Page 61 - Juta's Indirect Tax

s 19
(a) (b)
VALUE-ADDED TAX ACT 89 OF 1991 s 20
was reimbursed by the company for the whole amount of the consideration paid for the goods or services; and
acquired those goods or services for the purpose of an enterprise to be carried on by the company and has not used those goods or services for any purpose other than carrying on such enterprise,
(4) Except as the Commissioner may otherwise allow, and subject to this section, a tax invoice (full tax invoice) shall be in the currency of the Republic and shall contain the following particulars:
(a) The words ‘tax invoice’, ‘VAT invoice’ or ‘invoice’;
[Para. (a) substituted by s. 26 (a) of Tax Administration Laws Amendment Act, 2015 – date of commencement: date of promulgation of Tax Administration Laws Amendment Act, 2015.]
be deemed to be the recipient of the goods or services and to have paid the tax so charged as if the supply or the payment of the tax had been made during the tax period in which the reimbursement referred to in paragraph (a) is made: Provided that this section shall not apply in relation to any goods or services where—
(i) the supply of those goods or services by that person to the company is a taxable supply, or is a supply of second-hand goods not being a taxable supply; or
(ii) those goods or services were so acquired more than six months prior to the date of incorporation of the company; or
(iii) the company does not hold suf cient records to establish the particulars relating to the deduction to be made.
20 Tax invoices
(1) Except as otherwise provided in this section, a supplier, being a registered vendor, making a taxable supply (other than a supply contemplated in section 8 (10)) to a recipient, must within 21 days of the date of that supply issue a tax invoice containing such particulars as are speci ed in this section: Provided that—
(i) it shall not be lawful to issue more than one tax invoice for each taxable supply;
(ii) ifavendorclaimstohavelosttheoriginaltaxinvoice, the supplier or the recipient, as the case may be, may provide a copy clearly marked ‘copy’.
[Sub-s. (1) amended by s. 91 (a) of Act 53 of 1999 and by s. 104 (1) (a) of Act 32 of 2004.]
(1A) . . .
[Sub-s. (1A) inserted by s. 157 (a) of Act 60 of 2001 and deleted by s. 104 (1) (b) of Act 32 of 2004.]
(2) Where a recipient, being a registered vendor, creates a document containing the particulars speci ed in this section and purporting to be a tax invoice in respect of a taxable supply of goods or services made to the recipient by a supplier, being a registered vendor, that document shall be deemed to be a tax invoice provided by the supplier under subsection (1) of this section where—
(a) the Commissioner has granted prior approval for the
issue of such documents by a recipient or recipients of a speci ed class in relation to the taxable supplies or taxable supplies of a speci ed category to which the documents relate; and
(b) the supplier and the recipient agree that the supplier shall not issue a tax invoice in respect of any taxable supply to which this subsection applies; and
(c) such document is provided to the supplier and a copy thereof is retained by the recipient:
Provided that where a tax invoice is issued in accordance with this subsection, any tax invoice issued by the supplier in respect of that taxable supply shall be deemed not to be a tax invoice for the purposes of this Act.
(3) Where a supply of goods is deemed by section 8 (10) to be made and both the recipient and the supplier in relation to that supply are registered vendors, the recipient shall, within 21 days after the day on which such supply is deemed by section 9 (8) to be made, create and furnish to the supplier a document which contains the particulars speci ed in this section, and such document shall for the purposes of this Act be deemed to be a tax invoice provided by the supplier under subsection (1) of this section.
Juta’s IndIrect tax 2016
the name, address and VAT registration number of the
supplier;
[Para. (b) substituted by s. 47 (1) (a) of Act 16 of 2004.] (c) the name, address and, where the recipient is a registered
vendor, the VAT registration number of the recipient;
[Para. (c) substituted by s. 175 (1) of Act 45 of 2003 and by s. 47 (1) (b) of Act 16 of 2004.]
(b)
(d) (e)
an individual serialized number and the date upon which the tax invoice is issued;
full and proper description of the goods (indicating, where applicable, that the goods are second-hand goods) or services supplied;
[Para. (e) substituted by s. 157 (c) of Act 60 of 2001 and by s. 104 (1) (c) of Act 32 of 2004.]
(f) the quantity or volume of the goods or services supplied; (g) either—
(i) the value of the supply, the amount of tax charged and the consideration for the supply; or
(ii) where the amount of tax charged is calculated by applying the tax fraction to the consideration, the consideration for the supply and either the amount of the tax charged, or a statement that it includes a charge in respect of the tax and the rate at which the tax was charged:
[Para. (g) substituted by GN 2695 of 8 November 1991 and by s. 25 (1) (a) of Act 136 of 1992.]
Provided that the requirement that the consideration or the value of the supply, as the case may be, shall be in the currency of the Republic shall not apply to a supply that is charged with tax under section 11.
[Sub-s. (4) amended by s. 94 (a) and (b) of Act 30 of 1998 and by s. 157 (b) of Act 60 of 2001.]
(5) Notwithstanding anything in subsection (4), where the consideration in money for a supply does not exceed R5 000, a tax invoice (abridged tax invoice) shall be in the currency of the Republic and shall contain the particulars speci ed in that subsection or the following particulars:
[Words in sub-s. (5) preceding para. (a) substituted by s. 29 of Act 21 of 2012 – date of commencement: 20 December 2012.]
(a) The words ‘tax invoice’, ‘VAT invoice’ or ‘invoice’; [Para. (a) substituted by s. 26 (b) of Tax Administration
Laws Amendment Act, 2015 – date of commencement: date of promulgation of Tax Administration Laws Amendment Act, 2015.]
Prelex
Wording of para. (a) in force until promulgation of Tax Administration Laws Amendment Act, 2015
(a) The words ‘tax invoice’ in a prominent place;
(b)
the name, address and VAT registration number of the
supplier;
[Para. (b) substituted by s. 47 (1) (c) of Act 16 of 2004.] 53
Prelex
Wording of para. (a) in force until promulgation of Tax Administration Laws Amendment Act, 2015
(a) The words ‘tax invoice’ in a prominent place;
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