Page 541 - Juta's Indirect Tax

Cost recovery fees TAX ADMINISTRATION ACT: REGULATIONS AND NOTICES Rejected applications G N V MAGASHULA
COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE SCHEDULE
1 General
Any term or expression contained in this notice to which a meaning has been assigned in a tax Act as de ned in section 1 of the Tax Administration Act, 2011, has the meaning so assigned, unless the context indicates otherwise, and the following terms have the following meaning:
‘small, medium and micro enterprise’ is—
(a) any person, excluding a listed company, if the gross income for the most recent year of assessment did not exceed
the amount prescribed in the de nition of ‘small business corporation’ under section 12E(4)(a)(i) of the Income Tax
Act, 1962; and
(b) in respect of applications for VAT rulings only, any partnership, where the gross income for the most recent year
of assessment did not exceed the amount prescribed in the de nition of ‘small business corporation’ under section
12E(4)(a)(i) of the Income Tax Act, 1962.
‘urgent applications’ are applications led less than 40 business days, but more than 20 business days before a
proposed transaction. No application will be accepted less than 20 days prior to the proposed transaction taking place. ‘direct costs’ may include travel costs or the costs incurred in obtaining the services of a consultant or expert when
necessary to advise on the technical aspects of a proposed transaction.
2 Application fees
Applicant
Small, medium and micro enterprises (SMME) Any other taxpayer
3 Cost recovery fees
Application fee
R2 500 R14 000
3.1 A cost recovery fee of R650 per hour will be applicable to all non-urgent applications and R1 000 per hour to urgent applications.
3.2 In addition, any direct costs incurred in connection with an application will be recovered.
3.3 Direct costs may not be incurred without rst having obtained the prior approval of the applicant in writing.
4 Commencement
The fees as contained in this Notice are applicable to applications received on or after the date of publication of this Notice in the Government Gazette.
ADDITIONAL CONSIDERATIONS IN TERMS OF SECTION 80 (2) OF THE ACT IN RESPECT OF WHICH AN APPLICATION FOR A BINDING PRIVATE RULING OR A BINDING CLASS RULING MAY BE REJECTED Published under
GN 103 in GG 36119 of 8 February 2013
In terms of section 80 (2) of the Tax Administration Act, 2011, I, George Ngakane Virgil Magashula, Commissioner for the South African Revenue Service, hereby prescribe in the Schedule hereto, the additional considerations in respect of which an application for a binding private ruling or a binding class ruling may be rejected.
(Signed)
G N V MAGASHULA
COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE
SCHEDULE
1 General
Any term or expression contained in this notice to which a meaning has been assigned in a tax Act as de ned in section 1 of the Tax Administration Act, 2011, has the meaning so assigned, unless the context indicates otherwise.
2 List of additional considerations in respect of which the Commissioner may reject an application for a binding private ruling or a binding class ruling
The aspects in respect of which SARS may reject an application for a binding private ruling or a binding class ruling, is hereby extended by the following items for the indicated tax Acts.
Income Tax Act, 1962 (Act 58 of 1962)
2.1. The deductibility of expenditure relating to the taking over of liabilities or of provisions upon the acquisition of a business.
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