avoiding common gst errors (may 2012)

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  • 8/12/2019 Avoiding Common GST Errors (May 2012)

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    Inland Revenue Authority of Singapore | 55 Newton Road Revenue House Singapore 307987 | phone 1800 3568633 | fax 6351 3553

    Page 1

    Avoid Costly

    GST Errors

    GST registered businesses are responsible for the properaccounting of GST. Where they make errors in reporting thecorrect GST amount to IRAS, they may face penalties,particularly when errors are uncovered during IRAS audits.

    However, you can avoid such costly penalties if you exercisegreater care when filing your GST returns. You should alsoperiodically review your past GST returns to uncover and rectifyerrors in a timely manner.

    To help you fulfill your tax obligations, we have compiled a list ofcommon GST errors that businesses should seek to avoid.

    Zero-rated Supplies errors

    Wrongly zero-rateddue to:

    Service provided not eligibleas international service

    under section 21(3) of the

    GST Act

    Export of goods not

    evidenced by required

    documents

    Taxable Purchases and Input Tax errors

    Wrongly claimed input taxon:

    Invalid supporting documents or absence of tax invoice or import permit

    Non-business expenses or expenses incurred directly for the making of exempt supplies

    Medical, insurance, car and other expenses disallowed under Regulations 26 and 27 of the GST (General)

    Regulations

    Standard-rated Supplies

    and Output Tax errors

    Omitted output taxfor: Sale or disposal of business

    assets

    Goods given free as gifts

    Trade-in transactions

    Recovery of expenses

    Exempt Supplies errors

    Incorrect reporting of

    exempt suppliesfor:

    Exchange gain / loss

    Interest received

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    Recovery of expenses

    When you recover the expenses from another party (e.g.

    your subsidiary or customer), whether GST needs to be

    charged on the re-billed amount will depend on whether

    the recovery of expenses is a reimbursement or

    disbursement.

    Disbursement is not subject to GST. You do not charge

    GST on a disbursement i.e. where you are merely

    recovering costs from having made payment on behalf

    of a third party. The goods or services you have paid forwas acquired directly by the third party in his own name.

    Your recovery of costs from a third party cannot be

    treated as disbursementif:

    You acquire the goods or services and incur the cost

    as a principal. This occurs when:

    - you contract for the supply of goods or services in

    your own name or capacity;

    - you are legally obliged to paythe supplier of the

    service or goods; AND

    - you receive the goods or services or the benefits

    of the goods or services directly from thesupplier.

    The goods or services are used or consumed by you

    in the course of making your supplyto a third party

    You must charge and account for GST on the recovery of

    expenses if it does not qualify as a disbursement.

    Sale or disposal of business assets

    You must account for output tax on the consideration

    (e.g. money) receivedwhen you sell or dispose of your

    business assets (e.g. office furniture or equipment,

    factory machinery, non-residential property).

    If your assets have market value and you dispose of it

    for free, it is a deemed supplyand output tax must be

    accounted for on its open market value (OMV) of the

    assets.

    Goods given free as giftsSimilarly, when you give away goods for free to your

    customers or employees, you must account for output

    tax on the gift.

    Prior to 1 October 2012, you are required to account for

    output tax based on the OMV of the free gifts of

    goods/assets except when:

    The cost of the gift or goods is not more than $200

    and it does not form a series of gifts*; or

    You were not entitled to claim input tax on the

    purchase or import of the goods.*Series of giftsrefers to a situation where 3 or more gifts

    (regardless of value) are given to the same person within a period

    of 3 months. Gifts purchased from non-GST registered persons

    must also be taken into account.

    Standard-rated Supplies and

    Output Tax

    Inland Revenue Authority of Singapore | 55 Newton Road Revenue House Singapore 307987 | phone 1800 3568633 | fax 6351 3553

    Page

    Trade-in Transactions

    A trade-in transaction is treated as 2 separate supplies

    for GST purposes.

    You must charge GST on the full selling price of the

    goods you traded in and not on the net difference only.

    Sale or disposal of business assets / Goods

    given free as gifts

    With effect from 1 October 2012, you are required to

    account for output tax based on the OMV of the free gifts

    of goods/assets except when:

    The cost of the gift or goods is not more than $200; or

    No credit for input tax was allowed* on the purchase

    or import of these goods.

    *If the GST on the supply of the goods to you has been suspended

    (e.g. goods imported under Major Exporter Scheme), the GST

    suspended is treated as input tax allowed to you.

