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VALUE ADDED TAX ACT
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2. Registration and Cancellation of Registration
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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2.   Registration and Cancellation of Registration

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    2.1   Application for registration.—The application for registration under section 13(1) for persons required to be registered shall be in the form approved by the Comptroller and, apart from such other information the Comptroller may require, shall contain at least the following particulars:

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      (a)     the name, address and contact information of the applicant;

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      (b)     identification of the business activity undertaken by the applicant;

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      (c)     the date taxable activity commenced or will commence;

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      (d)     whether the applicant is a sole trader, partnership, company or other entity;

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      (e)     the total value of the applicant's supplies for such period required by the Comptroller in accordance with the Act;

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      (f)     name and address of applicant's bank and applicant's bank account number.

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    2.2   Waiver of registration.—Section 12(4) allows for a person to not apply for registration, or the Comptroller himself may, without a request, decide not to register an applicant if the person's taxable supplies exceeded or will exceed the threshold solely as a result of —

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      (a)     the cessation;

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      (b)     substantial and permanent reduction in the size or scale; or

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      (c)     the replacement of old capital goods,

of a taxable activity carried on by the person.

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    For example, a person may request the waiver if the person discontinues selling a line of products and sells the remaining inventory of that line, producing substantial sales that will not recur in the future.

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    2.3   Threshold already satisfied.—Section 13(6)(a) of the Act provides that if a person must register because that person's taxable supplies exceeded the threshold in the prior 12 or fewer months, registration is effective at the beginning of the tax period immediately following the end of the period of 12 or fewer months. For example, if during an 8-month period from 1 February to 30 September, a person's taxable supplies exceeded the threshold, the person must apply for registration no later than 10 working days after 30 September. The person should apply in September. The person's registration is effective 1 October, so the person must account for the tax on 1 October.

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    2.4   Threshold to be satisfied in future.—Section 13(6)(b) of the Act provides that if a person must register because that person is expected to have taxable supplies exceeding the threshold in the next 365 calendar days, registration is effective from the beginning of the 365-day period. For example, if as of 31 March, a person expects to have taxable supplies above the threshold in the next 365 calendar days, the person must apply no later than 10 working days after 31 March and registration is effective 1 April.

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    2.5   Voluntary Registration.—Under section 12(5) of the Act, a person not required to register may apply for registration. There is no automatic right to be registrated for voluntary applicants. Whether the application is granted and the person is registered is at the Comptroller's discretion. However section 13(8) makes the Comptroller's decision appealable.

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    2.6   Certificate of Registration.—The Certificate of Registration under section 13(9) shall be in the form approved by the Comptroller and shall contain at least the following particulars:

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      (a)     the name of the registered person;

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      (b)     the taxpayer identification number (TIN);

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      (c)     the effective date of registration;

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      (d)     the date of issue of the certificate;

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      (e)     the certificate number;

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      (f)     the location of the business, outlet, branch or similar at which the certificate is to be displayed.

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    2.7   Failure to register.—Under section 13(5) of the Act, if a person required to register fails to register, the Comptroller may register the person and specify the effective date of the registration. For example, assume that a person fails to register, but was required to do so because taxable supplies exceeded the threshold on 31 December, 2012. If the Comptroller discovers on 15 July, 2013 that the person was required to register as of 31 December, 2012, the Comptroller may register the person, effective 1 January, 2013.

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    2.8   Change of information.—The notification of change of information under section 13(12) of the Act shall be in the form approved by the Comptroller and shall contain at least the following particulars:

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      (a)     the name of the registered person;

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      (b)     the taxpayer identification number;

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      (c)     the change of name under which the person will conduct taxable activity (if applicable);

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      (d)     the change of place of business or address from which the person will conduct taxable activity (if applicable);

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      (e)     the change in the nature of taxable activity in which the person will engage (if applicable);

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      (f)     the change in the constitution of the person's business or activity (if applicable);

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      (g)     any other information required by the Comptroller.

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    2.9   Cancellation of registration.—Section 14(13) of the Act provides that a person who expects to sell a going concern must notify the Comptroller of that intent at least 5 calendar days before the sale closes, the purchaser acquires a legal interest in the assets to be acquired, or the assets of the going concern are transferred, whichever occurs first. The seller must also apply for cancellation of their registration under section 14(1) of the Act if the seller, as a result of the sale of a going concern, ceases to engage in taxable activity. The seller must state whether or not he intends to make taxable transactions within 12 months from the date he has stated on his application for cancellation. For example, a person who sells his existing business may decide to start a new business and make taxable supplies. This information may assist the Comptroller's decision whether or not to grant the application for cancellation. The Comptroller can initiate a cancellation without any application unless, under section 14(2) of the Act, the Comptroller has reasonable grounds to believe that the person will engage in taxable activity within 12 months from the date of cessation.

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    2.10   Notification of cancellation.—A notification of cancellation of registration shall be in the form approved by the Comptroller and in addition to the information specified in section 14(3) shall contain at least the following particulars —

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      (a)     the name, address and contact details of the registered person;

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      (b)     the taxpayer identification number;

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      (c)     the reason for application for cancellation;

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      (d)     the date that taxable activity will cease (if applicable);

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      (e)     the value of stock on hand;

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      (f)     the value of assets on hand.

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    2.11   Effective date of cancellation.—Under section 14(1) of the Act, the cancellation of registration generally takes effect at the end of the last day of the tax period during which taxable activity ceases. The Comptroller has the authority to specify a different effective date. If the Comptroller initiates cancellation because he or she is satisfied that a taxable person is not engaged in a taxable activity or is not required or entitled to apply for registration, under section 14(4) of the Act, the Comptroller may cancel the person's registration, effective on the last day of the tax period during which the Comptroller becomes so satisfied or on another date the Comptroller specifies. For example, under section 14(6) of the Act, if the Comptroller is satisfied that the registered person did not make taxable transactions from the date the registration took effect, the Comptroller can cancel the registration retroactive to that effective date. The Comptroller must provide written notice of the date that the cancellation takes effect.

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    2.12   Deemed supply of goods on hand when the registration is cancelled.—When registration is cancelled, under Section 4 (21) a registered person is deemed to have made a taxable supply in Saint Lucia of the goods on hand on the date of cancellation, but only if an input tax deduction was claimed with respect to the goods and services on hand. This ensures that the newly unregistered person is not in a more advantageous position than other unregistered persons who would not have been able to claim input tax.

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    2.13   Tax obligations after cancellation of registration.—Under section 14(10) of the Act, a taxable person's obligations or liability under the Act while registered, including the furnishing of returns and payment of tax, is not affected by cancellation of the person's registration. The person remains liable and the Comptroller can take action to enforce the person's obligations or tax liability.

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