Value Added Tax (Amendment) Act 2013 · As enacted
11. Amendment of section 22 of 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
Section 22 of the principal enactment as last amended by the Value Added Tax (Amendment) Act, No.7 of 2012 is hereby further amended as follows:-
in subsection (1) of that section, by the repeal of the first proviso to that subsection and the substitution therefor of the following :-
“Provided that, the amount of tax due on the supply of –
garments within such percentage as is permitted to sell locally by the Board of
Investment of Sri Lanka, established by the
Board of Investments of Sri Lanka Law, No.
4 of 1978 under any agreement entered into by the manufacturer of garments for export under section 17 of the aforesaid law as approved by the Board of Investment of
Sri Lanka or the Director-General of
Customs , shall be rupees twenty five for each such garment so supplied within Sri Lanka;
fabric including any product as specified in the following sub-paragraphs made out of fabric within such percentage as is permitted to sell locally by the Board of
Investment of Sri Lanka, established by the
Board of Investment of Sri Lanka Law, No.
4 of 1978, under any agreement entered into by the manufacturer of fabric for export under section 17 of the aforesaid law, as approved by the Board of Investment of
Sri Lanka or the Director-General of
Customs shall be at the following rates:—
Act, No. 17 of 2013
“(i) linen or curtains at rupees forty per kilogram;
towels at rupees twenty five per item;
bags made out of fabric at rupees forty per item ;
excess fabric as cut pieces not more than two metres in length of each piece at rupees twenty five per kilogram;
any other fabric at rupees forty per kilogram.”.
in subsection (5) of that section –
in paragraph (e) of the second proviso, by the repeal of all the words commencing from “(e) there is an excess of input tax” to the words “more than fifty per centum”and the substitution therefor of the following:-
“(e) there is an excess of input tax including tax deferred under section 2, of any registered person who is registered with the Simplified
Value Added Tax Scheme administrated by the Commissioner-General referred to in paragraph (e) of subsection (2) of section 2
with effect from April 1, 2011, being a supplier of goods to exporters of goods, referred to in that paragraph for the taxable period was more than fifty per centum.”;
in the third proviso, by the substitution for the words and figures, “in items (i), (ii), (iii) or (iv) of paragraph (e) of subsection (2)”, of the words and figures “in items (i), (ii), (iii), (iv), (v) or (vi ) of paragraph (e) of subsection (2)”;
Act, No. 17 of 2013
in subsection (6) of that section, by the addition immediately after sub-paragraph (iv) of that subsection, the following new sub-paragraph:-
“(v) on any tax invoice issued prior to the commencement of the liability to tax unless such tax invoice is connected to any business approved under subsection (7) of this section”;
by the repeal of paragraph (ii) of the second proviso to subsection (10), and the substitution therefor of the following new paragraph:-
“(ii) supplies on which the tax is differed under this
Act, being supplies made to exporters by a supplier so far as both are registered persons with the
Simplified Value Added Tax Scheme administrated by the Commissioner-General referred to in paragraph (e) of subsection (2) of section 2 subject to the conditions specified in the guidelines specified by the Commissioner-General; and
by the insertion immediately after subsection (10), the following new subsection:-
“(11) Subject to the provisions of subsection (5) of section 16, any unabsorbed balance of the allowable input tax, calculated in terms of the provisions of this section, as at December 31,
2012, not claimable after January 1, 2013, due to the cancelation of the registration of any registered person whose total supplies does not exceed rupees three million for a period of three months and rupees twelve million per year in the year commencing from January 1, 2012
and ending on December 31, 2012, may be set off against the taxes administrated by the
Commissioner-General on a request made in writing to the Commissioner-General for such purpose:
Act, No. 17 of 2013
Provided that, the tax under this subsection shall be set off after the finalization of the liability on the cancellation of the registration with the approval of the Commissioner-General.”.