Page 558 - SAIT Compendium 2016 Volume1

Schedule 1
VALUE-ADDED TAX ACT 89 OF 1991 Schedule 1
ITEM NO
DESCRIPTION
(1) explores for petroleum in terms of an exploration right issued in terms of section 80 of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002);
(2) produces petroleum in terms of a production right issued in terms of section 84 of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002); or
(3) is a contractor of any person referred to in Paragraph (1) or (2); or
(ii) subject to the approval of the Director-General: Mineral Resources or the Chief Executive Of cer of the agency designated in terms of section 70 of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002), is a person (including, if a company, any subsidiary of such company) referred to in paragraph (1) or (3) who supplies such goods directly to any person or of any contractor or any person referred to in paragraph (2), for use in the manufacture of any equipment, installation or device, for use solely in operations in connection with the exploration for, or production of petroleum, and except for the purposes of item 460.23/00.00/02.00, in such quantities and at such times as the International Trade
Administration Commission, may allow by speci c permit, excluding—
(a) distillate fuels, residual fuel oil and biodiesel;
(b) goods for the personal use of any person; or
(c) goods for use in the exploration or processing of any product other than
petroleum as de ned in the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002):
NOTES:
1. For the purposes of paragraph (ii), the person entering such goods under rebate of duty shall be liable for the duty rebated unless—
(a) he or she proves that such goods have been so supplied or used in the manufacture of the
equipment, installation or device which has been delivered to the person referred to in
paragraph (2); or
(b) on request by the person who entered the goods under rebate of duty, and subject to the
permission of the Commissioner the goods have been—
(i) entered for home consumption and any duty and value-added tax payable in terms of
the Value-Added Tax Act, 1991 (Act 89 of 1991) have been paid;
(ii) destroyed or abandoned in terms of item 412.07; or
(iii) exported.
Goods imported or cleared from a customs and excise warehouse for the exploration for or production of petroleum as contemplated in the notes to this item.
Goods free of duty imported or cleared from a customs and excise warehouse for the exploration for or production of petroleum as contemplated in the notes to this item.
460.23/00.00/01.00 460.23/00.00/02.00
470.00
[Item 460.23 inserted by GN R288 of 17 April 2014 – date of commencement: 17 April 2014.]
GOODS TEMPORARILY ADMITTED FOR PROCESSING, REPAIR, CLEANING, RECONDITIONING OR FOR THE MANUFACTURE OF GOODS EXCLUSIVELY FOR EXPORT:
NOTES:
1. 2.
The Commissioner may require the importer to register a rate of yield of the processed or manufactured goods that will be obtained per unit of the imported goods.
(a) The exemption in terms of item 470.03 is allowed only for goods to be used for the
processing or manufacture of goods for export and the processed or manufactured goods must be exported—
(i) for the purposes of item 470.03 (01.00 and 02.00) within 12 months from the date of entry thereof; and
(ii) for the purposes of item 470.03 (03.00) within three (3) years from the date of entry thereof;
[Para. (a) substituted by GN R506 of 6 July 2012 and by GN 995 of 7 December 2012.]
(b) The exemption in terms of item nos. 470.02 is allowed only for parts to be used and the goods submitted for repair, cleaning or reconditioning must be exported within 6 months from the date of importation thereof:
Provided that—
(i) the Commissioner may, in exceptional circumstances, extend the period speci ed in
each case for a further period as deemed reasonable; and
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SAIT CompendIum oF TAx LegISLATIon VoLume 1