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ST. CHRISTOPHER AND NEVIS VALUE ADDED TAX REGISTRATION GUIDE

ST. CHRISTOPHER AND NEVIS VALUE ADDED TAX · 4 St. Kitts and Nevis VAT is applied on imports and the value added to the supply of goods and services at each stage in the production

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ST. CHRISTOPHER AND NEVIS

VALUE ADDED TAX

REGISTRATION GUIDE

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Contents

PURPOSE ........................................................................................................................................................................ 3

St. Kitts and Nevis Value Added Tax (VAT) .................................................................................................................... 3

Who is required to register? .......................................................................................................................................... 4

Who is a taxable person? .............................................................................................................................................. 5

What is a taxable activity? ............................................................................................................................................. 5

What is a non-taxable activity? ..................................................................................................................................... 6

What is a business ?....................................................................................................................................................... 6

What is a taxable supply? .............................................................................................................................................. 6

What are zero-rated supplies? ...................................................................................................................................... 6

What are exempt supplies? ........................................................................................................................................... 7

How is the value of supplies calculated for registration purposes? .............................................................................. 8

What if a person is under the threshold but still wishes to be registered .................................................................... 8

When to apply for VAT registration ............................................................................................................................... 9

How to apply for registration if you are required to apply for registration .................................................................. 9

Registration accepted .................................................................................................................................................. 10

Registration not accepted ........................................................................................................................................... 10

Changes to registered particulars ................................................................................................................................ 11

Cancellation of registration ......................................................................................................................................... 11

Penalties that you should be aware of ........................................................................................................................ 11

Appendix ...................................................................................................................................................................... 12

Application for Registration Form VAT001.............................................................................................................. 12

Registration Instructions ......................................................................................................................................... 14

Supplementary Form VAT001a ............................................................................................................................... 18

Supplementary Form VAT001b ............................................................................................................................... 19

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PURPOSE This guide explains who is required to apply for registration and if so, how to complete the Application

for Registration Form. It also tells you what you will need to do after registration and includes post

registration procedures.

If, after reading this Registration Guide you require additional information, please contact:

The Inland Revenue Departments: Telephone/Fax Numbers: Email :

Bay Road, Basseterre, St. Kitts Tel: (869) 467-1931 / 467-1210 [email protected]

Main Street, Charlestown, Nevis Tel: (869) 469-5856 [email protected]

Or at our Website: www.sknvat.com

St. Kitts and Nevis Value Added Tax (VAT)

The Inland Revenue Department will administer the Value Added Tax. The Customs and Excise Department

will collect the Value Added Tax on imports. VAT will simplify and modernize the St. Kitts and Nevis indirect

tax system, broaden the existing tax base, make exports more competitive and is consistent with

international and WTO recommendations regarding the elimination of consumption taxes.

With the introduction of the St. Kitts and Nevis Value Added Tax, the following taxes will be repealed:

Consumption Tax Act, Cap. 20.02

Traders Tax Act, Cap 20.30

The Hotel Accommodation and Restaurant Tax Act, Cap. 20.20

The Parcels Tax Act, Cap. 20.30

The Self Drive Motor Vehicles (Rentals) Tax Act, Cap. 20.37

The Telecommunications Tax Act

Export Duty Act, Cap. 20.12

The Cable TV Tax Act

The Public Entertainment and Lotteries Tax Act, Cap. 20.34

The Gaming Machine Tax Act

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St. Kitts and Nevis VAT is applied on imports and the value added to the supply of goods and services at each

stage in the production and distribution chain. It is a tax on consumption and is therefore included in the final

price the consumer pays for goods and services.

The St. Kitts and Nevis VAT require most businesses and many organizations in St. Kitts and Nevis to:

Register with the Department of Inland Revenue

Pay VAT to the Comptroller of Customs on taxable imports of goods

Charge and collect tax at 17% on all standard-rated supplies or 10% where applicable

Calculate for each tax period (calendar month) the net tax payable or refundable

File a VAT Return for each tax period on or before the 15th of the following

Remit the net VAT collected to the Inland Revenue Department on or before the 15th of following

month

Make a claim on the VAT Application for Refund form for any VAT refundable.

