L.R.O. 1/2012
LAWS OF GUYANA
VALUE-ADDED TAX ACT
CHAPTER 81:05
Act
10 of 2005
Amended by

Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 162 ... 1/2012





6 of 2007 O. 23/2006
11/2008
3/2007

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Index
of
Subsidiary Legislation
Page
Value-Added Tax Regulations 150
(Reg. 11/2005, 13/2006)


Note
on
Revision
The Value Added Tax (Transitional) Regulations (Reg. 12/2006) have been
omitted from this publication.






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CHAPTER 81:05
VALUE-ADDED TAX ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Fair market value.
4. Supply.
5. Supply by agent or auction.
6. Taxable activity.
PART II
AUTHORITY TO ADMINISTER VAT
7. Administration of the Act; exercise of powers and performance of
duties.
8. Confidentiality of tax information.
PART III
IMPOSITION OF TAX AND PERSONS LIABLE
9. Imposition of tax and persons liable.
PART IV
REGISTRATION
10. Taxable person.
11. Registration.
12. Requirements for registration.
13. Cancellation of registration.

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SECTION
PART V
RULES RELATING TO SUPPLIES
14. Time of supply.
15. Place of supply.
16. Value of supply.
17. Zero-rating.
18. Exempt supply.
PART VI
IMPORTS
19. Time of import.
20. Value of import.
21. Exempt import.
22. Import declaration and payment of tax.
PART VII
CALCULATION OF TAX PAYABLE
23. Tax payable for tax period.
24. Input tax credit.
25. Input tax credit allocation and disallowance rules.
26. Post-sale adjustments.
27. Interest on unpaid tax.
28. Tax invoices and sales invoices.
29. Tax credit and debit notes.
PART VIII
TAX PERIOD, RETURNS AND ASSESSMENTS
30. Tax period.
31. Returns.
32. Extension of time.
33. Assessments.
34. General provisions relating to assessments.

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SECTION
PART IX
REFUND OF TAX AND TAX RELIEF
35. Carry forward of excess credits and refund of tax.
36. Interest on overpayment.
37. Others eligible for tax refund.
PART X
OBJECTIONS AND APPEALS
38. Objections.
39. Appeal to VAT Board of Review.
39A. Establishment of a VAT Board of Review.
40. Appeal to High Court.
41. Burden of proof.
PART XI
PAYMENT, COLLECTION AND RECOVERY
42. Due date for payment of tax.
43. Allocation of payments.
44. Recovery of tax as debt due.
45. Recovery of monies from persons leaving Guyana.
46. Security.
47. Preferential claim to assets.
48. Seizure of goods and vehicles.
49. Distress proceedings.
50. Recovery of tax from recipient of supply.
51. Recovery of tax from third parties.
52. Duties of receivers.
PART XII
REPRESENTATIVES AND SPECIAL CASES OF
TAXABLE PERSONS
53. Persons acting in a representative capacity.
54. Power to appoint agent.
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SECTION
55. Branches.
56. Bodies of persons (other than incorporated companies).
57. Death or insolvency of taxable person; mortgagee in possession.
58. Trustee.
PART XIII
RECORDS AND INVESTIGATION POWERS
59. Interpretation.
60. Record-keeping.
61. Access to records, computers, goods, and vehicles.
62. Records not in official language.
63. Notice to obtain information or evidence.
PART XIV
OFFENCES AND PENALTIES
Division I: Criminal Offences
64. Power to bring criminal charges.
65. Time limits for proceedings to be taken.
66. Failure to apply for VAT registration.
67. Improper VAT documentation.
68. False claim for VAT refund.
69. Failure to notify Commissioner of cessation of taxable activity.
70. Failure to comply with third-party payment notice.
71. Failure to comply with duties as receiver.
72. Failure to file VAT return.
73. Failure to maintain proper records.
74. Disclosure of confidential information.
75. False or misleading statements.
76. Obstructing taxation officers.
77. Offences by taxation officers.
78. Offences by companies, aiders and abetters.
79. Compounding of offences.
Division II: Civil Penalties
79A. Application of this Division.
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SECTION
80. Civil penalty for failure to apply for VAT registration.
81. Civil penalty for failure to declare or pay VAT on import.
82. Civil penalty for failure to file VAT return.
83. Civil penalty for failure to maintain proper records.
84. Civil penalty for making false or misleading statements.
85. Recovery or remission of penalties.
86. Temporary closure of business premises.
PART XV
MISCELLANEOUS
87. VAT registration number.
88. Forms and notices; authentication of documents.
89. Service of notices.
90. Tax-inclusive pricing.
91. Schemes for obtaining tax benefits.
92. Currency conversion.
93. Registration of certain goods prohibited in certain circumstances.
94. Auctioneer and agent.
95. Regulations.
96. Variation of consideration on a change in rate.
97. Application of increased or reduced rate.
98. Orders to amend Schedules or change amounts or tax rate.
99. Omitted.
100. Transitional.
SCHEDULE I - Zero-rated Supplies for Purposes of Section 17
SCHEDULE II - Exempt Supplies for Purposes of Section 18
SCHEDULE III - Tax Invoices, Tax Credit Notes, and Tax Debit Notes for
Purposes of Sections 28 and 29
SCHEDULE IV - Registration Threshold, Interest Rates, and Other Amounts
for Purposes of Sections 11, 27, 28, 35, 36, and 37
__________________________

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CHAPTER 81:05
VALUE-ADDED TAX ACT
10 of 2005 An Act to provide for the imposition and collection of
Value-Added Tax.
[18TH JULY, 2005]
Short title.
Interpretation.

PART I
PRELIMINARY
1. (1) This Act may be cited as the Value-Added Tax
Act.
2. In this act, unless the context indicates otherwise-
“appealable decision” means an assessment or a decision
described in sections 12(6), 13 (13), 25(7), 31(4), 32(3),
35(13), 38(6), 39(7), 42(4), 46(4), 54(2) and 85(4);
“auctioneer” means a person engaged in a taxable activity
that includes the supply of goods by auction as an
auctioneer or agent for or on behalf of another person;
“capital goods” means an assent, or a component of an asset,
which is of a character subject to an allowance for
depreciation or comparable deduction for income tax
purposes, and which is used in the course or furtherance
of a taxable activity;
“cash value”, in relation to a supply of goods under a credit
agreement, means-
(a) where the seller or lesser is a bank or
other financial institution, an amount
equal to the sum of-
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(i) the consideration paid by the
bank or other financial
institution for the goods or the
fair market value of the supply
of the goods to the bank or
other financial institution,
whichever is the greater; and
(ii) any consideration for erection,
construction, assembly, or
installation of the goods borne
by the bank or other financial
institution; or
(b) where the seller or lessor is a dealer,
an amount equal to the sum of–
(i) the consideration at
which the goods are
normally sold by the
dealer for cash; and
(ii) any consideration for
erection, construction,
assembly, or installation
of the goods borne by the
dealer;
“charity” means an association not for gain, including an
institution of religious worship, a charitable organization,
or any other society, association, or organization,
whether incorporated or not, that–
(a) is carried on otherwise than for the
purposes of profit or gain to any
proprietor, member, or shareholder;
and

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(b) is, in terms of its memorandum,
articles of association, written rules,
or other document constituting or
governing its activities–
(i) required to use any assets or
income solely in the
furtherance of its aims and
objects; and
(ii) prohibited from transferring
any portion of its assets or
income directly or indirectly so
as to profit any person other
than by way of (1) the provision
of charitable assistance, or (2)
the payment in good faith of
reasonable remuneration to any
of its officers or employees for
any services actually rendered
to it; and
(iii) upon its winding-up or
liquidation, obliged to give or
transfer its assets remaining
after the satisfaction of its
liabilities to another society,
association or organization
with objects similar to those of
the first-mentioned society,
association, or organization;
“Commissioner” means the Commissioner General of the
Revenue Authority, who is the person responsible for
administration of this Act;
"consideration", in relation to a supply or import of goods or
services, means the total amount in money or kind paid
or payable (including a deposit on a returnable container)
for the supply or import by any person, directly or
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indirectly, including any duties, levies, fees, and charges
(other than VAT) paid or payable on, or by reason of, the
supply or import, reduced by any price discounts or
rebates allowed and accounted for at the time of the
supply or import, but does not include–
(a) a cash payment made by any person
as an unconditional gift to an
association not for gain; or
(b) a deposit (other than a deposit on a
returnable container), whether
refundable or not, given in connection
with a supply of goods or services
unless and until the supplier applies
the deposit as consideration for the
supply or such deposit is forfeited;
“credit agreement” means a hire-purchase agreement or a
finance lease;
“days” means official working days for the Guyana Revenue
Authority, excluding all public holidays;
“employee” means any person receiving remuneration and
includes an officer, servant, or person holding a position
of employment;
“employment” means the position of an individual in the
service of some other person (including the
Government);

“exempt supply” means a supply of goods or services to
which section 18 applies;
"finance lease", in relation to goods, means a lease of goods
where–
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(a) the lease term exceeds seventy-five
per cent of the expected life of the
goods; or
(b) the lease provides for transfer of
ownership at the end of the lease term
or the lessee has an option to
purchase the goods for a fixed or
determinable price at the expiration of
the lease; or
(c) the estimated residual value of the
goods to the lessor at the expiration of
the lease term (including the period of
any option to renew) is less than
twenty per cent of its fair market
value at the commencement of the
lease; or
(d) the leased goods are custom-made for
the lessee and at the end of the lease
term will not be usable by anyone
other than the lessee;
“game of chance” includes a raffle or lottery, or gaming by
playing table games or gaming machines;
“goods” means all kinds of corporeal movable or immovable
property, thermal or electrical energy, heat, gas,
refrigeration, air conditioning, and water, but does not
include money;
“immovable property” includes–
(a) any estate, right, interest, or servitude
on or over any land, and things
attached to land or permanently
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fastened to anything attached to land;
or
(b) any real right in any such property;
“import” means–
(a) in the case of goods, to bring or cause
to be brought into Guyana; or
(b) in the case of services, to supply
services to a resident person–
(i) by a non-resident person; or
(ii) by a resident person from a
business carried on by the
resident person outside
Guyana,
to the extent that such services are utilised or consumed
in Guyana, other than to make taxable supplies;
“importer”, in relation to an import of goods, includes the
person who owns the goods, or any other person for the
time being possessed of or beneficially interested in the
goods;
“input tax” means VAT paid or payable in respect of a taxable
supply to, or an import of goods by, a taxable person;
“invoice” means a document notifying an obligation to make
a payment;
“Minister” means the Minister responsible for Finance;
“money” means–
(a) a coin or paper currency recognized
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in Guyana as legal tender; or
(b) a coin or paper currency of a foreign
country that is used or circulated as
currency; or
(c) a bill of exchange, promissory note,
bank draft, postal order, money order,
or similar instrument,
other than an item of numismatic interest;
“non-resident person” means a person who is not a resident
person and a person referred to in paragraph (d) of the
definition of “resident person” to the extent that the
person is not a resident person;
“output tax”, in relation to a taxable person, means the tax
charged or chargeable under section 9(1)(a) on a taxable
supply made by the person;
“person” includes the State, an agency of the State, a local
authority, board, natural person, trust, company, and
partnership;
“promoter of public entertainment” means a person who
arranges the staging of public entertainment;
“public entertainment” means any musical entertainment,
sporting event, theatrical performance, comedy show,
dance performance, circus show, any show connected
with a festival, or any similar show to which the general
public is invited, but does not include entertainment
organized by –

(a) an approved educational institution;
or
(b) the board of management or a parent
teacher association of an approved
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educational institution; or
(c) a person who provides entertainment
on a daily or weekly basis; or
(d) a religious organisation;
“recipient”, in relation to a supply or import, means the
person to whom the supply or import is made or in the
case of an import of goods, for whom the goods are
intended;
“related persons" means –
(a) a natural person and a relative of that
natural person; or
(b) a trust and a person who is or may be
a beneficiary in respect of that trust or
whose relative is or may be a
beneficiary; or
(c) a partnership or company (other than
a stock company) and a member
thereof who, together with shares or
other membership interests held by
persons who are related to such
member under another clause of this
definition, owns twenty-five per cent
or more of the rights to income or
capital of the partnership or company;
or
(d) a shareholder in a stock company and
the stock company if the shareholder,
together with shares held by persons
who are related to such shareholder
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under another clause of this
definition–
(i) controls twenty-five per cent or
more of the voting power in the
stock company; or
(ii) owns twenty-five per cent or
more of the rights to dividends
or of the rights to capital; or
(e) two companies, if a person, either
alone or together with a person or
persons who are related to such
person under another clause of this
definition–
(i) controls twenty-five per
cent or more of the
voting power in both
companies; or

(ii) owns twenty-five per
cent or more of the rights
to dividends or of the
rights to capital in both
companies;
(f) a taxable person and a branch or
division of that taxable person which
is separately registered under section
55(3) as a taxable person; or
(g) any branches or divisions of a taxable
person which are separately
registered under section 55(3) as
taxable persons;

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and, for purposes of paragraphs (c), (d), and (e) of this
definition, a person is treated as owning, on a pro rata basis,
shares or other membership interests which are owned or
controlled by such person indirectly through one or more
interposed persons;
“relative”, in relation to a natural person, means–
(a) the spouse of the person; or
(b) an ancestor, lineal descendant,
brother, sister, uncle, aunt, nephew,
niece, stepfather, stepmother,
stepchild, or adopted child of that
person or his spouse, and in the case
of an adopted child his adopter; or
(c) a spouse of any person referred to in
paragraph (b), and for the purposes of
this definition, an adopted child is
treated as a natural child of the
adopter;
“rental agreement” means an agreement for the letting of
goods other than a hire-purchase agreement or a finance
lease;
“resident person” means–
(a) the State, an agency of the State, or a
local authority in Guyana;
(b) a natural person resident in Guyana
that is, a natural person who resides
permanently or being in Guyana
intends to reside permanently in
Guyana except for such temporary
absences as to the Commissioner may
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seem reasonable and not inconsistent
with the claim of such individual to
be resident in Guyana, or who resides
in Guyana for more than one-hundred
and eighty-three days in the year;
(c) a body, including a company,
partnership, board, or trust, which is
formed or created under the laws of
Guyana or which is managed and
controlled in Guyana; or
(d) any other person to the extent that
such person carries on in Guyana a
taxable or other activity and has a
fixed place in Guyana relating to
such activity;
“Revenue Authority” means the Guyana Revenue Authority;
“sale” means an agreement of purchase and sale, and any
other transaction or act whereby ownership of goods
passes or is to pass from one person to another;
“services” means anything that is not goods or money;
“State” means Guyana or the Republic of Guyana;
“supplier”, in relation to a supply, means the person making
the supply;
“tax period” means a calendar month in relation to a taxable
person;
“taxable supply” means a supply of goods or services in
Guyana in the course or furtherance of a taxable activity,
other than an exempt supply;

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Fair market
value.
“taxation officer” means the Commissioner or any other
person in the service of the Board of the Guyana Revenue
Authority.
“tax fraction” means the fraction calculated in accordance
with the formula–
R/(1 + R)
where “R” is the rate of VAT applicable to the taxable supply;
“tax invoice” means a document provided as specified under
section 28(1);
“trust” means a relationship where property is under the
control or management of a trustee;
“trustee” means a person appointed or constituted trustee by
act of parties, by order or declaration of a court, or by
operation of law, and includes a person having or taking
upon himself the administration or control of property
subject to a trust; and
“value-added tax” (VAT) or “tax” means the tax imposed
under this Act, and includes an amount to the extent that
it is treated as tax for the purposes of this Act.
3. (1) In this section –
“similar import”, in relation to an import of goods or services,
means any other import of goods or services that, in
respect of the characteristics, quality, quantity, functional
components, materials, and reputation of the first-
mentioned goods or services, is the same as, or closely or
substantially resembles, that import of goods or services;
and

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“similar supply”, in relation to a supply of goods or services,
means any other supply of goods or services that, in
respect of the characteristics, quality, quantity, functional
components, materials and reputation of the first-
mentioned goods or services, is the same as, or closely or
substantially resembles that supply of goods or services.
(2) For the purposes of this Act, the fair market
value of a supply or import of goods or services at a given
date is the consideration in money which the supply or
import, as the case may be, would generally fetch if supplied
or imported in similar circumstances at that date in Guyana,
being a supply or import freely offered and made between
persons who are not related persons.
(3) Where the fair market value of a supply or
import of goods or services at a given date cannot be
determined under subsection (2), the fair market value is the
consideration in money which a similar supply or similar
import, as the case may be, would generally fetch if supplied
or imported in similar circumstances at that date in Guyana,
being a supply or import freely offered and made between
persons who are not related persons.
(4) Where the fair market value of any supply or
import of goods or services cannot be determined under
subsection (2) or (3), the fair market value shall be determined
in accordance with any method approved by the
Commissioner which provides a sufficiently objective
approximation of the consideration in money which could be
obtained for that supply or import had the supply or import
been freely offered and made between persons who are not
related persons.
(5) The fair market value of a supply or import is
determined at the time of the supply or import as determined
under this Act.
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Supply.
4. (1) Subject to this Act–
(a) a supply of goods means–
(i) a sale of goods;
(ii) a grant of the use or right to use
goods, whether with or without
a driver, pilot, crew, or
operator, under a rental
agreement, credit agreement,
freight contract, agreement for
charter, or other agreement
under which such use or right
to use is granted; or
(iii) a transfer or provision of
thermal or electrical energy,
heat, gas, refrigeration, air
conditioning, or water; and
(b) a supply of services means anything
done which is not a supply of goods
or money, including–
(i) the granting, assignment,
cessation, or surrender of a
right; or
(ii) making available a facility or
advantage; or
(iii) refraining from or tolerating an
activity.
(2) The disposition of a taxable activity as a going
concern, or a part of a taxable activity that is capable of
separate operation, is a supply of goods made in the course or
furtherance of such taxable activity.
(3) For the purposes of subsection (2), a taxable
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activity or a part of a taxable activity capable of separate
operation is disposed of as a going concern where–
(a) all the goods and services necessary
for the continued operation of that
taxable activity or that part of a
taxable activity are supplied to the
transferee; and
(b) the transferor carries on, or is carrying
on, that taxable activity or that part of
a taxable activity up to the time of its
transfer to the transferee.
(4) A supply of goods in exchange for goods or
services is a supply of goods.
(5) A supply of services in exchange for goods or
services is a supply of services.
(6) Subject to subsections (17) and (21), the
application by a taxable person of goods or services acquired
for use in a taxable activity to a different use, including the
provision of goods or services to an employee for personal
use, is a supply of those goods or services by the taxable
person in the course or furtherance of that taxable activity.
(7) Where goods are repossessed under a credit
agreement, the repossession is a supply of the goods by the
debtor under the credit agreement to the person exercising
the right of repossession, and where such debtor is a
registered person the supply is made in the course or
furtherance of the debtor’s taxable activity unless such goods
did not form part of the assets held or used by the debtor in
connection with that activity.
(8) Where a lay-away agreement is cancelled or
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terminates and the seller retains an amount paid by the
purchaser or recovers an amount the purchaser owes under
the agreement, the cancellation or termination is a supply of
services by the seller in respect of the agreement.
(9) The placing of a bet by a person with another
person operating a game of chance is a supply of services by
the person operating the game of chance to the first-
mentioned person.

(10) A supply of services incidental to a supply of
goods is part of the supply of goods.
(11) A supply of goods incidental to a supply of
services is part of the supply of services.
(12) A supply or import of services incidental to an
import of goods is part of the import of goods.
(13) Regulations may be made by the Minister to
provide that a supply of goods and services is a supply of
goods or a supply of services.
(14) Where a supply consists both of a supply that
is charged with tax at a positive rate and–
(a) a supply charged with tax at a zero
rate; or
(b) an exempt supply,
each part of the supply is treated as a separate supply if
reasonably capable of being supplied separately.
(15) A supply of services by an employee to an
employer by reason of employment is not a supply.

