- 20 Marks
Question
a) Tanji Enterprises Ltd. operates a Fuel Filling Station and a huge Supermarket in Tamale within the same premises. A joint tax audit team from the LTU Office visited Tanji and noted that Tanji supplies taxable and non-taxable goods and services to customers but fails to notice the split distinction between these services. The VAT team therefore has disallowed some claims and apportioned others to reflect the true VAT claimable.
Required:
i. Explain the VAT rules for goods supplied on sale or return.
ii. Discuss the apportionment of input tax for taxable and exempt supplies.
(b).Required:
Discuss the VAT rules on the timing of supply for the following:
i. Goods or services applied to own use, gifted, or supplied under hire purchase or finance lease.
ii. Continuous or metered supplies like electricity.
iii. Goods supplied under a hire purchase agreement or finance lease.
iv. Goods or services supplied under rental agreements or periodic payments.
v. Ancillary supplies.
Answer
a)i. Goods supplied on sale or return Regulation 17 of L1 1646 indicates that: where goods are supplied on sale or return, VAT is due and the tax point shall be the earliest of
i. The date when the purchaser chooses to keep the goods; or
ii. The issue of a tax invoice by the seller; or
iii. The receipt of payment by the seller, other than a deposit; or
iv. The expiry of the period within which the customer may return the goods
v. Twelve months after the date of dispatch.
ii.a) A taxable person who makes both taxable and exempt supplies may deduct the input tax on the taxable purchases and imports which can be directly attributed only to the taxable suppliers made; except that where the fraction in this subsection and
b) below is less than 5%, the taxable person may not take credit for any input tax for the period.
b) Where a taxable person has made both taxable and exempt supplies, but
a) above, directly attribute the input tax to the taxable and exempt suppliers under a) above, he may deduct as input tax an amount that bears the same ratio as the taxable supplies bear to the total supplies, applying the apportionment formula a × b/c where a = the total amount of input tax for the period and b = is the total amount of taxable supplies made by the taxable person during the period, and c = is the total amount of all supplies by the taxable person during the period.
c) Where in applying the formula the fraction under a) and b) is less than 5%, the taxable person may not take any credit for any input tax for the period.
d) Where in applying the formula under a) and b) above the fraction is more than 95%, the taxable person may take credit for all input tax for the period.
e) The Commissioner may approve or direct an alternative method of apportioning input tax where he considers that the method described in this section will result in an unreasonable calculation of the input tax which may be deducted.
(b). i. Sec. 18 of the VAT Act, 546 indicates that VAT is due on the supply of goods and services.
Where the goods or services are applied to own use, on the date on which the goods or services are first applied to own use;
Where the goods or services are supplied by way of gift, the date on which ownership in the goods passes or the performance of the services is completed.
ii. For the use of electricity, where supplies are made on a continuous basis or by metered supplies, the time of supply shall be
i. the determination of supply, or
ii. the first meter reading following the introduction of tax, and
iii. subsequently at the time of each determination or meter reading.
iii. The supply of goods under a hire purchase agreement or finance lease occurs on the date the goods are available under the agreement or lease.
iv. Where
- goods are supplied under a rental agreement or
- goods or services are supplied under an agreement or law which provides for periodic payments
the goods or services shall be treated as successively supplied for successive parts of the period of the agreement or as determined by that law, and each successive supply occurs on the earlier of the date on which payment is due or received.
v. Where the supply of goods or services is ancillary to another supply, the time of supply of the ancillary supply shall be deemed to be the same as the time of supply for the main goods or services.
- Tags: Continuous Supplies, Hire Purchase, Own Use, Time of Supply, VAT
- Level: Level 3
- Topic: Strategic Indirect Tax Management
- Series: FEB 2007
- Uploader: Samuel Duah