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<strong>TX</strong> - <strong>ZAF</strong><br />

Value Added Tax<br />

1


Outcomes<br />

Upon the successful completion of this Study Unit<br />

you should be able to:<br />

• Calculate the <strong>VAT</strong> payable or refundable for a<br />

relevant tax period;<br />

• List the registration requirements and apply these<br />

requirements to a given set of facts;<br />

• Select the most important definitions in the <strong>VAT</strong><br />

Act and motivate the choice/s;<br />

• Explain what accounting bases may be used and<br />

explain which bases to apply for;<br />

• Explain <strong>VAT</strong> consequences to a Tax payer


Introduction<br />

• Levied ito Value-Added Tax Act 89 of 1991<br />

• At what rate is <strong>VAT</strong> levied?<br />

• <strong>VAT</strong> is an Indirect tax<br />

What does<br />

this mean?<br />

User acquiring<br />

goods/services<br />

Supplier/Vendor<br />

SARS<br />

• Prices must include <strong>VAT</strong>, unless specifically broken<br />

down into value and <strong>VAT</strong>


Calculation of <strong>VAT</strong><br />

Output tax<br />

• D<br />

Input tax<br />

Tax payable/refundable


<strong>VAT</strong> admin<br />

Accounting basis<br />

2 Accounting bases that may be applied by a<br />

vendor to account for <strong>VAT</strong><br />

• Invoice basis<br />

• Payments basis<br />

Determines time<br />

of supply


Invoice basis<br />

Account for <strong>VAT</strong>:<br />

Earlier of:<br />

• invoice is issued<br />

OR<br />

• any payment is received<br />

Exception<br />

When payment is received<br />

Supply of fixed property


Example<br />

A vendor registered on the invoice basis supplied the<br />

following goods:<br />

(a) On 2 February goods are delivered at one of the<br />

clients’ premises and the invoice for the goods was<br />

issued on the same date. The payment for the goods was<br />

received on 31 March.<br />

(b) On 29 April a client paid R100 000 for goods<br />

delivered on the same date. The invoice was issued on<br />

14 May.<br />

You are required to determine the time of the above<br />

supplies for <strong>VAT</strong> purposes.


Solution<br />

(a) Earlier of:<br />

• invoice is issued (2 February)<br />

• any payment is received (31 March)<br />

OR<br />

= 2 February<br />

(b) Earlier of:<br />

• invoice is issued (14 May)<br />

• any payment is received (29 April)<br />

OR<br />

= 29 April


Payment basis<br />

Account for <strong>VAT</strong>:<br />

• Payment date<br />

MUST use invoice basis for goods/services supplied of ≥<br />

R100 000 (incl. <strong>VAT</strong>)<br />

N/A to fixed<br />

property<br />

• Who may account for <strong>VAT</strong> on the payments basis?<br />

Public authorities,<br />

municipalities etc.


Example<br />

A vendor registered on the payments basis supplied the following<br />

goods:<br />

(a) On 2 February goods were delivered at one of the clients’<br />

premises and the invoice for R15 000 for the goods was issued on the<br />

same date. The payment for the goods was received on 31 March.<br />

(b) On 29 April a client paid R50 000 for goods delivered on the same<br />

date. The invoice for the goods was issued on 14 May.<br />

(c) On 19 July trading stock was delivered at a client’s premises and<br />

the invoice for R180 000 was issued on the same date. Payment for<br />

the goods was only received on 31 August.<br />

You are required to determine the time of the above supplies for<br />

<strong>VAT</strong> purposes.


Solution<br />

(a) Value of supply < R100 000 = payment<br />

received – 31 March.<br />

(b) Value of supply < R100 000 = payment<br />

received – 29 April.<br />

(c) Value of supply > R100 000<br />

the time of supply is determined by applying<br />

the rules for the invoice basis: the earlier of<br />

payment or the date the invoice is issued - 19<br />

July.


Tax periods (s 27)<br />

Tax period<br />

Category A:<br />

Category B:<br />

Category C:<br />

Category D:<br />

2 month periods ending uneven months (Jan, March, May etc.)<br />

Taxable supplies ≤ R30mill / farmers with taxable supplies > R1,5mill in a<br />

12 month period<br />

2 month periods ending even months (Feb, April, June etc.)<br />

Taxable supplies ≤ R30mill / farmers with taxable supplies > R1,5mill in a<br />

12 month period<br />

Monthly periods<br />

Taxable supplies > R30 million in a 12 month period<br />

Six month periods, ending Feb/Aug<br />

Farmers with taxable supplies of < R1,5 million in 12 month period


Tax periods (s 27) (cont.)<br />

Tax period<br />

Category E:<br />

Category F:<br />

Annual periods, ending on last day of y.o.a<br />

Companies and trust funds whose activities consist solely of<br />

– the letting of fixed property or movable goods to, or<br />

– the administration or management of companies that are connected<br />

Four month periods, ending Jun/Oct/Feb<br />

Value of supplies


Definitions


Definition – when will a transaction<br />

attract <strong>VAT</strong>?<br />

There should be:<br />

1<br />

• a supply<br />

2<br />

• of goods or services<br />

3<br />

• by a vendor<br />

4<br />

• in the course or furtherance of an enterprise


Supply<br />

1<br />

To provide or to make available (dictionary)<br />

Defined in s1<br />

• includes a sale, rental agreement, an instalment<br />

credit agreement….<br />

• 2 persons involved (supplier and recipient)<br />

• includes supplies for consideration other than<br />

money


Goods or services<br />

2<br />

"Goods" are defined as:<br />

• corporeal movable things<br />

Things that can<br />

be touched<br />

• fixed property<br />

• any real right in the above (e.g. usufruct)<br />

• electricity<br />

Excl. Money, revenue stamps, certain rights


Goods or services<br />

2<br />

"Services" are defined as:<br />

Anything done<br />

or to be done<br />

• granting, cession or surrender of any right or the<br />

making available of any facility or advantage<br />

• if not a supply of goods, then a service (incl.<br />

trademarks, goodwill, patents and know-how)


3<br />

By a vendor<br />

Person registered/required to be registered under the <strong>VAT</strong> act<br />

Includes:<br />

• Company, CC<br />

• Body of persons<br />

(partnership)<br />

• Deceased/insolvent<br />

estate etc.<br />

Group of<br />

companies?<br />

Who is required to<br />

register ito the <strong>VAT</strong><br />

act?<br />

To register: fully complete a <strong>VAT</strong> 101 form, which is obtainable from<br />

SARS’s website (http://www.sars.gov.za)


3<br />

By a vendor(cont.)<br />

Registration as a vendor: Compulsory registration:<br />

• At end of month if taxable supplies > R1m for 12 months<br />

• At beginning of month, if it is anticipated that taxable supplies<br />

for the next 12 months will be > R1m<br />

• Foreign suppliers: at end of month if taxable supplies > R50 000<br />

for 12 months<br />

Branches/<br />

divisions<br />

Excl. <strong>VAT</strong><br />

any consecutive period of<br />

12 months<br />

Person carries on two separate businesses, he must register when the<br />

joint taxable supplies of the two businesses > R1m<br />

S 50 A may deem separate persons as ONE – anti avoidance.