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(16) The provision of goods on consignment and
the transfer of goods to a person acting in a representative
capacity to the transferor is not a supply.
(17) Where a taxable person supplies goods or
services and a credit for input tax paid on the acquisition of
such goods or services was denied, the supply by the taxable
person is a supply of goods or services otherwise than in the
course or furtherance of a taxable activity.
(18) Where a supply described in subsection (2)
was charged with tax at the rate of zero per cent in terms of
paragraph 2(o) of Schedule I, the acquisition of the taxable
activity is a supply by the recipient in the course or
furtherance of a taxable activity carried on by the recipient to
the extent that the goods and services comprising the taxable
activity were acquired for a purpose other than consumption,
use, or supply in the course of making taxable supplies,
unless this purpose relates to less than ten per cent of the total
taxable activity.
(19) Where a right to receive goods or services for
a monetary value stated on a token, voucher, gift certificate,
or stamp, other than a postage stamp, is granted for a
consideration in money, the issue of such token, voucher, gift
certificate, or stamp is not a supply, except to the extent (if
any) that such consideration exceeds that monetary value.
(20) Subsection (19) does not apply to a phone
card, prepayment on a cellular phone, or a similar scheme of
advance payment for the rendering of services.
(21) A person whose registration is cancelled
under section 13 is deemed to have made a taxable supply in
Guyana of any goods or services on hand at the date the
registration is cancelled, but only if an input tax credit was
claimed with respect to the goods or services.
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Supply by
agent or
auction.

Taxable
activity.
5. (1) Subject to this section, a supply of goods or
services –
(a) made by a person as agent for another
person (“the principal”) is a supply by
the principal; or
(b) made to a person as agent for a
principal is a supply to the principal.
(2) Subsection (1) does not apply to services
supplied by an agent to the agent’s principal.
(3) A supply of goods by auction is treated as a
supply of goods for consideration by the auctioneer as
supplier made in the course or furtherance of a taxable
activity carried on by the auctioneer.
(4) Subsection (1) does not apply where the
principal is a non-resident.
6.(1) For the purposes of this Act, “taxable activity”
means an activity carried on continuously or regularly by a
person–
(a) in Guyana,
(b) or partly in Guyana,
whether or not for profit, that involves or is intended to
involve, in whole or in part, the supply of taxable goods or
services to any other person for consideration.
(2) Taxable activity does not include–
(a) an activity carried on by a person
essentially as a private recreational
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Administra-
tion of the Act;
exercise of
powers and
performance of
duties.
pursuit or hobby; or
(b) an activity that involves the making of
exempt supplies.
(3) Anything done in connection with the
commencement or termination of a taxable activity is treated
as carried out in the course or furtherance of that taxable
activity.
(4) Subject to subsection (5), a supply is made for
consideration if the supplier directly or indirectly receives a
payment for the supply from the recipient or any other
person, including a payment wholly or partly in money or
kind.
(5) A supply made for consideration includes–
(a) a supply made between related
persons for no consideration; or
(b) a supply of goods for use only as
trade samples; or
(c) a supply referred to in section 4(6) or
(18).
(6) Taxable activity includes a supply of public
entertainment.
PART II
AUTHORITY TO ADMINISTER VAT
7. (1) The Commissioner is responsible for carrying
out the provisions of this Act, including –
(a) receiving payment of VAT on imports
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c. 73:02.

and gross VAT receipts from taxable
persons into a VAT deposit fund as
permitted under section 38 of the
Fiscal Management and
Accountability Act;
(b) making payments of VAT refunds
and other VAT adjustments due to
persons subject to this act out of the
VAT deposit fund; and
(c) paying net VAT received during a tax
period into the consolidated fund no
later than the fifteenth day of the
month following the end of that tax
period.
(2) The powers conferred and the duties imposed
upon the Commissioner by or under the provisions of this Act
may be exercised or performed by the Commissioner
personally, or by a taxation officer engaged in carrying out
the said provisions under the control, direction, or
supervision of the Commissioner.
(3) Subject to subsection (4), a decision made and a
notice or communication issued or signed by a taxation
referred to in subsection (2) may be withdrawn or amended
by the Commissioner or by the taxation officer concerned,
and for the purposes of the said provisions, until it has been
so withdrawn, is deemed to have been made, issued, or
signed by the commissioner.
(4) A written decision made by a taxation officer,
other than the Commissioner, in the exercise of a
discretionary power under the provisions of this act shall not
be withdrawn or amended after the expiration of one year
from the date of the written notification of such decision or of
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Confidentiality
of tax
information.
a notice of assessment giving effect thereto, unless material
facts were withheld from the taxation officer by the taxpayer.
(5) Subject to subsections (6) and (7), a decision
made and a notice or communication issued or signed by the
Commissioner or his delegate may be withdrawn or amended
at any time.
(6) Where the Commissioner, knowing all the
material facts at the time, makes a decision that a person is
required or not required to register, and the person accepts
the Commissioner’s decision, and subsequently the
Commissioner withdraws the decision, the Commissioner’s
decision shall govern the liability or non-liability of such
person for payment of tax on any transaction concluded or
event which occurred before the withdrawal of the decision.
(7) Where the Commissioner, knowing all the
material facts at the time, makes a decision as to the nature of
a transaction concluded by a person, and the person accepts
the Commissioner’s decision, and the Commissioner
subsequently withdraws the decision, the Commissioner’s
decision shall govern the liability or non-liability of that
person for payment of tax on any transaction concluded
before the withdrawal of the decision.
(8) For purposes of this section, “net VAT” means
gross VAT receipts in a tax period less refunds and
adjustments the Commissioner is required by this Act to pay
during the same tax period.
8. (1) Subject to this section, a taxation officer carrying
out the provisions of this Act shall not–
(a) disclose to any person any matter in
respect of any other person that may
in the exercise of the taxation officer’s
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powers or the performance of the
taxation officer’s duties under the said
provisions come to the taxation
officer’s knowledge; or
(b) permit any person to have access to
any records in the possession or
custody of the Commissioner,
except in the exercise of the taxation officer’s powers or the
performance of the taxation officer’s duties under this Act or
by order of a court.
(2) Nothing in this section prevents the
Commissioner from disclosing–
(a) any documents or information to–
(i) a person where the disclosure is
necessary for the purposes of
this Act or any other fiscal law;
(ii) the Auditor-General where the
disclosure is necessary for the
performance of the Auditor-
General’s duties;
(iii) the competent authority of the
government of another country
with which Guyana has entered
into an agreement for the
avoidance of double taxation or
for the exchange of
information, to the extent
permitted under the agreement;
or
(iv) a law enforcement agency for
the enforcement of any law; or
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Imposition of
tax and
persons liable.
(b) any information which does not
identify a specific person to a person
in the service of the State where such
disclosure is necessary for the
performance of the person’s official
duties.
(3) A person receiving documents and information
under subsection (2) is required to keep them secret under the
provisions of this section, except to the minimum extent
necessary to achieve the purpose for which the disclosure was
made.
(4) Documents or information obtained by the
Commissioner in the performance of duties under this Act
may be used by the Commissioner for the purposes of any
other fiscal law administered by the Minister or
Commissioner.

(5) If a person consents in writing, information
concerning that person may be disclosed to another person.
(6) The Commissioner may disclose information
concerning a taxpayer’s affairs to a person claiming to be the
taxpayer or the taxpayer’s authorised representative only
after obtaining reasonable assurance of the authenticity of the
claim.
PART III
IMPOSITION OF TAX AND PERSONS LIABLE
9. (1) Subject to the provisions of this Act, there shall
be levied and paid a tax, to be known as the value-added tax,
at a single positive rate to be specified by regulations made by
the Minister, which regulations shall be subject to an
affirmative resolution of the National Assembly, on the value
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Taxable
person.

of–
(a) every taxable supply by a taxable
person in Guyana; and
(b) every import of goods or import of
services, other than an exempt import.
(2) Except as otherwise provided in this Act, the
tax payable under subsection (1) shall–
(a) in the case of a supply to which
subsection (1)(a) applies, be accounted
for by the taxable person making the
supply;
(b) in the case of an import of goods, be
paid by the importer; or
(c) in the case of an import of services, be
paid by the recipient of the services.
(3) A transaction chargeable with tax under
subsection (1)(a) and (b) shall be treated as a supply
chargeable under subsection (1)(a).
PART IV
REGISTRATION
10. (1) A taxable person is a person who is registered
or is required to register under section 11.
(2) For purposes of subsection (1), a person is a
taxable person –
(a) for a person required to register under
section 11 (1), (6), (7) or (8) from the
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Registration.
date specified for that person under
section 12 (4)(a) and (b); and
(b) for a person who applies for
registration under section 11 (5) and is
registered under section 12(2), from
the date specified under section
12(4)(c).
11. (1) Subject to this Act, every person who carries on
a taxable activity and is not registered, is required to apply for
registration within fifteen days of –
(a) the end of any period of twelve or
fewer months where during that
period the person made taxable
supplies the total value of which
equals or exceeds the amount
specified in paragraph 1 of Schedule
IV; or
(b) the beginning of any period of twelve
months where there are reasonable
grounds to expect that the total value
of taxable supplies to be made by the
person during that period will equal
or exceed the amount specified in
paragraph 1 of Schedule IV .
(2) In determining whether a person is required to
apply for registration under subsection (1), the Commissioner
may have regard to the value of taxable supplies made by
another person where both persons are related persons.
(3) For purposes of subsection (1), the value of a
person’s supplies is determined under section 16.
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(4) A person is not required to apply for
registration under subsection (1) where the Commissioner is
satisfied that the value of taxable supplies exceeded the
amount specified under subsection (1) solely as a
consequence of –
(a) the cessation, or substantial and
permanent reduction in the size or
scale, of a taxable activity carried on
by the person; or
(b) the replacement of capital goods used
in the taxable activity carried on by
that person.
(5) A person who makes, or intends to make
taxable supplies, but is not required to apply for registration
under subsection (1), may apply to the Commissioner for
registration under this Act, and the Commissioner is
authorised to permit voluntary registration in accordance
with regulations made by the Minister.
(6) Notwithstanding subsection (1), the State, an
agency of the State, or a local authority that carries on a
taxable activity is required to apply for registration from the
date of commencement of that activity.
(7) Notwithstanding subsection (1), a person who
is an auctioneer is required to apply for registration on the
date on which the person becomes an auctioneer.
(8) Notwithstanding subsection (1), promoters of
public entertainment, and licensees and proprietors of places
of public entertainment, are required to apply for registration
before they begin making supplies in connection with the first
public entertainment promoted by them.

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Requirements
for registration.

12. (1) A person to be registered is required to make
an application for registration under section 11, in the form
approved by the Commissioner, and to provide such further
information as the Commissioner may require for the
purposes of this Act.
(2) The Commissioner is required to register a
person who applies for registration within ten days of receipt
of the application, unless the Commissioner is satisfied that
the person is not eligible to apply for registration under
section 11 or, in the case of an application under section 11(5)–
(a) the person has no fixed place of abode
or business; or
(b) the Commissioner has reasonable
grounds to believe that the person-
(i) will not keep proper
records; or
(ii) will not submit regular and
reliable tax returns,
as required under this Act.
(3) Where a person required to register under this
Act fails to apply for registration as required under section 11,
the Commissioner may register the person from the date
prescribed by the Commissioner.
(4) Registration takes effect, in the case of–
(a) a person referred to in section
11(1)(a), from the beginning of the tax
period immediately following the
end of the twelve or fewer months;

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(b) a person referred to in section
11(1)(b), (6), (7), or (8), from the
beginning of the twelve month
period, the commencement of the
activities, the date the person becomes
an auctioneer, or the date the
promoter, licensee or proprietor
begins making taxable supplies in
connection with public entertainment,
respectively; or
(c) an application under section 11(5),
from the beginning of the tax period
immediately following the period in
which the person applied for
registration.
(5) The Commissioner shall, within ten days of
receipt of an application under subsection (2), serve a notice
in writing on an applicant for registration of the decision in
respect of the application.
(6) An applicant dissatisfied with a decision
referred to under subsection (5) may challenge the decision
only under Part X.
(7) The Commissioner shall issue to each person
registered a certificate of registration which states the name
and other relevant details of the registered person, the date on
which the registration takes effect, and the VAT registration
number of the registered person.
(8) The Commissioner is required to establish and
maintain a register containing the relevant details of all
registered persons.
(9) Every registrant is required to display the
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Cancellation of
registration.

certificate of registration issued to him under subsection (7) in
a conspicuous place at each location at which he engages in
taxable activities.
(10) A taxable person is required to notify the
Commissioner, in writing, within fifteen days of–
(a) any change in the name, address,
place of business, constitution, or
nature of the principal taxable activity
or activities of the person; and
(b) any change of address from which, or
name in which, any taxable activity is
carried on by the taxable person; or
(c) any change in circumstances if the
person ceases to operate or closes on a
temporary basis in a situation not
covered in section 13(1).
13. (1) Subject to subsection (2), a taxable person who
ceases to carry on all taxable activities shall notify the
Commissioner of that fact within fifteen days of the date of
such cessation, and the Commissioner is required to cancel
the registration of that person with effect from the last day of
the tax period during which all such taxable activities ceased,
or from such other date as the Commissioner may determine.
(2) The Commissioner is not required to cancel the
registration of a taxable person under subsection (1) where
the Commissioner has reasonable grounds to believe that the
person will carry on any taxable activity at any time within
twelve months from that date of cessation.
(3) A notification pursuant to subsection (1) is
required to be made in writing and to state the date upon
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which that person ceased to carry on all taxable activities, and
whether or not that person intends to carry on any taxable
activity within twelve months from that date.
(4) Where the Commissioner is satisfied that a
taxable person is not carrying on a taxable activity or is
neither required nor entitled to apply for registration, the
Commissioner may cancel that person’s registration with
effect from the last day of the tax period during which the
Commissioner became so satisfied, or from such other date as
the Commissioner may determine, and is required to notify
that person in writing of the date on which the cancellation
takes effect.
(5) The Commissioner may cancel the registration
of a person who is not required to apply for registration
under section 11 if the person–
(a) has no fixed place of abode or
business;
(b) has not kept proper accounting
records relating to any business
activity carried on by that person; or
(c) has not submitted regular and reliable
tax returns as required by section 31.
(6) A date determined by the Commissioner for the
cancellation of registration under subsection (4) or (5) may be
retrospective to a date not earlier than–
(a) the last day of the tax period during
which taxable activity carried on by
the person ceased; or
(b) the date on which the person was
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38 Cap. 81:05 Value-Added Tax
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registered under this Act, if the
Commissioner is satisfied that the
person did not, from that date, carry
on any taxable activity.
(7) Subject to subsections (8) or (9), a taxable
person may apply in writing to the Commissioner to have the
person’s registration cancelled where, at any time, the value
of that person’s taxable supplies–
(a) in the past twelve months has not
been, or
(b) in the period of twelve months then
beginning will not be,
more than the amount specified under section 11(1).
(8) A person–
(a) required to register under section
11(1) who ceases to satisfy the criteria
thereunder; or
(b) registered as a result of an application
under section 11(5),
may apply for cancellation of the registration only after the
expiration of two years from the date the registration took
effect.
(9) Subsection (7) does not apply to the State, an
agency of the State, or a local authority under section 11(6), to
an auctioneer under section 11(7), or to a promoter of public
entertainment under section 11(8).
(10) Where the Commissioner is satisfied that a
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Time of supply.

taxable person who has made an application under subsection
(7) or (8) is entitled to have a registration cancelled, the
Commissioner is required to cancel the person’s registration
with effect from the end of the tax period in which the
registration is cancelled unless the Commissioner orders the
cancellation to take effect at an earlier date.
(11) Any obligation or liability under this Act,
including the obligation to pay tax and lodge returns, of any
person in respect of anything done or omitted to be done by
that person while the person is a taxable person, is not
affected by cancellation of the person’s registration.

(12) Where the registration of a person is cancelled,
the Commissioner is required to remove the person’s name
and details from the register described in section 12(8).
(13) A person dissatisfied with a decision of the
Commissioner under this section to cancel or not to cancel the
person’s registration may challenge the decision only under
Part X.
PART V
RULES RELATING TO SUPPLIES
14. (1) Subject to this Act, a supply of goods or
services occurs on the earliest of the date on which–
(a) the goods are delivered or made
available or the performance of
services is completed;
(b) an invoice for the supply is issued by
the supplier; or
(c) any consideration for the supply is
received.
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40 Cap. 81:05 Value-Added Tax
L.R.O. 1/2012
(2) A supply of goods under a credit agreement
occurs on the date of commencement of the agreement.
(3) A supply of goods pursuant to a lay-away
agreement occurs when the goods are delivered to the
purchaser.
(4) A supply of goods or services under section
4(6) occurs when the goods or services are applied to a
different use.
(5) A supply of goods under section 4(7) occurs
when the goods are repossessed, or where the debtor may
under any law be reinstated in his rights and obligations
under the credit agreement, the day after the last day of any
period during which the debtor may under such law be so
reinstated.
(6) A supply of services under section 4(8) occurs
when the seller obtains the right to retain any amount paid by
the purchaser or when the seller recovers any amount owing
by the purchaser under the agreement.
(7) A supply for a consideration in money received
by the supplier by means of a machine, meter, or other device
operated by coin, note, or token occurs when the coin, note, or
token is taken from that machine, meter, or other device by or
on behalf of the supplier.
(8) Goods supplied under a rental agreement or
services supplied under an agreement that provides for
periodic payments are treated as successively supplied for
successive parts of the period of the agreement, and each of
the successive supplies occurs when a payment becomes due
or is received, whichever is the earlier.

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Place of
supply.
(9) Where –
(a) goods described under section
4(1)(a)(iii) are supplied; or
(b) goods or services are supplied
directly in the construction, major
reconstruction, manufacture, or
extension of a building or engineering
work,
and the consideration becomes due and payable in
instalments or periodically, the goods or services are treated
as successively supplied for each period to which a payment
for the goods or services relates and each successive supply
occurs when payment in respect of the supply becomes due,
or is received, or any invoice relating only to that payment is
issued, whichever is the earliest.
(10) A supply under section 4(18) occurs when the
supply under section 4(2), to which it relates, occurs.
(11) To the extent that the issuance of a token,
voucher, gift certificate, or stamp is a supply under section
4(19), the supply occurs when the token, voucher, gift
certificate, or stamp is issued.
(12) The forfeit of a deposit (other than a deposit
on a returnable container) is a supply of services when the
deposit is forfeited.
(13) A supply under subsection 4(21) occurs at the
time the registration is cancelled.
15. (1) Subject to this Act, a supply of goods takes
place where the goods are delivered or made available by the
supplier or, if the delivery or making available involves the
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goods being transported, the place where the goods are when
the transportation commences.
(2) A supply of thermal or electrical energy,
heating, gas, refrigeration, air conditioning, or water takes
place where the supply is received.
(3) Subject to this section, a supply of services takes
place at the location of the supplier's place of business from
which the services are supplied.
(4) The supply of the following goods or services
takes place where the recipient uses or obtains the advantage
of the goods or services–
(a) a transfer or assignment of a
copyright, patent, licence, trademark,
or similar right;
(b) the service of a consultant, engineer,
lawyer, architect, or accountant, the
processing of data or supplying
information, or any similar service;
(c) an advertising service;
(d) the obligation to refrain from
pursuing or exercising taxable
activity, employment, or a right
described in this subsection;
(e) the supply of personnel;
(f) the service of an agent in procuring
for the agent's principal a service
described in this subsection; or

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Value of
supply.
(g) the leasing of movable property
(other than transport property).
(5) The supply of cultural, artistic, sporting,
educational, or similar activities, or services connected with
movable goods, takes place where the service is physically
carried out, unless the service is described in subsection (4).
(6) The supply of services connected with
immovable property takes place where the property is
located, unless the service is described in subsection (4).
(7) A supply of services of, or incidental to,
transport takes place where the transport occurs, unless the
service is described in subsection (4).
(8) Services that are supplied from a place of
business in Guyana and that would be treated as supplied
outside Guyana under subsections (4) – (7) are considered as
supplied in Guyana and are considered as exported from
Guyana for purposes of Schedule I.

