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VALUE ADDED TAX ACT
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112.   Transition

Revised Laws of Saint Lucia (2021)

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112.   Transition

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    (1)   The repealed legislation, including the rules governing the levy, payment, assessment, reporting, and recovery of those taxes, continue to apply to a supply or import taking place prior to the date on which this Act comes into force under section 1.

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    (2)   All appointments made under the repealed legislation and subsisting at the date of commencement of this Act are treated as appointments made under this Act; and an oath of secrecy taken under the repealed legislation is treated as having been taken under this Act.

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    (3)   All forms and documents used in relation to the repealed legislation may continue to be used under this Act, and all references in those forms and documents to provisions of and expressions appropriate to the repealed legislation are taken to refer to the corresponding provisions and expressions of this Act.

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    (4)   Where a contract was concluded between two or more parties before the entry into operation of this Act, and no provision relating to tax was made in the contract, the supplier may recover from the recipient tax due on any taxable supplies made under the contract after the date on which this Act came into operation.

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    (5)   Where a contract concluded after the date on which this Act came into operation does not include a provision relating to tax, the contract price is deemed to include tax and the supplier under the contract is required to account for the tax due.

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    (6)   Subject to subsection (8), if, in connection with a supply of goods or services —

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      (a)     title to goods passes, delivery of goods is made or services are provided after the date on which this Act came into force; and

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      (b)     payment is received or an invoice is issued within 9 months before that date,

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    for purposes of determining the tax period in which the supply occurs or an input tax deduction is allowable, the payment is treated as having been made or the invoice is treated as having been issued on the date on which this Act comes into operation.

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    (Substituted by Act 10 of 2012)

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    (7)   Subject to subsection (8), if goods subject to consumption tax were supplied successively as provided under section 18(8) or (9), and the supply occurred during a period that began before and ended after this Act came into effect, tax under this Act is imposed on the portion of the consideration for the goods supplied after this Act came into effect.

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    (8)   Subsection (7) applies only if —

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      (a)     the value of the consideration for the goods on the day before this Act came into effect is determined in a manner approved by the Comptroller; and

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      (b)     the required documentation is submitted to the Comptroller in the form approved by the Comptroller by the end of the supplier's first tax period after this Act becomes effective.

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    (9)   Notwithstanding subsection (8), if construction, reconstruction, manufacture or extension of a building or civil engineering work is performed under a written agreement executed before this Act came into effect and the property is made available to the recipient after that date, tax is imposed only on the value of the work performed after that date if the value of the work on the day before this Act came into effect is determined in a manner approved by the Comptroller and is submitted to the Comptroller by the end of the supplier's first tax period after this Act becomes effective.

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    (10)   If immovable property is provided under a rental agreement for a period that commences before and ends after the effective date of this Act, the consideration for the rental must not include the amount attributable to the portion of the period that ends before the effective date.

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    (11)   For the purposes of section 30(1)(c), an amount paid as a prize or winnings does not include an amount attributable to obligations or contingent obligations that exist immediately before this Act comes into effect.

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    (12)   A person who is required to register under section 12 as of the effective date of this Act must register no later than 2 months before the date that this Act comes into effect, and any such registration is effective as of the date that this Act comes into effect, even if the application for registration is filed up to 3 months before the effective date.

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    (13)   The Minister may make Regulations for other transitional measures relating to the end of any repealed tax under section 111, the start of value added tax, or the transition from any repealed tax under section 111 to value added tax.

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    (14)   In this section “repealed legislation” means the legislation referred to in section 111(1).

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