Guide To Trinidad VAT
Guide To Trinidad VAT
Guide To Trinidad VAT
Trinidad House
St. Vincent Street
Port of Spain
VISIT US AT www.ird.gov.tt
GUIDE TO
VALUE
ADDED
TAX
ii
MISSION STATEMENT
To foster and promote voluntary compliance with the Tax Laws and
Regulations by:
9
iv
iii
Page
TABLE OF CONTENTS
Export of Goods
Introduction
Definitions
Person
Business Activity
Commercial Supplies
Financial Instrument
Financial Services
Page
14
16
Exempt Services
25
26
27
28
30
31
39
41
Further Assistance
42
Tax Invoices
Example of a tax Invoice: (1) detailed
(2) Simplified
Credit or Debit Notes
Records of Sales
Records of Purchase/Expenses
Imports
Exports
Goods given away or taken for your own use
The VAT Account
Example of VAT Account
-1-
-2-
INTRODUCTION
The Value Added Tax was introduced on January 01st , 1990, and is administered
by the Value Added Tax Administration Centre of the Inland Revenue Division.
The Customs and Excise Division is responsible for collecting the Value Added
Tax (VAT) on imports.
The Value Added Tax Act, #37/89 requires most businesses and many
organizations in Trinidad and Tobago to:
- Register with the VAT Administration Centre.
- Collect tax at fifteen per cent (15%) on supply of goods and prescribed
services.
- Remit the Net VAT collected to the Cashiers Unit,
Inland Revenue Division.
- File a VAT return.
DEFINITIONS
(a) PERSON
For the purposes of VAT, person means an individual, a company, an
unincorporated club or society, a joint venture, a trustee in a trust or estate, a
public or local authority, a partnership.
(b) BUSINESS ACTIVITY
A business activity includes any activity conducted as a business, trade,
association or club. The term also includes the activities of public and local
authorities.
For VAT purposes it is unimportant whether or not the activity realizes a profit,
but the activity must be one that is carried on continuously, regularly or
periodically and must involve the commercial supply of goods/services to another
person for consideration.
A number of activities are not business activities for VAT purposes.
Among these are
Employment as a salary or wage earner or engagement as a
company director or office holder.
-
-3-
-4Partnership
The Partners must complete the following:- VAT 1,
This is the application for Registration
- VAT 2,
This is where the Registration details of the Partnership are to be
Listed.
The documents to be supplied by the Partner are:- Certificate of Registration obtained from the Registrar Generals
Office.
- A Cash Flow projection for a period of twelve (12) months, starting
from the month following the date of application for Registration.
- The Board of Inland Revenue File Number.
Please note that the Income Statement must be signed by one of the Partners.
- If persons are employed by the Partnership, then an original and copy
of the Partnership PAYE file number are also required.
.
Documents Required
Sole Proprietor/Partnership
(a) Completed VAT 1 and VAT 2 forms signed and dated by a Sole
Proprietor / Partner or Partners respectively as required.
(b) Proper Identification for Sole Proprietor/Partner or for representatives,
letter of authorization from Sole Proprietor/Partner and identification of
representative.
(c) Original and copy of the Certificate of Registration.
(d) Original and copy of assignment of the Board of Inland Revenue (BIR)
tax file number and employers PAYE number (if any employees).
(e) A statement of gross sales/income for the last (12) months.
(f) For new businesses a cash flow projection in respect of gross
sales/income expected for the next twelve months of operations.
-6-
-5-
1. A completed application for Registration form (VAT 1), which must be signed
and dated by a Director.
Failure to Register
The responsibility to register lies exclusively with that person, and failure to
register carries with it certain penalties.
A person who, not being registered, makes a commercial supply by reason of
which he is required to be registered, commits an offence and is liable on summary
conviction to a fine of $15,000 and imprisonment for one year. The Board may,
additionally, in such a case, assess the person for the amount of tax that would, in
its opinion, have been payable by that person in respect of any such commercial
supply made, as if he had been registered.
STOCK ON HAND AT DATE OF VAT REGISTRATION
Where a person has stock on hand at the time he is registered for VAT, the
registered person can claim Input VAT on the stock on hand in his first tax period
if he can produce an inventory report which has been audited by a Chartered
Accountant showing that the stock in trade was on hand when he became
registered.
