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Commentary

V3.421 Conditions for VAT recovery

Part V3 Supplies, acquisitions and imports

V3.421 Conditions for VAT recovery

Introduction

Since input tax is, inter alia, VAT on the supply to a taxable person of goods or services1, it follows that the following conditions must be met for input tax credit to be available:

  1. Ìý

    •ÌýÌýÌýÌý a supply must have taken place, and

  2. Ìý

    •ÌýÌýÌýÌý the input tax credit must be claimed by the taxable person to whom the supply is made

In addition:

  1. Ìý

    •ÌýÌýÌýÌý the supply must be chargeable to tax at the rate claimed2

  2. Ìý

    •ÌýÌýÌýÌý the claimant must hold satisfactory documentary evidence of his entitlement to input tax credit3

These conditions are discussed under the headings below.

Requirement for a supply to have taken place

No entitlement to an input tax credit can arise unless the payment made relates to a supply of goods or services, even if a VAT invoice is issued. Thus, credit for input tax has been denied where the payment was compensatory and did not involve a supply4,

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