- SecRevLawsAct60.pdf Part 2.pdf2.73 MB
To amend the Marketable Securities Tax Act. 1918, so as to provide for a further esemption; to effect changes to the Act to give eflect to the restructuring of the South African Re\-enue Service: to provide for ob-iection and appeal procedures where a person is aggrieved b! a decision of the Commissioner; to amend the Transfer Duty Act, 1949. so as to effect changes to the Act to give effect to the restructuring of the South African Revenue Service; to provide for a further exemption: to further regulate the objection and appeal procedures where a person is aggrieved by a decision of the Commissioner; to amend the Estate Duty Act. 1955. so as to eflect certain consequential amendments to the provisions relating to the determination of the value of property for purposes of the Act: to effect changes to the Act to give effect to the restructuring of the South African Revenue Service: to further regulate the objection and appeal procedures where a person is aggrieved by a decision of the Commissioner; to regulate refunds of amounts of duty not properly chargeable and to provide for the set-off of amounts refundable against any other amount due to the Commissioner: to amend the Income Tax Act, 1962, so as to insert a definition and to amend certain other definitions; to provide that the exercise of certain discretions of the Commissioner shall he subject to objection and appeal: to amend the secrecy provisions to enable the Commissioner to disclose certain information to the Director-General of the National Treasury. the National Commissioner of the South African Police Service and the Eational Director of Public Prosecutions in certain circumstances: to further regulate the provisions relating to foreign tax credits: to further regulate the provisions relating to the recoupments of amounts which have been allowed as a deduction: to further regulate the provisions relating to controlled foreign entities: to further regulate the provisions relating to foreign dividends: to further regulate the provisions relating to income received by or accrued to residents from a source outside the Republic; to provide for the determination of taxable income in respect of foreign equity instruments: to further regulate the exemption provisions; to further regulate the provisions relating to the scrapping allowance; to further regulate the capital allowance in respect of pipelines. transmission lines and railway lines: to further regulate the additional strategic industrial investment allowance; to provide for a cut-off date for the provisions relating to schemes of arrangements involving trading stock; to further regulate the limitation of the allowances granted to lessors of certain assets; to provide that where for purposes of the Act regard must be had to the market value of an asset, the amount of input tax in the case of a vendor must be excluded from that market value; to further regulate the limitation of certain deductions of expenditure where the benefit in respect of which the expenditure relates extends beyond the year of assessment during which the expenditure is incurred; to provide for a cut-off date for the provisions relating to transactions whereby fixed property or company shares are exchanged for shares: lo further regulate the provisions relating to gains or losses on foreign exchange transactions: to further regulate the provisions relating to the determi- nation of taxable income and losses in foreign currency: to repeal a provision relating to assessments on transfers of' business undertakings by foreign companies to South -4frican subsidiaries: to amend the provisions relating to long-term insurers to provide that the different funds of an insurer shall be deemed to he companies which are connected persons for purposes of' certain provisions of the Act: to amend the provisions relating to allowances in respect of capital expenditure of mining assets and the recoupment thereof upon sale. transfer, cession or lease of mining property: to provide for certain consequential amendments: to provide for special rules relating to company formations, share-for-share transactions. intra-group transactions, unbundling transactions and liquidation transactions; to provide for a further exemption from donations tas: to etYect changes to the Act to give effect to the restructuring of' the South African Revenue Service: to further regulate the provisions relating to secondary tax on companies: to further regulate the requirements relating to returns of information by unit portfolios and in respect of financial instruments administered by portfolio administrators; to provide that where a person appointed as an agent of a taxpayer does not compl? with certain provisions of the Act, it shall constitute an offence; to further regulate the objection and appeal procedures where a person is aggrieved b) an assessment by the Commissioner and matters relating thereto: to provide that the hlinister may promulgate rules prescribing the procedures to be obserled in lodging an ob,jection and noting appeal and the conduct and hearing of an appeal hefore a tax court; to provide that the Minister may by regulation prescribe the circumstances under which the Commissioner may waive a claim against a taxpayer for purposes of the settlement of a dispute and the reporting reyuirements where a claim is waived; to further regulate the provisions relating to the taxation of lump sum benefits paid by a pension fund where a portion of that benefit must in terms of a di\,orce order he paid to the former spouse of the member: to further regulate and refine the provisions relating to capital gains tax: to amend the Customs and Excise Act, 106.1, so as to insert and amend certain definitions in section 1; to provide that decisions or determinations must be in writing; to further amend provisions relating to the disclosure of information; to make provision for prescribing by rule of wharfs and places where degrouping depots may be established for the handling of imported or exported goods and matters incidental thereto: to further regulate provisions relating to the reporting of cargo: to further provide for the landing of goods hefore due entry; to further regulate the remowl of goods in bond and the export of goods from a