ACT
(Acts 7 of 2012, 10 of 2012, 15 of 2013, 5 of 2014, 5 of 2016, 15 of 2023 and Statutory Instruments 114/2012, 145/2012, 146/2012, 149/2012, 150/2012, 158/2012, 159/2012, 160/2012, 13/2013, 46/2013, 64/2013, 77/2013, 83/2013, 150/2013, 53/2014, 54/2014, 63/2014, 65/2014, 78/2014, 117/2014, 6/2015, 109/2015, 101/2016, 102/2016, 74/2017, 121/2017, 118/2018, 103/2019, 156/2019, 174/2019, 92/2020, 4/2021, 45D/2021, 204/2021, 19/2022, 152/2022, 92/2023, 93/2023, 102/2023 and 159/2023)
Act 7 of 2012 .. in force 1 October 2012 (S.I. 114/2012)
Amended by Act 10 of 2012 .. in force 28 September 2012
Amended by Act 15 of 2013 .. in force 16 December 2013
Amended by Act 5 of 2014 .. in force 17 March 2014
Amended by S.I. 145/2012 .. in force 14 November 2012 (Terminated 8 February 2013)
Affirmed by S.I. 158/2012 .. in force 10 December 2012
Amended by S.I. 146/2012 .. in force 19 November 2012
Amended by S.I. 149/2012 .. in force 22 November 2012 (Terminated 8 February 2014)
Affirmed by S.I. 159/2012 .. in force 10 December 2012
Amended by S.I. 150/2013 .. in force 22 November 2012
Affirmed by S.I. 160/2012 .. in force 10 December 2012
Amended by S.I. 13/2013 .. in force 25 February 2013 (Terminated 8 February 2014)
Amended by S.I. 46/2013 .. in force 24 June 2013 (Terminated 31 March 2014)
Affirmed S.I. 64/2013 .. in force 9 September 2013
Amended by S.I. 77/2013 .. in force 18 November 2013 (Terminated 31 January 2014)
Amended by S.I. 83/2013 .. in force 9 December 2013 (Terminated 15 February 2014)
Amended by S.I. 63/2014 .. in force 1 April 2014
Affirmed by S.I. 53/2014
Amended by S.I. 65/2014 .. in force 1 June 2014
Affirmed by S.I. 54/2014
Amended by S.I. 78/2014 .. in force 11 July 2014
Amended by S.I 117/2014 .. in force 1 December 2014
Affirmed by S.I. 6/2015 .. in force 1 December 2014
Amended by S.I. 109/2015 .. in force 1 December 2015
Amended by Act 5 of 2016 .. in force 14 March 2016
Amended by S.I. 101/2016 .. in force 1 February 2017
Amended by S.I. 102/2016 .. in force 5 December 2016
Amended by S.I. 74/2017 .. in force 24 July 2017
Amended by S.I. 121/2017 .. in force 15 November 2017
Amended by S.I. 118/2018 .. in force 26 November 2018
Amended by S.I. 103/2019 .. in force 1 June 2018 (Terminating 30 June 2022)
Amended by S.I. 156/2019 .. in force 25 November 2019
Amended by S.I. 174/2019 .. in force 30 December 2019
Amended by S.I. 92/2020 .. in force 12 June 2020 (Terminating 31 January 2021)
Amended by S.I. 4/2021 .. in force 4 January 2021
Amended by S.I. 45D/2021 .. in force 26 February 2021
Amended by S.I. 204/2021 .. in force 14 December 2021
Amended by S.I. 19/2022 .. in force 21 February 2022
Amended by S.I. 152/2022 .. in force 7 November 2022
Amended by Act 15 of 2023 .. in force 14 July 2023
Amended by S.I. 92/2023 .. in force 31 July 2023
Amended by S.I. 93/2023 .. in force 31 July 2023
Amended by S.I. 102/2023 .. in force 14 August 2023
Amended by S.I. 159/2023 .. in force 11 December 2023
ARRANGEMENT OF SECTIONS
PART 1
PRELIMINARY
| 1. | Short title |
| 2. | Interpretation |
| 3. | Fair market value |
| 4. | Supply |
| 5. | Supply by agent or auction |
| 6. | Taxable activity |
PART 2
ADMINISTRATION
| 7. | Powers and duties of the Comptroller |
| 8. | Secrecy and oath of secrecy |
PART 3
IMPOSITION AND RATE OF TAX
| 9. | Imposition of tax and persons liable |
| 10. | Rate of tax |
PART 4
REGISTRATION
| 11. | Taxable person |
| 12. | Registration |
| 13. | Registration procedure |
| 14. | Cancellation of registration |
| 15. | Registered person to recover tax from person supplied |
PART 5
TAX ON SUPPLY
DIVISION 1
Zero rated and exempt supply
| 16. | Zero rated supply |
| 17. | Exempt supply |
DIVISION 2
Rules relating to supply
| 18. | Time of supply |
| 19. | Place of supply |
| 20. | Value of supply |
PART 6
TAX ON IMPORTS
DIVISION 1
Exempt imports
DIVISION 2
Tax on import of goods
| 22. | Calculation and collection of tax on import of goods |
| 23. | Time of import of goods |
| 24. | Value of import of goods |
| 25. | Import declaration and payment of tax for importation of goods |
