49G.    Refund of withholding tax on royalties

 

(1)     Notwithstanding  Chapter 13 of the Tax Administration Act, if-

 

(a)     an amount is withheld from a payment of a royalty as contemplated in section 49E(1);

 

(b)     a declaration contemplated in section 49E(2) or (3) in respect of that royalty is not submitted to the person paying that royalty by the date of the payment of that royalty; and

 

(c)     a declaration contemplated in section 49E(2) or (3) is submitted to the Commissioner within three years after the payment of the royalty in respect of which the declaration is made,

 

so much of that amount as would not have been withheld had that declaration been submitted by the date contemplated in the relevant subsection is refundable by the Commissioner to the person to which the royalty was paid.

[Subsection (1) inserted by section 12(1) of Act 21 of 2012 and renumbered by section 5 of Act 24 of 2020]

 

(2)     Notwithstanding Chapter 13 of the Tax Administration Act, if—

 

(a)     an amount of withholding tax on royalties is paid as contemplated in section 49E(1) in respect of an amount of royalties that became due and payable; and

 

(b)     the amount of royalties subsequently becomes irrecoverable,

 

so much of that amount as would not have been paid had the royalties not become due and payable is refundable by the Commissioner to the person who paid the tax.

[Subsection (2) added by section 5 of Act 24 of 2020]