Law library · Sierra Leone · The Goods and Services Tax Act, 2009
Section 22, The Goods and Services Tax Act, 2009
Status not yet checkedThe Goods and Services Tax Act, 2009, Sierra Leone
(1) A GST adjustment event occurs if– (a) a taxable supply is cancelled;
(b) the consideration for a taxable supply is
altered;
(c) goods or services (or part thereof) that were
supplied as taxable supplies are returned to
the supplier; or
(d) the nature of a supply, whether or not it was
a taxable supply, is fundamentally varied or
altered.
40 41
Post-supply
adjustments
for GST
adjusment
events.
(2) If a GST adjustment event occurs and the GST properly
chargeable in respect of the supply exceeds the GST actually
accounted for by the supplier, the amount of the excess is treated as
output tax payable by the supplier in the tax period in which the GST
adjustment event occurred.
(3) If subsection (2) applies and the supplier has issued a
GST debit note to the recipient of the supply in accordance with
subsection (2) of section 32, the recipient of the supply may treat the
additional GST specified in the GST debit note as input tax in the tax
period in which the GST debit note is received.
(4) If a GST adjustment event occurs and the GST actually
accounted for by the supplier exceeds the GST properly chargeable
in respect of the supply, the supplier may treat the amount of the
excess as input tax in the tax period in which the GST adjustment
event occurred, but only if the supplier has issued a GST credit note
to the recipient of the supply in accordance with subsection (1) of
section 32.
(5) If subsection (4) applies and the recipient is a taxable
person, the recipient shall include in its output tax for the tax period
in which the credit note is received, the following amount:-
(a) if the recipient was entitled to a credit for all
of the input tax in relation to the acquisition,
the amount of additional GST specified in the
GST credit note;
(b) if the recipient was entitled to a credit for
only a proportion of the input tax in relation
to the acquisition, the same proportion of the
amount of additional GST specified in the GST
credit note; or
(c) if the recipient was not entitled to a credit for
the input tax in relation to the acquisition, nil.
(6) If the recipient of a supply to which subsection (4)
applies is unregistered, no GST credit note may be issued and no
input tax credit is allowed under that subsection until the supplier
has repaid the excess GST to the recipient of the supply, whether in
cash or as a credit against any amount owing to the supplier by the
recipient.
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