Page 77 - Juta's Indirect Tax

s 44 VALUE-ADDED TAX ACT 89 OF 1991 s 44
44 Refunds
(1) . . .
[Sub-s. (1) amended by s. 37 (a) of Act 97 of 1993, by s. 100 (a) of Act 30 of 1998, by s. 98 (a) of Act 53 of 1999 and by s. 88 (a) of Act 20 of 2006 and deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.*]
(2) . . .
[Sub-s. (2) deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.*]
(d) the vendor has furnished the Commissioner in writing with particulars of the enterprise’s banking account or account with a similar institution to enable the Commissioner to transfer a refund or other amount due to the vendor to such account: Provided that where the vendor which is—
(i) a company that is not a resident of the Republic requests that a refund or other amount be transferred to a bank account or an account with a similar institution in the Republic other than that account of the vendor; or
(ii) (aa) a subsidiary company, as defined in section 1 of the Companies Act, 2008 (Act 71 of 2008), of a holding company, as defined in section 1 of that Act, requests that a refund or other amount be transferred to the bank account or the account with a similar institution in the Republic of that holding company;
(bb) a subsidiary company, as defined in section 1 of the Companies Act, 2008 (Act 71 of 2008), requests that a refund or other amount be transferred to the bank account or the account with a similar institution in the Republic of another subsidiary company of its holding company, as defined in section 1 of that Act; or
(cc) a holding company, as defined in section 1 of the Companies Act, 2008 (Act 71 of 2008), requests that a refund or other amount be transferred to the bank account or the account with a similar institution in the Republic of its subsidiary company, as defined in section 1 of that Act,
[Para. (ii) substituted by s. 180 (1) (b) of Act 31 of 2013 – date of commencement: 1 April 2014.]
the vendor must notify the Commissioner in writing and must indemnify the Commissioner against any loss by the vendor or the State as a result of such instruction.
[Para. (d) added by s. 168 (b) of Act 60 of 2001 and amended by s. 43 (1) of Act 61 of 2008.]
(4) . . .
[Sub-s. (4) amended by s. 37 (b) of Act 97 of 1993 and by s. 98 (c) of Act 53 of 1999, substituted by s. 88 (c) of Act 20 of 2006 and deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(5) . . .
[Sub-s. (5) deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(6) . . .
[Sub-s. (6) substituted by s. 100 (b) of Act 30 of 1998 and deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(7) Where the vendor has failed to furnish a return for any tax period as required by this Act, the Commissioner may withhold payment of any amount refundable to the vendor under section 190 of the Tax Administration Act until the vendor has furnished such return as so required.
[Sub-s. (7) substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(8) . . .
[Sub-s. (8) substituted by s. 42 (b) of Act 27 of 1997 and deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
Prelex
Wording of sub-ss. (1) and (2) of s. 44 in force until 1 October 2012 (when deletions, subject to footnote to new sub-ss. (1) and (2), came into effect)
(1) Any amount of tax which is refundable to any vendor in terms of section 16 (5) in respect of any tax period shall, to the extent that such amount has not been set off against unpaid tax in terms of subsection (6) of this section, be refunded to the vendor by the Commissioner: Provided that—
(i) the Commissioner shall not make a refund under this subsection unless the claim for the refund is received by the Commissioner within ve years after the end of the said tax period; or
(ii) where the amount that would be so refunded to the vendor is determined to be less than R100, or less than such other amount as the Commissioner may determine by notice in the Gazette, the amount so determined shall not be refunded in respect of the said tax period but shall be carried forward to the next succeeding tax period of the vendor and be accounted for as provided in section 16 (5).
(2) Subject to the provisions of subsection (3), where—
(a) any amount of tax, additional tax, penalty or interest paid by any person in terms of this Act to the Commissioner was in excess of the amount of tax, additional tax, penalty or interest, as the case may be, that should properly have been charged under this Act; or
(b) any amount refunded to a vendor in terms of subsection (1) was less than the amount properly
refundable under that subsection,
the Commissioner shall, on application by the person concerned, refund the amount of tax, additional tax, penalty or interest paid in excess or the amount by which the amount refunded was less than the amount properly refundable, as the case may be.
(3) The Commissioner shall not make a refund under Chapter 13 of the Tax Administration Act unless—
[Words in sub-s. (3) preceding para. (a) substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(a) . . .
[Para. (a) substituted by s. 42 (a) of Act 27 of 1997
and deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(b) . . .
[Para. (b) amended by s. 98 (b) of Act 53 of 1999,
substituted by s. 88 (b) of Act 20 of 2006 and deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(c) the Commissioner is satis ed that any amount of output tax claimed to be refundable to a vendor will, if such amount has been borne by any other person, in turn be refunded by the vendor to such other person;
* Except to the extent related to interest in respect of which the wording prior to the amendment applies – see Prelex.
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VALUE-ADDED TAX ACT