VAT Notes..
VAT Notes..
VAT Notes..
Any person who is supposed to charge VAT must be registered under VAT. Thus each
registered person from manufacturer to retailer is supposed to charge VAT on taxable
supplies made by him (sales).
At the same time, when that person makes purchases, is charged VAT on the taxable
purchases (Input VAT). Therefore the person should pay to or recover from an amount
from TRA on the difference between VAT charged by him on taxable sales (Output VAT)
and VAT charged by him on taxable purchases (Input VAT).
Types of VAT
The selection of an appropriate type of VAT is crucial in the formulation of a viable VAT
system. There are three possible VAT options: consumption, income, and gross domestic
product types.
Under consumption VAT all supplies of goods and services including purchases of capital
goods are taxable and their input taxes are deductible in the period of acquisition .In this
case, the firm in question is allowed to deduct the gross value of its product not only the
noncapital inputs purchased from other firms but also the capital equipment so purchased
i.e. the tax base is sales proceeds minus (capital goods purchased + materials purchased).
Production VAT recognizes only revenue transactions and totally disallows input taxes
deduction on capital goods. The tax base under gross product VAT for any firm is just sales
minus materials (other than capital goods/fixed assets). This kind of VAT discourages
investment because the VAT paid on purchase of fixed assets is not refunded.
Input tax paid on purchases of capital goods is spread over the life span of the product or
Assets. In the income approach, all goods and services supplied are taxable but inputs paid
on the purchases of capital goods are spread over the span of the products or assets as
deprecation. Hence, the tax base is sales proceeds less material purchased + depreciation
of capital equipment.
(i) It is a broad –based tax. VAT covers many goods and services.
(ii) VAT promotes efficiency in production
(iii) VAT has a neutral distributive effects
(iv) VAT is simple in administration e.g only two tax rates (0% and 18%)
(v) VAT minimizes tax evasion, as selling prices are inclusive of VAT. Therefore, the
customer has no option to evade VAT.
(i) Generally, the VAT is regressive in nature. The rich and the poor have to pay the
same rate of VAT on commodities. This may further increase income disparities
among the rich and the poor.
(ii) VAT increases costs of goods and services for final consumers. This increase in
price might results in inflation.
(iii) There is need for appropriate record keeping and frequent crosschecking. This
tends to impose burden to small firms. E.g. monthly filling requirement, the
apportionment of input tax.
In the design of VAT, there are three options for VAT computation:
This method takes the total of rewards to factor of production and applies tax rates on that
figure. The rewards might include wages, interest, rents, and profits
Under this method the tax base is found by deducting purchases from sales. Under this
method the tax base for a VAT is calculated as Gross receipts less purchases of goods (less
capital goods if VAT is consumption VAT)
The credit method requires the deduction of input tax from output tax in every VAT
accounting period.
This is the method Tanzania use for its VAT. Therefore, under the tax credit method, a
taxpayer is allowed to deduct all deductible taxes paid (and payable) from all taxes collected
(and collectible) in the respective reporting period.
VAT on transactions
Under this level/stage, whenever a registered person makes sales the VAT will be calculated
and when the person makes purchases the VAT will also be calculated i.e. input tax
Note:
Imposition
Value added tax is imposed and payable on taxable supplies and taxable imports. (Sec 3)
SUPPLIES
A supply can be defined as something, goods or services available for another person either
for consideration or otherwise.
Types of supply
For VAT purposes, there are 3 types of supply. These are:
(i) Taxable supplies
Standard rate - 18%
Zero rate – 0%
(ii) Exempt supplies
(iii) Outside the scope
Are supplies which VAT is imposed. Under the Act, is defined as supplies other than exempt
supply.
At standard rate
At zero rate
The zero rated supplies are specified from section 54 to 63 of the Act as follows:
1. A supply of immovable property, if the land to which the property relates is outside
the United Republic.-section 54
2. A supply of goods exported outside URT including goods supplied to a tourist or
visitor by a licensed duty-free vendor-section 55
3. A supply of goods by way of lease, hire, license, or similar supply, to the extent that
the goods are used outside the United Republic. However, if the goods are a means
of transport and the total period of the lease, hire, license, or similar supply is equal
to or less than thirty days, are not zero rated –section 56
It is a supply in which no VAT is chargeable. Section 2 of the VAT Act defines exempt supply
as a supply which is specified as exempt under the Act.