Example<br />

Mrs Z carries on three different enterprises that only make<br />

taxable supplies. All three enterprises are carried on in her<br />

own name.<br />

• Enterprise 1: Turnover of R360 000 for 12 months<br />

(excluding <strong>VAT</strong>)<br />

• Enterprise 2: Turnover of R320 000 for 12 months<br />

(excluding <strong>VAT</strong>)<br />

• Enterprise 3: Turnover of R340 000 for 12 months<br />

(excluding <strong>VAT</strong>)<br />

Determine whether Mrs Z is obliged to register for <strong>VAT</strong><br />

purposes if the above information applies to the 12 months<br />

ending 31 December 2014.


Solution<br />

• Total turnover = R 1 020 000<br />

• This > R1 000 000<br />

• Mrs Z has to register as a <strong>VAT</strong> vendor


3<br />

By a vendor (cont.)<br />

Registration as a vendor: Voluntary registration:<br />

• Taxable supplies > R50 000 for 12 month period<br />

• Commercial accommodation > R60 000<br />

• Taxable supplies expected to be > R50 000 in the next 12<br />

months (payments basis until > R50 000)<br />

• Person continuously and regularly carries on activity and<br />

it is reasonably expected that value of taxable supplies ><br />

R50 000 in 12 month period


4<br />

In the course or furtherance of an<br />

enterprise<br />

Definition of an enterprise<br />

Not<br />

once-off<br />

• any enterprise/activity<br />

• carried on continuously or regularly (ongoing activity)<br />

• in SA or partly in SA<br />

• by any person<br />

• in the course /furtherance of which<br />

• goods or services are supplied for a consideration,<br />

• Deposit – only consideration if applied/forfeited<br />

• Donation to any association not for gain is specifically excl.<br />

from the def of ‘consideration’<br />

• whether for profit or not.<br />

In money/<br />

otherwise


4<br />

In the course or furtherance of an<br />

enterprise<br />

Specifically excluded from the definition of an enterprise<br />

• Supply of services by an employee to his employer<br />

• Hobbies<br />

• Exempt supplies<br />

• Commercial accommodation if value of supply<br />

≤ R60 000 for a period of 12 months


Refusal to register<br />

SARS can refuse to register a person if any of the<br />

following apply:<br />

– Person has no fix place of business<br />

– Person does not keep proper accounting records<br />

for is enterprise<br />

– The person does not a bank account for his<br />

enterprise<br />

– The person’s <strong>VAT</strong> registration was previously<br />

cancelled due to him not performing his duties<br />

under the <strong>VAT</strong> Act<br />

26


Output <strong>VAT</strong><br />

PAYABLE on the supply BY the vendor


Output <strong>VAT</strong><br />

1<br />

Types of supplies<br />

2<br />

Taxable supply<br />

Exempt supply<br />

Standardrated<br />

supply<br />

Zero- rated<br />

supply<br />

No <strong>VAT</strong><br />

15%<br />

IF<br />

Input denied<br />

0% if input tax has been<br />

denied<br />

then no output tax is<br />

levied on the supply


Calculation of output tax - example<br />

Vendor Ltd’s sales (all standard-rated taxable<br />

supplies) for a specific tax period amounted to<br />

R45 600 (including <strong>VAT</strong>).<br />

You are required to calculate output tax in<br />

respect of the supplies.<br />

R45 600 x 15/115 = R5 947.83


The levying of output <strong>VAT</strong><br />

Output tax is<br />

levied on<br />

• the supply of goods, or services by a vendor in<br />

the course or furtherance of an enterprise<br />

• imported goods , or<br />

• imported services


Zero-rated supplies (s11)


Zero-rated supply: Exported goods<br />

Definition of 'exported':<br />

Goods delivered<br />

in export country<br />

Ownership<br />

changes in SA<br />

• Direct/ indirect exports, or<br />

0% N/A – 2 nd hand goods if<br />

notional input was claimed<br />

Supply – subject to <strong>VAT</strong> @ 15%<br />

Recipient entitled to refund<br />

• goods delivered to owner of a foreign-going<br />

ship / aircraft, or<br />

If used on<br />

ship/aircraft<br />

• goods supplied under a rental agreement<br />

If used in export country/<br />

customs controlled area


Example<br />

Mr Strempel is a non-resident on vacation in South Africa.<br />

Whilst touring the Kruger National Park, he decided to<br />

purchase a wooden giraffe figure. The curio store charged<br />

him R3 363 for the novelty item, including <strong>VAT</strong> at the<br />

standard rate. Mr Strempel and his giraffe figure continued to<br />

tour the country for another two weeks before his leave<br />

entitlement ran out and he needed to return to his home<br />

country Germany. Mr Strempel took the giraffe figure along<br />

when he left South Africa.<br />

Explain the <strong>VAT</strong> consequences for Mr Strempel, the curio<br />

store, and the position of SARS.


Solution<br />

• Mr Strempel would have initially paid <strong>VAT</strong> of<br />

R439 (R3 363 × 15/115) when purchasing the<br />

giraffe figure from the curio store. The curio<br />

store, being a <strong>VAT</strong> vendor, needs to charge the<br />

output tax of R439 and pay it over to SARS. Upon<br />

leaving the country with the wooden giraffe, Mr<br />

Strempel can have the <strong>VAT</strong> of R439 refunded to<br />

him. SARS needs to refund this amount on Mr<br />

Strempel’s departure with the item purchased in<br />

South Africa, as it is regarded as being an indirect<br />

export in terms of the Export Incentive Scheme.


Zero-rated supply: Exported services<br />

Transportation (s 11(2)(a))<br />

If transported from: (at least one leg outside SA)<br />

Outside SA to Outside SA<br />

In SA to Outside SA<br />

Outside SA to in SA<br />

Insurance on above - also zero-rated (s 11(2)(d)).


Zero-rated supply: Exported services<br />

Services rendered outside South Africa (s 11(2)(k))<br />

If<br />

• physically rendered outside SA/<br />

• Customs controlled area<br />

Services to non-residents (s 11(2)(l ))<br />

If non-resident is not in SA @ time services are rendered<br />

Zero rating N/A if the service is directly in connection with<br />

• land, or improvements thereto, situated in SA, or<br />

• movable property situated inside SA at the time the services are<br />

rendered<br />

– Still zero rated if exported subsequent to supply of service


Example<br />

Vendor A is instructed to replace the screen of a<br />

laptop computer belonging to a visiting tourist.<br />

The supply by the vendor may not be zero-rated<br />

because the laptop is within the borders of<br />

South Africa. If, however, the laptop is again<br />

exported directly after the supply, the zerorating<br />

may be applied.


