49C.    Liability for tax

 

(1)     A foreign person to which a royalty is paid is liable for the withholding tax on royalties to the extent that the royalty is regarded as having been received by or accrued to that foreign person from a source within the Republic in terms of section 9(2)(c), (d), (e) or (f).

 

(2)     Any amount of withholding tax on royalties that is-

 

(a)     withheld as contemplated in section 49E(1); and

(b)     paid as contemplated in section 49F(1),

is a payment made on behalf of the foreign person to which the royalty is paid in respect of that foreign person’s liability under subsection (1).