Page 285 - Juta's Indirect Tax

VaLue-added tax act: reGuLatIOns and nOtIces Exports
(dd) obtain and retain, if necessary, a copy of the VAT 255 issued by a VRA of cial;
(ii) via a designated commercial port listed in paragraph (a) of the de nition of ‘designated commercial port’ by the qualifying purchaser, or the qualifying purchaser’s duly appointed agent for purposes of exporting the movable goods, the qualifying purchaser may make an application to the VRA for a refund of tax. This application for a refund of tax must be received by the VRA within 90 days from the date of export
and must contain—
(aa) the qualifying purchaser’s postal address and banking details; and
(bb) all the documents prescribed in paragraph 5 with the exception of paragraph 5(3), which is not
required in these circumstances;
(iii) via one of the ports listed in paragraph (c) of the de nition of ‘designated commercial port’ by the
qualifying purchaser or the qualifying purchaser’s duly appointed agent for purposes of exporting the movable goods, the qualifying purchaser may, after the procedures and requirements in this paragraph have been met, make an application to the VRA for a refund of tax. The application for a refund of tax must be received by the VRA within 90 days from the date of export and must contain–
(aa) the qualifying purchaser’s postal address and banking details; and
(bb) all the documents prescribed in paragraph 5 with the exception of paragraph 5(3), which is not
required in these circumstances;
(iv) via any of the ports listed in the de nition of ‘designated commercial port’ by a cartage contractor that
was appointed by the qualifying purchaser, the qualifying purchaser may make an application to the VRA for a refund of tax only after the movable goods have been received by the qualifying purchaser or the qualifying purchaser’s client in an export country. The application for a refund of tax must be received by the VRA within 90 days from the date of export and must contain–
(aa) the qualifying purchaser’s postal address and banking details; and
(bb) all the documents prescribed in paragraph 5.
(2) The cartage contractor must ensure that—
(a) the movable goods are—
(i) exported from the Republic within 90 days from the date of the tax invoice unless otherwise provided for
in these regulations;
(ii) exported via one of the ports listed in the de nition of ‘designated commercial port’ in accordance with
the prescribed Customs and Excise procedure; and
(iii) delivered to the qualifying purchaser or the qualifying purchaser’s client at an address in an export
country; and
(b) a tax invoice or an invoice where the cartage contractor is not a registered vendor is issued to the qualifying
purchaser evidencing the supply of transport in respect of the movable goods. In addition, the cartage contractor must obtain and retain the applicable Customs documents prescribed in paragraph 5 and provide the qualifying purchaser with these documents or certi ed copies of such documents.
4. Designated commercial ports
(1) Movable goods must be exported via a designated commercial port. Should the designated commercial ports listed in the de nition of ‘designated commercial port’ not be used, the qualifying purchaser will not be entitled to a refund of tax.
(2) The export of movable goods as well as the declaration of such goods at ports other than those ports listed in the de nition of ‘designated commercial port’, may be allowed in exceptional circumstances on application to and after approval by the Commissioner.
5. Documentation
Where movable goods are exported by road, sea, air or rail, the following documentation is required:
(1) The original tax invoice and–
(a) except where it is a requirement of the export country in which the qualifying purchaser resides or conducts its business that the original tax invoice must be submitted to that country’s Revenue Authority or other government department of that country. In this instance, a certi ed copy of the original tax invoice may be submitted by the qualifying purchaser to the VRA together with proof that the original tax invoice is required by the export country; or
(b) where a discount was afforded to the qualifying purchaser for prompt payment of the amount due, the terms, e.g. the percentage or amount, of the prompt payment discount must be indicated on the tax invoice as required by proviso (c) to section 21 (3); or
(c) where the qualifying purchaser is allowed to make payments in instalments (excluding under an instalment credit agreement), the qualifying purchaser must submit a supporting payment schedule setting out all the instalments to be paid, including the value of each instalment, as well as the speci c payment date for each instalment; or
(d) where the original tax invoice is issued electronically by the vendor to the qualifying purchaser, the qualifying purchaser may submit a paper copy of the original tax invoice which is marked ‘printed copy’ and certi ed by a commissioner of oaths to the VRA; or
(e) in the case where movable goods forming part of a single supply for which a single tax invoice is issued are exported in several consignments, a certi ed copy of the original tax invoice may be submitted to the VRA together with all the other required documentation for the consignments subsequent to the rst consignment.
(2) A copy of the qualifying purchaser’s—
Exports
Juta’s IndIrect tax 2016 277