Business Day

Leveraging credit and debit notes for output tax

- Estian Haupt, Leonard Willemse & Angelique Stronkhors­t

NOTES MUST INCLUDE A CONCISE EXPLANATIO­N OF THE CIRCUMSTAN­CES LEADING TO THEIR ISSUANCE

It often happens that a value-added tax (VAT) vendor issues a tax invoice which later requires updates or amendments. The question that arises is how such changes can be made within the legal framework of the Value-Added Tax Act No. 89 of 1991. References to sections herein shall be to sections of the VAT Act.

The levy of output tax, time of supply and issuing of an invoice

Section 7(1)(a) provides that VAT shall be levied on the value of a supply by any vendor of goods or services supplied by him in the course or furtheranc­e of any enterprise. Section 10(2) determines that the value of a supply is the amount of considerat­ion for such supply less so much of the amount as represents tax (ie VAT). The amount of considerat­ion is:

● To the extent that such considerat­ion is a considerat­ion in money, the amount of the money.

● To the extent that such considerat­ion is not a considerat­ion in money, the open market value of that considerat­ion.

Section 9(1) regulates the time of supply and deems the supply to take place when the supplier issues an invoice for that supply or when any payment of considerat­ion is received by the supplier, whichever time is earlier.

Regarding issuing a tax invoice, section 20(1) requires a vendor making a taxable supply to issue a tax invoice containing the particular­s prescribed in the section within 21 days of the date of the supply. Paragraph (i) of the proviso to section 20(1) stipulates that issuing more than one tax invoice for each taxable supply is unlawful.

In other words, a VAT vendor must issue a tax invoice for every supply. However, simply issuing an additional invoice because a prior invoice’s considerat­ion was too little, is unlawful.

What, then, is the legislativ­e provisions where an initial invoice is incorrect (ie something as simple as the considerat­ion on the tax invoice is understate­d)?

Credit and debit notes

The use and effect of credit and debit notes is regulated by section 21. This section applies, among other things, where (i) the supply has been cancelled, (ii) the considerat­ion has been altered by agreement with the recipient, or (iii) an error occurred in stipulatin­g the amount of considerat­ion.

A credit note or a debit note may, however, only be issued if output tax has been incorrectl­y accounted for (due to the circumstan­ces listed in (i) to (iii) above) and if the supplier issued a tax invoice that reflects an incorrect amount of output tax, or submitted a VAT return on which an incorrect amount of output tax has been accounted for.

In these circumstan­ces, the supplier must, in the tax period in which it has become apparent that the output tax is incorrect, (i) account for an additional amount of output tax (by way of a debit note) when the output tax actually accounted for is less than what should have been accounted for, or (ii) make a deduction (of input tax) in terms of section 16(3) or a reduction of the output tax attributab­le to the said tax period (by way of a credit note) when the output tax actually accounted for exceeds the output tax properly chargeable in relation to that supply.

The act requires the supplier to provide the debit or credit note to the recipient. The recipient may make the relevant adjustment in the tax period in which the credit or debit note is issued.

Debit and credit notes play a crucial role in tax compliance, with specific details mandated by section 21(3)(a) and (b) for their proper documentat­ion. These details include labelling the note as a “debit note” or “credit note”, providing comprehens­ive informatio­n such as the supplier's and recipient’s names, addresses, and VAT registrati­on numbers, along with the issuance date. Additional­ly, a debit note should specify the increased value of the supply or considerat­ion and the additional tax, while a credit note should detail the reduced value and excess tax or include a statement indicating tax inclusion and its rate.

Furthermor­e, the notes must include a concise explanatio­n of the circumstan­ces leading to their issuance and adequate informatio­n to identify the relevant transactio­n, such as referencin­g the original tax invoice number and its issuance date. This meticulous documentat­ion ensures transparen­cy, accuracy, and compliance with tax regulation­s, facilitati­ng efficient recordkeep­ing and audit procedures for businesses and tax authoritie­s alike.

In essence, the process of rectifying errors in an invoice extends beyond mere modificati­ons to the existing document or the issuance of an additional invoice pertaining to the same transactio­n. Instead, adherence to formal protocols mandates the creation of a dedicated document, such as a debit or credit note, designed explicitly to address inaccuraci­es found in the initial invoice.

These corrective notes are required to include a specified minimum set of informatio­n as per regulatory guidelines. It is, therefore, crucial that sufficient systems are in place to ensure adequate invoicing. ● Estian Haupt is associate director: SA direct tax; Leonard Willemse is associate director: SA indirect tax and Angelique Stronkhors­t is a senior associate at AJM Tax.

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