1. Definitions
In this Act, unless the context indicates otherwise, a term which is assigned a meaning in another tax Act has the meaning so assigned, and the following terms have the following meaning:
Section 1
1. Definitions
In this Act, unless the context indicates otherwise, a term which is assigned a meaning in another tax Act has the meaning so assigned, and the following terms have the following meaning:
“additional assessment” is an assessment referred to in section 92;
“administration of a tax Act” has the meaning assigned in section 3(2);
“administrative non-compliance penalty” has the meaning assigned in section 208;
“assessment” means the determination of the amount of a tax liability or refund, by way of self-assessment by the taxpayer or assessment by SARS;
“asset” includes-
(a) property of whatever nature, whether movable or immovable, corporeal or incorporeal; and
(b) a right or interest of whatever nature to or in the property;
“beneficial owner”-
(a) of a company, has the meaning assigned to it by section 1 of the Companies Act, 2008 (Act 71 of 2008);
(b) of a partnership, means a natural person who, directly or indirectly, ultimately owns, or exercises effective control of, the partnership, and includes—
(i) every partner, including every member of a partnership en commandite, an anonymous partnership or any similar partnership;
(ii) if a partner in the partnership is a legal person or a natural person acting on behalf of a partnership or in pursuance of the provisions of a trust agreement, the beneficial owner of that legal person, partnership or trust; and
(iii) the natural person who exercises executive control over the partnership; and
(c) of a trust, has the meaning assigned to it by section 1 of the Trust Property Control Act, 1988 (Act 57 of 1988).
[Definition of “beneficial owner” inserted by section 25 of Act 18 of 2023]
“biometric information” means biological data used to authenticate the identity of a natural person by means of-
(a) facial recognition;
(b) fingerprint recognition;
(c) voice recognition;
(d) iris or retina recognition; and
(e) other, less intrusive biological data, as may be prescribed by the Minister in a regulation issued under section 257;
“business day” means a day which is not a Saturday, Sunday or public holiday, and for purposes of determining the days or a period allowed for complying with the provisions of Chapter 9, excludes the days between 16 December of each year and 15 January of the following year, both days inclusive;
“Commissioner” means the Commissioner for the South African Revenue Service appointed in terms of section 6 of the SARS Act or the Acting Commissioner designated in terms of section 7 of that Act;