Page 327 - SAIT Compendium 2016 Volume1

Fourth Schedule INCOME TAX ACT 58 OF 1962 Fourth Schedule
except where such company or trust throughout the year of assessment employs three or more full-time employees who are on a full-time basis engaged in the business of such company or trust of rendering any such service, other than any employee who is a holder of a share in the company or settlor or beneficiary of the trust or is a connected person in relation to such person;
[Words following para. (c) substituted by s. 7 of Act 39 of 2013 (date of commencement: 1 January 2014) and by
s. 6 (1) (b) of Tax Administration Laws Amendment Act, 2015 (‘member’ replaced by ‘settlor or bene ciary’) – date of commencement: date of promulgation of Tax Administration Laws Amendment Act, 2015.]
[De nition of ‘personal service provider’ inserted by s. 66 (1) (f) of Act 60 of 2008.]
‘personal service trust’ . . .
[De nition of ‘personal service trust’ inserted by s. 52 (1) (c) of Act 30 of 2000, amended by s. 39 of Act 20 of 2006 and
by s. 54 (1) (b) of Act 8 of 2007 and deleted by s. 66 (1) (e) of Act 60 of 2008.] ‘provincial income tax’ . . .
[De nition of ‘provincial income tax’ deleted by s. 37 of Act 88 of 1971.]
‘provincial taxes’ . . .
[De nition of ‘provincial taxes’ deleted by s. 37 of Act 88 of 1971.]
‘provisional tax’ means any payment in respect of liability for normal tax required to be made in terms of paragraph
17;
‘provisional taxpayer’ means—
(a) any person (other than a company) who derives by way of income any amount which does not constitute remuneration
or an allowance or advance contemplated in section 8 (1);
(b) any company; and
(c) any person who is noti ed by the Commissioner that he or she is a provisional taxpayer,
but shall exclude—
(aa) any public bene t organisation as contemplated in paragraph (a) of the de nition of ‘public bene t organisation’ in
section 30 (1) that has been approved by the Commissioner in terms of section 30 (3);
(bb) any recreational club as contemplated in the de nition of ‘recreational club’ in section 30A (1) that has been
approved by the Commissioner in terms of section 30A (2);
(cc) any body corporate, share block company or association of persons contemplated in section 10 (1) (e);
[Para. (cc) substituted by s. 93 (a) of Act 24 of 2011 – date of commencement: 10 January 2012.] (dd) any—
(A) person in respect of whose liability for normal tax for the relevant year of assessment payments are required to be made under section 33;
(B) natural person who does not derive any income from the carrying on of any business, if –
(AA) the taxable income of that person for the relevant year of assessment does not exceed the tax threshold; or (BB) the taxable income of that person for the relevant year of assessment which is derived from interest,
dividends, foreign dividends and rental from the letting of xed property does not exceed R30 000;
[Para. (dd) added by s. 18 (1) (d) of Act 8 of 2010 and substituted by s. 6 (1) (d) of Tax Administration Laws Amendment Act, 2015 – date of commencement: date of promulgation of Tax Administration Laws Amendment Act, 2015.]
(ee) a small business funding entity; and
[Para. (ee) added by s. 7 (1) (c) of Act 44 of 2014 (date of commencement: 1 March 2015) and substituted by s. 6 (1) (d) of Tax Administration Laws Amendment Act, 2015 – date of commencement: date of promulgation of Tax Administration
[De nition of ‘provisional tax’ substituted by s. 6 (1) (c) of Tax Administration Laws Amendment Act, 2015 – date of commencement: date of promulgation of Tax Administration Laws Amendment Act, 2015.]
Prelex
Wording of de nition of ‘provisional tax’ in force until its substitution wef date of promulgation of Tax Administration Laws Amendment Act, 2015
‘provisional tax’ means any payment required to be made in terms of paragraph 17;
Prelex
Wording of para. (dd) in force until its substitution wef date of promulgation of Tax Administration Laws Amendment Act, 2015
(dd) a person exempt from payment of provisional tax in terms of paragraph 18; and
Laws Amendment Act, 2015.]
[Para. (ff) inserted by s. 6 (1) (e) of Tax Administration Laws Amendment Act, 2015 – date of commencement: 1 March
2016.]
[De nition of ‘provisional taxpayer’ amended by s. 47 (1) (b) of Act 85 of 1974, by s. 38 of Act 121 of 1984, by s. 44 (1) (a) of Act 129 of 1991, by s. 39 (g) of Act 20 of 2000, by s. 53 (1) (a) of Act 59 of 2000, by s. 46 (1) (a) of Act 32 of 2004, by s. 49 (1) (a) and (b) of Act 31 of 2005, by s. 54 (1) (c) of Act 8 of 2007 and by s. 43 (b) of Act 3 of 2008 and substituted by s. 17 (1) (a) of Act 18 of 2009.]
‘remuneration’ means any amount of income which is paid or is payable to any person by way of any salary, leave pay, wage, overtime pay, bonus, gratuity, commission, fee, emolument, pension, superannuation allowance, retiring allowance or stipend, whether in cash or otherwise and whether or not in respect of services rendered, including—
(a) any amount referred to in paragraph (a), (c), (cA), (cB), (d), (e), (eA) or (f) of the de nition of ‘gross income’ in
section 1 of this Act;
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(ff) a deceased estate;
INCOME TAX ACT – SCHEDULES