Glossary for real property contractors (PST)

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

X

Y

Z

A

Acquire: To purchase in B.C., to bring or send into B.C. or receive in B.C.

Affixed machinery: Affixed machinery is machinery, equipment or apparatus that is:

• Used directly in the manufacture, production, processing, storage, handling, packaging, display, transportation, transmission or distribution of goods, or in the provision of software or a service, and
• Is affixed to, or installed in, a building, a structure or land so that it becomes part of real property

For the purpose of PST, affixed machinery that is already installed is considered tangible personal property (goods).

See also: Exclusions from the definition of affixed machinery.

B

Band: For the purpose of PST, band has the same meaning as in section 2 of the Indian Act (Canada).

Band-empowered entity: A band-empowered entity is a corporation, board, council, association, society, or other organization that is owned or controlled by a band, a tribal council, or a group of bands other than a tribal council.

C

Contract: A contract is an agreement under which goods are supplied and affixed or installed so that they become part of real property (i.e. land and buildings).

Contractor: You are a contractor if you supply and affix, or install, goods that become part of real property. This includes contractors and subcontractors in the construction industry, and other businesses, who:

• Supply goods with installation services if the goods become part of real property upon installation
• Supply goods and arrange for a third party (i.e. a subcontractor or labourer) to install those goods on their behalf if the goods become part of real property upon installation
• Supply goods as part of providing a service to real property if the goods become part of real property during that service (e.g. painters, landscapers)

E

Excluded machinery, equipment and apparatus: Machinery, equipment or apparatus that is excluded from the definition of affixed machinery, and is considered an improvement to real property. It includes:

• Machinery, equipment or apparatus that is affixed to, or installed in, a building, a structure or land for the purpose of:
  • Heating, air conditioning, or lighting a building or structure
  • Sewage disposal for a building or structure
  • Lifting persons or freight within a building or structure by elevator or escalator
• Machinery, equipment or apparatus that:
  • Is of such a size that it must be constructed on the site where it is to be used
  • By its nature or design, would normally be expected to remain, for its useful life, on the site at which it is constructed
  • Does not run on rails or tracks, or does not otherwise move around on or from the site at which it is constructed
  • Cannot be moved from the site at which it is constructed without dismantling the machinery, equipment or apparatus, or dismantling or causing substantial damage to the building or structure to which it is affixed or where it is installed

F

Fair market value: Normally the highest price, expressed in dollars, that property would bring in an open and unrestricted market, between a willing buyer and a willing seller who are both knowledgeable, informed, and prudent, and who are acting independently of each other.

First Nations individual: For the purpose of PST, a First Nations individual is an individual who qualifies for the section 87 tax exemption under the Indian Act (Canada) or an equivalent provision in a treaty Final Agreement.

First Nations land: For the purpose of PST, First Nations land means reserve land, shíshálh Lands, Westbank Lands, former reserve land within Treaty Lands, and former reserve land within Nisga’a Lands.  

G

Goods: Goods are personal property that you can see, weigh, measure or touch, or that are in any way perceptible to the senses.

Goods for resale: Goods for resale are goods that are sold or leased directly to your customers without installation, where no other use is made of the goods except their storage and display for availability for sale. 

O

Obtain: To purchase or lease in B.C., to bring or send into B.C. or receive in B.C.

R

Real property: Real property is land and anything attached to the land so that it becomes part of real property after installation (i.e. ceases to be personal property at common law).

This would normally include buildings, structures, and things, such as machinery or equipment, that are attached to the land (or attached to buildings or structures) by some means other than their own weight.

For more detailed information about the definition of real property and what kinds of goods can become real property, see Defining real property.

Related services: Related services are services to goods or services provided to install goods. Related services provided in B.C. are subject to PST at a rate of 7%, unless a specific exemption applies. 

Related services do not include:

• Services provided to install goods that will become affixed machinery or an improvement to real property on installation
• Services provided by a person to the person’s employer in the course of their employment, such as the repair of a company truck by a company employee
• Services to manufacture goods that are fundamentally different from the goods from which they were manufactured, such as producing new pieces of jewelry from materials (e.g. coins) supplied by a customer
• Services provided to software, including installation

Retail sale: A retail sale means:

• In relation to tangible personal property (goods), a sale of tangible personal property to a purchaser for purposes of use or consumption and not for resale
• In relation to software, a sale of software to a purchaser for purposes of use or benefit and not for resale
• In relation to a taxable service (i.e. a related service, accommodation, legal service or telecommunication service), a sale of the taxable service to a purchaser for purposes of use or benefit and not for resale

T

Taxable goods: Taxable goods are any goods you use in your business such as:

• Advertising materials, flyers and brochures
• Energy for heat and light (except electricity)
• Equipment you use to perform your services, such as tools, computers, vehicles and cleaning supplies
• Items you purchase to give away or sell as promotions
• Non-exempt building materials
• Shelving and display equipment
• Stationery, furniture and office equipment

You must pay PST on the purchase or lease of new or used taxable goods you acquire to fulfil a contract. For more information, see Paying PST on the purchase of goods used in contracts.