Page 341 - SAIT Compendium 2016 Volume1

Fourth Schedule INCOME TAX ACT 58 OF 1962 Fourth Schedule
(1A) . . . (2) . . .
[Sub-para. (1A) inserted by s. 7 of Act 30 of 1984 and deleted by s. 43 of Act 21 of 1995.]
[Sub-para. (2) deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(3) Every person who is registered as an employer shall within 14 days after ceasing to be an employer, notify the
Commissioner in writing of the fact of the employer having ceased to be an employer.
[Sub-para. (3) substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(4) . . .
16. . . .
[Para. 16 amended by s. 86 (a) and (b) of Act 45 of 2003, by s. 23 of Act 16 of 2004, by s. 52 of Act 31 of 2005, by s. 45 of Act 3 of 2008 and by s. 17 of Act 61 of 2008 and repealed by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
PART III PROVISIONAL TAX (paras. 17–27)
PAYMENT OF PROVISIONAL TAX (para. 17)
17. (1) Every provisional taxpayer shall in the manner provided in this Part make payments (called provisional tax) to
the Commissioner in respect of his liability for normal tax in respect of every year of assessment.
[Sub-para. (1) substituted by s. 41 (a) of Act 88 of 1971.]
(2) . . .
[Sub-para. (2) deleted by s. 41 (b) of Act 88 of 1971.]
(3) Where for the purpose of determining any amount of provisional tax required to be paid by any provisional
taxpayer in respect of any year of assessment the liability of such taxpayer for normal tax is required to be estimated in respect of such year, such liability shall be deemed to be the amount of normal tax which, calculated at the relevant rate referred to in subparagraph (4), would be payable by the provisional taxpayer in respect of the amount of taxable income estimated by such taxpayer in terms of paragraph 19 (1) during the period prescribed by this Schedule for the payment of the said amount of provisional tax or if the amount so estimated has been increased by the Commissioner in terms of paragraph 19 (3), the amount of normal tax which, calculated at the said rate, would be payable by the provisional taxpayer in respect of the amount of taxable income as so increased, or if the Commissioner has estimated the provisional taxpayer’s taxable income in terms of paragraph 19 (2), the amount of normal tax which, calculated at the said rate, would be payable by the provisional taxpayer in respect of the amount of taxable income so estimated.
[Sub-para. (3) substituted by s. 41 (c) of Act 88 of 1971 and by s. 14 (a) of Tax Administration Laws Amendment Act, 2015 – date of commencement: date of promulgation of Tax Administration Laws Amendment Act, 2015.]
[Sub-para. (4) deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
Prelex
Wording of sub-para. (3) in force until its substitution wef date of promulgation of Tax Administration Laws Amendment Act, 2015
(3) Where for the purpose of determining any amount of provisional tax required to be paid by any provisional taxpayer in respect of any year of assessment the liability of such taxpayer for normal tax is required to be estimated in respect of such year, such liability shall be deemed to be the amount of normal tax which, calculated at the relevant rate referred to in subparagraph (4), would be payable by the provisional taxpayer in respect of the amount of taxable income estimated by such taxpayer in terms of paragraph 19 (1) during the period prescribed by this Schedule for the payment of the said amount of provisional tax, or any extension of such period granted in terms of paragraph 25 (2), or if the amount so estimated has been increased by the Commissioner in terms of paragraph 19 (3), the amount of normal tax which, calculated at the said rate, would be payable by the provisional taxpayer in respect of the amount of taxable income as so increased, or if the Commissioner has estimated the provisional taxpayer’s taxable income in terms of paragraph 19 (2), the amount of normal tax which, calculated at the said rate, would be payable by the provisional taxpayer in respect of the amount of taxable income so estimated.
(4) For the purposes of any calculation of normal tax under subparagraph (3) the rate at which such tax is to be calculated shall be the relevant rate which on the date of payment of the provisional tax in question is in force in respect of the year of assessment in respect of which such provisional tax is required to be paid under this Schedule, or if at the said date the rate has not been xed, the relevant rate in respect of that year foreshadowed by the Minister of Finance in his budget statement, or if at that date the rate has not been xed or so foreshadowed, the relevant rate which is in force in respect of the latest preceding year of assessment in respect of which rates have been xed by Parliament.
[Sub-para. (4) substituted by s. 41 (c) of Act 88 of 1971 and by s. 33 of Act 103 of 1976.]
(5) The Commissioner may from time to time, having regard to the rates of normal tax as xed by Parliament or foreshadowed by the Minister in his or her budget statement or to the rebates applicable in terms of section 6 (2) of this Act and taking into account any other factors having a bearing upon the probable liability of taxpayers for normal tax, prescribe tables for optional use by provisional taxpayers falling within any category speci ed by the Commissioner, or by provisional taxpayers generally, for the purpose of estimating the liability of such taxpayers for normal tax, and the Commissioner may prescribe the manner in which such tables shall be applied together with the period for which such
tables shall remain in force.
[Sub-para. (5) added by s. 27 of Act 90 of 1964, substituted by s. 41 (c) of Act 88 of 1971 and by s. 33 of Act 103 of 1976, amended by s. 30 of Act 104 of 1980 and substituted by s. 57 of Act 59 of 2000, by s. 271 of Act 28 of 2011 and by s. 12 (1) of Act 39 of 2013 – substitution deemed to come into operation on 1 January 2013.]
SAIT CompendIum oF TAx LegISLATIon VoLume 1 333
INCOME TAX ACT – SCHEDULES