To
Incorporate Or Not To Incorporate That Is The Question
Section 15 (2) of the Value Added Tax Act was
amended on 29 June 1998. This could have far reaching consequences for dentists who
are contemplating incorporating their dental practices.
The South African VAT is an invoiced based tax (ie VAT payable on
invoice) . However, a concession was made so that any vendor whose annual turnover
did not exceed R2,5 million could elect to account for VAT on the payment
basis (when payment is received). This concession was to give
effect to the fact that smaller businesses often do not maintain sufficient accounting
records to enable them, on a two-monthly basis, to bring debtors and creditors into
account as is required on the invoiced basis.
A vendor who accounts for VAT on the invoice basis, accounts for output tax (VAT
received) and claims VAT as input tax (VAT paid) upon the earlier of the two
circumstances:-
- issuing of an invoice or the receipt; or
- making of any payment.
A vendor who accounts for VAT on the payments basis on the other hand only
accounts for output tax (VAT received) and claims VAT as input tax (VAT paid) once
payment has been made.
The South African Revenue Services believe this reason is not entirely valid as far as
companies (which includes incorporated practices) and close corporations are
concerned, as they are required, in terms of other legislation, to keep proper accounting
records.
With effect from 29 June 1998 companies (which includes incorporated practices of
dentists), close corporations and trusts, can no longer account for VAT on this basis and
will therefore have to change to the invoice basis. Only natural persons and
unincorporated bodies (eg partnerships) consisting of natural persons whose turnover is less
than R2.5 million per annum can continue to account for VAT on the payment basis.
The Cash-Flow Problem
When a vendor changes over to the invoice basis he/she has to pay over
the net amount of VAT due in respect of outstanding debtors less input tax (VAT paid)
included in creditors and not yet claimed. This will generally result in more output tax
(VAT received) payable. In order to avoid or alleviate cash flow problems the additional
tax due as a result of this amendment can be paid in three equal instalments
over a number of tax periods. The last tax period will be February 1999.
Please consult your accountants and examine the implications of the above before
embarking on the route of incorporating your practice.
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