DIVISION 3
Tax on import of services
| 26. | Time of import of services |
| 27. | Value of import of services |
| 28. | Import declaration and payment of tax for importation of services |
PART 7
CALCULATION OF TAX PAYABLE
| 29. | Tax payable for tax period |
| 30. | Input tax deduction |
| 31. | Input tax deduction allocation and disallowance rules |
| 32. | Post-sale adjustments and bad debts |
| 33. | Interest on unpaid tax |
| 34. | Tax invoices and sales receipts |
| 35. | Tax credit and debit notes |
PART 8
TAX PERIOD, RETURNS AND ASSESSMENTS
| 36. | Tax period |
| 37. | Returns |
| 38. | Extension of time |
| 39. | Assessments |
| 40. | General provisions relating to assessments |
PART 9
OBJECTIONS AND APPEALS
| 41. | Objections |
| 42. | Appeals to Appeal Commissioners |
| 43. | Appeal to the High Court |
| 44. | Appeal to the Court of Appeal |
| 45. | Burden of proof |
PART 10
PAYMENT, COLLECTION AND RECOVERY
| 46. | Due date for payment of tax |
| 47. | Allocation of payments |
| 48. | Recovery of tax as debt due |
| 49. | Recovery of tax from persons leaving Saint Lucia |
| 50. | Security |
| 51. | Preferential claim to assets |
| 52. | Seizure of goods and vehicles |
| 53. | Distress proceedings |
| 54. | Recovery of tax from recipient of supply |
| 55. | Recovery of tax from third parties |
| 56. | Duties of receivers |
PART 11
CARRY FOWARDS, REFUNDS AND INTEREST
| 57. | Carry forward of excess credits and refund of tax |
| 58. | Interest on overpayment |
| 59. | Others eligible for tax refund |
PART 12
REPRESENTATIVES AND SPECIAL CASES OF TAXABLE PERSONS
| 60. | Persons acting in a representative capacity |
| 61. | Power to appoint representatives |
| 62. | Directors of corporations |
| 63. | Officers of unincorporated bodies |
| 64. | Partnerships or unincorporated associations |
| 65. | Death or insolvency of taxable person |
| 66. | Trustee |
| 67. | Branches or divisions |
PART 13
RECORDS AND INVESTIGATION POWERS
| 68. | Meaning of records |
| 69. | Record-keeping |
| 70. | Notice to obtain information or evidence |
| 71. | Liability to cost |
| 72. | Access to records, computers and goods |
PART 14
OFFENCES AND PENALTIES
DIVISION 1
Criminal proceedings
| 73. | Sanction for prosecution |
| 74. | Time limit for proceedings to be taken |
| 75. | Tax evasion |
| 76. | Impeding tax administration |
| 77. | Offences by tax officers |
| 78. | Offences by companies, aiders and abetters |
| 79. | Collection of tax by non-registered persons |
| 80. | False or misleading statements |
| 81. | Other offences |
| 82. | General penalty |
| 83. | Compounding of offences |
DIVISION 2
Civil penalties
| 84. | General provisions |
| 85. | Procedure |
DIVISION 3
Civil Offences
| 86. | Failure to register or display certificate |
| 87. | Failure to notify Comptroller |
| 88. | Tax invoices etc. |
| 89. | Failure to file return |
| 90. | Failure to comply with notice of recovery of tax |
| 91. | Failure to keep records |
| 92. | Failure to provide facilities and assistance |
| 93. | Failure to comply with notice to give information |
| 94. | Non-compliance with price quotation requirements |
| 95. | Temporary closure of business premises |
| 96. | Publication of names of defaulters |
PART 15
MISCELLANEOUS
| 97. | Taxpayer identification number |
| 98. | Forms and notices and authentication of documents |
| 99. | Service of notices |
| 100. | Tax-inclusive pricing |
| 101. | Schemes for obtaining tax benefits |
| 102. | Currency conversion |
| 103. | International agreements |
| 104. | Registration of certain goods prohibited in certain circumstances |
| 105. | Auctioneer and agent |
| 106. | Regulations |
| 107. | Variation of consideration on a change in rate |
| 108. | Application of increased or reduced rate |
| 109. | Amendment of Schedules |
| 110. | Remission of tax |
| 111. | Repeals |
| 112. | Transition |
| 113. | Exemption in another law |
| Schedule 1 | |
| Schedule 2 | |
| Schedule 3 | |
AN ACT to provide for the imposition and collection of value added tax and for related matters.
Commencement [1 October 2012]