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Value Added Tax and Excise PDF
Value Added Tax and Excise PDF
and Excise
Jeyhun Mammadov
Fall 2018/2019
Principles of VAT
“
3
Value added tax – characteristics
▪ Consumption tax
▪ Independent of the economic success and status of the
taxpayer
▪ It taxes the pure usage of income similar to a transaction tax
▪ In contrast to direct tax, it distinguishes between person who
is liable and on whom it is imposed
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Value added tax – methods of calculation
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Concept of VAT
100AZN+18AZN 150AZN+27AZN 200AZN+36AZN 250AZN+45AZN
+18% VAT -18% VAT +18% VAT -18% VAT +18% VAT -18% VAT +18% VAT
18AZN 18AZN 27AZN 27AZN 36AZN 36AZN 45AZN
STATE BUDGET
a) Taxpayers, who are registered for VAT are required to charge VAT on their sales
and must account for this output tax to state authorities, but
b) Such taxpayers are allowed to recover from state budget the input tax which they
pay to their own suppliers, so that
c) in effect, VAT registered taxpayers suffer no VAT and the total VAT is borne by
the consumer at the end of the distribution chain. 7
VAT concept in Azerbaijan
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Concept of VAT – example
A Ltd owns a quarry, where it extracts stone and sells it to B Ltd for 10,000AZN plus VAT. B Ltd converts
all of the stone into paving slabs and sells these slabs to C Ltd for 18,000AZN, plus VAT. C Ltd owns a
garden centre, where the paving slabs are sold to the general public for a total of 32,000AZN, plus VAT.
Show how VAT is charged and collected at each stage of this process, assuming that VAT is to be
calculated at 18% throughout.
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Worldwide VAT rates
Can – Rus–
5% GST 20%
EU avg –
9.7%-21% Kz–
Az, Geo, Jap – up
US – 2,5% 12%
Tur – 18% to 5%
to 8% ST Ch –
6%-17%
In –
Nig– 5%-28%
5%
Ken–
16%
Md–
20%
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Taxable person -
VAT payer
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Taxpayer for VAT
Examples Solution
(a) Jale is a sole proprietor with a (a) No. Jale's taxable turnover does not
taxable turnover of 115,000AZN per exceed the registration threshold.
annum. Is she required to register for (b) Yes. The partnership of Parviz and
VAT? Davud is one "person" for VAT
(b) Parviz and Davud are in partnership, purposes and has a taxable turnover
operating a business with a taxable exceeding the registration threshold.
turnover of 250,000AZN per annum. Is Therefore the partnership must
anyone required to register? register.
(c) Sevil is a sole proprietor with a (c) No. Sevil as a sole proprietor is one
taxable turnover of 100,000AZN per person, whilst the partnership of Sevil
annum. She is also in partnership with and Sevinj is another, quite separate,
Sevinj, operating a business with a "person". Neither of these persons has
taxable turnover of 130,000AZN per a taxable turnover exceeding the
annum and sharing profits equally. Is registration threshold so neither of
anyone required to register? them is required to register. 14
VAT registration – Exercise
Kazim begins trading on 1 January 2016 . Taxable turnover during the first two years of trading
is as follows:
2016, AZN 2017, AZN
January 4,800 January 13,800
February 5,100 February 16,400
March 5,800 March 16,100
April 6,600 April 17,600
May 7,400 May 18,100
June 7,900 June 18,900
July 8,300 July 18,200
August 8,500 August 18,900
September 9,200 September 19,800
October 10,500 October 20,100
November 11,900 November 20,300
December 11,200 December 22,700
The VAT registration threshold is 200,000 AZN. State the date on which Kazim must register for 15
VAT.
VAT registration – Exercise
At the end of each month, cumulative taxable turnover during the previous 12 months (or
since the start of trade, if less) are as follows:
• If the volume of VAT-able transactions are less than 100,000 AZN for the
preceding 12 calendar month period, taxpayer may apply for the
deregistration, once 1 year period passes after initial registration;
o Deregistration is effective from the day of application for
deregistration.
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TAX BASE
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Zero rate (0%) VAT
The tax implications of a supply of goods or services being zero-rated are as follows:
a) The supply is a taxable supply but the VAT due is calculated at 0%.
b) A person who makes only zero-rated supplies is usually register as a taxable person.
Having registered (and this may be done voluntarily if taxable turnover is less than the
threshold) the person will then be able to reclaim input tax.
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Timing of the taxable operation
YES
YES
Date of Date of the Date of the
the e-VAT Shipment
payment invoice of goods
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Timing of the taxable operation – exercise
The company AXE provided cleaning services to company BBS on the date
of March 18, 2018. The e-VAT invoice was issued on April 1, 2018 and
company BBS made a payment to company AXE on April 25, 2018.
Determine the date of the taxable operation.
The payment was made later than 30 days (38th day after provision of
services). The e-VAT invoice also was issued later than 5 days after
rendering the service – it was issued on 14th day after the taxable transaction.
Hence, the date of the taxable operation is the date of the transaction – 18th
of March, 2018.
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Place of supply
Supply of goods:
• the place, where they are transferred – where the transportation or shipment starts.
In case of installation involved, the place of installation.
Supply of work and services:
• If work and services directly connected to the immovable property, the place where
immovable property located;
• If works connected to movable property, the actual place of services (works);
• The place where art, cultural, sport, educational and similar type services actually
provided;
• If services connected to the transportation, the place of transportation service
provided;
• Location of the buyer of the services for certain services;
• Place of activity of the supplier of work and services
The place of work and services are determined based on the above order, if more 27
than one applies.