Who is required to register?

If you conduct a taxable activity and generate annual gross sales of taxable supplies exceeding EC$150,000.00

you must apply for registration for St. Kitts and Nevis VAT. Where a person engages in the supply of

commercial and time-share property for lease or professional services and generate annual gross supplies

exceeding EC$96,000.00, you must apply for registration for the St. Kitts and Nevis VAT. In addition, you

must apply for registration where:-

at the end of any period of 12 months or fewer months where during that period the person made

taxable supplies the total value of which exceeded $96,000 or $150,000 were stipulated by the VAT

Act or

at the beginning of any period of 365 calendar days, there are reasonable grounds to expect that the

total value of taxable supplies during that period will exceed $96,000 or $150,000; or

during any period of three months-

a. you made taxable supplies which exceed $24,000 or $37,500 as applicable; and

b. there are reasonable grounds to expect that the total value of your taxable supplies during that

period and the next consecutive nine months will exceed $96,000 or $150,000 as applicable or

c. irrespective of whether they exceed the $96,000 or $150,000 registration threshold –

o Promoter of public entertainment or a licensee or proprietor of a place of public

entertainment

o An auctioneer

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If you only make exempt supplies you will not be required to register for VAT. However, if you make both

taxable and exempt supplies and your taxable supplies exceed the threshold ($96,000 or $150,000), then you

will be required to be registered.

For VAT it is not the business activity which is registered, but the person who conducts it. The individual

partners or members are not required to register. The registration covers all the business activities of that

person.

If the person conducting the taxable activity is an organization (that is, not individual), it is the organization

that must apply for registration. The individual partners or members are not required to register. The

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

respectively.

Who is a taxable person?

For the purposes of VAT, “taxable person” is defined as a person who is registered or is required to register

under Section 12 of the VAT Act and includes:

An individual

A trust

A company

A partnership

A government entity

The Federal Government

The Nevis Island Administration

What is a taxable activity?

A taxable activity is an activity which is carried on continuously or regularly, by any person, in St. Kitts and

Nevis whether or not for profit that involves or is intended to involve the supply of taxable goods or services

to another person for consideration. It has the meaning assigned to it under Section 6 of the VAT Act and

includes any business, trade, manufacture or commerce in the nature of trade.

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What is a non-taxable activity?

A non-taxable activity is:

an activity carried on as a private recreational pursuit or hobby;

an activity to the extent that the activity involves the making of exempt supplies; or

an activity of the State or local authority, except when it conducts auctions, hires equipment, rents

space, and sells medicines and drugs, or when it engages in activity commonly conducted for profit.

What is a business ?

“Business” includes any business, profession, trade, venture or undertaking and includes the provision of

personal services or technical and managerial skills and any adventure or concern in the nature of trade but

does not include employment.

What is a taxable supply?

“Taxable Supply” means a supply of goods or services in St. Kitts & Nevis in the course of or furtherance of a

taxable activity, other than an exempt supply.

What are zero-rated supplies?

These are goods and services which are subject to VAT, but at the rate of zero percent. Though the tax is

charged on the supplies at zero percent, the registered taxpayer is allowed to claim a full credit for taxes paid

on inputs used in the production of the zero-rated good or service.

A full description of items that are zero-rated can be found in the Second Schedule of the VAT Act.

Zero-rated supplies include:-

Export of goods and services (except for those exports that are exempt)

Basic food items including sugar, flour, rice, milk, oats

Infant Formula

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Infant and adult disposable diapers

Bread produced within St. Kitts and Nevis

Fuel including gasoline, kerosene, diesel, LPG

What are exempt supplies?

These are goods and services which are not subject to VAT. It should be noted that where a registered person

makes both taxable and exempt supplies, he is not entitled to recover input tax in respect of goods and

services he has acquired or imported for the purpose of making exempt supplies.

A full description of items that are exempt can be found in the Third Schedule of the VAT Act.

