Page 522 - SAIT Compendium 2016 Volume1

s 24 VALUE-ADDED TAX ACT 89 OF 1991 s 27
last day of the tax period during which all such enterprises ceased, or from such other date as may be determined by the Commissioner.
[Sub-s. (3) amended by s. 93 (a) of Act 53 of 1999.]
(4) Any noti cation by a vendor in terms of subsection (3) shall be made in writing to the Commissioner and shall state the date upon which that vendor ceased to carry on all enterprises and whether or not that vendor intends to carry
on any enterprise within 12 months from that date.
(5) Where the Commissioner is satisfied that a vendor— (a) no longer complies with the requirements for registration as contemplated in section 23 (1) and (3);
or
(b) has failed to furnish the Commissioner with a return
reflecting such information as may be required for the purposes of the calculation of tax in terms of section 14 or 16,
the Commissioner may cancel such vendor’s registration with effect from the last day of the tax period during which the Commissioner is so satisfied, or from such other date as may be determined by the Commissioner: Provided that where such person lodges an objection against the Commissioner’s decision under this subsection the cancellation of that person’s registration shall not take effect until such time as the Commissioner’s decision becomes final and conclusive.
[Sub-s. (5) substituted by s. 21 of Act 20 of 1994, by s. 93 (b) of Act 53 of 1999 and by s. 179 (1) of Act 31 of 2013 – date of commencement: 1 April 2014.]
(6) Where any person has been registered as a vendor in consequence of an application made by him under section 23 (3) and subsequent to the registration of that person as a vendor it appears to the Commissioner that such person’s registration should be cancelled by reason of any of the circumstances referred to in section 23 (7), the Commissioner may cancel such person’s registration with effect from a date determined by the Commissioner: Provided that where such person lodges an objection against the Commissioner’s decision under this subsection the cancellation of that person’s registration shall not take effect until such time as the Commissioner’s decision becomes nal and conclusive.
(7) The Commissioner shall give written notice to the person concerned of his decision to cancel such person’s registration in terms of this section or of his refusal to cancel such registration.
25 Vendor to notify change of status
In addition to any requirement under the Tax Administration Act, every vendor shall within 21 days notify the Commissioner in writing of—
[Words in s. 25 preceding para. (a) substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(a) any change in the constitution or nature of the principal enterprise or enterprises of that vendor; [Para. (a) substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(b) any change of address at or from which, or the name in which, any enterprise is carried on by that vendor;
(c) any change whereby that vendor ceases to satisfy
the conditions provided in section 15 (2), where the Commissioner has given a direction in respect of that vendor in terms of that section;
(d) any change whereby the provisions of section 27 (3) (a) become applicable in the case of that vendor;
(dA) any change whereby the provisions of section 27
(4B) (a) cease to apply in respect of that vendor; [Para. (dA) inserted by s. 10 (1) of Act 10 of 2005.]
(e)
any change in the composition of the members of a partnership or joint venture;
[Para. (e) inserted by s. 96 of Act 30 of 1998.]
(f) . . .
[Para. (f) inserted by s. 94 of Act 53 of 1999 and deleted
by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(g)
any change whereby the provisions of section 27 (4) (a) (iii) are no longer applicable in the case of that vendor;
[Para. (g) inserted by s. 40 of Act 34 of 2004 and substituted by s. 21 (1) of Act 39 of 2013 – date of commencement: 1 March 2014; the substituted paragraph applies in respect of tax periods commencing on or after that date.]
(h) any changes in the majority ownership of any company.
[Para. (h) added by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
[S. 25 amended by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
26 Liabilities not affected by person ceasing to be vendor
The obligations and liabilities under this Act or the Tax Administration Act of any person in respect of anything done, or omitted to be done, by that person while that person is a vendor shall not be affected by the fact that that person ceases to be a vendor, or by the fact that, being registered as a vendor, the Commissioner cancels that person’s registration as a vendor.
[S. 26 substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
PART IV
RETURNS, PAYMENTS AND ASSESSMENTS (ss. 27–31B)
27 Tax period
(1) For the purposes of this section—
‘Category A’ means the category of vendors whose tax periods are periods of two months ending on the last day of the months of January, March, May, July, September and November of the calendar year;
‘Category B’ means the category of vendors whose tax periods are periods of two months ending on the last day of the months of February, April, June, August, October and December of the calendar year;
‘Category C’ means the category of vendors whose tax periods are periods of one month ending on the last day of each of the 12 months of the calendar year;
‘Category D’ means the category of vendors whose tax periods are periods of six months ending on the last day of February and August of the calendar year or, where any vendor falling within this category makes written application therefor, on the last day of such other months as the Commissioner may approve;
‘Category E’ means the category of vendors whose tax periods are periods of twelve months ending on the last day of their ‘year of assessment’ as de ned in section 1 of the Income Tax Act or where any vendor falling within this category makes written application therefor, on the last day of such other month as the Commissioner may approve;
[De nition of ‘Category E’ added by s. 78 (1) (a) of Act 30 of 2000.]
‘Category F’ ...
[De nition of ‘Category F’ added by s. 11 (1) (a) of Act 10 of 2005 and deleted by s. 28 (1) (a) of Act 44 of 2014 – date of
commencement: 1 July 2015; the deletion applies iro tax periods commencing on or after that date.]
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SAIT CompendIum oF TAx LegISLATIon VoLume 1