s 39 Interpretation of this Division
39.—(1) In this Division —“new rate” —(a) in relation to a specified change that is a change in tax rate — means the tax rate applicable to the supply on the date of the specified change; (b) in relation to a specified change that results in a supply becoming a standard-rated supply — means the tax rate applicable to the supply on the date of the specified change; and (c) in relation to a specified change that results in a supply ceasing to be a standard-rated supply (other than a supply that after the specified change becomes a supply that is not chargeable to tax) — is zero; “old rate” —(a) in relation to a specified change that is a change in tax rate — means the tax rate applicable to the supply immediately before the date of the specified change; (b) in relation to a specified change that results in a supply (other than a supply that before the specified change is not chargeable to tax) becoming a standard-rated supply — is zero; and (c) in relation to a specified change that results in the supply ceasing to be a standard-rated supply — means the tax rate applicable to the supply immediately before the date of the specified change; “specified change” means any of the following changes:(a) a change in the tax rate; (b) a change in the description of zero-rated supplies; (c) a change in the description of exempt supplies; (d) a change in the types of supplies, or the circumstances in which supplies are made, for the purposes of the Seventh Schedule; (e) a change in the description of any circumstances in section 14(1) or in the Eighth Schedule; “standard-rated supply” means a supply which is chargeable to tax at the tax rate; “tax rate” means the tax rate in force under section 16. (2) For the purposes of this Division, a reference to a supply becoming a standard-rated supply is a reference to any of the following:(a) as a result of a change in the description of supplies —(i) the supply ceases to fall within the description of a zero-rated supply, to become a standard-rated supply; (ii) the supply ceases to fall within the description of an exempt supply, to become a standard-rated supply; or (iii) the supply (not being a standard-rated supply) falls within the description of a Seventh Schedule supply; (b) as a result of a change in the description of any circumstances in section 14(1) or in the Eighth Schedule, the supply falls within the description of a supply that gives rise to a reverse charge supply, and the reference to a supply ceasing to be a standard-rated supply is to be construed accordingly. (3) For the purposes of this Division, a supply spans a specified change if any consideration remains to be paid, or any part of the supply remains to be performed, on or after the date of the specified change. (4) For the purposes of this Division, a supply is not performed, is performed in part or is performed in whole as follows:Type of supply The supply is not performed The supply is performed in part The supply is performed in whole (a) Supply of goods where the goods are to be removed None of the goods are removed Only a part of the goods are removed All the goods are removed (b) Supply of goods where the goods are not to be removed None of the goods are made available to the person to whom they are supplied Only a part of the goods are made available to the person to whom they are supplied All the goods are made available to the person to whom they are supplied (c) Supply of services None of the services to which the supply relates are performed Only a part of the services to which the supply relates are performed All the services to which the supply relates are performed (5) For the purposes of this Division, where a supply is performed in part, the value of the part of the supply performed is the value that, in the opinion of the Comptroller, is reasonably attributable to the part of the supply so performed. (6) In applying this Division to a reverse charge supply —(a) a reference to consideration received is a reference to consideration paid by the recipient of the supply in fact made; (b) a reference to an invoice is a reference to an invoice issued by the person or branch that in fact makes the supply to the recipient; and (c) where a recipient applies section 11C(3) to its reverse charge supplies, a reference to the date on which an invoice is issued in sections 39B and 39C is a reference to the date on which the supply in fact made to the recipient and giving rise to that reverse charge supply is entered into the books of account or other records of the recipient.[Act 35 of 2022 wef 01/01/2023]