2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

6.   Approval or refusal of application

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    (1)   The Comptroller, within ten days of receipt of an application made under regulation 5, shall —

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      (a)     approve the application with or without conditions; or

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      (b)     refuse the application.

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    (2)   The Comptroller may approve an application for deferred payment of value added tax on the importation of —

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      (a)     capital goods, if he or she is satisfied that the capital goods will be used for commercial purposes; or

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      (b)     raw materials, if he or she is satisfied that the raw materials will be used in the manufacturing of goods.

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    (3)   Without limiting the generality of subregulation (1), the Comptroller may approve an application with conditions that —

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      (a)     the registered person complies with the Act and satisfies the requirement for filing returns on time and making payments for value added tax in full and on time;

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      (b)     the registered person complies with the requirements of the laws administered by the Inland Revenue Department and the Customs and Excise Department;

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      (c)     the registered person provides a declaration that the capital goods and raw materials are for use in the business of the registered person;

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      (d)     where the business of the registered person is dealing in a mixed supply, the portion of the deferred input tax which is directly allocable to the making of the taxable supply is allowed as a deduction;

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      (e)     the registered person accounts for a transaction undertaken in the respective month on the return form; and

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      (f)     the registered person pays excess resulting from a transaction on filing the return.

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    (4)   The Comptroller shall in writing —

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      (a)     notify the registered person of the approval or refusal of an application made under regulation 5; and

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      (b)     give reasons for his or her decision.