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Every human being has two options, to complain or not. Complaining is perhaps the easiest thing we can do besides breathing – it takes little effort and can be communicated in diverse ways, including loud or silent responses to situations. It is normally perfected in children.

As we mature, we may learn to: (i) examine situations, (ii) define problems, and (iii) design solutions. We may also obtain the resources needed to fund the solutions and gain the courage to implement them. We should be modelling this pattern of behaviour to benefit the next generation.

OBTAINING AUTHORITY.

Where we are forbidden from implementing a solution to a problem, we should share the solution with those who may implement it. If they choose to allow the problem to grow out of control and harm people, then an interim solution may be to obtain the authority to solve the problem.

In our democratic system of government, the only way to obtain the authority to solve national problems is to compete with other political parties for votes to manage the national economy every five years. Once the people have made their decision, it should be accepted – without complaint.

THE VAT PROBLEM.

The Value Added Tax (VAT) is perhaps the most unfair and harmful tax ever conceived. It has been adjusted several times because of its unfairness, but it continues to be unfair and harmful.

Perhaps the most harmful part of the VAT is the mandate to pay it when an invoice is issued, rather than when payment is received. The VAT Act (CAP 87), Section 16.1 states:

“(1) Except as otherwise provided in this Act, a supply of goods or services takes place for the purposes of this Act when: (a) an invoice for the supply is issued by the supplier; (b) payment is received for the supply; or (c) the goods are made available to the recipient or the services are performed, as the case may be, WHICHEVER IS THE EARLIEST.” (Emphasis mine)

MERCHANTS.

This method of paying taxes is easy for merchants whose transactions occur over the counter – customers pay first and then take possession of the product. The merchants then take the VAT portion from what they are paid and pay the tax when it is due.

For those in services who invoice their Clients monthly, payment may come several months after an invoice is issued for services already rendered. An example from construction services may be instructive.

CONTRACTORS.

A Contractor working on a $12M project may invoice a Client for $1M every month for 12 months. However, he may receive his first payment seven months after submitting his first invoice. Every time he sends an invoice, he must find $175,000 to pay VAT, even though his Client has not yet paid him.

After 6 months, he must pay over $1M in VAT, using his own resources. Clearly this is both harmful and not fair to such service providers.

A SOLUTION.

Since the VAT was implemented in 1997, I have suggested to the authorities that when the Government is the Client, a supply of goods and services should only be recognised under Section 16 when payment is made, given the history of Government paying late.

After almost two decades of active lobbying for fair solutions in the public’s interest, I tried to obtain authority from the public to make those changes – to benefit the public. The voting public repeatedly made their decision. So, we must learn to accept unfair and unjust national policies without complaining, knowing that a better life follows this one.

Grenville Phillips II is a Doctor of Engineering and a Chartered Structural Engineer. He can be reached at NextParty246@gmail.com

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70 responses to “A Better Life”


  1. Vat is by far the fairest tax on earth. It captures ALL that consume product and is the only GUARANTEED form of trapping some who don’t pay a blind cent in personal income tax in the tax net.

    Secondly what you are proposing will never be accepted any where in the world, as you are asking government to share part of your bad debt and uncollected receivables. What’s next are you going to go to customs and ask for duty credit on items you did not get paid for? Should Massy or Carlton now go to the vat office and customs and apply for a credit on duty and vat for expired goods they imported 2 years ago that didn’t sell? Finally have you ever heard of the word ” proforma invoice ” if so learn to use them.

    What you are suggesting is not only unworkable but shifts your responsibilities of running your company over to the state, hence asking them to be a partner in your bad debt allocation and sloppy collection practices. I personally would increase vat to 22% and cancel personal income tax. There is therefore nothing wrong with clause 16.1 because the principle behind it speaks to a globally used and accepted approach. Whether is VAT or sales tax in the USA the idea is the same.

  2. BAJAN IN EXILE Avatar
    BAJAN IN EXILE

    Well y’all are making it very clear that you have NO interest in what the Honourable Grenville Phillips has to say. A man who could have made a substantial difference to your lives in 2018,

    No you prefer what you have now.

    Well as you have sown so shall you reap – mark my words.

    I am so sorry Mr. Phillips that I am the only person that appreciates what you have to say but better days ARE COMING and we don’t necessarily have to wait until eternity to see justice meted out.

