21. Short title and commencement
This Act is called the Carbon Tax Act, 2019, and operational on on 1 June 2019.
Section 8 (MPRAA) – Maintenance of records
8 Maintenance of records
In addition to the records required under the Tax Administration Act, a registered person must retain the following records in respect of mineral resources extracted from within the Republic:
(a) particulars of “earnings before interest and taxes” as mentioned in section 5 of the Royalty Act with sufficient detail to identify all the gross sales, income and allowable deductions in respect of those earnings;
(b) particulars of “gross sales” as mentioned in section 6 of the Royalty Act with sufficient detail to identify all transferred mineral resources in respect of those gross sales and the persons acquiring those transferred mineral resources;
(c) the quantity of mineral resources—
(i) extracted but not transferred; and
(ii) transferred,
by that registered person with sufficient detail to identify the mineral resources extracted but not transferred and the mineral resources transferred;
(d) the accounting income with sufficient detail to identify the “earnings before interest and taxes” as mentioned in section 5 of the Royalty Act that relate to that accounting income;
(e) any ledger, cash book, journal, cheque book, bank statement, deposit slip, paid cheque, invoice, other book of account or financial statement; and
(f) any information specifically required by the Commissioner by public notice.
[Section 8 amended by section 271 read with paragraph 187(a) and (b) of Schedule 1 of Act 28 of 2011 and substituted by section 39(1) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
Part IV
Repealed
[Part IV repealed by section 40(1) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
9 . . . . . .
[Section 9 amended by section 271 read with paragraph 188 of Schedule 1 of Act 28 of 2011 and repealed by section 40(1) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
10 . . . . . .
[Section 10 repealed by section 271 read with paragraph 189 of Schedule 1 of Act 28 of 2011 and by section 40(1) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
11 . . . . . .
[Section 11 repealed by section 271 read with paragraph 189 of Schedule 1 of Act 28 of 2011 and by section 40(1) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
12 . . . . . .
[Section 12 repealed by section 271 read with paragraph 189 of Schedule 1 of Act 28 of 2011 and by section 40(1) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
Section 6A (MPRAA) – Refunds
6A Refunds
If in respect of a year of assessment the amount of the royalty payable by a registered person is less than the sum of the payments made by that registered person in terms of sections 5, 5A and 6, the excess must be refunded by the Commissioner to the registered person under Chapter 13 of the Tax Administration Act.
[Section 6A inserted by section 38(1) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
7 . . . . . .
[Section 7 repealed by section 271 read with paragraph 186 of Sch. 1 of Act 28 of 2011]
Section 6 (MPRAA) – Payments and returns
6 Payments and returns
(1) . . . . . .
[Subsection (1) substituted by section 28 of Act 39 of 2013 and deleted by section 37(1)(b) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
(2) If the amount of the royalty payable in respect of a year of assessment exceeds the sum of the payments made in terms of sections 5(1) and (2) and 5A, the registered person must—
(a) submit a return of that excess; and
(b) pay the excess,
not later than six months after the last day of that year of assessment.
[Subsection (2) substituted by section 37(1)(c) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
(3) A registered person must submit a final return for the royalty payable in respect of a year of assessment not later than 12 months after the last day of that year of assessment.
[Subsection (3) inserted by section 37(1)(d) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
[Section 6 amended by section 37(1)(a) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
Section 5A (MPRAA) – Adjustments of estimates
5A Adjustments of estimates
(1) The Commissioner may require a registered person to justify any estimate of the royalty payable as mentioned in section 5(1) or (2) or to furnish particulars in respect of that estimate and, if the Commissioner is dissatisfied with the amount of that estimate, the Commissioner may increase the amount of the estimate to an amount that the Commissioner considers reasonable, which increase is not subject to objection and appeal.
(2) If in respect of a year of assessment a registered person does not submit an estimate by the end of the period specified in section 5(1) or (2), the Commissioner may estimate the amount of the royalty payable in respect of that year of assessment.
(3) Any additional amount of royalty payable as a result of the increase or estimate referred to in subsection (1) or (2) must be paid within the period specified in a notice of assessment referred to in section 96 of the Tax Administration Act and issued in respect of that additional assessment.
(4) Subject to subsection (2), if a registered person fails to submit an estimate of the royalty payable in respect of a year of assessment before the end of a period of four months after the last day of that year of assessment, that registered person is regarded as having submitted an estimate of an amount of nil royalty payable.
[Section 5A inserted by section 36(1) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
Section 5 (MPRAA) – Estimates, returns and payments
Part III
Estimates, returns, payments, adjusted estimates, refunds and records
[Part III, heading substituted by section 34(1) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
5 Estimates, returns and payments
(1) In respect of a year of assessment a registered person must—
(a) estimate the royalty payable;
(b) submit a return of that estimate; and
(c) make a first payment equal to one-half of the amount of the royalty so estimated,
not later than six months after the first day of that year of assessment.
