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VALUE-ADDED TAX ACT
Binding Rulings
BINDING PRIVATE RULINGS
Below is a list of all the Binding Private Rulings issued by SARS that are of relevance to the VAT Act. These rulings are
available on the SARS website* and are only binding on SARS in respect of the applicant based on speci c information disclosed during the ruling process. Even though other taxpayers may not rely on these rulings, it still gives an indication of SARS’ interpretation of the relevant tax legislation and can be useful when considering whether to apply for a similar ruling. For more information, refer to Chapter 7 of the TA Act.
BP RULING NO
DATE
NAME/SUBJECT
SECTION OF VAT ACT
001
3 September 2007
De nition of enterprise, zero-rating of salvage services, input tax deduction in respect of personal subsistence of employees
Section 1 de nitions of ‘enterprise’, ‘input tax’ and ‘vendor’, and ss 11, 17 and 23
004
3 September 2007
De nition of enterprise, exemption of goods on importation
Section 1 de nitions of ‘enterprise’, ‘input tax’ and ‘vendor’, and ss 7(1)(b), 13(3), 23(1) and Schedule 1 item 470.01
009
6 March 2008
Sale of an administration business
Section 11(1)(e)
015
6 March 2008
Supply of goods or services: vendors one and the same person – s. 8 (25) of the
VAT Act: acquisition of xed property – exemption from transfer duty – s. 9 (1) (l) of the Transfer Duty Act
Section 8(25) and s. 9(1)(l) of the Transfer Duty Act
017
14 July 2008
The supply of trophy, accommodation and services to a person who is not a resident of the Republic
Sections 11(2)(l) and 72
023
9 February 2009
Value-Added Tax (VAT) implications to the parties relating to the establishment of a residential township development
Section 1 de nitions of ‘enterprise’ and ‘input tax’ and ss 7(1)(a), 12(c), 16(2) and (3), 18(1) and 23(1)
026
19 February 2009
Sale of land subject to a lease with assignment of that lease – going concern subdivision of land and the subsequent transfer for no consideration portion of the business which will be acquired for purposes other than for use, consumption or supply in the course of making taxable supplies
Sections 10(4), 10(23), 11(1)(e) and 18A(1)
053
16 October 2009
Value-Added Tax implications arising from the construction of buildings by an entity and the subsequent donation of such buildings to another entity
Section 1 de nitions of ‘enterprise’ and ‘input tax’ and ss. 10(4) and (23), 16(3) and 18(1)
056
23 October 2009
Taxability of income and capital gains in the hand of vesting bene ciaries whether a resident or not
Section 1, de nition of ‘vendor’, and s. 23(1) of the VAT Act
058
26 October 2009
Acquisition of shares as a result of company restructuring and interest on a loan created in the restructuring process
Section 8(25) of the VAT Act
059
30 October 2009
Corporate rules – transfer of the assets of businesses conducted by a sole proprietor to companies and close corporations
Section 8(25) of the VAT Act
069
14 January 2010
VAT implications with regard to the supply of services in respect of which mitigation costs and mitigation services costs are received, the time of supply of such services and the deduction of VAT charged on such services as input
Section 1 de nition of ‘input tax’ and ss. 7(1)(a), 9(3), 16, 17 and 20
072
26 January 2010
VAT implications with regard to quali ed goods imported for processing and the subsequent exportation of the end products
Section 13(3), item 470.01/00.00/01.00 of First Schedule
* www.sars.gov.za > Legal & Policy > Interpretation & Rulings > Published Binding Rulings