Author: admin_kmos

Section 6A (STTA) – Penalty on default

Posted on by admin_kmos

6A     Penalty on default

 

If any tax remains unpaid after the relevant date for payment referred to in section 3 the Commissioner must, under Chapter 15 of the Tax Administration Act, 2011, impose a penalty of 10 per cent of the unpaid tax but the Commissioner may remit the penalty or any portion thereof in accordance with the provisions of Chapter 15 of the Tax Administration Act, 2011.

[Section 6A inserted by section 36 of Act 44 of 2014]

 

7     . . . . . .

[Section 7 repealed by section 271 read with paragraph 175 of Schedule 1 of Act 28 of 2011]

Section 4 (STTA) – Refunds

Posted on by admin_kmos

4    Refunds


(1)     The Commissioner must refund the amount of any overpayment of tax or of any interest or penalty properly chargeable in respect of the transfer of any security, in accordance with SECTIONS 190 and 191 of the Tax Administration Act, 2011.

[Subsection (1) substituted by section 271 read with paragraph 174(a) of Schedule 1 of Act 28 of 2011]

(2)     . . . . . .

[Subsection (2) deleted by section 271 read with paragraph 174(b) of Schedule 1 of Act 28 of 2011]

(3)     The Commissioner must refund the amount of tax if the Commissioner is satisfied that the transfer in respect of which that tax became payable has been cancelled, or has been set aside or declared void by any court of law.

Section 1 (STTA) – Administration and interpretation of Act

Posted on by admin_kmos

CHAPTER 1

ADMINISTRATION AND INTERPRETATION


1     Administration and interpretation of Act

(1)     The Commissioner must administer this Act and the Securities Transfer Tax Act, 2007, in accordance with the provisions of the Tax Administration Act, 2011.

[Subsection (1) substituted by section 271 read with paragraph 172(a) of Schedule 1 of Act 28 of 2011]

(1A)   Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act, 2011.

[Subsection (1A) inserted by section 271 read with paragraph 172(b) of Schedule 1 of Act 28 of 2011]

(2)     Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Tax Administration Act, 2011, and any word or expression to which a meaning has been assigned in the Securities Transfer Tax Act, 2007, bears the meaning so assigned for the purposes of this Act.

[Subsection (2) substituted by section 271 read with paragraph 172(c) of Schedule 1 of Act 28 of 2011]

ARRANGEMENT OF SECTIONS (STTA)

Posted on by admin_kmos

ARRANGEMENT OF SECTIONS

CHAPTER 1
ADMINISTRATION AND INTERPRETATION

Section 1 – Administration and interpretation of Act

Section 2 – Notification requirement

Section 3 – Payments

Section 4 – Refunds

Section 5 – Interest on overdue payments

Section 6 – Repealed

Section 6A – Penalty on default

Section 7 – Repealed

Section 8 – Interest on overdue payments and penalty on default recoverable from person to whom security is transferred

CHAPTER 2
RECOVERY OF TAX

Section 9 – Repealed

Section 10 – Repealed

Section 11 – Repealed

CHAPTER 3
GENERAL PROVISIONS

Section 12 – Repealed

Section 13 – Records

Section 14 – Repealed

Section 15 – Repealed

Section 16 – Repealed

Section 17 – Repealed

Section 18 – Repealed

Section 19 – Repealed

Section 20 – Offences

Section 21 – Repealed

Section 22 – Short title and commencement

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:

ARRANGEMENT OF SECTIONS (UIF)

Posted on by admin_kmos

ARRANGEMENT OF SECTIONS

CHAPTER 1
INTRODUCTORY PROVISIONS

Section 1 – Definitions

Section 2 – Purpose of Act

Section 3 – Administration of Act

Section 4 – Application of Act

CHAPTER 2
DUTY TO CONTRIBUTE, AND RECOVERY OF CONTRIBUTIONS

Section 5 – Duty to contribute to Fund

Section 6 – Determination of contribution

Section 7 – Employer must deduct employee’s contribution

Section 8 – Payment of contribution to Commissioner and refund

Section 9 – Payment of contribution to Unemployment Insurance Commissioner and refund

