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Claiming input VAT for past tax periods

19 March 2014   (0 Comments)
Posted by: Author: SAIT Technical
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Author: SAIT Technical 

The answer to this query is based on legislation as at 2014/03/19. 

Q: Good day, I need a second opinion regarding the following matter.

Problem: Client did not claim input VAT for 200602.

The law: Proviso (1) to Section 16(3)(n) of the VAT Act states that: "where any vendor is entitled under the preceding provisions of this subsection to deduct any amount in respect of any tax period from the said sum, the vendor may deduct that amount from the amount of output tax attributable to a later tax period which ends no later than five years after the end of the tax period during which-

aa) the tax invoice for that supply should have been issued as contemplated in section 20(1);

bb) goods were entered for home consumption in terms of the Customs and Excise Act; 


A: I agree with your interpretation of the VAT as well as TAA – this is possible.


Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.


The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.

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