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All FAQs   69

A foreign business cannot register for ASYCUDA in Swaziland; they will need to use an agent who is registered for ASYCUDA in Swaziland

It is difficult to say since SRA does not have the details of its capabilities. However if it has been developed in SA and can handle the requirements of VAT in SA then there is a very good chance that it should be able to handle Swaziland VAT. SRA has not reinvented the wheel. Swaziland VAT is very similar to VAT in other countries, particularly SA in many respects. If the business is only an agency then there shouldn’t be any complications.

Yes, the supply that agencies are making is a taxable supply. As long as agencies meet the registration threshold of E500, 00.00/annum with regards their commissions (and any other taxable income), the law requires that they register and issue tax invoices, submit returns and payments, keep proper records, claim input tax etc.

The VAT Act does not provide for any compensation although businesses will be able to lower their operating costs through the input tax credit deduction system which is not available to businesses that are not registered.

On the issue of reporting, the duty still lies with the principal (if required to register) and if the agency has agreed to do the ‘additional’ work on his behalf that will be in terms of the agency contract, but the obligation remains with the principal.

Where the supply is made by the principal to the third party and if the total taxable turnover of the principal exceeds E500, 000.00, then that principal should register for VAT and should then comply with all the requirements which include among others issuing tax invoices, submitting returns and remitting VAT due.

YES. The supply of residential accommodation is exempt from VAT. Rentals of buildings for commercial purposes are taxable at the standard rate of 14%.

Importation of machinery will be charged VAT at importation. If the importation is done by a VAT registered person the VAT charged at importation can be claimed as input tax. If the importation is done by a non-registered person it will be a cost. The same applies when sourced locally.

The importation or local acquisition of livestock is taxable. Any supply of livestock by a local person who is registered for VAT is taxable at the rate of 14%

Where the Swaziland based registered business supplies goods, and the foreign buyer consigns the goods from Swaziland; the supply must be standard rated (or zero-rated if covered by the Second Schedule of the VAT Act).

Direct exports are transactions whereby the Swaziland based supplier is responsible for consigning or delivering the goods at an address outside of the country.  This must be evidenced by documentary proof of export.

Direct exports are zero-rated; indirect exports on the other hand are standard-rated (or zero-rated if covered by the Second Schedule of the VAT Act.)

Yes. However, a person who wishes to benefit from this facility may apply to the Commissioner General for admission into the scheme. The application form may be downloaded here.

As from the 1st of April, goods imported as accompanied passengers’ baggage for personal use of a total value not exceeding E250 per person, are exempted from VAT.

There are no current plans to enter into a MoU with Mozambique. Mozambique is applying a standard VAT rate of 17% which makes it complicated to enter into an arrangement similar to the one SRA is shortly to enter into with SARS

No. VAT incurred outside Swaziland is governed by a jurisdication outside of Swaziland.

Yes. The import of goods by any person into Swaziland is taxable at the applicable rate. It is irrelevant whether or not you have incurred VAT in the country of origin. However, through Sekulula VAT Easy, the VAT incurred in the Republic of South Africa (excluding VAT incurred on Motor vehicles) may be used to settle import VAT on the Swazi side if valid. Sekulula VAT Easy requirements can be accessed here.

Section 28 and 51 of the VAT Act refers. Taxpayers must keep accounts and records for at least 5 years. Businesses have up to 5 years to claim input tax credit; the SRA can also make an assessment going back as far as 5 years in respect of output tax.

Input tax cannot be claimed in the absence of a tax invoice and if the purchase will not be used for making taxable supplies. A business will have to insist on a tax invoice from its suppliers if it is dealing with a taxable person.

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Provisional Tax:

1st payment is due no later than 31st December

2nd payment is due no later than 30th June

3rd payment is due on receipt of Notice of Assessment after having submitted Income Tax returns


Remittance of PAYE:

No later than the 7th every month


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