Page 274 - SAIT Compendium 2016 Volume1

s 47B INCOME TAX ACT 58 OF 1962 s 48
47B Imposition of tax
(1) Subject to subsection (3), there must be levied and paid for the bene t of the National Revenue Fund a tax, to be known as the tax on foreign entertainers and sportspersons, in respect of any amount received by or accrued to any person who is not a resident (in this Part referred to as the ‘taxpayer’) in respect of any speci ed activity exercised or to be exercised by that person or any other person who is not a resident.
(2) The tax on foreign entertainers and sportspersons is a nal tax and is levied at a rate of 15% on all amounts received by or accrued to a taxpayer as contemplated in subsection (1).
(3) Subsection (1) does not apply in respect of any person who is not a resident, if that person—
(a) is an employee of an employer who is a resident; and (b) is physically present in the Republic for a period or
periods exceeding 183 full days in aggregate during any 12 month period commencing or ending during the year of assessment in which the speci ed activity is exercised.
[S. 47B inserted by s. 44 (1) of Act 31 of 2005.]
47C Liability for payment of tax
(1) A taxpayer must, within 30 days (or within such further period as the Commissioner may approve) after an amount contemplated in section 47B is received by or accrues to that taxpayer, pay to the Commissioner the amount of tax which is leviable in terms of this Part in respect of that amount.
(2) This section does not apply to any amounts received by or accrued to the taxpayer—
(a) from which the full amount of tax has been withheld
by a resident in terms of section 47D; or
(b) which have been recovered from a resident who is personally liable for the amount in terms of section
47G (1).
[Sub-s. (2) substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
[S. 47C inserted by s. 44 (1) of Act 31 of 2005.]
47D Withholding of amounts of tax
(1) Any resident who is liable to pay to a taxpayer any amount contemplated in section 47B (1) must deduct or withhold from that payment the amount of tax for which the taxpayer is liable under that section in respect of that amount.
(2) A taxpayer from whom an amount has been deducted or withheld in terms of this section is deemed to have received the amount so deducted or withheld.
[S. 47D inserted by s. 44 (1) of Act 31 of 2005.]
47E Payment of amounts of tax deducted or withheld
(1) A resident must pay any amount deducted or withheld in terms of section 47D to the Commissioner before the end of the month following the month during which that amount was so deducted or withheld.
(2) The payment contemplated in subsection (1) is a payment made on behalf of the taxpayer in respect of his or her liability under section 47B.
[S. 47E inserted by s. 44 (1) of Act 31 of 2005.]
47F Submission of return
(1) A taxpayer must, together with the payment contemplated in section 47C (1), submit to the Commissioner a return.
[Sub-s. (1) substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(2) A resident who pays to the Commissioner any amount in terms of section 47E, must together with that payment submit to the Commissioner a return.
[Sub-s. (2) substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
[S. 47F inserted by s. 44 (1) of Act 31 of 2005.]
47G Personal liability of resident
(1) A resident who—
(a) fails to deduct or withhold an amount of tax in terms
of section 47D from any payment made to a taxpayer;
or
(b) deducts or withholds an amount of tax but fails to pay
that amount over in terms of section 47E,
is personally liable for payment of that amount of tax in accordance with Part A of Chapter 10 of the Tax Administration Act.
[Sub-s. (1) amended 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.]
(3) Subsection (1) (a) does not apply where the taxpayer has in terms of section 47C (1) paid to the Commissioner the amount of tax payable under this Part in respect of the payment from which the resident has so failed to deduct or withhold the tax.
[S. 47G inserted by s. 44 (1) of Act 31 of 2005.]
47H and 47I . . .
[Ss. 47H and 47I inserted by s. 44 (1) of Act 31 of 2005 and repealed by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
47J Currency of payments made to Commissioner
If an amount deducted or withheld by a resident in terms of section 47D is denominated in any currency other than the currency of the Republic, the amount so deducted or withheld and paid to the Commissioner must be translated to the currency of the Republic at the spot rate on the date on which that amount was so deducted or withheld.
[S. 47J inserted by s. 44 (1) of Act 31 of 2005.]
47K Noti cation of speci ed activity
Any resident who is primarily responsible for founding, organising, or facilitating a speci ed activity in the Republic and who will be rewarded directly or indirectly for that function of founding, organising or facilitating must, in the manner and form prescribed by the Commissioner—
(a) notify the Commissioner of that speci ed activity within 14 days after the agreement relating to that founding, organising or facilitating of that speci ed activity has been concluded; and
(b) provide to the Commissioner such other details relating thereto as may be required by the Commissioner.
[S. 47K inserted by s. 44 (1) of Act 31 of 2005.]
Part IV
Turnover tax payable by micro businesses (ss. 48–48C)
[Part IV (ss. 48-48C) inserted by s. 54 (1) of Act 60 of 2008.]
48 De nitions
For purposes of this Part, unless the context otherwise indicates, any word or expression that has been de ned in section 1 shall bear the meaning so de ned and any word or expression that has been de ned in the Sixth Schedule shall bear the meaning so de ned.
[S. 48 substituted by s. 30 of Act 89 of 1969, amended by s. 23 (1) of Act 65 of 1973, by s. 33 of Act 85 of 1974 and by s. 19 (1) of Act 103 of 1976, repealed by s. 30 (1) of Act 101 of 1990 and inserted by s. 54 (1) of Act 60 of 2008.]
266 SAIT CompendIum oF TAx LegISLATIon VoLume 1