Category: Section 89quat (ITA) – Interest on underpayments and overpayments of tax

Section 89quat

 

  1. Subsection (1) amended by section 42 of Act 113 of 1993, section 33 of Act 21 of 1995, section 50 of Act 59 of 2000, section 49 of Act 74 of 2002, section 17 of Act 34 of 2004 and section 18 of Act 4 of 2008 and deleted by section 271 of Act 28 of 2011 effective on 1 October 2012.

 

  1. Paragraph (2)(a) amended by section 2 of Act 8 of 2007.

 

  1. Paragraph(2)(b) amended by section 2 of Act 8 of 2007.

 

  1. Subsection (3) substituted by section 24 of Act 36 of 1996, section 29 of Act 5 of 2001 and section 17 of Act 8 of 2010 effective on 1 November 2010.

 

  1. Subsection (3A) inserted by section 42 of Act 113 of 1993 and substituted by section 24 of Act 36 of 1996.

 

  1. Paragraph (4)(a) amended by section 2 of Act 8 of 2007.

 

  1. Paragraph (4)(b) substituted by section 43 of Act 8 of 2007.

 

  1. Subsection (4) amended by section 18 of Act 70 of 1989 and section 42 of Act 113 of 1993.

 

  1. Subsection (5) added by section 42 of Act 113 of 1993 and deleted by section 271 of Act 28 of 2011 effective on 1 October 2012.

 

  1. Subsection (6) added by section 15 of Act 140 of 1993.

 

  1. Section 89quat inserted by section 46 of Act 85 of 1974, repealed by section 37 of Act 94 of 1983, inserted by section 34 of Act 121 of 1984 and substituted by section 22 of Act 65 of 1986.

 

  1. Section 89quat to be repealed by section 271 of Act 28 of 2011 effective on a date determined by the President by proclamation in the Gazette.

“Credit amount” definition of section 89quat of ITA

Posted on by admin_kmos

“credit amount”, in relation to any year of assessment of any provisional taxpayer, means the sum of –

 

(a)     the provisional tax paid by the taxpayer under the provisions of paragraph 21, or 23 of the Fourth Schedule in respect of such year;

 

(b)     any additional provisional tax paid by the taxpayer in respect of such year under the provisions of paragraph 23A of that Schedule;

 

(c)     any amounts of employees tax deducted or withheld by the taxpayer’s employer during such year; and

 

(d)     any amount of foreign taxes which may be deducted from the tax payable by such taxpayer in respect of the relevant year of assessment in terms of the provisions of section 6quat;

“Effective date” definition of section 89quat of ITA

Posted on by admin_kmos

“effective date”, in relation to any year of assessment of a provisional taxpayer, means –

 

(a)     where the provisional taxpayer is a company which has a year of assessment which ends on the last day of February or is a person (other than a company) who has not been granted permission by the Commissioner under the provisions of section 66(13A) to render accounts for a period ending on a date other than the last day of February, the date falling seven months after the last day of such year; or

 

(b)     in any other case, the date falling six months after the last day of such year as applicable for the purposes of the provisions of paragraph 21 or 23 of the Fourth Schedule;

Subsection 2 to 6 of section 89quat of ITA

Posted on by admin_kmos

(2)     If the taxable income of any provisional taxpayer as finally determined for any year of assessment exceeds –

(a)     R20 000 in the case of a company; or

 

(b)     R50 000 in the case of any person other than a company,

 

and the normal tax payable by him in respect of such taxable income exceeds the credit amount in relation to such year, interest shall, subject to the provisions of subsection (3), be payable by the taxpayer at the prescribed rate on the amount by which such normal tax exceeds the credit amount, such interest being calculated from the effective date in relation to the said year until the date of assessment of such normal tax.

(3)     Where the Commissioner having regard to the circumstances of the case is satisfied that the interest payable in terms of subsection (2) is a result of circumstances beyond the control of the taxpayer, the Commissioner may direct that interest shall not be paid in whole or in part by the taxpayer.

(3A)  Where any natural person has, in respect of the year of assessment during which he for the first time became a provisional taxpayer, become liable for the payment of interest under subsection (2), the Commissioner may, subject to the provisions of section 103(6), if he is satisfied that the circumstances warrant such action, direct that interest shall not be paid by such person in respect of such year of assessment.

(4)     If in the case of any provisional taxpayer the credit amount in relation to any year of assessment exceeds the normal tax payable in respect of his taxable income as finally determined for that year and –

(a)     the amount of that excess exceeds R10 000; or

 

(b)     such taxable income exceeds –

 

(i)      R20 000 in the case of a company; or

 

(ii)     R50 000 in the case of any person other than a company,

 

interest shall be payable to the taxpayer at the prescribed rate on the difference between the credit amount and such normal tax, such interest being calculated from the effective date in relation to the said year until the date on which such difference is refunded to the taxpayer: Provided that where any interest is payable to the taxpayer on any amount in respect of any period in terms of the provisions of section 88, no interest shall be payable to the taxpayer in terms of the provisions of this subsection in respect of the said amount and period.

(5)     ……….

(6)     The payment by the Commissioner of any interest under the provisions of this section shall be deemed to be a drawback from revenue charged to the National Revenue Fund.