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

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9.4.5 Transitional Provision – Sec. 76<br />

- Where the C.G.I.R is satisfied that;<br />

* a registered person or other person<br />

* has paid <strong>VAT</strong> on goods acquired on or after, 01.08.2002 for the<br />

purpose of making an exempt supply and<br />

* such supply has subsequently become a taxable supply and<br />

* such goods are being used in making such taxable supply.<br />

Then<br />

* <strong>VAT</strong> paid on the acquisition of such goods shall be deemed <strong>to</strong><br />

be input tax.<br />

- IF<br />

The goods are being used only partly for a taxable supply then C.G.I.R<br />

shall determine the allowable portion of such input tax.<br />

9.4.6 Input tax on GST invoices – Sec. 22(2)<br />

Input tax not claimed on invoices issued prior <strong>to</strong> 01.08.2002 and on any valid<br />

GST invoices issued after 01.08.2002 may be claimed under <strong>VAT</strong>. (Vide para<br />

7.8). In respect of invoices issued prior <strong>to</strong> 01.08.2002 the six months rule in para<br />

9.4.2(iv) is applicable with effect from 01.08.2002 irrespective of whether the<br />

registered person is on cash basis but cash not paid by that time.<br />

9.4.7 Input tax on Sri Lanka Telecom – Master Invoices<br />

Sri Lanka Telecom issues master invoices <strong>to</strong> subscribers who have several<br />

telephone connections. If such a subscriber is a registered person and claims<br />

input tax on telephone bills an adjustment should be made in respect of<br />

telephones which were not used for the taxable activity. The disallowable <strong>VAT</strong><br />

may be computed by multiplying the <strong>VAT</strong> on the master bill by the fraction <strong>VAT</strong><br />

on Disallowable Bill/<strong>VAT</strong> on Gross Bill<br />

9.5 Burden of <strong>VAT</strong><br />

From the above mentioned method of calculation of <strong>VAT</strong> (paras 9.1 and 9.2) it can be<br />

seen that the burden of <strong>VAT</strong> falls on the “final consumer” only. Final consumer means<br />

the last person in the chain of production and distribution who receives (buys) the goods<br />

or service but does not use it in any taxable activity. He pays the <strong>VAT</strong> <strong>to</strong> his supplier<br />

and not directly <strong>to</strong> the government but the amount paid by him is received by the<br />

government through various stages of production and distribution of that goods or<br />

service. This can be illustrated by a trivial example.<br />

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