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

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

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

quarterly reports of all remissions so granted:<br />

Provided that where the amount of interest exceeds five hundred thousand<br />

shillings, the remission shall be subject to the prior written approval of the<br />

Minister.<br />

Imported goods<br />

subject to customs<br />

control.<br />

16. (1) In the case of imported taxable goods, no person shall be entitled to<br />

obtain delivery of those goods from the control of the customs until the correct<br />

amount of tax has been assessed and paid in full.<br />

(2) Notwithstanding the provisions of any other written law, any taxable<br />

goods which are imported by land shall be produced by the importer to a proper<br />

officer of customs at the customs station at or nearest to the place of entry, and<br />

any importer who fails so to produce any such goods shall be guilty of an<br />

offence and the goods in respect of which the offence was committed shall be<br />

liable to forfeiture.<br />

Any person<br />

leaving <strong>Kenya</strong> or<br />

business<br />

liquidated.<br />

4 of 2004.s.36<br />

17. (1) Notwithstanding any other provision of this <strong>Act</strong>, where the<br />

Commissioner has reason to believe that any tax payable by any person is at<br />

risk of non-payment:-<br />

(a) due to the imminent departure of the person from <strong>Kenya</strong>; or<br />

(b) where the person, being a company, is about to be liquidated or<br />

otherwise wound up or cease business; or<br />

(c) for any other sufficient cause,<br />

the Commissioner may, whether or not the due date for the payment of that tax<br />

has arrived, by notice in writing served on that person require that person to pay<br />

the tax within the time specified in the notice.<br />

(2) Any person who fails to pay tax when required to do so under<br />

subsection (1) shall be guilty of an offence.<br />

Collection of tax<br />

by distraint.<br />

8 of 1996,s. 15<br />

18. (1) Where any sum by way of tax is due and payable by a person, the<br />

Commissioner may, instead of suing for the tax, recover it by distress, and for<br />

that purpose may by order under his hand empower an authorized officer to<br />

exercise distress upon the goods and chattels of the person from whom the tax is<br />

recoverable and the officer may, at the cost of that person, employ such servants<br />

or agents as he may think necessary to assist him in the execution of the<br />

distress:<br />

Provided that –<br />

(i) Where the full amount of the tax due and payable is not recovered by<br />

25

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