Page 376 - Juta's Indirect Tax

IN 40 (2) VaLue-added tax act: InterPretatIOn nOtes IN 40 (2) Interpretation Note 40 (Issue 2)
DATE: ACT: SECTIONS:
SUBJECT:
Preamble
30 March 2012
VALUE-ADDED TAX ACT 89 OF 1991 (THE VAT ACT)
SECTIONS 1, 7, 8, 9, 10, 11, 12, 13 AND 18 AND ITEM 498.00 IN PARAGRAPH 8 OF SCHEDULE 1
VAT TREATMENT OF THE SUPPLY OF GOODS OR SERVICES TO AND/ OR FROM A CUSTOMS CONTROLLED AREA OF AN INDUSTRIAL DEVELOPMENT ZONE
CONTENTS
1. Purpose
2. Introduction
3. The law
4. Meanings attached to words, phrases and acronyms used in this interpretation note
5. Application of the law
5.1 Supply of imported movable goods by a RSA Storage Warehouse to a CCAE Storage Warehouse
5.2 Supply of imported movable goods by a RSA Storage Warehouse to a CCAE Rebate Stockist/Manufacturer/IDZ
Operator
5.3 Supply of imported movable goods by a CCAE Storage Warehouse to a RSA Storage Warehouse
5.4 Supply of movable goods by a Foreign Supplier to a CCAE Rebate Stockist/Manufacturer/ IDZ Operator where the
movable goods are imported and entered into a CCA
5.5 Supply of movable goods by a Foreign Supplier to a CCAE Storage Warehouse where the movable goods are
imported and entered into a CCA
5.6 Supply of movable goods consigned or delivered by a CCAE Rebate Stockist/Manufacturer to a Recipient at an
address in an export country – Direct export
5.7 Supply of movable goods by a CCAE Rebate Stockist/Manufacturer to a Qualifying Purchaser who takes delivery
of the movable goods in the Republic and subsequently exports the movable goods to an export country – Indirect
export – Part One of the Scheme.
5.8 Supply of movable goods by a CCAE Rebate Stockist/Manufacturer to a Qualifying Purchaser whereby the CCAE
Rebate Stockist/Manufacturer ensures that the movable goods are initially delivered to a designated commercial airport or harbour from where the Qualifying Purchaser or the Qualifying Purchaser’s cartage contractor will export the movable goods – Indirect export – Part Two of the Scheme
5.9 Supply of imported movable goods by a CCAE Storage Warehouse to a Foreign Purchaser where such goods will be exported by either party
5.10 Supply of imported or locally sourced movable goods by a CCAE Rebate Stockist/Manufacturer to a RSA Rebate Stockist/Manufacturer
5.11 Supply of imported movable goods by a RSA Rebate Stockist/Manufacturer to a CCAE Rebate Stockist/Manufacturer 5.12 Supply of movable goods by a Supplying Vendor to a CCAE/IDZ Operator where the CCAE/IDZ Operator, or the CCAE/IDZ Operator’s cartage contractor takes delivery of the movable goods outside a CCA but within the Republic 5.13 Supply of movable goods by a Supplying Vendor to a CCAE/IDZ Operator where the Supplying Vendor/Supplying
Vendor’s cartage contractor physically delivers the movable goods to the CCAE/IDZ Operator in a CCA
5.14 Supply of movable goods by a Supplying Vendor to a CCAE/IDZ Operator in terms of a rental agreement, charter
party or agreement for chartering and such goods are used exclusively in a CCA
5.15 Supply of services that are physically rendered in a CCA by a Supplying Vendor to a CCAE/ IDZ Operator
5.16 Movable goods originally supplied in terms of a rental agreement, charter agreement or agreement for charter that
are subsequently returned by a CCAE to the Supplying Vendor
5.17 Supply of imported movable goods by a CCAE Storage Warehouse to a Receiving Vendor in the Republic
5.18 Supply of movable goods by a CCAE Rebate Stockist/Manufacturer to a Receiving Vendor in the Republic 5.19Deemed supply of goods by a CCAE/IDZ Operator where imported or locally sourced movable goods are
temporarily removed from a place in a CCA to a place outside the CCA, situated in the Republic, and those goods
are not returned to the CCA within 30 days of removal or within a period arranged in writing with the Controller 5.20 A Vendor permanently moves imported movable goods out of a CCAE Storage Warehouse to the Vendor’s retail
outlet situated in the Republic but outside a CCA
5.21Supply of imported movable goods by a Supplying CCAE Storage Warehouse to a Receiving CCAE Storage
Warehouse in the same or a different CCA
5.22Supply of movable goods by a Supplying CCAE Rebate Stockist/Manufacturer to a Receiving CCAE Rebate
Stockist/Manufacturer in the same CCA (or in a different CCA)
5.23 Supply of imported movable goods by a CCAE Storage Warehouse to a CCAE Rebate Stockist/Manufacturer in the
same CCA (or in a different CCA)
5.24 Supply of movable goods in terms of a rental agreement, charter party or agreement for chartering by a Supplying
CCAE to a Receiving CCAE for exclusive use in the same CCA or another CCA
5.25 Supply of services by a Supplying CCAE which are physically rendered to a Receiving CCAE in the same CCA or
another CCA
5.26 Supply of xed property situated in a CCA to an IDZ Operator/CCAE
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Juta’s IndIrect tax 2016