06.03.2014 Views

VAT Guide to Value Added Tax - sri lanka inland revenue ...

VAT Guide to Value Added Tax - sri lanka inland revenue ...

VAT Guide to Value Added Tax - sri lanka inland revenue ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

23.5. Invoicing in <strong>VAT</strong> period for work done in GST period<br />

i. As stated above (23.2) the “time of supply” is the time at which a claim for a<br />

progress payment is made. Thus if a progress payment claim is made during<br />

<strong>VAT</strong> period in respect of work done in GST period a <strong>VAT</strong> invoice should be<br />

issued. However if the entire construction was completed before 31.07.2002 and<br />

the claim is made within 14 days as provided in the GST Act a GST invoice<br />

should be issued.<br />

ii. In the case of progress payments where the claim is made in <strong>VAT</strong> period for the<br />

work done in GST period question will arise if the <strong>VAT</strong> rate is higher than the<br />

GST rate while the contract agreement is non-reviewable. If the <strong>to</strong>tal<br />

consideration (including tax) cannot be changed in terms of the contract<br />

agreement and other laws governing contracts then the amount payable can be<br />

treated as <strong>VAT</strong> inclusive. <strong>VAT</strong> component can be computed by applying the tax<br />

fraction.<br />

23.6 Cash Basis<br />

Contrac<strong>to</strong>rs can obtain approval from the CGIR under Sec. 23 of the <strong>VAT</strong> Act <strong>to</strong> declare<br />

“output tax” and “Input tax” in their <strong>VAT</strong> returns on cash basis. In such cases where GST<br />

charged is received during <strong>VAT</strong> period and in the first category of cases referred <strong>to</strong> in<br />

para 23.5(i) where GST charged have <strong>to</strong> be declared as output tax in <strong>VAT</strong> returns the<br />

(12.5% GST) tax should be declared in 20% tax cage, i.e Box 1 of the <strong>VAT</strong> Return. Then<br />

the “value of supply” which should be declared in Box A should be adjusted in such a way<br />

that 20% of the value in Box A = Output tax declared. Thus in such cases the “adjusted<br />

value of supply” that should be declared in Box A is equal <strong>to</strong> tax multiply by five.<br />

23.7 Tenders<br />

In case of the tenders (both construction contracts and supply contracts) the tenderer<br />

should indicate the <strong>VAT</strong> due on the contract as a separate item. In evaluating the<br />

contract the <strong>VAT</strong> component may be ignored but keeping in mind that if the contract is<br />

awarded <strong>to</strong> a <strong>VAT</strong> registered person <strong>VAT</strong> has <strong>to</strong> be paid in addition <strong>to</strong> the agreed value.<br />

Even though the contrac<strong>to</strong>r may not be a registered person at the time of awarding the<br />

contract, he may subsequently be compelled <strong>to</strong> obtain registration. Thus all Ministries,<br />

Government Departments, Corporations and statu<strong>to</strong>ry bodies, Provincial Councils and<br />

Local Government Institutions, should make a note of the fact that their suppliers should<br />

be considered as registered for <strong>VAT</strong> if the amount payable under a contract within one<br />

year exceeds Rs.1.8 million or amount payable within 3 months exceeds Rs.500,000/-<br />

121

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!