Value Added Tax

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TAXATION AC 321B Value Added Tax

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© Sando, James Mahanga

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Value Added Tax (VAT) • Introduction • Advantages

of VAT

• Shortcomings of VAT • Basic

principles of VAT in Tanzania

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Value Added Tax (VAT) •

Introduction – VAT was introduced on July 1, 1998. – It partially replaces sales tax, stamp duty, hotel levy and entertainment tax – Value Added Tax is a broad-based consumption tax – It is charged on a wide range of goods and services and on imports (taxable supplies) – Unlike sale tax it is levied at every stage in the production and distribution chain. – The tax base is the value added (incremental value) to goods and services. – The rate of tax is 20% standard rate or zero rate. – The tax is collected and paid by VAT registered traders who remit it to the revenue authorities monthly.

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Advantages of VAT – VAT has been introduced as a tax reform measure. – The tax has several advantages over sale tax from the point of

view of the government, business and the consumer. – Broad tax base

1) In view of the broad broad tax base revenue revenue yield is generally generally higher and stable and is less susceptible to fluctuations. Increased revenues are the major goal of VAT. 2) The tax tax has some elements elements of self-checking mechanism mechanism to minimize evasion. One person’s out tax tax becomes the input tax of another. another. VAT facilitates cross checki ng of sales between traders. 4/20/2009


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Advantages of VAT – Broad tax base 3) As the tax tax paid on purchase purchasess of inputs inputs if fully creditable it does not form part of the cost of busines s. Conseque ntly, the tax does to some extent not influence business decisions. decisions. It creates a conducive climate for investors. 4) Zero rating provision encourages exports because because the tax on exports is refundable in a transparent and simple manner. Zero rating ensures that exports enter the international market free of tax to make them more competitive.

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Advantages of VAT – Broad tax base 5) Administrative Administrative advantages: advantages: VAT VAT is relatively relatively less complex than than sale tax. There is no multiplicity of of tax rates. The registration threshold eliminates small business to minimize administration administration costs. costs. Culture of maintaining business records records is encouraged for proper assessment of the tax. 6) Because of the wider tax base rates are likely likely to to be generally lower 7) Lower tax may be payable by consumers consumers as “no tax on the tax” effect is possible with VAT (cascading effect)

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Value Added Tax (VAT) Advantages of VAT

•

– Broad tax base

8) VAT VAT partly eliminate eliminatess attempts attempts by businessmen businessmen to split up their businesses below the threshold in order to avoid the tax because the tax paid on inputs is still payable and it can not be claimed. •

Shortcomings of VAT 1) Regr Regres essi sivi vity ty:: •

Like all other indirect taxes VAT VAT is regressive. Regressivity is partially minimized by exempting most essential consumer items like food and health supplies and the continued use of the more progressive direct taxation.

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Shortcomings of VAT 2) Infl Inflat atio iona nary ry •

If sufficient precaution is not taken during the introduction of VAT inflation is likely to occur as prices and wage rise.

•

Because some goods and services will be taxed at the lower or higher VAT VAT rate than the previous sales tax rate inflation may may not necessarily follow the introduction of VAT. VAT.

•

Some of the precautionary measures against possible inflation following the introduction of VAT VAT are:

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Some of the precautionary measures against possible inflation following the introduction of VAT VAT are: –

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Sales tax paid on business stocks at commencement of VAT is set off against VAT payable in the first month of VAT VAT regime. The set off removes double taxation on opening business stocks at the commencement of VAT.


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Some of the precautionary measures against possible inflation following the introduction of VAT VAT are: –

Conduct intensive public e ducational programme programme to inform businesses and consumers the expected effects of VAT on the general price level.

3) Busine Business ss reco record rdss keepin keeping g •

The claim that small business may find it difficult to maintain the required VAT VAT records may be exaggerated.

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Shortcomings of VAT 3) Busine Business ss reco record rdss keepin keeping g •

Proper business recor records ds are necessary for all businesses.

•

Adequate records are required for other taxes too such as income tax

•

It is more important to note that only businesses with Tshs.20 million or more turnover are required to register for VAT.

•

This threshold excludes most of the small businesses from registration.

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Basic Principles of VAT in Tanzania –

Scope of VAT •

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VAT is charged on: –

The supply of goods and services in Mainland Tanzania made by any taxable person in the course of or furtherance of his business. The supply of goods and/or and/or services must qualify as a “Taxable supply”

–

The importation of goods and services by any person into Mainland Tanzania. The importer need not be registered for VAT purposes.


