Page 183 - Juta's Indirect Tax

Schedule 1
No. and year Act 89 of 1991
tax adMInIstratIOn act 28 OF 2011 Schedule 1 Extent of amendment or repeal
Amendment of section 1
108. Section 1 of the Value-Added Tax Act, 1991, is hereby amended—
(c) by the substitution for the de nition of “prescribed rate” of the following de nition*:
“ ‘prescribed rate’ means the rate contemplated in section 189 (3) of the Tax Administration Act;”;
Amendment of section 16
115. Section 16 of the Value-Added Tax Act, 1991, is hereby amended—
(b) by the substitution for subsection (5) of the following subsection†:
“(5) If, in relation to any tax period of any vendor, the aggregate of the amounts that may be deducted under subsection (3) from the sum referred to in that subsection, the amount (if any) refundable to the vendor under section 15 (8), and any other amount refundable under Chapter 13 of the Tax Administration Act, exceeds the said sum, the amount of the excess shall, subject to the provisions of this Act, be refundable to the vendor by the Commissioner as provided in Chapter 13 of the Tax Administration Act.”.
Amendment of section 39
128. Section 39 of the Value-Added Tax Act, 1991, is hereby amended—
(a) by the substitution for the heading of the following heading‡: “Penalty for failure to pay tax when due”;
(b) by the substitution for subsection (1) of the following subsection§:
“(1) If any person who is liable for the payment of tax and is required to make such payment in accordance with the provisions of section 14, 28 (1) or 29, fails to pay any amount of such tax within the period for the payment of such tax speci ed in the said provisions, the Commissioner must, in accordance with Chapter 15 of the Tax Administration Act, impose a penalty equal to 10 per cent of the said amount of tax.”;
(c) by the deletion of subsection (2)¶;
(d) by the substitution for subsection (4) of the following subsection**:
“(4) Where any importer of goods which are required to be entered under the Customs and Excise Act, fails to pay any amount of tax payable in respect of the importation of the goods on the date on which the goods are entered under the said Act for home consumption in the Republic or the date on which customs duty is payable in terms of the said Act in respect of the importation or, if such duty is not payable, the date on which it would be so payable if it had been payable, whichever date is later, the Commissioner must, in accordance with Chapter 15 of the Tax Administration Act, impose on that importer a penalty equal to 10 per cent of the said amount of tax.”;
Short title
Value-Added Tax Act, 1991
* Definition of ‘prescribed rate’ to be substituted by para. 107 (c) of Schedule 1 to Act 28 of 2011 with effect from a date determined by the President by proclamation in the Gazette.
† Sub-s. 16 (5) ... substituted by para. 115 (b) of Schedule 1 to Act 28 of 2011 and commenced on 1 October 2012 except to the extent related to interest under s. 39 in respect of which the wording prior to the amendment applies: Proclamation 51 in GG 35687.
‡ Section 39 heading and sub-s. (1) ... substituted by para. 128 (a) and (b) of Schedule 1 to Act 28 of 2011 and commenced on 1 October 2012 except to the extent related to interest in respect of which the wording prior to the amendment applies: Proclamation 51 in GG 35687.
§ Section 39 heading and sub-s. (1) ... substituted by para. 128 (a) and (b) of Schedule 1 to Act 28 of 2011 and commenced on 1 October 2012 except to the extent related to interest in respect of which the wording prior to the amendment applies: Proclamation 51 in GG 35687.
¶ Subsection (2) ... deleted by para. 128 (c) of Schedule 1 to Act 28 of 2011 and commenced on 1 October 2012 except to the extent related to interest in respect of which the wording prior to the amendment applies: Proclamation 51 in GG 35687.
** Subsection (4) ... substituted by para. 128 (d) of Schedule 1 to Act 28 of 2011 and commenced on 1 October 2012 except to the extent related to interest in respect of which the wording prior to the amendment applies: Proclamation 51 in GG 35687.
Juta’s IndIrect tax 2016 175
TAX ADMINISTRATION ACT