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VAT PROCLAMATION

PROCLAMATION NO. 285/2002

VALUE ADDED TAX PROCLAMATION

WHEREAS, the current sales tax does not allow collection of the tax on the added value created wherever a sales transaction          

WHEREAS, the value added tax minimizes the damage that may be caused by attempts to avoid and evade the tax and helps to ascertain the profit obtained by the taxpayers;

WHEREAS, the tax enhance saving and investment as it is a consumption tax and does not tax capital;

WHEREAS, replacement of the current sales tax by value added tax enhances economic growth and improves the ratio relationship between Gross Domestic Product and Government Revenue;

NOW, THEREFORE, in accordance with Article 55(1) and (11) of the Constitution, it is hereby proclaimed as follows:

SECTION ONE

General

1.   Short Title

This proclamation may be cited as the "Value Added Tax Proclamation No.285/2002."           

2.   Definitions

For the purpose of this Proclamation, unless the context otherwise requires:

1 . " accounting period" means a calendar month. The month of Nahase and Pagumen shall be

      aggregated and treated as one calendar month;

2.   "Agent" means any person who acts on behalf of and on instruction from another person;

3. "Association of persons" means an association of individuals or an association that includes

      one or more members who are not individuals, but not including any association falling within

       the definition of "body";

4.  "Authority" means the Federal Inland Revenue Authority;

5. "Body" means any company, registered partnership, entity formed under foreign law resembling

     a company or registered partnership, or any public enterprise or public financial agency that

     carries out business activities including body of persons corporate or unincorporated whether

     created or recognized under a law in force in Ethiopia or elsewhere, and any foreign body's

     business agent doing business in Ethiopia behalf of the principal:

6.  "Export" means taking goods out of Ethiopia;

7. "goods" means all kinds of corporeal movable or immovable property, thermal or electrical

      energy, heat, gas, refrigeration, air conditioning, and water, but does not include money;

8. "Money" means:

1.a coin or note that is legal tender in Ethiopia; or

2. a bill of exchange, bank draft, promissory note, postal order, or money order; or

3. a stamp, from or card that has a monetary value and is sold or issued by the

      Government for the payment of any fiscal charge leveled under any law except where

       the coin, note, stamp, from, or card is disposed of as a collector's piece, an

        investment article, or an item of numismatic interest;

9.   "Import of Goods" means bringing goods into Ethiopia according to the customs legislation;

10 "Permanent Establishment" means a fixed place of taxable activities through which those activities of a person are wholly or partly carried on. The following shall, in particular, be considered to be a permanent establishment, an administrative office, branch, factory, workshop, mine quarry or any other place for the exploitation of natural resources, and a building site or place where construction and/or assembly works are carried out.

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