Page 526 - Juta's Indirect Tax

BGR 019 VALUE-ADDED TAX ACT: BinDing gEnErAL rULingS BGR 021
(i) A xed day, being a speci c day of the week.
(ii) A xed date, being a speci c date in a calendar month.
(iii) A xed day determined in accordance and consistent with the ‘commercial accounting periods’ applied by the
vendor.
This approval is conditional upon the following:
(a) In respect of the cut-off dates set out in the last-mentioned category, the vendor is required to retain the necessary
proof that the cut-off dates required are in accordance and consistent with its commercial accounting periods (for example, the minutes of a board meeting in which a decision was made regarding the entity’s commercial accounting period or proof of cut-off dates for management reporting purposes);
(b) In all instances where a change in cut-off dates is allowed, the rst day of the next tax period is the day following the last day of the previous tax period, or the xed day as approved by the Commissioner;
(c) Any cut-off date that is changed in accordance with this ruling must be for a future tax period and remain unchanged for a minimum period of 12 months under proviso (ii) to section 27(6);
(d) Notwithstanding any of the above, the cut-off date must fall within 10 days before or after the end of the tax period; and
(e) Failure to comply with the above will result in the imposition of interest under section 39 of the VAT Act and penalties under sections 210 and 213 of the TA Act, where applicable.
This ruling constitutes a BGR issued under section 89 of the TA Act.
3. General
A vendor who intends changing the date on which its tax period ends, and the date does not fall within one of the categories listed in 2, may apply for a VAT ruling or VAT class ruling in writing by sending an e-mail to VATRulings@ sars.gov.za or by facsimile to 086 540 9390. In this regard a clearly motivated application complying with the provisions of section 79 of the TA Act, excluding sections 79(4)(f) and (k) and (6), must be submitted. The cut-off dates requested must fall within the ambit of the10-day rule.
4. Period for which this ruling is valid
This BGR applies with effect from 1 May 2013 and will apply for an inde nite period.
DATE: ACT: SECTION: SUBJECT:
Preamble
BINDING GENERAL RULING (VAT): NO. 21
11 March 2014
VALUE-ADDED TAX ACT NO. 89 OF 1991
SECTION 20(4), (5), (5A) AND SECTION 21(3), (8)
ADDRESS TO BE REFLECTED ON A TAX INVOICE, CREDIT AND DEBIT NOTE
For the purposes of this ruling –
‘BGR’ means a binding general ruling issued under section 89 of the Tax Administration Act No. 28 of 2011; ’credit or debit note’ means a credit or debit note contemplated in section 21(3) and (8);
‘section’ means a section of the VAT Act;
‘tax invoice’ means a tax invoice contemplated in section 20(4), (5) and (5A);
‘VAT Act’ means the Value-Added Tax Act No. 89 of 1991; and
any word or expression bears the meaning ascribed to it in the VAT Act.
1. Purpose
This BGR sets out the various options available to vendors regarding the address that must be re ected on a tax invoice or a credit or debit note issued to a recipient, being a vendor or a non-resident.
2. Ruling
The address of the recipient and the supplier that must be re ected on a tax invoice, credit or debit note is either – • the physical address from where the enterprise is being conducted;
• the postal address of the enterprise; or
• both the physical and the postal address of the enterprise.
With regard to branches or divisions that are separately registered for VAT under section 50(1), the tax invoice, credit or debit note must re ect the address of the branch or division as listed above.
A tax invoice, credit or debit note issued for a zero-rated supply of goods or services made to a non-resident must re ect –
• the physical address of the non-resident in the foreign country; • the postal address of the non-resident; or
• both the physical and the postal address of the non-resident.
This ruling constitutes a BGR issued under section 89 of the Tax Administration Act No. 28 of 2011.
3. Period for which this ruling is valid
This BGR is effective from the date of issue and is valid for an inde nite period.
518 Juta’s IndIrect tax 2016