Page 542 - Juta's Indirect Tax

Rejected applications TAX ADMINISTRATION ACT: REGULATIONS AND NOTICES Returns submission
2.2. The qualifying allowance, contemplated in section 24C, in respect of future expenditure, that the Commissioner may determine.
2.3. The validity of the treatment of amounts as ‘salary sacri ces’ for remuneration purposes.
2.4. Requests that circumvent mechanisms enabling the Commissioner to issue directives. For example, this exclusion
will apply to directives as provided for in paragraph 3 of the Seventh Schedule.
2.5. The interpretation and application of the exemption under section 10(1)(c)(v), in relation to any agreement entered
into before 1 January 1990.
2.6. The deductibility of any expense incurred by an employer in order to transfer or extinguish, in whole or in part, its
post-retirement medical aid obligation to past and present employees (excluding deductions under section 12M), speci cally including, but not limited to—
(a) lump sum contributions to pension, provident or bene t funds;
(b) lump sum settlement payments made directly to employees;
(c) premiums paid by the employer to acquire annuity policies.
2.7. The deductibility, under section 11(a) or 24J(2) of interest incurred by a company on debt used to nance the
acquisition of shares in another company for the purpose of acquiring the underlying assets or business.
2.8. The determination of the place of effective management for purposes of the de nition of ‘resident’ in section 1. 2.9. The tax implications of transactions that involve a so-called purpose trust.
Value-Added Tax Act, 1991 (Act 89 of 1991)
2.10. Applications in which the supplier of goods or services is not the applicant or a co-applicant and the application pertains to the VAT liability of a supply of goods or services made by that supplier.
2.11. Con rmation that a person is acting as an agent or principal in respect of a supply of goods or services. 2.12. The application of section 8(15) and whether a supply of goods or services constitutes a single supply. 2.13. Con rmation whether or not any technical requirements are met in respect of electronic invoicing.
Donations tax
2.14. Considering the price or amount that would constitute ‘fair market value’ under section 55(1) of the Income Tax Act, 1962.
2.15. Any exercise of the Commissioner’s discretion under section 58(1) of the Income Tax Act, 1962, concerning the adequacy of consideration given for the disposal of property.
General
2.16. Applications concerning the attribution, allocation or apportionment of expenditure or input tax (from an income tax or VAT perspective), excluding a request for an alternative apportionment method in terms of section 41B of the Value-Added Tax Act, 1991.
2.17. Applications pertaining to the tax consequences of transactions contained in agreements which have already been concluded, except requests for—
(a) VAT rulings or VAT class rulings in terms of section 41 B of the Value-Added Tax Act, 1991; or
(b) the recon rmation of a ruling, prior to its expiry date, if the facts (including all the terms of the transaction) and
the applicable provisions of the relevant legislation remained the same.
2.18Applications involving transactions in respect of which material facts cannot be established at the time of the
application.
RETURNS OF INFORMATION TO BE SUBMITTED BY THIRD PARTIES IN TERMS OF SECTION 26 OF THE TAX ADMINISTRATION ACT, 2011 (ACT 28 OF 2011)
Promulgated under
GN 260 in GG 36346 of 5 April 2013
In terms of section 26 of the Tax Administration Act, 2011,I, George Ngakane Virgil Magashula, hereby require that the persons speci ed in the attached Schedule must submit returns for 2013 and following years by the dates speci ed in the Schedule.
(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 (Act 28 of 2011), has the meaning so assigned, unless the context indicates otherwise.
534 Juta’s IndIrect tax 2016