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

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c. Time of supply in relation <strong>to</strong> supply under Agreements for the provision of<br />

periodic payments (entered in<strong>to</strong> after 01.04.1998 ) other than Hire Purchase<br />

Agreements -<br />

is<br />

* when the payment is due or<br />

* when the payment is received<br />

which ever is earlier<br />

d Supply under Hire purchase agreements – the time of supply<br />

is<br />

The time the agreement is entered in<strong>to</strong><br />

e. Cash basis tax payers – the time of supply – Sec. 4(6)<br />

For Registered Persons who have obtained approval <strong>to</strong> account for tax on cash<br />

basis under Section 23, time of supply is, for the purpose of reporting output tax<br />

in his returns is<br />

* the time at which the payment is received.<br />

3.5 <strong>Tax</strong>able supply<br />

Means any supply of goods or services<br />

• made in Sri Lanka or<br />

• deemed <strong>to</strong> be made in Sri Lanka<br />

• which is chargeable with <strong>VAT</strong> under the Act, and<br />

• includes a zero-rated supply<br />

• but not an exempt supply.<br />

Exempt supplies are enumerated in schedule 1 <strong>to</strong> the Act. Zero-rated supplies are given<br />

in section 7 of the Act (Vide Chapter 25). All other supplies (whether they are made or<br />

deemed <strong>to</strong> be made) are taxable supplies, if it is in the course of carrying on or carrying<br />

out a taxable activity. Section 16(5) of the Act sets out one situation where a deemed<br />

supply can occur. That is, when the registration of a registered person is cancelled, the<br />

goods or services remaining at the time of cancellation, which are part of the assets of<br />

the taxable activity are deemed <strong>to</strong> have been supplied by that person. It is a case of a<br />

deemed taxable supply. One characteristic of a deemed supply is that there is no<br />

consideration in money (Please see para 1.5) Sometimes there may be no<br />

consideration either in money or otherwise than in money. The Act does not enumerates<br />

other instances of deemed supply. But from the context of the Act specially from Section<br />

5(5)(iv) it can be said that, appropriation of business goods and assets for private use,<br />

gift of business goods (other than samples), transfer of goods and assets from a taxable<br />

activity <strong>to</strong> an exempt activity etc. are either supplies made or supplies deemed <strong>to</strong> be<br />

made.<br />

18

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