2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

3.   Time of Supply

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    3.1   Repossession of goods.—Section 4(7) of the Act treats the repossession of goods under a credit agreement as a supply of the goods. Under section 18(5) of the Act, the supply occurs on the day that the goods are repossessed. The date of the supply may be later if the debtor may under any law be reinstated in his rights and obligations under the credit agreement. In this situation, the date of the supply is the day after the last day of any period during which the debtor may under such law be so reinstated. For example, if after goods are repossessed the debtor can have his rights to recover his goods reinstated by paying installments in default, then even if the debtor does not make payments and has the right to recover his goods, the supply occurs on the day after the debtor loses his right to pay arrears and have his rights reinstated.

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    3.2   Transfer of a going concern.—Section 4(2) of the Act treats, as a supply of goods, the transfer of a taxable activity (or a portion of a taxable activity capable of separate operation) as a going concern. For example, a business person who is retiring may sell his flower shop, or a computer store owner who is downsizing might sell the retail portion of his business and retain and concentrate on the repair portion or department. These transfers would fall within the scope of section 4(2) and would be deemed a supply of goods. The transfer may be zero rated under Schedule 1, if the conditions of Schedule 1, paragraph 2(1)(i) are met. If the buyer uses some of the acquired assets for purposes other than to make taxable supplies, according to section 4(18) of the Act, the buyer is treated as making a taxable supply on the acquisition of the going concern to the extent that the buyer uses the goods or services acquired for purposes other than to make taxable supplies. Under section 18(10) of the Act, the taxable supply by the buyer occurs when the supply of the going concern under section 4(2) of the Act occurs.

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    3.3   Advance receipt for services or a deposit.—Consideration, as defined in section 2 of the Act, does not include a deposit given in connection with a supply of goods or services unless and until the supplier applies the deposit as consideration for the supply or such deposit is forfeited. In contrast, an advance payment for the rendition of services in the future is included as part of the consideration for a supply for services. Section 18(1) of the Act provides that a supply of services occurs at the earliest of the date the services are completed, an invoice covering the services is issued, or any consideration for services received. The classification of a receipt as a deposit or advance payment depends on the facts and circumstances of the case. For example, an advance payment received by a hotel or other service provider for specific accommodations or other services to be provided in the future is presumed to be consideration for the service to be supplied and not a deposit for purposes of the definition of consideration in Section 2 of the Act.