Page 34 - SAIT Compendium 2016 Volume2

Electronic communication INCOME TAX ACT: REGULATIONS ANd NOTICES Rate per kilometre (c) not disclose to another person nor retain in any manner or form the information so obtained; and
(d) retain the record of the receipt of the information.
9. Record retention by an electronic communicator
(1) An electronic communicator must keep records of all electronic communications– (a) that must be retained under a tax Act;
(b) in compliance with–
(i) section 16 of the Electronic Communications and Transactions Act; and
(ii) the electronic form of record keeping prescribed in the public notice issued under section 30(1)(b) of the Act;
and
(c) for the period and for the purpose required by a tax Act.
(2) An electronic communication made by SARS or an electronic communicator in the ordinary course of business is on its production in proceedings under a tax Act admissible in evidence against a person and rebuttable proof of the facts therein contained.
(3) Where a copy or printout of, or an extract from, the communication referred to in subrule (2) is used, such copy, printout or extract must be certi ed to be correct by SARS or the representative taxpayer of the communicator.
(4) The certi cation by the representative taxpayer of the communicator under subrule (3) must include the particulars speci ed in rules 3 to 6 of the public notice issued under section 30(1)(b) of the Act.
NOTICE FIXING AMOUNT OF TAX IN DISPUTE FOR PURPOSES OF
APPEAL TO TAX BOARD
Promulgated under
GN 271 in GG 29742 of 28 March 2007
NOTICE FIXING AMOUNT OF TAX IN DISPUTE FOR PURPOSES OF APPEAL TO TAX BOARD IN TERMS OF SECTION 83A OF THE INCOME TAX ACT, 1962 AND SECTION 33A OF THE VALUE-ADDED TAX ACT, 1991
By virtue of the powers vested in me by section 83A (1) (a) of the Income Tax Act, 1962 (Act 58 of 1962), and section 33A (1) (a) of the Value-Added Tax Act, 1991 (Act 89 of 1991), I, Trevor Andrew Manuel, Minister of Finance, hereby x the amount of tax in dispute for purposes of the hearing of an appeal by the Tax Board at R500 000.
This notice applies in respect of any appeal noted on or after 1 May 2007.
FIXING OF RATE PER KILOMETRE IN RESPECT OF MOTOR VEHICLES FOR THE PURPOSES OF SECTION 8(1)(b)(ii) AND (iii) OF THE INCOME TAX ACT, 1962
Promulgated under
GN 175 in GG 38516 of 27 February 2015
Under section 8(1)(b)(ii) and (iii) of the Income Tax Act, 1962 (Act No. 58 of 1962), I, Nhlanhla Musa Nene, Minister of Finance, hereby determine that the rate per kilometre referred to in that section must be an amount determined in
accordance with the Schedule hereto.
NM NENE Minister of Finance
1 De nition
SCHEDULE
In this Schedule, ‘value’ in relation to a motor vehicle used by the recipient of an allowance as contemplated in section 8(1)(b)(ii) and (iii) of the Income Tax Act, 1962,means —
(a) where that motor vehicle (not being a motor vehicle in respect of which paragraph (b)(ii) of this de nition applies)
was acquired by that recipient under a bona de agreement of sale or exchange concluded by parties dealing at arm’s length, the original cost thereof to him/her, including any sales tax or value-added tax but excluding any nance charge or interest payable by him/her in respect of the acquisition thereof;
(b) where that motor vehicle –
(i) is held by that recipient under a lease contemplated in paragraph (b) of the de nition of ‘instalment credit
agreement’ in section 1 of the Value-Added Tax Act, 1991; or
(ii) was held by him/her under such a lease and the ownership thereof was acquired by him/her on the termination
of the lease,
the cash value thereof as contemplated in the de nition of ‘cash value’ in section 1 of the Value-Added Tax Act; or
(c) in any other case, the market value of that motor vehicle at the time when that recipient rst obtained the vehicle or the right of use thereof, plus an amount equal to the sales tax or value added tax which would have been payable in respect of the purchase of the vehicle had it been purchased by the recipient at that time at a price equal to that market value.
26
SAIT CompendIum oF TAx LegISLATIon VoLume 2