Article 44 - Payment of Tax on Imports through the Tax Return

A Taxable Person may apply for authorization for the payment of Tax on imports to be made through that Taxable Person's Tax Return, instead of being collected by the Customs Department on importation entry.

An application may only be made to the Authority to be granted authorization where the following applies:

1. the Taxable Person uses a monthly Tax Period and intends to make Imports of Goods on at least a monthly basis,

2. the Taxable Person can evidence that during the most recent twelve-month period, or during all the time the person has been a Taxable Person if less than twelve months, all Tax Returns and payments have been made on time, and all other obligations in respect of VAT have been met,

3. sufficient evidence is provided of the Taxable Person's continuing financial stability.

The Authority may refuse an application, or cancel an existing authorization, in cases where it views there to be a risk that VAT will not be paid, or where the Taxable Person has any outstanding obligations in respect of VAT.

The Authority shall cancel an existing authorization in cases where the Taxable Person is no longer eligible to be granted authorization, or upon request of the Taxable Person.

The Authority shall inform the Taxable Person and the Customs Department in a notification of the approval or refusal of the application, or the cancellation of an existing authorization, and the effective date.

From the effective date of an approved authorization, the Authority is responsible for collection of Tax on imports by an authorized Taxable Person. This responsibility continues until the removal of the authorization for that Taxable Person. The Customs Department shall not collect Tax on any subsequent Imports of Goods by an authorized Taxable Person.

Upon authorization being approved, the Taxable Person must notify the Customs Department of the approval prior to making the next import declaration.

Except as provided in Paragraph 2 of this Article, the Board may specify certain situations in which Taxpayers may defer payment of Tax due on Import to be payable through the Tax Return, and may establish the terms, conditions and procedures necessary for its implementation.^[66]