83.In this Act, unless the context otherwise requires-"Assessor" means an Assessor or Senior Assessor appointed under the Inland Revenue Act, No 38 of 2000 ; "associated persons" means-
| (a) any two or more companies which consist of the same shareholders or are managed and controlled by the same Directors ; or |
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| (b) any company and any share holder where such share holder or the spouse or child of such shareholder or any trustee of such shareholder or any trustee of the spouse or the child of such shareholder hold jointly or severally twenty five per centum or more of the paid up capital or twenty five per centum or more of the nominal value of the alloted shares of that company ; or |
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| (c) any two individuals one of whom is the spouse or child of the other or is a trustee for such spouse or child; or |
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| (d) a partnership and an individual vihare such individual is related to any partner of such partnership ; or |
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| (e) a joint venture and any person who is related to a member of such joint venture ; or |
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| (f) any two persons one of whom is a trustee for the other ; |
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| (g)any two individuals related to each other ; or |
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| (h)any two or more persons carrying on any activity separately or jointly which has resulted in the supply of identical goods or services which cannot be produced by any other person or persons. |
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"authorized representative' shall have the meaning assigned to it by the Inland Revenue Act, No. 38 of 2000, "body of persons" means any body corporate or unincorporate, provincial Council, local authority, any fraternity, fellowship, association or society of persons, whether corporate or unincorporate, any partnership, and includes any Government department or any undertaking of the Government of Sri Lanka or any Co-ownership of immovable property ; "books " shall not include diaries, cheque books, exercise books or ledger books ; "Commissioner-General" means the Commissioner-General of Inland Revenue appointed under the Inland Revenue Act, No. 38 of 2000 and includes a Commissioner, and a Deputy Commissioner specially authorized by the Commissioner-General either generally or for a specific purpose to act on behalf of the Commissioner-General : "Commissioner" means a Commissioner of Inland Revenue appointed under the Inland Revenue Act, No. 38 of 2000. "Company" means any company incorporated or registered under any law in force in Sri Lanka or elsewhere : "customs bonded area" means -
| (a) a bonded warehouse approved under section 69 of Customs Ordinance ; |
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| (b)a bonded warehouse approved under section 84A of Customs Ordinance; |
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| (c)a warehouse of the Republic as defined in section 167 of Customs Ordinance ; |
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| (d)a Free Trade Zone declared by the Board of Investment of Sri Lanka which is subject to monitoring by the Department of Customs. |
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"construction contractor or sub contractor" means any person who has entered into a contract with another person and provide services in Sri Lanka in constructing of a building, road, bridge, water supply systems, drainage systems, sewerage systems, electricity generation or transmission system or any other infrastructure for that other person. "Director" means a director as defined in the Companies Act, No 17 of 1982 and includes a working director ; "Deputy Commissioner' means a Deputy Commissioner of Inland Revenue appointed under the Inland Revenue Act. No 38 of 2000 , "educational establishment" means -
| (a) a highest educational institution established under the Universities Act, No 16 of 1978 or the Buddhist and Pali University Act, No 74 of 1981. |
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| (b) any recognized institution providing vocational training or naming for persons engaged in any trade, profession, or employment and includes an incorporated examination body ; |
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"educational services" means the provision of services by any educational establishment in relation to education, vocational training or retraining. "executor" includes an administrator ; "goods" means all kinds of movable or immovable property but does not include money , "incapacitated person" means any minor, lunatic, idiot or person of unsound mind , "importation" includes the bringing into Sri Lanka of goods from outside Sri Lanka by any person or goods received from a custom bonded area the purchase of goods on a sale by the Director-General of Customs, the Sri Lanka Ports Authority or the Commissioner -General for the levy of the tax and other dues "input tax" in relation to a registered person, means-
| (a)the tax charged by another registered person on any goods or services to be used by such registered person in carrying on or carrying out a taxable activity ; |
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| (b)the tax paid by him or tax deferred under the proviso to subsection (3) of section 2, on the importation or purchase of goods or purchase of services which are used by such person for the purpose of making taxable supplies under this Act or Goods and Services Tax Act No. 34 of 1996. |