Section 9A – Estimated assessments

Section 10 – Duty to register as employer and duty to provide particulars

Section 11 – Payment of amounts collected by Commissioner into National Revenue Fund

Section 12 – Interest on late payments

Section 13 – Penalties on default

Section 14 – Repealed

Section 15 – Labour inspectors

CHAPTER 3
GENERAL

Section 16 – Collection costs

Section 17 – Repealed

Section 18 – Regulations

Section 19 – Short title and commencement

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:

Section 3 (UIF) – Administration of Act

Posted on by admin_kmos

3     Administration of Act


(1)     This Act must be administered by the Commissioner, in accordance with the provisions of the Tax Administration Act.

[Subsection (1) substituted by section 271 read with paragraph 158(a) of Schedule 1 of Act 28 of 2011]

(1A)   Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act.

[Subsection (1A) inserted by section 271 read with paragraph 158(b) of Schedule 1 of Act 28 of 2011]


(2)     In addition to section 9 of the Tax Administration Act, and in accordance with section 10 of that Act, the Commissioner may delegate any power or assign any duty which relates to the collection of-


(a)     contributions payable to the Unemployment Insurance Commissioner in terms of section 9; and


(b)     any information to be submitted by employers in terms of this Act, to the Unemployment Insurance Commissioner.

[Subsection (2) substituted by section 271 read with paragraph 158(c) of Schedule 1 of Act 28 of 2011]

Section 4 (UIF) – Application of Act

Posted on by admin_kmos

4    Application of Act


(1)    This Act applies to all employers and employees, other than—


(a)     an employee and his or her employer, where such employee is employed by that employer for less than 24 hours a month;


(b)     . . . . . .

[Paragraph (b) substituted by section 208(1) (a) of Act 45 of 2003 and deleted by section 89(1) of Act 17 of 2017 effective on 1 March, 2018]

(c)     employees in the national and provincial spheres of government who are officers or employees as defined in section 1(1) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), and their employers;

[Paragraph (c) substituted by section 208(1) (a) of Act 45 of 2003 and amended by section 144(1) (a) of Act 24 of 2011 and by section 152(1) (a) of Act 22 of 2012 both deemed effective on 1 April, 2002]

(d)     . . . . . .

[Paragraph (d) amended by section 144(1) (b) of Act 24 of 2011 and by section 152(1) (b) of Act 22 of 2012 and deleted by section 89(1) of Act 17 of 2017 effective on 1 March, 2018]

(e)     the President, Deputy President, a Minister, Deputy Minister, a member of the National Assembly, a permanent delegate to the National Council of Provinces, a Premier, a member of an Executive Council or a member of a provincial legislature; and

[Paragraph (e) added by section 144(1) (c) of Act 24 of 2011 and by section 152(1) (c) of Act 22 of 2012 both deemed effective on 1 April, 2002]

(f)      any member of a municipal council, a traditional leader, a member of a provincial House of Traditional Leaders and a member of the Council of Traditional Leaders.

[Paragraph (f) added by section 144(1) (c) of Act 24 of 2011 and by section 152(1) (c) of Act 22 of 2012 both deemed effective on 1 April, 2002]

Section 5 (UIF) – Duty to contribute to Fund

Posted on by admin_kmos

CHAPTER 2
DUTY TO CONTRIBUTE AND RECOVERY OF CONTRIBUTIONS

5     Duty to contribute to Fund

(1)     Every employer and every employee to whom this Act applies must, on a monthly basis, contribute to the Unemployment Insurance Fund.

(2)     The contributions must be paid by the employer either to the Commissioner in terms of section 8 or to the Unemployment Insurance Commissioner in terms of section 9, whichever is applicable to the particular employer.