BAF 306 BAF 3 - Imposition and Liability of VAT
BAF 306 BAF 3 - Imposition and Liability of VAT
BAF 306 BAF 3 - Imposition and Liability of VAT
BAF III – BAF 306 Public Finance & Taxation II (Nov, 2023)
3.0 Imposition and Liability of VAT
chargeability provision,
person liable to pay VAT,
VAT rate and amount of payable,
Exemptions,
Value of import,
value of supplies,
consideration of supplies,
subject matter of supplies,
when VAT become payable (Time of supply)
Imposition and Liability of VAT
Chargeability Provision as per VAT Act S.3 states
Value added tax shall be imposed and payable on
taxable supplies and taxable imports.
Person liable to pay VAT, as per VAT Act S.4 states,
The following persons shall be liable to pay value added
tax-
a) in the case of a taxable import, the importer;
b) in the case of a taxable supply that is made in Mainland
Tanzania, the supplier; and
c) in the case of a taxable supply of imported services,
the purchaser.
VAT rate and amount of payable
VAT rate and amount of payable as per VAT Act S.5
I. The amount of value added tax payable shall be
calculated by multiplying the value of the supply or
import by the value added tax rate, which shall be
eighteen percent (18%).
II. Where the supply or import is zero-rated, the value
added tax rate shall be zero percent.
III. Where a supply is both exempt and zero-rated, the
supply shall be zero rated.
IV. Where the supply is both exempt and taxable at
standard rate, the supply shall be taxable at standard
rate as specified under this section.
Exemptions,
Exemptions and rates to be specified by law as per VAT
Act S.6 (read Section 6) and exemption schedule
Read VAT Act S.95
Read VAT Act Schedules from Pg 76
i. Part I : supplies And Imports Exempt From Value Added
Tax
ii. Part II : Imports Exempt From Value Added Tax
Value of import
VAT Act S.9 states that, The value of an import of goods
shall be the sum of-
a) the value of goods for the purposes of customs duty
under the East African Customs Management Act,
whether or not duty is payable on the import;
b) the amount of any customs duty payable on the import;
and
c) the amount of any tax, levy, fee, or fiscal charge other
than customs duty and value added tax payable on the
import of the goods
Value of import Example
Ushirika Co. Ltd imported goods worth Tshs 20,000,000 from
China with custom value of 30,000,000, after paying freight of
Tshs2,000,000; insurance for Tshs1,000,000 and Tshs200,000
for clearance at a China port. Determine the taxable value for
VAT purpose given the import duty as 25%, excise duty of
20%, Railway and Development Levy of 1.5% and VAT rate of
18%.
The taxable value of imported goods is the value of the
goods after including other expenses and taxes except
VAT according to customs valuation model.
Therefore the taxable value of imported goods is
computed as follows:
Value of import Example
Details Amount
A. Costs 20,000
B. Freight 2,000
C. Insurance 1,000
D. Clearance 200
E. Total before import duties (A+B+C+D) 23,200
F. Import duties 25% (E*25%) 5,800
G. Valued before excise duty (E+F) 29,000
H. Excise duty 20% (G*20%) 5,800
I. Railway and development Levy at (1.5% of E) 348
J. Taxable value (G+H+I) 34,800
VAT payable (J*18%) 6,264
Subject Matter of Supplies
VAT Act S.12
VAT Act S.12(1) Anything capable of being supplied by
any person other than money shall be the subject
matter of a supply.
VAT Act S.12(2) For purposes of this Act, every supply
that is, or capable of being made shall be recognised as-
a) a supply of goods;
b) a supply of immovable property; or
c) a supply of services.
Read the whole section VAT Act S.12
Consideration of supply
VAT Act S.13(1) For purposes of this Act, “consideration” as
used in relation to a supply, means the sum of the following
amounts;
a) The amount in money paid or payable by any person,
whether directly or indirectly, in respect of, in response to,
or for the inducement of the supply; and
b) the fair market value of anything paid or payable in kind,
whether directly or indirectly, by any person in respect of,
in response to, or for the inducement of the supply.
Read the whole section VAT Act S.13
When Value Added Tax Becomes Payable
When value added tax becomes payable as per VAT Act
S.15 states;
The value added tax imposed on a taxable supply shall
become payable at the earlier of-
a. the time when the invoice for the supply is issued by
the supplier;
b. the time when the consideration for the supply is
received, in whole or in part; or
c. the time of supply.
Value of Taxable Supply
Value of Taxable Supply as per VAT Act S.17 states;
i. The value of a taxable supply which is made in Mainland
Tanzania shall be the consideration for the supply
reduced by an amount equal to the tax fraction of that
consideration.
ii. The value of a taxable supply of imported services shall
be the consideration for the supply.
iii. The value of a supply that is not a taxable supply shall
be the consideration for the supply.
iv. The value of a supply made without payment of
consideration shall be a fair market value.
THANYOU
END