  3. BAJAN IN EXILE Avatar
    BAJAN IN EXILE

    JOHN A:

    My comment must have been posted almost at the same time as yours.

    Not long from now you are going to see phenomenal changes in this world which will vindicate Mr. Phillips and put what you are saying where it belongs:

    In the dustbin.

    Have a good day Sir.


  4. @John A

    What Grenville is pointing out is that for large projects a large cash flow has to be sourced by the service provider.


  5. @ David

    Would Grenville prefer then that we move the base import duty from 20 to 37.5% where there is no form of refund? Secondly does Grenville not know that most of these large projects come with what we call “exemptions?”

    In the UK they use practically the exact VAT system as we do. The USA and Canada have a final sales tax at register. These are NON refundable taxes that consumers pay. They are so many ways to legally work with the VAT system that DOES NOT encur cash flow problems. I suggest Grenville speaks to any lawyer that does large commercial work or an accountant before he comes here typing nonsense.

    If these contractors et al have no knowledge of application then they ALL need to pay an accountant and a commercial attorney to sit them down and teach them a thing or two. Don’t come here criticising what they don’t understand. Vat properly used can actually improve cash flow not hamper it.

    Anyhow I don’t work for free so unless them want my account number I done there. Lol


  6. @ David

    Another thing too most large contractors have bonded warehouses or can apply for 1 via the Comptroller of Customs. With one of those the shipment enters the warehouse and ONLY pays duty and VAT when these items are removed from said warehouses. All car dealers, many retailers, food distributors, hardwares etc all use this facility made available by by the state.

    Look you know when I got to cuss the system my mouth ain’t got no lid. But I do not favour no party nor do I criticise a party for the sake of political yardfowlism. The only thing I would say the VAT office needs to improve is their collections. They need to make use of of the private collection agencies going forward.


  7. @John A

    Thought the exemption was only triggered if supplier can prove financial hardship.


  8. @ David

    No the system has provision in it for ANY company to apply to the Comptroller for a bonded warehouse. A bond is then established based on the average inventory in the warehouse and from there the client can move inventory out and pay the duty on what he moves out, providing that the units being moved out are removed based on the bonded factors.

    So let’s say you bonded liquor by the case of 12 bottles you can not move it out by the bottle. So it’s units in vs unit outs with the balance of inventory held in the bond. Now this bond (unlike the fishing boats) must be fully insured. In the event of total destruction by fire say, the insurance company then pays customs the value of the bond. This being the duty and vat on the goods destroyed.


  9. @John A

    So what is Grenville complaining about, is he saying services of a contractor cannot be bonded? Are you saying in his circumstances he has to apply for an exemption?


  10. We have great interest in what Grenville Phillips has to say……about engineering. I thanked him just this week for making it known that there is a Caribbean building code which is designed to withstand hurricanes up to category 5 and earthquakes up to 7 point something or other in magnitude. Most welcome too were his tips on making our roofs more hurricane resistant.

    HOWEVER…. on VAT and other such matters, I would trust John A’s knowledge over Grenville’s any day of the week. Perhaps he should have sought his father’s counsel.

    Grenville may indeed be honorable, but he is not infallible.

    Is he a prophet that we should heed every word that proceedeth from his mouth as if coming from God?

    I would have loved to vote for Grenville in 2018, but honorable though I believe him to be, on certain crucial matters, he is almost childlike in his analysis.

    A pity!


  11. @ David

    Grenville is not a contractor he is a service provider. He is no different to an account or lawyer in other words. He provides a service that is vatable. What his clients need to do, is speak to their accountant. In other words Grenville can speak to his own concerns but don’t try to swing from the coat tails of your clients.

    Mind you I have never heard a VAT registered contractor or developer complain about the system because they all know they can claim the full import vat they pay on materials and inputs. They also know they can bill the developer for the VAT on the finished commercial projects too. Now before Grenville flies up and says VAT hurting the small home owner, let me relieve his sleepless night by saying a contractor by law CAN NOT CHARGE VAT TO A PRIVATE HOME OWNER ON TOP OF THE FINISHED PRICE ON A DOMESTIC DWELLING.

    Look a while back both Artax and Myself had to correct Grenville about several misconceptions he had about VAT. Clearly he has not used his time since then to study the VAT system but, is instead trying to play politics with it yet again today.


