Page 527 - SAIT Compendium 2016 Volume1

s 38 VALUE-ADDED TAX ACT 89 OF 1991 s 39
the Commissioner may in his or her discretion and subject to such conditions as he or she may impose, agree to accept a payment of a deposit by such person of an amount equal to the estimated liability of such person for such tax.
[Sub-s. (2) substituted by s. 39 (1) of Act 32 of 2005.]
(3) Such payment shall be deemed to be a provisional payment in respect of the liability of the said person for such tax, as nally determined, and when such liability is so determined any amount paid in excess shall be refundable to such person and any amount short-paid shall be recoverable from him.
39 Penalty for failure to pay tax when due
[Heading substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.*]
(1) If any person who is liable for the payment of tax and is required to make such payment in accordance with the provisions of section 14, 28 (1) or 29, fails to pay any amount of such tax within the period for the payment of such tax speci ed in the said provisions, the Commissioner must, in accordance with Chapter 15 of the Tax Administration Act, impose a penalty equal to 10 per cent of the said amount of tax.
[Sub-s. (1) amended by GN 2695 of 8 November 1991, by s. 30 of Act 136 of 1992 and by s. 3 (a) and (b) of Act 61 of 1993 and substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.*]
(2) . . .
[Sub-s. (2) amended by s. 3 (c) of Act 61 of 1993 and deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.*]
(3) If any person who is liable for the payment of tax in accordance with the provisions of section 8 (2C) or 8 (2D) fails to pay any amount of such tax within the period allowed for the payment of such tax in terms of that section, the person shall, in addition to such amount of tax, pay where payment of the said amount of tax is made on or after the rst day of the month following the month during which the period allowed for payment of the tax ended, interest on the said amount of tax, calculated at the prescribed rate (but subject to the provisions of section 45A) for each month or part of a month in the period reckoned from the said rst day.
[Sub-s. (3) amended by s. 3 (d) of Act 61 of 1993, deleted by s. 105 (a) of Act 32 of 2004 and inserted by s. 114 (1) (a) of Act 60 of 2008.]
(4) Where any importer of goods which are required to be entered under the Customs and Excise Act, fails to pay any amount of tax payable in respect of the importation of the goods on the date on which the goods are entered under the said Act for home consumption in the Republic or the date on which customs duty is payable in terms of the said Act in respect of the importation or, if such duty is not payable, the date on which it would be so payable if it had been payable, whichever date is later, the Commissioner must, in accordance with Chapter 15 of the Tax Administration Act, impose on that importer a penalty equal to 10 per cent of the said amount of tax.
* Except to the extent related to interest in respect of which the wording prior to the amendment applies — see Prelex.
SAIT CompendIum oF TAx LegISLATIon VoLume 1 519
subject to the provisions of section 45A) for each month or part of a month in the period reckoned from the said rst day.
(b) Where any amount of tax has in relation to any tax period of any vendor been refunded to the vendor in terms of the provisions of section 44 (1), read with section 16 (5), or has in relation to that period been set off against unpaid tax in terms of the provisions of section 44 (6), and such amount was in whole or in part not properly refundable to the vendor under section 16 (5), so much of such amount as was not properly so refundable shall for the purposes of paragraph (a) (i) be deemed to be an amount of tax required to be paid by the vendor within the said period and for the purposes of paragraph (a) (ii), an amount of tax required to be paid by the vendor during the period in which the refund was made.
(2) If any person who is liable for the payment of tax in accordance with the provisions of section 29 fails to pay any amount of such tax within the period allowed for the payment of such tax in terms of that section, he shall, in addition to such amount of tax, pay—
(a) a penalty equal to 10 per cent of the said amount of tax; and
(b) where payment of the said amount of tax is made on or after the rst day of the month following the month during which the period allowed for payment of the tax ended, interest on the said amount of tax, calculated at the prescribed rate (but subject to the provisions of section 45A) for each month or part of a month in the period reckoned from the said rst day.
Prelex
Wording of heading of s. 39 in force until 1 October 2012 (when substitution, subject to footnote to new heading, came into effect)
39 Penalty and interest for failure to pay tax when due
Prelex
Wording of sub-ss. (1) and (2) of s. 39 in force until 1 October 2012 (when substitution and deletion, subject to footnote to new sub-ss. (1) and (2), came into effect)
(1) (a) If any person who is liable for the payment of tax and is required to make such payment in the manner prescribed in section 28 (1), fails to pay any amount of such tax within the period for the payment of such tax speci ed in the said provision, he shall, in addition to such amount of tax, pay—
(i) a penalty equal to 10 per cent of the said amount of tax; and
(ii) where payment of the said amount of tax is made on or after the rst day of the month following the month during which the period allowed for payment of the tax ended, interest on the said amount of tax, calculated at the prescribed rate (but
VALUE-ADDED TAX ACT