Law library · Sierra Leone · The Goods and Services Tax Act, 2009
Section 17, The Goods and Services Tax Act, 2009
Status not yet checkedThe Goods and Services Tax Act, 2009, Sierra Leone
(1) A registered person who ceases to make taxablesupplies for a six-month period and who does not intend to make
taxable supplies within a further consecutive twelve-month period,
shall, in the prescribed form, apply to the Commissioner-General for
cancellation of its registration within 7 days after the end of the sixmonth period.
(2) A registered person who makes taxable supplies but
does not exceed the registration threshold for a twelve-month period
may apply to have its registration cancelled, except where the person
is required to be registered irrespective of the registration threshold.
30 31
Cancellation
of registra-
(3) The Commissioner-General shall, by notice in writing,
cancel the registration of a person who has applied for cancellation if
he is satisfied that the person is required or permitted to apply for
cancellation of registration.
(4) The Commissioner-General shall, by notice in writing,
cancel the registration of a person who has not applied for cancellation
if he is satisfied that the person has ceased to make taxable supplies
for any twelve-month period.
(5) The cancellation of a person’s registration takes effect
from the date set out in the notice of cancellation, which shall not be
less than 2 years after the date on which the registration commenced
or such earlier date as the Commissioner-General considers
appropriate.
(6) A person whose registration is cancelled under this
section is treated as having made a taxable supply of goods or services
on hand at the time the registration is cancelled, but only if the person
was allowed an input tax credit in respect of the acquisition or
importation of those goods and services or in respect of the
acquisition of goods and services which have been subsumed into
those goods or services.
(7) The taxable supply referred to in subsection (6) is
treated as having been made–
(a) on the day before the cancellation of the
person’s registration; and
(b) for a value equal to–
(i) if the goods or services have been used
in the person’s taxable activity, the lesser
of the fair market value of the goods at
that date or the consideration paid or
payable for the acquisition of the goods
or services by the person; or
(ii) if the goods or services have not been
used in the person’s taxable activity, the
consideration paid or payable for the
acquisition of the goods or services by
the person or if the deemed supply
relates to goods imported by the person,
references in this paragraph to the
consideration paid or payable by the
person for the acquisition of the goods
shall be taken to refer to the value of the
import for the purposes of this Act.
(8) If a person’s registration is cancelled under this
section, the person shall–
(a) immediately cease to hold out in any way
that the person is a registered person;
(b) immediately cease to use any documents,
including GST invoices, receipts, credit notes
and debit notes, that identify the person as a
registered person;
(c) immediately return the person’s GST
registration certificate, and any certified
copies thereof, to the Commissioner-General;
(d) within 30 days after the date of cancellation
of the person’s registration, lodge a final GST
return and pay any GST due, including GST,
if any, due under subsection (6),
(9) An application for cancellation of registration shall
be in the prescribed form.
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