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

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that the supplier may buy and sell/ or supply goods under a tender agreement does not<br />

mean that he is engaged in a retail or wholesale business. The jurisdiction of provincial<br />

councils is limited <strong>to</strong> “turnover tax on retail and wholesale sales” only. (Item 36.1 of list 1<br />

of Schedule 9 <strong>to</strong> the 13 th Amendment <strong>to</strong> the Constitution). Buying and selling does not<br />

always tantamount <strong>to</strong> retail and wholesale sales. Buying and selling may be possible<br />

even in respect of intangible assets but it is not possible <strong>to</strong> do any retail or wholesale<br />

business with such assets.<br />

4.7 Importers Identification Number (IIN) – Section 11<br />

• The importers who are not registered under <strong>VAT</strong> permanently should notify the<br />

CGIR not later than 14 days prior <strong>to</strong> the clearing of goods from the Cus<strong>to</strong>ms. An<br />

identification number is issued for the purpose of clearing of the goods only. It<br />

shall not be treated as a Registration for <strong>VAT</strong> purposes although sometimes<br />

people referred <strong>to</strong> it as temporary registration.<br />

• A person who imports under Passenger Baggages (Exemption) Regulations is<br />

not required <strong>to</strong> obtain I.I.N.<br />

• Note: Such identification number is valid only for twelve months for the clearance<br />

of goods by persons who are not liable <strong>to</strong> <strong>VAT</strong>. Cus<strong>to</strong>ms department will moni<strong>to</strong>r<br />

the import of goods by such persons on the basis of instructions issued by CGIR<br />

from time <strong>to</strong> time. At present, if the cumulative value of imports exceeds Rs. 2<br />

million under a particular IIN Cus<strong>to</strong>ms will not clear goods until you obtain a<br />

Permanent Registration or a clearance from Inland Revenue. The limit of Rs.2<br />

Million is not applicable <strong>to</strong> Government Departments, Ministries, Government<br />

Universities and for persons who import exempt goods.<br />

N.B. The I.I.N. Certificate must be returned <strong>to</strong> the department in order <strong>to</strong> obtain a<br />

permanent registration number.<br />

4.8 Cancellation and Changes<br />

(a) Application for a cancellation of a registration can be made at any time after the<br />

laps of 12 months (Section 16) Thus once registered you are required <strong>to</strong> charge<br />

<strong>VAT</strong> at least for 12 months even if your sales fall below the registrable limit (vide<br />

para 5.1.1)<br />

(b) Notwithstanding the de-registration every person is liable for any act done or<br />

omitted <strong>to</strong> be done while he was a registered person (Section 18)<br />

(c) Any goods/assets at the time of cancellation of registration shall be deemed <strong>to</strong><br />

be supplied in the course of carrying on the taxable activity. Thus, before deregistration<br />

a person will be asked <strong>to</strong> pay <strong>VAT</strong> on existing s<strong>to</strong>cks and assets<br />

unless the taxable activity is transferred as a whole (including all assets on which<br />

29

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