Page 24 - Juta's Indirect Tax

s 1 VALUE-ADDED TAX ACT 89 OF 1991 s 1
‘Republic’, in the geographical sense, means the territory of the Republic of South Africa and includes the territorial waters, the contiguous zone and the continental shelf referred to respectively in sections 4, 5 and 8 of the Maritime Zones Act, 1994 (Act 15 of 1994);
[De nition of ‘Republic’ substituted by s. 18 (b) of Act 37 of 1996.]
‘residential rental establishment’ . . .
[De nition of ‘residential rental establishment’ substituted
by s. 12 (1) (i) of Act 136 of 1992 and deleted by s. 65 (1) (e) of Act 19 of 2001.]
‘resident of the Republic’ means a resident as de ned in section 1 of the Income Tax Act: Provided that any other person or any other company shall be deemed to be a resident of the Republic to the extent that such person or company carries on in the Republic any enterprise or other activity and has a xed or permanent place in the Republic relating to such enterprise or other activity;
[De nition of ‘resident in the Republic’ amended by s. 64 (b) of Act 59 of 2000.]
‘returnable container’ means any container belonging to a class of containers in relation to which, at the time of delivery of the contents thereof, ownership of that container is not transferred to the recipient of the contents and a speci cally identi ed amount is usually charged as a deposit by the supplier of the contents upon the express undertaking of the supplier that upon the return of that container such deposit will be refunded or allowed as a credit to such recipient or any other person returning such container;
‘sale’ means an agreement of purchase and sale and includes any transaction or act whereby or in consequence of which ownership of goods passes or is to pass from one person to another;
‘second-hand goods’ means—
(a) goods which were previously owned and used; or
(b) in respect of the transfer of a unit in the circumstances
referred to in Item 8 of Schedule 1 to the Share Blocks Control Act, such unit, but does not include—
(i) animals;
[Sub-para. (i) amended by s. 164 (1) (l) of Act 45 of 2003.] (ii) gold, gold coins contemplated in section 11 (1)
(k) and goods containing gold;
[Sub-para. (ii) amended by s. 164 (1) (l) of Act 45 of 2003
and substituted by s. 95 (1) (b) of Act 43 of 2014 – date of commencement: 1 April 2015.]
(iii) any prospecting right, mining right, exploration right, production right, mining permit, retention permit or reconnaissance permit as de ned in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002), or any reconnaissance permission contemplated in section 14 of that Act granted or renewed in terms of that Act or received upon conversion pursuant to Schedule II, except when that prospecting right, mining right, exploration right, production right or interest in that right is transferred, ceded, let, sublet, alienated, varied or otherwise disposed of as contemplated in section 11 of the Mineral and Petroleum Resources Development Act, 2002;
[Sub-para. (iii) added by s. 164 (1) (m) of Act 45 of 2003 and substituted by s. 43 (1) (d) of Act 16 of 2004.]
[NB: Sub-paras. (iv) and (v) have been added by s. 104 (1) (f) of Act 60 of 2008, a provision which will come into operation on a date to be determined by the Minister and
will apply in respect of xed property acquired on or after that date. See Pendlex below.]
[De nition of ‘second-hand goods’ substituted by GN 2695 of 8 November 1991, by s. 12 (1) (j) of Act 136 of 1992 and by s. 9 (1) (j) of Act 20 of 1994.]
‘service enterprise’ . . .
[De nition of ‘service enterprise’ inserted by s. 164 (1) (n) of Act 45 of 2003 and deleted by s. 165 (1) (i) of Act 31 of
2013 – date of commencement: 1 April 2014.] ‘services’ means anything done or to be done, including the granting, assignment, cession or surrender of any right or the making available of any facility or advantage, but excluding a supply of goods, money or any stamp, form or card
contemplated in paragraph (c) of the de nition of ‘goods’; [De nition of ‘services’ substituted by GN 2695 of
8 November 1991 and by s. 12 (1) (k) of Act 136 of 1992.]
[NB: De nitions of ‘SEZ’ and ‘SEZ enterprise’ have been inserted by s. 19 (1) (m) 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.]
‘share block company’ means a share block company as de ned in section 1 of the Share Blocks Control Act; [De nition of ‘share block company’ inserted by s. 12 (1) (l)
of Act 136 of 1992 and substituted by s. 9 (1) (k) of Act 20 of 1994.]
‘Share Blocks Control Act’ means the Share Blocks Control Act, 1980 (Act 59 of 1980);
[De nition of ‘Share Blocks Control Act’ inserted by s. 9 (1) (l) of Act 20 of 1994.]
‘shareholder’—
(a) in relation to any company referred to in paragraph (a), (b) or (d) of the de nition of ‘company’ in section 1 (1) of the Income Tax Act, means the registered shareholder in respect of any share, except that where some person other than the registered shareholder is entitled, whether by virtue of any provision in the memorandum or articles of association of the company or under the terms of any agreement or contract, or otherwise, to all or part of the bene t of the rights of participation in the pro ts, income or capital attaching to the share so registered, that other person shall, to the extent that such person is entitled to such bene t, also be deemed to be a shareholder; or
(b) in relation to any close corporation, means a member of such corporation; or
(c) in relation to any co-operative, means a member of such co-operative;
[De nition of ‘shareholder’ inserted by s. 128 (1) (h) of Tax- ation Laws Amendment Act, 2015 – date of commencement deemed to have come into operation on 1 April 2016*.]
Pendlex
(iv) any xed property acquired in terms of the Provision of Land and Assistance Act, 1993 (Act 126 of 1993); and
(v) any xed property acquired in terms of section 42E of the Restitution of Land Rights Act, 1994 (Act 22 of 1994);
Pendlex (to come into operation on the date on which the Customs Control Act 31 of 2014 takes effect)
‘SEZ’ means an area designated as a Special Economic Zone in terms of the Special Economic Zones Act;
‘SEZ enterprise’ means an SEZ enterprise as de ned in section 1 of the Customs Control Act to the extent to which it is carried on in a customs controlled area;
* 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’.
16 Juta’s IndIrect tax 2016