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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 />

each determination or meter reading.<br />

(3) Notwithstanding the provisions of subsections (1) and (2), a registered<br />

person may defer payment of tax due to a date not later than the twentieth day<br />

of the month succeeding that in which the tax became due:<br />

Provided that where the twentieth day of the month falls on a public<br />

holiday, a Saturday or a Sunday, the return together with the payment of the tax<br />

due, shall be submitted on the last working day prior to that public holiday, the<br />

Saturday or the Sunday.<br />

(4) Notwithstanding the provisions of subsection (3), the Commissioner<br />

may require that a registered person shall pay tax at the time when he collects<br />

that tax from his customer as part of the price of a taxable supply.<br />

(5) Any tax chargeable under subsection (5) of section 6 shall be due<br />

and payable -<br />

(a) in the case of taxable goods cleared for home use directly at the port of<br />

importation, or taxable goods entered for removal to an inland station<br />

and there cleared for home use, at the time of customs clearance;<br />

(b) in the case of taxable goods removed to a licensed warehouse<br />

subsequent to importation, at the time of final clearance from the<br />

warehouse for home use.<br />

(c) in the case of taxable goods removed from an export processing zone at<br />

the time of removal for home use;<br />

(6) All tax shall be payable at the rate in force at the date upon which the<br />

tax becomes due.<br />

(7) Where any registered person who ceases to carry on business has any<br />

taxable goods upon which tax has not been paid, he shall, in accordance with<br />

the regulations, forthwith pay the proper amount of tax due on those goods.<br />

Relief because<br />

of doubt<br />

or difficulty<br />

in recovery of<br />

tax.<br />

4 of 2004.s.34<br />

14. (1) Notwithstanding the provisions of this <strong>Act</strong>, the Commissioner may,<br />

with the prior approval of the Minister, in any case where he is of the opinion<br />

that there is –<br />

(a) uncertainty as to any question of law or fact; or<br />

(b) impossibility, or undue difficulty or expense, of recovery of tax,<br />

(c) hardship or equity refrain from assessing or recovering the tax in<br />

question and thereupon liability to the tax shall be deemed to be extinguished or<br />

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