-8-
VAT Payable
(Output Tax)
Sales
Deemed Commercial Supplies
Bad Debts received
Credit and Debit Notes given
and received
Where to Keep
1. At the principal place of business in Trinidad and Tobago; or
2. At such other place as may be approved by the Board of Inland Revenue
How long to Keep
1. Unless otherwise notified, a person whether or not he continues to be
registered, shall be required to keep his books and records for a period of
not less than six years after the end of the last tax period to which they
relate.
TAX INVOICES
Whenever a supply of standard rated goods or services is made to a registered
person, a Tax Invoice is to be prepared.
The tax invoice must show:
Businesses operating cash registers will normally give a till slip to the customer,
inclusive of VAT. Should a customer request it, a Tax Invoice must be issued,
and must contain the information specified above.
-9-
-10-
SPECIMEN
DETAILED TAX INVOICE
Tax Invoice
VAT Registration No.:
Invoice No.:
Ms Variety Store
Milford Road
Scarborough
Tobago
Date of Purchase
22.10.07
Where a supply is cancelled, or the consideration for the supply is altered, or the
goods or services are returned to the supplier, then the recipient should be given a
debit or credit note as the case requires. Such notes should be permanently
marked debit or credit, and should contain similar information to that required for
a tax invoice.
023456
103468
1 only 6 x 9
Oriental Rug
VAT at 15%
Unit
Price
Amt.
Excl.
Of VAT
$565.28
$565.28
84.72
_______
$650.00
_______
SPECIMEN
SIMPLIFIED TAX INVOICE
Name and Address of
Business
Invoice No.
Ms Variety Store
Milford Road
Scarborough
Tobago
PURCHASES/EXPENSES
VAT # 023456
22.10.07
#1
#2
$4.00
25.95
Sub Total
Cash
Change
29.95
30.00
.05
#103468
Your suppliers Tax Invoices will give you all the details you need. Just make a
list of the invoices in the same order as you keep them, which allows individual
invoices to be easily identified. You may find it useful to number the invoices on
receipt, and record the same numbers against the entries in your listing which must
show:
-11IMPORTS
VAT is payable at the time of entry of imported goods. To reclaim the VAT you
paid, you must have official evidence of the amounts involved e.g. a copy of the
VAT Assessment Form VAT 401.
2.
At the end of each tax period you should calculate the difference between your
input tax and output tax record. (See next page).
VAT ON PURCHASE OF MOTOR VEHICLE
Where a registered person, purchases a motor vehicle which is used partly for
private use, the VAT to be claimed is restricted to the business element.
Example:
$100,000
15,000
$115,000
Assuming the vehicle has a private use element of 25%, the VAT to be claimed is
restricted to: 75% x $15,000 = $11,250.
-14-
-13-
VAT on imports
Overdeclarations of VAT
from previous periods, but not
those notified by the VAT
Office
VAT on bad debts written off
815.23
644.26
1459.49
96.85
300.50
50.25
1907.09
February
March
1280.23
1272.87
2553.10
19.60
139.20
Where the consideration is not paid in money or paid partly in money or where the
transaction is between associated persons (not dealing with each other at arms
length) the value of the supply is the open market value. The open market value
will also be used on barter transactions. Therefore if you choose to give away any
item of stock for whatever reasons, the gift will be deemed a supply and it will be
valued at the open market value.
For example, if a company gives a car to one of its directors son and invoice the
transaction at ten thousand ($10,000) dollars, however, the open market value of
the vehicle is one hundred thousand ($100,000) dollars, then the VAT will be
calculated on the one hundred thousand ($100,000) dollars.
Open market value is the amount that a buyer and seller will agree to in situation
where both parties are dealing with each other at arms length.
21.25
Imports
VAT on credits you have
received from suppliers
Total tax deductible
1907.09
Less:
VAT on credits you have
allowed your customers
27.50
2760.65
23.00
2737.65
1907.09
830.56
In respect of imports, the VAT accountable is the amount of the invoice, plus the
cost of insurance and freight as well as any other duties payable on the
importation, such as stamp duty and customs duty, etc.
