“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]
“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;
“sale” means an agreement of purchase and sale and includes any transaction or act whereby or in consequence of which ownership of goods passes or is to pass from one person to another;
“second-hand goods” means-
(a) goods which were previously owned and used; or
(b) in respect of the transfer of a unit in the circumstances referred to in Item 8 of Schedule 1 to the Share Blocks Control Act, such unit,
but does not include-
(i) animals;
(ii)
(aa) goods consisting solely of gold unless acquired for the sole purpose of supplying such goods in the same state without any further processing;
(bb) gold coins contemplated in section 11(1)(k); or
(cc) any other goods containing gold unless those goods are acquired for the sole purpose of supplying those goods in the same or substantially the same state to another person;
[Subparagraph (ii) amended by section 104 of Act 60 of 2008 and substituted by section 95 of Act 43 of 2014 and section 83 of Act 15 of 2016 effective on 1 April 2017]
(iii) any prospecting right, mining right, exploration right, production right, mining permit, retention permit or reconnaissance permit as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), or any reconnaissance permission contemplated in section 14 of that Act granted or renewed in terms of that Act or received upon conversion pursuant to Schedule II, except when that prospecting right, mining right, exploration right, production right or interest in that right is transferred, ceded, let, sublet, alienated, varied or otherwise disposed of as contemplated in section 11 of the Mineral and Petroleum Resources Development Act, 2002;
[Paragraph (iii) added by section 164 of Act 45 of 2003 and substituted by section 43 of Act 16 of 2004]
[Definition of “second-hand goods” substituted by GN 2695 of 1991, section 12 of Act 136 of 1992 and section 9 of Act 20 of 1994 and amended by section 164 of Act 45 of 2003]
“services” means anything done or to be done, including the granting, assignment, cession or surrender of any right or the making available of any facility or advantage, but excluding a supply of goods, money or any stamp, form or card contemplated in paragraph (c) of the definition of “goods”;
[Definition of “services” substituted by section 12 of Act 136 of 1992]
“SEZ operator” means an operator defined in section 1 of the Special Economic Zones Act;
[Definition of “SEZ operator” inserted by section 23 of Act 16 of 2016 effective on the date on which the Special Economic Zones Act, 2014, (Act No. 16 of 2014) is operational, 9 February 2016]
“Special Economic Zone” or “SEZ” has the meaning assigned thereto in section 21A(1) of the Customs and Excise Act;
[Definition of “Special Economic Zone” or “SEZ” inserted by section 23 of Act 16 of 2016 effective on the date on which the Special Economic Zones Act2014, (Act No. 16 of 2014) is operational, 9 February 2016]
“share block company” means a share block company as defined in section 1 of the Share Blocks Control Act;
[Definition of “share block company” inserted by section 12 of Act 136 of 1992 and substituted by section 9 of Act 20 of 1994]
“Share Blocks Control Act” means the Share Blocks Control Act, 1980 (Act No. 59 of 1980);
[Definition of “Share Blocks Control Act” inserted by section 9 of Act 20 of 1994]
“shareholder”–
(a) in relation to any company referred to in paragraph (a), (b) or (d) of the definition of ‘company” in section 1(1) of the Income Tax Act, means the registered shareholder in respect of any share, except that where some person other than the registered shareholder is entitled, whether by virtue of any provision in the memorandum or articles of association of the company or under the terms of any agreement or contract, or otherwise, to all or part of the benefit of the rights of participation in the profits, income or capital attaching to the share so registered, that other person shall, to the extent that such person is entitled to such benefit, also be deemed to be a shareholder; or
(b) in relation to any close corporation, means a member of such corporation; or
(c) in relation to any co-operative, means a member of such co-operative;
[Definition of “shareholder” inserted by section 128 of Act 25 of 2015 effective on 1 April 2012 – Date of operation in section 128 of Act 25 of 2015 as amended by section 106 of Act 15 of 2016]