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Issues to remember when deregistering for VAT |
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Written by Nikia Bauernschmitt
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A
VAT registered person whose turnover will not exceeds N$200,000 in the
following 12 month period may apply to be deregistered for VAT and should
notify the Receiver of Revenue in writing. The deregistration will be effective
from the last day of the tax period during which the Receiver of Revenue is
satisfied with the notification.
Both
compulsory and voluntary VAT registrations should be registered for at least
two years before applying for deregistration. The VAT Act however provides that
all regional and local authorities may not deregister for VAT, irrespective if
their turnover is below N$200,000.
A
registered person who disposes of their business or where the business
activities have ceased should notify the Receiver of Revenue in writing, within
21 days of the sale or cessation of the business. The registered person should
also inform the Receiver of Revenue of the date of the cessation of the
business activities. The deregistration will only be effective when the
Receiver of Revenue is satisfied that the registered person will not be
conducting any taxable activity in the following 12 months.
Each
VAT registered person who disposes of their business as a going concern sale
should request the Receiver of Revenue to grant approval whether the sale of a business
can be regarded as a going concern sale. The following requirements should be
met for the request to be approved:
- Both the purchaser and seller should
be VAT registered at the time of the transaction.
- The agreement should clearly indicate
that the transaction is a going concern sale.
- The purchaser should continue with
the same activities as the seller at the date of the transfer.
The
Receiver of Revenue should notify you within 21 days of their decision that the
request to deregister as well as the going concern sale has been approved or
disapproved.
Each
person whose VAT registration has been cancelled is required to declare output
VAT on all goods on hand at date of deregistration on which an input tax
deduction was allowed. The output VAT of the goods should be determined on the
market value of the goods at the date of deregistration. Careful planning
should therefore be done to determine the market value of the goods on hand as
well as preventing a person having cash flow problems as a result of the output
VAT being declared without disposing of the goods.
It
is further very important that a registered person should notify the Receiver
of Revenue should you wish to deregister for VAT because the Receiver of
Revenue will only stop issuing VAT returns when informed of the deregistration.
You can not assume that if your business activities have ceased that you are no
longer required to submit VAT returns. Failure to submit nil VAT returns will
be subject to a penalty of N$100 per day for each day that the return remains
outstanding.
Taken
the above facts into consideration, you should do detailed planning or consult
someone that knows the law to assist you with the deregistration procedures.
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