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VAT

meyer cohn Taxation CTA 2 English

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VAT

  1. Output (s.7(1)(a))

    • Person carrying on an enterprise
      • No
        • Final consumer
      • Yes
        • Supply of goods/services
          • Exempt supplies (s.12 & s.2)
            • No output tax levied
            • 1. Financial services; 2. Accommodation; 3. transport of fare-paying passengers
          • Taxable supplies (s.1 & s.7)
            • Zero-rated supplies(0%) (s.11)
              • Export of movable goods
                • Direct=supplier exports
                • Indirect= recipient exports
              • Export of services
              • Sale of going concern (criteria: both must be vendors)
            • Standard rated supplies(14%) (s.7(1)(a))
          • Deemed supplies (s.8 & s.18(3))
            • Ceasing to be a vendor: 1. Output tax payable on goods & rights owned by person also on outstanding balances owing to suppliers; 2. Value = Lesser of Cost and open-market value.
            • Indemnity payments
              • Total reinstatement of goods where Input tax denied = no supply
                • Repair of goods denied input tax = deemed supply at std
              • Replaces goods= insured not deemed to make a supply
    • Time & value of supplies (s.9 &s.10)
      • Time
        • Invoice basis: Earlier of -date of invoice issued; OR time of pmt
        • Payment basis: time of pmt
      • Value
        • Consideration = value + VAT
          • Consideration: >in money=money value;; >not money= open-market value
      • Connected persons: value= open-market value
    • Adjustments (s.18(1), (2),18A, 18B & 22(2)-(3A))
  2. Input (s.17)

    • Was a vendor charged with VAT on supply of G/S by supplier? (s.1)
      • No
        • No input tax claim
      • Yes
        • Will G/S be consumed , used or supplied in course of making taxable supplies? (s.17(1))
          • No
          • Yes
            • Is deduction of input tax denied? (s.17(2))
              • Yes
              • No
                • Proposed consumption, use or supply 100% in course of making taxable supplies? (s.17(1))
                  • Yes
                    • Claim full input tax
                  • No
                    • Determine portion of use in course of making taxable supplies
                      • Intended use >95%
                        • Yes
                        • No
                          • Apportion & claim only amount of input tax that relates to intended use
  3. Fixed property transactions where transfer duty payable

    • Should supplier charge VAT?/ Is supplier a vendor?
      • Yes
      • No
        • Transfer duty payable by purchaser based on purchase price
          • Is purchaser registered vendor?
            • Yes
              • Purchaser use property wholly/partially for taxable supplies?
                • No
                  • May not claim Input tax
                • Yes
                  • > Notional input tax(NIT) not limited to transfer duty; >Time = earlier of pmt / property registration; NIT only claimable to extent pmt is made
            • No
  4. Adjustments

    • Due to change in use (s.18)
    • Irrecoverable debts (s.22)

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Summary of VAT
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meyer cohn
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