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VAT Rate Structure •

VAT is charged at either 20% standard rate or zero rate.

•

Tanzania has opted for the single rate of 20% standard rate because a multiple rate structure complicates the administration of the tax leading to extra compliance cost.

•

The government has elected the use of exemptions against the multiple rate structure in order to realize specific social objectives

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A single rate structure keeps the tax system simple

•

It has the following advantages: 1)

A single tax rate rate system minimizes compliance compliance costs, as tax administration administration is kept simple. The more the tax rates the higher the compliance costs and lower revenue yield.

2)

The choice choice of consume consumerr items and produc production tion inputs inputs is neutral because the effective rate of tax is the same for all taxable supplies. supplies. As a result there is no incentive for substituting the high tax supplies in favor of lower taxed supplies.

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It has the following advantages: 3)

A single rate structure structure avoids avoids taxpayer taxpayer attempts attempts to forge forge tax tax returns and misclassify supplies in order to evade tax because all supplies are taxed at an uniform rate of tax.

4)

It reduces reduces the number number of refund refund claims claims as inputs inputs are taxed taxed at the same rate as outputs. Where inputs are taxed at at a lower rate than outputs many refund claims are likely to arise. Such as a situation will tie up tax management management resources administering administering the refunds instead of concentrating on resources to increase revenue collection.


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Where VAT VAT has been paid in Zanzibar and the rate rate is equal to the rate in Mainland Tanzania Tanzania tax shall be deemed to have been fully paid on the affected affected taxable supplies of goods and services.

•

However, if the VAT rate in Zanzibar is lower than that in Mainland Tanzania Tanzania the difference has to be paid to Mainland Tanzania Tanzania at the point of entry of the goods into Mainland Tanzania.

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–

This provision means that goods and services imported from Zanzibar into Mainland Tanzania are subjected to VAT. Zanziba r is thus treated as a foreign country.

Application of VAT •

VAT is a multi-stage indirect tax.

•

It is levied by taxable persons on their taxable supplied made out and deduct the amount of VAT VAT charged on inputs (supplies received by the business)

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The balance is then paid or repaid to or from the revenue authority.

•

In other words the VAT agent pays the tax on his purchases and charges charges or collects tax on his sales and pays or remits the net amount to the government.

•

The tax charged on sales is called “Output tax” while tax charged on purchases including imports is referred to as “Input tax”


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These two concepts are fundamental features of the VAT system

•

The netting off mechanism ensures that cascading or the phenomenon of “Tax on tax” is avoided because the value added only at each stage of production and distribution distribution is taxed only once.

•

Therefore, Therefore, the value of goods and services at the point of supply to the final consumer represents the aggregate aggregate of all incremental values added by successive businessmen

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Similarly, Similarly, the tax paid by the final consumer also represents the aggregate VAT paid by successive businessmen

•

The final consumer bears the full tax as he has no opportunity to to sell to another person.

•

The tax on the supply of goods and /or services is generally the liability of the person making the supply.

•

The tax is normally payable at the time of supply.

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When an agent supplies the goods and/or services he is liable to pay the tax on behalf of his principal.

•

Where a taxable person in Mainland Tanzania Tanzania makes a taxable supply directly to a person in Zanzibar the Mainland’s tax authority will collect the output tax from the supplier in the Mainland and remit in Mainland Tanzania Tanzania will deal with the Mainland tax authorities only.

•

Please note that Zanzibar and Mainland Tanzania have separate VAT legislations © Sando, James Mahanga

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Supplies •

A taxable supply is a supply of goods and/or services made in Tanzania other than an exempt supply.

•

Zero rated supplies are taxable supplies.

•

A “supply” is generally anything done for a consideration consideration i.e. whether supply of physical goods or services rendered.

•

The most common type of supply is a sale of goods or services made in the course of carrying on a business.

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Supplies •

•

Although there is no clear distinction between between a supply of goods and a supply of services the law makes it clear that anything that does not constitute a supply of goods but is done for a consideration consideration is a supply of services. There are three major types of supplies –

Taxable supplies including zero rated supplies and special relieve.

–

Exempt supplies

–

Supplies which are outside the scope of VAT.

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Taxable Supplies: •

•

Taxable supplies are defined as “any supply of goods and or services made by a taxable person in the course of or in the furtherance of his business.” business.” The list of taxable supplies includes the following: –

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Gaming and betting of any kind such as gaming machines, lotteries, bingo, horses racing etc.

