“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]

“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;

“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]

“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]

“Returnable container” definition of section 1 of VAT Act

“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;

“Second-hand goods” definition of section 1 of VAT Act

“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” definition of section 1 of VAT Act

“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]