BURS loses landmark VAT legal dispute

BURS has been ordered to reimburse a couple that was forced to pat VAT on a property purchased through a Deputy Sheriff
BURS has been ordered to reimburse a couple that was forced to pat VAT on a property purchased through a Deputy Sheriff

In a landmark ruling, the Court of Appeal (COA) has ordered that a Gaborone couple be reimbursed P91, 000 paid to Botswana Unified Revenue Service (BURS) as value added tax (VAT) on a property purchased through an auction conducted by a Deputy Sheriff.

In a case that is likely to set a precedent that will dent BURS’ tax collections while opening up a pocket of respite for homebuyers, the CoA has   declared that the sale of property by a Non-VAT registered Deputy Sheriff under authority of a court order (sale of execution) is not liable to VAT charges.

 The VAT Act prescribes that every person who conducts business (taxable activity) of a value reaching or exceeding P500, 000 in any proceeding 12 months period is required to register under the Act.

Editor's Comment
Micro-procurement maze demands urgent reform

Whilst celebrating milestones in inclusivity, with notably P5 billion awarded to vulnerable groups, the report sounds a 'siren' on a dangerous and growing trend: the ballooning use of micro-procurement. That this method, designed for small-scale, efficient purchases, now accounts for a staggering 25% (P8 billion) of total procurement value is not a sign of agility, but a 'red flag'. The PPRA’s warning is unequivocal and must be...

Have a Story? Send Us a tip
arrow up