16. (1) Subject to this Act, the value of a supply of
goods or services is the amount of the consideration for the
supply.
(2) Where a portion of the price of a supply
represents tax imposed by this Act that is not accounted for
separately, the value of the supply is the price reduced by an
amount equal to the tax fraction multiplied by that price.
(3) Where–
(a) a supply is made by a taxable person
for no consideration or for a
consideration that is less than the fair
market value of that supply; and
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(b) (i) the supplier and the recipient
are related persons; or
(ii) the recipient is a charitable
organization, institution of
religious worship, educational
institution, old-age home,
orphanage, children’s home, or
institution of a similar nature,
the value of the supply is the fair market value of the supply.
(4) Where a taxable person makes a supply of
goods or services referred to in section 4(6), the value of the
supply is the lesser of–
(a) the consideration paid or payable by
the taxable person for those goods or
services; or
(b) the fair market value of the supply.
(5) The Minister may by regulation prescribe rules
to determine the value of a supply governed by subsection (4)
where the taxable person applies less than the entire goods or
services to a different use.
(6) The value of a supply of goods under a credit
agreement is the cash value of the supply.
(7) Where a debtor makes a supply of goods as a
result of the repossession of those goods from the debtor
under a credit agreement, the value of the supply is an
amount equal to the balance of the cash value of the supply of
those goods to the debtor that has not been recovered at the
time of the supply.

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(8) For purposes of subsection (7), the balance of
the cash value of the supply is the amount remaining after
deducting from the cash value so much of the sum of the
payments made by the debtor under the credit agreement as,
on the basis of an apportionment in accordance with the
rights and obligations of the parties to such agreement, may
properly be regarded as having been made in respect of the
cash value of the supply.
(9) The value of a supply of services under section
4(8) is an amount equal to the amount referred to in that
subsection that is retained or recoverable.
(10) Where the grant of any right to receive goods
or services for a monetary value stated on any token, voucher,
gift certificate, or stamp is a supply under section 4(19), the
value of the supply is an amount equal to the amount by
which the consideration exceeds the monetary value of the
token, voucher, gift certificate, or stamp.
(11) Where the holder of a token, voucher, gift
certificate, or stamp issued by a taxable person (the issuer)for
no consideration surrenders the token, voucher, gift
certificate, or stamp to a supplier of goods or services (other
than the issuer) in return for a price discount on a taxable
supply, the supplier is required to include in the value of the
supply of such goods or services the monetary value stated on
the token, voucher, gift certificate, or stamp, less the tax
fraction of the monetary value.
(12) For purposes of subsection (11), the monetary
value is inclusive of tax.
(13) Where a taxable supply is not the only matter
to which the consideration for the supply relates, the value of
the supply is such part of the consideration as is properly
attributable to it.
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c. 81:01

Zero-rating.
(14) Except as otherwise provided in this section, if
a supply is made for no consideration the value of the supply
is nil.
(15) The value of a supply of services under section
4(9) is the amount received in respect of the bet, reduced by
an amount equal to the tax fraction multiplied by the amount
received in respect of the bet.
(16) The value of a supply referred to in section
4(18) is the consideration for the acquisition of the taxable
activity reduced by an amount which bears to the amount of
such consideration the same ratio as the intended use or
application of the taxable activity for making taxable supplies
bears to the total intended use or application of the taxable
activity.
(17) The value of a supply referred to in section 4
(21) is equal to –
(a) except as provided in paragraph (b),
the fair market value of the goods or
services deemed to be supplied; and
(b) in the case of capital goods subject to
the allowance for depreciation under
the Income Tax Act, the
undepreciated cost of the goods
deemed to be supplied.
17. (1) Where, but for this section, a supply of goods
or services would be charged with tax under section 9(1)(a),
the supply is charged with tax at the rate of zero per cent if it
is specified in paragraph 2 of Schedule I.
(2) Where a taxable person has applied the rate of
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Exempt supply.

Time of import.
c. 82:01


Value of
import.
c. 82:01
zero per cent to a supply under this section, the taxable
person is required to obtain and retain such documentary
proof as is acceptable to the Commissioner substantiating the
person’s entitlement to apply the zero rate to the supply.
18. (1) Subject to subsection (2), a supply of goods or
services is an exempt supply if it is specified in paragraph 2 of
Schedule II.
(2) A supply of goods or services is not an exempt
supply if, in the absence of subsection (1), the supply would
be charged with tax at the rate of zero per cent under section
17.
PART VI
IMPORTS
19. (1) An import of goods occurs when the goods are
entered for purposes of the Customs Act.
(2) An import of services occurs at the time
determined by applying section 14 to the import on the basis
that the import is a supply of services.
20. (1) The value of an import of goods is an amount
equal to the sum of –
(a) the value of the goods for the
purposes of customs duty under the
Customs Act;
(b) the cost of insurance and freight
which is not included in the customs
value under paragraph (a); and
(c) the amount of any customs duty,
excise tax, or any other fiscal charge
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Exempt
import.

Import
declaration and
payment of
tax.

(other than VAT) payable on the
importation of such goods.
(2) Subject to subsection (3), the value of an import
of services is the amount of the consideration for the import.
(3) Where –
(a) an import of services is made for no
consideration or for a consideration
that is less than the fair market value
of that import; and
(b) the supplier and the recipient are
related persons,
the value of the import is the fair market value of the import.
(4) Where a portion of the price of an import of
services represents tax imposed by this Act that is not
accounted for separately, the value of the import is the price
reduced by an amount equal to the tax fraction multiplied by
that price.
21. An import of goods or services is an exempt
import if the import would be a zero-rated supply under
section 17 or an exempt supply under section 18 if it were a
supply of goods or services in Guyana.
22. (1) Where tax is payable on an import of goods, the
importer is required, upon entry of the goods, to furnish the
Commissioner with an import declaration and pay the tax
due on the import in accordance with the arrangements
referred to in subsection (4).
(2) Where tax is payable on an import of services,
other than where section 4(12) applies, the person liable for
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Tax payable
for tax
period.
the tax under section 9(2)(c) is required to–
(a) furnish the Commissioner with an
import declaration; and
(b) pay the tax due in respect of the
import,
within twenty days after the time of the import.
(3) An import declaration under subsection (1) or
(2) shall–
(a) be in the form prescribed by the
Commissioner;
(b) state the information necessary to
calculate the tax payable in respect of
the import; and
(c) be furnished in the manner prescribed
by the Commissioner.
(4) Except where the contrary intention appears,
whether in this Act or in regulations made under this Act, the
provisions of the Customs Act, relating to the import, transit,
coastwise carriage, clearance of goods, and payment and
recovery of duty apply, so far as relevant, to the tax charged
under this Act on the import of goods, with such exceptions,
modifications, and adaptations as the Minister may by
regulation prescribe.
PART VII
CALCULATION OF TAX PAYABLE
23. (1) The tax payable by a taxable person for a tax
period in respect of taxable supplies is the total amount of
output tax payable by the person in respect of taxable
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Input tax
credit.
supplies made by the person during the period, less the total
input tax credit allowed to the person under section 24 for the
period.
(2) Where the total amount of input tax credit
allowed to a taxable person for a tax period under subsection
(1) exceeds the total amount of output tax payable by the
person for that period, the amount of the excess credit is dealt
with in accordance with section 35.
24. (1) Subject to this section, the total amount of input
tax allowed as a credit for purposes of section 23 is the sum
of–
(a) the input tax payable in respect of
taxable supplies made to the person
during the tax period, and paid in
respect of any import of goods by the
person during the tax period, where
the supply or import is for use in a
taxable activity carried on by the
person;
(b) any input tax credit allowed under
section 26 for the tax period;
(c) any input tax to which subsection (4)
applies for the tax period;
(d) an amount equal to the tax fraction of
any amount paid during the tax
period by the taxable person as a
prize or winnings to the recipient of
services under section 4(9);
(e) an amount equal to the tax fraction of
any amount paid during the tax
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period by the taxable person to a
supplier in respect of the redemption
of a token, voucher, gift certificate, or
stamp referred to in section 16(11) by
the supplier; and

(f) any amount carried forward under
section 35(2).
(2) Subject to this section, no credit for input tax is
allowed in respect of a supply or import unless –
(a) a tax invoice, a sales invoice or tax
debit or tax credit note, as the case
may be, in relation to the supply, has
been provided in accordance with
sections 28 or 29 and is held by the
taxable person taking the credit at the
time a return in respect of the supply
is lodged, other than when a tax
invoice is not required to be provided;
and
(b) a bill of entry or validating bill of
entry under the Customs Act, or a
document issued by the
Commissioner evidencing payment of
tax in relation to an import that has
been delivered in accordance with the
Customs Act or this Act and is held
by the taxable person taking the credit
at the time a return in respect of the
import is lodged.
(3) Where a taxable person does not have a tax
invoice evidencing the input tax paid, the Commissioner may
allow an input tax credit in the tax period in which the credit
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arises where the Commissioner is satisfied–
(a) that the taxable person took all
reasonable steps to acquire a tax
invoice;
(b) that the failure to acquire a tax invoice
was not the fault of the taxable
person; and
(c) that the amount of input tax claimed
by the taxable person is correct.
(4) Subject to subsection (5), a taxable person, in
the first tax period in which the person is registered, is
allowed a credit for input tax paid or payable by the person
in respect of–
(a) any taxable supplies of goods,
including capital goods, made to the
person; and
(b) any import of goods, including capital
goods, by the person,
prior to becoming registered, to the extent that the goods are
for use or re-supply in a taxable activity carried on by the
person after registration.
(5) Subsection (4) applies where–
(a) the supply or import occurred not
more than three months prior to the
date the registration takes effect;
(b) the goods are on hand at the date the
registration takes effect; and
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Input tax credit
allocation and
disallowance
rules.

(c) the subsection (2) substantiation
requirements are satisfied.
25. (1) In this section-
“entertainment” means the provision of food, beverages,
tobacco, accommodation, amusement, recreation, or
other hospitality by a taxable person whether directly or
indirectly to any person; and
“passenger vehicle” means a road vehicle, including a double
cab vehicle, designed or adapted for the transport of nine
or fewer seated persons.
(2) No amount may be deducted under section 24
by as taxable person for input tax paid or payable in respect
of –
(a) a taxable supply to, or import by, the
person of a passenger vehicle, unless
the person is in the business of
dealing in, or hiring of, such vehicles,
and the vehicle was acquired for the
purposes of such business;
(b) a taxable supply to, or import by, the
person of goods or services acquired
for the purposes of entertainment or
providing entertainment, unless-
(i) the person is in the business of
providing entertainment and
the taxable supply or import
relates to the provision of
taxable supplies of
entertainment in the ordinary
course of that business; or
(ii) the person is in the business of
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providing taxable supplies of
transportation services and the
entertainment is provided to
passengers as part of the
transportation service; or
(c) any fees or subscriptions paid by the
person in respect of membership of
any person in a club, association, or
society of a sporting, social or
recreational nature.
(3) Subject to subsection (5), where only a part of
the supplies made by a taxable person during a tax period are
taxable supplies, the amount of the input tax allowed as a
credit under section 24(1)(a) for that period is determined as
follows –
(a) in respect of a supply or import
received which is directly allocable to
the making of taxable supplies, the
full amount of input tax payable in
respect of the supply or import shall
be allowed as a credit;
(b) in respect of a supply or import
received which is directly allocable to
the making of exempt supplies, no
amount of input tax payable in
respect of the supply or import shall
be allowed as a credit; or
(c) in respect of a supply or import
received which is used for the making
of both taxable and exempt supplies,
the amount calculated according to the following formula–
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A x B/C
where–
A is the total amount of input tax payable in respect
of supplies and imports received during the period
for which a credit is allowed under section 24(1)(a),
less the input tax accounted for under paragraphs
(a) and (b);
B is the total amount of taxable supplies made by
the taxable person during the preceding financial
year of the taxable person; and
C is the total amount of all supplies made by the
taxable person during the preceding financial year
of the taxable person.
(4) For purposes of the fraction B/C in subsection
(3)(c), for the first financial year during which the person is a
taxable person, the period referred to in B and C shall be the
total number of tax periods, including the current tax period,
during which the person has been a taxable person.
(5) Where the fraction B/C in subsection (3)(c) is
more than 0.90, the taxable person may deduct the total
amount of input tax on supplies and imports described in that
paragraph.
(6) Notwithstanding subsection (3), where a
taxable person makes both taxable and exempt supplies
during a tax period, the Commissioner may determine the
amount of input tax allowed for the tax period on such other
basis as the Commissioner considers reasonable.
(7) A taxable person dissatisfied with a decision of
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Post-sale
adjustments.
the Commissioner under subsection (6) may challenge the
decision only under Part X.
26. (1) This section applies where, in relation to a
supply by a registered person–
(a) the supply is cancelled;
(b) the taxation of the supply changes
because the nature of the supply is
fundamentally varied or altered;
(c) the previously agreed consideration
for the supply is altered, whether due
to an offer of a discount or for any
other reason; or
(d) the goods or services or part thereof
are returned to the supplier.
(2) Subsection (1) applies only where the registered
person making the supply has–
(a) provided a tax invoice in relation to
the supply and the amount shown on
the invoice as the tax charged on the
supply is incorrect as a result of the
occurrence of one or more of the
events described under subsection
(1)(a) - (d); or
(b) lodged a return for the tax period in
which the supply occurred and has
accounted for an incorrect amount of
output tax on that supply as a result
of the occurrence of one or more of
the events described under subsection
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(1)(a) - (d).
(3) Where subsection (1) applies, the registered
person making the supply is required to make an adjustment
as specified under subsection (4) or (6).
(4) Where the output tax properly chargeable in
respect of the supply exceeds the output tax actually
accounted for by the registered person (the supplier), the
amount of the excess is deemed to be output tax charged by
the supplier in relation to a taxable supply made in the tax
period in which the event referred to in subsection (1)
occurred.
(5) For purposes of section 23, where a registered
person issues a tax debit note to rectify the output tax charged
to a registered recipient in the circumstances specified under
subsection (4), the additional tax specified in the tax debit
note is deemed to be input tax payable by the registered
recipient in the tax period in which the tax debit note is
received.
(6) Subject to subsection (8), where the output tax
actually accounted for by the registered person exceeds the
output tax properly chargeable in relation to the supply, the
registered person is allowed an input tax credit under section
24 for the amount of the excess in the tax period in which the
event referred to in subsection (1) occurred.
(7) Where a supplier issues a tax credit note to
rectify the output tax charged to the recipient who is a
registered person in the circumstances specified under
subsection (6), the additional tax specified in the tax credit
note is treated as output tax payable by the recipient in
respect of a taxable supply made by the recipient in the tax
period in which the tax credit note is received.
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Interest on
unpaid tax.
Tax invoices
and sales
invoices.
(8) Where the supply has been made to a person
who is not a registered person, a credit under subsection (6) is
not allowed, unless the amount of the excess tax has been
repaid to the recipient of the supply, whether in cash or as a
credit against an amount owing to the registered person by
the recipient.
27. (1) A person who fails to pay tax by the due date
for payment under section 42 is liable for interest at the rate
specified in paragraph 2 of Schedule IV on the amount
unpaid, calculated from the date on which the payment was
due until the date on which payment was made.
(2) Interest under subsection (1) is calculated as
simple interest for each month, or part of a month, during
which it remains unpaid.
(3) Interest paid by a person under subsection (1)
shall be refunded to the person to the extent that the tax to
which it relates is subsequently determined not to have been
due and payable.
(4) The provisions of this Act relating to the
payment, collection and recovery of tax apply to any interest
charged under this section as if the interest were tax due
under this Act.
28. (1) Subject to subsection (2), a registered person,
referred to as the “registered supplier”, making a taxable
supply to a person, referred to as the “recipient”, is required
to provide the recipient with an original tax invoice for the
taxable supply containing such particulars as specified in
paragraph 1 of Schedule III.
(2) A registered supplier making a taxable supply
is authorised to issue a sales invoice in lieu of a tax invoice if
the total consideration for the taxable supply is in cash and
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Tax credit and
debit notes.

does not exceed the amount specified in paragraph 3 of
Schedule IV.
(3) A person is prohibited from providing a tax
invoice in circumstances other than those specified under this
section.

(4) Subject to subsection (6), a registered supplier
shall issue only one tax invoice for each taxable supply.
(5) Where, within forty days after the date of a
supply, a registered recipient who has not received a tax
invoice as required by subsection (1) requests the registered
supplier, in writing, to provide a tax invoice in respect of the
taxable supply, the supplier is required to comply with the
request within ten days after receiving it.
(6) Where a registered recipient claims to have lost
the original tax invoice for a taxable supply, the registered
supplier may provide a copy clearly marked “copy.”
29. (1) Where a tax invoice has been issued in the
circumstances specified under section 26(2)(a) and the
amount shown as tax charged in that tax invoice exceeds the
tax properly chargeable in respect of the supply, the
registered person making the supply is required to provide a
registered recipient of the supply with a tax credit note
containing the particulars specified in paragraph 2 of
Schedule III.
(2) A person may not provide a tax credit note in
any circumstances other than those specified under
subsection (1).
(3) Where a tax invoice has been issued in the
circumstances specified under section 26(2) (a) and the tax
properly chargeable in respect of the supply exceeds the
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Tax period.
Returns.
amount shown as tax charged in that tax invoice, the
registered person making the supply is required to provide a
registered recipient of the supply with a tax debit note
containing the particulars specified in paragraph 3 of
Schedule III.
(4) A person may not provide a tax debit note in
any circumstances other than those specified under
subsection (3).
(5) A registered person may issue only one tax
credit note or tax debit note for the amount of the excess
stated in subsections (1) and (3) respectively.
(6) Notwithstanding the provisions of this section,
where a registered person claims to have lost the original tax
credit note or tax debit note, the registered person who made
the supply may provide a copy clearly marked “copy”.
PART VIII
TAX PERIOD, RETURNS AND ASSESSMENTS
30. The Minister may, by regulations, authorise a
different tax period for specific categories or classes of taxable
persons.

31. (1) Every taxable person is required to lodge a tax
return for each tax period with the Commissioner within
fifteen days after the end of the period, whether or not tax is
payable in respect of that period.

(2) A tax return is required to–
(a) be in the form prescribed by the
Commissioner;
(b) state the information necessary to
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Extension of
time.

Assessments.
calculate the tax payable in
accordance with section 23 for the
period; and
(c) be lodged in the manner prescribed
by the Commissioner.

