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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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