Zero-rated supply: other<br />

• Supply of goods and services for use for agricultural or other<br />

farming purposes (s 11(1)(g))<br />

– Example: seed, feed, fertiliser, etc.<br />

• Supply of gold coins issued by the Reserve Bank (s 11(1)(k))<br />

– Example: Kruger Rands<br />

• Certain basic foodstuffs (s 11(1)(j))<br />

– Example: brown bread, maize meal, samp, mealie rice, rice,<br />

pilchards, milk and milk powder, fresh fruit and vegetables (including<br />

mealies, but excluding popcorn), vegetable oil (excluding olive oil),<br />

eggs and lentils<br />

• The supply of fuel levy goods (ss 11(1)(h))<br />

– Example: petrol and diesel<br />

• Charging of municipal rates by municipality (ss 11(1)(w))<br />

– Property rates and taxes @0%<br />

– Water, electricity, refuse removal @ 15%<br />

– If charged @ flat rate – not zero rated


Example<br />

Mark Model (a <strong>VAT</strong> vendor) carries on the business of a<br />

dairy, and for the <strong>VAT</strong> period under review he received<br />

R300 000 (<strong>VAT</strong> inclusive) for the sale of milk. During the<br />

same period he incurred the following expenses (<strong>VAT</strong><br />

inclusive):<br />

R<br />

Purchase of cows from vendors 114 000<br />

Fuel 8 000<br />

Purchase of packing materials 57 000<br />

Calculate the <strong>VAT</strong> payable or refundable for the<br />

applicable <strong>VAT</strong> period.


Output tax<br />

Sale of milk (zero-rated)<br />

Input tax<br />

Solution<br />

Purchase of cows (R115 000 × 15/115) 15 000<br />

Fuel (zero-rated)<br />

Purchase of packing materials (R57 000 × 15/115) 7 435<br />

Total input tax 22 435<br />

An amount of R22 435 is to be refunded by SARS (Rnil – R22 435) (22<br />

435)<br />

Note<br />

It should be clear from the example that although Mark Model made zero-rated<br />

supplies, these supplies are also regarded as taxable supplies and that he will still<br />

be able to claim the input tax incurred in making these supplies.<br />

nil<br />

nil


Zero-rated supply: The sale of a going<br />

concern (s 11(1)(e))<br />

Requirements<br />

• Parties agreed in writing that enterprise, or part<br />

thereof, is disposed of as a going concern<br />

• Parties have at the time of conclusion of the contract<br />

agreed in writing that the enterprise will be an incomeearning<br />

activity on the date of its transfer<br />

• All the assets necessary for carrying on the enterprise<br />

are disposed of by the supplier to the recipient<br />

• The parties have at the time of the contract agreed in<br />

writing that the consideration for the supply is inclusive<br />

of <strong>VAT</strong> at the rate of 0%.<br />

• Both the parties (supplier and recipient) must be<br />

registered vendors for <strong>VAT</strong> purposes


Exempt supplies


Output tax: Exempt supplies (s 12)<br />

• No output tax on exempt supplies<br />

AND<br />

• No input tax relating to the expenditure on<br />

these supplies may be claimed


Output tax: Exempt supplies (s 12)<br />

l<br />

Financial services (ss 2 and 12(a))<br />

Examples:<br />

• issue of a loan,<br />

• sale of shares<br />

• interest paid<br />

NOT financial services:<br />

• Fee based financial services<br />

e.g. Bank charges<br />

• Supply of a cheque book


Example<br />

The following items appeared on Ragdoll Boutique’s bank<br />

statements for September:<br />

R<br />

Internet banking fee 73,92<br />

Service fee (bank charges) 162,35<br />

Transaction costs 83,90<br />

Administration costs 14,00<br />

Interest charged on overdraft 116,40<br />

Interest received on positive bank balance 83,20<br />

Cheque book – cost 18,20<br />

Indicate which of the above amounts include <strong>VAT</strong> and, if<br />

so, how much <strong>VAT</strong> is included.


Solution<br />

Internet banking fee (R73,92 × 15/115)<br />

Service fee (R162,35 × 15/115)<br />

Transaction costs (R83,90 × 15/115)<br />

Administration costs (R14,00 × 15/115)<br />

Interest charged on overdraft<br />

Interest received on positive bank balance<br />

Cost for cheque book (R18,20 × 15/115)<br />

nil<br />

nil


Output tax: Exempt supplies (s 12)<br />

l<br />

Donated goods and services (s 12(b))<br />

• Donations by an association not for gain OR<br />

• Goods being supplied were made/manufactured by<br />

the association, provided that at least 80% of the value<br />

of the materials used consists of donated goods.


Example<br />

The Needy Association, an association not for gain,<br />

received second-hand clothes and glasses as<br />

donations from members of the public. The Needy<br />

Association sells the clothes to the public for R10 a<br />

piece and engraved the Association’s name on the<br />

glasses prior to selling them to the public for R5 a<br />

glass.<br />

Determine the output <strong>VAT</strong> consequences of the<br />

above.


Solution<br />

The supply of the clothes as well as the glasses<br />

will be exempt from <strong>VAT</strong>, since at least 80% of<br />

the value of these goods consisted of donated<br />

goods.


Output tax: Exempt supplies (s 12)<br />

l<br />

Accommodation (s 12(c))<br />

Residential accommodation = EXEMPT<br />

Example: supply of a house / flat to another person who<br />

will use the house or flat mainly for residential purposes<br />

Commercial accommodation = <strong>VAT</strong> @ 15%<br />

Examples:<br />

• Board and lodging, together with domestic goods and<br />

services, in any house, flat, hotel, guesthouse, holiday<br />

accommodation AND annual receipts > R120 000 in<br />

12 months/ expected to > R120 000 in 12 months<br />

• Lodging in home for the aged


Output tax: Exempt supplies (s 12)<br />

l<br />

Value of supply<br />

Commercial accommodation<br />

Accommodation & domestic<br />

goods/services supplied ≤ 28 days =<br />

FULL VALUE<br />

Accommodation & domestic<br />

goods/services supplied @ all-inclusive<br />

rate for unbroken period of > 28 days =<br />

60% OF ALL-INCLUSIVE CHARGE<br />

Where separate prices are charged for accommodation and other<br />

services <strong>VAT</strong> levied @ 100% for other services and 60% for<br />

accommodation<br />

Domestic goods/services: example - cleaning and<br />

maintenance, meals, laundry, furniture, television set etc.


Example<br />

Hein is the owner of Rest-a-While, a bed and breakfast<br />

establishment situated in the Natal Midlands.<br />

His total annual receipts from the bed and breakfast<br />

business amount to R130 000. Most of the guests do not<br />

stay longer than three nights at a time. It does<br />

sometimes happen that a guest stays a month at a time.<br />

Hein charges R220 per night (excluding <strong>VAT</strong>) for bed and<br />

breakfast.<br />

Explain to Hein the <strong>VAT</strong> consequences of running his<br />

bed and breakfast business.