(3) In addition to or instead of any return required
under this Act, the Commissioner may by notice in writing
require a person, whether or not a taxable person, to lodge
with the Commissioner, whether on that person's own behalf
or as agent or trustee of another person, such fewer,
additional, or other returns in the prescribed form as and
when required by the Commissioner for the purposes of this
Act.
(4) A person dissatisfied with a decision of the
Commissioner under subsection (3) may challenge the
decision only under Part X.
32. (1) Upon application in writing by a person, the
Commissioner may, where good cause is shown by the
person, extend the period within which a return required
under section 31 is to be lodged.
(2) The granting of an extension of time under
subsection (1) does not alter the due date for payment of tax
under section 42.
(3) A person dissatisfied with a decision of the
Commissioner under subsection (1) may challenge the
decision only under Part X.
33. (1) Where–
(a) a person fails to lodge a return as
required by section 31 or fails to
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furnish an import declaration as
required by section 22(1) or (2);
(b) the Commissioner is not satisfied with
a return or import declaration
furnished by a person;
(c) the Commissioner has reason to
believe that a person will become
liable for the payment of an amount
of tax but is unlikely to pay such
amount;
(d) a person, other than a taxable person,
supplies goods or services and
represents that tax is charged on the
supply;
(e) a taxable person supplies goods or
services and the supply is not a
taxable supply or is a taxable supply
charged with tax at the rate of zero
percent and, in either case, the taxable
person represents that a positive rate
of tax is charged on the supply; or
(f) the Commissioner has determined the
liability of any person under section
91(2),
the Commissioner may make an assessment of the amount of
tax payable by the person or of the amount of tax represented
by the person as payable in respect of a supply.
(2) The person assessed under subsection (1) –
(a) in the case of an assessment under
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subsection (1)(d) or (e), is the person
making the supply; or
(b) in the case of an assessment under
subsection (1)(f), is the person whose
liability has been determined under
section 91(2); or
(c) in any other case, is the person
required to account for the tax under
this Act.
(3) An assessment under subsection (1)(a), (c), (d),
(e), or (f) may be made at any time.
(4) An assessment under subsection (1)(b) –
(a) where the default was due to fraud, or
gross or wilful neglect committed by,
or on behalf of, the person who
furnished the return or import
declaration, may be made at any time;
or
(b) in any other case, may be made
within three years after the date the
return or import declaration was
furnished.
(5) The Commissioner may, based on the
information available, estimate the tax payable by a person
for the purposes of making an assessment under subsection
(1).
(6) Where a taxable person is not satisfied with a
return lodged by that person under this Act, that person may
apply to the Commissioner to make an addition or alteration
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to that return.
(7) An application under subsection (6) is required
to be in writing, to specify in detail the grounds upon which it
is made, and to be submitted within three years after the date
the return was lodged by the taxable person or, in the event
an assessment is made by the Commissioner after such three
year period, within forty days after the date that notice of
such assessment is served on the taxpayer.
(8) After considering an application under
subsection (6), the Commissioner shall make an assessment of
the amount that, in the Commissioner’s opinion, is the
amount of tax payable under this Act.
(9) Where an assessment has been made under this
section, the Commissioner is required to serve a notice of the
assessment on the person assessed, which notice shall state–

(a) the tax payable;
(b) the date the tax is due and payable;
and
(c) the time, place, and manner of
objecting to the assessment.
(10) The Commissioner may, within three years
after service of the notice of assessment, or in the case of
assessments described in subsection (4), within the deadline
specified therein, amend an assessment by making such
alterations or additions to the assessment as the
Commissioner considers necessary, in which case, the
Commissioner is required to serve notice of the amended
assessment on the person assessed.
(11) An amended assessment is treated in all
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General
provisions
relating to
assessments.

Carry forward
of excess
credits and
refund of tax.
respects as an assessment under this Act.
(12) An amount assessed under subsection (1)(d),
(e) or (f) is treated, for all purposes of this Act, as tax charged
under this Act.
(13) The action taken by the Commissioner under
subsections (1) and (10) shall be subject to appeal under PART
X.
34. (1) The original or a certified copy of a notice of
assessment is receivable in any proceedings as conclusive
evidence that the assessment has been duly made and, except
in proceedings under Part X relating to the assessment, that
the amount and all particulars of the assessment are correct.
(2) No assessment or other document purporting
to be made, issued, or executed under this Act shall be–
(a) quashed or deemed to be void or
voidable for want of form; or
(b) affected by reason of mistake, defect,
or omission therein,
if it is, in substance and effect, in conformity with this Act and
the person assessed, or intended to be assessed or affected by
the document is designated in it according to common
understanding.
PART IX
REFUND OF TAX AND TAX RELIEF
35. (1) Where–
(a) the total amount of input tax
creditable by a taxable person under
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section 24 for a tax period exceeds the
person's output tax for that period; or
(b) the amount of tax paid by a person,
other than in circumstances specified
under paragraph (a), was in excess of
the amount properly charged to tax
under this Act,
the amount of the excess shall be treated in the manner
provided in this section.
(2) Except as provided in subsection (5), the excess
described in subsection (1)(a) is carried forward to the next
tax period and treated as input tax creditable in that period.
(3) Subject to this section, if any of the excess
referred to in subsection (1)(a) for a tax period remains after
being carried forward and used as input tax creditable in six
consecutive tax periods, the taxable person may file with the
Commissioner a claim for refund for the amount remaining,
in the form and with the documentation specified in
regulations.
(4) By the end of the second calendar month
following the date the claim for refund described in
subsection (3) is filed or, where the Commissioner orders an
audit of the claim for refund described in subsection (3),
within ten days after conclusion of the audit, if later, the
Commissioner, to the extent satisfied that the taxpayer is
entitled to the amount of the refund claimed–
(a) may apply the amount of the refund
claimed under subsection (3) in
reduction of any tax, levy, interest, or
penalty payable by the person in
terms of this Act, other taxes collected
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by the Commissioner, and any unpaid
amounts under the repealed
Consumption Tax Act; and
(b) is required to refund any excess
remaining to the taxable person.
(5) Where at least fifty per cent of the amount of
the taxable supplies of a taxable person for the taxable period
is taxed at a zero rate, and the person reports an excess
described in subsection (1)(a) for a taxable period, the person
may file with the Commissioner a claim for refund for the
excess credits attributable to the zero-rated supplies in the
form and with the documentation specified in regulations.
(6) By the end of the first calendar month following
the date the return described in subsection (5) is filed or,
where the Commissioner orders an audit of the claim for
refund described in subsection (5), within ten days after
conclusion of the audit, if later, the Commissioner, to the
extent satisfied that the taxpayer is entitled to the amount of
the refund claimed–
(a) may apply the amount of the refund
claimed under subsection (5) in
reduction of any tax, levy, interest, or
penalty payable by the person in
terms of this Act, other taxes collected
by the Commissioner, and any
unpaid amounts under the repealed
Consumption Tax Act; and
(b) is required to refund any excess
remaining to the taxable person.
(7) Notwithstanding subsection (4)(b) or (6)(b), if
the amount of the excess to be refunded is not more than the
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amount specified in paragraph 4 of Schedule IV, the excess
shall be carried forward to the next succeeding tax period and
be accounted for as provided in section 24(1)(f).
(8) Where a person has overpaid tax in the
circumstances specified under subsection (1)(b), the person
may apply in writing to the Commissioner for a refund of the
excess amount of tax, accompanied by documentary proof of
payment of the excess amount.
(9) For purposes of subsection (8), if the claim for
refund is filed by a taxable person –

(a) the Commissioner is required to deal
with the claim as if it were a claim
under subsection (3); and
(b) to the extent that any output tax
claimed to be refundable is an amount
borne by a recipient who is not a
registered person, the output tax is
refundable only to the extent that it
will be repaid by the taxable person to
that recipient, whether in cash or as a
credit against an amount owing to the
taxable person by the recipient.
(10) Where a taxable person has failed to lodge a
return for any tax period as required under this Act, the
Commissioner may withhold payment of any amount
refundable under this section until the taxable person lodges
such return as required.
(11) To be considered, a claim for a refund
specified in subsection (3), (5), or (8) must be made within
three years after the date the person has the right to apply for
the refund under this section.
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Interest on
overpayment.
Others eligible
for tax refund.
(12) The Commissioner is required to serve on a
person claiming a refund, a notice in writing of the decision in
respect of the claim.
(13) A person claiming a refund under this section
who is dissatisfied with a decision referred to in subsection
(12) may challenge the decision only under Part X.
36. (1) Where the Commissioner fails to pay a refund
of tax relating to an excess under section 35 by the date
specified under that section, the Commissioner is required to
pay the taxable person entitled to the refund an additional
amount as interest at the rate specified in paragraph 5 of
Schedule IV, commencing from the date on which the refund
was due and ending on the date the payment of the refund is
made.
(2) Where the Commissioner is required to refund
an amount of tax to a person as a result of–
(a) a decision of the VAT Board of
Review under section 39; or
(b) a decision of the High Court under
section 40,
the Commissioner is required to pay interest at the rate
specified in paragraph 5 of Schedule IV on the amount of the
refund for the period commencing from the date the person
paid the tax refunded and ending on the date the refund is
made.
37. (1) The Minister may, in accordance with
regulations made by him in consultation with the Minister of
Foreign Affairs, authorise the granting of a refund of tax paid
or borne on a supply to or import by–
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(a) a person to the extent provided under
the Diplomatic Immunities and
Privileges Act, an international
convention having force of law in
Guyana, or the recognised principles
of international law; or
(b) a diplomatic or consular mission of a
foreign country established in
Guyana, relating to transactions
concluded for the official purposes of
such mission; or
(c) an organization or government to the
extent provided under a technical
assistance or humanitarian assistance
agreement entered into with the
Government of Guyana; or
(d) a non-resident individual on goods
specified in the regulations that are
exported from Guyana as
accompanied baggage, but only if the
total tax on such goods exceeds the
amount specified in paragraph 6 of
Schedule IV .

(2) The refund provided for in subsection (1)(a)
and (d) is not available to a citizen or a permanent resident of
Guyana.
(3) The Minister may authorise any relief under
this section on such conditions and subject to such restrictions
as the Minister may deem fit.
(4) A claim for a refund of tax under this section is
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Objections.
to be made in such form and at such time as the Minister may
prescribe and shall be accompanied by proof of payment of
tax.
(5) The Minister may, by notice in the Gazette,
apply the provisions of this section to a public international
organisation and its officials and employees.
PART X
OBJECTIONS AND APPEALS
38. (1) A person dissatisfied with an appealable
decision may lodge an objection to the decision with the
Commissioner within twenty days after the service of the
notice of the decision.
(2) Where the Commissioner is satisfied that owing
to absence from Guyana, sickness, or other reasonable cause,
the person was prevented from lodging an objection within
the time specified under subsection (1) and there has been no
unreasonable delay by the person in lodging the objection, the
Commissioner may accept an objection lodged after the time
specified under subsection (1).
(3) An objection to an appealable decision is
required to be in writing and to specify in detail the grounds
upon which it is made.
(4) Where tax determined to be paid is disputed in
part, then the part which is not disputed should be paid in
full before any objection to the Commissioner on the disputed
sum is considered.
(5) After considering the objection, the
Commissioner may allow the objection in whole or part and
amend the assessment or the decision objected to accordingly,
or disallows the objection.
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Appeal to VAT
Board of
review.
(6) The Commissioner is required to serve the
person objecting with notice in writing of the decision on the
objection.
(7) A person dissatisfied with a decision of the
Commissioner under subsection (2) may challenge the
decision only under Part X.
39. (1) In this section “VAT Board of Review” means a
VAT Board of Review appointed by the Minister under
Section 39A to hear and decide any matter in dispute between
the Commissioner and any person in respect of the person’s
liability or assessment for value-added tax.

(2)A person dissatisfied with the Commissioner’s
decision on an objection under section 38(6) may, within
twenty days after being served with notice of the decision—
(a) lodge a notice of appeal with the VAT
Board of Review;
(b) serve a copy of the notice of appeal on
the Commissioner; and
(c) pay to the Commissioner tax equal to
two- thirds of the tax which is in
dispute.
(3) Upon application in writing by a person
dissatisfied with a decision under section 38(5), the VAT
Board of Review may, where satisfied that owing to absence
from Guyana, sickness, or other reasonable cause, the person
was prevented from lodging a notice of appeal within the
time specified under subsection (2) and there has been no
unreasonable delay by the person in lodging the notice,
accept a notice of appeal lodged after the time specified under
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Establishment
of VAT Board
of Review.

subsection (2).
(4) If the Commissioner has not made an objection
decision, and forty days have passed since the objection was
lodged, an appeal may be made under subsection (2) at any
time, as if the Commissioner had made a decision to disallow
the objection.
(5) In an appeal to the VAT Board of Review
against an objection decision, the person is limited to the
grounds set out in the person’s objection, unless the VAT
Board of Review grants the person leave to add new grounds.
(6) In deciding an appeal, the VAT Board of
Review may make an order–
(a) affirming, reducing, increasing, or
varying the assessment under appeal;
or
(b) remitting the assessment for
reconsideration by the Commissioner
in accordance with the directions of
the VAT Board of Review.
(7) A person dissatisfied with a decision of the
VAT Board of Review under subsection (3) may challenge the
decision only under Part X.
39A. (1) The VAT Board of Review shall consist of a
Chairman and not less than three nor more than four other
members appointed by the Minister.
(2) The Chairman shall be an attorney-at-law of not
less than seven years standing.
(3) The other members shall be appointed from
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Burden of
Proof.

Appeal to High
Court.
among persons appearing to the Minister to be qualified as
having had experience of, and shown capacity in, social
services, finance or accountancy or any other discipline.
(4) Each member including the Chairman shall be
appointed for two years.
(5) The VAT Board of Review shall regulate its
own procedure.
(6) Decisions of the Board shall be by a majority,
except that in case of a tie the Chairman shall have a casting
vote.
40. The burden of proving that an assessment is
excessive or that a decision of the Commissioner is wrong is
on the person objecting to the assessment or decision.
41. (1) A party who is dissatisfied with the decision of
the VAT Board of Review mentioned in section 39 may,
within twenty days after being notified of the decision, appeal
to a judge in Chambers; and the party so appealing shall serve
a copy of the notice of appeal on the other party to the
proceeding before the VAT Board of Review.
(2) An appeal under subsection (1) may be made
only on a question of law, including a question of mixed fact
and law, and the notice of the appeal shall state the question
of law that will be raised on the appeal.

(3) No appeal shall lie under this section unless the
full amount of tax which is in dispute is paid to the
Commissioner.
(4) For the removal of doubt it is hereby declared
that where the Commissioner appeals the decision of the VAT
Board of Review, subsection (3) shall not apply.
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Due date for
payment of tax.

PART XI
PAYMENT, COLLECTION AND RECOVERY
42. (1) Tax payable under this Act is due and payable–
(a) by a taxable person for a tax period,
by the due date for the return for the
tax period;
(b) by a person assessed under an
assessment issued under this Act, on
the date specified in the notice of
assessment;
(c) by an importer of goods or a recipient
of an import of services, by the due
date specified under section 22 in
respect of the import; or
(d) by any other person, by the date the
taxable transaction occurs as
determined under this Act.
(2) Where an objection to, or a notice of appeal
against, an assessment has been lodged, the tax payable under
the assessment is due and payable under subsection (1), and
may be recovered, notwithstanding that objection or appeal.
(3) Upon application in writing by a person liable
for tax, the Commissioner may, where good cause is shown,
extend the time for payment of tax by the person beyond the
date on which it is due and payable under this section, or
make such other arrangements as appropriate to ensure the
payment of the tax due, and any such extension does not alter
the due date for purposes of section 27.
(4) A person dissatisfied with a decision of the
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Allocation of
payments.
Recovery of tax
as debt due.

Commissioner under subsection (3) may challenge the
decision only under Part X.
43. Where, in addition to any amount of tax which is
due and payable by a person under this Act, an amount of
interest or penalty is payable, a payment made by the person
in respect of such tax, interest, or penalty which is less than
the total amount due is deemed to be made–
(a) first in respect of such penalty;

(b) to the extent that such payment
exceeds the amount of such penalty,
then in respect of such interest; and
(c) to the extent that such payment
exceeds the sum of such penalty and
interest, then in respect of such tax.
44. (1) An amount of tax due and payable under this
Act shall be recoverable by the Commissioner as a debt due to
the State from the person liable therefor in the manner
provided in this section.
(2) Except where a person has lodged an appeal or
where his case is engaging the attention of the Court, where a
person fails to pay tax when it is due and payable, referred to
as the “defaulter”, the Commissioner may file, with the clerk
or registrar of a court of competent jurisdiction, a statement
certified by the Commissioner setting forth the amount of the
tax due and payable by that person, and that statement shall
have the effect of a civil judgment lawfully given in that court
in favour of the Commissioner for a debt in the amount
specified in the statement; and the court shall issue a writ of
execution in respect thereof against the defaulter.
(3) A writ of execution under subsection (2) shall
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Recovery of
monies from
persons leaving
Guyana.
not be issued until ten days after service by the court on the
defaulter of a notice informing the defaulter that a writ of
execution will be issued by the court in respect of tax owed by
the defaulter, and unpaid, unless before the expiration of that
period of ten days the defaulter produces proof of payment
thereof satisfactory to the court.
(4) The Commissioner may, without prejudice to
re-instituting proceedings under subsection (2), by notice in
writing addressed to the clerk or registrar of the court,
withdraw the statement referred to in subsection (2) and such
statement shall thereupon cease to have any effect.
(5) Except where the contrary intention appears,
the provisions of the Customs Act on imported goods shall,
with such exceptions, modifications, and adaptations as the
Minister may by Order prescribe, apply in relation to any tax
chargeable on imported goods.
45. (1) Where the Commissioner has reasonable
grounds to believe that a person may leave Guyana without
paying all tax due under this Act, the Commissioner may
issue a certificate to the Chief Immigration Officer containing
particulars of the tax due and request that the Chief
Immigration Officer take the necessary steps to prevent the
person from leaving Guyana until the person makes–
(a) payment in full; or
(b) an arrangement satisfactory to the
Commissioner for the payment of the
tax:
Provided that the Commissioner cannot proceed under
this subsection unless he has obtained an Order of the Court
in respect of the tax due.

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Security.
(2) A copy of the certificate issued under
subsection (1) shall be served by the Commissioner on the
person named in the certificate if it is practicable to do so.
(3) If a certificate is issued under subsection (1),
proof of payment to the Commissioner of the tax specified in
the certificate or the production of the certificate signed by the
Commissioner stating that the tax has been paid or
satisfactory arrangements for payment have been made shall
be sufficient authority for any immigration officer to allow the
person to leave Guyana.
46. (1) Where it is reasonable to do so for the
protection of the revenue or as provided for in this Act, the
Commissioner, by notice in writing, may require a person to
give security for the payment of tax that is or may become
payable by the person under this Act.
(2) Security required under subsection (1),
including security required from a promoter of public
entertainment, shall be for such amount, in such form, and
furnished within such period as the Commissioner may
specify in the notice.
(3) Where security under subsection (1) is in cash
and the Commissioner is satisfied that the security is no
longer required, the Commissioner is required to apply the
amount of the security as specified under section 35(4).
(4) A person dissatisfied with a decision of the
Commissioner under subsection (1) may challenge the
decision only under Part X.
(5) A promoter of public entertainment is not
permitted to allow the public entertainment to take place
unless the promoter has paid the amount required under
subsection (2) and has received the Commissioner’s written
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Preferential
claim to assets.
Seizure of
goods and
vehicles.
approval.
47. From the date on which tax becomes due and
payable under this Act, the Commissioner has a preferential
claim upon the assets of the person liable to pay the tax until
the tax is paid.
48. (1) Where the Commissioner is satisfied on
reasonable grounds that tax on a supply or import of goods
has not been paid, the Commissioner may seize the goods.
(2) The Commissioner may seize a vehicle used in
the removal or carriage of goods liable to be seized under
subsection (1), unless it is shown that such vehicle was so
used without the consent or knowledge of the owner of that
vehicle or other person lawfully in possession or charge
thereof; and at the discretion of the Commissioner, the vehicle
may be sold by public auction or may be dealt with in such
other manner as the Commissioner may direct.
(3) Goods seized under subsection (1) shall be
stored in a place approved by the Commissioner for the
storage of such goods.
(4) Where goods are seized under subsection (1),
the Commissioner is required to serve on the owner of the
goods or the person who had custody or control of the goods
immediately before seizure, a notice in writing as soon as
practicable after the seizure–
(a) identifying the goods;
(b) stating that the goods have been
seized under this section and the
reason for seizure; and
(c) setting out the terms of subsections
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(7), (8), and (9).
(5) The Commissioner is not required to serve
notice under subsection (4) if, after making reasonable
enquiries, the Commissioner does not have sufficient
information to identify the person on whom the notice should
be served.
(6) Where subsection (5) applies, the
Commissioner may serve a notice under subsection (4) on a
person claiming the goods, provided the person has given the
Commissioner sufficient information to enable such a notice
to be served.
(7) Subject to subsection (8), the Commissioner
may authorise the delivery of goods seized under subsection
(1) to the person on whom a notice under subsection (4) has
been served, where that person pays or gives security, in
accordance with section 46, for the payment of tax due and
payable or that will become due and payable in respect of the
supply or import of the goods.
(8) The Commissioner is permitted to detain the
goods seized under subsection (1)–
(a) in the case of perishable goods, only
for such period as the Commissioner
considers reasonable having regard to
the condition of the goods; or
(b) in any other case, until the later of–
(i) ten days after the seizure
of the goods; or
(ii) ten days after the due
date for payment of the
tax on the supply or
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Distress
proceedings.
import of the goods.
(9) Where the detention period in subsection (8)
has expired, the Commissioner may sell the goods in the
manner specified under section 49(4) and apply the proceeds
of sale as set out in section 49(5).
(10) Notwithstanding the provisions of this section,
the Commissioner may proceed under section 44 with respect
to any balance owed if the proceeds of sale are not sufficient
to meet the costs thereof and the tax due.
49. (1) The Commissioner may recover unpaid tax by
distress proceedings against the movable property of the
person liable to pay the tax, referred to as the "person liable",
by issuing an order in writing, specifying the person liable,
the location of the property, and the tax liability to which the
proceedings relate.
(2) For the purposes of executing distress under
subsection (1), the Commissioner may–
(a) at any time enter any house or
premises described in the order
authorising the distress proceedings;
and
(b) require a police officer to be present
while the distress is being executed.
(3) Property upon which a distress is levied under
this section, other than perishable goods, must be kept for ten
days either at the premises where the distress was levied or at
such other place as the Commissioner may consider
appropriate, at the cost of the person liable.
(4)Where the person liable does not pay the tax
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Recovery of tax
from recipient
of supply.

due, together with the costs of the distress–
(a) in the case of perishable goods, within
such period as the Commissioner
considers reasonable having regard to
the condition of the goods; or
(b) in any other case, within ten days
after the distress is levied,
the property distrained upon may be sold by public auction,
or in such other manner as provided in regulations.

