% PST (+ whatever luxury tax applies, which is an additional PST)... and then when I "sold" the car - even with no profit - as a "used" car in BC, the buyer would then pay 0% GST + 12% PST (+ luxury). In other words, collectively we'd be paying 2x the tax. If the car were $70k then I'd have to charge the buyer over $10k extra just for me to break even!

Well, it turns out that's all bunk. Many moons ago, I wrote a detailed email to our province's taxation branch asking for clarification. Today I finally got a response. They directed me to a portion of the Tax Act, which is as follows:

section 124 of the Provincial Sales Tax Exemption and Refund Regulation (PSTERR) provides a refund in the following circumstances:
Resold motor vehicle
124 (1) If the director is satisfied
(a) that a person purchased a motor vehicle at a sale in British Columbia and paid tax under Part 3 of the Act on the purchase, and
(b) that, within 7 days after the date on which the motor vehicle was purchased or the date on which the person took possession of the motor vehicle, whichever is later, the motor vehicle was sold to another person,
the director must refund to the person referred to in paragraph (a) of this subsection the amount of tax paid referred to in that paragraph.

So clearly said double tax can be avoided... so long as we've got our ducks in a row and get it done quickly. Furthermore, there's no mention of profit. It would seem I could resell it at a premium and that wouldn't be an issue. I would get MY tax back, and the buyer would pay their tax instead. (of course, a premium would likely be done "under the table" anyway).

I suppose one could take that concept further. There's also no mention of a discount! If one wants to walk the fine lines of the law (and honestly), one could sell the car at a discount, still get their full tax refunded with the new purchaser paying a lesser tax. Stick it to the man, so to speak. But that's a different discussion entirely.