Exempt Supplies include:-

Ancillary transport services such as stevedoring, lashing and securing services, cargo inspection

services, preparation of customs documentation, container handling services and storage of

transported goods or goods to be transported

Financial services

Education services

Residential Rent

Water provided to residential premises for domestic use

Electricity for domestic use

Goods or services by Charitable Organizations

Religious services

Domestic transportation

International transportation

Day Care Services

Medical Services

Medicines for chronic diseases

Agricultural products supplied by the local producer

Printed materials

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How is the value of supplies calculated for registration purposes?

The value of supplies is generally the total amount of consideration that will be charged for taxable supplies

provided during a twelve month period.

It will include the value of:

standard rated supplies sold or provided in St. Kitts & Nevis

hotel accommodation

restaurant and catering services

zero-rated supplies

taxable goods taken for your own or family use etc.

It is important to note that the Comptroller of Inland Revenue may consider the value of taxable

supplies made by another person deemed a related person under the VAT Act or a person acting in

concert in making the taxable supply and chose to register both parties based on the total value of the

supply.

A person is not required to register if the value of his taxable supplies exceeded the registration

threshold solely as a result of:

Cessation of taxable activity

Substantial and permanent reduction in the size or scale of taxable activity

Replacement of old capital goods

What if a person is under the threshold but still wishes to be registered

The Minister may, by order, appoint the date from which voluntary registration will be allowed.

If the total value of your taxable supplies is below the threshold and you wish to be registered for VAT, you

can complete the application for registration and submit it to the Comptroller of Inland Revenue. The

Comptroller will make a determination as to whether you qualify for voluntary registration and inform you

accordingly. Please note that if successful, you will be required to fully comply with the provisions of the VAT

Act. A person will not be registered if:

the applicant has no fixed place of abode or business

the applicant does not keep proper records

the applicant has not complied with obligations under other tax laws including laws related to

customs

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the Comptroller has reasonable grounds to believe that the person:

will not keep proper records; or

will not submit regular and reliable tax returns, as required under the Act.

When to apply for VAT registration

Rule requiring application from persons who meet the threshold prior to the effective date of the

tax (Transitional rule)

Any person, who conducts a taxable activity and was registered for any of the repealed taxes, shall apply for registration not less than one month before implementation date unless he or she satisfies the Comptroller of Inland Revenue that he or she is not required to register under the provisions of Section 125(4) of the VAT Act. Rules applying to persons who meet the threshold at a date following the effective date of the tax Application forms should be submitted to the Comptroller of Inland Revenue within 14 days of:-

a. the end of any period of twelve or fewer months where during that period the person made taxable supplies, the total value of which exceeded the applicable registration threshold; or

b. the beginning of any period of 365 calendar days, where there are reasonable grounds to expect that the total value of taxable supplies to be made by the person during that period will exceed the applicable registration threshold; or

c. the end of the third month after which the person's taxable supplies exceeded the applicable registration threshold, and there are reasonable grounds to expect that the total value of taxable supplies to be made by that person during that period and the next consecutive nine months will exceed the applicable registration threshold.

How to apply for registration if you are required to apply for registration

Visit the Inland Revenue Department (at the address shown under the Introduction Section of this guide) and request an Application for Registration Form (VAT 001). Complete all sections on the Application for Registration Form (VAT 001). If a section does not apply to you, please indicate such by filling in "Not applicable" (N/A). A copy of the registration form and accompanying instructions are shown in the Appendix. If the Application for Registration is for a Company, Partnership, Joint Venture or Unincorporated Body,

and the space provided on the VAT 001 is not adequate for all the details of the officers of the entity, attach

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a completed VAT 001(a) form for registration details of company directors, partners, joint venture,

committee members, etc. A copy of VAT 001(a) is also shown in the Appendix.

Deliver the completed form(s) as soon as possible, to prevent any delay in the processing of your registration. Failure to apply for registration, when required to, makes you liable to a penalty equal to double the

amount of output tax payable from the time the person is required to apply for registration until the person files an application for registration with the Comptroller of Inland Revenue.

