“returnable container” means any container belonging to a class of containers in relation to which, at the time of delivery of the contents thereof, ownership of that container is not transferred to the recipient of the contents and a specifically identified amount is usually charged as a deposit by the supplier of the contents upon the express undertaking of the supplier that upon the return of that container such deposit will be refunded or allowed as a credit to such recipient or any other person returning such container;
Category: Value-Added Tax Act No. 89 of 1991
“Resident of the Republic” definition of section 1 of VAT Act
“resident of the Republic” means a resident as defined in section 1 of the Income Tax Act: Provided that any other person or any other company shall be deemed to be a resident of the Republic to the extent that such person or company carries on in the Republic any enterprise or other activity and has a fixed or permanent place in the Republic relating to such enterprise or other activity;
[Definition of “resident of the Republic” amended by section 64 of Act 59 of 2000]
“Republic” definition of section 1 of VAT Act
“Republic”, in the geographical sense, means the territory of the Republic of South Africa and includes the territorial waters, the contiguous zone and the continental shelf referred to respectively in sections 4, 5 and 8 of the Maritime Zones Act, 1994 (Act No. 15 of 1994);
[Definition of “Republic” substituted by section 18 of Act 37 of 1996]
“Rental agreement” definition of section 1 of VAT Act
“rental agreement” means-
(a) any agreement entered into before, on or after the commencement date for the letting of goods, other than a lease referred to in paragraph (b) of the definition of “instalment credit agreement” in this section or a financial lease as defined in the Sales Tax Act, 1978 (Act No. 103 of 1978), prior to its repeal; and
(b) any rental agreement, as defined in the said Act where such agreement is in force on or after the commencement date;
“Recipient” definition of section 1 of VAT Act
“recipient”, in relation to any supply of goods or services, means the person to whom the supply is made
“Public authority” definition of section 1 of VAT Act
“public authority” means-
(i) any department or division of the public service as listed Schedules 1, 2 or 3 of the Public Service Act, 1994 (Act No. 103 of 1994); or
(ii) any public entity listed in Part A or C of Schedule 3 to the Public Finance Management Act, 1999 (Act No. 1 of 1999); or
(iii) any other public entity designated by the Minister for the purposes of this Act to be a public authority;
[Definition of “public authority” substituted by section 148 of Act 60 of 2001 and section 92 of Act 32 of 2004]
“Prescribed rate” definition of section 1 of VAT Act
“prescribed rate” in relation to any interest payable in terms of this Act means a rate equal to the rate fixed from time to time by the Minister by notice in the Gazette in terms of section 80(1)(b) of the Public Finance Management Act, 1999 (Act No. 1 of 1999): Provided that where the Minister fixes a new rate in terms of that Act, that new rate applies for purposes of this Act from the first day of the second month following the date on which that new rate came into operation;
[Definition of “prescribed rate” inserted by section 1 of Act 61 of 1993, amended by section 9 of Act 20 of 1994, GN 1505 of 1998, GN 541 of 1999, GN 1065 of 1999, GN 184 of 2000 and GN 1160 of 2002 and substituted by section 114 of Act 74 of 2002 and section 43 of Act 16 of 2004]
[Definition of “prescribed rate” to be substituted by section 271 of Act 28 of 2011 with effect from a date determined by the President by proclamation in the Gazette]
“Precious metal” definition of section 1 of VAT Act
“precious metals” means gold, silver, platinum, iridium and any other metals of the platinum group, and any other metal which the State President has by proclamation in the Gazette declared to be a precious metal for the purpose of this Act;
“Person” definition of section 1 of VAT Act
“person” includes any public authority, any municipality, any company, any body of persons (corporate or unincorporated), the estate of any deceased or insolvent person and any trust fund;
[Definition of “person” substituted by section 101(e) of Act 31 of 2005, by section 40(1)(k) of Act 9 of 2006 and by section 66(1)(d) of Act 34 of 2019 effective on 1 April, 2020]
“Output tax” definition of section 1 of VAT Act
“output tax”, in relation to any vendor, means the tax charged under section 7(1)(a) in respect of the supply of goods and services by that vendor;