  12. @ David

    From what I understand Grenville is a good engineer. That does not make him an accountant or tax adviser. I have read a few medical articles but when I sick I take my old ass to a doctor! What he needs to do is stick to commenting on his profession and don’t come here playing politics with the VAT system. Is it perfect? Of course not, nothing is perfect but it is a consumption based form of tax. So you and I have to decide if we want the 70 inch TV or not, or if we want champagne instead of wine for example, but we don’t HAVE to buy either. Income tax on the other hand is a source based tax on earnings. So you don’t have a choice you GOT to pay it.

    VAT therefore is the ONLY state tax that you and I can decide if we want to pay it or not. Leave the item on the shelf and we pay no vat on it. Also remember there is a considerable list of tax exempt consumables as well in the act. Plus use you dam head, if you don’t want to pay vat on vegetables go in the market.


  13. @ John A

    You are correct.

  14. NorthernObserver Avatar
    NorthernObserver

    @JohnA
    None of this is new, for GPII has a few Knoxian tendencies, when he makes a conclusion, that is it. Minimal flexibility. When he told readers years back of the rigour his proposals had undergone, we smiled. Wondering exactly who, and how many had been consulted.
    Mind you the construction industry is a special animal, with some of the worst business practices known.
    Yet the overall impact of his proposals on public finances will not be good. And they were accompanied by, if you do not follow the rules the penalty will be 10x the offense (or similar). Another of his hallmarks.
    Sadly, many of his approaches raise red flags, which annul his several positive qualities.


  15. @ Northern

    I have no problem with someone having an opinion but do not come out and state as fact a bunch of “concerns” about VAT that don’t exist.

    The one issue I have with VAT is that BRA does not seem to have the strength to pursue their receivables quickly. Had they of brought in private debt collectors years ago, there would have been no need to write off $500 million in Vat Receivables. It’s is better to pay a debt collector 20% of what he collects and keep 75 percent than lose 100% of the receivable.


  16. @John A

    What about the system facilitating offset?


  17. @ David

    That is definitely another area that requires urgent attention. However, I believe it is an internal issue.

    Knowing someone in the BRA is an advantage.


  18. @Artax

    Is it correct to say that a primary reason BRA was introduced was to centralize the tax system and make management of it efficient?


  19. David every VAT period is 2 months due the 21st of the 3rd month. so lets say a VAT period for a company is January and February, then any surplus vat collected by that entity must be paid in not later than March 21st.

    So to keep it simple you have 2 columns, one is VAT paid for January and February and the other is Vat collected on revenue for January and February. So if you collected on revenue more Vat than you paid out on your imports, light bill, gas for vehicles etc, then the surplus Vat is paid to BRA. So yes you can claim all your vat on expenses and imports off the vat you collect on revenue and ONLY PAY IN TO BRA the net surplus. If on the other hand you have collected less vat on revenue than you paid on expenses and imports, then you can claim from BRA the difference. In most cases companies owe BRA at the end of each period though. Those that find themselves making a claim are in the minority, or BRA would not collect such large amounts in VAT.

    So referring to Grenvilles claim that a client collects 1 million dollars a month in sales and has to pay in VAT of $175,000 a month, means that client has zero expenses with vat on them in any month. He has no light bill, imports no materials, does not even put gas in a vehicle or even rents a container or cement mixer! His project is being built therefore without spending a cent. He simply sits and creates a bill for 1 million dollars a month with zero expenses and is VAT registered. A beg yuh tell me what that business is and let me get in it please LOL. Plus if by some miracle that could happen and i was them, I would pay the 17.5% in revue on the million and tell Mia thanks for the $825,000 I left with!

    fact vs Fiction once again.


  20. @ David

    You are correct.

    During the initial stages of the BRA, taxpayers would’ve encountered difficulties because several of the former Inland Revenue employees chose to be transferred to other government departments, rather than work with the new entity.
    This meant having to deal with new personnel who were not familiar with the tax system.

    For example, I remember going to the BRA to ask about online filing for partnerships because there wasn’t a provision in TAMIS for such filing at that time.
    The customer service told me she does not know what I’m talking about because there wasn’t anything called ‘partnerships.’

    What I can say is, customer service has improved.