–

Gifts or loans of goods

–

Appropriation Appropriation of goods for personal personal use or consumption

–

Barter trade and exchange of goods

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Processing or treating of another person’s goods © Sando, James Mahanga

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•

The list of taxable supplies includes the following: –

Supply of power, heat or ventilation

–

Leasing or letting of goods on hire

–

Anything done for a consideration consideration

A zero rated supply is a taxable supply but it is chargeable at zero rate

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The tax on the registered businessman’s transaction is zero (nil output tax) tax) but he is entitled to a refund claim of his tax paid on his purchases (input tax) tax) unlike exemptions exemptions which provide a partial relief of tax, zero rating offers a complete


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The time of Supply •

The time of supply or tax point is when the supply of goods or services is treated as having taken place.

•

It is the date on which the tax on the taxable supply (ies) becomes chargeable or due and payable.

•

A taxable person must account for VAT in the prescribed accounting accounting period in which the supply occurs.


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Place of Supply •

The place of supply determines where the VAT liability arises.

•

Goods are deemed to be supplied in Mainland Tanzania if they are supplied within the country or if they are assembled or installed within the country. country.

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Place of Supply •

Services are deemed to be supplied in Mainland Tanzania if the supplier has a place of business within Mainland Tanzania Tanzania and nowhere else or the supplier is normally resident in Tanzania or the supplier has several places of business Mainland Tanzania Tanzania and elsewhere but the place of business most concerned with the supply of the service is in fact Mainland Tanzania.

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Value of Supply •

The value of a supply depends on whether or not it is for monetary consideration. consideration.

•

Where the consideration is not monetary or is partly for monetary and partly non-monetary value the open market value constitutes the taxable value.

•

The “open market value” is deemed to be: –

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The value at which the goods or services would fetch in the ordinary course of business where the supplier and the purchaser are not related (independen t of each other) the law sets out specific assumptions in the determination of market value. © Sando, James Mahanga

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Value of Supply •

The “open market value” is deemed to be: –

The supply is treated as delivered to the recipient at the supplier’s place of business

–

The recipient will bear freight, insurance and other costs incidental to the supply and delivery of the goods.

–

The supplier will bear any duty or tax (except VAT) and the value covers covers the right to use the patent, design or trademark in respect of the supply.

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Exempt Supplies •

Where a supply of goods or services is exempt from VAT no tax is chargeable on it.

•

The supplier of an exempt good or service can not charge VAT on these supplies to his customers.

•

Exemption from VAT means that VAT incurred on business purchases used in the production of the exempt supplies can not be reclaimed.

•

Exemption also means that where all output supplies are exempt from VAT the businessmen can not register for VAT and therefore no reclaim of VAT on inputs may be made.

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Exempt Supplies 1. Food, Food, crops crops and lives livestock tock supplies supplies 2. Pestici Pesticides des , fertili fertilizer zerss etc 3. Heal Health th supp suppli lies es 4. Educa Educatio tional nal suppl supplies ies 5. Veteri eterinar nary y supplie suppliess 6. Books Books and and news newspap paper erss 7. Transpo ransport rt servi services ces 8. Hous Housin ing g and and land land 9. Financ Finance e and insur insuranc ance e

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Exempt Supplies 10. Water Water 11. Funeral Funeral services services 12. Crude oil and petroleum petroleum products products 13. Agricultural Agricultural implementations implementations 14. Tourist services and tourist tourist charter services 15. postal postal supplies supplies 16. Aircraft maintenance

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Supplies which are outside the scope of VAT •

–

Unlike zero rated and exempt supplies there is no comprehensive or statutory list of supplies that is outside the scope of VAT.

The sale of a business as a going concern •

Where the assets of a business are sold or transferred transferred the transaction generally constitutes a taxable supply for VAT purposes

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–

Special Reliefs •

The list of special reliefs reliefs is in the Third Schedule.

•

The supplies eligible for the special reliefs are taxable but the tax is remitted because of the social or economic status status of the individuals or organization organization concerned.

Taxable Persons and VAT Registration •

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A taxable person is one making taxable supplies or intending to make taxable taxable supplie s


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VAT registration and de-registration •

A person is required to register for VAT if his annual taxable turnover exceeds Tshs.20 millions in a year.

