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Sales Tax Instructions

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<strong>Sales</strong> <strong>Tax</strong> <strong>Instructions</strong>, 2009<br />

Ans.<br />

Provisions of section 59 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 are<br />

applicable for the purpose of input tax adjustment by the new registrants.<br />

(iii) It is not clear whether tax should be charged at 15% or 16.5%<br />

in the case of rendering of services to unregistered persons?<br />

Ans.<br />

The provisions of section 3(1A) regarding further tax shall not<br />

apply in case of services provided or rendered by clubs as these are<br />

normally received by the direct consumers.<br />

(iv)<br />

It is not clear whether the turnover tax under section 3A is<br />

applicable to the service providers as they are more akin to retailers.<br />

Section 3(2) of the Provincial Ordinance, 2000 state that the sales tax<br />

should be charged and levied on services in the same manner and at the<br />

same time as if it were sales tax leviable under sections 3, 3A or 3AA as<br />

the case may be.<br />

Ans.<br />

Provisions of section 3A or section 3AA of the <strong>Sales</strong> <strong>Tax</strong> Act,<br />

1990 do not apply on clubs as they are neither manufacturers nor<br />

retailers; they are service providers.<br />

(v)<br />

It is not clear whether the debit and credit notes as provided in<br />

section 9 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 would be applicable (billing to<br />

members can be subject to downward revision)?<br />

Ans.<br />

The provisions of section 9 of the <strong>Sales</strong> <strong>Tax</strong> Act, 1990 as<br />

restricted by the Debit and Credit Note and Destruction of Goods Rules,<br />

1996 are applicable to clubs.

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