    However, Dr. Phillips II has been misinforming BU about taxes and VAT in particular, which John A sought to explain in his contributions to this thread.

    Clearly taxation is not his area of expertise, and perhaps he should ‘stick’ to engineering.


  21. Bushie knows very little about BRA and taxes – and as an unemployed ‘semi-parro’, cares even less…
    However what the Bushman understood from the article was a situation where a contractor (or an event organizer) invoices a client (in order to initiate payment) and is immediately LIABLE for the vat component to BRA.
    Unfortunately, the client may well settle that invoice much LATER, So then that contractor would need a huge available fund in order to be compliant with BRA – until the ACTUAL settlement of the invoice.

    Apart from Grenville himself, MalMoney, and a few others, this can be a serious challenge for potential contractors, resulting in only ALREADY rich contractors being kosher.

    He is therefore just really suggesting that the associated VAT only becomes payable on RECEIPT of client payment… RATHER than on initial issue of an invoice….. not so..?

    ….but note that Bushie don’t know one shiite about it, LOL …. just trying to follow John A’s interpretation of Grenville’s concern.

    Did we not see a similar complaint from event managers who are liable for VAT payments upon ISSUE of tickets – as opposed to on the collection of funds?


  22. Bush Tea, I did waiting on you. I surprise you took so long and didn’t say Grenville is a professional scientist and problem solver and that you would listen to Ninja Man before a typical shiite accountant … far less to a “Barbados scholar level” enginee with PhD.


  23. I think Northern Observer has summed up well, why voting for Grenville was not an option for many of us, though we were hopeful at first that it would be.

    It’s been fifteen years since I filed VAT documents and I en sprainin’ my poor brain with these details. I trust Artax and John A to get them right.


  24. @ Bush

    The issue with the party promoters was addressed a few years back. Back then BRA wanted to charge the guys on the tickets printed and not the ones sold. That was sorted out though.


  25. Ok Thanks @John A.

    @ Kermit
    LOL
    Dat did not come to mind, …BUT if you want Bushie’s TRUE opinion, it is not accountants that wallow in shaving cream..

    THAT species is called ‘economists’ (whatever the Hell those are…)
    LOL
    ha ha ha


  26. @ Bush

    So your point about cash flow is a concern but you have to remember a few things.

    If I invoice you on January 4th I do not have to pay the vat until March 21st.

    Secondly what alot of companies do that deal in large amounts is they provide the client with a proforma invoice and on payment then issue the final invoice. They are legal ways to address this concern if you know how the system works. I personally find VAT a very fair tax as I have the choice as a consumer to buy it or leave it. Problem is they are a lot of misconceptions about VAT made both in error and deliberately by persons.

  27. NorthernObserver Avatar
    NorthernObserver

    Bushie
    You sound like me and the holy Scriptures where you suspect I might know more than I admit.
    It isn’t that GPs point w.r.t to contracting and possibly one or two other endeavours doesn’t have some validity, it is he is going to pelt out all, rather than addressing problem areas.
    I understand that many suppliers still have the QEH and TB on C.O.D. Credit is a privilege, and when you abuse it, as they did, you lose it.
    Consumption taxes work to Governments benefit. No need to toss away something that works.


  28. @Grenville “However, he may receive his first payment seven months after submitting his first invoice.”

    ONE: How can a business be successful if the service providers tolerate payments as much as 7 months late?

    TWO: I’ve had professionals lawyers, medical specialists, building contractors provide services for me and none have ever permitted me to pay 7 months late. In fact most expect payment, or a significant deposit upfront, and full payment on the day that the service is delivered.

    THREE: As a tax payer I don’t want to be ‘on the hook’ for businesses that are lax in their collections…because they may become even more lax.

    I don’t take hairdressing advice from my Barbados scholar doctor. Because he knows nothing about hairdressing.

    I won’t take tax advice from an engineer either. I would take tax advice from Grenville’s dad however.


  29. John A:

    I am no tax expert. But I have a lot of experience paying VAT and other taxes. I can recognise when the taxes I pay are fair and unfair. VAT is extremely unfair for service providers who provide costly services to Government and the payment is delayed. I gave a solution to address that – which no policy maker from both administrations whom I have spoken to since 1997 have disagreed with, but they have not made the relevant amendment to the Act.

