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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 />

(5) Any person who, being a person required to make an attribution under<br />

subsection (3) and (4) -<br />

(a) fails to do so; or<br />

(b) having done so, fails to notify the Commissioner,<br />

shall be guilty of an offence.<br />

(6) The Minister may, by order published in the Gazette, provide in<br />

relation to such supply and importation as the order may specify, that tax<br />

charged on them is to be excluded from the deduction of input tax under this<br />

section; and-<br />

(a) any such provision may be determined by reference to the<br />

description of goods or services supplied or goods or services<br />

imported or to the person of whom they are supplied, the purposes<br />

for which they are supplied or imported, or any<br />

circumstances whatsoever;<br />

(b) such an order may contain provision for consequential relief from<br />

output tax.<br />

Deduction of<br />

input tax on<br />

locally refined<br />

petroleum<br />

products.<br />

8 of 1991, s. 40<br />

Deduction of tax<br />

on exempt goods<br />

6 of 2005 s.7<br />

Tax paid on stock,<br />

assets, building,<br />

etc. on<br />

registration.<br />

9 of 1992, s.22<br />

6 of 1994,s. 20.<br />

4 of 1999,s. 21<br />

10 of 2006, s.6<br />

11A. Subject to section 6(5), input tax paid on ingredients and services<br />

used in the processing of locally refined taxable petroleum products may be<br />

deducted from the tax payable on those products in accordance with section<br />

11.<br />

11B. Where a registered person acquires any goods exempt from tax under<br />

Part II (i) of the Second Schedule, the price paid for such goods shall,<br />

notwithstanding any other provision of this <strong>Act</strong>, be deemed to be inclusive of<br />

tax which may be deducted in accordance with section 11.<br />

12. (1) When on the date he becomes registered, a person –<br />

(a) has in stock goods on which tax has been paid and which are<br />

intended for use in making taxable supplies; or<br />

(b) has constructed a building or civil works or has purchased assets for use<br />

in making taxable supplies,<br />

he may, within thirty days, or such longer period as the Commissioner may, in<br />

any particular case, allow claim relief from any tax shown to have been paid on<br />

goods in stock or on the construction of such buildings or civil works or the<br />

purchase of such assets:<br />

21

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