Place of supply – work and services determined by
the location of supplier
Supply of following work and services determined by the location of a supplier:
• transfer of ownership or rights on the use of patents, licenses, trade marks,
copyrights and other similar services;
• provision of advertisement, legal, accounting, engineering services as well as data
processing and similar services;
• provision of workforce;
• leasing of movable property (except of vehicles of transportation companies);
• services of agent who on behalf of the main party of agreement invites legal or
natural persons for the provision of services specified in this article;
• Telecommunication services;
• Radio, TV and postal services;
• Computer, Internet and other electronic network, services provided by e-mail or
other electronic means; or transfer of rights for such services;
• Provision of e-commerce; electronic lotteries, other competitions or contests.
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tax rate
VAT rate on taxable transactions and taxable
import is 18%
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Value of taxable supply
Value of a taxable operation is:
• Amount, which is paid or payable to taxpayer by customer or any other person;
• Market value of goods, works and services, if taxpayer receives, or is entitled to
receive goods, work or services in exchange for a taxable supply;
• Cost of goods, work or services, in case of:
• (i) their supply to its own employees or for free or in barter (swap)
operations;
• (ii) use of goods (works, services) for non-commercial activity, their loss,
damage, write-off of residual value of undepreciated assets or theft of
goods, if the input VAT was paid for them;
• (iii) on deregistration.
In all above cases the value should be calculated:
o without the consideration of VAT; 30
o including other taxes, fees and other fees, except for the road tax.
Value of taxable supply
• The value of a taxable supply is the amount on which the VAT charge is based and
this is normally equal to the price (before VAT) charged for the supply.
• For example, if supply is made at a price of 1,000AZN plus VAT at 18%, the value
of the supply is 1,000AZN and the "consideration" given for the supply is
1,180AZN.
• The VAT component of the consideration can be found by multiplying the
consideration by the "VAT fraction". With a standard rate of 18%, this is 18/118.
18
𝑉𝐴𝑇 = 𝐶𝑜𝑛𝑠𝑖𝑑𝑒𝑟𝑎𝑡𝑖𝑜𝑛 ∗
118
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Value of taxable supply – examples
EXAMPLE A
On 1 August 2017, a supply is made with a value of 200AZN. Calculate the VAT
charged and the consideration for the supply.
Solution
The VAT charged is 36.00AZN (200 x 18%) and the consideration paid for
supply is 236.00AZN.
EXAMPLE B
On 2 January 2018 , a 18%-rated supply is made for a consideration of 1,062AZN.
Calculate the VAT element and the value of the supply.
Solution
The VAT element is 162.00AZN (1,062 x 18/118) and the value of the supply is 900.00AZN.
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Mixed and composed supply
Composed supply
• Supply of goods, provision of work and services that is supplementary to the
main supply shall be considered a part of such operations.
• Provision of work and services by an exporter, which are supplementary to
the import of goods, shall be considered as a part of the import of goods.
Mixed supply
• If the operation that involves independent elements can be divided into
taxable and VAT-exempted operations, those shall be considered as
separate operations.
Or
• A "mixed supply" occurs if a mixture of goods and/or services is invoiced
together at a single inclusive price. 33
Mixed supply – example
EXAMPLE
A VAT-exclusive price of 720AZN is charged for a mixed supply of goods. The
goods concerned consist of 18%-rated goods which cost the supplier 125AZN
(excluding VAT) and zero-rated goods which cost the supplier 55AZN.
Calculate the output tax due, assuming a standard rate of 18%.
Solution
From the information given, the only way of apportioning the price of the mixed
supply into the standard-rated element and the zero-rated element is to split the
price according to the cost of each element to the supplier.
On this basis, the value of the supply represented by standard-rated goods is
720AZN x 125/180 = 500AZN. VAT at 18% of this figure gives 90.00AZN.
Therefore the total price charged should be 810.00AZN. 34
Taxation of non-residents – reverse charge VAT
• If a business receives services (including those provided via e-commerce) in
Azerbaijan from non-resident, the tax-payer must operate the reverse charge
procedure and account for output tax at the appropriate rate for the services
concerned.
• The VAT suffered by taxable persons as a result of this procedure is then treated as
input tax.
• Tax to be paid and reported by 20th of the next month after transaction
• The payment document is assumed as e-invoice, which gives a right for
reimbursement
• If the VAT suffered by non-taxable persons, such turnover is not included into taxable
operations.
o Such tax shall be paid within 7 days after payment to supplier, and
o The tax amount to be reported to tax authorities by 20th of the next month after
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transaction.
Deductible Input VAT
VAT paid for the following supplies are not allowed to be treated as deductible input
VAT:
• Meal and entrainment provided to employees;
• Accommodation cost of employees;
• Other social expenses of employees, (Article 109.3)
If a person make both taxable and non-taxable (or VAT exempt) supplies, the volume of
deductible input VAT is calculated by proportion of them:
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Tax period
The tax period is a month
Excise tax
▪ Indirect consumption tax
▪ Included in the product’s price
▪ Applies to particular (luxury) goods or services
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Taxpayers of excise tax in Azerbaijan
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Taxable operations and its timing
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Tax Base
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Refund (credit) of paid excise taxes
• Excise tax, which is paid for goods that are used for production
purposes of other excise goods, can be
o Credited against payable excise tax; or
o Refunded from the state budget
• Verification of the excise tax by:
o Electronic invoices from producer of excise goods or raw
materials; or
o Payment document of excise tax at the customs – in case of
import.
• Refund is made within 45 days after submission of documents to the tax
office.
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Taxable goods
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Reporting period and tax payment
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Tax control over excise taxes
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Penalties and interest
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