    On your comments.

    Your example about Massy and Carlton is irrelevant to the article. If their products do not sell, then that is a business risk, and the cost of unsold products is passed on to the consumer.

    Your suggestion to use proforma invoices is irrelevant to the article. The Government does not accept or process proforma invoices for construction projects. If the Client was non-government, then that Client would normally process a proforma invoice. But the stated focus of the article was Government as the Client.

    Your comment of asking the Government to “to be a partner in your bad debt allocation and sloppy collection practices” is irrelevant to the article. If the Government delays payment, then there are contractual remedies, but enforcing them may negatively affect the likelihood of getting another contract; therefore, it must be lumped, not liked – that is the reality.

    Your comment on “exemptions” is irrelevant to the article. The vast majority of the construction contracts that I have worked on since VAT was introduced had no VAT exemptions.

    Your comment on bonded warehouses is irrelevant to the article. Whether, a contractor purchases materials from a retailer or imports them and stores them in a bonded warehouse, the Act’s “supply of goods” normally takes place when the invoice is issued.

    Your comment about “VAT hurting the homeowner” is irrelevant to the article. I stated that the unfairness was when the Client was the Government and payments are delayed.

    Your comments on leaving the item on the shelf is irrelevant to the article for the same reason as your comment on the homeowner.

    Cuhdear Bajan:

    One – When the Client if Government, then you must tolerate late payments.

    Two – The article was specific to Government being the Client and the historical trend of late payments.

    Three – This is not about being lax in collections. See item One.

    Best regards,
    Grenville


  30. Cuhdear Bajan,

    You don’t have mad woman powers. My lawyer waited two years after we parted ways acrimoniously. Never contacted me. I contacted him after the matter had been concluded by another lawyer.


  31. John A
    July 12, 2024 at 8:40 pm
    Rate This

    @ David

    From what I understand Grenville is a good engineer. That does not make him an accountant or tax adviser.

    ++++++++++++++++++++++++++++++++++++

    True but how hard can it be to understand the ramifications of this clause:

    (2) The tax imposed by subsection (1) on a taxable supply of
    goods or services by a registrant is equal to 15 percent of the value of
    the supply and is payable by the registrant at the time the supply is
    made.

    … or this one

    (3) The tax imposed by subsection (1) on goods imported into
    Barbados is equal to 15 percent of the value of the goods and is
    payable, at the time the goods are entered for use within Barbados,
    by the importer, proprietor or other person who is liable under the
    Customs Act to pay duties on the goods.

    The problem is that most on here have no concept of how business works, when VAT falls due.

    Unlike Grenville who may not be a Tax expert but has the experience of meeting his obligations under the VAT act, not many here have such experience yet still bray like donkeys.

    BT sums it up perfectly while honestly admitting his ignorance!!

    BT gets it because it is simplicity itself!!

    …. and it isn’t only the service provider who faces the issue, think about the importer of goods who becomes liable for VAT AT THE TIME THE GOODS ENTERED BARBADOS FOR USE WITHIN BARBADOS.

    How long do these goods take to get from the point of entry to the shelf and then to the purchaser?


  32. A SOLUTION.

    Since the VAT was implemented in 1997, I have suggested to the authorities that when the Government is the Client, a supply of goods and services should only be recognised under Section 16 when payment is made, given the history of Government paying late.

    +++++++++++++++++++++++++++++++++++++

    Another possible solution …. one thing about us engineers is we are into defining problems and finding solutions.

    Problem solving is an ability with universal application, in Law, Tax, Accounting or life in general!!

    In a given month the importer or service provider has a huge amount of VAT to pay. Months may follow when the GOB will owe the importer or service provider VAT on local purchases while he collects the VAT payable on the sale of his goods or payment for services.

    Rather than demand immediate payment VAT should be payable every 6 months (or whatever period makes sense) and it should be on the balance owed.

    That way the GOB can’t draw out VAT refunds for the months when a claim is made against it and it is short on cash as it usually is.

    Cashflow is thus addressed.

    The GOB seeks to participate in businesses but insulates itself from the natural laws of businesses.

    It should pay by the same rules, wait on its money and cut its suit to fit the cloth.

    Certainly after all these years data exists on businesses registered for tax on the net VAT paid to Government.