Solution<br />

The B & B business constitutes the provision of commercial accommodation. As the<br />

annual receipts of the business exceed R120 000, Hein can register voluntarily for <strong>VAT</strong> (still<br />

below the mandatory registration threshold of R1 million).<br />

Should Hein decide to register, he will have to levy output tax on the supply of the<br />

domestic goods and services (being a taxable supply) as follows:<br />

• guests staying 28 days and less: 100% of the charge is subject to <strong>VAT</strong> at 15% (for<br />

example three nights at R220 × 100% × 15% = R99 output tax), and<br />

• guests staying more than 28 days at a time: only 60% of the charge is subject to <strong>VAT</strong> at<br />

15% (for example 30 nights at R220 × 60% × 15% = R594 output tax).<br />

Hein will be entitled to an input tax deduction for <strong>VAT</strong> paid on the acquisition of goods<br />

and services for the purposes of the B & B business. This is because he is making taxable<br />

supplies.<br />

Should Hein decide not to register for <strong>VAT</strong> purposes, he does not have to account for<br />

output tax, but then he will not be entitled to any input tax deductions.


Example<br />

Jo Ndlovu is a property magnate and a vendor. During the current tax<br />

period Jo earned the following amounts:<br />

Letting of townhouses (purely for residential purposes) 42 000<br />

Short-term stay (less than 28 days) in bed and<br />

breakfast hotels (including <strong>VAT</strong>) 15 000<br />

Board and lodging in boarding houses (all periods<br />

longer than 28 days – excluding <strong>VAT</strong>) 30 000<br />

R<br />

Calculate the output tax in respect of the income earned.


Solution<br />

Letting of townhouse, hiring of a dwelling,<br />

which is an exempt residential supply<br />

Rnil<br />

Bed and breakfast, commercial accommodation<br />

R15 000 × 15/115= 1 956.52<br />

Board and lodging, long-term commercial<br />

accommodation (R30 000 × 15% × 60%) 2 700


Example<br />

Assume the all-inclusive daily rate at a hotel is<br />

R500 per day (excluding <strong>VAT</strong>). Included in the<br />

R500 daily rate is the use of a post-box.<br />

Calculate the <strong>VAT</strong> if<br />

(a) the person stays in the hotel for four days,<br />

and<br />

(b) the person stays in the hotel for 35 days.


Solution<br />

(a) Full supply at standard rate (R500 × 4 × 15%)<br />

– output tax<br />

(b) Supply of the post box that is included in the<br />

all-inclusive daily rate – output tax nil<br />

Supply of commercial accommodation together<br />

with domestic goods and services (R500 × 35 ×<br />

60% × 15%) – output tax


Other exempt supplies<br />

Transport of fare-paying passengers and their personal effects by road<br />

or railway within SA in a bus or taxi (not a game-viewing vehicle )<br />

• N/A to air tickets (only road or railway)<br />

• N/A for courier service (passengers and personal belongings, not<br />

goods)<br />

• N/A if not charged separately for it (fare-paying)


Other exempt supplies<br />

Remember:<br />

• Travel by road or railway of fare-paying passengers within SA is<br />

an exempt supply.<br />

• Travel by air when any leg of the ticket is outside SA, is a zerorated<br />

supply.<br />

• Travel by air in SA is a standard rated supply.<br />

• Travel in a game viewing vehicle or hearse is subject to <strong>VAT</strong> at<br />

the standard rate.


Other exempt supplies (cont.)<br />

• Supply of qualifying educational services by the State, a<br />

school, a public higher education institution (s 12(h)(i))<br />

• The supply by a school, university, technikon or college,<br />

solely or mainly for the benefit of its learners, of goods<br />

or services (including domestic goods or services) for a<br />

consideration in the form of school fees, tuition fees or<br />

payment for board and lodging (s 12(h)(ii))<br />

• Membership contributions to employee organisations,<br />

such as trade unions (s 12(i))<br />

• The supply of childcare services by a crèche or an afterschool<br />

care centre (s 12(j))


Input <strong>VAT</strong><br />

Can't claim <strong>VAT</strong> if not<br />

used for making taxable<br />

supplies = DENIED<br />

Claim input <strong>VAT</strong><br />

To extent consumed for<br />

purposes of making<br />

taxable supply<br />

May claim:<br />

Input tax amount<br />

x<br />

% taxable supplies<br />

(apportion)<br />

If ≥ 95%, deem 100%<br />

See next slide<br />

Tax<br />

invoice<br />

Only claim if:<br />

• Have necessary documentation<br />

• Purchased from a vendor (except 2 nd hand goods)<br />

Can't claim<br />

as no <strong>VAT</strong><br />

was charged


INPUT <strong>VAT</strong><br />

Payment of goods and services<br />

supplied TO the vendor for making taxable supplies<br />

RECEIVABLE by the vendor


Tax invoices (ss 16(2) and 20)<br />

• Tax invoice should be issued for supply > R50<br />

• Must supply invoice within 21 days<br />

of the date of supply


Tax invoices<br />

Where supply > R5 000 the following must appear on the<br />

tax invoice: – must be in R (except if zero-rated)<br />

Supply > R5 000<br />

the words ‘tax invoice’<br />

name, address and <strong>VAT</strong> registration number of supplier<br />

name, address and <strong>VAT</strong> registration number of recipient<br />

invoice number & date<br />

description of the goods or services supplied<br />

Quantity/volume of the goods or services supplied<br />

either: the value of the supply, <strong>VAT</strong> charged and consideration OR<br />

consideration paid, <strong>VAT</strong> amount/statement that <strong>VAT</strong> charged & rate


Tax invoices<br />

Where supply ≤ R5 000 the following must appear on the<br />

tax invoice: – must be in R<br />

Supply ≤ R5 000<br />

the words ‘tax invoice’<br />

name, address and <strong>VAT</strong> registration number of supplier<br />

invoice number & date<br />

quantity/volume of the goods or services supplied<br />

either: the value of the supply, <strong>VAT</strong> charged and consideration OR<br />

consideration paid, <strong>VAT</strong> amount/statement that <strong>VAT</strong> charged & rate


Debit/Credit notes<br />

When a<br />

supply is<br />

cancelled<br />

Amount <strong>VAT</strong> on tax invoice < actual <strong>VAT</strong> charged = issue a debit note<br />

Amount <strong>VAT</strong> on tax invoice > actual <strong>VAT</strong> charged = issue a credit note<br />

Charged output tax<br />

on supply<br />

previously<br />

Claimed input tax<br />

previously<br />

Δ in amount of output tax that<br />

should be charged (necessary<br />

documentation)<br />

Δ in amount of input tax that<br />

should be claimed (necessary<br />

documentation)<br />

Output ><br />

Additional<br />

output tax<br />

Output <<br />

Claim<br />

input tax<br />

Input ><br />

Additional<br />

input tax<br />

Input <<br />

Pay output<br />

tax


Method of apportionment - Turnoverbased<br />

method<br />

• Total taxable supplies being expressed as a % of total supplies<br />

Formula:<br />

A = B × C/D where:<br />

A = deductible input tax<br />

B = total input tax<br />

C = value of taxable supplies<br />

Amounts<br />

excl. <strong>VAT</strong><br />

D = value of all supplies (taxable and exempt)<br />

% taxable usage (C/D) is calculated once per year – used to apportion


Special apportionment method<br />

• Vendor may use an alternative apportionment<br />

method<br />

– For example the floor space method, the<br />

transaction based method and the employee time<br />

method<br />

• If the turnover-based method does not yield a<br />

fair approximation of the extent of taxable<br />

supplies<br />

• Prior approval by SARS.