Registration accepted

Where the Comptroller is satisfied with the details on the application for registration, you will be notified in writing, within 21 days that your registration has been accepted. A VAT Registration Certificate will be sent to your place of business. This certificate will show:

your name ( name of Taxable Person)

physical address of the business

your TIN (Taxpayer Identification Number); and

the effective date of your registration. You must display the certificate prominently at your place of business. If you have more than one place of business, you are required to display a certified copy of the certificate at each location. The application for registration form asks for the number of locations where you carry on taxable activities. We will provide you with the required number of certified copies of the certificate. If you need further copies, please request them in writing, and tell us the address for which each additional copy is needed. You must not use a photocopy of the certificate under any circumstances. Your VAT certificate will be delivered by a VAT officer at which time you must sign and date the delivery register as proof of receipt of this certificate.

Registration not accepted

If, for any reason the Comptroller is unable to accept your application for registration you will be advised, in writing, within 21 days. If the Comptroller fails to inform you of his or her decision in respect of your application, the Comptroller shall be deemed to have accepted your application.

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Changes to registered particulars

If following the acceptance of your application and the issue of the Registration Certificate, there are any changes to the particulars given on your original application, you must notify the Comptroller. You must tell the Comptroller, in writing, of any change in the name (including the business name or other trading name), address, place of business, or nature of business within 21 days of the change occurring.

Cancellation of registration

If you cease to make taxable supplies, you must advise the Comptroller, within 7 days of the date on which you ceased making taxable supplies, and apply for cancellation of your registration.

Penalties that you should be aware of Under the provisions of the VAT Act, you can be charged a penalty if you:-

Fail to apply for registration

Fail to display the certificate of registration in your place of business

Fail to notify the Comptroller of changes in registration particulars

Fail to file a tax return within the time prescribed

Fail to pay tax and when due

Fail to keep proper records

Make false or misleading statements Note that the full range of penalties can be found in the VAT Act.

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Appendix

Application for Registration Form VAT001

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Registration Instructions PLEASE COMPLETE EACH SECTION OF THE ACTUAL FORM YOU OBTAIN FROM THE COMPTROLLER OF INLAND REVENUE BY PRINTING OR TYPING IN BLOCK LETTERS If a section does not apply, enter N/A

1. Taxpayer Identification Number Enter the taxpayer Identification number if you already have one. If not, one will be provided by the Inland Revenue Department.

2. Taxpayer Name Enter the Name of the owner of the business if

Individual/Sole Proprietor. Social Security Number of Individual/Sole Proprietor

3. Company Name Company: Name under which Company is registered at the Registry Partnership: Name of the Partnership Other Association: Name of the Organization

4. Company Social Security Number Enter Social Security number of the Company in 3 above

5. Trade Name Enter the name under which the business operates

6. Business Address Enter the full street address of the business. If the business property is not numbered please give the name of the building. Do not use Post Office box numbers in this section.

7. Mailing Address Complete this section if you prefer your VAT

returns and other correspondence to be sent to an address different from that shown in (6) above. Post office box can be used in this section.

8. Telephone Number Enter the telephone number at which the Inland

Revenue Department may contact you during working hours.

9. Fax Number (s) Enter a fax number at which correspondence may be

faxed to you.

10. Email Address Enter the email address at which the Inland Revenue Department may contact you.

11. Representative Enter the name of one of the following persons:

a. the Financial Controller or the designated

officer in the case of a company (other than a company in liquidation).

b. any member of the committee of management in the case of an unincorporated association or body.

c. any person who is responsible for accounting for the receipt and payment of money or funds on behalf of the company in any other case;

d. liquidator in the case of a company in liquidation;

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e. any person responsible for accounting for the receipt and payment of money under the provisions of any law or for the receipt and payment of public funds or of funds voted by Parliament in the case of the State or local authority;

f. any partner in the case of a partnership; g. any trustee in the case of a trust; or h. any person controlling the non-

resident's affairs in St Christopher and Nevis including any manager of a taxable activity of the non-resident in St Christopher and Nevis in the case of a non-resident or a person referred to in paragraph (b) of the definition of "resident" in section 2 of the VAT Act.

12. Position The title of the person who has signed as the

Representative.

13. Primary Business Activity If more than one business activity is being conducted, enter the one which has the highest gross sales. When entering the business activity, be specific. For example, if you are mainly a manufacturer state what type: manufacturer of furniture, clothing etc.