BEFORE CHARGING VAT A REGISTERED PERSON SHOULD
(a)
(b)
(c)
(d)
-15TIME OF SUPPLY
The time of supply identifies the tax period in which a transaction is to be taxed.
The tax period is the period of two months for which a registered person is to
account for VAT to the Board of Inland Revenue.
The general rule is that a supply takes place on the earliest of the following:
(a) the date invoice is issued;
(b) the date of payment;
(c) the date when the goods are made available or in the case of
services, when the services are supplied;
Exceptions to the above are as follows:
-16With respect to imports, the time of supply is the date the goods are received by
customs, i.e., when the customs entry is made. In the case of self-supply, the time
of supply is when the goods are taken.
This is a very important area, since accounting for VAT in an incorrect period
could result in penalty and interest being charged.
For example, a registered person may sell an item on credit on 3/01/06 (invoice
and delivery date). Payment is received on 15/03/06. The liability of his supply to
VAT is determined by the time of supply, which in this situation is the invoice or
delivery date. Assuming then that the registered persons first tax first period ends
on 28/02/06 though payment was not received until his second tax period he would
have to account for the VAT on this sale in his first tax period.
ZERO RATED SUPPLIES
These are goods that are taxable but at a zero rate or nil rate, these supplies
include:1. (1) Any -
(a) where supplies are made under an agreement for hire purchase
or with an option to purchase, or with an option to return, the
supply is made when the goods are made available to the
recipient;
(b) where services are supplied continuously as in the case of
electricity, the time of supply is the invoice date;
(c) where services are supplied under an agreement that requires
periodic payments, the time of supply is when an invoice is
given, or where no invoice is given, the earlier of when payment
is made or became due;
(d) where goods are supplied periodically in a situation where
payment becomes due at the issue of an invoice, the time of
supply is the earliest of:
(i) the date an invoice is given;
(ii) payment date; or
(iii) the date when payment is due;
(e) with respect to construction projects, where the agreement states
that payments will be made at various stages of construction,
e.g., a deposit, a payment on completion of foundation, etc., the
supply of each stage takes place at the earliest of:
(i) the date the invoice is given for that stage;
(ii) the date payment for that stage becomes due;
(iii) the date payment for that stage is made;
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
-17(2) In this item unprocessed in relation to a food means that the food contains
no additives and that it is not the result of the application of a process other
freezing, chilling or packaging, a mechanical process, or a process that solely
employs the element of the weather.
2. (1) Any live bird, fish crustacean, mollusc or other animal of a kind generally
used as, or yielding or producing, food for human consumption.
-188B. Diabetic:
(a) diagnostic testing kits and devices for testing glucose in blood and
urine;
(b) insulin syringes with needles and devices of a type not exceeding 100
units (1.0 ml) capacity, for the administration of U-100 insulin.
8C. Medicaments (excluding goods of heading No. 30.02, 30.05 or 06) consisting
of mixed or unmixed products for therapeutic or prophylactic uses, put up in
measured doses or in forms or packings for retail sale, as contained in Customs
Heading No. 30.04 of the First schedule to the Customs Act.
4. Seeds and other means of propagation of plants and plants that are used for
providing -
7A. Bus services supplied by the Public Transport Service Corporation under the
Public Transport Service Act.
8.
-2131. The items contained in the First Schedule to the Customs Act (a) Glasses for corrective spectacles having Tariff Subheading No. 7015.10.
(b) Contact lenses of glass having Tariff Subheading No. 9001.30.
-
The frame and lenses becomes one unit (the spectacle) although that were
imported separately.
Spectacle case
Lens cleaning cloth
Where the spectacle, spectacle case, and lenses cleaning cloth are sold as
a package that sale is subject to VAT at the zero rate, i.e. NO VAT.
Also, where a spectacle frame or lens is sold separately VAT is not
applicable. However:
Where a spectacle case or lens cleaning cloth is sold as a
separate item VAT becomes due on that sale.
