Page 58 - SAIT Compendium 2016 Volume1

s 2 INCOME TAX ACT 58 OF 1962 s 3
are, to the extent not regulated in this Act, regulated by the Tax Administration Act.
[S. 2 amended by s. 34 (1) of Act 34 of 1997 and substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
3 Exercise of powers and performance of duties
(1) The powers conferred and the duties imposed upon the Commissioner by or under the provisions of this Act may be exercised or performed by the Commissioner or by any of cer under the control, direction or supervision of the Commissioner.
[Sub-s. (1) substituted by s. 13 (1) (a) of Act 45 of 2003 and by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(2) . . .
[Sub-s. (2) amended by s. 3 (1) of Act 141 of 1992 and by s. 13 (1) (b) of Act 45 of 2003 and deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(3) . . .
[Sub-s. (3) deleted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
(4) Any decision of the Commissioner under the following provisions of this Act is subject to objection and appeal in accordance with Chapter 9 of the Tax Administration Act, namely—
(a) the de nitions of ‘bene t fund’, ‘pension fund’, ‘pension preservation fund’, ‘provident fund’, ‘provident preservation fund’, ‘retirement annuity fund’ and ‘spouse’ in section 1;
(b) section 8 (5) (b) and (bA), section 10 (1) (cA), (e) (i) (cc), (j) and (nB), section 10A (8), section 11 (e), (f), (g), (gA), (j) and (l), section 12B (6), section 12C, section 12E, section 12J (6), (6A) and (7), section 13, section 15, section 18A (5C), section 22 (1) and (3), section 23H (2), section 23K, section 24 (2), section 24A (6), section 24C, section 24D, section 24I (1) and (7), section 24J (9), section 24P, section 25A, section 27, section 28 (9), section 30, section 30A, section 30B, section 30C, section 31, section 37A, section 38 (2) (a) and (b) and (4), section 44 (13) (a), section 47 (6) (c) (i), section 62 (1) (c) (iii) and (d) and (2) (a) and (4), section 80B and section 103 (2);
[Para. (b) substituted by s. 2 (a) of Act 44 of 2014 – date of commencement: 20 January 2015.]
(c) paragraphs 6, 7, 9, 13, 13A, 14, 19 and 20 of the First Schedule;
(d) paragraph 4 of the Second Schedule;
(e) paragraphs 5 (2), 14 (6), 21 (2) and 24 of the Fourth
Schedule;
[Para. (e) substituted by s. 2 (b) of Act 44 of 2014 – date of commencement: 20 January 2015.]
(f) paragraphs 10 (3), 11 (2) and 13 of the Sixth Schedule; [Para. (f) substituted by s. 2 (c) of Act 44 of 2014 – date of commencement: 20 January 2015.]
(g) paragraphs 2 (h), 3, 6 (4) (b), 7 (6), (7) and (8), 11 and 12A (3) of the Seventh Schedule; and
(h) paragraphs (bb) (A) of the proviso to paragraph 12A (6) (e), 29 (2A), 29 (7), 31 (2), 65 (1) (d) and 66 (1) (e) of the Eighth Schedule.
[Para. (h) substituted by s. 2 of Act 39 of 2013 – date of commencement: 16 January 2014.]
[Sub-s. (4) added by s. 3 (1) of Act 21 of 1994 and substituted by s. 3 (1) of Act 21 of 1995, by s. 20 (1) of Act 30 of 1998, by s. 3 of Act 59 of 2000, by s. 6 of Act 5 of 2001, by s. 4 of Act 19 of 2001, by s. 18 of Act 60 of 2001, by s. 7 of Act 74 of 2002, by s. 13 (1) (c) of Act 45 of 2003, by s. 4 (a) of Act 16 of 2004, by s. 2 (1) of Act 21 of 2006 and by s. 1 (1) of Act 9 of 2007, amended by s. 3 of Act 36 of 2007, by s. 1 (a) of Act 4 of 2008, by s. 2 of Act 61
50
of 2008 and by s. 14 (1) (a), (b), (c), (d) and (e) of Act 8 of 2010 and substituted by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012.]
[NB: Subsection (4) has been substituted by s. 1 (1) of Tax Administration Laws Amendment Act, 2015, a provision that is to come into operation on a date to be determined by the Minister. See Pendlex below.]
Pendlex iro sub-s (4) (to come into operation on a date to be determined by the Minister)
(4) Any decision of the Commissioner under the following provisions of this Act is subject to objection and appeal in accordance with Chapter 9 of the Tax Administration Act, namely—
(a) the de nitions of ‘pension fund’, ‘pension preservation fund’, ‘provident fund’, ‘provident preservation fund’ and ‘retirement annuity fund’ in section 1;
(b) section 10 (1) (cA) and (e) (i) (cc), section 11 (e), (j) and (l), section 12J (6), (6A) and (7), section 15, section 18A (5), (5A) and (5B), section 22 (1), section 23K, section 24 (2), section 24A (6), section 24I (1), section 24J (9), section 28 (9), section 30, section 30A, section 30B, section 30C, section 37A, section 44 (13) (a), section 47 (6) (c) (i), section 62 (1) (c) (iii) and (d) and (2) (a) and (4), section 80B and section 103 (2);
(c) paragraphs 6, 13, 13A and 20 of the First Schedule;
(d) paragraph 4 of the Second Schedule;
(e) paragraphs 5 (2), 14 (6), 21 (2) and 24 of the Fourth
Schedule;
(f) paragraphs 10 (3) and 11 (2) of the Sixth Schedule;
(g) paragraphs 3, 7 (6), 11 and 12A (3) of the Seventh
Schedule; and
(h) paragraph (bb) (A) of the proviso to paragraph 12A
(6) (e) and paragraphs 29 (2A), 29 (7), 31 (2), 65 (1) (d) and 66 (1) (e) of the Eighth Schedule.
(5) The Commissioner may, in writing, and on such conditions as may be agreed upon between the Commissioner and the executive of cer of the Financial Services Board appointed in terms of section 13 of the Financial Services Board Act, delegate to that executive of cer his or her power—
[Words in sub-s. (5) preceding para. (a) substituted by s. 2 (a) of Act 43 of 2014 – date of commencement: 20 January 2015.]
(a) to approve a fund contemplated in the de nition of a ‘pension fund’, ‘pension preservation fund’, ‘provident fund’, provident preservation fund’ or ‘retirement annuity fund’, subject to—
(b)
(i) any limitation or condition as may be determined by the Commissioner in terms of those de nitions; and
(ii) the compliance by any such fund with the requirements under those de nitions; and
[Para. (a) amended by s. 1 (b) of Act 4 of 2008 and substituted by s. 5 of Act 60 of 2008.]
to withdraw any such approval if any of the limitations, conditions or requirements listed in paragraph (a) are not met.
[Sub-s. (5) added by s. 4 (b) of Act 16 of 2004.]
(6) Any person aggrieved by a decision of the executive of cer to approve or to withdraw an approval of a fund in terms of subsection (5) must, notwithstanding section 26 (2) of the Financial Services Board Act, lodge his or her objection with the Commissioner in accordance with the provisions of Chapter 9 of the Tax Administration Act.
[Sub-s. (6) added by s. 4 (b) of Act 16 of 2004 and substituted by s. 271 of Act 28 of 2011 (date of commencement: 1 October 2012) and by s. 2 (b) of Act 43 of 2014) – date of commencement: 20 January 2015.]
SAIT CompendIum oF TAx LegISLATIon VoLume 1