    The period over which an accounting is due should be specific to the business and negotiated between BRA and the specific business, reviewable on a yearly basis.


  33. @ Grenville

    What you are outlining is an accounts issue. If you have a client that pays poorly then whether it is VAT or duty or just your time, the issue is you are extending services for a protracted period. One therefore takes that into your billing and bills to suit. If they take 12 months then add 12% to the bill before submission. Everyone knows doing business with government means slow payment so operate to suit. NO business I know could extend 7 months of credit without including a finance charge in the price up front. Maybe those that do business with Government need to do that. Again an accounting issue not a VAT problem.

    Secondly you say a contractor gets issued a payment for $1 million dollars and had to pay $175000 to the VAT office on it. That too is not true. He has the right to deduct ALLof his vatable inputs from it FIRST and ONLY then pays in the NET DIFFERENCE.

    I did not get from reading the article that government as a client was the concern alone. You spoke to Vat and its problems.

    What I do notice though is that from the time you ran as a politician you had an issue with VAT. Back then you made alot of comments about VAT that you were corrected on. Today years later you continue to do the same thing.

    For decades companies have been doing business with government and from the 70’s knew late payment was an issue. Although they moaned and groaned as you are doing now, did they stop doing business with them? No they continued. They used bonded warehouses, invoiced in the cost a late payment fee to cover that problem and cut off supplies when payment was too late. From my experience then payments took about 3 months, mainly because everything went through central purchasing etc. But in the end you were paid. The same companies doing business in the 70s are still doing business with them to day though. How many of your clients will stop doing business with the state because of slow payments? Answer is not 1 because the all know they will be paid.

    Anyhow you have a right to your opinion however I do not feel that gives you the right to distort reality for what ever reason. You had your say and I had mine. Let us now call it a day. I will end by making this final statement. VAT properly used is the fairest form of taxation out there as It is allows the consumer to make the final decision on purchase.


  34. @John A

    A general point is that the government is responsible for offering big projects in the market, large private sector interest probably have arrangements to finance their cash flow given the certainty in payment.


  35. To be fair to Dr. Phillips II, he mentioned having ‘suggested to the authorities that a supply of goods and services should only be recognised under Section 16 when payment is made, if government is the client, given its history of paying late.’

    I understand his concerns. My other concern is the long periods businesses have to wait for VAT refunds.

    RE: “A Contractor working on a $12M project may invoice a Client for $1M every month for 12 months.”

    What sane contractor would use his company’s financial resources or borrow the necessary funds to commence a $12M project, then invoice the client AFTER, prorating payments over a 12-month period, while hoping to receive funds in time to settle current and outstanding commitments?

    Under those circumstances, the contractor would be essentially financing that project.

    Without going into exhaustive details, construction contracts include the scope of work, various stages of construction, each associated payment, for which the client is issued with an invoice before commencement.

    Construction begins when payment is made. There is also a ‘mobilisation fee.’

    If we use the example provided, let’s assume the company’s VAT period is January & February, then filing deadline is March 21.

    Invoices issued for January and February at $1M each would incur (Output) VAT of $350,000.

    In the example, there weren’t any considerations given to Input VAT, (i.e. VAT paid on allowable business purchases, expenses, cost of services, etc), which has to be subtracted from Output VAT.

    John A’s suggestion of the bonded warehouse is appropriate under these circumstances.


  36. @ David

    Most banks will lend money on the strength of a state contract. They know government pays slow but they pay. Knowing this any smart business man will negotiate with the bank a facility to cover delays in payment by the state along with his other needs.


  37. @John A

    However as Artax alluded it doesn’t make economic sense to be giving away so much to financing cost. Guess it is how big deals have to be managed in Barbados because government is the largest source of big deals.


  38. @ David

    Exactly Artax is correct for sure, you can’t make that work based on your standard markup. Most companies would put something extra in the markup to cover the financial cost of waiting for payment. So if your standard mark up is 50% then you may use 55% on state projects. As I said that is where the financial controller and account of your company get involved, depending on the size of the company. If it is smaller then the owner makes that decision.

    So the same way you cost in labour, materials etc you put in a finance cost. As I said earlier this is not a VAT issue it’s an accounting issue and ensuring you cover ALL cost.


  39. So what happens to a business which has followed the law, paid its vat as required by law and then finds itself short of cash?