(2) In respect of a year of assessment a registered person must—
(a) estimate the royalty payable;
(b) submit a return of that estimate; and
(c) make a second payment equal to the amount of the royalty so estimated less the amount paid as mentioned in subsection (1),
by the last day of that year of assessment.
[Section 5 amended by section 36(1) of Act 8 of 2010, by section 271 read with paragraph 185(a) and (b) of Sch. 1 of Act 28 of 2011 and substituted by section 35(1) of Act 16 of 2016 effective on 1 January, 2017 and applicable in respect of years of assessment commencing on or after that date]
Section 4 (MPRAA) – Election for unincorporated body of persons
4 Election for unincorporated body of persons
(1) Notwithstanding subsection (2), if an unincorporated body of persons—
(a) consists of two or more members;
(b) of which one or more members hold a prospecting right, retention permit, exploration right, mining right, mining permit or production right granted pursuant to the Mineral and Petroleum Resources Development Act (or a lease or sublease mentioned in section 11 of that Act in respect of such a right); and
[Paragraph (b) substituted by section 271 read with paragraph 184 of Sch. 1 of Act 28 of 2011]
(c) wins or recovers a mineral resource originating from within the Republic,
all the members of that unincorporated body may elect that the unincorporated body is deemed to be a person for the purposes of this Act, the Royalty Act and the Income Tax Act as applied to the Royalty Act.
[Subsection (1) substituted by section 35(1) of Act 8 of 2010 deemed effective on 1 March, 2010]
(2) On the day on which the members of an unincorporated body make an election as mentioned in subsection (1) all the members of that unincorporated body must elect a year of assessment in respect of that unincorporated body and that year of assessment must be the same year of assessment as that of a member of that unincorporated body.
(3) If the members of an unincorporated body made an election mentioned in subsection (1)—
(a) the liabilities and duties imposed under this Act and the Royalty Act in respect of that unincorporated body must be applied and performed by that unincorporated body separately from the members of that unincorporated body;
(b) any other actions that are permitted by a person registered under this Act in respect of that unincorporated body must be performed by that unincorporated body separately from the members of that unincorporated body; and
(c) section 10 of the Royalty Act applies to that unincorporated body for as long as that unincorporated body is deemed to be a person by virtue of the election made in terms of subsection (1).
(4) Each member of an unincorporated body that made an election mentioned in subsection (1) is liable jointly and severally with the other members of that unincorporated body for—
(a) the duties of that unincorporated body under this Act and the Royalty Act;
(b) the royalty imposed under the Royalty Act on that unincorporated body in respect of all mineral resources transferred by that unincorporated body, while the member was a member of that unincorporated body.
(5) If—
(a) an unincorporated body of which the members made an election mentioned in subsection (1) is dissolved solely as a result of—
(i) the retirement, withdrawal or death of one or more members of that unincorporated body; or
(ii) the admission of a new member to that unincorporated body; and
(b) the new unincorporated body which is brought into being as a result of the dissolution mentioned in paragraph (a) satisfies the requirements of subsection (1)(a) and (b),
the election made by the members of the dissolved unincorporated body as mentioned in subsection (1) remains in effect for purposes of the new unincorporated body notwithstanding that dissolution.
(6) All the members of an unincorporated body that made an election mentioned in subsection (1) may at any time elect to terminate the registration of that unincorporated body effective on the day after the last day of the year of assessment in which that election was made.
[Section 4 substituted by section 63(1) of Act 18 of 2009 effective on 1 November, 2009]
Section 3 (MPRAA) – Cancellation of registration
3 Cancellation of registration
(1) A person registered under this Act that no longer qualifies for registration (or anticipates not qualifying for registration from a specified date) may apply to the Commissioner for cancellation of registration.
(2) Upon receipt of an application mentioned in subsection (1), the Commissioner may cancel the registration of a person mentioned in subsection (1) effective on the day after the last day of the year of assessment in which that person no longer qualified for registration as mentioned in subsection (1).
(3) The obligations and liabilities of a person under this Act and the Royalty Act in respect of anything done or omitted to be done by the person while a registered person are not affected by the cancellation of the registration of that person as mentioned in subsection (2).
Section 21 (MPRAA) – Short title and commencement
21 Short title and commencement
(1) This Act is called the Mineral and Petroleum Resources Royalty (Administration) Act, 2008.
(2) This Act comes into operation-
(a) in respect of sections 1, 2, 3, 4, 7, 17, 18 and 20 on 1 November 2009; and
(b) in respect of sections 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 19 on 1 March 2010.
[Section 21 substituted by section 66(1) of Act 18 of 2009 effective on 1 November, 2009 to the extent that it relates to paragraph (a); and effective on 1 March, 2010 to the extent that it relates to paragraph (b)]
Section 20 (MPRAA) – Regulations
20 Regulations
The Minister of Finance may make regulations—
(a) to ensure that all foreign currency translations are consistently applied;
(b) in respect of circumstances when a year of assessment may be shorter or longer than 12 months; or
(c) with respect to any matter necessary to administer this Act or the Royalty Act.