Value Added Tax (Amendment) Act 2004 · As enacted
19. Amendment of the First Schedule to the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The First Schedule to the principal enactment is hereby amended as follows :—
by the insertion immediately after the Heading “First
Schedule” of the following :—
“PART I
For any taxable period commencing on or after August 1,
2002 and ending prior to January 1, 2004—”
by the addition at the end of that Schedule of the following :—
in item (xi) of that Schedule by the addition immediately after paragraph (i) of the following :—
“(j)
the transfer of non-performing loans of a licensed commercial bank to any person in terms of a restructuring scheme or other scheme of such bank as approved by the
Central Bank of Sri Lanka;”;
by the repeal of item (xxii) of that Schedule and the substitution therefor of the following item :—
“(xxii)
The supply of services by a person in Sri Lanka to any other person outside Sri Lanka to be consumed or utilized by such other person outside Sri Lanka for which the payment is made in Sri Lanka rupees;”;
in item (xxviii) of that Schedule by the substitution for the words “white canes for the blind and Braille typewriters and parts;”, of the words “white canes for the blind, Braille typewriters and parts, Braille writing paper and
Braille writing boards ;”;
by the repeal of item (xxxiii) of that Schedule and the substitution therefor of the following :—
“(xxxiii)
The supply or import of pharmaceutical products and drugs
(other than cosmetics, including such products certified by the Cosmetics,
Devices and Drugs Authority, established by the Cosmetics,
Devices and Drugs Act, No. 27 of 1980, and raw material for the production or manufacture of such products or drugs;”;
in item (xxxvi) of that Schedule by the substitution for the words “agricultural machinery.”; of the words “agricultural machinery;”;
by the addition immediately after item (xxxvi)
of that Schedule of the following new items :—
“(xxxvii)
The import of a motor vehicle specially designed for use by a disabled person approved for the purposes of this item by the Minister, on his being satisfied that such vehicle is for use specifically by such person ;
The import of any medical machinery, medical equipment or an ambulance by any organization approved by the Minister, on his being satisfied that such machinery, equipment or ambulance are gifts from persons or organizations abroad ;
The import of any capital items required for the purpose of providing training by any institution, providing vocational training or practical training approved for the purposes of this item by the Minister in charge of the subject of Tertiary Education and Training in consultation with the
Minister where the Government has provided funds or other assistance to such institution and the surplus funds of such institution are re-invested as to the maintenance of such institution.”;
by the addition immediately after item (xxxix)
Part I of the First Schedule of the following new Part :—
“PART II
For any taxable period commencing on or after January 1,
2004,—
The supply or import of —
paddy, seed paddy, rice, wheat, cardamom, cinnamon, cloves, nutmeg, mace, pepper, desiccated coconuts, rubber, latex, fresh coconuts, green leaf, rice flour, wheat flour, bread, infants' powdered milk, eggs and liquid milk (not made out of powdered milk or any grain) ;
pharmaceutical products and drugs (other than cosmetics including such products and drugs certified by Cosmetics, Devices and Drugs
Authority, established by the the Cosmetics,
Devices and Drugs Act, No. 27 of 1980, and raw materials for the production or manufacture of such products or drugs ;
ayurvedic preparations which belong to the
Ayurveda Pharmacopoeia or Ayurveda preparations (other than cosmetic preparations)
or unani, siddha or homeopathic preparations
(other than cosmetic preparations) and raw materials for such preparations ;
aircrafts, helicopters, pearls, diamonds, natural or synthetic, precious or semi precious stones, diamond powder, precious metals, metals clad with precious metals, gold coins and temporary import of any plant, machinery or equipment or any goods to be used as exhibition materials or as materials in any technical demonstration which are re-exported within twelve months from the date of import ;
books (other than cheque books, periodicals, magazines, newspapers, diaries, ledger books and exercise books), and unused postage and revenue stamps of the Government of the
Democratic Socialist Republic of Sri Lanka or of a Provincial Council ;
crude petroleum oil, kerosene, aviation fuel and oil for ships ;
artifical limbs, crutches, wheel chairs, hearing aids, accessories for such aids or appliances which are worn or carried or implanted in the human body to compensate for a defect or disability, white canes for the blind, Braille typewriters and parts, Braille writing papers and
Braille writing boards ;
agricultrural tractors ;
cellular mobile phones ;
agricultural machinery and fertilizer (effective from 01.07.2004).
