Home Business Tribunal dismisses property developer’s VAT refund appeal
Business

Tribunal dismisses property developer’s VAT refund appeal

Share
Revenue Appeals Tribunal Eswatini Registrar Nelisiwe Hlophe. (File pic)
Share

MBABANE – The Revenue Appeals Tribunal Eswatini (RATE) has delivered a definitive judgment that serves as a critical interpretive guide for the kingdom’s real estate and construction sectors.

In a case involving one of the nation’s leading property developers and the Eswatini Revenue Service (ERS), the tribunal clarified the mandatory nature of value-added tax (VAT) apportionment when a business engages in ‘mixed supplies.’

The ruling, which centred on a E6.5 million dispute over input tax credits, underscores the strict legal boundaries within which developers must operate when managing projects that span both commercial and residential markets.

The legal battle began following a comprehensive tax compliance audit conducted by the ERS for the tax period spanning January to March 2024.

The appellant, a prominent player in the local property development landscape, had initially declared a VAT refund of E560 948.05.

However, upon verification, the ERS adjusted the claim downward, issuing an assessment that reduced the refund to E220 642.37. The discrepancy – amounting to over E340 000 – stemmed from the treatment of ‘mixed supplies.’

In the world of Eswatini tax law, commercial property leasing is a taxable supply (subject to 15 per cent VAT), whereas residential property leasing is generally an exempt supply. Since the developer was involved in both, the ERS applied the statutory apportionment formula to the developer’s total input tax.

The developer challenged this assessment, specifically arguing that a massive invoice of E6 555 000 (carrying a VAT component of E855 000.00) should have been exempted from the formula.

The developer contended that this specific expenditure was linked 100 per cent to the construction of a commercial shopping centre and should therefore be fully deductible, rather than diluted by the apportionment ratio. The crux of the developer’s argument rested on the ‘direct attribution’ principle. They argued that if a cost can be traced solely to a taxable activity – like a shopping mall – it should not be lumped in with general overheads or residential costs.

They further argued that including this specific invoice in the apportionment calculation resulted in ‘double taxation’ and an unfair financial burden that violated the principle of VAT neutrality.

The developer sought relief under Section 28(10) of the VAT Act of 2011, which allows the commissioner general to authorise an alternative method of calculation if the standard formula does not provide a ‘fair and reasonable’ result.

*Full article available on Pressreader*

 

Share
Written by
Nhlanganiso Mkhonta

Nhlanganiso Mkhonta serves as Business Editor at the Times of Eswatini. He reports on business, economics, finance, investment, entrepreneurship and public policy, producing insightful coverage and analysis of the issues driving Eswatini’s economy and the wider African business environment.

Leave a comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Don't Miss

Chief Justice Bheki Maphalala passes on

MBABANE- Chief Justice Bheki Maphalala has died, according to reports emerging on Thursday. Maphalala is reported to have passed away while receiving treatment...

Thousands flock to Shiselweni for Umhlanga second leg

MANZINI – Thousands of Imbali yesterday descended on the Mbangweni Royal Residence in the Shiselweni Region, marking the beginning of the second leg...

Maidens thrilled as His Majesty the King appreciates them

MBANGWENI – Imbali was overjoyed when His Majesty King Mswati III appreciated her during the ongoing annual Umhlanga Ceremony at Mbangweni Royal Residence....

Schools open as scheduled – PS

MBABANE –Principal Secretary in the Ministry of Education and Training, Nanikie Mnisi, has affirmed that schools will reopen as scheduled in accordance with...

E50 000 bail for couple in E2.3 million theft case

MBABANE - A former chief clerk and her husband, implicated in the alleged theft of E2.3 million from Pick Yours Supermarket in Buhleni,...

Related Articles

E8m retail threshold puts shops in emaSwati’s hands

MBABANE - All retail operations with an annual turnover below E8 million...

FNB Eswatini earnings fall 3% despite income growth

MBABANE - FNB Eswatini’s profit before tax declined by 3 per cent...

New COMESA rules reshape regional competition landscape

MBABANE - The new COMESA Competition and Consumer Protection Regulations, 2025, introduce...

Revenue Tribunal targets efficiency as appeals rise

MBABANE – The Revenue Appeals Tribunal Eswatini (RATE) has pledged to strengthen...