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2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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Value Added Tax Act – Resolution of Parliament to approve draft Value Added Tax (Amendment of Schedule 3) (No. 2) Order – Section 109(1)(a) (Statutory Instrument 87/2023)

Statutory Instrument 87/2023 .. in force 21 July 2023

Commencement [21 July 2023]

RESOLUTION

WHEREAS under section 109(1)(a) of the Value Added Tax Act, “the Act”, it is provided that the Minister of Finance may, by Order published in the Gazette, amend the Schedules to the Act;

AND WHEREAS it is further provided under section 109(2) of the Act that an Order made pursuant to section 109(1) of the Act is subject to an affirmative resolution of Parliament except where the amendment is to the customs tariff headings only;

AND WHEREAS the Minister of Finance seeks approval of the draft Value Added Tax (Amendment of Schedule 3) (No. 2) Order to amend Schedule 3 of the Act by an affirmative resolution of Parliament to include as an exempt import, for a period of 2 years commencing from the 2^nd day of August, 2023 and ending on the 1^st day of August, 2025, medical equipment for basic or advance diagnosis, whether for purchase or lease for —

(a) a Computerized Tomography scan;

(b) an endoscopy for upper gastrointestinal, lower gastrointestinal, and a retrograde-cholangiopancreatography;

(c) an arthroscopy;

(d) a hysteroscopy;

(e) a cystoscopy;

(f) an ultrasound in 3D and 4D, including, echocardiography ultrasound;

(g) a mammogram;

(h) a colonoscopy;

(i) a fluoroscopy - (C Arm);

(j) Magnetic Resonance Imaging;

BE IT RESOLVED that Parliament by affirmative resolution approves the draft Value Added Tax (Amendment of Schedule 3) (No. 2) Order which amends Schedule 3 of the Act to include as an exempt import, for a period of 2 years commencing from the 2^nd day of August, 2023 and ending on the 1^st day of August, 2025, medical equipment for basic or advance diagnosis, whether for purchase or lease for —

(a) a Computerized Tomography scan;

(b) an endoscopy for upper gastrointestinal, lower gastrointestinal, and a retrograde-cholangiopancreatography;

(c) an arthroscopy;

(d) a hysteroscopy;

(e) a cystoscopy;

(f) an ultrasound in 3D and 4D, including, echocardiography ultrasound;

(g) a mammogram;

(h) a colonoscopy;

(i) a fluoroscopy – (C Arm);

(j) Magnetic Resonance Imaging.

Value Added Tax Act – Resolution of Parliament to approve draft Value Added Tax (Amendment of Schedule 3) (No. 2) Order – Section 109(1)(a) (Statutory Instrument 87/2023)

2. Interpretation

3. Fair market value

5. Supply by agent or auction

6. Taxable activity

7. Powers and duties of the Comptroller

8. Secrecy and oath of secrecy

9. Imposition of tax and persons liable

10. Rate of tax

11. Taxable person

12. Registration

13. Registration procedure

14. Cancellation of registration

15. Registered person to recover tax from person supplied

16. Zero rated supply

17. Exempt supply

18. Time of supply

19. Place of supply

20. Value of supply

21. Exempt imports

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

26. Time of import of services

27. Value of import of services

28. Import declaration and payment of tax for importation of services

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

38. Extension of time

39. Assessments

40. General provisions relating to assessments

42. Appeals to Appeal Commissioners

43. Appeal to the High Court

44. Appeal to the Court of Appeal

45. Burden of proof

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

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

57. Carry forward of excess credits and refund of tax

58. Interest on overpayment

59. Others eligible for tax refund

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

67. Branches or divisions

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

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

84. General provisions

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

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

112. Transition

113. Exemption in another law

PART 1 PRELIMINARY

2. Interpretation

3. Fair market value

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

16. Zero rated supply

17. Exempt supply

18. Time of supply

19. Place of supply

20. Value of supply

PART 6 TAX ON IMPORTS

21. Exempt imports

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

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

38. Extension of time

39. Assessments

40. General provisions relating to assessments

PART 9 OBJECTIONS AND APPEALS

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

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 FORWARDS, 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

