Page 23 - Juta's Indirect Tax

s1
VALUE-ADDED TAX ACT 89 OF 1991 s 1
(b)
South African Reserve Bank Act, 1989 (Act 90 of 1989), or which remain in circulation as contemplated in the proviso to subsection (1) of that section, and any paper currency which under the said Act is a legal tender;
(i) any coin (other than a coin made wholly or mainly from a precious metal) or paper currency of any country other than the Republic which is used or circulated or is intended for use or circulation as currency;
(ii) any bill of exchange, promissory note, bank draft, postal order or money order,
‘open market value’ in relation to the supply of goods or services, means the open market value thereof determined in accordance with the provisions of section 3;
‘output tax’, in relation to any vendor, means the tax charged under section 7 (1) (a) in respect of the supply of goods and services by that vendor;
‘person’ includes any public authority, any municipality, any company, any body of persons (corporate or unincorporate), the estate of any deceased or insolvent person, any trust fund and any foreign donor funded project; [De nition of ‘person’ substituted by s. 101 (e) of Act 31 of
2005 and by s. 40 (1) (k) of Act 9 of 2006.] ‘precious metals’ means gold, silver, platinum, iridium and any other metals of the platinum group, and any other metal which the State President has by proclamation in the Gazette
declared to be a precious metal for the purpose of this Act; ‘prescribed rate’ in relation to any interest payable in terms of this Act means a rate equal to the rate xed from time to time by the Minister by notice in the Gazette in terms of section 80 (1) (b) of the Public Finance Management Act, 1999 (Act 1 of 1999): Provided that where the Minister xes a new rate in terms of that Act, that new rate applies for purposes of this Act from the rst day of the second month following
the date on which that new rate came into operation;
[De nition of ‘prescribed rate’ inserted by s. 1 of Act 61 of 1993, amended by s. 9 of Act 20 of 1994, by GN 1505 of 20 November 1998, by GN 541 of 22 April 1999, by GN 1065 of 1 September 1999, by GN 184 of 25 February 2000 and by GN 1160 of 13 September 2002 and substituted by s. 114 (1) (b) of Act 74 of 2002 and by s. 43 (1) (a) of Act 16 of 2004.]
[NB: The de nition of ‘prescribed rate’ has been substituted by s. 271 of the Tax Administration Act 28 of 2011 (see para. 108 (c) of Schedule 1 to that Act), a provision which will be put into operation by proclamation. See Pendlex below.]
‘prescribed tax rate’ . . .
[De nition of ‘prescribed tax rate’ deleted by s. 21 (c) of
Act 136 of 1991.]
‘public authority’ means—
(i) any department or division of the public service as
listed in Schedules 1, 2 or 3 of the Public Service Act,
1994 (Act 103 of 1994); or
(ii) any public entity listed in Part A or C of Schedule 3 to
the Public Finance Management Act, 1999 (Act 1 of
1999); or
(iii) any other public entity designated by the Minister for
the purposes of this Act to be a public authority;
[De nition of ‘public authority’ substituted by s. 148 (1) (f) of Act 60 of 2001 and by s. 92 (1) (k) of Act 32 of 2004.]
‘recipient’, in relation to any supply of goods or services, means the person to whom the supply is made;
‘registration number’ . . .
[De nition of ‘registration number’ deleted by s. 43 (1) (b)
of Act 16 of 2004.]
‘rental agreement’ means—
(a) any agreement entered into before, on or after the
commencement date for the letting of goods, other than a lease referred to in paragraph (b) of the de nition of ‘instalment credit agreement’ in this section or a nancial lease as de ned in the Sales Tax Act, 1978 (Act 103 of 1978), prior to its repeal; and
(b) any rental agreement, as de ned in the said Act where such agreement is in force on or after the commencement date;
15
except when disposed of or imported as a collector’s piece, investment article or item of numismatic interest;
‘month’ means any of the twelve portions into which any calendar year is divided;
[De nition of ‘month’ inserted by s. 164 (1) (k) of Act 45 of 2003.]
‘motor car’ includes a motor car, station wagon, minibus, double cab light delivery vehicle and any other motor vehicle of a kind normally used on public roads, which has three or more wheels and is constructed or converted wholly or mainly for the carriage of passengers, but does not include—
(a) vehicles capable of accommodating only one person
or suitable for carrying more than 16 persons; or
(b) vehicles of an unladen mass of 3 500 kilograms or
more; or
(c) caravans and ambulances;
(d) vehicles constructed for a special purpose other than
the carriage of persons and having no accommodation for carrying persons other than such as is incidental to that purpose;
(e) game viewing vehicles (other than sedans, station wagons, minibuses or double cab light delivery vehicles) constructed or permanently converted for the carriage of seven or more passengers for game viewing in national parks, game reserves, sanctuaries or safari areas and used exclusively for that purpose, other than use which is merely incidental and subordinate to that use; or [Para. (e) added by s. 92 (1) (j) of Act 32 of 2004.]
(f) vehicles, constructed as or permanently converted into hearses for the transport of deceased persons and used exclusively for that purpose;
[Para. (f) added by s. 92 (1) (j) of Act 32 of 2004.]
[De nition of ‘motor car’ amended by s. 76 of Act 30 of
2000 and by s. 92 (1) (h) of Act 32 of 2004.] ‘municipality’ means a municipality as de ned in
section 1 of the Income Tax Act;
[De nition of ‘municipality’ inserted by s. 40 (1) (j) of Act 9 of 2006 and substituted by s. 77 (d) of Act 20 of 2006* and by s. 81 (b) of Act 8 of 2007.]
‘municipal rate’ means a rate levied by a municipality in terms of section 2 of the Local Government: Municipal Property Rates Act, 2004 (Act 6 of 2004), on ‘rateable property’ of an ‘owner’ as de ned in section 1 of that Act respectively: Provided that a municipal rate does not include— (a) a single charge levied by that municipality for rates
and other supplies of goods or services such as— (i) electricity, gas, water; or
(ii) drainage, removal or disposal of sewage or garbage; or
(iii) goods or services that are incidental to, or necessary for the supply of those goods or services,
to that owner; or
(b) a rate levied in respect of supplies of goods or services
contemplated in paragraph (a);
[De nition of ‘municipal rate’ inserted by s. 40 (1) (j) of Act
9 of 2006.]
*S. 77 (d) was repealed by s. 108 of Act 8 of 2007. Juta’s IndIrect tax 2016
Pendlex
‘prescribed rate’ means the rate contemplated in
section 189 (3) of the Tax Administration Act;
VALUE-ADDED TAX ACT