Law library · Sierra Leone · The Goods and Services Tax Act, 2009
Section 15, The Goods and Services Tax Act, 2009
Status not yet checkedThe Goods and Services Tax Act, 2009, Sierra Leone
(1) A person is required to apply for registrationunder this Act on the last day of any month, if–
(a) the person exceeded the registration
threshold in the period of 12 or lesser months
ending on that day;
(b) the person exceeded one-third of the
registration threshold in the period of 4
months ending on that day; or
(c) there are reasonable grounds to expect that
the person will exceed the registration
threshold in the twelve-month period
commencing on the following day.
(2) Subject to subsection (3), the registration threshold
is a GST-exclusive turnover of taxable supplies in any twelve month
period exceeding Le 200,000,000 and may be amended by statutory
instrument.
(3) In determining whether a person has exceeded the
registration threshold under subsection (2)–
(a) the value of supplies made by the person is
treated as if it did not include-
(i) the value of a supply that is not taxable
or that would not be a taxable supply if
the person were registered;
(ii) the value of a supply by way of sale of
one or more capital assets of the person;
(iii) the value of a supply made solely as a
consequence of the person selling the
person’s taxable activity or part of that
taxable activity; or
(iv) the value of supplies made solely as a
consequence of the person permanently
ceasing to carry on its taxable activity;
(b) the value of supplies made by the person
includes the value of supplies the person
would be treated as making under section 24
if the person were registered; and
(c) the Commissioner-General may require the
person to include the value of supplies made
by a related person if he is satisfied that it is
appropriate to do so due to the nature of the
activities carried out by the related person,
the way in which the taxable activities of the
taxable person and the related person are
carried on, the connections between those
persons or between the activities carried on
by them or any other factors that the
Commissioner-General considers to be
relevant .
(4) A person is required to apply for registration,
irrespective of whether the person exceeds the registration threshold–
(a) if the person is a government entity or a local
council that carries on a taxable activity, at
the earlier of the day 2 months before the day
referred to in subsection (1) of section 1 or 7
days before the date on which the person
commences carrying on a taxable activity; or
(b) if the person is a promoter of public
entertainment or a licensee or proprietor of a
place of public entertainment, the earlier of 7
days before the day on which the person
commences carrying on a taxable activity or
a day not later than 2 days before the
entertainment will be provided.
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Application
for registra-
(5) A person who is not required to apply for registration
may apply for registration if the person is carrying on a taxable activity
and makes or intends to make supplies that would be taxable if the
person were registered.
(6) An application for registration shall be made to the
Commissioner-General in the prescribed form and, in the case of a
person who is required to apply for registration, shall be lodged with
the Commissioner-General within 30 days of the date on which the
person is required to apply for registration
(7) For the purposes of paragraph (b) of the definition of
a taxable person, a person is not a taxable person under that
paragraph–
(a) unless the prescribed period for applying for
registration has elapsed without the person
having submitted an application for
registration; or
(b) if the person submitted an application for
registration within the prescribed period but
that application has not yet been dealt with
by the Commissioner-General,
and for the purposes of this subsection, defects in the form or content
of an application for registration not affecting the substance do not
make the person a taxable person.
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