Pre-manufactured sunglasses, (sunglasses bought off the shelf)
and non-prescription sunglasses made to order (Plain sunglasses)
are subject to VAT at fifteen (15%) percent.
Replacement parts to spectacle frames (e.g. nose pads,
sides, tips and screw) have also been zero (0%) rated.
However:
(e)
(f)
(g)
(h)
CUSTOMS
TARIFF #
Prescription Spectacles
(lenses, frames, spectacle
case & lens cleaning cloth)
sold as a package
9003.11/9003.19
9001.40/9001.50
Spectacle frame
(sold separately)
VAT
NO
VAT
SECTION OF
LAW
Schedule 2 Item 31
9003.11/9003.19
Schedule 2 Item 31
(e) & (f)
Prescription Lenses
(Sold separately)
9001.40/9001.50
Schedule 2 Item 31
(c) & (d)
9001.30
Schedule 2 Item 31
(b)
Parts
(replacement parts e.g. nose
pads, sides, tips & screws)
9003.90
Schedule 2 Item 31
(g)
Accessories
[e.g. spectacle cords]
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Repair services
(e.g. soldering of frames and
the cleaning and polishing of
contact lenses)
N/A
N/A
-2332. The items contained in the First Schedule to the Customs Act(a) Invalid carriages, not mechanically propelled having Tariff heading No.
8713.10.
(b) Other invalid carriages having Tariff heading No. 8713.90.
(c) Parts and accessories of invalid carriages having Tariff heading No.
8714.20.
-2434. With effect, September 14th 2001, the following was amended to zero-rated
items.
TARIFF No.
Ex. 03.05
DESIGNATION
Salted Fish
st
33. With effect, January 1 , 2001, the following sporting goods, articles and
equipment.
ZERO-RATED ITEMS
Fillet salted fish that is dried but not
smoked or in brine.
TARIFF NO.
ZERO-RATED ITEMS
(a) 6402.19
(b) 6403.19
(c) 6404.111
(d) 9506.31
(e) 9506.40
(f) 9506.992
(g) 9506.912
(h) 9506.991
(i) 9506.919
(j) 9506.911
(k) 9506.999
(l) 9506.32.00
Golf balls.
(m) 9506.61.00
Lawn-tennis balls.
(n) 9506.62.10
(o) 9506.62.90
(p) 9506.69.00
Other balls.
Please Note Articles Of Clothing Used For Sporting Activities Are Subject To
VAT at the Rate of 15%.
35. With effect, September 14th 2001, the following was amended to zero-rated
items.
TARIFF No.
DESIGNATION
ZERO-RATED ITEMS
3306.101
Toothpastes
Toothpaste
Ex. 3307.20
Personal
Deodorants
Deodorants
Excluding Antiperspirant
Ex. 3401.112
Soap
Ex. 3401.191
Soap
4818.401
4818.402
Napkins
Ex. 4818.409
Diapers
5601.101
5601.102
Napkins
5601.109
Diapers
-25-
-26-
EXEMPT SERVICES
-28-
-27within the territory of Trinidad & Tobago such goods are chargeable to VAT
at the Standard Rate of 15% even if it appears that it is intended to be used
outside of the territory of Trinidad & Tobago and all VAT registered persons
will be held accountable for any VAT due and payable on such supplies.
PERSONS ORGANISING CARNIVAL ACTIVITIES AND
OTHER FORMS OF ENTERTAINMENT
The persons who could be affected include, the designers of costumes for carnival
bands, the promoters of carnival bands, arrangers, tuners of steel pans, musicians,
disc jockeys, persons offering sound systems for rent, persons providing venues
for the holding of shows and fetes, promoters of carnival shows, calypso tents and
fetes and persons selling food and drink. etc.
THE LAW
Value Added Tax is charged under Section 6(b) of the Value Added Tax Act, on
the commercial supply within Trinidad and Tobago of goods or prescribed
services by a registered person. Section 14(1) of the Act defines a commercial
supply as, a supply of goods or prescribed services that is made in the course of,
or furtherance of, any business.
From the above it can be gleaned that all goods and prescribed services are
taxable. A prescribed service means any service not listed as an exempt service
under the Act.