14. Secondary Business Activity Enter the business activity which has the second highest gross sales. For example, if you are mainly a manufacturer of furniture, but also sell lumber to other manufacturers, state in this section that your secondary business activity is wholesale of lumber .

15. Gross Sale of Primary Activity Enter the percentage(%) of your sales derived from your

primary activity

16. Gross Sale of Secondary Activity Enter the percentage (%) of your sales derived from your secondary activity

17. Date Taxable Activity Started Enter the date your taxable activities commenced.

18. Total Value of taxable supplies This is the total value of all taxable supplies for the 12-month period immediately preceding the date of your application for VAT registration. If your business has been in operation for less than a year, state your total taxable supplies up to the month immediately preceding your application for VAT registration. If your business is new this section is not applicable.

19. Type of Business Entity Place an (X) in the applicable box to identify whether

you are a sole trader, company, joint venture, partnership, or other type of organization.

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20. Please tick as appropriate

Are you registered for any other taxes? If you already have registered with Inland Revenue for

another tax such income tax, answer yes Do you expect your Taxable Supplies Answer Yes if you are currently above the applicable for the next 12 months to exceed $150,000 threshold or, if you are not currently above the or $96,000 as applicable? threshold but you are likely to surpass the threshold

amount in taxable supplies in the next 12 months. Is your turnover below the registration Answer Yes if your are currently below the applicable threshold but still wish to be registered? threshold, if you are not currently above the registration

threshold and do not likely to exceed that threshold but wish to be registered anyway i.e. voluntary registration. The Comptroller of Inland Revenue may register a person who is below the threshold. Registration is not guaranteed.

Do you supply accommodation in a Answer yes if you supply accommodation in hotel, inn, hotel, inn, guest house, boarding guest house, boarding house or other similar house or similar establishment? establishment. Do you operate a restaurant or Answer Yes if you operate a restaurant or a catering a catering service? service. Do you provide Tour Services? Answer Yes if you provide tour operator services

Do you carry on taxable activities in more If you carry on taxable activities in more than one than one location? location answer Yes and complete form VAT 001b. A

VAT registration certificate will be prepared for each location where you conduct your taxable activities.

Are your records computerized? Enter Yes if you use a database to store your

records and specify the type of computerized records Are you a Major Exporter? Answer Yes if you more than 50% of your supplies are

exports. Are you an Importer? Answer Yes if you import goods or services for the

furtherance of your taxable activity. Do you make zero-rated and or exempt supplies? If yes, complete line 21 and/or 22.

21. Percent of Zero-Rated Supply Calculate and show the percentage of your total

supplies that will be zero-rated

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22. Percentage of Exempt Supplies Calculate and show the percentage of your total supplies that will be exempt.

23. Percentage of Exports Only complete this box if you have identified yourself as a major exporter under question 20 above. Show the percentage exports represent of your total supplies (should be more than 50%)

24. Registration details These are the boxes where you show the details of the

person or persons legally involved in the operation of your business. In the case of a sole trader, enter the data for that person. In the case of a corporation, enter the data for each of the directors of the corporation. In the case of a partnership, enter the data for each of the partners. In the case of a joint venture, enter the data for each of the investors in the venture. In the case of a trust, enter the data for each of the trustees. In the case of any other unincorporated body, enter the data for the person who holds office as chairman, president, treasurer or secretary of the body. If there is insufficient space in box 24 for all the names and data, complete form VAT 001a, continuation sheet for registration details.

25. Bank Name Enter the name of your Primary Bank

26. Bank Address Enter the address of the bank entered in line 25

27. Bank Account Number Enter the primary account number(s) of the bank entered in line 25

28. Declaration In the first space, enter your full name in block letters. In the signature block, enter your signature as you usually would for official purposes. Enter your title and the date you completed the form. Please note that in accordance with the provisions of the VAT Act, any change in the status of the taxable person's status, the Comptroller of Inland Revenue MUST be notified in writing within 21 days after such a change occurs.

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Supplementary Form VAT001a

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Supplementary Form VAT001b