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V.A.T. Act 2007 - Kenya Revenue Authority

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Rev. <strong>2007</strong> VALUE ADDED TAX CAP 476<br />

(7) Notwithstanding the provisions of subsection (6), where the supplier<br />

of a service to which that subsection applies is normally resident outside <strong>Kenya</strong>,<br />

the Commissioner may, by notice in writing, appoint a person who is normally<br />

resident in <strong>Kenya</strong>, as an agent for collecting the tax payable on the service and<br />

remitting it to the Commissioner.<br />

Minister may<br />

amend Schedules.<br />

10 of 1990,s. 17.<br />

8 of 1991,s. 37.<br />

7. (1) The Minister may, by order published in the Gazette –<br />

(a) amend the First Schedule by increasing or decreasing any of the<br />

rates of tax by an amount not exceeding twenty five per cent of the<br />

rate set out therein; or<br />

(b) amend, vary or replace the Sixth and Seventh Schedules.<br />

(2) Every order made under subsection (1) shall be laid before the<br />

National Assembly without unreasonable delay, and unless a resolution<br />

approving the order is passed by the National Assembly within twenty days of<br />

the day on which the National Assembly next sits after the order is so laid, it<br />

shall thenceforth be void, but without prejudice to anything previously done<br />

thereunder.<br />

Zero rating.<br />

10 of 1990, s. 18.<br />

9 of 1992, s.19.<br />

6 of 1994 S.19<br />

8 of 1997, s. 17.<br />

9 of 2000, s. 24.<br />

8. (1) Where a taxable person supplies goods or services and the supply is<br />

zero rated, then no tax shall be charged on the supply, but it shall, in all other<br />

respects, be treated as a taxable supply and accordingly the rate at which tax is<br />

treated as charged on the supply shall be nil.<br />

(2) A supply or importation of goods is zero-rated by virtue of this<br />

section if the goods are of the description for the time being specified in the<br />

Fifth Schedule or Part A and Part B of the Eighth Schedule or the supply is of a<br />

description so specified.<br />

(3) A supply or importation of goods or services is zero-rated by virtue of<br />

this section if the goods or services are of the description for the time being<br />

specified in Part A of the Fifth Schedule or imported or purchased by persons<br />

specified in Part C of the Eighth Schedule.<br />

Value of supply<br />

and of imported<br />

goods.<br />

10 of 1990,s. 19.<br />

8 of 1991,s. 38.<br />

9 of 1992,s. 20.<br />

4 of 1993,s. 22.<br />

8 of 1996,s. 12.<br />

8 of 1997,s. 18.<br />

9 of 2000,s. 25.<br />

6 of 2001,s. 28.<br />

PART IV - TAXABLE VALUE<br />

9. (1) For the purpose of this <strong>Act</strong>, the taxable value of any supply of goods<br />

or services shall be –<br />

(a) in the case of a supply provided by the registered person to an<br />

independent person dealing at arm’s length, the price for which the<br />

supply is provided;<br />

(b) otherwise than as provided under paragraph (a), the price at which<br />

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