2019
Finance
No. 1/2019
(d) in the case of a supply of an immoveable goods, at the time the recipient
takes possession of it; or
(e) in the case of a supply of a service at the time the service is performed;
whichever time is earlier.”.
16 Postponement of tax on exportation of unbeneficiated platinum
Despite section 14(2) of the Finance Act, 2014, section 12D(“Collection of tax on
exportation of unbeneficiated platinum, determination of value thereof”) of the Value
Added Tax Act [Chapter 23:12] has effect from the year of assessment beginning on
the 1st January, 2022.
17 Amendment of section 15 of Cap. 23:12
Section 15 (“Calculation of tax payable”)(2) of the Value Added Tax Act [Chapter
23:12] is amended in paragraph (a) by the insertion of the following proviso thereto—
“Provided that if the registered operator can show good cause to the
Commissioner for extending the time for claiming a deduction of amount of input
tax, the Commissioner may allow such a claim from the time a registered operator
was required to make a return.”.
18 Amendment of section 16 of Cap. 23:12
Section 16 (“Permissible deductions in respect of input tax”)(2) of the Value Added
Tax Act [Chapter 23:12] is amended by the insertion of the following paragraph after
paragraph (d)—
“(e) that results from the application of a rate of exchange in excess of the
parity rate of one United States dollar to a bond note unit, if the goods
and services in question were acquired by such registered operator
in a legal tender other than foreign currency (for the purposes of this
paragraph “legal tender other than foreign currency” has the meaning
given to that term in section 38(9)).”.
19 Amendment of section 38 of Cap. 23:12
With effect from the 1st January, 2019, section 38 (“Manner in which tax shall
be paid”) of the Value Added Tax Act [Chapter 23:12] is amended—
(a) by the insertion after subsection (4) and the following subsection—
(b) by the insertion after subsection (8) of the following subsection—
“(4a) For the purposes of subsection (4)—
(a) if the price for the taxable supplies in question is paid for
in a foreign currency, then the registered operator shall
pay the amount of the tax to the Commissioner in that
foreign currency;
(b) if the price for the taxable supplies in question is paid
for in legal tender other than foreign currency, then the
registered operator may pay the amount of the tax to
the Commissioner in that legal tender or in a foreign
currency.”;
“(9) In subsections (4) and (4a)—
“bond note” means a unit of legal tender whose par value
in relation to the United States dollar is backed by a
guarantee extended to the Reserve Bank by one or more
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