customs and excise warehouse; to introduce principles and procedures governing the adminis- tration of industrial development zones and matters incidental thereto: to amend a prohibition and a definition relating to marked goods; to further regulate the time of entry for imported goods; to provide for goods imported by air for which immediate clearance is requested; to provide for the disposal of goods on failure to make due entry, goods imported in contravention of any other law and seized and abandoned goods and matters incidental thereto; to amend the provisions determining liability for duty in respect of imported goods and when liability ceases; to further specify principles relating to the interpretation of provisions in the Schedules, the powers of the Commissioner to determine tariff headings. subheadings and items, to make binding tariff determinations and matters incidental thereto: to further provide for the enacting into law of international agreements under the provisions of the Act: to further provide for the Commis- sioner's powers to determine the value of imported goods and locally produced goods and matters incidental thereto: to further regulate rebates and refunds of dutj- and losses in respect of certain goods; to amend procedures relating to claims for goods seized and to prescribe when goods are condemned and forfeited: to further provide for the disposal of seized goods: to introduce new provisions in terms of which the Commissioner ma!- settle or waive claims: to introduce internal administrative appeal procedures and matters incidental thereto: to further provide for procedures governing notice of actions and the period for bringing action; to amend requirements providing for the appointment of agents by a container operator. or a master, pilot or other carrier; to amend provisions relating to the liability of agents to include liability in respect of other carriers; to further regulate the powers of the Commissioner to destro\ goods or delay the departure of a ship or vehicle; and to provide for a lien in respect of goods in a customs and excise warehouse; to amend the Stamp Duties Act, 1968, so as to effect changes to the .4ct to give effect to the restructuring of the South African Revenue Service; to provide for objection and appeal procedures where a person is aggrieved by a decision of the Commissioner: to further regulate the stamp duties on debit entries: to provide for a further exemption: to anlend the \Blue-Added Tax Act, 1991, so as to redefine welfare organisations and further define certain other expressions. to revise the provisions relating to the suppl> of accommodation, to clarify the exemption in respect of a debt obligation. to provide for the disclosure of certain information to the National Police Commissioner or the National Director of Public Prosecutions. to amend a reference to the Postmaster General to the Managing Director of the South African Post Office Limited. to clarify the position regarding the liability for \-.4T in the case of the expropriation of property, to clarify the exemption in respect of the rental of dwellings. to amend the provisions relating to exemption in respect of educational services, to regulate the payment of tax on importation in cases where tan has not been paid to a Controller of Customs and Excise, to require that the legal or trading name of a vendor be supplied in a tax invoice for an input tax deduction to be claimable. to provide for a refund in lieu of a refund in respect of the use of diesel in the case of amounts paid to small scale farmers, to regulate the holding of debit or credit notes, tax invoices or statements in the case of agents, to require the issue of a tax invoice in the case of all supplies exceeding R10 000 and impose further requirements in respect of tax invoices, to provide that returns may be submitted electronically up to the last business day of a month, to amend certain provisions relating to objection and appeal, to require that particulars of the banking or similar account of a vendor be submitted, to amend the reference to Receivers of Revenue to SARS offices, to require that reasons be submitted as to why a person appointed as agent is not able to comply with the appointment. to provide that a rental pool scheme operated and managed for the benefit of the owners of sectional title interests or shareholders in a Shareblock Company is regarded as a separate enterprise, to make it an offence to issue a document that purports to be a tas invoice but does not meet certain requirements, to make it an offence to, without lawful cause, fail to comply with a notice of appointment as agent in terms of section 17, to prevent a vendor from stating or implying that any form of discount, including discount in the form of trade or cash discount or a refund is in lieu of VAT, to provide for the rounding off of VAT. to substitute Schedule 1 to the Act which makes provision for exemption on importation: to amend the Income Tax .4ct, 1993, so as to provide for a cut-off date for the unbundling provisions in consequence of the introduction of the special rules relating to unbundling transactions in Part 111 of Chapter I1 of the Income Tax Act, 1962: to amend the Taxation Laws Amendment .4ct, 1994, so as to provide for an exemption from marketable securities tax and uncertificated securities tax in the case of rationalisation schemes and to provide for a cut-off date of the rationalisation provisions in Consequence of the introduction of the special rules relating to intra-group transactions in Part I11 of Chapter 11 of the Income Tax Act, 1962: to amend the Uncertificated Securities Tax Act, 1998. so as to provide for a further exemption: to effect changes to the Act to give effect to the restructuring of the South African Revenue Service: to provide for objection and appeal procedures where a person is aggrieved b!. a decision of the Commissioner: to amend the Revenue Laws Amendment Act, 1999, so as to repeal an amendment introduced by that .4ct: to amend the Taxation Laws Amendment Act. 2001, so as to effect certain textual amendments; to amend the Revenue Laws Amendment Act. 2001. so as to effect certain textual amendments: and to provide for matter connected therewith.
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