Page 184 - Juta's Indirect Tax

Schedule 1
tax adMInIstratIOn act 28 OF 2011 Schedule 1
Short title
No. and year
Extent of amendment or repeal
(e) by the substitution for subsection (5) of the following subsection*:
“(5) Where any person who is liable for the payment of tax fails to pay any amount of such tax on the date on which in terms of the Customs and Excise Act, liability arises for the payment of the excise duty or environmental levy referred to in section 7 (3) (a), the Commissioner must, in accordance with Chapter 15 of the Tax Administration Act, impose on that person a penalty equal to 10 per cent of the said amount of tax.”; and
(f) by the deletion of subsections (6), (6A), (7) and (8)†. Amendment of section 44
133. Section 44 of the Value-Added Tax Act, 1991, is hereby amended— (a) by the deletion of subsections (1) ....‡;
Substitution of section 45
134. The Value-Added Tax Act, 1991, is hereby amended by the substitution for section 45 of the following section§:
“45 Interest on delayed refunds
(1) Where the Commissioner does not within the period of 21 business days after the date on which the vendor’s return in respect of a tax period is received by a SARS of ce refund any amount refundable under the Tax Administration Act, interest will be paid on such amount in accordance with Chapter 12 of that Act.
(2) Despite the provisions of Chapter 12 of the Tax Administration Act, if a person fails to—
(a) without just cause submit relevant material, requested by SARS for purposes of veri cation, inspection or audit of a refund in accordance with Chapter 5 of the Tax Administration Act; or
(b) furnish SARS in writing with particulars of the account required in terms of section 44 (3) (d) to enable SARS to transfer a refund to that account,
no interest accrues on the amount refundable for the period from the date that—
(i) in respect of subparagraph (a), the relevant material was required to be submitted; or
(ii) in respect of subparagraph (b), the refund is authorised,
until the date that the person submits the relevant material or bank account
particulars.”.
Repeal of section 45A
135. Section 45A of the Value-Added Tax Act, 1991, is hereby repealed¶.
* Subsection (5) substituted by para. 128 (e) 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.
†
(i) Subsections (6) and (6A) deleted by para. 128 (f) of Schedule 1 to Act 28 of 2011 and commenced on 1 October 2012: Proclamation 51 in GG 35687.
(ii) Subsection (7) substituted by para. 128 (f) 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.
(iii) Subsection (8) to be deleted by para. 128 (f) of Schedule 1 to Act 28 of 2011 with effect from a date determined by the President by proclamation in the Gazette.
‡ Subsection 44 (1) substituted by para. 133 (a) 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 45 to be substituted by para. 134 of Schedule 1 to Act 28 of 2011 with effect from a date determined by the President by proclamation in the Gazette.
¶ Section 45A to be substituted by para. 135 of Schedule 1 to Act 28 of 2011 with effect from a date determined by the President by proclamation in the Gazette.
176 Juta’s IndIrect tax 2016