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"international transportation" means any service directly related to the transportation of goods or passengers
| (a) from a place in Sri Lanka to a place out side Sri Lanka |
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| (b)from a place outside Sri Lanka to a place in Sri Lanka up to the point of landing unless such services are carried out under a specified carriage contract according to the Documents of carriage issued by a freight forwarder who is registered with the Central Bank of Sri Lanka |
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| (c) from a place outside Sri Lanka to another place outside Sri Lanka |
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"manufacture" means the making of an article, the assembling or joining of an article by whatever process, adapting for sale any article packaging bottling, putting into boxes,cutting,cleaning polishing wrapping labeling or in any other way preparing an article for sale other than in a wholesale or retail activity; "'output tax " in relation to any registered person means the tax chargeable in respect of the supply of goods and services made or deemed to be made by such person under this Act or Goods and Services Tax Act No 34 of 1996 "open market value" in relation to-the value of a supply of goods or services at any date means, the consideration in money less any tax charged under this Act, which a similar supply would generally fetch if supplied in similar circumstance at that date in Sri Lanka, being a supply freely offered and made between persons who are not associated persons. "person" includes a company, or body of persons; "prescribed" means prescribed by regulations made under this Act; "standard rate" means the rate specified under subsection (1) of section 2, applicable to the supply of taxable goods and services other than such supplies of goods and services and imports specified in the second schedule ; "supply of goods" means the passing of exclusive ownership of goods to another as the owner of such goods or under the authority of any written law and includes the sale of goods by public auction, the transfer of goods under a hire purchase agreement, the sale of goods in satisfaction of a debt and transfer of goods from a taxable activity to a non-taxable activity. "supply of services" means any supply which is not a supply of goods which includes any loss incurred in taxable activity for which an indemnity is due. "supplier", in relation to any supply of goods and services, means the person making the supply ; "taxable period" means-
| (a) a period of one month:-
| | (i)where the value of taxable supplies of any person has exceeded thirty million rupees during the preceding twelve months; or where the value of taxable supplies of any person for the period of the succeeding twelve month is estimated to exceed thirty million rupees ; or | | |
| | (ii)where any person makes zero rated supplies ; | | |
| | (iii)where any person has entered into an agreement with the Board of Investment of Sri Lanka referred to in items (XXVII) or (XXVIII) of the Schedule to the Goods and Services Tax Act, No. 34 of 1996 prior to April 1,2001,during the project implementation period ; | | |
| | (iv)where any person has commenced a business or started a project and undertakes to comply with the requirements of subsection (6) of section 22 under this Act or Goods and Services Tax Act, No. 34 of 1996. | | |
| | (v)where any person has entered into any such agreement with the Board of Investment of Sri Lanka, as referred to in item (XXVIII) of the Schedule to the Goods and Services Tax Act, No. 34 of 1996 and such person could not commence making taxable supplies under the project with the agreement relates, by March 31, 2001. | | |
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| (b)a period of three months commencing respectively on the first day of January, the first day of April, the first day of July and the first day of October of each year in respect of a registered person whom is not referred to in paragraph (a) or who opts to submit quarterly returns on the approval by the Commissioner-General. |
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"taxable activity" means-
| (a)any activity carried on as a business, trade, profession or vocation other than in the course of employment or every adventure or concern in the nature of a trade |
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| (b)the provision of facilities to its members or others for a consideration and the payment of subscription in the case of a club, association or organisation; |
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| (c)anything done in connection with the commencement or cessation of any activity or provision of facility referred to in (a) or (b) ; |
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| (d)the hiring or leasing of any movable property or the renting or leasing of immovable property or the administration of any property ; |
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| (e)the exploitation of any intangible property such as patents, copyrights or other similar assets where such asset is registered in Sri Lanka or the owner of such asset is domiciled in Sri Lanka. |
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"taxable supply" means any supply of goods or services made or deemed to be made in Sri Lanka which is chargeable with tax under this Act and includes a supply charged at the rate of zero percent other than an exempt supply. |
Sri Lanka Consolidated Acts