Page 342 - SAIT Compendium 2016 Volume1

Fourth Schedule INCOME TAX ACT 58 OF 1962 Fourth Schedule
(6) . . .
[Sub-para. (6) added by s. 27 of Act 90 of 1964 and deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(7) The provisions of subparagraphs (3) and (4) shall not apply where the liability of a provisional taxpayer for normal tax is estimated in accordance with any tables prescribed for his use under the provisions of subparagraph (5) and not withdrawn under the provisions of subparagraph (6).
[Sub-para. (7) added by s. 27 of Act 90 of 1964 and substituted by s. 41 (d) of Act 88 of 1971.]
(8) . . .
[Sub-para. (8) added by s. 51 of Act 101 of 1990, substituted by s. 271 of Act 28 of 2011 (date of commencement:
1 October 2012) and deleted by s. 14 (b) of Tax Administration Laws Amendment Act, 2015 – date of commencement: date of promulgation of Tax Administration Laws Amendment Act, 2015.]
EXEMPTIONS (para. 18)
18. . . .
[Para. 18 substituted by s. 28 of Act 90 of 1964 and amended by s. 42 of Act 88 of 1971, s. 49 (1) of Act 85 of 1974, s. 19 of Act 104 of 1979, s. 26 (1) of Act 65 of 1986, s. 23 of Act 70 of 1989, s. 50 of Act 113 of 1993, s. 37 (1) of Act 36 of 1996, s. 24 of Act 19 of 2001, s. 34 of Act 30 of 2002, s. 58 of Act 74 of 2002, s. 24 of Act 16 of 2004, s. 47 of Act 32 of 2004, s. 53 (1) of Act 31 of 2005, s. 2 (2) (b) of Act 8 of 2007, s. 1 (2) (c) of Act 3 of 2008, s. 22 (a) of Act 18 of 2009, s. 96 (1) of Act 24 of 2011, s. 21 of Act 21 of 2012 and s. 8 (1) of Act 44 of 2014 and repealed by s. 15 of Tax Administration Laws Amendment Act, 2015 – date of commencement: date of promulgation of Tax Administration Laws Amendment Act, 2015.]
Prelex
Wording of sub-para. (8) in force until its deletion wef date of promulgation of Tax Administration Laws Amendment Act, 2015
(8) Every person who is a provisional taxpayer shall apply to the Commissioner for registration as a provisional taxpayer in accordance with Chapter 3 of the Tax Administration Act.
Prelex
Wording of para. 18 in force until its repeal wef date of promulgation of Tax Administration Laws Amendment Act, 2015
18. (1) There shall be exempt from payment of provisional tax— (a) . . .
[Item (a) substituted by s. 28 of Act 90 of 1964, amended by s. 19 of Act 104 of 1979 and by s. 24 (a) of Act 19 of 2001, substituted by s. 34 (a) of Act 30 of 2002 and by s. 47 of Act 32 of 2004 and deleted by s. 53 (1) (a) of Act 31 of 2005.]
(b) any person in respect of whose liability for normal tax for the relevant year of assessment payments are required to be made under section thirty-three of this Act;
[Item (b) substituted by s. 24 (a) of Act 16 of 2004.]
(c) any natural person who does not derive any income from the carrying on of any business, if—
(i) the taxable income of that person for the relevant year of assessment will not exceed the tax threshold; or (ii) the taxable income of that person for the relevant year of assessment which is derived from interest, foreign
dividends and rental from the letting of xed property will not exceed R30 000;
[Item (c) deleted by s. 24 (b) of Act 16 of 2004, inserted by s. 53 (1) (b) of Act 31 of 2005, amended by s. 2 (2) (b) of Act 8 of 2007 and by s. 1 (2) (c) of Act 3 of 2008 and substituted by s. 96 (1) (a) of Act 24 of 2011 (date of commencement: 1 April 2012) and by s. 8 (1) (a) of Act 44 of 2014 – substitution comes into operation for years of assessment commencing on or after 1 March 2015.]
(d) . . .
[Item (d) added by s. 42 of Act 88 of 1971, deleted by s. 49 (1) of Act 85 of 1974, added by s. 26 (1) of Act 65 of 1986,
amended by s. 23 of Act 70 of 1989, by s. 50 of Act 113 of 1993, by s. 37 (1) of Act 36 of 1996, by s. 24 (b) of Act 19 of 2001, by s. 2 (2) (b) of Act 8 of 2007, by s. 1 (2) (c) of Act 3 of 2008, by s. 22 (a) of Act 18 of 2009 and by s. 96 (1) (b) of Act 24 of 2011 and deleted by s. 8 (1) (b) of Act 44 of 2014* – date of commencement: the deletion comes into operation for years of assessment commencing on or after 1 March 2015.]
(2) Any taxable capital gain of a company resulting from the application of the deemed disposal rules under section 29B of the Act for years of assessment ending on or after 29 February 2012 but not later than 31 October 2012, is exempt from provisional tax.
[Sub-para. (2) deleted by s. 58 of Act 74 of 2002 and inserted by s. 21 of Act 21 of 2012 – date of commencement: 20 December 2012.]
(3) . . .
[Sub-para. (3) amended by s. 34 (b) of Act 30 of 2002 and deleted by s. 58 of Act 74 of 2002 – date of commencement: 20 December 2012.]
(4) and (5) . . .
[Sub-paras. (4) and (5) deleted by s. 58 of Act 74 of 2002.]
* The prelex text iro item (d) published in the 2015 Compendium on p. 314 was not correct. The correct text can be found in the 2014 Compendium on p. 330.
334 SAIT CompendIum oF TAx LegISLATIon VoLume 1