(5) The proceeds of a disposal under subsection (4)
shall be applied by the auctioneer or seller first towards the
cost of taking, keeping, and selling the property distrained
upon, then by the Commissioner towards the tax due and
payable, and the remainder of the proceeds, if any, shall be
restored to the person liable.
(6) Nothing in this section precludes the
Commissioner from proceeding under section 44 with respect
to any balance owed if the proceeds of the distress are not
sufficient to meet the costs thereof and the tax due.
(7) All costs incurred by the Commissioner in
respect of a distress may be recovered by the Commissioner
from the person liable as tax due under this Act.
50. (1) Where, in respect of a taxable supply by a
taxable person, the taxable person has, in consequence of a
fraudulent action or misrepresentation by the recipient of the
supply, incorrectly treated the supply as an exempt or zero-
rated supply, the Commissioner may raise an assessment
upon the recipient for the amount of unpaid tax in respect of
the supply together with any interest or penalty that has
become payable under sections 27 and 44.
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(2) The Commissioner is required to serve notice of
an assessment under subsection (1) on the recipient
specifying–
(a) the tax payable;
(b) the date the tax is due and payable;
and
(c) the time, place, and manner of
objecting to the assessment.
(3) An assessment raised under subsection (1) is
treated as an assessment for all purposes of this Act.
(4) Subsection (1) does not preclude the
Commissioner from recovering the tax, interest, or penalty
from the taxable person making the supply.

(5) For purposes of subsection (4)–
(a) any amount recovered from the
recipient is to be credited against the
liability of the taxable person; and
(b) any amount recovered from the
taxable person is to be credited
against the liability of the recipient.
(6) Where an amount of tax, interest, or penalty
referred to in subsection (1) is paid by the taxable person, the
taxable person may recover the amount paid from the
recipient.
(7) An amount assessed under this section is
treated, for all purposes of this Act, as tax charged under this
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Recovery of tax
from third
parties.

Act.
51. (1) Where a person liable to pay tax under this Act,
referred to as the “person liable”, fails to do so by the due
date, the Commissioner may, by notice in writing, require any
other person–
(a) owing or who may owe money to the
person liable;
(b) holding or who may subsequently
hold money for, or on account of, the
person liable; or
(c) having authority from some other
person to pay money to the person
liable,
to pay the money to the Commissioner on the date set out in
the notice, up to the amount of the tax due.
(2) The date specified in the notice under
subsection (1) shall not be a date before the money becomes
due to the person liable to pay tax, or held on the person's
behalf.
(3) A copy of a notice issued under subsection (1)
shall be served on the person liable.
(4) A person making a payment pursuant to a
notice under subsection (1) is deemed to have acted under the
authority of the person liable and of all other persons
concerned and is indemnified in respect of the payment.
(5) The provisions of this Act relating to the
payment, collection and recovery of tax apply to any amount
due under this section as if the amount were tax due under
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Duties of
receivers.
this Act.
52. (1) In this section, "receiver" means a person who,
with respect to an asset in Guyana is–
(a) a liquidator of a company;
(b) a receiver appointed out of court or
by a court;
(c) a mortgagee in possession;
(d) an executor of the estate of a deceased
person; or
(e) any other person conducting business
on behalf of a person legally
incapacitated.
(2) A receiver is required to notify the
Commissioner in writing within ten days after being
appointed to the position or taking possession of an asset in
Guyana, whichever first occurs.
(3) The Commissioner may in writing notify a
receiver of the amount which appears to the Commissioner to
be sufficient to provide for any tax which is or will become
payable by the person whose assets are in the possession of
the receiver.
(4) A receiver–
(a) is required to set aside, out of the
proceeds of sale of an asset, the
amount notified by the Commissioner
under subsection (3), or such lesser
amount as is subsequently agreed on
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Persons acting
in a
representative
capacity.
by the Commissioner;
(b) is liable to the extent of the amount
set aside for the tax of the person who
owned the asset.
(5) A receiver is personally liable to the extent of
any amount required to be set aside under subsection (4) for
the tax referred to in subsection (3) if, and to the extent that,
the receiver fails to comply with the requirements of this
section.
PART XII
REPRESENTATIVES AND SPECIAL CASES OF TAXABLE
PERSONS
53. (1) In this section, “representative”, in relation to a
taxable person means–
(a) in the case of a corporation, the
treasurer or other designated officer
or officers;
(b) in the case of an unincorporated
association or body, any member of
the committee of management;
(c) in the case of a company–
(i) for a company other than a
company in liquidation, the
secretary of the company; or
(ii) for a company in liquidation,
the liquidator;
(d) in the case of the State, any person
responsible for accounting for the
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receipt and payment of money under
the provisions of any law or for the
receipt and payment of public funds
or of funds voted by Parliament;
(e) in the case of a local authority or
board, any person who is responsible
for accounting for the receipt and
payment of money or funds on behalf
of the local authority or board;
(f) in the case of a partnership, any
partner in the partnership;
(g) in the case of a trust, any trustee; or
(h) in the case of a non-resident person or
a person referred to in paragraph (d)
of the definition of “resident person”
in section 2, any person controlling
the non-resident person’s affairs in
Guyana, including any manager of a
taxable activity of the non- resident
person in Guyana.

(2) Every representative of a taxable person is
responsible for performing any duties, including the payment
of tax, imposed by this Act on the taxable person.
(3) Every representative who in that capacity pays
any tax payable under this Act by a taxable person is entitled
to recover the amount so paid from the taxable person or to
retain the amount so paid out of any money of the taxable
person that is in the representative’s possession or under the
representative’s control.
(4) Every representative is personally liable for the
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Power to
appoint agent.

Branches.

payment of any tax payable by the representative in his
representative capacity if, while the amount remains unpaid,
the representative –
(a) alienates, charges, or disposes of
any money received or accrued in
respect of which the tax is payable; or
(b) disposes of or parts with any fund or
money belonging to the taxable
person which is in the possession of
the representative or which comes to
the representative after the tax is
payable if such tax could legally have
been paid from or out of such fund or
money.
(5) Nothing in this section shall be construed as
relieving a taxable person from performing any duties
imposed by this Act on the taxable person which the
representative of the person has failed to perform.
54. (1) The Commissioner may, if the Commissioner
considers it necessary to do so, declare a person to be an agent
of a taxable person and the person declared to be agent is
deemed to be a representative of the taxable person for the
purposes of section 53.
(2) A person dissatisfied with a decision referred to
in subsection (1) may challenge the decision only under Part
X.

55. (1) Where a taxable activity is conducted by a
taxable person in branches or divisions, the taxable person is
deemed to be a single person conducting the taxable activity
for purposes of this Act.

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Bodies of
persons (other
than
incorporated
companies).
(2) Subject to subsection (3), a taxable person who
conducts a taxable activity in branches or divisions is required
to register in the name of the taxable person and not also in
the names of its branches and divisions.
(3) Upon application in writing, the Commissioner
may authorise a taxable person to register one or more of its
branches or divisions as separate taxable persons if the
Commissioner is satisfied that the branch or division
maintains an independent system of accounting and can be
separately identified by the nature of its activities or its
location.
(4) The registration of a branch or division under
subsection (3) is subject to such conditions and restrictions as
the Minister may deem fit.
56. (1) This Act applies to a partnership as if the
partnership were a person separate from the partners of the
partnership, except that–
(a) obligations that would be imposed on
the partnership are instead imposed
on each partner, but may be
discharged by any of the partners;
(b) the partners are jointly and severally
liable to pay any amount due under
this Act that would be payable by the
partnership; and
(c) any offence under this Act that would
otherwise be committed by the
partnership is taken to have been
committed by each of the partners.
(2) This Act applies to a partnership,
unincorporated association or body as if it were a person
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Death or
insolvency of
taxable person;
mortgagee in
separate from the members of the association or body, but the
obligations that would be imposed on the association or body
are instead imposed on each member of the committee of
management of the partnership, unincorporated association
or body, but may be discharged by any of those members.
(3) Where–
(a) a partnership, or unincorporated
association or body is dissolved,
referred to as the “dissolved entity”,
in consequence of–
(i) the retirement or withdrawal of
one or more, but not all, of its
partners or members; or
(ii) the admission of a new partner
or member;
(b) a new partnership, or association or
body comes into existence, referred to
as the “new entity”, consisting of the
remaining members and one or more
new members; and
(c) the new entity continues to carry on
the taxable activity of the dissolved
entity as a going concern,
the dissolved entity and the new entity, for the purposes of
this Act, are deemed to be one and the same, unless the
Commissioner, having regard to the circumstances of the
case, otherwise directs.
57. (1) Where, after the death of a taxable person or
the sequestration of a taxable person’s estate, any taxable
activity previously carried on by the taxable person is carried
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possession.

Trustee.
Interpretation.

Record-
keeping.
on by or on behalf of the executor or trustee of the person’s
estate or anything is done in connection with the termination
of the taxable activity, the estate of the taxable person, as
represented by the executor or trustee, is deemed for the
purposes of this Act to be the taxable person in respect of the
taxable activity.
(2) Where a mortgagee is in possession of any land
or other property previously mortgaged by a mortgagor who
is a taxable person, and the mortgagee carries on a taxable
activity in relation to the land or other property, the
mortgagee is deemed, from the date the mortgagee took
possession of that land or property until such time as the
mortgagee ceases to be in possession of the land or property,
to be the taxable person carrying on the taxable activity.
58. A person who is a trustee in more than one
capacity is treated for the purposes of this Act as a separate
person in relation to each of those capacities.
PART XIII
RECORDS AND INVESTIGATION POWERS
59. In this Part, “records” means accounting records,
accounts, books, computer-stored information, or any other
documents.
60. (1) Every taxable person or any other person liable
for tax under this Act is required to maintain in Guyana–
(a) original tax invoices, tax credit notes,
and tax debit notes received by the
person;
(b) a copy of all tax invoices, tax credit
notes, and tax debit notes issued by
the person;
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Access to
records,
computers,
goods, and
vehicles.
(c) customs documentation relating to
imports and exports by the person;
(d) accounting records relating to taxable
activities carried on in Guyana; and
(e) any other records as may be
prescribed by regulations.
(2) Records required to be maintained under
subsection (1) are required to be retained for seven years after
the end of the tax period to which they relate.
61. (1) Notwithstanding anything in the other
provisions of this section, a taxation officer having a writ of
assistance issued from the High Court (which is hereby
authorised and requested to grant such writs upon
application by the Commissioner) may by day or night, enter
into and search any premises or place where records are kept
and seize and bring away any such records which in the
taxation officer’s opinion, may afford evidence that may be
material in determining the liability of any person for tax
payable under this Act, and may exercise all other powers
that are exercisable under the provisions of this section by a
taxation officer with a warrant.
(2) Where the Commissioner has reasonable
grounds to believe that an offence in connection with the tax
is being, or is about to be committed on any premises, or that
evidence of the commission of such an offence is to be found
therein, he shall apply to the Magistrate for a warrant to allow
a taxation officer–
(a) without any prior notice and at any
time, to enter any premises or place
where records are kept and on such
premises search for any records;
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(b) in carrying out a search referred to in
paragraph (a) and in any manner, to
open or cause to be opened or
removed and opened, any article in
which the taxation officer suspects
that any records are kept;
(c) to seize any records which in the
taxation officer’s opinion may afford
evidence that may be material in
determining the liability of any
person for tax payable under this Act;
(d) to retain any records seized under
paragraph (c) for as long as they may
be required for determining a
person’s liability under this Act or for
any proceeding under this Act;
(e) to examine and make extracts from,
and copies of, any records, and
require from any person an
explanation of any entry therein;
(f) where a hard copy or computer disk
of computer-stored information is not
provided, to seize and retain the
computer in which the information is
stored for as long as is necessary to
copy the information required; and
(g) to stop and board a vehicle which the
taxation officer has reasonable cause
to believe is importing goods into
Guyana, search any such vehicle or
any person found in the vehicle and
question the person with respect to
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Records not in
official
language.


Notice to obtain
information or
any matter dealt with in this Act.
(3) A taxation officer who attempts to exercise a
power under subsection (1) on behalf of the Commissioner is
not entitled to enter or remain on any premises or at any place
if, upon being requested by the occupier of the premises or
place, the taxation officer does not produce an authorisation
in writing from the Commissioner to the effect that the
taxation officer is authorised to exercise that power under this
section.
(4) The owner, manager, or any other person
lawfully on the premises or at the place entered or proposed
to be entered under this section is required to provide all
reasonable facilities and assistance for the effective exercise of
power under this section.
(5) A person whose records or computer has been
removed and retained under subsection (1) may examine
them and make copies or extracts from them during regular
office hours under such supervision as the Commissioner
may determine.
(6) A taxation officer exercising a power under
subsection (1) may request the assistance of a police officer as
the taxation officer may consider reasonably necessary and
any such police officer shall render such assistance as may be
required by the taxation officer.
62. Where a record referred to in section 60 or 61 is not
in English, the Commissioner may, by notice in writing,
require the person keeping the record to provide at that
person's expense a translation into English by a translator
approved by the Commissioner for this purpose.
63. (1) The Commissioner may, by notice in writing,
require a person, whether or not liable for tax under this Act–
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evidence.

(a) to furnish such information
concerning that person or any other
person as may be required by the
notice; or
(b) to attend at the time and place
designated in the notice for the
purpose of being examined on oath
before the Commissioner (or any
other taxation officer specifically
authorised for this purpose by the
Commissioner) concerning the tax
affairs of that person or any other
person, and at that time to produce
any record or computer in the control
of the person and relevant to the
examination.
(2) Where the notice requires the production of any
record or computer, it is sufficient if such record or computer
is described in the notice with reasonable certainty.
(3) A notice issued under this section is required to
be served by or at the direction of the Commissioner by a
signed copy delivered–
(a) by registered post;
(b) by hand to the person to whom it is
directed; or
(c) left at the person's last and usual
place of abode,
and the certificate of service signed by the person serving the
notice is evidence of the facts stated therein.
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Power to bring
criminal
charges.

Time limits for
proceedings to
be taken.
(4) This section has effect notwithstanding any rule
of law relating to privilege or the public interest in relation to
the furnishing of information or the production of records or
documents.
PART XIV
OFFENCES AND PENALTIES
Division I: Criminal Offences
64. (1) Subject to the powers of the Director of Public
Prosecutions under the Constitution, no criminal proceedings
in respect of any offence under this Act shall be commenced
except where the Commissioner determines to bring charges
and prosecute.
(2) Criminal proceedings under this Act shall be
commenced in the name of the Commissioner in a court of
summary conviction.
65. Proceedings under this Division may be
commenced–
(a) where the offence alleged involves the
doing of any act in violation of this
Act, within three years after the
discovery of the act;
(b) where the offence alleged involves the
failure to do any act as required under
this Act, within three years after the
Commissioner has become aware of
such failure; or
(c) where the offence alleged has
involved the non- disclosure or
incorrect disclosure by any person of
information relating to that person's
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Failure to apply
for VAT
registration.
Improper VAT
documentation.
liability to tax for a tax period, within
one year after his correct liability to
tax has become final for that tax
period.
66. A person who knowingly or recklessly fails to
apply for VAT registration as required by section 11(1), (7), or
(8) commits an offence and is liable on conviction to a fine not
exceeding twenty-five thousand dollars and imprisonment for
a term not exceeding two years
67. (1) A person who knowingly or recklessly fails to
furnish any import declaration as required by section 22
commits an offence and is liable on conviction to a fine not
exceeding ten thousand dollars and to imprisonment for a
term not exceeding three years.

(2) Where a person convicted of an offence under
subsection (1) fails to furnish the import declaration within a
further period specified by the Commissioner by notice in
writing, that person commits an offence and is liable on
conviction to a fine of one thousand dollars for each day
during which the failure continues and to imprisonment for
three months.
(3) A registered person who knowingly or
recklessly fails to provide a tax invoice as required by section
28 commits an offence and is liable on conviction to a fine not
exceeding fifteen thousand dollars and to imprisonment for a
term not exceeding six months.
(4) A person who knowingly or recklessly provides
a tax invoice otherwise than as provided for in section 28
commits an offence and is liable on conviction to a fine not
exceeding fifteen thousand dollars and to imprisonment for a
term not exceeding two years.
(5) A registered person who fails to provide a tax
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False claim for
VAT refund.
Failure to
notify
Commissioner
of cessation of
taxable activity.

credit note or tax debit note as required by section 29 commits
an offence and is liable on conviction to a fine not exceeding
fifteen thousand dollars and to imprisonment for a term not
exceeding six months.
(6) A person who knowingly or recklessly provides
a tax credit note or tax debit note otherwise than as provided
for in section 29 commits an offence and is liable on
conviction to a fine not exceeding fifteen thousand dollars
and to imprisonment for a term not exceeding two years.
(7) A person who knowingly or recklessly uses a
false VAT registration number, including the VAT
registration number of another person, on a return, notice, or
other document prescribed or used for the purposes of this
Act commits an offence and is liable on conviction to a fine
not exceeding fifty thousand dollars and to imprisonment for
a term not exceeding two years.
(8) Subsection (7) does not apply to a person who
uses the VAT registration number of another person with the
permission of that other person on a return, notice, or other
document relating to the tax affairs of that other person.
68. A person who knowingly or recklessly makes a
false claim for refund under section 35 commits an offence
and is liable on conviction to a fine not exceeding fifteen
thousand dollars and to imprisonment for a term not
exceeding six months.
69. (1) A person who fails to notify the Commissioner
of a change in circumstances as required by section 12(10)
commits an offence and is liable on conviction–
(a) where the failure was made
knowingly or recklessly, to a fine not
exceeding fifty thousand dollars and
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Failure to
comply with
third-party
payment
notice.
to imprisonment for a term not
exceeding two years; or
(b) in any other case, to a fine not
exceeding twenty-five thousand
dollars.
(2) A person who fails to notify the Commissioner
as required by section 13(1) commits an offence and is liable
on conviction–
(a) where the failure was made
knowingly or recklessly, to a fine not
exceeding fifty thousand dollars and
to imprisonment for a term not
exceeding two years; or
(b) in any other case, to a fine not
exceeding twenty-five thousand
dollars.
70. (1) A person who fails to comply with a third-
party payment notice under section 51 commits an offence
and is liable on conviction to a fine not exceeding twenty-five
thousand dollars and to imprisonment for a term not
exceeding one year.
(2) Where a person is convicted of an offence
under subsection (1), the Court may, in addition to imposing
a fine and imprisonment, order the convicted person to pay to
the Commissioner an amount not exceeding the amount
which the person failed to pay as required under section 51.
(3) A person who fails to comply with a notice
issued under section 63 commits an offence and is liable on
conviction to a fine not exceeding fifteen thousand dollars
and to imprisonment for a term not exceeding six months.
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Failure to
comply with
duties as
receiver.

