Is a percentage of the gross sales of general provincial distributors a tax on gross sales?

Saskatchewan, Canada


The following excerpt is from Massey-Ferguson Industries Ltd. et al. v. Saskatchewan, Province Of, 1980 CanLII 2128 (SK CA):

It appears the learned trial judge came to the conclusion that the levy, measured by a percentage of the gross sales of the general provincial distributors, was a tax on gross sales and, therefore, under the judgment of King v. Caledonian Collieries Ltd., 1928 CanLII 360 (UK JCPC), [1928] A.C. 358, was an indirect tax.

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