28. Returns and payments of tax

(1)     Every vendor shall, within the period ending on the twenty-fifth day of the first month commencing after the end of a tax period relating to such vendor or, where such tax period ends on or after the first day and before the twenty-fifth day of a month, within the period ending on such twenty-fifth day-

[Words preceding paragraph (a) substituted by section 41 of Act 61 of 2008 and section 31 of Act 21 of 2012 effective on 20 December 2012]

(a)     furnish the Commissioner with a return reflecting such information as may be required for the purpose of the calculation of tax in terms of section 14 or 16; and

[Paragraph (a) substituted by section 37 of Act 32 of 2005 and section 31 of Act 8 of 2010 effective on 2 November 2010]

(b)     calculate the amounts of such tax in accordance with the said section and pay the tax payable to the Commissioner or calculate the amount of any refund due to the vendor:

Provided that-

(i)                ……….

[Subparagraph (i) deleted by section 271 of Act 28 of 2011 effective on 1 October 2012]

(ii)     where payment of the full amount of the tax is effected by means of a debit order and the requirements for the transfer of the tax have been met by the vendor, such debit order shall not be effected prior to the last business day of the month during which the said twenty-fifth day falls and the period within which the tax is required to be paid shall be deemed to end on the last business day of such month;

[Subparagraph (ii) substituted by section 32 of Act 36 of 2007]

(iii)    a vendor registered with the Commissioner to submit returns electronically is deemed to have submitted the return and made payment within the period contemplated in subsection (1) if the vendor submits the returns and makes full payment of the amount of tax electronically in the prescribed form and manner within the period ending on the last business day of the month during which that twenty-fifth day falls;

[Subparagraph (iii) substituted by section 32 of Act 36 of 2007, section 271 of Act 28 of 2011 effective on 1 October 2012 and section 31 of Act 21 of 2012 effective on 20 December 2012]

(2)     Every vendor who is registered in terms of the provisions of Part III shall within the period allowed by subsection (1) of this section furnish the return referred to in that subsection in respect of each tax period relating to such vendor, whether or not tax is payable or a refund is due in respect of such period.