Failure to file
VAT return.

Failure to
maintain
proper records.
Disclosure of
confidential
information.


71. (1) A person who fails to comply with the
requirements of section 52(4) commits an offence and is liable
on conviction to a fine not exceeding twenty-five thousand
dollars and to imprisonment for a term not exceeding one
year.
(2) Where a person is convicted of an offence
under subsection (1) for failing to set aside an amount as
required under section 52(4), the Court may, in addition to
imposing a fine and imprisonment, order the convicted
person to pay to the Commissioner an amount not exceeding
the amount which the person failed to set aside as required
under section 52(4).
72. (1) A person who knowingly or recklessly fails to
lodge a return as required by section 31 commits an offence
and is liable on conviction to a fine not exceeding fifteen
thousand dollars.
(2) Where a person convicted of an offence under
subsection (1) fails to lodge the return within a further period
specified by the Commissioner by notice in writing, that
person commits an offence and is liable on conviction to a fine
of two thousand dollars for each day during which the failure
continues and to imprisonment for three months.
73. A person who knowingly or recklessly fails to
maintain proper records in accordance with section 60
commits an offence and is liable on conviction to a fine not
exceeding twenty-five thousand dollars.
74. A person who knowingly or recklessly
contravenes the secrecy requirements of section 8 commits an
offence and is liable on conviction to a fine not exceeding
twenty-five thousand dollars.

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False or
misleading
statements.

75. (1) A person who–
(a) makes a statement to a taxation officer
that is false or misleading in a
material particular; or
(b) omits from a statement made to a
taxation officer any matter or thing
without which the statement is
misleading in a material particular,
commits an offence and is liable on conviction–
(c) where the statement or omission was
made knowingly or recklessly, to a
fine not exceeding fifteen thousand
dollars and to imprisonment for a
term not exceeding two years.
(2) A reference in this section to a statement made
to a taxation officer is a reference to a statement made orally,
in writing, or in any other form to that taxation officer acting
in the performance of the taxation officer’s duties under this
Act, and includes a statement made–
(a) in an application, certificate,
declaration, notification, return,
objection, or other document made,
prepared, given, filed, lodged, or
furnished under this Act;
(b) in any information required to be
furnished under this Act;
(c) in a document furnished to a taxation
officer otherwise than pursuant to this
Act;
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Obstructing
taxation
officers.

Offences by
taxation
officers.

(d) in an answer to a question asked of a
person by a taxation officer; or
(e) to another person with the knowledge
or reasonable expectation that the
statement would be conveyed to a
taxation officer.
(3) It is a defence to a prosecution under subsection
(1) that the person did not know and could not reasonably be
expected to have known that the statement to which the
prosecution relates was false or misleading.
76. (1) A person who obstructs a taxation officer in the
performance of the taxation officer’s duties under this Act
commits an offence and is liable on conviction to a fine not
exceeding fifteen thousand dollars and to imprisonment for a
term not exceeding two years.
(2) A person who fails to provide a taxation officer
with reasonable facilities and assistance as required by
subsection 61(4) commits an offence and is liable on
conviction to a fine not exceeding fifteen thousand dollars.

77. A taxation officer in carrying out the provisions of
this Act who–
(a) directly or indirectly asks for, or takes
in connection with any of the taxation
officer's duties a payment or reward,
whether pecuniary or otherwise, or
any promise or security for any such
payment or reward, not being a
payment or reward which the
taxation officer was lawfully entitled
to receive; or
(b) enters into or acquiesces in an
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Offences by
companies,
aiders and
abetters.
agreement to do, abstain from doing,
permit, conceal, or connive at an act
or thing whereby the tax revenue is or
may be defrauded or which is
contrary to the provisions of this Act
or to the proper execution of the
taxation officer's duty,
commits an offence and is liable on conviction to a fine not
exceeding one hundred thousand dollars and to
imprisonment for a term not exceeding five years, and the
Court may, in addition to imposing a fine, order the convicted
person to pay to the Commissioner an amount of tax that has
not been paid as a result of the taxation officer’s wrongdoing
and which cannot be recovered from the person liable for the
tax.
78. (1) Where an offence under this Act has been
committed by a company, every person who at the time of the
commission of the offence–
(a) was a representative officer, director,
general manager, secretary, or other
similar officer of the company; or
(b) was acting or purporting to act in
such capacity,
is deemed to have committed the offence.
(2) Subsection (1) does not apply where –
(a) the offence was committed without
such person’s consent or knowledge;
and
(b) the person exercised all such diligence
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Compounding
of offences.
to prevent the commission of the
offence as ought to have been
exercised having regard to the nature
of the person's functions and all the
circumstances.
(3) A person aiding and abetting the commission
of an offence under this Act shall also be guilty of that offence
and liable to the same penalties as the person committing the
offence.
79. (1) Where a person has committed an offence
under this Act other than an offence under sections 74 or 77,
the Commissioner may, with the approval of the Minister, at
any time prior to the commencement of the court proceedings
relating thereto, compound such offence and order the person
to pay such sum of money as specified by the Commissioner,
not exceeding the maximum amount of the fine prescribed for
the offence.
(2) The Commissioner may compound an offence
under this section only if the person concerned admits in
writing that the person has committed the offence, or requests
in writing that the Commissioner so deal with the offence.
(3) Where the Commissioner compounds an
offence under this section, the order referred to in subsection
(1)–

(a) shall be in writing and shall have
attached the written admission or
request;
(b) shall specify–
(i) the offence committed;
(ii) the sum of money to be paid;
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Application of
this Division.

Civil penalty
for failure to
apply for VAT
registration.
and
(iii) the due date for the payment;
(c) shall be served on the person who
committed the offence; and

(d) shall be final and not subject to any
appeal.
(4) When the Commissioner compounds an offence
under this section, the person concerned shall not be liable for
prosecution in respect of such offence or for a civil penalty
under section 80, 82, 83, or 84.
(5) The amount ordered to be paid under
subsection (1) is recoverable as if it were tax due and payable.
Division II: Civil Penalties
79A. In so far as circumstances permit the provisions
of this Division should first be utilized before resort is had to
the provisions of Division I.
80. (1) A person who fails to apply for registration as
required by subsection 11(1), (7), or (8) is liable for a penalty
equal to double the amount of output tax payable from the
time the person is required to apply for registration until the
person files an application for registration with the
Commissioner.
(2) No penalty is payable under subsection (1)
where the person has been convicted of an offence under
section 66 in respect of the same act or omission, or where an
offence has been compounded under section 79.
(3) If a penalty under subsection (1) has been paid
and the Commissioner institutes a prosecution proceeding
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Civil penalty
for failure to
declare or pay
VAT on import.

under section 66 in respect of the same act or omission, the
Commissioner shall refund the amount of the penalty paid;
and that penalty is not payable unless the prosecution is
withdrawn.
81. (1) A person who fails to furnish any import
declaration within the time required under this Act is liable
for a penalty which is the greater of–
(a) one thousand dollars per day for each
day or part thereof that the import
declaration remains outstanding; or
(b) an amount equal to ten per cent of the
tax payable for the period of such
import declaration, for each month or
part thereof that the import
declaration remains outstanding.
(2) The penalty imposed under subsection (1) shall
not exceed the amount of tax payable in respect of the import
declaration.
(3) A person who fails to pay tax payable on an
import in accordance with section 22 on or before the due
date is liable for a penalty in an amount equal to the greater
of–
(a) one thousand dollars per day for each
day or part thereof that the tax
remains outstanding; or
(b) an amount equal to ten percent of the
tax outstanding, for each month or
part thereof that the tax remains
outstanding.

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Civil penalty
for failure to
file VAT return.

Civil penalty
for failure to
maintain
proper records.

(4) The penalty imposed under subsection (3) shall
not exceed the amount of unpaid tax.
(5) A penalty paid by a person under subsection (3)
shall be refunded to the person to the extent that the tax to
which it relates is subsequently determined not to have been
due and payable.
(6) A penalty imposed under subsection (3) is in
addition to any interest payable under section 27.

82. (1) A person who fails to lodge a return within the
time required under this Act is liable for a penalty, which is
the greater of–
(a) one thousand dollars per day for each
day or part thereof that the return
remains outstanding; or

(b) an amount equal to ten percent of the
tax payable for the period of such
return, for each month or part thereof
that the return remains outstanding.
(2) The penalty imposed under subsection (1) shall
not exceed the amount of tax payable in respect of the return.
(3) No penalty is payable under subsection (1)
where the person has been convicted of an offence under
section 72 in respect of the same act or omission, or an offence
has been compounded under section 79.
83. (1) A person who fails to maintain proper records
in a tax period in accordance with the requirements of section
60 is liable for a penalty of one hundred dollars per day for
each day or portion thereof that the failure continues.

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Civil penalty
for making
false or
misleading
statements.

(2) No penalty is payable under subsection (1)
where the person has been convicted of an offence under
section 73 in respect of the same act or omission, or an offence
has been compounded under section 79.
(3) If a penalty under subsection (1) has been paid
and the Commissioner institutes a prosecution proceeding
under section 73 in respect of the same act or omission, the
Commissioner is required to refund the amount of civil
penalty paid; and that civil penalty is not payable unless the
prosecution is withdrawn.
84. (1) Where a person knowingly or recklessly–
(a) makes a statement to a taxation officer
that is false or misleading in a
material particular; or
(b) omits from a statement made to a
taxation officer any matter or thing
without which the statement is
misleading in a material particular,

and the tax properly payable by the person exceeds the tax
that would be payable if the person were assessed on the
basis that the statement is true, the person is liable for a
penalty equal to an amount determined by the Commissioner.
(2) Section 75(2) applies in determining whether a
person has made a statement to a taxation officer.
(3) No penalty is payable under this section where
the person has been convicted of an offence under section 75
in respect of the same act or omission, or where an offence has
been compounded under section 79.
(4) If a penalty under this section has been paid
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Recovery or
remission of
penalties.

Temporary
closure of
business
premises.
and the Commissioner institutes a prosecution proceeding
under section 75 in respect of the same act or omission, the
Commissioner shall refund the amount of the penalty paid;
and that penalty is not payable unless the prosecution is
withdrawn.
85. (1) Where good cause is shown, in writing, by the
person liable for a civil penalty, the Commissioner may remit
in whole or part any civil penalty payable.
(2) Except as otherwise provided in this Act, the
imposition of a civil penalty is in addition to any fine and
imprisonment imposed as a result of a conviction for an
offence under Division I of Part XIV.
(3) Penalties may be assessed and collected as if the
amount of penalty is tax due under this Act.
(4) A person dissatisfied with a decision of the
Commissioner under subsection (1) may challenge the
decision only under Part X.
86. (1) Where a person repeatedly violates–
(a) section 67 in relation to tax invoices,
(b) section 67 in relation to tax debit notes
or tax credit notes;
(c) section 72 by failing to file returns;

(d) section 68 by falsely claiming tax
refunds;
(e) section 76 by obstructing taxation
officers; or

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VAT
registration
number.
(f) section 22 or 42 by failing to pay tax
when due;
after obtaining an order of a court having jurisdiction in
respect of the person, the Commissioner may forcibly close
one or more business premises of the person for a period of
between three and thirty days.
(2) For purposes of subsection (1), the
Commissioner may use reasonable force and police assistance
necessary to close all or any premises of the person, barring
access with locks, fencing, boarding, or other appropriate
methods.
(3) For purposes of this section, a repeated
violation means a violation that is committed within one year
of receipt by the person of a written warning–
(a) that a violation of such kind has been
committed more than once within the
year preceding the year of the
warning, and
(b) that repetition may result in closure
under this section.
PART XV
MISCELLANEOUS

87. The Commissioner may require a person to
include the Tax Identification Number (TIN) issued to the
person as the VAT registration number issued by the
Commissioner to that person, or may require the use of a
different number as the VAT registration number, in any
return, notice, or other document prescribed or used for the
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Forms and
notices
authentication
of documents.
Services of
notices.

purposes of this Act.
88. (1) Forms, notices, returns, and other documents
prescribed or published by the Commissioner may be in such
form as the Commissioner determines for the efficient
administration of this Act.
(2) The Commissioner is required to make the
documents referred to in subsection (1) available to the
public.
(3) A notice or other document issued, served, or
given by the Commissioner under this Act is sufficiently
authenticated if the name or title of the Commissioner, or
authorised taxation officer, is printed, stamped, or written on
the document.

89. (1) Unless otherwise provided in this Act, a notice
required by this Act to be in writing shall be served on the
recipient of the notice.
(2) A notice mentioned in subsection (1) is
considered sufficiently served–
(a) on a person being an individual other
than in a representative capacity, if it
is–
(i) personally served on that
person;
(ii) left at the person’s usual or last
known place of abode, office, or
place of business in Guyana; or
(iii) sent by registered post to such
place of abode, office, or place
of business, or to the person's
usual or last known address in
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Tax inclusive
pricing.

Guyana; or

(b) on any other person, if it is–
(i) personally served on the
representative of the person;
(ii) left at the registered office of
the person or the person's
address for service of notices
under this Act; or
(iii) where there is no such office or
address, left at or sent by
registered post to an office or
place of business of the person
in Guyana.
90. (1) A price charged by a taxable person in respect
of a taxable supply is deemed to include, for the purposes of
this Act, the tax charged on the supply under section 9(1)(a),
whether or not the taxable person has included tax in such
price.
(2) Subject to subsection (3), a price advertised or
quoted by a taxable person in respect of a taxable supply is
required to include tax and to state in the advertisement or
quotation that tax is included.
(3) A taxable person may advertise or quote a price
in respect of a taxable supply as exclusive of tax provided–
(a) the advertisement or quotation also
states the amount of tax charged on
the supply and the price inclusive of
tax; and
(b) the price inclusive of tax and the price
exclusive of tax are advertised or
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Schemes for
obtaining tax
benefits.

quoted with equal prominence or
impact.
(4) Subject to subsection (5), price tickets on goods
supplied by a taxable person need not state that the price
includes tax if this is stated by way of a notice prominently
displayed at the premises in which the taxable person carries
on a taxable activity, including the places in such premises
where payments are effected.
(5) The Commissioner may in the case of a taxable
person or class of taxable person approve any other method
of displaying prices of goods or services by such persons.

91. (1) In this section–
“scheme” includes an agreement, arrangement, promise, or
undertaking whether express or implied and whether or
not legally enforceable, and a plan, proposal, course of
action, or course of conduct; and
“tax benefit” includes–
(a) a reduction in the liability of a person
to pay value-added tax;
(b) an increase in the entitlement of a
person to a credit or refund;
(c) any postponement of liability for the
payment of value-added tax;
(d) any acceleration of a deduction for
input tax; or
(e) any other avoidance or benefit from
the delay in payment of tax or
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Currency
conversion.
c. 82:01
acceleration of a deduction for input
tax.
(2) Notwithstanding anything in this Act, if the
Commissioner is satisfied that a scheme has been entered into
or carried out where–
(a) a person has obtained a tax benefit in
connection with the scheme in a
manner that constitutes a misuse of
the provisions of this Act; and
(b) having regard to the substance of the
scheme, it would be concluded that
the person, or one of the persons, who
entered into or carried out the scheme
did so for the sole or dominant
purpose of enabling the person to
obtain the tax benefit,
the Commissioner may determine the liability of the person
who has obtained the tax benefit as if the scheme had not
been entered into or carried out, or in such manner as in the
circumstances the Commissioner considers appropriate for
the prevention or reduction of the tax benefit.
92. (1) For the purposes of this Act, all amounts of
money are to be expressed in dollars.
(2) Where an amount is expressed in a currency
other than dollars–
(a) in the case of imports, the amount
shall be converted at the exchang rate
as determined in accordance with
section 22(2)(c) of the Customs Act; or

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Registration of
certain goods
prohibited in
certain
circumstances.
(b) in all other cases, the amount shall be
converted at the exchange rate
applying between the currency and
the dollar at the time the amount is
taken into account under this Act.

93. (1) For purposes of this section, “registering
authority” means a person appointed under a law to issue a
licence, permit, certificate, concession, or other authorisation.
(2) Where a form of registration is required under
a law in respect of goods consisting of an aircraft, boat,
fishing vessel, ship, yacht, motor cycle, motor vehicle, tractor,
caravan, or trailer, hereinafter referred to as “registrable
goods”, no registering authority responsible for such
registration under such law may effect such registration upon
a change of ownership or importation into Guyana of
registrable goods unless the person applying for registration
produces to such registering authority–
(a) in the case of registrable goods that–
(i) form the subject of any supply,
or
(ii) are imported into Guyana,
a document issued by the
Commissioner showing that tax
which is payable under this Act has
been paid in respect of such supply or
importation into Guyana, or a receipt
or certificate showing that no tax is
payable under this Act in respect of
such supply or importation, as the
case may be, of the registrable goods
in consequence of which the
registration is required;
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Auctioneer and
agent.
(b) a declaration, in such form as the
Commissioner may prescribe, issued
by a registered person who, in
carrying on a taxable activity in the
ordinary course of which registrable
goods are dealt in, supplied such
goods in consequence of which the
registration is required, certifying that
the tax payable under this Act has
been, or will be, paid by such person;
or
(c) a certificate issued by the
Commissioner, or other
documentation acceptable to the
Commissioner, to the effect that the
supply or import of the registrable
goods was an exempt supply or
exempt import, as the case may be.

94. (1) Where a taxable supply has been made in
circumstances specified under section 5(1)(a), the agent may
issue a tax invoice in accordance with this Act in relation to
the supply as if the agent had made the supply, in which case
the principal may not also issue a tax invoice in relation to the
supply.
(2) Where a taxable supply has been made in the
circumstances specified under section 5(1)(b), at the request of
the agent, a tax invoice in relation to the supply may be
issued to the agent, in which case the supplier may not issue a
tax invoice to the principal in relation to the supply.
(3) Where tax is payable by an auctioneer in
respect of the supply of goods specified under section 5(3),
the auctioneer is required to charge the purchaser the amount
of tax payable in respect of the sale by adding the tax to the
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Regulations.
amount of a successful bid or, in the case of sales out-of-hand,
to the purchase price, and is required to recover that tax from
the purchaser.
95. (1) The Minister may make regulations–
(a) for matters that under this Act are to
be prescribed by regulations, as
specified in sections 4(13), 9(1), 11(5),
30(2), 35(3), 35(5), 37(1), 49(4), 60(1)(e),
100(12), Schedule II paragraph 2(a),
Schedule II paragraph 2(b), Schedule
IV paragraph 1, or
(b) whether or not to be prescribed by
regulations under this Act, for any
matters necessary or convenient to be
prescribed for the better carrying out
or giving effect to this Act, including
revisions to the Schedules hereto,
and without prejudice to the generality of the foregoing, such
regulations may contain provisions of a saving or transitional
nature consequent on the coming into force of this Act.
(2) Regulations made under this Act may prescribe
specific offences for breach of the regulations, and the
penalties therefor, but such penalties may not exceed a fine of
one hundred thousand dollars and imprisonment for a term
of five years.
(3) Subject to subsection (4), regulations made
under this Act are subject to an affirmative resolution of the
National Assembly.
(4) Regulations pertaining to the description of the
nature and form of filing and documentation requirements,
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Variation of
consideration
on a change in
rate.
including but not limited to those specified in 35(3), 35(5), and
60(1)(e), may be issued by the Minister by way of notice in the
Gazette.
96. (1) Where–
(a) an agreement for a supply of goods or
services by a registered person has
been entered into; and
(b) subsequent to entering into the
agreement, tax is imposed on the
supply or the rate of tax applicable to
the supply is increased,
the supplier may, notwithstanding anything to the contrary in
any agreement or law, recover from the recipient, in addition
to the amounts payable by the recipient, an amount equal to
the amount of tax imposed or the amount by which tax was
increased, as the case may be.
(2) Where–
(a) an agreement for a supply of goods or
services by a registered person has
been entered into; and
(b) subsequent to entering into the
agreement, tax on the supply is
withdrawn or the rate of tax
applicable to the supply is decreased,
the supplier, notwithstanding anything to the contrary in any
agreement or law, is required to reduce the amount payable
by the recipient by an amount equal to the amount of tax
withdrawn or the amount by which tax was decreased, as the
case may be.
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Application of
increased or
reduced rate.