Denial of<br />

input tax


Input Tax: Denial of input tax (s17(2)<br />

Entertainment<br />

Motor cars<br />

Club membership fees and<br />

subscriptions


Denial of input tax: Entertainment<br />

• Provision of:<br />

Definition<br />

– Food/beverages<br />

– Accommodation<br />

– Entertainment/amusement


Denial of input tax: Entertainment<br />

Input NOT denied:<br />

• Entertainment business if:<br />

– Amount charged covers all direct and indirect costs or = open-MV<br />

– No amount charged but for for bona fide promotional purposes<br />

– Any excess food, not consumed by the customers during a taxable<br />

supply, is subsequently given to employees/welfare organisations<br />

• Any meal/accommodation to an employee required to be away<br />

from his usual place of residence and work ≥ 1 night.<br />

• Vendors operating taxable (not exempt) passenger transport<br />

services.<br />

• Vendors organising seminars/similar events for reward.<br />

• Vendors who receive bets in respect of the outcome of a race or<br />

any other event where the entertainment is continuously<br />

supplied as a prize to its customers.


Denial of input tax: Club membership<br />

fees and subscriptions<br />

• fees or subscriptions for membership<br />

of any club/association of a sporting…<br />

• input not denied:<br />

– Professional membership of the<br />

accounting profession


Denial of input tax: Motor cars<br />

Definition of a motor car<br />

Includes<br />

Motor vehicle<br />

Station wagon<br />

Minibus<br />

Double-cab light delivery vehicle<br />

Any other motor vehicle normally used on<br />

public roads, that has 3/more wheels for<br />

carriage of passengers<br />

INPUT<br />

DENIED


Denial of input tax: Motor cars<br />

Definition of a motor car<br />

Excludes<br />

Vehicles capable of transporting only 1 person / > 16 persons<br />

Vehicles ≥3 500 kg<br />

Caravans<br />

Ambulances<br />

Vehicles not capable of transporting passengers<br />

Game-viewing vehicles (carry ≥ 7 passengers for game-viewing)<br />

Hearses


Denial of input tax: Motor cars<br />

Complies with def of motor car = INPUT DENIED<br />

can claim input<br />

Exceptions – when a vendor is:<br />

A car-dealer<br />

Runs a car-hire business<br />

Acquired vehicle to award as a prize<br />

Are allowed to claim input on insurance/maintenance of a motor vehicle<br />

Except if not separately indicated on tax invoice – then denied


Deemed input tax on second-hand<br />

goods (ss 1, 18(8) and 20(8))<br />

• Second-hand goods<br />

• Acquired from a non-vendor in SA<br />

• May claim deemed input <strong>VAT</strong><br />

• 15/115 x lessor of purchase price/open-MV<br />

(even though no <strong>VAT</strong> has been paid)<br />

Goods previously<br />

owned and used<br />

Excl. animals and goods<br />

containing gold<br />

• Claimed to the extent payment has been made<br />

Incl.<br />

<strong>VAT</strong>


Example: Second hand goods<br />

Simuyne (Pty) Ltd, a vendor for <strong>VAT</strong> purposes,<br />

acquired a second-hand delivery bicycle from a<br />

non-vendor for use in its business. The<br />

purchase price of the delivery bicycle was R630<br />

and the market value was R780. The purchase<br />

price was paid in full.<br />

Determine whether any input tax may be<br />

claimed in respect of the purchase.


Solution<br />

Because the vendor has purchased a second-hand<br />

bicycle from a person not registered for <strong>VAT</strong> purposes, a<br />

deemed input tax credit can be claimed for the secondhand<br />

bicycle. The deemed input tax credit is based on<br />

the lower of the consideration paid (R630) or openmarket<br />

value (R780).<br />

The deemed input tax is calculated as follows:<br />

Tax fraction × consideration paid<br />

15/115 × R630 = 82.17


Second-hand goods exported<br />

Zero rating N/A if notional input was claimed<br />

by vendor/connected person of the vendor<br />

Value of supply<br />

purchase price of supplier<br />

If supplier purchased<br />

goods from<br />

connected person<br />

who claimed deemed<br />

input<br />

Greater of purchase price to<br />

vendor/connected person<br />

Zero-rating only<br />

applies to mark-up


Example: Second hand goods<br />

exported<br />

ABC CC buys scrap metal from a non-vendor for<br />

R6 000 and claims a deemed input tax<br />

deduction of R737 (R6 000 × 15/115).<br />

Explain the <strong>VAT</strong> consequences if:<br />

(a) ABC CC exports the goods for R7 000, and<br />

(b) ABC CC exports the goods for R4 000.


Solution<br />

(a) ABC CC will be required to account for output<br />

tax equal to the notional input tax claimed of R737.<br />

The output tax is based on the purchase price,<br />

irrespective of the selling price.<br />

(b) ABC CC will again be required to account for<br />

output tax equal to R737, although the selling price<br />

of the goods is less than the purchase price. The<br />

output tax is based on the original purchase price,<br />

irrespective of the selling price.


Example: Connected persons<br />

A buys second-hand goods for R2 000 and<br />

claims a notional input tax deduction of R246,<br />

then sells them to B, a connected person, for R1<br />

800. B claims an input tax deduction of R221<br />

based on the tax invoice provided by A. B<br />

exports the goods for R1 980.<br />

Explain the <strong>VAT</strong> consequences in respect of the<br />

export.


Solution<br />

B will be required to account for output tax of<br />

R246 which is equal to the deemed input tax<br />

claimable by A, a connected person.


Example<br />

Speedy purchased a motor car, a coffee machine for the canteen<br />

and a printer. He paid the following for these items:<br />

• Motor car: R143 000 (including <strong>VAT</strong> – input tax denied)<br />

• Coffee machine: R457 (including <strong>VAT</strong> – input tax denied)<br />

• Printer: R6 900 (including <strong>VAT</strong>)<br />

He then sells all three items.<br />

Explain the <strong>VAT</strong> consequences relating to the purchase and sale<br />

of the motor car, coffee machine and the printer.