•

In determining the taxable turnover he must aggregate aggregate the taxable turnovers of all his businesses carried out under the same legal entity including both standard rated and zero rated supplies.

•

Registration must be completed within 30 days after incorporation and becoming liable for registration.

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The certificate of registration and his taxpayer identification number (TIN) and VAT business, the date of registration number.

•

The certificate must be displayed conspicuously at the principal place of business.

•

TIN and VAT registration numbers must be quoted in all returns

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Registration Registration is required where where a person is eligible for registration

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There is no provision for group registration of companies.

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Each company within the group must register separately.

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Registration is a statutory requirements

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It is not voluntary or contingent upon realization of taxable turnover in excess of the registration threshold.


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Where an investor is registered for VAT purposes the VAT payable on any capital goods imported or purchased locally is deferred deferred to the date of commencement of production.

•

The VAT deferral is applicable whether or not the investor holds a certificate of investment under the Tanzania Investment Act, 1997

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De-registration: De-registration: Section 21 provides that any person who ceases to be liable for VAT registration is required to notify the Commissioner for VAT (C-VAT) within 30 days after ceasing to be liable.

•

Failure to to do so is an offence which is liable to a fine of Tshs.50,000 upon conviction by a competent court of law.

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If the C-VAT is satisfied that a person is no longer required to be registered he may cancel the registration and notify the taxpayer accordingly.

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Obviously the C-VAT will only cancel the registration after ensuring that any outstanding VAT on supplies or closing stocks is fully paid.

Disclosure and Accounting for VAT •

VAT must be accounted for at the time of supply.

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In order to account for the tax appropriate accounting records must be maintained for at least five years.

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The return must be filed on or by the last day of the month following the end of a prescribed period. © Sando, James Mahanga

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Disclosure and Accounting for VAT •

–

The return must contain information on the supply of goods and services made by him or to him, imports, tax deductions or credits and clearly show the net tax payable or repayable.

The Tax Invoices •

When a person supplies goods or services to another person he must issue a tax invoice.

•

This is a document containing containing information on what is sold, the outpu t VAT VAT, TIN, and VAT VAT registration numbers of both the supplier and customers customers etc.

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The Tax Invoices •

The tax invoice must be supplied within 14 days of making the supply

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Where the output tax exceeds the input tax payment must be made to the Commissioner.

•

In the case of a repayment i.e. the input tax exceeds the output tax on supplies for the prescribed period the Commissioner will refund the amount.

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Calculation of VAT •

Output tax is VAT VAT charged to customers on all taxable supplies during the prescribed period of one month.

•

The tax is not necessarily collected immediately immediately in cash because some of the sales are on credit

•

Input tax is VAT paid on all goods and services supplied to a taxable person during a prescribed period of one month.


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Calculation of VAT •

It may include input tax tax paid in Zanzibar if the goods are imported into Mainland Tanzania Tanzania for use in business as well as the input tax on goods or services imported from overseas other than Zanzibar.

•

The VAT claimed must be evidenced by a tax invoice which must not be more than twelve months old.

•

The input tax can only be fully claimed if all the supplies are taxable supplies i.e. all the supplies are standard or zero-rated

•

If this is not the case the input tax requires apportionment

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Input Tax Restrictions •

The input tax may be restricted in relation to sales or purchases.

•

Input tax can not generally generally be claimed on motor vehicles constructed constructed for over one up to 12 passengers, under 3 tons and not considered a special purpose vehicle and on entertainment expenses. expenses.

•

Where the business has exempt supplies as well as taxable supplies the input VAT reclaims will be restricted in relation to the sales.

•

A business with wholly exempt supplies can not claim any input tax

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Documentary proof required to support deduction of input tax •

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A deduction of input tax can be made in respect of supply only if: –

Tax invoice has been provided in relation to the supply and has been retained as a record by the recipient as at the time the VAT return is furnished

–

In the case of the input tax on t he importation of goods a customs single bill of entry is produced as the documentary documentary proof and the extend of how it applies to the taxable supplies.


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Methods of apportionment of input tax •

Where goods or services are acquired partly for consumption, use use or supply in the course of making taxable supplies and partly for other purposes, it will be necessary for a taxable person to apportion the full amount of VAT VAT charged to him on the a cquisition of the goods or services in order to determine what portion of the full amount of VAT VAT qualifies as deductible input tax.

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There are two methods of apportioning input tax however, however, a taxable person may choose to use either method, but once a method has been used in any lodged return, return, the same method must be used thereafter in any return lodged in the same accounting year.

