Page 264 - Juta's Indirect Tax

s 1
MINERAL AND PETROLEUM RESOURCES ROYALTY (ADMINISTRATION) ACT 29 OF 2008 s 4
Part I Interpretation (s 1)
(b) wins or recovers a mineral resource extracted from within the Republic; or
[Para. (b) substituted by s. 34 (1) (b) of Act 8 of 2010.] (c) elects to register for the purposes of this Act.
[Para. (c) added by s. 34 (1) (c) of Act 8 of 2010.]
(2) A person that quali es for registration as mentioned in subsection (1)—
1 De nitions
(1) In this Act, unless the context indicates otherwise—
‘Commissioner’ means the Commissioner for the South African Revenue Service appointed in terms of section 6 of the South African Revenue Service Act, 1997 (Act 34 of 1997), or the Acting Commissioner designated in terms of section 7 of that Act;
[De nition of ‘Commissioner’ substituted by s. 271 of Act 28 of 2011.]
‘ nancial year’ means a nancial year as de ned in section 1 of the Income Tax Act;
‘nonbinding private opinion’ . . .
[De nition of ‘nonbinding private opinion’ inserted by s. 61 of Act 18 of 2009 and deleted by s. 271 of Act 28 of 2011.]
‘notice of assessment’ means a notice of assessment as described in section 96 of the Tax Administration Act; [De nition of ‘notice of assessment’ substituted by s. 271
of Act 28 of 2011.]
‘registered person’ means a person that quali es for registration in terms of section 2;
‘Royalty Act’ means the Mineral and Petroleum Resources Royalty Act, 2008;
‘Tax Administration Act’ means the Tax Admini- stration Act, 2011;
[De nition of ‘Tax Administration Act’ inserted by s. 271 of Act 28 of 2011.]
‘year of assessment’, in relation to a registered person, means—
(a) in the case of a natural person or trust, the period commencing on 1 March and ending on the last day
(a)
on 1 November 2009—
(i) may apply to register with the Commissioner on
or after 1 November 2009; and
(ii) must apply to register with the Commissioner by
28 February 2010; or
(b)
of February of the following year; and in the case of any other person—
(i) the period commencing on 1 March 2010 and ending on the last day of the nancial year in which that period falls; or
(ii) the period commencing on the rst day of that person’s nancial year and ending on the last day of that nancial year, and if any nancial year begins on any day other than the rst day of a month, that nancial year is deemed to begin on the rst day of that month.
[Sub-para. (ii) substituted by s. 34 (1) (d) of Act 8 of 2010.] (b) after 1 November 2009 must apply to register with the Commissioner within 60 days after the day on which
that person quali es for registration.
[Sub-s. (2) substituted by s. 62 of Act 18 of 2009.]
(3) The Commissioner must register a person that quali es for registration and that registration takes effect from the beginning of the year of assessment during which the person quali es for registration.
[Date of commencement of s. 2: 1 November 2009.]
3 Cancellation of registration
(1) A person registered under this Act that no longer quali es for registration (or anticipates not qualifying for registration from a speci ed date) may apply to the Commissioner for cancellation of registration.
(2) Upon receipt of an application mentioned in subsection (1), the Commissioner may cancel the registration of a person mentioned in subsection (1) with effect from the day after the last day of the year of assessment in which that person no longer quali ed for registration as mentioned in subsection (1).
(3) The obligations and liabilities of a person under this Act and the Royalty Act in respect of anything done or omitted to be done by the person while a registered person are not affected by the cancellation of the registration of that person as mentioned in subsection (2).
[Date of commencement of s. 3: 1 November 2009.]
4 Election for unincorporated body of persons
(1) Notwithstanding subsection (2), if an unincorporated body of persons—
(a) consists of two or more members;
(b) of which one or more members hold a prospecting
right, retention permit, exploration right, mining right, mining permit or production right granted pursuant to the Mineral and Petroleum Resources Development Act (or a lease or sublease mentioned in section 11 of that Act in respect of such a right); and
[Para. (b) substituted by s. 271 of Act 28 of 2011 – date of commencement deemed to have been 1 March 2010; this substituted paragraph applies in respect of a mineral resource transferred on or after that date.]
(c) wins or recovers a mineral resource originating from within the Republic,
all the members of that unincorporated body may elect that the unincorporated body is deemed to be a person for the purposes of this Act, the Royalty Act and the Income Tax Act as applied to the Royalty Act.
[Sub-s. (1) substituted by s. 35 (1) of Act 8 of 2010.]
(2) On the day on which the members of an unincorporated body make an election as mentioned in subsection (1) all the members of that unincorporated body must elect a year of assessment in respect of that unincorporated body and that year of assessment must be
[Para. (b) substituted by s. 33 (1) of Act 8 of 2010.]
(2) Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Royalty Act bears the meaning so assigned for purposes
of this Act.
(3) Unless the context indicates otherwise, a word or
expression to which a meaning has been assigned in the Tax Administration Act, bears that meaning for purposes of this Act.
[Sub-s. (3) added by s. 271 of Act 28 of 2011.] [Date of commencement of s. 1: 1 November 2009.]
Part II Registration (ss 2-4)
2 Registration
(1) A person quali es for registration in terms of this Act if that person—
(a)
holds a prospecting right, retention permit, exploration right, mining right, mining permit or production right granted pursuant to the Mineral and Petroleum Resources Development Act or a lease or sublease mentioned in section 11 of the Mineral and Petroleum Resources Development Act in respect of such a right;
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Juta’s IndIrect tax 2016