The supply of —
educational services by an educational establishment or government schools or schools funded by the government or (effective from 01.07.2004) schools registered with the
Ministry of Education that follow the government curricula and public liberary services by the government, a Provincial
Council or a local authority;
public passenger transport services (other than air transport, water transport, or transport of tourists, excursion tours and taxi services) or the provision of leasing facilities for such motor coaches with seating capacity not less than twenty eight passenger seats and used for such public passenger transport if such lease agreement entered into prior to
January 1, 2004;
electricity not exceeding 40 kwh per consumer as defined under the Electricity Act (Chapter
205) per month ;
free or subsidised meals by an employer to his employees at their places of work and transport free or at a subsidised rate by an employer to his employees using a motor coach between the place of residence and work place of such employees;
services in relation to burials and cremations by any institution or person ;
services by a person in Sri Lanka to another person outside Sri Lanka to be consumed or utilised by such other person outside Sri Lanka for which the payment is made in Sri Lanka rupees ;
services at a restaurant situated beyond the immigration counter at the Bandaranaike
International Air Port ;
goods and services to the mission of any state or any organization to which the provisions of the Diplomatic Privileges Act, No. 9 of 1996
applies or to any diplomatic personnel of such mission or organization who is entitled to such benefits provided that reciprocal benefits are available to their counter parts from Sri Lanka and identified as such by the Commissioner-General ;
goods funded directly by foreign organizations as approved by the Minister for the relief of sudden distress caused by natural or human disasters;
the following financial services —
the operation of any current, deposit or savings account;
the exchange of currency;
the issue, payment, collection or transfer of ownership of any note, order for payment, cheque or letter of credit ;
the issue, allotment, transfer of ownership, drawing, acceptance or endorsement of any debt security, being any interest in or right to be paid money owing by any person;
the issue, allotment or transfer of ownership of any equity security, debt security or participatory security ;
the underwriting or sub-underwriting the issue of any equity security, debt security or participatory security ;
the provision of any loan, advance or credit ;
the provision —
of the facility of instalment credit finance in a hire purchase conditional sale or credit sale agreement for which facility a separate charge is made and disclosed to the person to whom the supply is made ;
of goods under any hire purchase agreement or conditional sale agreement, which have been used in
Sri Lanka for a period not less than twelve months as at the date of such agreement ;
the life insurance, “Agrahara” insurance and crop and livestock insurance ;
the transfer of non-performing loans of a licensed commercial bank by way of transfer of such loans to any other person in terms of a re-structuring scheme or other scheme of such bank as approved by the Central Bank of Sri Lanka with the concurrence of the Minister.
the supply, lease or rent of residential accommodation other than the supply, lease or rent of residential accommodation by an enterprise which has entered into an agreement with the Board of Investment of Sri Lanka, under section 17 of the Board of Investment of
Sri Lanka Law, No. 4 of 1978, on or after April 1, 2001 and the total cost of the projects which such agreement relates is not less than ten million United States dollars or its equivalent in any other currency and the project relates exclusively to the aforesaid supply, lease or rental ;
all healthcare services provided by medical institutions or professionally qualified persons providing such care, other than the supply of healthcare services by a medical institution which has entered in to an agreement with the
Board of Investment of Sri Lanka under section 17 of the Board of Investment of Sri Lanka Law
No. 4 of 1978, on or after April 1, 2001 and the total cost of the project to which such agreement relates is not less than ten million
United States dollars.
The import of—
goods by the mission of any state or any organization to which the provisions of the
Diplomatic Privileges Act, No,9 of 1996
applies, or by any diplomatic personnel of such mission or organization, including the import under a temporary admission carnet for re-export ;
any article entitled to duty free clearance under the Passenger’s Baggage (Exemptions)
Regulations made under section 107 of the
Customs Ordinance, or any article cleared duty free on a re-importation certificate as provided for in Schedule A of the Customs Ordinance, or any article cleared ex-bond for use as ship stores ;
goods by any organization approved by the
Minister, where he is statisfied that such goods are gifts from persons or organizations abroad for the relief of sudden distress caused by natural or human disasters or such goods being medical machinery, medical equipment or an ambulance ;
goods by any person who has entered into an agreement—
prior to May 16, 1996; or
prior to April 1, 1998 in respect of a project, the total cost of which is not less than Rs. 500 million, with the Board of Investment of Sri Lanka under section 17 of the Board of Investment of
Sri Lanka Law No. 4 of 1978, which goods are prescribed as a project related article, to be utilised in the project specified in the agreement, during —
the project implementation period of such project as specified in such agreement; or
upto the date of completion of such project, which date shall not be later than thirty six months from the date of the last agreement entered into prior to the 19, November, 2003, whichever is earlier, other than any article in the negative list published by the Secretary to the Treasury for the purpose of this paragraph.
goods by any person who has entered into an agreement with the Board of Investment of Sri
Lanka under section 17 of the Board of
Investment of Sri Lanka Law No. 4 of 1978, which is prescribed as a project related article, to be utilised in the project specified in the agreement, which project one completed will be solely in the business of making exempt supplies,—
for a period of two years from August 1,
2002; or
until the completion of the project as determined by the Board of Investment of Sri Lanka, whichever is earlier, other than any article in the negative list published by the Secretary to the Treasury for the purposes of this paragraph;
personal items and samples in relation to business worth not more than ten thousand rupees through parcel post or courier ;
a motor vehicle by a disabled person specially designed for use by disabled persons approved by the Minister, on his being satisfied that such vehicle is for use specifically by such person ;
any capital items required for the purposes of providing training by any institution providing vocational training or practical training approved by the Minister in charge of the subject of Tertiary Education and Training in consultation with the Minister where the
Government has provided funds or other assistance to such institution and the surplus funds of such institution are re-invested as to the maintenance or improvement of such institution ;
The import and supply of goods at duty free shops for payment in foreign currency.”.