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

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

84. General provisions

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

112. Transition

113. Exemption in another law

SUBSIDIARY LEGISLATION

Interpretative Notes for the Value Added Tax Act

2. Registration and Cancellation of Registration

3. Time of Supply

4. Value of supply

5. Import of services

6. Input tax deduction rules

8. Tax invoices and sales receipts

9. Refund of tax

10. Due date for filing a return and for payment of tax.

11. Refunds of excess input tax deductions and other overpayments

12. Approved Charitable Organisations eligible for refund of tax

13. Schedule 1 – Zero Rated Supplies

14. Schedule 2 – Exempt Supplies

15. Schedule 3 – Exempt Imports

Value Added Tax Regulations – Section 106 (Statutory Instruments 117/2012, 8/2014 and 56/2017)

2. Interpretation

3. Supply of Goods And Services

4. Value of Supply

5. Sales Receipts

6. Tax Credit Notes and Tax Debit Notes

7. Interest on Refunds

8. Charitable organisations eligible refund of tax

Value Added Tax (Rate of Tax) (Tourism Sector Goods and Services) Order – Section 10(2) (Statutory Instrument 188/2020)

2. Interpretation

Value Added Tax (Others Eligible for Tax Refund) Order – Section 59(1) (Statutory Instruments 9/2014, 28/2014 and 74/2023)

2. Others eligible for tax refund

Value Added Tax (Application of the Term Pharmaceuticals) Regulations – Section 106 (Statutory Instrument 109/2014)

2. Commencement

3. Application of the term pharmaceuticals

Resolution of Parliament to Approve Draft Value Added Tax (Amendment of Schedule 3) Order – Section 109(1)(a) (Statutory Instrument 114/2017)

Value Added Tax (Deferred Payment of Value Added Tax for Importation of Capital Goods and Raw Materials) Regulations – Section 106(1) (Statutory Instrument 127/2017)

2. Interpretation

4. Exception, modification and adaptation of Customs (Control and Management) Act

5. Application for deferred payment of value added tax

6. Approval or refusal of application

7. Approval certificate

Value Added Tax – Resolution of Parliament to approve draft Value Added Tax (Amendment of Schedule 3) Order – Section 109(1)(a) (Statutory Instrument 84/2020)

Value Added Tax – Resolution of Parliament to approve draft Value Added Tax (Rate of Tax) (Tourism Sector Goods and Services) Order – Section 10(2) (Statutory Instrument 182/2020)

Value Added Tax Act – Resolution of Parliament to approve draft Value Added Tax (Amendment of Schedules 1 and 3) Order – Section 109(1)(a) (Statutory Instrument 189/2021)

Value Added Tax Act – Resolution of Parliament to approve draft Value Added Tax (Amendment of Schedule 3) Order – section 109(1)(a) (Statutory Instrument 16/2022)

Value Added Tax Act – Resolution of Parliament to approve draft Value Added Tax (Amendment of Schedule 3) (No. 2) Order – section 109(1)(a) (Statutory Instrument 148/2022)

Value Added Tax Act – Resolution of Parliament to approve the draft Value Added Tax (Alteration of Rate of Interest) Order – Section 33(2) (Statutory Instrument 83/2023)

Value Added Tax Act – Resolution of Parliament to approve draft Value Added Tax (Amendment of Schedules 1 and 3) Order – Section 109(1)(a) (Statutory Instrument 84/2023)

Value Added Tax Act – Resolution of Parliament to approve the draft Value Added Tax (Alteration of Rate of Penalty) Order – Section 46(4A) (Statutory Instrument 86/2023)

Value Added Tax (Alteration of Rate of Interest) Order – Section 33(2) (Statutory Instrument 91/2023)

VALUE ADDED TAX (ALTERATION OF RATE OF INTEREST) ORDER – SECTION 33(2)

2. Alteration of rate of interest

Value Added Tax (Alteration of Rate of Penalty) Order – Section 46(4A) (Statutory Instrument 96/2023)

2. Alteration of rate of penalty

Value Added Tax Act – Resolution of Parliament to Approve Draft Value Added Tax (Amendment of Schedule 1) Order – Section 109(1)(a) (Statutory Instrument 101/2023)

Value Added Tax Act – Resolution of Parliament to Approve Draft Value Added Tax (Amendment of Schedule 3) (No. 3) Order – Section 109(1)(a) (Statutory Instrument 149/2023)