Input VAT Recovery Timeline- PDC issued/ Partially Paid

As per clarification,consideration need to pay within 6 months from due date. In case, we claim VAT and issued 4 equally PDC payment quarterly basis Or partially paid and balance 9 month PDC. Or partially released payment and assumed tax amount paid before expiry of 6 months.

Such other payment issues are there like back to back agreements . In all such cases,should still need to reverse VAT amount or assumed VAT amount is paid fully in first/initially payments and both parties are agree for new extended dates as well for the payment of consideration.

Still required reveral of Input recovered? 

 

Replies
SAJITH N10/03/2020 17:13:31

The 6 month period time limit is from the due date of payment rather than initial invoice date. So if contractually the payment is due only after 6 months then the liability to reverse the input should fall upon non-payment for a period of 6 months commencing from the said due date. If one has issued PDC which is due to be cleared on such due dates, the intention to pay is already established provided such due dates are contractual established as well...in my view. The clarification issue has touched upon a scenario where approval process is involved rather than PDC payments. Issue of PDC in a way confirms approval and intention.

0 Like  
Nusrat Abbas10/03/2020 17:53:49

In case, where parties redesigned contractually payment term of the goods supplied 8 months ago where Invoice date May 01,2019 with 30 days payment term. On October 30, revised payment terms 120 days contractually agreed further hence actual 6 months from due date already expired but revised term are still valid with intention to pay. In this case, should reversal/adjustment need to pass or not?

0 Like  
SAJITH N10/03/2020 18:13:10

I think FTA would assess these on case to case basis after evaluating the nature of supply and rationale/circumstances based on which restructuring of payment term has taken place. Note that intention of the Law is to prevent taxable persons from taking undue advantage of supplier invoices by not paying the due consideration (VAT) to the supplier. This is a good point for which clarification can be sought from the FTA.

0 Like  
Nusrat Abbas11/03/2020 09:47:24

If we assume that consideration (VAT Amount Only) paid immediately or within 6 months and principal still outstanding. In such a case still VAT need to Reverse or Not ? Recipient had paid VAT amount already within defined period hence VAT compliance has been made in overall & broad scenario.

0 Like  
SAJITH N11/03/2020 10:56:33

in such a case reversal would not be required

0 Like  
Nusrat Abbas11/03/2020 11:17:13

Thanks Sajith.

0 Like  

Reply :

Login to reply. click here

Q&A

Submit Query