Page 537 - SAIT Compendium 2016 Volume1

s 54 VALUE-ADDED TAX ACT 89 OF 1991 s 57B
auctioneer in the course or furtherance of the auctioneer’s enterprise and the auctioneer may—
(a) recover the amount of tax charged on that supply
from that principal as a debt together with the costs of
recovery in any court of competent jurisdiction; or (b) retain or deduct such amount and costs out of any money in the auctioneer’s hands belonging or payable
to the principal:
Provided that the auctioneer or agent shall maintain the records contemplated in section 20 (8) as if the principal made a supply of second-hand goods to him, not being a taxable supply.
[Sub-s. (5) amended by s. 100 (c) of Act 53 of 1999.] (6) Notwithstanding anything in subsection (2), where any vendor makes a taxable supply (other than a supply that is charged with tax at the rate of zero per cent under section 11) of goods or services to an agent who is a vendor and is acting for or on behalf of another person who is the principal for the purposes of that supply,
and—
[Words in sub-s. (1) preceding para. (a) substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(a) a record of all goods and services supplied by or to the vendor showing the goods and services, the rate of tax applicable to the supply and the suppliers or their agents, in suf cient detail to enable the goods and services, the rate of tax, the suppliers or the agents to be readily identi ed by the Commissioner, and all invoices, tax invoices, credit notes, debit notes, bank statements, deposit slips, stock lists and paid cheques relating thereto: Provided that a vendor’s records do not have to show the rate of tax where the vendor has been authorised by the Commissioner to calculate the tax payable by him in accordance with a method prescribed by regulation, as contemplated in section 16 (1);
[Para. (a) substituted by s. 38 (b) of Act 97 of 1993 and by s. 102 of Act 30 of 1998.]
(aA)a record of all importations of goods and documents relating thereto as contemplated in section 16 (2) (d);
[Para. (aA) inserted by s. 35 of Act 136 of 1992.] (aB)any documentary proof required to be obtained and
retained in accordance with section 16 (2) (f); [Para. (aB) inserted by s. 37 of Act 36 of 2007.]
(b) the charts and codes of account, the accounting instruction manuals and the system and programme documentation which describe the accounting system used in each tax period in the supply of goods and services;
(c) any list required to be prepared in accordance with section 15 (9); and
(d) any documentary proof required to be obtained and retained in accordance with section 11 (3).
[Sub-s. (1) amended by s. 38 (a) of Act 97 of 1993 and by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(2) . . .
[Sub-s. (2) substituted by s. 38 (c) of Act 97 of 1993 and deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(3) . . .
[Sub-s. (3) substituted by s. 38 (d) of Act 97 of 1993, amended by s. 17 of Act 10 of 2006 and deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(4) . . .
[Sub-s. (4) substituted by s. 38 (e) of Act 97 of 1993, amended by s. 18 of Act 9 of 2007 and deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
56 . . . 57 . . .
(a) (b)
the principal is not a resident of the Republic and is not a vendor; and
(i) the supply is directly in connection with either the exportation, or the arranging of the exportation, of goods from the Republic to any country or place outside the Republic, or the importation, or the arranging of the importation, of goods to the Republic from any country or place outside the Republic, including, in either case, the transportation of those goods within the Republic as part of such exportation or importation, as the case may be; or
[Sub-para. (i) substituted by s. 25 of Act 20 of 1994.]
[NB: Sub-para. (i) has been substituted by s. 34 (1) (c) of Act 44 of 2014, a provision that will come into operation on the date on which the Customs Control Act 31 of 2014 takes effect. See Pendlex below.]
Pendlex (to come into operation on the date on which the Customs Control Act 31 of 2014 takes effect)
(i) the supply is directly in connection with either the exportation, or the arranging of the exportation, of goods from the Republic to any country or place outside the Republic, or the importation, or the arranging of the importation, of goods from any country or place outside the Republic, including, in either case, the transportation of those goods within the Republic as part of such exportation or importation, as the case may be; or
(ii) the supply is of services which comprise the handling, pilotage, salvage or towage of any foreign-going ship or foreign-going aircraft while present in the Republic or is of services provided in connection with the operation or management of any foreign-going ship or foreign-going aircraft,
[Sub-para. (ii) substituted by s. 25 of Act 20 of 1994.]
this Act shall, where such agent and such principal agree, apply as if the supply were made to that agent and not to the principal.
[S. 56 repealed by s. 23 of Act 46 of 1996.]
PART IX COMPLIANCE (ss. 55–63)
55 Records
[S. 57 substituted by s. 24 of Act 46 of 1996, amended by s. 47 of Act 27 of 1997, by s. 172 of Act 60 of 2001 and by s. 187 of Act 45 of 2003 and repealed by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
57A . . .
[S. 57A substituted by s. 24 of Act 46 of 1996 and repealed by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
57B . . .
[S. 57B inserted by s. 24 of Act 46 of 1996 and repealed by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(1) In addition to the records required under Part A of Chapter 4 of the Tax Administration Act, every vendor must, in particular, keep the following records and documents:
SAIT CompendIum oF TAx LegISLATIon VoLume 1
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VALUE-ADDED TAX ACT