1. Agricultural implements
2. Agricultural inputs
3. Livestock, basic agricultural products and foods for human consumption
4. Fisheries Implements
5. Bee-keeping implements
6. Diary equipment’s
7. Medicine or pharmaceuticals products, including food supplements or vitamins
supplied to the Government entities
8. Articles designed for people with special needs
9. Education materials
10. Health care
11. Immovable property
12. Educational services
13. Intermediary Services
14. Government entity or institution
15. Petroleum products
16. Supply of water, except bottled or canned water or similarly presented water.
17. The transportation of person by any means of conveyance other than taxi cabs,
rental cars or boat charters.
18. Supplies of arms and ammunitions, parts and accessories thereof, to the armed
forces.
19. Funeral services, for the purpose of this item funeral services includes: coffin,
shroud, transportation, mortuary and disposal services of human remains
Examples:
-Depreciation –Donations, Gifts –Wages, Interest –Rent on land
Thus, the supply as a whole must be considered in order to determine the rate of tax due (if
any). The composite supply applies where there is a principal element as well as an ancillary
element and where ancillary element would not be supplied on its own without the principal
element. An ‘ancillary service’ is defined as something that does not constitute for customers
an aim in itself but is a means of better enjoying the principal service supplied. Example
Supply of mobile phone with an instruction manual
Supply of lectures and learning materials
Supply of Computer software coupled with training on how to operate
Multiple supply
Multiple supply is defined as being two or more supplies made in conjunction with each
other to a customer for a total consideration covering all those where each of those supplies
are physically and economically dissociable from each other.
For example a car dealer may sell new or used cars with one year’s free servicing.
A computerized accountancy package is sold with one year's after sales support.
In this arrangement each of this supplies made in conjunction with others is treated
as an individual supply and taxable /exempt in its own right.
Place Of Taxation For Goods And Services.
VAT is a destination based tax, i.e., the goods/services will be taxed at the place where they
are consumed and not at the origin. So, the state where they are consumed will have the
right to collect VAT. This, in turn, makes the concept of place of supply crucial under VAT as
all the provisions of VAT revolve around it.
The Time When Value Added Tax Becomes Payable (Time of Supply)
The tax point is the time when a supply is deemed to have taken place for VAT purposes.
The tax point is important in respect of supplies for VAT purposes because:
The tax point is used for determining the tax period in which VAT relating to the supply
should be accounted for and;
The tax point is used to decide which scheme or VAT rate will apply to a supply when
there is a change in the VAT scheme of VAT rate.
Section 2 of the VAT Act, 2014 provides the rules for determining time of
supply as follows Time of supply
in relation to a supply of goods, the time at which the goods are delivered or
made available;
In relation to a supply of services, the time at which the services are rendered,
provided, or performed;
In relation to a supply of immovable property, the earlier time at which the
property is created, transferred, assigned, granted, or otherwise supplied to
the customer; or delivered or made available.
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) Of the amount of any customs duty payable on the import; and
c) To the extent not included under paragraph (a) or (b) in respect of
i. The cost of insurance and freight incurred in bringing the goods to Mainland
Tanzania; and
ii. The amounts of any tax, levy, fee, or fiscal charge other than customs duty and
value added tax payable on the import of the goods.
VAT is charged and thus payable by every person registered under the provisions of the VAT
Act, 2014 to become a VAT registered trader. Other traders or any other persons who are
not registered for VAT are not allowed to charge VAT whatsoever.
If a person’s taxable sales exceed the registration threshold or have the reason to believe
that it will exceed, then the person need to register.
The registration limit is currently a cumulative total taxable turnover of TZS 100,000,000 for
the last twelve consecutive months. Whether the threshold is exceeded or not may be tested
as follows:
(b) The person makes or will make supplies that will be taxable supplies if the person is
registered;
(c) Specify the period within which the intended economic activity commences production of
taxable supplies.
Once registered, the taxable person will be issued with a registration certificate and the VAT
Registration Number (VRN).