(3) Subject to subsections (4) and (5), where
subsection (1) or (2) applies in respect of a supply of goods or
services subject to any fee, charge, or other amount, whether a
fixed, maximum, or minimum fee, charge, or other amount,
prescribed by, or determined pursuant to, any Act, regulation,
or measure having force of law, that fee, charge, or other
amount may be increased or shall be decreased, as the case
may be, by the amount of tax or additional tax chargeable, or
the amount of tax no longer chargeable.
(4) Subsection (3) does not apply where the fee,
charge, or other amount has been altered in an Act,
regulation, or measure having force of law to take account of
an imposition, increase, decrease, or withdrawal of tax.
(5) Nothing in subsection (3) shall be construed so
as to permit a further increase or require a further decrease, as
the case may be, in a fee, charge, or other amount where the
fee, charge, or other amount is calculated as a percentage or
fraction of another amount which represents the
consideration in money for a taxable supply.

97. (1) Where goods, other than immovable property,
are provided by a supplier before the date on which a change
in the rate of tax levied under section 9(1)(a) becomes effective
in respect of the supply of the goods or the date on which the
tax is imposed or withdrawn in respect of the supply, and the
supply is treated under section 14 as having been made on or
after the said date, then in the case of-
(a) a change in rate on the said date, the
rate of tax applicable to the supply is
the rate applicable immediately
before the said date;
(b) the imposition of tax on the said date,
the supply is treated as not being
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subject to tax; or
(c) the withdrawal of the tax on the said
date, the supply is deemed to be
subject to tax as if the tax had not
been withdrawn.
(2) Where–
(a) services are performed; or
(b) goods, other than immovable
property, are provided in respect of a
successive supply contemplated in
section 14(8) or (9),
during a period beginning and ending before the date on
which a change in the rate of tax levied under section 9(1)(a)
becomes effective in respect of the supply of the goods or the
date on which the tax is imposed or withdrawn in respect of
the supply, and the supply is deemed under section 14 to
have been made on or after the said date, then in the case of–
(c) a change in rate on the said date, the
rate of tax applicable to the supply is
the rate applicable immediately
before the said date;
(d) the imposition of tax on the said date,
the supply is treated as not being
subject to tax; or
(e) the withdrawal of the tax on the said
date, the supply is deemed to be
subject to tax as if the tax had not
been withdrawn.

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(3) Where–

(a) services are performed; or
(b) goods, other than immovable
property, are provided in respect of a
successive supply contemplated in
section 14(8) or (9),
during a period beginning before and ending on or after the
date on which a change in the rate of tax levied under section
9(1)(a) becomes effective in respect of the supply of the goods
or the date on which the tax is imposed or withdrawn in
respect of the supply, and the supply is deemed under
section 14 to have been made on or after the said date, the
value of the supply shall, on the basis of a fair and reasonable
apportionment, be deemed to consist of a part, referred to as
the “first part”, relating to the performance of services or
provision of goods before the said date and a part, referred to
as the “second part”, relating to the performance of services
or provision of goods on or after the said date.
(4) For purposes of subsection (3), in the case of–
(a) a change in the rate on the said date,
the tax payable in respect of the first
part shall be determined at the rate
applicable before the said date and
the tax payable in respect of the
second part shall be determined at the
rate applicable on the said date;
(b) the imposition of tax on the said date,
the first part shall not be subject to
tax; or
(c) the withdrawal of the tax, the first
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part shall be subject to tax as if the tax
had not been withdrawn.
(5) For the purposes of subsections (1), (2), and (3),
goods are deemed to be provided by the supplier of the goods
when the goods are delivered to the recipient and goods
supplied under a rental agreement are deemed to be provided
to the recipient when the recipient takes possession or
occupation of the goods.
(6) Subject to section 100, where, before the date on
which an increase in the rate of tax becomes effective, a
written agreement is concluded for–

(a) the sale of immovable property
consisting of–
(i) a dwelling together with land
on which it is erected, or of any
real right conferring a right of
occupation of a dwelling; or
(ii) land, or of any real right
conferring a right of occupation
of land for the sole or principal
purpose of the erection by or
for the purchaser of a dwelling
or dwellings on the land, as
confirmed by the purchaser in
writing; or
(b) the construction of a new dwelling by
a taxable person carrying on a
construction business; and
(c) the price of the sale or construction in
question was determined and stated
in the agreement which was in
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Orders to
amend
Schedule or
change
amounts.
[6 of 2007]
S.17
[O . 23/2006
3/2007
11/2008]

operation before the said date and
signed by the parties thereto before
that date; and
(d) the supply of such immovable
property or construction services
under the said agreement is deemed
under section 14 to have been made
on or after the said date,
the rate of tax levied under section 9 on that supply shall be
the rate at which tax would have been levied had the supply
taken place on the date on which such agreement was
concluded.
98. (1) The Minister may by order, subject to negative
resolution of the National Assembly, amend Schedules I and
II –
(2) The Minister may by order, subject to
affirmative resolution of the National Assembly–
(a) increase or decrease any monetary
amount set out in this Act.
(b) amend Schedules III, IV and V.
SCHEDULE I
Zero-rated Supplies for Purposes of Section 17

1. In this Schedule–
“educational materials” means –
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(a) (i) printed books, including
children’s picture books,
children’s drawing books,
colouring books, instructional
newspapers or newsletters
marketed to students; and
(ii) academic journals, academic
periodicals and other
educational, academic, or
instructional printed matter,
used for educational, literary
and technical purposes, but not
including magazines, pricelists,
and directories;
(b) school supplies of student-use quality,
including school exercise books,
pencils, and erasers, rulers,
protractors, dividers and compasses
for school use;
“education services” means education and hostel facilities for
students and scholars provided by–
(a) a pre-primary, primary, or secondary
school;
(b) a technical college, community
college, or university; or
(c) an educational institution established
for the promotion of adult education,
vocational training, technical
education, or the education or
training of physically or mentally
handicapped persons.

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“export country” means any country other than Guyana and
includes a place which is not situated in Guyana, but
does not include a specific country or territory that the
President by proclamation in the Gazette designates as
one that is not an export country;
“exported from Guyana”, in relation to any movable goods
supplied by a registered person under a sale or a credit
agreement, means–
(a) consigned or delivered by the
registered person to the recipient at
an address in an export country as
evidenced by documentary proof
acceptable to the Commissioner; or
(b) delivered by the registered person to
the owner or charterer of a foreign-
going aircraft when such aircraft is
going to a destination in an export
country and such goods are for use or
consumption in such aircraft, as the
case may be;
“intellectual property rights” means a patent, design, trade
mark, copyright, know-how, confidential information,
trade secret, or similar rights;
2. Subject to paragraph 3, the following supplies are
specified as zero-rated for the purposes of section 17–
(a) a supply of goods where the supplier
has entered the goods for export,
pursuant to the Customs Act, and the
goods have been exported from
Guyana by the supplier;

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(b) a supply of goods where the
Commissioner is satisfied that the
goods have been exported from
Guyana by the supplier;
(c) a supply of goods where the goods
are not situated in Guyana at the time
of supply and are not to be entered
into Guyana for home consumption
pursuant to the Customs Act by the
supplier of the goods;
(d) a supply of goods under a rental
agreement, charter party, or
agreement for chartering, where the
goods are used exclusively in an
export country;
(e) a supply of goods in the course of
repairing, renovating, modifying, or
treating goods to which sub-
paragraph (h)(ii) or (iv) applies and
the goods supplied–
(i) are wrought into, affixed to,
attached to, or otherwise form
part of those other goods; or

(ii) being consumable goods,
become unusable or worthless
as a direct result of being used
in that repair, renovation,
modification, or treatment
process;
(f) [Deleted by O. 23/2006]

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(g) a supply of services directly in
connection with land, or any
improvement thereto, situated outside
Guyana;
(h) a supply of services directly in respect
of–
(i) movable property situated
outside Guyana at the time the
services are rendered;
(ii) goods temporarily imported
into Guyana under the
exemptions in the Customs Act;
(iii) a supply of goods referred to in
paragraphs (a) or (b) of the
definition of “exported from
Guyana”; or
(iv) the repair, maintenance,
cleaning, or reconditioning of a
foreign-going aircraft;
(i) a supply of services directly to a non-
resident person who is not a taxable
person, otherwise than through an
agent or other person–
(i) comprising the handling,
pilotage, salvage, or towage of
a foreign-going aircraft while
situated in Guyana;
(ii) provided in connection with
the operation or management
of a foreign-going aircraft; or
(iii) comprising the storage, repair,
maintenance, cleaning,
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c. 82:01

management, or arranging the
provision of a container
temporarily imported under
the Customs Act, or the
arranging of such services;
(j) a supply of services to a non-resident
person who is not a taxable person
comprising the arranging for the
person of–
(i) a supply of goods referred to in
paragraphs (a) and (b) of the
definition of “exported from
Guyana”;
(ii) a supply of services to which
sub-paragraph (h)(iv) or
paragraph (i) applies; or
(iii) the transport of goods,
including ancillary transport
services, within Guyana;
(k) a supply of services physically
rendered elsewhere than in Guyana;
(l) a supply of services to a non-resident
person who is outside Guyana at the
time the services are supplied, other
than a supply of services–
(i) directly in connection with
immovable property situated in
Guyana;
(ii) directly in connection with
movable property situated in
Guyana at the time the services
are supplied unless the
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movable property is exported
from Guyana subsequent to the
supply of services;
(iii) comprising the refraining from
undertaking any taxable
activity in Guyana; or
(iv) comprising the tolerating of
another person undertaking
any taxable activity in Guyana;
(m) a supply of services comprising–
(i) the filing, prosecution,
granting, maintenance, transfer,
assignment, licensing, or
enforcement of any intellectual
property rights for use outside
Guyana;
(ii) incidental services necessary
for the supply of services
referred to in sub-paragraph (i);
or
(iii) the acceptance by a person of
an obligation to refrain from
pursuing or exercising in whole
or part any intellectual
property rights for use outside
Guyana;
(n) a supply by a registered person to
another registered person of a taxable
activity, or part of a taxable activity,
as a going concern, provided a notice
in writing signed by the transferor
and transferee is furnished to the
Commissioner within fifteen days
after the supply takes place and such
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c. 56:01

notice includes the details of the
supply;
(o) a supply of water services and
sewerage services provided by
Guyana Water Incorporated and
Kwakwani Utilities Incorporated;
(p) a supply of electricity by a person
authorised under the Electricity Sector
Reform Act;
(q) a supply of-
(i) plain bread made with white or
whole wheat flour, but not
including all other bread such
as French bread, Swiss bread,
and sweet breads;
(ii) raw white or brown rice, but
not including all other rice such
as basmati rice, converted rice,
exotic species of rice, rice
packaged with flavourings, or
rice processed to allow for
quick cooking;
(iii) raw brown sugar;
(iv) cooking oil;
(v) cow’s milk and milk powder,
but not including other milk
such as flavoured milk;
(vi) baby formula, but not including
baby foods;
(vii) fresh fruits, but not including
apples, grapes, dates, prunes,
peaches, plums, strawberries;
(viii) fresh vegetables, including
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c. 82:01
c. 82:01
c. 82:01

onions, garlic, potatoes but not
including olives, carrots,
radishes, broccoli, cauliflower;
(ix) dried split peas, but not
including other dried
leguminous vegetables such as
black eye peas, pigeon peas,
chick peas (garbanzos);
(r) a supply of fertilizers;
(s) a supply of pesticides;
(t) motor vehicles for persons qualifying
for exemption from Custom duties
under section 23 of the Customs Act;
(u) importation of personal effects for re-
migrants who qualify for exemption
from Custom duties under section 23
of the Customs Act;
(v) goods imported for non-commercial
purposes and contained in
passenger’s baggage or imported in
gift parcels sent by air or sea or by
parcel post, of which the CIF value
does not exceed the Guyana dollar
equivalent of US$200.00, subject to the
provisions contained in Annex I in the
First Schedule Part I of the Customs
Act;
(w) goods when imported and
consultancy services, to be supplied to
the State, an agency of the State, or a
local authority and directly
incorporate into a project funded by
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c. 73:02
grants or loans supplied by a foreign
government (or agency of that
government) or a public international
organisation;
(x) goods when imported and works and
consultancy services purchased by a
budget agency named in the schedule
to the Fiscal Management and
Accountability Act.
(y) importation of raw materials to be
used in the production of goods
which will be subsequently exported
by a taxable person who, to the
satisfaction of the Commissioner
General, exports at least 50% of all of
its products;
(z) a supply of goods and services under
an investment agreement entered into
on behalf of the Government with
taxable persons;
(aa) the first import, after the
coming into operation of this
Act, of one of each large capital
item of equipment such as a
bulldozer, excavator, tractor, or
similar heavy duty industrial
machine by a person who
invests in these items,
provided that on the day prior
to the coming into operation of
this Act the import of the item
by the person was subject to
Consumption Tax at a rate of
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zero percent and that the
importation is not subject to an
investment agreement, and
further provided that zero-
rating of subsequent imports of
these items are allowed under
conditions and restrictions that
may be prescribed by the
Minister;
(bb) a supply of locally produced
sand, stone, concrete blocks,
plywood, lumber or similar
materials of a type and quality
used for construction, but not
including items containing
imported materials, except in
the case of concrete blocks and
plywood;
(cc) an importation of motor
vehicles that are at least 4 years
and older from the date of
manufacture;
(dd) a supply of medical services
and prescription drugs, to the
extent provided in regulations
issued by the Minister, and
over the counter drugs, but not
including vitamins, tonics,
energy drinks, food
supplements and similar
products and supplements for
promoting health and
wellbeing;

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c. 82:01
(ee) a supply of education services
and educational materials;
(ff) coins, bank notes and other
monetary instruments
imported by or on behalf of the
Bank of Guyana;
(gg) a supply of sports gear or
sports equipment qualifying for
exemption from Custom duties
under the First Schedule to the
Customs Act;
(hh) the supply of a cup, medal,
shield, or similar trophy,
which is shown to the
satisfaction of the
Commissioner-General not to
be of general utility, not
bearing any advertisement, nor
imported or stocked for the
purpose of trade, imported for
the purpose of bestowal as an
honorary distinction or prize,
and either won abroad or
awarded by a donor resident
abroad;
(ii) a passenger vehicle as shown to
the satisfaction of the
Commissioner-General to have
been won abroad, or bestowed
as an honorary prize to a sports
personality;
(jj) a supply of–
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(i) computers
(ii) computer monitors (of a
kind designed solely to
be used with computers).
Video monitors and
television monitors are
excluded.
(iii) computer printers
(excluding multi-
function printers).
(iv) mouse
(v) keyboards
(vi) all internal components
of the Central Processing
Unit including the
cabinet, internal cd/dvd
writers, motherboards,
video cards, sound cards,
internal power supply,
processors, memories,
internal input/ output
cards.
(vii) routers, switches and
hubs for networking
computers
(viii) toner cartridges and ink
cartridges for computer
printers;
(kk) a supply of prepared poultry
feed, cattle feed, pig feed, and
other prepared animal feed and
ingredients thereof as
determined by the
Commissioner, but not
including pet feed;
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(ll) a supply of outboard motors
not exceeding 75HP;
(mm) a supply of margarine and
other items qualifying under
heading 15:17 of the First
Schedule Part I of the Customs
Act;
(nn) a supply of uncooked birds
eggs, excluding hatching eggs;
(oo) a supply of cooking salt;
(pp) a supply of dried black eye
peas, but not including canned
black eye peas;
(qq) a supply of locally produced
jams, jellies or peanut butter;
(rr) a supply of unflavoured
cracker biscuits, but not
including sweet biscuits;
(ss) a supply of uncooked fresh,
chilled or frozen chicken;
(tt) a supply of locally produced
uncooked fresh, chilled or
frozen pork, beef, shrimp,
mutton, fish and salted fish, but
not including canned products;
(uu) a supply of matches;

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(vv) a supply of preparations for
oral or dental hygiene,
including denture fixative
pastes and powders, and yarn
used to clean between the teeth
(dental floss);
(ww) a supply of toilet or medicated
soap in bars, soap powder and
dish washing liquid;
(xx) a supply of toilet tissue in rolls;
(yy) a supply of sanitary napkins;
(zz) a supply of vegetable seeds
used for gardening purposes.
2A. Subject to paragraph 3, the following supplies are
specified as zero-rated for the purposes of section 17–
(a) a supply of ice for fishing purposes;
(b) a supply of knotted netting of twine,
cordage or rope, made up fishing nets
and other made up nets, of textile
materials;
(c) a supply of fungicide, herbicide,
weedicide for agriculture purposes;
(d) a supply of harrows, cultivators,
scarifiers, ploughs, weeders and hoes;
(e) a supply of machinery used for
preparing animal feeding stuffs;

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(f) a supply of locally produced
garments;
(g) a supply of sewing machines and of
spools, cops, bobbins and other
similar products used therewith;
(h) a supply of sacks and bags of a kind
used for the packaging of goods;
(i) a supply of the services of
transporting passengers or goods by
air from one place in Guyana to
another place in Guyana subject to the
signing of an agreement between the
Government and the supplier of the
service;
(j) a supply of river or land crossing
services subject to the signing of an
agreement between the Government
and the supplier of the service;
(k) a supply of veterinary drugs as
determined by the Commissioner;
(l) a supply of services provided or
spectacles prescribed by an
optometrist in the treatment of the
human eye and visual system;
(m) funeral services;
(n) human remains;
(o) motor vehicles when imported by any
diplomatic mission or consulate or
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diplomats accredited to Guyana who
qualify under the First Schedule Part
III B 2 Item 6 made under the
Customs Act.
(p) a supply of goods or services to or for
use by persons qualifying under the
First Schedule Part III B 2 Item 44 (i)
and (ii) of the Customs Act;
(q) the provision of internet services
subject to the signing of an agreement
between the Government and the
supplier of the service;
(r) a supply of machinery or equipment
for generating electricity from non-
traditional sources (for example, solar
energy, wind mill, bio-gas etc.)
provided that they are solely of a type
used for house hold purposes only;
(s) a supply of -
(i) plain white wheaten or whole
wheat flour, including roti-mix
and self-rising flour but not
including other flour such as
high fibre flour, flour made
from durum wheat and other
exotic flour;
(ii) plain barley flour;
(iii) plain plantain flour;
(iv) oats;
(v) sago;
(vi) dried chick peas, not including
canned chick peas;
(vii) dried kidney beans, not
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including canned kidney beans;
(viii) dried pigeon peas, not
including canned pigeon peas;
(ix) cassava bread;
(x) cassareep;
(xi) cheddar cheese not including
grated, powdered, or single-
sliced cheese;
(xii) farina;
(xiii) locally produced cashew nuts
and peanuts;
(t) a supply of laundry soap;
(u) a supply of locally produced–
(i) bed sheets;
(ii) pillow cases;
(iii) towels;
(iv) rags;
(v) curtains;
(vi) handkerchiefs;
(vii) rugs;
(viii) table covers;
(ix) shelf covers;
(x) mats;
(xi) blankets;
(xii) ribbons;
(v) a supply of diapers;
(w) a supply of toothbrushes;
(x) a supply of kerosene stoves;
(y) a supply of mosquito nets;