Solution<br />

Provided Speedy acquired the printer for the purposes of<br />

making taxable supplies, he will be able to claim an input<br />

tax deduction on the acquisition of the printer amounting<br />

to R900 (R6 900 × 15/115). No input tax will be claimable<br />

on the acquisition of the motor car and coffee machine, as<br />

input tax deductions are specifically denied on the<br />

acquisition thereof.<br />

Speedy will be required to levy output tax on the sale of<br />

only the printer, since the said supply will be made in the<br />

course or the furtherance of his enterprise. Speedy will not<br />

be required to account for any output tax on the sale of<br />

the coffee machine and motor car, since Speedy was<br />

denied input tax deductions on the acquisition of these<br />

items.


Special rules<br />

• Instalment credit agreements and<br />

• Fixed property


Special rules – Instalment credit<br />

agreements<br />

Instalment credit agreements<br />

Suspensive sales and finance leases<br />

• supply for payment in future/instalments over a period<br />

• payment incl. finance charges<br />

• amount payable > cash value of supply (sold @ profit)<br />

Risk of ownership<br />

passes to purchaser<br />

Difference<br />

Suspensive sale<br />

• date when terms of agreement has been<br />

complied with<br />

Finance lease<br />

• date lease agreement has been concluded


Special rules – Instalment credit<br />

agreements<br />

Instalment credit agreements<br />

Value of the supply<br />

Cash sale value (excl interest)<br />

Why?<br />

Time of the supply<br />

Earlier of<br />

• Payment<br />

• Delivery<br />

Exception<br />

If the buyer has the right to return the<br />

goods within a certain time<br />

Then time of supply is when 'coolingoff'<br />

period of 5 days has expired


Example (finance lease)<br />

A bank enters into a finance lease on 15 May of the current tax year for<br />

the lease of a ‘motor car’ to a clothing manufacturer, as follows:<br />

R<br />

Cost of motor car 98 246<br />

<strong>VAT</strong> 14 737<br />

112 983<br />

Finance charges 39 200<br />

152 183<br />

The agreement states that 36 monthly instalments of R4 200 (including<br />

<strong>VAT</strong>) are payable. The motor car was delivered on 1 June. The motor car<br />

is a ‘motor car’ as defined for <strong>VAT</strong> purposes.<br />

Discuss the <strong>VAT</strong> implications of the above transaction if both parties<br />

have a 1 month tax period.


Solution (finance lease)<br />

The bank has to account for output tax on the<br />

cash value (excl. interest) of the car of (R112<br />

983 × 15/115) on 1 June.<br />

The interest is a financial service – an exempt<br />

supply.<br />

The manufacturer is not able to claim any input<br />

tax deduction, since the vehicle is a ‘motor car’<br />

as defined.


Example (suspensive-sale agreement)<br />

Assume the same information as in the previous<br />

example, except that it is now a delivery vehicle<br />

acquired in terms of a suspensive-sale agreement,<br />

which provides for a deposit of R14 000 payable on<br />

15 May of the current tax year.<br />

The monthly instalments are R3 675, and finance<br />

charges totalling R34 300 will be paid over the 36-<br />

month period.<br />

Discuss the <strong>VAT</strong> implications of the above<br />

transaction.


Solution (suspensive-sale agreement)<br />

• The only difference is that the bank now has to<br />

account for output tax of R14 737 (R112 983 ×<br />

15/115) on 15 May. This is also the date on which<br />

the manufacturer can claim the input tax of R14<br />

737, assuming that the delivery vehicle will be<br />

used exclusively to make taxable supplies.<br />

• With regard to a suspensive-sale agreement,<br />

when a deposit is paid, it is immediately applied<br />

in reducing the total consideration due.


Special rules – Fixed property<br />

If supply is subject to<br />

<strong>VAT</strong> – NO transfer<br />

duty payable<br />

IF no <strong>VAT</strong> then transfer duty<br />

0-900 000 0%<br />

900 001 - 1 250 000 3% of the value above 900 000<br />

1250 000 – 1 750 000 10 500 + 6% of the value above R 1 250 000<br />

1 750 001 -2 250 000 40 500 + 8% of the value above R 1 750 000<br />

2 250 001 – 10 000 000 80 500 +11% of the value above R2 250 000<br />

10 000 001 and above 933 000 + 13% of the value above R10 000 000


Special rules – Fixed property<br />

Time of supply<br />

Supplied by a<br />

vendor in the<br />

course of<br />

furtherance of<br />

an enterprise<br />

Not supplied<br />

in the course of<br />

furtherance of<br />

an enterprise<br />

Sale between<br />

connected<br />

persons @ MV<br />

Other<br />

By a nonvendor<br />

By a vendor<br />

E.g. house used<br />

for residential<br />

purpose<br />

Earlier of:<br />

• Date of registration<br />

• Date of any payment<br />

Only account for <strong>VAT</strong> to<br />

the extent of payment<br />

Purchaser may claim<br />

deemed input to the extent<br />

used for making taxable<br />

supplies to the extent of<br />

payment<br />

If invoice basis – can only claim<br />

once property is registered (to<br />

extent of payment)


Example<br />

Venter and Naidoo CC purchased a house from a non-vendor<br />

(South African resident) for a consideration equal to the openmarket<br />

value of R350 000 (they are not connected persons).<br />

Venter and Naidoo CC will use the house for the purposes of<br />

making taxable supplies. As the value of the fixed property is<br />

below R900 000, no transfer duty is payable on the transfer of<br />

the fixed property. The registration of the property in the<br />

name of Venter and Naidoo CC occurred on 15 April 2014.<br />

Venter and Naidoo CC borrowed money from ABC Bank and<br />

paid the full R350 000 to the non-vendor on 20 March 2014.<br />

Determine when and to what extent input tax may be claimed<br />

in respect of the purchase of the house. Take note that the CC<br />

is registered on the invoice basis.


Solution<br />

Because the vendor has purchased second-hand fixed property from a South African<br />

resident, deemed input tax may be claimed for the house.<br />

The deemed input tax credit is calculated as follows:Tax fraction × lesser of consideration<br />

paid or market value = 15/115 × R350 000 = 45 652<br />

Although the full consideration for the supply was paid on 20 March 2018, the actual<br />

registrationof the house in the name of Venter and Naidoo CC only occurred on 15 April<br />

2018 and the full deemed input tax may be claimed only after registration – in the tax<br />

period covering April 2018.<br />

If it is assumed that only 80% of the house will be used by Venter and Naidoo CC for<br />

taxable purposes, the calculation for the allowable input <strong>VAT</strong> would have been as follows:<br />

R350 000 × 15/115 × 80% = R36 522<br />

If the house was purchased by a natural person who is registered on the payments basis,<br />

the input tax will be claimable to the extent that payment has been made for the<br />

consideration. Let us assume that the natural person is going to use 80% of the house for<br />

taxable purposes, and that only R300 000 of the consideration has been paid on 20 March<br />

2018. The input tax will then be as follows:15/115 × R350 000 × 80% × R300 000/R350 000<br />

= R39 130


Output <strong>VAT</strong><br />

PAYABLE on the supply BY the vendor


Deemed supplies (ss 8, 8A and<br />

18(3))