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First Method 1)

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Calculat Calculate e the value value of taxable taxable supplie suppliess made in the prescribed accounting period

2)

Calculat Calculate e the value value of all supplies supplies made made in that that period period

3)

Calculate the amount amount of tax tax payable payable on supplies made made to the registered person in that period. (Total Input Tax)

4)

Divide Divide the amount amount (obtained (obtained in step step 1 for the period) period) by the amount obtained obtained in step 2 (the value of all total supplies made in the period)


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First Method 5)

The amount amount of input input tax tax to be claimed claimed as a deductio deduction n or credit in the prescribed accounting period is the product obtained by multiplying the amount obtained in step 3 by the amount obtained in step 4

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Second Method 1)

Divided input tax tax for the prescribed prescribed accounting accounting period into categories viz

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Value Added Tax (VAT) VALUE

VAT TSHS.

VAT INCLUSIVE TSHS.

a

NO Sugar

ITEM

50,000

10,000

60,000

b

Coo king Oil

75,000

15,000

90,000

c

Laundry Soap

60,000

12,000

72,000

d

Transportation of whet F Fllour & Maize

10,000

2,000

12,000

e

Bags of re-packing wheat

12,500

2,500

15,000

f

Tax invoice books

37,500

7,500

45,000

g

Electricity

10,000

2,000

12,000

h

Telephone

12,500

2,500

15,000

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Value Added Tax (VAT) VALUE

VAT TSHS.

a

NO Sugar

ITEM

60,000

12,000

VAT INCLUSIVE TSHS. 72,000

b

Coo king Oil

90,000

18,000

108,000

c

Laundry Soap

80,000

16,000

96,000

d

Toilet So ap

100,000

20,000

120,000

e

Wheat Flour

40,000

Exempt

40,000

f

Maize Flour

30,000

Exempt

30,000

Use the two methods to compute the VAT VAT Amount to be paid or claimed

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Value Added Tax (VAT) Step 1 : The Value of Taxable supplies mad e is a

sugar

60,000

b

Cooking oil

90,000

c

Laundry soap

80,000

d

To ilet soap

100,000

e

Sale of wheat flour

40,000

f

Sale o f maize flo ur

30,000

Step 2: Valueof all supplies made is

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Value Added Tax (VAT) Step 3: Tax payable on supplies made to the registered person a

sugar

b

Cooking oil

15,000

c

Laundry soap

12,000

d

Transportation of wheat flour & maize

2,000

e

Bags for re-packing wheat flour

2,500

f

tax invoice books

7,500

g

electricity

2,000

h

telephone

2,500

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10,000


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Value Added Tax (VAT) a

sugar

b

Cooking oil

10,000 15,000

c

Laundry soap

12,000

d

Transportatio n of wheat flour and maize

2,000

e

Bags for re-packing wheat flour

2,500

f

Tax invoice bo oks

7,500

g

Electricity

2,000

h

Telephone

2,500

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Value Added Tax (VAT) a

Input tax in C ategory A

37,000

b

Input tax in C ategory C

12,000

• • •

Note: •The second method of apportionment was amended by the VAT (General Amen dments) Regulations 2000 •Input tax attributable directly to exempt supplies can not be included in the calculation and is not allowed to be claimed.

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Offences, Penalties and Interest Interest •

As in all tax legislation’s legislation’s various types of noncompliance errors, mistakes or omissions committed by a taxpayer attract specific penalties.

•

It is therefore in the interest of the taxpayer to comply with the law as far as possible.

•

Some of the major offences and the appropriate appropriate penalties are stated »

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The penalty if a fine not exceeding 200,000 or imprisonment for for a term not less than two months but not exceeding twelve months © Sando, James Mahanga

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Offences, Penalties and Interest Interest

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»

The penalty for failure to file is a fine of Tshs.50,000 or 1% of the declared tax payable which is ever the greater.

»

The penalty is a fine not exceeding Tshs.200,000 or imprisonment for for a term not exceeding twelve month or to both such fine and imprisonment.

»

Upon conviction, such person shall pay the tax which would have been paid had the offence not been committed and in addition shall pay fine of Tshs.2,000,000 or be imprisonment for a term of 2 years or both. © Sando, James Mahanga

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Read about interest on tax overpaid /refund

•

Appeal

•

Powers of the Commissioner VAT

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Value Added Tax

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