Thus a supply will be taxable if(a) it a good or prescribed service;
(b) it is made in the course of, or furtherance of, any business; and
(c) the supplier is required to be registered under the Value Added Tax
Act.
What Constitutes a Business
For the purposes of the Value Added Tax Act a business generally refers to a
trade, profession or vocation, but the following activities are also regarded as a
business:
(1) An activity that is carried on, whether or not for pecuniary profit, and
involves or is intended to involve, in whole or in part, the supply of
goods or services for consideration; and
(2) An activity involving the admission, for a consideration, of persons
to any premises.
In light of (1) above, the following are examples of persons who engage in
carnival related activities and who would be considered to be engaged in a
business by virtue of the fact that they offer goods or prescribed services for
consideration:
Additionally, under (2) above where an amount of money is charged for the entry
of persons to any premises, then the activity for which the charge is levied shall
constitute a business and the following persons should therefore be aware that they
would be considered to be engaged in a business under this provision of the Act:
It should be pointed out that an activity does not cease to qualify as a business
merely because it is not carried on with any degree of regularity. Hence, even a
single undertaking of an activity, for which admission is charged would be
sufficient to deem the undertaking a business.
-30-
ACCOUNT FOR VAT, at the rate of 15% on standard rated supplies (sales) made.
DISPLAY YOUR VAT REGISTRATION CERTIFICATE in full public view.
ISSUE TAX INVOICES on the supply of Vatable goods and services.
(Either a simplified tax invoice on sales in excess of twenty ($20.00) dollars or a
detailed tax invoice for any amount, if so requested).
KEEP PROPER BOOKS AND RECORDS, so as to enable the Board of Inland
Revenue to correctly calculate your Vat liability.
KEEP YOUR BOOKS AND RECORDS for a period of six (6) years.
COMPUTE YOUR VAT RETURN CALCULATIONS correctly.
INSERT MATHEMATICALLY CORRECT calculations in the designated boxes.
FILE YOUR VAT RETURN by the 25th day of the month, following the end of
your tax period.
AVOID PENALTY AND INTEREST by paying all outstanding Vat.
INFORM THE VAT ADMINISTRATION of any changes in your registration
particulars.
MAKE PAYMENTS OF VAT at Cashiers Unit, Trinidad House, Port of Spain
and any of our Regional Offices situated at #6 Prince Street, Arima, Cipero Street,
San Fernando and Sangsters Hill Tobago.
REPORT ANY KNOWN OFFENCES against the VAT Act to the
Vat Administration Centre, Port of Spain.
RETURN YOUR VAT CERTIFICATE OF REGISTRATION upon deregistration.
Failure to do so results in a fine of fifteen thousand ($15,000) and imprisonment
for one (1) year upon summary conviction.
-31-
-32-
The VAT Administration will advise each registrant as to which Category he has
been assigned.
$.
$.
The period covered by the VAT Return is referred to as the tax period. The
standard tax period is two (2) months. Persons registered for VAT are required to
submit a return and remit VAT due for each two-month period. Each return is due
on or before the 25th day of the month following the end of the tax period. There
are two categories for the two-month period.
$.
Failure to comply with this provision, can result in a penalty of thirty thousand
($30,000) dollars and a further fine of one hundred ($100) dollars for each day the
offence continues, upon summary conviction.
The total here would include the sum of (1) all sales made for the period (Cash and
Credit)
Box 3
Box 3 Shows the value exclusive of VAT of all
commercial supplies (zero-rated and standard rated)
and exempt supplies made for the period.
Zero-rated
and exempt
supplies
included
above
Box 4
Show here the total of any zero-rated and exempt
supplies included in Box 3. Write NIL where there
is none. (Schedule 1 of the Act list the goods and
services which are exempt). (Schedule 2 of the
Act list the goods and services which are zero-rated).
Total to be shown in Box 4: (A plus B)
$..
(A) Zero-Rated Supplies: $(B) Exempt Supplies: $.
Included in Box 3
included in Box 3
-33VAT on
commercial
supplies this
period
-34-
Box 5
Show here the VAT due on the commercial supplies
you have made for the period.
