95 tal-1994

of 1994

L.N. "

VALUE ADDED TAX Acr, 1994

(ACT NO. XII OY I",.)

V"ue Adftci Tu (FbeaJ RKd pls) Rec*tlons, 1994

IN uercise of the powers conferl'C'd by 5«1;0011 40, 4\ and 61

of the Value Added Tax Act. 1994, Ilereinaflcr in thC$e regulations

M

the Minister of Finlll"lCe has made the

referred 10 as "the Ael

,

following I"Cgulatiom: -

(I) These regulations may be ci ted as tbe Value Added au _ _

=-

Tu (FISCal Receipts) Regulations, 1994.

(2) These regulations sllall be deemed to lIave come inlo

force On the 151 Septembe r , 1994.

(I)

In thesc regulalions, unless the contexl otherwise 1nt<TpRta ......

Tequila -

MflSCal cub registe r~ means. ash register which ronforms

with the requiremenlS specified in regulation 11 of these

replations;

Mfiscal rtI:Cipt M means ~ !'«eip' issued on a form supplied by

the Commissioner and containing all tile information and details

requi red to be specified thereon in ao;«lrdan<:e with the sai d

form , or a receipt issued by means of • fiscal cash register.

(2)

Other terms shall have the mn ning assigned 10 lhem

in lhe Act .

J. Subject 10 Ihe other provisions of lhese regulations , every O"til

taxable person who makes a la.u ble lupply or a supply rdem:d 10 ..... .-;po.

in Part One of the ScC(lnd Schedule 10 the Act (ucmpl with credi t

supply) shall , c ~cept where he is requircd to issue a tu invoicc in

respect of that supply , issue a fiscal receipt in accordance with tllese

regulation s for the C(lnsidcllltion paid to him for that supply.

( I) Subjed 10 lhe provi:5ions of regulations S, 6 and 7 of ~..,.

lbese regulations, a fi$Cll receipt issued by a person whose busineu _~ ..

includes the SI.Ipply of goods by relaillhall be issued by mCiUl$ of a -..,

fISCal cash register : provided that in respect of any such su ppl y made

by such penon in any period during which he is unable , for .

reaSOflable cause . to issue a fiscal receipt by means of a fiscal cash

registe r , he shall issue a fiscal rcceipt on a form supplied hy the

Commissioner.

(2) For the purposes of paragraph ( I) of this regulation.

the following shall DOl be deemed 10 constilule a reasonable cause

nOI being in ~ of a ftSl:al cash regisler;

(a>

(b)

not being in pos5t:SSion of stalioncry or olher malerial

required for the functions of the fiscal cash .cgUte.;

(c) defccl$ in the funetioning of a fiscal cub register

except wnere prompt and reasonable measures have bee n taken

10 re~dy such defect •.

(I) A per50n who maltes supplies from a ~hjcle ronsisting

in door-to-door delivery. or in the delivery 10 the public on 11. public

road, of gas, milk and milk prodllCtS or bread shall not be required

10 iMue I fISCal reo::;pl for ~ry luch suppi)' if he iuues one fiscal

re«ip( (hereinafter in lhis regulalion referred 10 as ~ I daily receipt~)

which accounts lor all the said wppiies made on ekh dIIy in lhe

manner prCKribcd in the other provisions of Ihis regulation.

(2) A daily receipt shall be a fiscal receipt which accounts

for the difference between the goods loaded On Ihe vehicle from

which the said supplies an: made all(! tile goods remaining on the

vehicle after the lIIid supplies an: made for that day as if such

difference n:present~ goods ~upplied in one supply.

(l) A person who isslle$ daily receipts sllall keep the

originals thereof together with tile other records he is required to

keep for the purposes of the Act.

(4) A person who issues daily receipts sllall be ~uired to

issue fiscal rCCleipu in aOODJdana: wi tll the other regulations of these

regulatiom in respc:d of any supplies not refened 10 in this

regulation.

(I) A riseal receipt in respect of su pplies of goods made by

means of a vending maclline shall accou nt for the di fference in the

goods stocked in tile machine every time and immediately after

goods are loaded therein and the goods. stocked in the maclline

immediately before goods are loaded again therein as if that

differeno.:e represented goods supplied in one supply; provided that

the first receipt to be made in itClOOTdana: with this regulation by a

person who is a tillable person on tile first JanuaT)'. I99S shall

acoount for the difference in the goods stocked in the machine on the

1st JanuaT)', 1995 and the goods stocked tllerein immediately before

the first time in 1995 that goods arc loaded therein.

