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 ...
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accounted for in respect of all the goods and assets on which input tax has<br />
been claimed. [Section 16(5)]<br />
• A separate record should be maintained in respect of GST tax declared as<br />
0output tax in <strong>VAT</strong> returns. (Para 22.1.2) A separate record should also be<br />
maintained in respect of supplies made without output tax <strong>to</strong> Diplomatic<br />
personnel (Vide Chapter 20)<br />
• When fringe benefits are made <strong>to</strong> employees, output tax should be paid by the<br />
employer on the value of supply. (The supplier is the employer). If an<br />
employee’s private bill (say a hotel bill) is settled by the employer, the employer<br />
should pay <strong>VAT</strong> on that amount. The bill cannot be a “tax invoice” as the<br />
employee is obtaining the service (or buying goods) as a private individual and<br />
not as a registered person. But that bill may be a <strong>VAT</strong> inclusive bill or a bill<br />
without <strong>VAT</strong> depending on whether the supplier is registered or not. In either<br />
case the employer is required <strong>to</strong> pay <strong>VAT</strong> on that payment (i.e the value of<br />
supply) at 10% or 20% depending on the type of supply. If it is a hotel bill it is a<br />
service liable at 10%. If it is a bill pertaining <strong>to</strong> the purchase of a television it is<br />
liable as a supply of goods at 20%. The employer cannot claim input tax<br />
included in such invoicesa.<br />
9.4 Input tax<br />
Input tax is the <strong>VAT</strong> payable by a registered person;<br />
(a) To another registered person - in respect of goods and services obtained from<br />
such person <strong>to</strong> be used in a taxable activity and<br />
(b) To the Cus<strong>to</strong>ms - in respect of goods imported <strong>to</strong> be used in a taxable activity.<br />
(Garments purchased from a BOI manufacturer cum exporter with the special approval of DGC/BOI<br />
at a special duty of Rs.25/- per piece paid <strong>to</strong> Cus<strong>to</strong>ms is also treated as an import)<br />
9.4.1 Special rules regarding input tax<br />
Mixed activities - Where a supply of goods or services received by a registered<br />
person, or goods imported are used or are <strong>to</strong> be used partly for the purpose of<br />
taxable activity the input tax shall be claimed proportionately except in the case<br />
(iv) below.<br />
ii.<br />
Finance Leasing - In the case of a person providing leasing facilities under the<br />
Finance Leasing Act No. 56 of 2000, the input tax on Goods supplied under a<br />
leasing agreement for a period less than 3 years shall be counted at the rate of<br />
10% even if the tax paid on such goods is more than 10%(Vide Para 18.13.3).<br />
iii.<br />
Tenants - Where an unregistered person leases out his land and buildings in<br />
terms of a tenancy agreement, <strong>to</strong> a registered person, input tax is allowed <strong>to</strong> be<br />
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