Category: PART X – MISCELLANEOUS (VAT)

Subsections 2 and 3 of section 78A of VAT Act

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(2)     Where a person is deregistered in terms of the Sixth Schedule to the Income Tax Act and registers as a vendor, any supplies of goods or services-

 

(a)     made by that person before it became a vendor;


(b)     in respect of which the time of supply would have been deemed to have taken place while that person was a registered micro business had it been registered as a vendor during that time;


(c)     which were not included in the taxable turnover of that person while it was a registered micro business; and


(d)     the receipts for which are received after it became a vendor,


must be deemed to be made in the course or furtherance of that vendor’s enterprise in the tax period in which those receipts are received.

(3)     Subject to section 18(4)(b), where a person is deregistered in terms of the Sixth Schedule to the Income Tax Act and registers as a vendor, any value-added tax paid on expenditure it incurred while it was a registered micro business may not be deducted by that vendor as input tax.

[Section 78A inserted by section 115 of Act 60 of 2008 effective on 1 March 2009

Section 86A (VAT) – Provisions relating to special economic zones

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86A.    Provisions relating to special economic zones

      

Where a provision of the Customs and Excise Act, the Manufacturing Development Act, 1993 (Act No. 187 of 1993), or the Special Economic Zones Act, or a regulation made thereunder governing the administration of special economic zones including a matter relating to the liability for or levying of value-added tax or a refund thereof or a supply of goods or services subject to tax at the zero-rate is inconsistent or in conflict with a provision of this Act, the provision of this Act will prevail.

[Section 86A inserted by section 176 of Act 60 of 2001 and substituted by section 30 of Act 16 of 2016 effective on the date on which the Special Economic Zones Act, 2014 (Act No. 16 of 2014), came into operation, 9 February 2016]

Section 86 (VAT) – Act binding on State, and effect of certain exemptions from taxes

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86. Act binding on State, and effect of certain exemptions from taxes

This Act shall bind the State, and no provision contained in any other law providing for an exemption from any tax or duty shall be construed as applying or referring, as the case may be, to the tax leviable under this Act unless such tax is specifically mentioned in such provision.

Section 84 (VAT) – Amendment of Item 18 of Schedule 1 to Act 77 of 1968

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84. Amendment of Item 18 of Schedule 1 to Act 77 of 1968, as amended by section 26 of Act 103 of 1969, section 18 of Act 66 of 1973 and section 34 of Act 87 of 1988

 

(1)     Item 18 of Schedule 1 to the Stamp Duties Act, 1968, is hereby amended­-

(a)     by the deletion of paragraphs (4) and (6); and

(b)     by the substitution in paragraph (7) for the words “any policy” of the words “any above-mentioned policy”.

(2)     Subsection (1) shall come into operation on the commencement date in respect of insurance policies, certificates of insurance and endorsements thereon executed on or after that date and renewals thereof falling due on or after that date.

Section 83 (VAT) – Amendment of Item 15 of Schedule 1 to Act 77 of 1968

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83. Amendment of Item 15 of Schedule 1 to Act 77 of 1968, as substituted by section 13 of Act 89 of 1972 and amended by section 16 of Act 66 of 1973, section 21 of Act 88 of 1974, section 3 of Act 104 of 1976, section 20 of Act 114 of 1977, section 8 of Act 95 of 1978, section 8 of Act 102 of 1979, section 21 of Act 106 of 1980, section 9 of Act 99 of 1981, section 7 of Act 97 of 1982, section 14 of Act 92 of 1983, section 11 of Act 118 of 1984, section 11 of Act 81 of 1985, section 5 of Act 71 of 1986, section 13 of Act 108 of 1986, section 11 of Act 86 of 1987, section 33 of Act 87 of 1988 and section 14 of Act 69 of 1989

Item 15 of Schedule 1 to the Stamp Duties Act, 1968, is hereby amended by the addition under the heading “Exemptions from the duty under paragraph (3):” of the following subparagraph:

“(v)   Any registration of transfer of any share in a share block company as defined in section 1 of the Share Blocks Control Act, 1980 (Act No. 59 of 1980), which confers a right to or an  interest in the use of immovable property, where such registration is in consequence of a sale or disposal of such share which in terms of the Value-Added Tax Act, 1991, constitutes a supply of such share and in terms of that Act value-added tax has been or will be paid by the transferor in respect of such supply.”.