Page 286 - Juta's Indirect Tax

Exports VaLue-added tax act: reGuLatIOns and nOtIces Exports
(a) passport, including those pages re ecting the qualifying purchaser’s name, passport number and country of residence. This requirement is not applicable where the VRA is present at the speci c designated commercial port and the refund is processed on the qualifying purchaser’s departure from the Republic; or
(b) passport which must include those pages re ecting the following- (i) endorsement re ecting entry into the Republic; and
(ii) endorsement re ecting exit from the Republic,
where the qualifying purchaser or in case the qualifying purchaser is not a natural person, the person duly authorised to represent the qualifying purchaser was in the Republic at the time of purchase; or
(c) trading license or any other equivalent document acceptable to the Commissioner proving that the business is conducted in an export country, as well as the letter of authorisation authorising the person to represent the qualifying purchaser and a copy of the authorised person’s passport; or
(d) passport and a letter from the relevant diplomatic or consular mission stating that he or she is departing from the Republic permanently in the case of a foreign diplomat; or
(e) proof of permanent residence in an export country and proof that the person currently resides in the export country in the case of a tourist who is a South African passport holder.
(3) A copy of the tax invoice or invoice from the qualifying purchaser’s cartage contractor to the qualifying purchaser where applicable.
(4) Proof of payment for the supply of movable goods exceeding R10 000. Notwithstanding this, the Commissioner may request proof of payment to verify the refund of tax in respect of movable goods exported where the consideration is less than R10 000. Proof of payment must, where applicable, be in compliance with the SARB requirements.
(5) In the case of registrable goods, proof of registration in the export country concerned (in the form of a copy of the registration certi cate, certi ed by a commissioner of oaths).
(6) The export documentation prescribed under the Customs and Excise Act. In the case of a qualifying purchaser who is-
(a) a traveller as contemplated in section 15 of the Customs and Excise Act and the rules thereto; and
(b) not required to be registered as an exporter in terms of the Customs and Excise Act;
the qualifying purchaser must provide the VRA with proof of importation of the movable goods into the export country where the VRA is not present at the designated commercial port.
6. The refund
(1)
(2)
The VRA is, in terms of section 44(9) of the Act, authorised to make a refund of tax to a qualifying purchaser where the VRA is satis ed that the qualifying purchaser has—
(a) ful lled all the responsibilities set out in paragraph 3; and
(b) submitted all the required documentation within the prescribed time periods or any extended period provided
for in these regulations.
The VRA may effect the refund—
(a) in the case of a qualifying purchaser resident in either Botswana, Swaziland or Namibia by either issuing a
(b)
cheque in the currency of that country in which the qualifying purchaser resides or by way of an Electronic Funds Transfer (EFT) in the currency of that country into the nominated bank account of the qualifying purchaser held at a bank registered in such country equal to the value of the Rand amount as approved by the Commissioner;
in the case of qualifying purchasers exiting the Republic through one of the ports listed in paragraphs (a), (b) or (c) of the de nition of ‘designated commercial port’, excluding residents of Botswana, Swaziland and Namibia–
(i) by issuing a prepaid debit card or similar card for refunds exceeding R300 provided that-
(aa) for refunds exceeding R300 but not exceeding R3 000, the prepaid debit card will be loaded with the funds after the qualifying purchaser’s departure from the Republic provided that the refund claim is not selected for audit (Where the refund claim is selected for audit, the procedure which
is applicable to refunds exceeding R3 000 will apply); and
(bb) for refunds exceeding R3 000, the prepaid debit card will be loaded with the funds once the
refund has been approved by the Commissioner; or (ii) alternatively, at the VRA’s discretion, by–
(aa) way of an EFT into the nominated bank account of the qualifying purchaser of an amount equal to the Rand amount in the event that the qualifying purchaser elects not to be issued with a prepaid debit card; or
(bb) by issuing a cheque in the currency of the Republic to the qualifying purchaser in the case of a refund not exceeding R300 and advising the qualifying purchaser to cash the cheque at the Bureau de Change facility in the international departure area of the relevant airport. In the event that the qualifying purchaser is unable or unwilling to cash the cheque, the qualifying purchaser will be requested to provide his/her banking details and the refund will be effected by way of an EFT into the nominated bank account of the qualifying purchaser of an amount equal to the Rand amount; or
(cc) by way of an EFT into the nominated bank account of the qualifying purchaser of an amount equal to the Rand amount in the event that the qualifying purchaser exits the Republic through any of the other designated commercial ports;
where the speci ed payment method is not practical for any reason, at the VRA’s discretion, by–
(i) issuing a cheque drawn on a foreign bank (dollars (United States of America) or pounds (Great Britain));
(c)
or
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Juta’s IndIrect tax 2016