Page 287 - Juta's Indirect Tax

Exports VaLue-added tax act: reGuLatIOns and nOtIces Exports
(ii) crediting the qualifying purchaser’s credit card with the payment, provided that the payment method complies with the requirements of the common monetary area and subject to the approval of SARB;
(d) alternatively, by making use of any other payment method approved by the Commissioner.
(3) In the case where movable goods forming part of a single supply are exported in several consignments, the refund will be effected in respect of each consignment to the extent of the value of the goods exported. The value of the
movable goods exported per consignment will be determined with reference to the relevant export documentation.
(4) In the case where the qualifying purchaser is allowed to make payments in instalments, the refund will be effected in respect of each instalment to the extent of payment made. The value of each refund will be determined with reference to the supporting payment schedule contemplated in paragraph 5(1)(c) together with proof of payment of
the speci c instalment.
(5) If all the requirements have been met at the time of departure from one of the designated commercial ports where the
VRA is present [see paragraph (b) of the de nition of ‘designated commercial port’, a refund limited to an amount as determined by the Commissioner may be paid immediately by the VRA at that designated commercial port. Provided that where–
(a) the claim is for a higher value than that as determined by the Commissioner;
(b) the VRA has determined that the claim must rst be authorised by the Commissioner;
(c) the claim is a claim as described in paragraphs 3(1)(b)(iii) or 3(1)(b)(iv) and the movable goods were exported by the cartage contractor through a port as listed in paragraph (c) of the de nition of ‘designated commercial
port’;
(d) the claim is in respect of second-hand goods; or
(e) the claim is in respect of registrable goods,
the refund will be paid by the VRA to the qualifying purchaser after departure from the Republic. This procedure is also applicable where a claim is handed to a customs of cial at a designated commercial port where the VRA is not present. Payment of the refund will then be effected as contemplated in paragraph 6(2), only after–
(i) the Commissioner has approved the claim; or
(ii) in the case of second-hand goods, where the proviso to section 11(1) of the Act read with the provisions of
section 10(12) of the Act are applicable, the Commissioner has determined the amount refundable; or
(iii) 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), is submitted to the VRA.
(6) The Commissioner may extend the period within which a qualifying purchaser may submit an application for a
refund of tax where the Commissioner is satis ed that—
(a) the qualifying purchaser is unable to obtain all the required documentation within the prescribed period due to
circumstances beyond the control of the qualifying purchaser; or
(b) a vendor incorrectly levied tax at the zero rate on a supply of movable goods to a qualifying purchaser, the
qualifying purchaser subsequently paid the amount of tax that should have been charged by the vendor on the
supply and all the other requirements prescribed in this Part are complied with.
Provided that the extended period, in the case of subparagraph (a), may not exceed 12 months and, in the case of subparagraph (b), may not exceed 5 years from the date of the original zero rated tax invoice. Provided further that for the purpose of subparagraph (b) the period within which the qualifying purchaser must submit an application for a refund of tax may not exceed 30 days from the date of approval given by the Commissioner.
The qualifying purchaser must, in respect of paragraph 6(6), obtain and retain, where appropriate, the export documentation prescribed under the Customs and Excise Act or proof of import into the export country where the export documentation is not required.
(7) No refund of tax will be made where—
(a) the qualifying purchaser has exported the movable goods after 90 days from the date of the tax invoice, unless
otherwise provided for in these regulations;
(b) the tax inclusive total of all movable goods purchased during a particular visit to the Republic and exported by
the qualifying purchaser at the end of that visit, does not exceed R250 per qualifying purchaser;
(c) the foreign passport holder has permanent resident status in the Republic; or
(d) the qualifying purchaser’s spouse has permanent residence status in the Republic.
7. Commission in respect of refunds
The VRA will deduct a commission, as agreed between the VRA and the Commissioner, from the tax refundable to the qualifying purchaser.
PART TWO – SECTION A
PROCEDURES FOR THE VENDOR WHO ELECTS TO SUPPLY MOVABLE GOODS AT THE ZERO RATE TO A QUALIFYING PURCHASER, WHERE THE MOVABLE GOODS ARE INITIALLY DELIVERED TO A HARBOUR, AN AIRPORT, OR ARE SUPPLIED BY MEANS OF A PIPELINE OR ELECTRICAL TRANSMISSION LINE IN THE REPUBLIC BEFORE BEING EXPORTED
8. Introduction
(1) Part Two – Section A of these regulations applies where a vendor supplies movable goods to a qualifying purchaser and the vendor elects to levy tax at the zero rate on the supply of the goods.
(2) The vendor may only elect to levy tax at the zero rate where—
Juta’s IndIrect tax 2016 279