Category: Paragraph 17 (Fourth Schedule) – Payment of Provisional Tax

Paragraph 17

 

  1. Subparagraph (1) substituted by section 41 of Act 88 of 1971.

 

  1. Subparagraph (2) deleted by section 41 of Act 88 of 1971.

 

  1. Subparagraph (3) substituted by section 41 of Act 88 of 1971.

 

  1. Subparagraph (4) substituted by section 41 of Act 88 of 1971 and section 33 of Act 103 of 1976.

 

  1. Subparagraph (5) added by section 27 of Act 90 of 1964, substituted by section 41 of Act 88 of 1971 and section 33 of Act 103 of 1976, amended by section 30 of Act 104 of 1980 and substituted by section 57 of Act 59 of 2000, section 271 of Act 28 of 2011 effective on 1 October 2012 and section 12 of Act 39 of 2013 effective on 1 January 2013.

 

  1. Subparagraph (6) added by section 27 of Act 90 of 1964 and deleted by section 271 of Act 28 of 2011 effective on 1 October 2012.

 

  1. Subparagraph (7) added by section 27 of Act 90 of 1964 and substituted by section 41 of Act 88 of 1971.

 

  1. Subparagraph (8) added by section 51 of Act 101 of 1990 and substituted by section 271 of Act 28 of 2011 effective on 1 October 2012.

Paragraph 17 (Fourth Schedule) – Payment of provisional tax

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17.     PAYMENT OF PROVISIONAL TAX

(1)     Every provisional taxpayer shall in the manner provided in this Part make payments (called provisional tax) to the Commissioner in respect of his liability for normal tax in respect of every year of assessment.

(2)     ……….

 

(3)     Where for the purpose of determining any amount of provisional tax required to be paid by any provisional taxpayer in respect of any year of assessment the liability of such taxpayer for normal tax is required to be estimated in respect of such year, such liability shall be deemed to be the amount of normal tax which, calculated at the relevant rate referred to in subparagraph (4), would be payable by the provisional taxpayer in respect of the amount of taxable income estimated by such taxpayer in terms of paragraph 19 (1) during the period prescribed by this Schedule for the payment of the said amount of provisional tax or if the amount so estimated has been increased by the Commissioner in terms of paragraph 19(3), the amount of normal tax which, calculated at the said rate, would be payable by the provisional taxpayer in respect of the amount of taxable income as so increased, or if the Commissioner has estimated the provisional taxpayer’s taxable income in terms of paragraph 19(2), the amount of normal tax which, calculated at the said rate, would be payable by the provisional taxpayer in respect of the amount of taxable income so estimated.

[Subparagraph (3) substituted by section 41 of Act 88 of 1971 and section 14 of Act 23 of 2015 effective on 8 January 2016]

(4)     For the purposes of any calculation of normal tax under subparagraph (3) the rate at which such tax is to be calculated shall be the relevant rate which on the date of payment of the provisional tax in question is in force in respect of the year of assessment in respect of which such provisional tax is required to be paid under this Schedule, or if at the said date the rate has not been fixed, the relevant rate in respect of that year foreshadowed by the Minister of Finance in his budget statement, or if at that date the rate has not been fixed or so foreshadowed, the relevant rate which is in force in respect of the latest preceding year of assessment in respect of which rates have been fixed by Parliament.

(5)     The Commissioner may from time to time, having regard to the rates of normal tax as fixed by Parliament or foreshadowed by the Minister in his or her budget statement or  to the rebates applicable in terms of section 6(2) of this Act and taking into account any other factors having a bearing upon the probable liability of taxpayers for normal tax, prescribe tables for optional use by provisional taxpayers falling within any category specified by the Commissioner, or by provisional taxpayers generally, for the purpose of estimating the liability of such taxpayers for normal tax, and the Commissioner may prescribe the manner in which such tables shall be applied together with the period for which such tables shall remain in force.

(6)     ……….

(7)     The provisions of subparagraphs (3) and (4) shall not apply where the liability of a provisional taxpayer for normal tax is estimated in accordance with any tables prescribed for his use under the provisions of subparagraph (5) and not withdrawn under the provisions of subparagraph (6).

(8)       ……….

[Subparagraph (8) added by section 51 of Act 101 of 1990, substituted by section 271 of Act 28 of 2011 effective on 1 October 2012, deleted by section 14 of Act 23 of 2015 effective on 8 January 2016]