The taxable person will be required to display the certificate at a conspicuous place in the
business premises. Moreover, he will be required to quote the VRN number on each tax
invoice issued. Then the person will be entitled to the following requirements:
On top of the above requirements, the registered person is required to notify the Commissioner
in writing in respect of “changes in business circumstances”.
with this situation, under section 37 ,a registered person shall, notify the Commissioner
General in writing; within fourteen days of the occurrence of the following changes-
a) The name of the registered person, business name, or trading name of the
person;
b) The address or other contact details of that person;
c) One or more places through which the person carries on an economic activity in
Mainland Tanzania;
d) The nature of one or more of the economic activities carried on by the person;
e) The person’s status as a registered person; and
f) Any other changes as prescribed in the regulations.
DE-REGISTRATION
Is the process of removing or cancelling a registered person from the VAT registration.
Circumstances for deregistration
(i) Taxable person ceases to make taxable supplies. If a taxable person ceases to
make taxable supplies such person will then be cancelled from VAT registration.
(ii) Taxable turnover falls below the registration threshold. A registered person ceased
to be liable for registration when the Commissioner is satisfied that the level of
taxable supplies has fallen below the registration threshold.
(iii) Cessation of economic activity /business. If a registered person ceases to carry
on an economic activity and will no longer carry on a business, the registration
may be cancelled. Section 41(1) (b) gives powers to the Commissioner General to
cancel the registration of a person who is not carrying on an economic activity;
(iv) Provision of false or misleading information. Section 41(1) (a) provides that, the
commissioner may cancel the registration of the person obtained registration by
providing false or misleading information.
Procedures for Calculating and Payment of Net Amount (VAT Payable or Refundable)
VAT on a taxable supply of goods or services shall be payable by a taxable person at
the end of a prescribed accounting period or at any time which the Commissioner
may prescribe.
The prescribed accounting period currently prescribed by the Commissioner is each
calendar month.
INPUT TAX DEDUCTION
A taxable person is entitled to claim as a deduction any VAT he has incurred on acquisition
of goods or services for the purpose of business.
The input tax is claimed by deducting it from the output tax in the VAT return.
Conditions for input tax deductions
i. A person seeking to claim input tax must hold satisfactory documentary evidence
e.g fiscalized involve or receipts.
ii. The supply must be incurred for the purpose of business.
iii. The amount that is claimed must be VAT charged by another taxable person or
related to taxable importation. iv. The input tax claimed should not been incurred
for more than six months from the date of invoice.
iv. The purchases must not be subject to restrictions i.e. should not be non-creditable
purchases as defined in VAT
The means that the importer of service is regarded, the purchaser as well as the seller
of the services.
Hence the importer shall account both the output tax and input tax on the transaction.
The effect of the procedure is that, there is no financial impact on the taxable importer
since the imported services is treated as the supply made to him, also as a supply
made by him (sales).
The rationale for reverse VAT system/reasons
i. The reverse VAT system moves/shifts the less responsibility for the reporting of
VAT transaction from the seller to the buyer of service to avoid multi-VAT
registration in the country of sales.
ii. . To prevent VAT fraud by not allowing foreigners to charge VAT and disappear
with the amount
iii.
Partial input tax credit s.70
The registered person who deals with both taxable and exempt supplies is subject to partial
input tax credit on goods and services incurred for making both exempt and taxable supplies.
The law limits the right to claim input tax incurred for the purpose of making both taxable
and exempt supplies and allow full credit on input tax credit for making taxable supply only.
Input tax incurred for making exempt supply only should not be allowed.
S.70 (2) together with regulation 27 provides the formula to apportion the input tax that is
incurred or making both taxable and exempt suppliers.
The regulation provides steps that are to be followed in order to calculate the deductible
input tax as follows:
Steps 1: Categorize input tax into the following categories;
Category A – Input tax that is directly attributable to taxable supplies in a given period
Category B – Input tax directly attributable to exempt supplies in a given period
Category C – input tax attributable to both taxable and exempt suppliers in a given period.
Step 2: Calculate the proportion of taxable sales (VAT exclusive) to total sales i.e. taxable
and exempt sales.
Step 3. Multiply the proportionate obtained in step 2 by the amount obtained in category C
in step 1.