Deemed supplies<br />

• Ceasing to be a vendor<br />

• Indemnity payments<br />

• Fringe benefits<br />

• Payments exceeding consideration<br />

• Other


Ceasing to be a vendor


Ceasing to be a vendor<br />

Value of supply<br />

NO output if<br />

input was denied<br />

Goods<br />

Account for output <strong>VAT</strong> on:<br />

Outstanding balances owing<br />

to suppliers ≤12 months<br />

Lessor of:<br />

• cost OR<br />

• open-MV on date ceasing<br />

to be a vendor<br />

Only to the extent that input were<br />

claimed on the supply that gave<br />

rise to the outstanding balance<br />

Time of supply<br />

immediately before the vendor ceases to be a vendor


Indemnity payments


Indemnity payments<br />

What is reason for this deemed supply rule?<br />

• Insurance premiums paid under a short-term<br />

insurance policy – vendor may claim input vat<br />

when receive claim – has to account for output<br />

<strong>VAT</strong><br />

Financial service<br />

= exempt<br />

• No input/output on long-term insurance<br />

No deemed supply where payments:<br />

• Are not related to taxable supplies<br />

• If input tax on the goods were denied (e.g.motor car)


Deemed supply:<br />

Indemnity payments<br />

Value of supply<br />

15/115<br />

x consideration received<br />

x % that relates to taxable supplies<br />

Time of supply<br />

date of receipt of that payment or the<br />

date of payment to another person<br />

• Insurer replaces damaged/stolen goods = NO output tax<br />

consequences (no indemnity payment)<br />

• Payment is made to a 3rd party to indemnify the vendor =<br />

vendor has to pay output tax


Example<br />

Manufacturers Ltd recently suffered a robbery at its<br />

premises. Their insurance company reimbursed them in cash,<br />

as follows:<br />

R<br />

• For delivery vehicle stolen 132 000<br />

• For passenger vehicle stolen (input tax<br />

was denied with purchase) 100 000<br />

• For microwave oven in canteen stolen<br />

(input tax was denied with purchase) 2 500<br />

Calculate the output tax in respect of the insurance<br />

payment received.


Solution<br />

• Delivery vehicle, not motor car as defined, could claim input<br />

tax in the past R132 000 × 15/115<br />

• Passenger vehicle, motor car, total reinstatement of goods<br />

where input tax originally denied – thus no output tax liability<br />

• Microwave oven, entertainment, total reinstatement of<br />

goods where input tax originally denied – thus no output tax<br />

liability


Example<br />

Ohno recently experienced flooding of the ground floor at the<br />

premises rented from Agnee CC.<br />

Ohno’s insurance company replaced the following items:<br />

• Computers R48 000<br />

• Desks and chairs R80 000<br />

• Cupboards R12 500<br />

Their insurance company also reimbursed Ohno in cash for other<br />

losses suffered as follows:<br />

• Fittings R93 600<br />

The insurance company also paid Agnee CC for damages suffered<br />

amounting to R36 000.<br />

Calculate the output tax in respect of the insurance payments and<br />

replacements.


Solution<br />

Ohno is not required to account for output tax on<br />

the replacements by the insurance company, since<br />

these replacements are not payments in money.<br />

With regard to the fittings on which input tax could<br />

be claimed in the past, output tax of R12 209<br />

(R93 600 × 15/115) must be accounted for.<br />

Ohno is indemnified by the payment of an amount<br />

of money to a third party and must account for<br />

output tax of R4 696 (R36 000 × 15/115).


Apportionment of <strong>VAT</strong><br />

k<br />

Output <strong>VAT</strong> is never apportioned for % it<br />

relates to taxable supplies<br />

2 EXCEPTIONS:<br />

• Fringe benefits<br />

• Indemnity payments<br />

(Only to the extent it relates to taxable<br />

supplies)


Example<br />

BB Bank acquired insurance cover for a<br />

computer of which 40% was used for taxable<br />

purposes and 60% for exempt supplies. The<br />

computer was stolen and the bank received an<br />

indemnity payment of R14 230 from its insurer.<br />

Calculate BB Bank’s output tax liability.


Solution<br />

R14 230 × 15/115× 40% = R742,43 output tax<br />

payable to SARS BB Bank’s output tax liability is<br />

apportioned according to 40% taxable supplies<br />

made. With the initial purchase of the<br />

computer as well as with the monthly insurance<br />

premiums paid, BB Bank was only entitled to<br />

40% of the input tax.


Fringe benefits


Deemed supply: Fringe benefits<br />

Intended to reverse portion of the input tax previously<br />

claimed by the vendor.<br />

Not salaries<br />

ONLY applicable to fringe benefits per 7 th Schedule to the<br />

Income Tax Act.<br />

No deemed supply if the fringe benefit relates to:<br />

• an exempt supply<br />

• a zero-rated supply, or<br />

• the supply of entertainment (e.g. meals)


Fringe benefits<br />

The following fringe benefits are subject to <strong>VAT</strong><br />

• Assets given to employees<br />

• Right of use of an asset given to an employee (example: use of<br />

a company car)<br />

• Services made available to the employee for private purposes<br />

• Release of debt owed to his employer


Fringe benefits<br />

Examples of fringe benefits not subject.<br />

• Allowances (e.g. travel allowance)<br />

• Subsidies (supply of money).<br />

• Supply of meals and refreshments<br />

Not 7 th<br />

schedule FB<br />

Excl. from<br />

def of goods<br />

Entertainment<br />

– input denied<br />

• Residential housing<br />

Exempt<br />

supply<br />

• Interest-free and low-interest loans<br />

Financial service<br />

- Exempt supply


Fringe benefits<br />

Value of supply<br />

(other than the use of a motor vehicle)<br />

Output tax = cash equivalent for income tax purposes x 15/115<br />

Apportioned to the extent that it relates to the making of taxable<br />

supplies.<br />

Employee is recipient of the fringe benefit BUT payment of output tax<br />

is the obligation of the employer and not the employee.


Fringe benefits<br />

Calculation of output tax in respect of the<br />

use of a motor vehicle:


Calculation of output tax in respect of the use of a motor vehicle:<br />

Step 1: Determine the value of the motor vehicle (excl. <strong>VAT</strong> and<br />

finance charges (Determined value)<br />

Reduce determined value: depreciation on reducing-balance method @<br />

15% for each completed 12 months from the date which vendor first<br />

obtained vehicle, to date when employee was granted the right of use<br />

Step 2: Determine the consideration for the use of the motor vehicle<br />

• x 0.3% if input tax was denied (motor car)<br />

• x 0.6% if input tax was claimed (any other vehicle)<br />

Step 3: Deduct the following:<br />

• Input tax claimed: amounts paid by the employee to the employer,<br />

excl. finance charges and fuel<br />

• Input tax denied: amounts paid by the employee to the employer,<br />

excl. finance charges, fuel and fixed cost of the motor car<br />

• R85 if the employee bears the full cost of repairs and maintenance<br />

Step 4: x 15/115<br />

Step 5: x taxable usage<br />

PER MONTH


Example<br />

An employer grants an employee the right of use of a<br />

motor car fully used for taxable supplies. The<br />

employer was unable to claim the input tax when the<br />

vehicle was purchased for R159 600 (including <strong>VAT</strong>).<br />

The employee bears the full cost of maintaining the<br />

vehicle.<br />

Calculate output tax for one month in respect of the<br />

fringe benefit.