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    DO NOT REPORTin GST

    Returns:

    Out-of-Scopesupplies (i.e.

    sale of goods from country

    outside Singapore to

    another country outside

    Singapore)

    Non-taxable purchases

    (i.e. purchases made from

    non-GST registered

    suppliers)

    DO NOT CLAIM thefollowing input tax

    specifically disallowed

    under Regulations 26 and

    27 of the GST (General)

    Regulations:

    Club subscription fees

    (including transfer fees)

    Staff medical expenses

    and medical and accident

    insurance premiumsunless they are obligatory

    under the Work Injury

    Compensation Act or

    under any collective

    agreement within the

    meaning of the Industrial

    Relations Act;

    Benefits provided to the

    family members or

    relatives of your staff;

    Costs and runningexpenses of a motor car;

    and

    Any transaction involving

    betting, sweepstakes,

    lotteries, fruit machines or

    games of chance.

    Taxable Purchases and Input TaxGeneral Conditions for claiming Input Tax

    The goods or services must have been supplied to youor the goods have been imported

    by you;

    For local purchases

    The claim must be supported by tax invoices or simplified tax invoicesaddressed to

    you.

    For imports

    The claim must be supported by import permitsshowing you as the importer of the

    goods.

    The goods or services are used or to be used for thepurpose of your business. They

    must not be for:

    Purely private or personal activities

    Free activities provided without commercial reasons

    Activities with non-business objects in the philanthropic, religious, political, or public

    domain

    The input tax is directly attributable to taxable supplies. It must not be incurred for

    exempt supplies.

    Inland Revenue Authority of Singapore | 55 Newton Road Revenue House Singapore 307987 | phone 1800 3568633 | fax 6351 3553

    Page 3

    Zero-rated Supplies, Exempt Supplies,

    Taxable Purchases and Input Tax

    Zero-rated SuppliesNot all services provided to overseas customers or export of goods can be zero-

    rated (i.e. charge 0% GST).

    You may zero-rateyour supply only if your:

    Services qualify as international services underSection 21(3) of the GST Act.

    - See www.iras.gov.sg> GST > For GST-registered businesses > Charge &

    Claim GST > When to charge 0% GST > Providing international services

    Goods are exported or hand-carried out of Singaporeand evidenced by the

    required documents within 60 days from the time of supply.

    Exempt SuppliesThe two main types of exempt supplies are the provision of financial servicesand

    the sale / lease of residential properties.

    Common errors of exempt supplies are:

    Wrongly including the value of unrealised exchange gain or loss. Only the net

    realised exchange gain or lossneeds to be reported.

    Wrongly reporting interest received from an overseas entity (e.g. overseas

    bank) as exempt supply. Such interest should be a zero-rated supply as it

    qualifies as an international service.

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    Managing Compliance throughGST Assisted Self-help Kit (ASK)

    www.iras.gov.sg

    To assist businesses in managing their GST compliance, IRAS has developed a self-assessment

    compliance package known as ASK.

    Businesses are strongly encouragedto adopt ASK to review the correctness of GST submissions and

    discover past GST errors early to avoid or reduce penalties under IRASVoluntary Disclosure

    Programme.

    ASK focuses on 3 key aspects:

    (i) GST Practicescomprising People, Record Keeping, Systems and Internal Controls to properly

    handle GST reporting of transactions;

    (ii) Pre-filing Checklistto ensure correctness of GST returns before submission; and

    (iii) ASK Annual Reviewof past GST returns for early detection of errors.

    See www.iras.gov.sg> GST > For GST-registered businesses >

    GST Initiatives to Facilitate Voluntary Compliance > GST Assisted Self-help Kit (ASK)

    Inland Revenue Authority of Singapore | 55 Newton Road Revenue House Singapore 307987 | phone 1800 3568633 | fax 6351 3553

    Page 4

    Useful e-Tax Guides

    GST: Time of Supply Rules

    GST: Guide on Hand-Carried Exports Scheme

    GST: Partially Exempt Traders and Input Tax Recovery

    GST: Clarification on Directly in Connection With and Directly Benefit

    GST on Non-Business ReceiptsThe Business Tests and Effect on Input Tax Claims

    GST: A Guide on Exports

    GST: Fringe Benefits

    GST: General Guide for Businesses

    Please visit our website at www.iras.gov.sg to find out more information on GST

    treatment applicable to your business and to download the relevant e-Tax guides.