    What expenses can it cut, what source of funds can it access?

    NIS and PAYEE!!

    The GOB effectively cuts off its nose to spite its face ……. and the employees of the business suffer.

    You could argue that in the long-term GOB can close down the business through its practices so that the employees will suffer anyway but that is to defeat the purpose of the existence of the business, to ensure a benefit for all its stakeholders.

    GOB needs to be out of the businesses of involvement in large projects.

    Most of its “grandiose visions” are catastrophes waiting to happen.

    Leave it to the private sector.


  40. Barbados 2035 – A plan for investment in property and resilience!!!

    Has the potential to generate US 350 million in Government Revenue alone from an additional four to five percent GDP growth!!!

    This is the latest one I see today in the paper.

    Pie in the sky!!


  41. John A:

    My principal problem with VAT has been, and continues to be with the supply of services being recognised on issuing the invoice rather than when payment is made – because Government has a history of late payments.

    A simple solution is that the when the Government is the Client, a supply of goods and services should only be recognised under Section 16 when payment is made, given the history of Government paying late.

    I do not understand why this seems to be a blind spot for you – leading you to make irrelevant interventions on the article.

    Your latest one to increase the amount of the invoice above the value of services rendered to cover delayed payments is – reckless. THAT IS INTENTIONAL CORRUPTION REQUIRING COLLUSION OF THE CONTRACTOR, ENGINEER AND THE GOVERNMENT’S PROJECT OFFICER IF THE INVOICE IS PAID!!! Is that really the professional advice you wish to advocate on this public platform?

    The likely result for any contractor following your advice is that the invoice will be rejected by the Engineer.

    You may be a tax expert for merchants using bonded warehouses, but if you have insufficient experience in construction contracts for large capital works projects, you risk offering advice that may be irrelevant, reckless or both. Please reconsider.

    Best regards,
    Grenville


  42. Yes, a smart business man could, for example, negotiate an overdraft facility with the bank to cover contingencies.

    However, he must be able to satisfy the bank he is able to undertake a project of such magnitude, which may require submitting financial statements, including projected income, expenditure and statement of cash flows.

    Additionally, if, for example, government decides to undertake a $12M project, a tender would be issued, whether or not it is financed by the Consolidated Fund or a loan.
    A term ‘tender’ is simply a formal notice inviting businesses with pre-established criteria to bid for large projects.

    I’m sure we would’ve seen tender notices in the press, in which it is mentioned ‘government is not obligated to accept the highest or lowest bid,’ and that businesses are required to submit NIS, PAYE and VAT clearance certificates.

    After the offer has been accepted and considered, the estimated cost of that project would be included in government’s estimates of revenue and expenditure for the prospective financial year.

    If ‘government’ goes through a process of having a ‘Debate on Revenue & Expenditure’ in Parliament every year, and then cannot satisfy its financial obligations or commitments, we can reasonably assume the debate is just a formality……

    …… or ‘government has the wrong priorities.’


  43. @ Grenville

    Well the other option is to state on your tender document that the tender is “subject to settlement of invoices supplied within 60 days of issue. Failure to do so would be grounds for termination of the services provided.” One would have to of course place that on ALL tenders and contracts so as not to show bias to the state. This is a step your association and its members may need to consider. Of course for this to work all would have to agree.

    I don’t see how you can have a law that says oh this applies to all except sales and services to government by engineers and contractors. Many private companies carry government receivables in the millions, but in their view its worth it based on the volume of business they do. If you doubt it check with companies like CO Williams and Rayside construction, Collins Limited and several others.


  44. nextparty246
    July 14, 2024 at 12:14 pm
    Rate This

    John A:

    My principal problem with VAT has been, and continues to be with the supply of services being recognised on issuing the invoice rather than when payment is made – because Government has a history of late payments.

    ++++++++++++++++++++++++++++++

    VAT is payable by the registrant at the time the supply is made.

    That’s the law.

    Pro Forma invoices place the issuer in the position of deliberately breaking the law.

    The intent is clear, to avoid/evade paying VAT, when the supply is made …. mens rea!!

    … and the actus rea is a matter of record in the form of an invoice.

    The problem is GOB wants a piece of the action and has declared laws that inserts it into a position to extract or excise a tax that does not comprehend how business works over a period and the importance of cash flow over that period.

