Category: Section 64K (ITA) – Payment and recovery of tax

Section 64K

 

  1. Subsection (1) substituted by section 84 of Act 24 of 2011 effective on 1 April 2012, section 14 of Act 21 of 2012 effective on 20 December 2012 and section 5 of Act 39 of 2013 effective on 16 January 2014.

 

  1. Subsection (2) deleted by section 84 of Act 24 of 2011 effective on 1 April 2012.

 

  1. Subsection (3) deleted by section 271 of Act 28 of 2011 effective on 1 October 2012.

 

  1. Subsection (4) substituted by section 84 of Act 24 of 2011 effective on 1 April 2012.

 

  1. Subsection (5) deleted by section 271 of Act 28 of 2011 effective on 1 October 2012.

 

  1. Subsection (6) to be deleted by section 271 of Act 28 of 2011 effective on a date determined by the President by proclamation in the Gazette.

 

  1. Subsection (7) deleted by section 271 of Act 28 of 2011 effective on 1 October 2012.

 

  1. Subsection (8) deleted by section 271 of Act 28 of 2011 effective on 1 October 2012.

Section 64K (ITA) – Payment and recovery of tax

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64K.    Payment and recovery of tax

(1)

(a)     If, in terms of section 64EA(a), a beneficial owner is liable for any amount of dividends tax in respect of a dividend, that beneficial owner must pay that amount to the Commissioner by the last day of the month following the month during which that dividend is paid by the company that declared the dividend, unless the tax has been paid by any other person.

(b)     If, in terms of section 64EA(b), a company is liable for any amount of dividends tax in respect of a dividend, that company must pay that amount to the Commissioner by the last day of the month following the month during which that dividend is paid by the company.

(c)     If, in terms of this Part, a person is required to withhold any amount of dividends tax in respect of a dividend, that person must pay that amount, less any amount refundable in terms of section 64L or 64M, to the Commissioner by the last day of the month following the month during which that dividend is paid by that person as contemplated in section 64G or 64H.

(d)     ……….

[Paragraph (d) deleted by section 5 of Act 44 of 2014 effective on 20 January 2015]

(1A)   If, in terms of this Part a person has paid a dividend, that person must submit a return in respect of that dividend to the Commissioner by the last day of the month following the month during which the dividend is paid.

[Subsection (1A) inserted by section 5 of Act 44 of 2014, amended by section 4 of Act 23 of 2015 and section 3 of Act 16 of 2016 and substituted by section 4 of Act 13 of 2017 and section 1 of Act 22 of 2018 effective on 17 January 2019]

(2)     ………..

(3)     ……….

(4)     Where a person-

(a)     has, in terms of section 64G(2)(a) or 64H(2)(a), withheld no dividends tax in respect of the payment of any dividend, or in terms of section 64G(3) or 64H(3), withheld dividends tax in accordance with a reduced rate in respect of the payment of any dividend; or

[Paragraph (a) substituted by section 18(a) of Act 20 of 2022]

(b)     that is a company which was, in terms of section 64FA(1)(a), not liable for dividends tax, or in terms of section 64FA(2), liable for dividends tax at a reduced rate in respect of the declaration and payment of any dividend,

[Paragraph (b) substituted by section 18(b) of Act 20 of 2022]

that person must submit to the Commissioner any declaration-

(i)      submitted to the person by or on behalf of a beneficial owner; and

(ii)     relied upon by the person in determining the amount of dividends tax so withheld,

at the time and in the manner prescribed by the Commissioner.

(5)     ……….

(6)     If a person fails to pay any dividends tax within the required period, interest must be paid by that person on the balance of the tax outstanding at the prescribed rate reckoned from the end of that period.