Page 34 - Juta's Indirect Tax

s 8A VALUE-ADDED TAX ACT 89 OF 1991 s 9
this paragraph shall not apply to the extent to which the consideration constitutes any fee, commission or similar charge.
[S. 8A inserted by s. 121 (1) of Act 7 of 2010 – date of commencement: 1 January 2013.]
9 Time of supply
(1) For the purposes of this Act a supply of goods or services shall, except as otherwise provided in this Act, be deemed to take place at the time an invoice is issued by the supplier or the recipient in respect of that supply or the time any payment of consideration is received by the supplier in respect of that supply, whichever time is earlier.
(2) A supply of goods or services shall be deemed to take place—
(a) where the supplier and the recipient are connected
persons—
(i) in the case of a supply of goods which are to be
removed, at the time of the removal; and
(ii) in the case of a supply of goods which are not to be removed, at the time when they are made
available to the recipient; and
(iii) in the case of a supply of services, at the time the
services are performed:
Provided that this paragraph shall not apply in any case where an invoice is issued in respect of that supply or any payment is made in respect of that supply on or before—
(aa) the day on which the return is furnished for the
tax period during which that supply would, but
for this proviso, have been made; or
(bb) the last day prescribed by this Act for furnishing the return for the tax period during which that supply
would, but for this proviso, have been made: Provided further that this paragraph shall not apply where the whole of the consideration or part thereof for such supply of goods or services cannot be determined at the time the goods are removed or made available or at the time the services are performed, and the recipient would have been entitled under section 16 (3) at that time to make a deduction of the full amount of tax in respect of that supply, in which case the provisions of subsection (1) shall apply;
[Further proviso added by s. 130 (1) of Taxation Laws Amendment Act, 2015 – date of commencement:
1 April 2016.]
(b) where that supply is a supply to which section 8 (3) refers, on the day after the last day of the period during which the recipient may exercise the right under section 121 of the National Credit Act, 2005 (Act 34 of 2005), to rescind the agreement;
[Para. (b) substituted by s. 172 (2) of Act 34 of 2005 and by s. 28 (1) of Act 36 of 2007.]
(e)
(ii) in the case of the recipient of such supply at the time the coin, paper currency or token is inserted into that machine, meter or other device by or on behalf of the recipient or when payment is tendered through other means;
[Para. (d) substituted by s. 27 of Act 8 of 2010.] where the provisions of section 8 (9) are applicable in respect of the consignment or delivery of goods at an address outside the Republic or the provision of any service by a vendor to his branch or main branch at the time the goods are consigned or delivered to such branch or the service is performed, as the case may be.
(c)
(d)
where that supply is a supply to which section 8 (4) refers, at the time at which the goods are delivered to the recipient: Provided that in any case in which a supply of services is deemed to take place under section 8 (4) (b), that supply of services shall be deemed to take place at the time that the agreement of sale is cancelled or terminates;
where the supply is for a consideration in money received by the supplier by means of any machine, meter or other device operated by a coin, paper currency, token or by any other means—
(i) in the case of such supplier, at the time any such coin, paper currency or token is taken from that machine, meter or other device by or on behalf of the supplier or an amount is received by the supplier by other means; and
(c)
(d)
(e)
[Para. (e) substituted by s. 25 (a) of Act 136 of 1991 and by s. 167 of Act 45 of 2003.]
(3) Notwithstanding anything in subsection (1) or (2) of this section—
(a)
(b)
where goods are supplied under any rental agreement or where services are supplied under any agreement or law which provides for periodic payments, they shall be deemed to be successively supplied for successive parts of the period of the agreement or as determined by such law, and each of the successive supplies shall be deemed to take place when a payment becomes due or is received, whichever is the earlier;
where and to the extent that—
(i) goods are supplied progressively or periodically
under any agreement or law which provides for the consideration for that supply to be paid in instalments or periodically and in relation to the progressive or periodic supply of those goods; or
(ii) goods or services supplied directly in the construction, repair, improvement, erection, manufacture, assembly or alteration of goods are supplied under any agreement or law which provides for the consideration for that supply to become due and payable in instalments or periodically in relation to the progressive nature of the work,
those goods or services shall be deemed to be successively supplied, and each such successive supply shall be deemed to take place whenever any payment in respect of any supply becomes due, is received, or any invoice relating only to that payment is issued, whichever is the earliest;
where goods are supplied under an instalment credit agreement, that supply shall, subject to the provisions of subsection (2) (b), be deemed to take place at the time the goods are delivered or the time any payment of consideration is received by the supplier in respect of that supply, whichever time is earlier;
[Para. (c) substituted by s. 25 (b) of Act 136 of 1991.] where goods consisting of xed property or any real right therein are supplied under a sale, that supply shall be deemed to take place—
(i) . . .
[Sub-para. (i) deleted by s. 25 (a) of Act 97 of 1993.] (ii) where registration of transfer of the goods is effected in a deeds registry, on the date of such
registration; or
(iii) on the date on which any payment is made in
respect of the consideration for such supply, whichever date is earlier;
[Para. (d) amended by s. 25 (b) of Act 97 of 1993.]
where any supply of a service is deemed to be made as contemplated in section 8 (13), the service shall be deemed to be supplied to the extent that payment of any amount of the bet is made, and each such supply shall be deemed to take place whenever any
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Juta’s IndIrect tax 2016