Page 25 - Juta's Indirect Tax

s 1 VALUE-ADDED TAX ACT 89 OF 1991 s 1
‘South African Revenue Service’ means the South African Revenue Service established by section 2 of the South African Revenue Service Act, 1997;
[De nition of ‘South African Revenue Service’ inserted by s. 34 (1) of Act 34 of 1997.]
[NB: A de nition of ‘Special Economic Zones Act’ has been inserted by s. 19 (1) (n) 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.]
‘speci ed country’ . . .
[De nition of ‘speci ed country’ deleted by s. 9 (1) (m) of
Act 20 of 1994.]
‘Stamp Duties Act’ means the Stamp Duties Act, 1968 (Act 77 of 1968);
[De nition of ‘Stamp Duties Act’ inserted by s. 9 (1) (n) of Act 20 of 1994.]
[NB: A de nition of ‘storage warehouse’ has been inserted by s. 19 (1) (o) 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.]
‘supplier’, in relation to any supply of goods or services, means the person supplying the goods or services;
‘supply’ includes performance in terms of a sale, rental agreement, instalment credit agreement and all other forms of supply, whether voluntary, compulsory or by operation of law, irrespective of where the supply is effected, and any derivative of ‘supply’ shall be construed accordingly;
[De nition of ‘supply’ substituted by s. 81 (1) (f) of Act 53 of 1999.]
‘surrender of goods’ means the termination of any instalment credit agreement by the debtor and subsequent obligation on the creditor, to that agreement, to take possession of any goods previously supplied under that agreement;
[De nition of ‘surrender of goods’ inserted by s. 165 (1) (j) of Act 31 of 2013 – date of commencement: 1 April 2014; the inserted de nition applies in respect of goods surrendered on or after that date.]
‘tax’ means the tax chargeable under this Act; [De nition of ‘tax’ substituted by GN 2695 of 8 November
1991 and by s. 12 (1) (m) of Act 136 of 1992.]
‘Tax Administration Act’ means the Tax Admin-
istration Act, 2011;
[De nition of ‘Tax Administration Act’ inserted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
‘taxable supply’ means any supply of goods or services which is chargeable with tax under the provisions of section 7 (1) (a), including tax chargeable at the rate of zero per cent under section 11;
‘tax fraction’ means the fraction calculated in accordance with the formula:
___r___ 100 + r
in which formula ‘r’ is the rate of tax applicable under section 7 (1);
[NB: A de nition of ‘tax free shop’ has been inserted by s. 19 (1) (p) 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.]
‘tax invoice’ means a document provided as required by section 20;
‘tax period’ . . .
[De nition of ‘tax period’ deleted by s. 271 of Act 28 of
2011 – date of commencement: 1 October 2012.] ‘this Act’ includes the regulations;
‘Transfer Duty Act’ means the Transfer Duty Act,
1949 (Act 40 of 1949);
[De nition of ‘Transfer Duty Act’ inserted by s. 9 (1) (o) of Act 20 of 1994.]
‘transfer payment’ . . .
[De nition of ‘transfer payment’ inserted by GN 2695 of
8 November 1991 and by s. 12 (1) (n) of Act 136 of 1992, substituted by s. 23 (1) (g) of Act 27 of 1997 and by s. 148 (1) (g) of Act 60 of 2001 and deleted by s. 164 (1) (o) of Act 45 of 2003.]
‘transitional metropolitan council’ means a transitional metropolitan council as de ned in section 1 of the Local Government Transition Act, 1993 (Act 209 of 1993);
[De nition of ‘transitional metropolitan council’ inserted by s. 9 (1) (p) of Act 20 of 1994.]
‘trust fund’ means any fund consisting of cash or other assets the administration and control of which is entrusted to any person acting in a duciary capacity by any person, whether under a deed of trust or by agreement, or by a deceased person under a will made by that person; [De nition of ‘trust fund’ substituted by s. 21 (d) of Act 136
of 1991.]
‘unconditional gift’ . . .
[De nition of ‘unconditional gift’ deleted by s. 92 (1) (l) of
Act 32 of 2004.]
‘VAT registration number’, in relation to any vendor, means the number allocated to that vendor by the Commissioner in terms of section 24 of the Tax Administration Act;
[De nition of ‘VAT registration number’ inserted by s. 43 (e) of Act 16 of 2004 and substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
‘vendor’ means any person who is or is required to be registered under this Act: Provided that where the Commissioner has under section 23 or 50A determined the date from which a person is a vendor that person shall be deemed to be a vendor from that date;
[De nition of ‘vendor’ amended by s. 23 (1) (h) of Act 27 of 1997.]
‘welfare organisation’ means any public bene t organisation contemplated in paragraph (a) of the de nition of ‘public bene t organisation’ in section 30 (1) of the Income Tax Act that has been approved by the Commissioner in terms of section 30 (3) of that Act, if it carries on or intends to carry on any welfare activity*
Pendlex (to come into operation on the date on which the Customs Control Act 31 of 2014 takes effect)
‘Special Economic Zones Act’ means the Special Economic Zones Act, 2014 (Act 16 of 2014);
Pendlex (to come into operation on the date on which the Customs Control Act 31 of 2014 takes effect)
‘storage warehouse’ has the meaning assigned thereto in section 1 of the Customs Control Act;
* The following activities have been determined welfare activities—GN 112 in GG 27235 of 11 February 2005:
1 Welfare and Humanitarian
(a) The care or counseling of, or the provision of education programmes relating to, abandoned, abused, neglected, orphaned or homeless children.
Juta’s IndIrect tax 2016 17
Pendlex (to come into operation on the date on which the Customs Control Act 31 of 2014 takes effect)
‘tax free shop’ has the meaning assigned thereto in section 1 of the Customs Control Act;
VALUE-ADDED TAX ACT