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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 />

(b) a third person participates directly or indirectly in the management, control or capital<br />

of the business of both; or<br />

(c) an individual, who participates in the management, control or capital of the business<br />

of one, is associated by marriage, consanguinity or affinity to an individual who<br />

participates in the management, control or capital of the business of the other.<br />

3. (1) Any person who makes or intends to make taxable supplies of goods or services to any<br />

other person or any person who exports or intends to export any goods or taxable<br />

services may, notwithstanding that paragraph 1 does not apply to him, apply in the<br />

prescribed manner to the Commissioner to be registered as a registered person.<br />

(2) Where the Commissioner is satisfied that the interests of the business of an applicant<br />

under subparagraph (1) requires registration under paragraph 1, the Commissioner shall<br />

duly register such person under such terms and conditions as he thinks fit.<br />

4. Where a taxable person supplies taxable goods or taxable services similar to or of the same<br />

type as those for which the person is registered or is required to be registered, such goods or<br />

services shall be deemed to be taxable supplies.<br />

5. Where the Commissioner is satisfied that a person is required to be registered under<br />

paragraph 1or 3 the Commissioner shall issue a certificate in the prescribed form on receipt<br />

of a proper application, and the certificate shall be personally collected, and signed for, by the<br />

registered person or sent by registered mail within ten working days after receipt by the<br />

Commissioner of the proper application.<br />

6. Where a proper application is received by the Commissioner within thirty days from the<br />

date the applicant becomes a taxable person, registration is deemed to be effective from<br />

the date on which the applicant receives the certificate.<br />

7. Where the certificate is sent by registered mail, it shall be deemed to have been received<br />

within seven days after posting.<br />

8. Where an application for registration is received by the Commissioner after thirty days<br />

from the date a person becomes a taxable person, registration shall be deemed to be<br />

effective from the 30th day from the date the person becomes a taxable person.<br />

9. The Commissioner can vary the effective date of registration where he is satisfied that<br />

there are reasonable grounds justifying such variation.<br />

10. (1) Every registered person shall display the certificate of registration and any other form<br />

of identification as the Commissioner may require in a clearly visible place or places in<br />

his business premises; and where the taxable person has more than one place of business,<br />

certified copies of the certificate shall be displayed at each of these places.<br />

85

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