Page 17 - Juta's Indirect Tax

s1 VALUE-ADDED TAX ACT 89 OF 1991 s 1
(b) any trust fund and any person who is or may be a bene ciary in respect of that fund; or
(c) any partnership or close corporation and— (i) any member thereof; or
(ii) any other person where that person and a member of such partnership or close corporation, as the case may be, are connected persons in terms of this de nition; or
(d) any company (other than a close corporation) and— (i) any person (other than a company) where that person, his spouse or minor child or any trust fund in respect of which that person, his spouse or minor child is or may be a bene ciary, is separately interested or two or more of them are in the aggregate interested in 10 per cent or more of the company’s paid-up capital or 10 per cent or more of the company’s equity shares (as de ned in section 1 of the Income Tax Act) or 10 per cent or more of the voting rights of the shareholders of
the company, whether directly or indirectly; or
[Sub-para. (i) substituted by s. 165 (1) (b) of Act 31 of 2013 – substitution deemed to have come into operation on
1 April 2012.]
(ii) any other company the shareholders in which are substantially the same persons as the shareholders in the rst-mentioned company, or which is controlled by the same persons who control the rst-mentioned company; or
[Sub-para. (ii) substituted by s. 128 (1) (b) of Taxation Laws Amendment Act, 2015 – date of commencement deemed to have come into operation on 1 April 2016*.]
(iii) any person where that person and the person referred to in subparagraph (i) or his spouse or minor child or the trust fund referred to in that subparagraph or the other company referred to in subparagraph (ii) are connected persons in terms of this de nition; or
(e) any separate enterprise, branch or division of a vendor which is separately registered as a vendor under the provisions of section 50 and any other such enterprise, branch or division of the vendor; or
(f) any branch, division or separate enterprise of an association not for gain which is deemed by subsection (5) of section 23 to be a separate person for the purposes of that section and any other branch, division or separate enterprise of that association, whether or not such other branch, division or separate enterprise is a vendor; or
(g) any person and any superannuation scheme referred to in section 2 (2) (vii), the members of which are mainly the employees or of ce holders or former employees or of ce holders of that person;
[Para. (g) added by s. 23 (1) (d) of Act 27 of 1997.]
‘consideration’, in relation to the supply of goods or services to any person, includes any payment made or to be made (including any deposit on any returnable container and tax), whether in money or otherwise, or any act or forbearance, whether or not voluntary, in respect of, in response to, or for the inducement of, the supply of any goods or services, whether by that person or by any other person, but does not include any payment made by any person as a donation to any association not for gain: Provided that a deposit (other than a deposit on a returnable container), whether refundable or not, given in respect of a supply of goods or services shall not be considered as payment made for the supply unless and until the supplier applies the deposit as consideration for the supply or such deposit is forfeited;
[De nition of ‘consideration’ substituted by s. 92 (1) (a) of Act 32 of 2004 and amended by s. 8 (1) of Act 10 of 2005.]
‘consideration in money’ includes consideration expressed as an amount of money;
‘Controller’ has the meaning assigned thereto in section 1 of the Customs and Excise Act;
[De nition of ‘Controller’ inserted by s. 101 (a) of Act 31 of 2005.]
‘Customs and Excise Act’ means the Customs and Excise Act, 1964 (Act 91 of 1964);
[NB: De nitions of ‘customs authority’ and ‘Customs Control Act’ have been inserted by s. 19 (1) (b) of Act 44 of 2014, a provision that will come into operation on the date on which the Customs Control Act 31 of 2014 takes effect. See Pendlex below.]
‘customs controlled area’ has the meaning assigned thereto in section 21A of the Customs and Excise Act;
[De nition of ‘customs controlled area’ inserted by s. 164 (1) (c) of Act 45 of 2003.]
‘customs controlled area enterprise’ has the meaning assigned thereto in section 21A of the Customs and Excise Act, 1964;
[De nition of ‘customs controlled area enterprise’ inserted by s. 164 (1) (c) of Act 45 of 2003.]
[NB: The de nitions of ‘customs controlled area’ and ‘customs controlled area enterprise’ have been substituted by s. 165 (1) (c) of the Taxation Laws Amendment Act 31 of 2013, a provision which will come into operation on the date on which the Special Economic Zones Act 16 of 2014 comes into operation. See Pendlex below. The de nition of ‘customs controlled area’ has subsequently been substituted, the de nition of ‘customs controlled area enterprise’ has been deleted and a de nition of ‘Customs Duty Act’ has been inserted by s. 19 (1) (c), (d)
Pendlex
[NB: The de nition of ‘Controller’ has been deleted by s. 19 (1) (a) of Act 44 of 2014, a provision that will come into operation on the date on which the Customs Control Act 31 of 2014 takes effect.]
Pendlex
[NB: The de nition of ‘Customs and Excise Act’ has been deleted by s. 19 (1) (a) of Act 44 of 2014, a provision that will come into operation on the date on which the Customs Control Act 31 of 2014 takes effect.]
Prelex
Wording of sub-para. (ii) in force until 1 April 2016
(ii) any other company the shareholders in which (being shareholders as contemplated in the de nition of ‘shareholder’ in section 1 of the Income Tax Act) are substantially the same persons as the shareholders in the rst- mentioned company, or which is controlled by the same persons who control the rst- mentioned company; or
Pendlex (to come into operation on the date on which the Customs Control Act 31 of 2014 takes effect)
‘customs authority’ has the meaning assigned thereto in section 1 of the Customs Control Act;
‘Customs Control Act’ means the Customs Control Act, 2014 (Act 31 of 2014);
* Section 128 (4) of Taxation Laws Amendment Act, 2015 reads: ‘Paragraph [sic] (b) and (h) of subsection (1) is [sic] deemed to have come into operation on 1 April 2016.’ It is not clear whether this should have indicated ‘come into operation on 1 April 2016’ or ‘are deemed to have come into operation on 1 April 2015’.
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VALUE-ADDED TAX ACT