Therefore= input tax to be claimed
= A + Taxable sales x C All sales Where by A = input tax in category A
C = input tax in category C
Note: input tax in category B is totally derived, i.e. not deductible
NOTE: The above offences attract a fine of 100 up to 200 C.P or imprisonment for 1 to 2
years or both.
Tax Invoices
(1) A tax invoice shall prominently bear the words “tax invoice” on its face.
(2) A tax invoice for the supply of goods or services shall include the following particulars,
namely:-
(a) The taxable person’s name, address, TIN and VAT registration number.
(d) The customer’s name, address, TIN and his VAT registration number;
(e) A description sufficient to identify the goods or services supplied which includes the
quantity of goods or the extent of services supplied, tax exclusives price for each
description of goods or services supplied, rate of tax, and
VAT REFUND
Refers to situation where the taxable person is being repaid the taxes by the tax authority.
Circumstances for VAT refund
Excessive credit (i.e excessive input tax) in a particular period (i.e there are more
purchases than sales)
Purchases of expensive capital goods
Zero rated supplies i.e there is no output tax charged on zero rated suppliers, but the
input tax was incurred on their purchases.
Supply made to relieved persons e.g. diplomats
Over payment. This is when a taxable person over pay the amount of VAT required.
ii. Supplier – in case of taxable supplies that is meant tin mainland Tanzania
iii. Purchaser – in case of taxable supplier of imported services.
When value added becomes payable VAT becomes payable at the earlier of
a) The time when the invoice is issued by a supplier
b) The time when the consideration for the supply is received
c) The time of supply. Note: time of supply means in relation to supply of goods the
time at which the goods are delivered.
In relation to supply of services, the time in which the services are rendered.
Where does VAT apply?
Taxable supplies
Taxable imports
REVIEW QUESTION
Question 1
Joshua Co. Ltd imported goods worth TZS 20,000,000 from London, after paying freight of
TZS 2,000,000; insurance for TZS 1,000,000 and TZS 200,000 for clearance at a UK 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.
Question 2
Nchimunya started running a retail business making standard rated taxable supplies on 1
June 2017. She made sales of Tshs 6,000,000 in the month of June. Her sales increased by
Tshs 21,000,000 each month from July 2017 to November 2017. From December 2017, she
expects sales to be Tshs 17,000,000 per month. Her standard rated expenses were Tshs
35,000,000 per month and are expected to remain at this level in future. Nchimunya is not
sure whether she is required to register her business for Value Added Tax.
Required
Question 3
Question 4
Maziku Limited is a cooking oil processing company located in Ndala, Tabora region, and is
registered for value added tax (VAT). Maziku Limited entered into the following transactions
in the month of September 2018:
1. Sold taxable supplies to customers as follows: Sales to VAT registered customers Tshs
3,835,000 (VAT inclusive) and Tshs 675,000 to unregistered customers.
3. Bought stationery worth Tshs 65,000 from suppliers who are not registered for VAT.
6. Paid for electricity and telephone at Tshs 32,140 and Tshs 44,100, respectively.
7. A consultant on production processes was hired from South Africa. The consultant has no
local office; as a result he is not registered for VAT. He invoiced Tshs 1,650,000 for the work
done.
Required:
Calculate the VAT payable or any excess carried forward for the period
Question 5
State any four (4) conditions which must be met for a business to claim bad debt relief. (4
marks)
Question 6
(a) Daudi came to you for advice, he is about to commence a business on 1st December,
2019 as a sole trader. He will be engaged in selling motor vehicle accessories which are all
standard rated for VAT purpose. His business plan indicates that his turnover will be
approximately TZS.45, 000,000 for the first three months. He will have substantial
expenditure on equipment and stocks. He is new in the business and seeks your advice on
the VAT implication of running this sort of business.
REQUIRED:
(b) Below is the extract of the business transactions from the shop of Asha for the month of
January 2019, who deals with mixed business and is VAT registered.
8. Electricity TZS.260,000
Also, the sales book has the following detail (VAT Exclusive)
1. Sugar TZS.3,000,000
7. Sorghum TZS.300,000
8. Rice TZS.200,000
Additional information
- Owner took packed cow milk costing TZS.65,000 for home consumption
REQUIRED:
Calculate the amount of input tax refunded in the filing of the VAT return. (10 marks)