Page 324 - Juta's Indirect Tax

IN 31 (3) VaLue-added tax act: InterPretatIOn nOtes IN 31 (3)
G
Disposal of an enterprise or part thereof as a going concern [s 11 (1) (e)]
(a) The vendor’s copy of the zero-rated tax invoice;
(b) The contract of sale between the recipient and the vendor
con rming the disposal as a going concern;
(c) The recipient’s Notice of Registration (the VAT 103 form) or proof that the recipient applied for registration before
concluding the agreement.
H
Gold to the South African Reserve Bank, South African Mint Company (Pty) Ltd or registered banks [s 11 (1) (f)]
(a) The vendor’s copy of the zero-rated tax invoice;
(b) A copy of the order or contract from either the South African Reserve Bank, the South African Mint Company (Pty) Ltd or any bank registered under the Banks Act No.
94 of 1990 (the Banks Act).
I
Goods used or consumed for agricultural, pastoral or other farming purposes [s 11 1) (g)]
(a) The vendor’s copy of the zero-rated tax invoice; and
(b) A copy of the recipient’s VAT 103 form, authorising the recipient to acquire the goods contemplated in Part A of
Schedule 2 at the zero rate.
J
Fuel levy goods [s 11 (1) (h)]
The vendor’s copy of the zero-rated tax invoice.
K
Crude for the purpose of being re ned for the production of fuel levy goods [s 11 (1) (h(a)]
The vendor’s copy of the zero-rated tax invoice.
L
Deemed supply of goods consigned or delivered to a branch or main business in an export country [s 11 (1) (i)]
Refer to paragraphs 5.1 and 6 of Interpretation Note No. 30 (Issue 2) dated 15 March 2006.
M
Certain speci ed foodstuffs [s 11 (1) (j)] (Part B of Schedule 2)
The vendor’s copy of the zero-rated tax invoice.
N
Gold coins issued by the South African Reserve Bank [s 11 (1) (k)]
(a) The vendor’s copy of the zero-rated tax invoice; and (b) Proof of payment.
O
Illuminating kerosene (marked) [s 11 (1) (l)]
The vendor’s copy of the zero-rated tax invoice which must specify that the illuminating kerosene is marked.
P
Movable goods to a customs controlled area enterprise (CCAE) or an IDZ operator in a CCA of an IDZ [s 11 (1) (m)]
(a) The vendor’s copy of the zero-rated tax invoice;
(b) A copy of the order or contract from the CCAE or the IDZ
operator;
(c) Proof that the vendor used its own mode of transport or that
the vendor paid the transport costs;
(d) The original VAT267 form endorsed by an IDZ operator
when the goods entered the CCA; and
(e) Proof of payment.
Q
Fixed property situated in a CCA of an IDZ supplied to a CCAE or an IDZ operator under any agreement of sale or letting or any other agreement for use or permission to use [s 11 (1) (m(a)]
(a) The applicable sale or lease agreement con rming that the xed property is situated in a CCA;
(b) Proof that the purchaser/lessee is a CCAE or an IDZ operator; and
(c) Proof of payment.
R
Any old order right or OP26 right converted into a new right pursuant to the relevant item in the Mineral and Petroleum Resources Development Act No. 28 of 2002 (the MPRD Act) [s 11 (1) (n) (i)]
Approval from the Department of Mineral Resources that the old order right or OP26 right has been converted into a new right pursuant to Item 7 (3) in Schedule II to the MPRD Act.
S
Disposal of an enterprise or part thereof as a going concern, between separately registered vendors falling within the same legal entity [s 11 (1) (p)]
(a) The vendor’s copy of the zero-rated tax invoice; (b) A copy of the purchaser’s VAT 103 form;
(c) A declaration by the seller con rming the disposal as a going concern; and
(d) Proof of payment.
T
Goods supplied to a person who is not a resident of the Republic and not a vendor (non-resident) and where such goods are delivered to that non-resident’s customer who is a vendor in the Republic [s 11 (1) (q)]
(a) The vendor’s copy of the zero-rated tax invoice;
(b) Written con rmation from the non-resident that it is not a
resident of the Republic and not a vendor;
(c) The non-resident’s customer’s VAT registration number;
(d) A declaration from the non-resident’s customer con rming
that the goods are to be used wholly for the purpose of consumption, use or supply in the course of making taxable supplies; and
(e) Proof of payment from the non-resident for the goods.
316 Juta’s IndIrect tax 2016