Solution<br />

Output tax:<br />

Step 1: R159 600 × 100/115 = R138 783<br />

Step 2: R138 783 × 0,3% = R416<br />

Step 3: R420 – R85 = R331<br />

Step 4: R335 × 15/115 = R43,22<br />

Step 5: R43,22 × 100% = R43,22 output tax payable<br />

If the vehicle had not been a motor car but a delivery vehicle, the<br />

employer would have been able to claim the <strong>VAT</strong> paid on the vehicle as an<br />

input tax credit (R159 600 × 15/115 = R20 817), and output tax would have<br />

been calculated as follows:<br />

Step 1: R159 600 × 100/115 = R138 783<br />

Step 2: R138 783 × 0,6% = R833<br />

Step 3: R833 – R85 = R748<br />

Step 4: R748× 15/115 = R97,57<br />

Step 5: R97,57 × 100% = R97,57 output tax payable


Example<br />

An employee is granted the use of a company-owned motor<br />

car (input tax denied) with a determined value of R160 000,<br />

that is fully used for taxable purposes. The employee pays<br />

R600 per month that is allocated as follows:<br />

• Fuel 112<br />

• Insurance 150<br />

• Maintenance 70<br />

• Interest 168<br />

• Fixed costs of car 100<br />

Total 600<br />

Calculate the <strong>VAT</strong> consequences of the above.


Solution<br />

Step 1: R160 000 (determined value already excludes <strong>VAT</strong>)<br />

Step 2: R160 000 × 0,3% = R480<br />

Step 3: R480 – R150 (insurance) – R70 (maintenance) = R260<br />

• The fuel (zero-rated), interest (exempt), and fixed cost (input tax denied)<br />

are not deductible.<br />

Step 4: R260 × 15/115 = R33,91<br />

Step 5: R33,91 × 100% = R33,91 output tax per month payable by the<br />

employer on the fringe benefit<br />

• Additional output tax on consideration received:<br />

The employer must also account for output tax on the consideration paid<br />

by the employee to the employer in respect of the insurance and<br />

maintenance. (The employer probably claimed the <strong>VAT</strong> on these expenses<br />

paid by him.)<br />

R150 + R70 = R220 × 15/115= R21,29 output tax


Example<br />

The use of a delivery truck, with a determined value of<br />

R35 000, of which 60% was used for taxable supplies<br />

and 40% for non-taxable supplies, is granted to an<br />

employee. The employee pays R80 for fuel to the<br />

employer.<br />

Calculate the <strong>VAT</strong> consequences of the above.


Solution<br />

Step 1: R35 000 (determined value already excludes <strong>VAT</strong>)<br />

Step 2: R35 000 × 0,6% = R210<br />

Step 3: R210 – Rnil = R210<br />

• No deduction for fuel – zero-rated (note)<br />

Step 4: R210 × 15/115= R27,39<br />

Step 5: R27,39 × 60% = R16,43<br />

• Note<br />

The fact that the employee also pays for the fuel does<br />

not give rise to another output tax, because it is a zerorated<br />

supply.


Fringe benefits<br />

Time of supply<br />

• the end of the month in which fringe benefit is<br />

granted to the employee.<br />

• if not required to be incl. on a monthly basis, the last<br />

day of the yoa of the employee.


Payments exceeding<br />

consideration


Payments exceeding consideration<br />

• If amount received i.r.o. taxable supply > consideration charged and<br />

• Amount not refunded within 4 months<br />

• Then excess payment = deemed to be consideration for services<br />

supplied<br />

• If excess payment is refunded after output tax has been accounted for,<br />

vendor will be entitled to claim an additional input tax credit<br />

Value of supply:<br />

• The excess portion of the payment received.<br />

Time of supply:<br />

• The time of supply is deemed to be the last day of the tax period during<br />

which the 4-month period ends.


Other


Connected persons<br />

Time of<br />

supply<br />

• Time of removal (removal of goods)<br />

• Time made available (if goods not to be<br />

removed)<br />

• Time of supply of (service)<br />

Value of<br />

supply • Open-MV<br />

If connected<br />

person was not<br />

able te claim<br />

FULL input <strong>VAT</strong>


Value vs consideration of a supply<br />

Value of a supply<br />

Consideration for a<br />

supply<br />

Amount excl. <strong>VAT</strong><br />

Amount incl. <strong>VAT</strong>


Adjustments: Irrecoverable debts


Adjustments: Irrecoverable debts<br />

E.g. sales<br />

Accounted for output tax in respect of a taxable supply<br />

All/part of the consideration becomes irrecoverable<br />

Claim input tax deduction of amount written off<br />

No adjustment needed if<br />

zero-rated supply<br />

If debt recovered again – pay output tax on amount recovered


Example<br />

For accounting purposes, Talita (Pty) Ltd wrote<br />

off R4 633 as bad debts. This amount comprises<br />

an amount of R2 850 owing by a local debtor<br />

and an amount of R1 783 owing by an export<br />

sale debtor.<br />

Calculate the <strong>VAT</strong> consequences of the above<br />

in the books of Talita (Pty) Ltd.


Solution<br />

Local debtors – Claim input of R2850 x 15/115<br />

Export debtors – R1 783 – no adjustment needed<br />

if zero-rated supply


Adjustments: Irrecoverable debts<br />

Vendor who does not pay his creditors within 12 months<br />

Vendor (invoice basis) – claimed input tax (eg. Purchases)<br />

Full consideration not paid within 12 months from end of tax<br />

period deduction was claimed<br />

Account for output tax of 15/115 x unpaid consideration


Cancellation of registration<br />

• Apply in writing<br />

• No longer satisfies the requirement for been<br />

registered<br />

• Ceases to carry on an enterprise (Advise SARS<br />

within 14 days before deregistration)<br />

• SARS can also decides on its own to cancel a<br />

person’s registration (supplies


Record Keeping, penalties and Interest<br />

• Keep records for 5 years<br />

• Record on how the system works, how output<br />

and input <strong>VAT</strong> was calculated<br />

• Keep record of invoices, books of accounts.<br />

<strong>VAT</strong> calculations, banks statements, deposit<br />

slips etc<br />

• Late payment – pay penalty of 10%plus<br />

interest on the prescribed rate<br />

138


139


140


The influence of <strong>VAT</strong> on income tax<br />

calculations

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