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14th July 2012
Dateline October 2012- MINDING YOUR VAT BUSINESS
Dateline October 2012, is an instructional guide that seeks to ensure that everyone - taxpayer and consumer – understands what will obtain under the new system of taxation which takes effect from October 2012. This information is also downloadable from our website at www.vat.gov.lc or drop by our offices to pick up an instructional kit.

SHOULD I BE REGISTERED FOR VAT?

With the implementation of the Value Added Tax (VAT) from October this year, a threshold has been set at which persons must be registered as VAT taxpayers. For VAT purposes it is not the business activity which is registered, but the person who conducts it. The registration covers all the business activities of that person. Today’s column gives you information on who should be registered for VAT, who can register voluntarily, and why you will benefit from voluntary registration.

Who should register?
If you conduct a taxable activity that involves the supply of goods or services, you are required to register to charge VAT if you meet the registration threshold.

A “taxable activity” is defined under Section 6 of the VAT Act “as an activity which is carried on continuously or regularly by any person in Saint Lucia or partly in Saint Lucia, whether or not for profit, that involves or intends to involve, in whole or in part, the supply of taxable goods or services to another person for consideration.”

In other words if you are in the business of supplying or selling taxable goods and/or services, you are undertaking a taxable activity.

A. Businesses trading in taxable supplies must within ten (10) working days register with the Inland Revenue Department (IRD) if their taxable supplies or sales (goods and services):
• meet or exceed the threshold of $180,000 in the previous twelve months or less; or
• is reasonably expected to meet or exceed the threshold at the beginning of any period of three hundred and sixty five (365) days.
• Additionally, businesses must register if in the first three months of trading their taxable supplies exceed forty five thousand dollars ($45,000).
B. Promoters of public entertainment, licenses and proprietors of a place of public entertainment must within 48 hours of the event, if with a period of twelve or fewer months their annual taxable supplies is reasonably expected to exceed $180,000.00.
Registration is only undertaken once. Thereafter, VAT is charged on every activity by the promoter, licensee or proprietor.

C. The State, local authorities and auctioneers must register on the first day of their trading
in taxable supplies.
A “promoter of public entertainment” means a person who arranges the staging of public entertainment, but does not include entertainment organised by -
(a) a duly recognised educational institution under the Education Act, Cap.18.01;
(b) the board of management or a parent teacher association of an approved educational institution;
(c) a person who provides entertainment on a daily or weekly basis;
(d) a church incorporated or registered in Saint Lucia under any statute; or
(e) an approved charitable organisation;

 
 

If the person conducting the taxable activity is an organization (i.e., not an individual), it is the organization that must apply for registration. The individual partners or members do not register.

The registration of a partnership, trustees of a trust or estate is in the name of the partnership, trust or estate respectively.

Do not avoid registering for VAT by artificially separating business activities. If you operate more than one business, the sales in all those businesses must normally be added together to determine whether or not you must register for VAT.

However, the taxable sales of separate legal entities do not have to be combined to determine the threshold. For registration purposes, each legal entity is considered separately.

If IRD decides that you have artificially separated one business into smaller parts to avoid registering, IRD will regard the entire business as a single taxable person and therefore the business must be registered.

In the next column, we will take a look at Late Registration Penalty, Voluntary Registration, and the importance of Registering before Making Taxable Supplies.

VAT REGISTRATION is FREE, so if you qualify, be sure to register today.
For further information contact the VAT Implementation Project Office at:
Tel: (758) 468 1420; Email: vatcoordinator@vat.gov.lc; or vatinfo@vat.gov.lc
Website: www.vat.gov.lc


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