Retail VAT Compliance: Leveraging Technology and Market Trends

It is commonly understood that the value to be declared and taken as the basis for determining the tax on the sale of goods or services subject to VAT, even if imported, is the actual amount paid or payable in any form as consideration for the taxable good or service. This value is as recorded in the tax invoice issued by the registered seller to an independent buyer, in accordance with normal business practices. However, in certain cases, the supply value for VAT purposes may be considered the fair market value rather than the actual consideration paid or payable. This may result in tax challenges due to misapplication, potentially subjecting investors to additional penalties that exceed the original tax amount. This impact is particularly significant for retail companies, especially in light of recent technological and economic changes in sales and promotional systems, as well as dealings with related parties.

The Promotional Offers

Promotional offers are those provided under the sales policies used by companies and establishments to encourage customers to prefer their goods or services, enhance loyalty to the brand, and increase sales in line with the nature of each activity. The following are not considered promotional offers:

• Liquidations, including seasonal sales, as decided by the minister.
• Trade discounts under Article 11 of the Executive Regulations of Law 67 of 2016.

Promotional offers in practical or commercial reality take various forms, and the VAT liability mechanism depends on the method by which they are presented.

Tax Impact on Excise Tax

Excise tax is due on the goods and services listed in the accompanying excise upon the first occurrence of their sale or performance or their importation, without prejudice to the application of VAT.

This includes all goods and services in the excise (table I & 2) when disposed of as free goods and services or promotional offers. The value in such cases is determined based on market forces and transaction conditions.

When excise goods are provided as free goods and services or promotional offers, the tax base is determined according to market forces and transaction conditions.

The fair market value must be accurately calculated with reference to the consideration that would be payable for a similar and contemporaneous supply of goods and services freely offered and made between persons who are not related persons to avoid exposing the company to tax risks.

Practical Implications for Retail Companies (Tax Challenges Resulting from Technological and Economic Changes)

Retail companies are among the most affected by VAT due to their constant efforts to incentivize customers to make more purchases in the future, particularly with the development of advanced technological and economic sales methods, as well as competition that did not previously exist. In some cases, a product is described as “free” as a promotional strategy, but it is offered as part of a bundle of other goods or services. For example:

• Selling two identical items with a third item “free,” leading to a tax dispute regarding whether the third “free” item is subject to VAT.
• Issuing points to customers upon purchasing goods and services.
• Granting reward points for referring another customer.
• Offering a discount tied to purchasing a certain quantity or volume of goods or services.
• Selling low-value goods.
• Redeeming a voucher for goods.
• Redeeming points for goods using credit cards without any monetary payment.
• Redeeming points for cash.
• Providing other rewards or exclusive benefits.

The tax treatment of each case depends on the specific details, and suppliers must analyze the appropriate treatment to avoid exposing the company to tax challenges. This is particularly crucial for retail companies with significant VAT exposure, necessitating a thorough understanding to mitigate financial risks and maintain liquidity. Proactive planning, risk forecasting, and implementing effective tax strategies ensure compliance with tax laws while leveraging all applicable tax benefits and incentives.

الختام

The retail sector is one of the most exposed to VAT implications, particularly in light of the economic and technological changes witnessed over recent years, which have influenced tax laws. However, a deep understanding of the nature of the activity, looking at it from all sides at one time, proactive tax planning, and leveraging previous experiences in similar industries ensure increased VAT compliance and stability within the tax environment.

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