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INSTRUCTIONS NO. (8) FOR THE YEAR 2003 CONCERNING THE DETERMINATION OF THE FORM AND LIMITS OF CONTROL OVER THE BUSINESSES WHERE TAXABLE TRANSACTIONS TAKE PLACE AND PREMISES WHERE PRODUCTION OR SUPPLIES ARE SUBJECT TO THE SPECIAL TAX

 

 

Based on the authority vested in me under Article (50) and in pursuance of the provisions of article (31) of the General Sales Tax Law No. (6) for the year 1994, as amended, the following Instructions are to be followed:

 

1)        The form of control over the premises where production is subject to special tax shall be a physical or accounts-based control by a decision made by me.The physical control shall be carried out by a physical presence of the Department’s officers therein as may be required.

 

2)                   The taxable persons governed by this law, other than those whose production is subject to special tax, shall be subject to accounts-based/indirect control save those excluded for special considerations upon recommendations by the Director so that physical control can be applied. This decision shall be notified to the taxpayer in order to abide by the requirements of such control.

 

3)                   The Director may impose a physical control, for period that he sees proper, on the tax payer whose violation of the provisions of Article (18) of this law is established.

 

4)                   A taxpayer who is subject to a physical control shall be required to set up a suitable office to be used by the control officers assigned to him. He shall also be required to make available for them the means which are necessary for the application of the provisions of this Law. 

 

5)         The taxpayer who is subject to physical or indirect control shall comply with the following:

a-To prepare annual inventory takings of the stock and balances of his stores and warehouses as well as retain same for a period of five years from the date of the year in which the inventory taking was made.

 

b-   To notify the Department of the periods of stoppage for any reason whether the stoppage was total or partial within one week of the date of stoppage. 

 

6)        The physical control officers shall be authorized to practice control over the production inputs, premises of

           production and supply of taxable goods, as well as the use and organization of records, entries and forms

           relating thereto. The officials in the premises shall be required to facilitate their assignment.

 

7)       The physical control officer shall be required to comply with the following:

a-Supervise the entry and issue of production inputs or purchases necessary for the exercise of the business activity, utilization and organization of the entries and forms necessary thereto.

b-   Supervise the production process, confirm the volume of daily production vide reports approved by the concerned parties or the authorized person thereof and the control officer.

c-   Supervise and audit the supplies against the invoices or delivery notes, as well as organize the entries and forms necessary thereto.     

 

8)     The Director may authorize any of the Department’s officers to exercise the authorities provided for under

         paragraph (a) of Article (30) of the Law and which pertain to the control over the premises of the taxable

         goods and services.

 

9)   The Department’s officers authorized vide a special search warrant issued by the Director may carry out

       inspection of the production and supply activities in order to ascertain the existence of potential fraud or

       violation of the provisions of this law. They shall have the right to take custody of the records and accounts for

       auditing purposes within a maximum period of six months, and a maximum period of three weeks for goods,

       from the date of which the taxpayer shall have produced all the required documents.

 

    10)   The Director may issue detailed instructions specifying the form and mechanism of control over the production

            and supply premises.

 

   11)     Instructions No. (8) for the year 2001 pertaining to the form and limits of control, and Instructions No.(9) for

             the year 2001 concerning the nomenclature and classification of services shall be hereby repealed.

 

   12)    These Instructions shall be put into operation as of the date of publication thereof in the Official Gazette.

 

                              Minister of Finance  

 
All rights reserved, 2004 Ministry of Finance, Income & Sales Tax Department