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(z) a supply of liquid butane gas;
(aa) a supply of bicycles; excluding
racing bicycles
(bb) a supply of vitamins, minerals
and tonics for medical or health
supplement use excluding
items such as energy drinks
and food supplements
classified under chapter 21 of
the Common External Tariff;
(cc) a supply of wheelchairs;
(dd) a supply of crutches;
(ee) a supply of hearing aids;
(ff) a supply of glucometers
(glucose blood test machines),
needles and glucose blood
strips made for use with such
machines;
(gg) a supply of machinery,
equipment or components used
in the generation of renewable
energy in the agriculture
sector, using agricultural by-
products;
(hh) a supply of paddy;
(ii) a supply of hatching eggs;
(jj) a supply of fish hooks, sheet
lead, fishing floats, cotton and
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s.18
[O.23/2006]
styrofoam for use in the fishing
industry;
(kk) a supply of animal medication
including animal vitamins; or
(ll) a supply of all-terrain vehicles
for use in the mining industry
to the satisfaction of the
Commissioner-General.
3. Paragraph 2 shall not apply in respect of any supply
of goods that have been or will be re-imported into Guyana
by the supplier.
________________
SCHEDULE II
Exempt Supplies for Purposes of Section 18
1. In this Schedule–
“ancillary transport services” means stevedoring services,
lashing and securing services, cargo inspection services,
preparation of customs documentation, container
handling services and storage of transported goods or
goods to be transported;
“export country” means any country other than Guyana and
includes a place which is not situated in Guyana, but
does not include a specific country or territory that the
President by proclamation in the Gazette designates as
one that is not an export country;
“foreign-going aircraft” means an aircraft engaged in the
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transportation for reward of passengers or goods wholly
or mainly on flights between a location or locations in
Guyana and an airport or airports in export countries, or
between airports in export countries;
“international transport services” means–
(a) the services, other than ancillary
transport services, of transporting
passengers or goods by road, rail,
water or air–
(i) from a place outside Guyana to
another place outside Guyana
where the transport or part of
the transport is across the
territory of Guyana;
(ii) from a place outside Guyana to
a place in Guyana; or
(iii) from place in Guyana to a place
outside Guyana;

(b) the services of transporting
passengers from a place in Guyana to
another place in Guyana to the extent
that transport is by aircraft and
constitutes “international carriage” as
defined in Article 3 of the Convention
on International Civil Aviation;
(c) the services, including any ancillary
transport services, of transporting
goods from a place in Guyana to
another place in Guyana to the extent
that those services are supplied by the
same supplier as part of the supply of
services to which paragraph (a)
applies; or
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(d) the services of insuring or the
arranging of the insurance or the
arranging of the transport of
passengers or goods to which
paragraphs (a) to (c) apply.
“residential dwelling” means a building, premises, structure,
or any other place, or any part thereof, used
predominantly as a place of residence or abode of a
natural person or which is intended for use as a place of
residence or abode of a natural person, together with
any appurtenances belonging thereto and enjoyed
therewith, but does not include a hotel, guest house, inn,
or other establishment that in the usual course of
business provides lodging primarily to guests whose
typical stay is less than thirty days.
2. The following supplies are specified as exempt
supplies for the purposes of section 18–
(a) a supply of financial services to the
extent provided in regulations issued
by the Minister;
(b) a supply of international transport
services;
(c) a supply of–
(i) kerosene oil;
(ii) liquid propane gas;
(iii) gasoline; and
(iv) diesel.
(d) a supply of–

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(i) accommodation in a residential
dwelling; or
(ii) leasehold land by way of lease
(not being a grant or sale of the
lease of that land) to the extent
that the subject land is used or
is to be used for the principal
purpose of accommodation in a
residential dwelling erected or
to be erected on that land; or
(e) a supply of any goods or services by
the State, a local authority, or a
charity where the consideration for
the goods or services is nominal in
amount or not intended to recover the
cost of such goods or services.
(f) a supply of all goods and services by
budget agencies named in schedule to
the Fiscal Management and
Accountability Act and by state
agencies that perform regulatory
functions by statute; or
(g) a supply of locally mined raw gold or
diamonds certified by the Guyana
Gold Board, the Geology and Mines
Commission or other approved
authorised dealers in gold and
diamond.
___________________

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Purposes of Sections 28 and 29
Tax Invoices, Tax Credit Notes and Tax Debit Notes for
SCHEDULE III
prominent place;
(a) the words “tax credit note” in a
following particulars–
tax credit note as required by section 29(1) shall contain the
2. Except as the Commissioner may otherwise allow, a
the consideration including tax.
the consideration for the supply, and
(g) the total amount of the tax charged,
or services supplied; and
(f) the quantity or volume of the goods
supplied;
(e) a description of the goods or services
issued;
the date on which the tax invoice is
(d) the individualised serial number and
the supply;
registration number of the recipient of
the name, address, and VAT
(c) for a supply to a registered recipient,
person making the supply;
registration number of the registered
(b) the name, address, and VAT
prominent place;
(a) the words “tax invoice” in a
following particulars–
tax invoice as required by section 28(1) shall contain the
1. Except as the Commissioner may otherwise allow, a
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(b) the name, address, and VAT
registration number of the registered
person making the supply;
(c) the name, address, and VAT
registration number of the recipient of
the supply;
(d) the date on which the tax credit note
was issued;
(e) the value of the supply shown on the
tax invoice, the correct amount of the
value of the supply, the difference
between those two amounts, and the
tax charged that relates to that
difference;
(f) a brief explanation of the
circumstances giving rise to the
issuing of the tax credit note; and
(g) information sufficient to identify the
taxable supply to which the tax credit
note relates.
3. Except as the Commissioner may otherwise allow, a
tax debit note as required by section 29(3) shall contain the
following particulars–
(a) the words “tax debit note” in a
prominent place;
(b) the name, address, and VAT
registration number of the registered
person making the supply;

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(c) the name, address, and VAT
registration number of the recipient of
the supply;
(d) the date on which the tax debit note
was issued;
(e) the value of the supply shown on the
tax invoice, the correct amount of the
value of the supply, the difference
between those two amounts, and the
tax that relates to that difference;
(f) a brief explanation of the
circumstances giving rise to the
issuing of the tax debit note; and
(g) information sufficient to identify the
taxable supply to which the tax debit
note relates.
___________________
SCHEDULE IV
Registration Threshold, Interest Rates and Other Amounts
for Purposes of Sections 11, 27, 28, 35, 36, and 37.
1. For purposes of section 11(1)(a) and (b), the
registration threshold amount is the amount determined in
regulations made under this Act subject to an affirmative
resolution of the National Assembly.
2. For purposes of section 27(1), the interest rate is two
percent per month or part thereof.
3. For purposes of section 28(2), the amount is ten
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thousand dollars.
4. For purposes of section 35(7), the amount is twenty
thousand dollars.
5. For purposes of section 36(1), the interest rate is one
percent simple interest per month or part thereof.
6. For purposes of section 37(1)(d), the amount of tax
is twenty thousand dollars.
___________________

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Reg. 11 of 2005
Citation.
Rate o tax
under section 9
(1) of the Act.
Registration
threshold.
SUBSIDIARY LEGISLATION
_________________
VALUE ADDED TAX REGULATIONS
made under section 95
REGULATION
1. Citation.
2. Rate of tax under section 9(1) of the Act.
3. Registration threshold
4. Criteria for voluntary registration.
5. Sales invoices.
6. Form and manner of filing returns.
7. Credit carry forward and refund claims.
8. Refunds for International Organizations and departing
nonresidents.
9. Recordkeeping requirements.
10. Printing and use of tax invoices.
11. Financial services.
12. Medical services.
1. These Regulations may be cited as the Value-Added
Tax Regulations 2005.
2. The tax imposed under section 9(1) of the Act shall
be at a rate of sixteen percent (16%).
3. For the purposes of section 11(1) (a) and (b) and
Schedule IV, paragraph (1), of the Act the registration
threshold be $10,000,000.00

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Criteria for
voluntary
registration.

4. An approval of an application for voluntary
registration voluntary under section 11(5) of the Act may be
granted by the registration. Commissioner where the
applicant satisfies the following conditions –
(a) that the applicants’ business and
business location are identifiable and
the address and other information of
the applicant or his agent are
provided to the Commissioner’s
satisfaction;
(b) that the applicant demonstrates to the
Commissioner’s satisfaction that the
recordkeeping requirements of
section 60 of the Act have been or are
likely to be met;
(c) that the applicant demonstrates to the
Commissioner's satisfaction an
intention to make taxable supplies.
Where the applicant's business
operations have not yet begun at the
time of application, or if the applicant
has carried on the business for less
than a calendar year, evidence of bank
loans and revenue projections,
contracts or other details of
arrangements to make taxable
supplies, feasibility studies, purchase
of capital equipment, and similar
information may be accepted by the
Commissioner as evidence that the
applicant intends to make taxable
supplies.

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Sales invoices.

Form and
manner of
filing returns.

Credit carry
forward and
refund claims.

5. A sales invoice under section 28 of the Act is a
document executed in the form required by the
Commissioner that includes the following information-
(a) the name, address, and VAT
registration number of the registered
person making the supply;
(b) a description sufficient to identify the
goods supplied or services rendered;
(c) the price of the supply;
(d) the amount of VAT if separately
stated; and
(e) the issue date of the sales invoice.
6. In addition to the information required by section
3l(2)(b) of the Act, a VAT return shall be accompanied with
the documentation determined by the Commissioner and
shall include the following information—
(a) the legal name of the registered
person making the return, and the
registered person's trade name, if
different from the legal name;
(b) the VAT registration number.
7. (1) If a taxpayer in a credit position is entitled to
claim a refund under section 35 of the Act, the claim shall be
submitted in the form and with the documentation
determined by the Commissioner, including the following
information—
(a) the legal name of the registered
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Refunds for
international
organisations
and departing
non-residents.
person making the claim, and the
registered person’s trade name, if
different from the legal name;
(b) the VAT registration number of the
registered person making the supply;
(c) the amount of the refund claimed, the
period or periods in which the credit
arose, the periods, if any, to which the
credit was carried and portions of it
were claimed.
(2) A person who provides false information under
this regulation or regulation 6 or 8 commits an offence and is
liable on summary conviction to a fine of $25000.00 and to
imprisonment for one month.
8. (1) A claim for refund under section 37(1) of the
Act, shall be submitted in the form and with the
documentation determined by the Commissioner and shall
include the following information—
(a) the name of the person making the
claim;
(b) except in the case of claims made
under section 37(1)(d) of the Act, the
taxpayer’s identification number; and
(c) the amount of the refund claimed,
with a list of the eligible supplies and
imports giving rise to the claim, along
with the related sales or tax invoices.
(2) Tax on supplies and imports is refundable under
section 37(1) of the Act only if the supplies and imports are
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related to the basis for the refund claimed under section 37(1)-
(a) In the case of refunds permitted by
section 37(l)(a) of the Act, eligible
supplies and imports that are
customary under law;
(b) In the case of refunds permitted by
section 37(1 )(b) of the Act, eligible
supplies and imports are those
relating to the official purposes of the
diplomatic or consular mission,
including—
(i) office supplies and equipment;
(ii) furniture and equipment for use
on consular or diplomatic
premises;
(iii) official receptions and meals
hosted at hotels and restaurants
with a cost exceeding the
amount specified in Schedule
IV, paragraph (6);
(iv) vehicles and fuel for official
use; and
(v) telephone, electricity, and other
utility services supplied to the
mission’s business premises.
(c) In the case of refunds permitted by
section 37(l)(c) of the Act, eligible
supplies and imports are those
specified in the claimant’s agreement;
(d) In the case of refunds permitted by
section 37(l) (d) of the Act, eligible
supplies of goods to a departing non-
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Recordkeeping
requirements.

resident exporting the goods in
accompanied baggage are supplies of
any goods obtained while in Guyana,
provided that the total tax on the
exported supplies is greater than the
amount specified in Schedule IV,
paragraph (6).
(3) Upon application in the form specified by the
Commissioner, a person entitled to receive refunds under
section 37(1) (a), (b), or (c) of the Act shall be issued a
taxpayer’s identification number for use in making VAT
refund claims. The Minister may, after consultation with the
Commissioner, from time to time publish by notice in the
Gazette names of persons entitled to such refunds.
9. The accounting records relating to taxable activities
carried on in Guyana under section 60(1) of the Act include
the following-
(a) sales invoices issued under section
28(2) of the Act and a record listing
and summarising sales transactions of
less than $10000.00;
(b) a record of supplies taken by the
taxable person for personal use, or
given free of charge for nominal
considerations to other persons;
(c) records listing and summarising cash
receipts and cash payments in respect
of daily transactions;
(d) stock records in respect to opening
and closing stock;

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Printing and
use of tax
invoices.

Financial
services.

(e) purchases and sales ledgers;
(f) income and expense accounts;
(g) till rolls and tapes;
(h) bank statements;
(i) copies of customs import and export
documents;
(j) computer records;
(k) any other records related to the
business including correspondence
and audit reports.
10. In pursuance of the provisions of section 95 of the
Act-
(a)-(c) [deleted by Reg. 13/2006]
(d) invoices which contain particulars of
goods and services, which are exempt
or zero-rated along with taxable
supplies, to show such goods and
services separately on the invoice,
along with a separate total for such
goods and services;
(e) [Deleted by Reg. 13/2006].
11. (1) A supply of financial services is exempt from
tax under Schedule II, paragraph 2(a), whether provided for
explicit or implicit fees.
(2) The financial services exempt under Schedule
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II, paragraph (2) are the following –
(a) granting, negotiating, and dealing
with loans, credit, credit guarantees,
and any surety for money, including
management of loans, credit, or credit
guarantees by the grantor; or
(b) transactions concerning money
(including the exchange of currency),
deposit, savings, and current
accounts, payments, transfers, debts,
cheques, or negotiable instruments,
other than debt collection and
factoring; or
(c) provision of credit under a hire
purchase agreement or sale of goods,
but only if the credit is provided for a
separate charge, and the separate
charge is disclosed to the recipient of
the goods; or
(d) the provision, or transfer of
ownership, of an insurance policy, or
the provision of reinsurance in respect
of any such policy, whether the
services are performed by insurers ,
brokers or insurance agents; or
(e) the management of investment funds,
including transactions involving an
interest in a benefit fund, provident
fund, pension fund, retirement
annuity fund, or preservation fund; or
(f) transactions by issuers, brokers, or
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dealers involving shares, stock,
bonds, and other sureties, but not
including custody services.
(3) In this regulation –
“cheque” includes a postal order, a money order, a traveller’s
cheque, or any order or authorization (whether in
writing, by electronic means, or otherwise) to a financial
institution to credit or debit any account;
“currency” means any banknote or other currency of any
country, other than when used as a collector's piece,
investment article, item of numismatic interest, or
otherwise than as a medium of exchange;
“insurance policy” means insurance cover under a policy
treated as general insurance business or as long-term
insurance business under the Insurance Act;
(4) Financial services that are listed as exempt
under this regulation are exempt, whether rendered by a
registered bank or financial institution or by any other person.
(5) Some services are not exempt under Schedule
II, paragraph 2(a), whether or not they are rendered in
connection with an exempt financial service. They include the
following –
(a) legal, accounting and record package
services, actuarial, notary, and tax
agency services (including advisory
services) when rendered to a supplier
of financial services or to a customer
of that supplier of financial services;
(b) Safe custody for cash, documents, or
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other items;
(c) data processing and payroll services;
(d) debt collection or factoring services;
(e) trustee, financial advisory, and estate
planning services; and
(f) leases, licenses, and similar
arrangements relating to property
other than a financial instrument.
(6) For purposes of sub-regulation (5) of this
regulation, accounting and record package services include a
financial clearing system that may be part of the settlement
process, the posting of financial transactions to customers'
accounts, the maintenance of customers’ accounts, and the
rendering of services ancillary to the services just described.
(7) The mere acquisition of a debt is not a taxable
transaction, including debt acquired by a factor. The services
related to debt recovery, litigation, and the management of
the recovery of the amount due from debtors are taxable,
including sales accounting services under a factoring
arrangement and other services related to factoring.
(8) The exemption for financial services extends to
the premiums for insurance cover under an insurance policy,
but not to broker's fees or commissions charged on the
premium.
(9) The premium on an insurance policy is exempt
only if the premium is charged on a policy issued by a person
who is licensed to issue such policies under the Insurance Act.
(10) An insurance policy does not include
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Medical
services.
insurance cover on a warranty in respect of the quality, fitness
or performance of tangible property.
12. (1) Schedule II, paragraph 2(b) exempts the supply
of prescription drugs and medical services. Medical services
are exempt, whether provided with or without charge and
whether paid for by the patient or resident or any third party,
if the medical services meet two conditions –
(a) they are rendered in a qualified
medical facility or by a qualified
medical practitioner (or under the
supervision of a qualified medical
practitioner), or both, and
(b) they qualify as exempt medical
services in this regulation.
(2) A qualified medical facility is the office of a
qualified medical practitioner. It includes a registered
hospital, maternity home, nursing home, convalescent home,
hospice, clinic or clinical laboratory.
(3) A qualified medical practitioner is a person
who is registered as being qualified under the Medical
Practitioner's Act. Persons qualified to perform medical,
dental, nursing, convalescent, rehabilitation, midwifery, or
paramedical services are deemed to be medical practitioners.
(4) Medical services involve the diagnosis,
treatment, prevention, or amelioration of a disease, including
the promotion of mental health, but do not include services
for cosmetic reasons other than those required in connection
with a disease, trauma, or congenital deformity.
(5) The services provided to a resident or patient
staying in a qualified medical facility are considered medical
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services for purposes of this regulation, including meals and
accommodations, nursing and personal care, and assistance
with daily living activities to meet the needs of the resident or
patient, provided that the purpose of the residency is the
provision of medical services.
(6) The following services are exempt medical
services –
(a) medicines and drugs that are
administered in a hospital or clinic, or
by hospice;
(b) laboratory, x-ray, magnetic resonance
imagery, sonogram, or other imaging
services or other diagnostic services;
(c) medical devices provided as part of
the supply of qualified medical
services;
(d) the use of operating rooms, case
rooms, or anaesthetic facilities,
including necessary equipment or
supplies;
(e) the use of radiotherapy,
physiotherapy, or occupational
therapy facilities in rendering exempt
medical services;
(f) services rendered by the medical
facility staff (including orderlies or
technicians) in connection with
exempt medical services;
(g) dental, periodontal, and endodontal
LAWS OF GUYANA
162 Cap. 81:05 Value-Added Tax
[Subsidiary] Value-Added Tax Regulations
L.R.O. 1/2012
services rendered in connection with a
disease, trauma, or congenital
deformity, but not for general
dentistry or for cosmetic reasons; and
(h) psychoanalytic services.
(7) Medical devices and their components are those
supplied to a resident or patient in a qualified medical facility,
or supplied on prescription in connection with the rendition
of qualified medical services, including—
(a) a respiratory or heart monitor,
dialysis machine, or feeding utensil
for use by an individual with a
disability;
(b) a medical or surgical prosthesis or
orthopaedic aid provided as part of
the rendition of qualified medical
services; and
(c) an item of medical or surgical
equipment sold or rented by a
qualified medical facility or a
qualified medical practitioner to a
patient or resident.
(8) Drugs and medications are prescription drugs
exempt from tax if they are—
(a) prescribed by a doctor for treatment,
prevention, or amelioration of a
disease, including the promotion of
mental health, and
(b) are available only by prescription.