(2) A person who makes supplies of goods by means of a

vending machi ne sllal1 lake re"dings of stocks eveT)' time goods arc

loaded into the machine and he sllall keep a record of such readings

and the original of all receipts issued in accordance with this

regulation together with the other records he is required to keep for

the purpose$ of the Act.

( I) A fiscal reo.:eipt in respect of supplies of servica made

by means of a machine operated by coins $hall be issued eveT)' time

coins arc withdrawn from th.e machine:. and $hall &eeOUnt for the

value of the coins 50 withdrawn as if that val ue represent~ the value

of services supplied in one supply.

(2) A penon who makes supplies referred 10 in paragraph

(I) of this regulation shall keep a record of ooins withdrawn from

and of coins and goods stocked by him (if any) in the machine, and

shall k« p the original of all receipts issued in accordance with the

said paragraph together wi lh the other records he is required 10 keep

for the purposes of th e Act.

(3) A fiscal re.:eipt in respect of supplies of serv~s made

by means of a machine operated by an electronic card or by any

other token shall be issued every time a card or other token is

supplied and shall account for the price charged or chargeable for the

supply of that card or token as if Ihe supply of Ihe card or other

token represented the supply of services that can be supplied by the

use of Ihat card or other token.

(I) Every person who is supplied with forms of fiscal ~nti"&

receipts by the Commissioner shall account for all such forms by fodiJalI

ko:eping in bis possession , and producing at the request of the ~~"'ppli<d

Commissioner, all unused forms, and by ko:eping one copy and CommiMonet.

producing to the Commissioner another copy of all re<.:eipts drawn

out on such forms and of all cancelled forms.

(2) Copies of used and cancelled forms of fiscal receipls

shall be delivered 10 the Commissioner as SOOn as possible after the

booklet or other form of binding in which the fi&eat receipls have

been supplied has been fully used Or at such other date as the

Commissioner may require.

(3) Any uuablc person who fails 10 account for a form of

fiscal rece ipt in Ihe manner prescribed in this regulation shall be

presumed, unless the contrary is proved , to bave failed to account

for a taxable supply.

(I) The Commissioner ma y, by means of a notice in ~f"""

writing, exempt any person, and may by means of a notice published OOti't"'to

::I"iI<aI

in the Gazette exempt any cl ass of persons from any obligation

imposed by these regulations, and such exemption may be given for

such time and with such limitations and subjeet to such conditions as

may be specified in the said notice.

(2) l11e Commissioner may at an y time by means of a

TlOtice in writing o r by means of a notice published in the Gazette,

as the case may be . revoke any exemption given in terms of this

regulation .

Every person to whom a fiscal receipt is issued shall retain Obiip<'" to

the receipt in his possession fOT a period of twenty-four hours and;::::"- .

shall, upon a request made during the said ti me by tlie Commissioner

or any office r aut horized by the Commi ssioner, produce tbe said

receipt to the Commissioner or such authorized officer.

(I)

A fiscal cash regisler slian -

(a) cater for the functions listed in par3gr11ph (2) of this

regul ation ; and

(b) be of • type spccifi<.:ally approved by the

Commi$sioner by means of a lKMioe published in the Gautte.

(2) 'The functions for which a fillCal cash registe r must

cater for the purpc:t$e of $Ubparagnph <a) of pang.ph (1 ) of thi$

regulation are

(a) printing of an itemilied re<.:eipt for the JUpplies made in

each trallSllClion indialins

(i) tile name and address of the suppl k r and the

value added tu n:gi$tration number,

the goods or services supplied,

(ii)

(iii)

the quam; l)' of each item supplied ,

(iv)

wlietller cacti item is taxable or exempt,

(v) lite total , inclusive of tu , of the eomidcrl tion

paid Or payable for the supplies included in the transaction,

(vi) xrial numbe r of transaction.

(vii)

the

tu

logo

type

as

specified

by

the

Commissioner.

cash regbter serial num ber.

(viii)

(il) dale and time of supply.

(x) andlor l u<.:h Olher details as the Commissioner

may require ;

(b) registering of all day-to-day transactions on a prin ted

journal

(c) storing of prcdcfined data in all

in~siblc

and

unalterable memo!),.