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

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16.5 Refund of Input tax attributable <strong>to</strong> exports<br />

As the exports are zero-rated an exporter will be entitled <strong>to</strong> recover the input tax<br />

attributable <strong>to</strong> exports. That is the input tax included in the supplies used by him which<br />

enabled him <strong>to</strong> make the export are set off against any output tax payable by him. If<br />

there is no output tax the entire amount of input tax is refunded. He is thus able <strong>to</strong> make<br />

the export without the incidence of <strong>VAT</strong>. Export of <strong>VAT</strong> exempt goods are also entitled <strong>to</strong><br />

zero-rating. Section 76 of the Act provides that input tax paid on the acquisition of goods<br />

for the purpose of making an exempt supply shall be deemed <strong>to</strong> be an input tax if such<br />

supply subsequently becomes a taxable supply. Thus the input tax attributable <strong>to</strong> supply<br />

of goods used in making an export under any circumstances can be recovered by the<br />

exporter.<br />

16.6. <strong>Tax</strong>able Period of an Exporter<br />

<strong>Tax</strong>able period of an exporter is one month provided 50% or more of his <strong>to</strong>tal taxable<br />

supplies (including exports) are zero-rated supplies. Vide para 3.6. Such person should<br />

furnish monthly returns unless he opts <strong>to</strong> file returns quarterly Sec. 83.<br />

16.7 IMPORTS<br />

i. Although what is meant by an exporter is not defined in the Act what is meant<br />

by “importation” is defined <strong>to</strong> include<br />

(a) (i). bringing of goods in<strong>to</strong> Sri Lanka by any person or<br />

(ii) goods received form Cus<strong>to</strong>ms bonded area and<br />

(b) purchase of goods on a sale by<br />

(i) the D.G.C<br />

(ii) Sri Lanka Ports Authority or<br />

(iii) the C.G.I.R<br />

for the levy of tax and other dues<br />

iii. Bringing of a ship or an aircraft in<strong>to</strong> Sri Lanka <strong>to</strong> be registered under the<br />

necessary regulations in Sri Lanka amount <strong>to</strong> an importation of a ship or an<br />

aircraft. The importation of a ship is excluded form <strong>VAT</strong> – Sec. 2(3)(e)<br />

iv. <strong>VAT</strong> on importation of goods are charged and collected by the D.G.C as if it<br />

were a Cus<strong>to</strong>ms Duty and as if all the goods imported in<strong>to</strong> Sri Lanka are dutiable<br />

and liable <strong>to</strong> Cus<strong>to</strong>ms Duty. Sec. 2.3. Thus <strong>VAT</strong> is chargeable even if the goods<br />

are exempt from Cus<strong>to</strong>ms Duty. Please see comments made in paras 5.1.2,<br />

5.11 and 10.3<br />

93

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