    Over a period the net flow off VAT is to the GOB but on a month to month basis it is not.

    Once the business has a record of performance where it performs about the same as the previous year, then use the previous year’s net flow, divide it by 12, and make this sum payable on a monthly basis in the current year.

    You could also use a running 2 or 3 year average.

    Playing games with invoice timing invites legal troubles.

    The law needs to change.

    We will however have to wait for a parliament that meets the constitution, the supreme law of the land which members of the House of Assembly insist on flouting!!


  45. “VAT is payable by the registrant at the time the supply is made. That’s the law.”

    INCORRECT!!!

    A blatant misinterpretation of the VAT Act.

    One can reasonably assume VAT is based on the accrual system of accounting, whereby revenue and expenditure are recognised in the period in which they were earned and disbursed respectively.

    If a company’s VAT period is March/April, then its filing and payment deadline is March 21.

    If the company, for example, issues an invoice for $1M in March for services rendered, that revenue is recognised as having been earned in March.
    VAT of $175,000 is similarly recognised in March as well, because it was collected during the company’s VAT period, but DOES NOT immediately become DUE for PAYMENT.

    Another fact we must consider is, Input VAT on expenses, which MUST be SUBTRACTED from Output VAT on income, and the company either pays the difference or claims a refund.

    So, 17.5% VAT on $1M, or $175,000, is RECOGNISED, but NOT “PAYABLE by the registrant at the time the supply is made.”

    That IS the law.

  46. Cuhdear Bajan Avatar

    @John A “I did not get from reading the article that government as a client was the concern alone. You spoke to Vat and its problems.”

    I didn’t get it either, since Grenville wrote “The Value Added Tax (VAT) is perhaps the most unfair and harmful tax ever conceived. It has been adjusted several times because of its unfairness, but it continues to be unfair and harmful.”

    It therefore seems to me that Grenville was not clear that his issue is with government [taxpayers really] as client. It seems to me that he was complaining about VAT generally.

    In any event the terms “fair” and “unfair” are highly SUBJECTIVE.

    It seems to me that Grenville could do with a Communications specialist to help him with his public communications. Communications like engineering, like medicine is a highly specialized field for which neither engineers nor doctors receive any education or training.

  47. Cuhdear Bajan Avatar

    That said government does pay late in truth.

    Still waiting for my 2022 income tax return. It is only about $1,200, but as a pensioner I could do with my money right now.

    Today a young gentleman provided a service to me. His fee was $250 and he was paid the minute the job was done. It would have been highly unreasonable [and UnChristian] of me to keep him waiting for his money, even though government keeps me waiting years and years for mine.

    I will leave the complexities of multi million dollars contracts and their tax implications to the BU finance big boys, John A, Artax and Northern Observer.

  48. NorthernObserver Avatar
    NorthernObserver

    @GP
    “My principal problem with VAT has been, and continues to be with the supply of services being recognised on issuing the invoice rather than when payment is made – because Government has a history of late payments.

    A simple solution is that the when the Government is the Client, a supply of goods and services should only be recognised under Section 16 when payment is made, given the history of Government paying late.”

    So you have a solution, why replace VAT? However, I cannot take a single one of your proposals without others.

    A SB government is not going to pay late, is it? You have other measures to limit corruption, and improve efficiency. However, I think the switch from VAT to flat income taxes, will create a liquidity crisis. VAT actually works. Focus on collections, and it will be your best friend.

    While many countries have opposed VAT style taxes initially, very few have removed them. Even when the then opposing opposition party gets elected, they keep them.


  49. The Registrant generates a payable in his records when he provides a service.

    The GOB generates receivable in its records when the return is made.

    … whether the Registrant has actually collected the tax or not.

    All the GOB knows once the return is filed is that it is owed Vat by the Registrant which it wants to collect even though its de facto tax collector, the Registrant, has not collected the GOB’s tax.

    Neither the GOB nor the Registrant can get access to the actual money/cash/Vat until it flows into the coffers of the Registrant from his client.

    … but the Registrant still owes the GOB a debt but has no money to pay it because the client, in Grenville’s case the GOB, has not paid its invoice which Grenville uttered.

    Grenville says this is inherently unfair as I understand it and it is.

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