Total to be shown in Box 5:
15% x (Box 3 Box 4)
Box 6
Show here the net tax adjustment, if any, in respect of
(a) Items that increase output tax. (Credit notes received,
debit notes given, bad debts recovered during the
period and indemnity payments received); and
Total
commercial
supplies
received
(excluding
VAT) for
which tax
invoicing
requirements
have been
met.
$
$
$
$
$
Total (D)
Box A
Show here the sum of Box 5 plus/minus Box 6
Note:
$.
The total here would include the sum of(a) Goods acquired locally for resale
$..
(b) Goods and services acquired locally for
use in the business
$..
(c) Fixed Assets acquired locally for the
business:
(i) Motor vehicle
$..
(ii) Building
$..
(iii) Plant and Machinery
$..
(iv) Other
$..
__________
Total to be shown in Box 7
$
__________
Zero-rated
supplies
included
above
VAT on
commercial
supplies
received this
period
Box 8
Show here the total of any zero-rated supplies
included in Box 7. Write NIL if there is none
$..
Box 9
Show here the VAT charged on supplies made
to you during the period.
Total to be shown in Box 9:
15% x (Box 7 Box 8)
$..
Note: Do not use this Box to set off a refund due to you from a previous period
against the VAT on supplies made for this period.
Total Output
Tax
VAT on
Imports
Box 10
Show here the VAT paid on imported goods
entered by you during the period. Exclude the
VAT on any goods imported for non-business use.
Write NIL if no VAT on imports was paid
during the period.
$..
-36-
-35-
Tax
Adjustments
Box 12
Show the sum of Box 10 and Box 11.
If you do not make exempt supplies Box 12 will
always be equal to the amount shown in Box 10.
If you make both exempt and commercial supplies
the amount entered in Box 11 is to be deducted
from the amount shown in Box 10. Where the
figure in Box 11 is greater than that in Box 10
the difference is to be shown in Box 12 in
brackets ( ).
$...
Box B
Show the sum of Box 9 plus/minus
Box 12. If you do not make exempt supplies
Box B will always equal Box 9 plus Box 12.
Where you make exempt and commercial supplies
and the figure in Box 12 is in brackets ( ), the
amount to be shown in Box B is Box 9 minus
Box 12. Where the figure in Box 12 is not in
brackets, the amount to be shown in Box B
is Box 9 plus Box 12.
$...
Value of Supply
Tax Thereon
(1).. $ $.
(2).. $ $.
(3).. $ $.
Total (E)
$.
$..
Nature of Supply Value of Supply Tax Thereon
(1).. $... $...
(2).. $ $
(3).. $ $
(4).. $ $
Common Input Tax i.e., VAT relating to
both commercial and exempt supplies.
$...
Box 13
Show here the difference between Box A
and Box B.
VAT Payable
$...
-37VAT
Refundable
Declaration
-38VAT PAYMENT/REFUNDS
(1) Result in Box 13 VAT Refundable
The Board will increase this refund figure by the Value Added Tax withheld
by the Insurance Company.
(2) Result in Box 13 VAT Payable
(a) Where this figure is less than the Value Added Tax withheld by the Insurance
Company no payment should be made. The Board will refund the amount by
which the Value Added Tax withheld by the Insurance Company exceeds the
Value Added Tax Payable.
(b) Where the VAT Payable figure in Box 13 is greater than the Value Added Tax
withheld by the Insurance company, pay to the Board the difference.
-39-
-41-
-42-
Offence
Section 20(3): Where a person
who is required to be registered,
but is not registered, makes a
commercial supply.
2.
3.
4.
5.
$3,000.
6.
7.
$500.
8.
$3,000.
9.
$3,000.
1.
-43-
52 Cipero Street
San Fernando
Telephone: 657-6057/657-6045
657-6041/657-6024/657-6021/657-6012
Tobago
Sangsters Hill
Milford Road, Scarborough
Telephone: 639-2538
Arima
6, Prince Street
Telephone: 667-5589
OR
Taxpayer Relations Section
Ground Floor
Trinidad House
Edward Street
Port of Spain
Telephone: 868-623-2981 Ext 321 - 326
Fax:
868-623-1130
Website: www.ird.gov.tt