Page 576 - SAIT Compendium 2016 Volume1

s 1 TAX ADMINISTRATION ACT 28 OF 2011 s 1
(ii) if no return is required, the date of the last payment of the tax for the tax period or, if no payment was made in respect of the tax for the tax period, the effective date;
“date of sequestration” means—
(a) the date of voluntary surrender of an estate, if
accepted by a court; or
(b) the date of provisional sequestration of an estate, if a
nal order of sequestration is granted by a court; “Diamond Export Levy Act” means the Diamond
Export Levy Act, 2007 (Act 15 of 2007);
“Diamond Export Levy (Administration) Act”
means the Diamond Export Levy (Administration) Act, 2007 (Act 14 of 2007);
“document” means anything that contains a written, sound or pictorial record, or other record of information, whether in physical or electronic form;
“effective date” is the date described in section 187 (3), (4) and (5) of this Act, or the date from when interest is otherwise calculated under a tax Act;
[De nition of ‘effective date’ substituted by s. 36 (b) of Act 21 of 2012 – date of commencement deemed to have been 1 October 2012.]
“Estate Duty Act” means the Estate Duty Act, 1955 (Act 45 of 1955);
“fair market value” means the price which could be obtained upon a sale of an asset between a willing buyer and a willing seller dealing at arm’s length in an open market;
“income tax” means normal tax referred to in section 5 of the Income Tax Act;
“Income Tax Act” means the Income Tax Act, 1962 (Act 58 of 1962);
“information” includes information generated, recorded, sent, received, stored or displayed by any means;
“international tax agreement” means—
(a) an agreement entered into with the government of
another country in accordance with a tax Act; or
(b) any other agreement entered into between the competent authority of the Republic and the competent authority of another country relating to the automatic exchange of information under an
agreement referred to in paragraph (a);
[De nition of “international tax agreement” substituted by s. 37 (a) of Act 44 of 2014 – date of commencement
deemed to have been 1 October 2012.] “international tax standard” means—
(a) the OECD Standard for Automatic Exchange of Financial Account Information in Tax Matters;
(b) the Country-by-Country Reporting Standard for Multinational Enterprises speci ed by the Minister; or
(c) any other international standard for the exchange of tax-related information between countries speci ed by the Minister, subject to such changes as speci ed by the Minister in a regulation issued under section 257;
[De nition of “international tax standard” inserted by s. 33 (b) of Tax Administration Laws Amendment Act, 2015 – date of commencement: date of promulgation of Tax Administration Laws Amendment Act, 2015.]
“jeopardy assessment” is an assessment referred to in section 94;
“judge” means a judge of the High Court of South Africa, whether in chambers or otherwise;
“magistrate” means a judicial of cer as de ned in section 1 of the Magistrates’ Courts Act, 1944 (Act 32 of 1944), whether in chambers or otherwise;
“Mineral and Petroleum Resources Royalty (Administration) Act” means the Mineral and Petroleum
Resources Royalty (Administration) Act, 2008 (Act 29 of 2008);
“Minister” means the Minister of Finance;
“of cial publication” means a binding general ruling, interpretation note, practice note or public notice issued by a senior SARS of cial or the Commissioner;
“original assessment” is an assessment referred to in section 91;
“outstanding tax debt” means a tax debt not paid by the day referred to in section 162;
[De nition of ‘outstanding tax debt’ inserted by s. 30 (a) of Act 39 of 2013 – date of commencement deemed to have been 1 October 2012.]
“practice generally prevailing” has the meaning assigned in section 5;
“premises” includes a building, aircraft, vehicle, vessel or place;
“prescribed rate” has the meaning assigned in section 189 (3);
“presiding of cer” is the person referred to in section 50 (1);
“Promotion of Access to Information Act” means the Promotion of Access to Information Act, 2000 (Act 2 of 2000);
“public notice” means a notice published in the Government Gazette;
“public of cer” is an of cer referred to in section 246 (1), (2) and (3);
“reduced assessment” is an assessment referred to in section 93;
“registered tax practitioner” means a person registered under section 240;
[De nition of ‘registered tax practitioner’ inserted by s. 36 (c) of Act 21 of 2012 – date of commencement deemed to have been 1 October 2012.]
“relevant material” means any information, document or thing that in the opinion of SARS is foreseeably relevant fortheadministrationofataxActasreferredtoinsection3; [De nitionof“relevantmaterial”substitutedbys.30(b)ofAct
39 of 2013 (date of commencement deemed to have been 1 October 2012) and by s. 37 (b) of Act 44 of 2014 – date of commencement deemed to have been 1 October 2012.]
“reportable arrangement” has the meaning assigned in section 35;
“representative taxpayer” has the meaning assigned in section 153 (1);
“responsible third party” has the meaning assigned under section 158;
“return” means a form, declaration, document or other manner of submitting information to SARS that incorporates a self-assessment, is a basis on which an assessment is to be made by SARS or incorporates relevant material required under section 25, 26 or 27 or a provision under a tax Act requiring the submission of a return;
[De nition of “return” substituted by s. 30 (c) of Act 39 of 2013 (date of commencement deemed to have been
1 October 2012) and by s. 37 (c) of Act 44 of 2014 – date of commencement deemed to have been 1 October 2012.]
“SARS” means the South African Revenue Service established under the SARS Act;
“SARS Act” means the South African Revenue Service Act, 1997 (Act 34 of 1997);
“SARS con dential information” has the meaning assigned under section 68 (1);
“SARS of cial” means—
(a) the Commissioner;
(b) an employee of SARS; or
(c) a person contracted or engaged by SARS for purposes
of the administration of a tax Act and who carries out 568 SAIT CompendIum oF TAx LegISLATIon VoLume 1