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Value-Added Tax Act 10 of 2000

Value-Added Tax Act 10 of 2000

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Published by André Le Roux

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Published by: André Le Roux on Jun 21, 2009
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05/11/2014

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VALUE-ADDED TAX ACT 10 OF 2000
[ASSENTED TO 10 MAY 2000] [DATE OF COMMENCEMENT: 27 NOVEMBER 2000]
(Signed by the President)
as amended by
Value-Added Tax Amendment Act 34 of 2000Value-Added Tax Amendment Act 6 of 2002Value-Added Tax Amendment Act 12 of 2004
ACTTo provide for the imposition and collection of value-added tax and to provide for matters incidental thereto.
ARRANGEMENT OF SECTIONSPART IINTRODUCTORY PROVISIONS
1Definitions2Open market value3Supply4Taxable activity5Act to bind State
PART IIIMPOSITION OF VALUE-ADDED TAX
6Imposition of value-added tax
PART IIIPROVISIONS RELATING TO SUPPLIES
7Time of supply8Value of supply9Zero rating10Exempt supply
PART IVPROVISIONS RELATING TO IMPORTS
11Time of import12Value of import13Exempt import14Import declaration and payment of tax
PART VREGISTRATION
15Registration16Application for registration17Cancellation of registration
PART VICALCULATION OF TAX PAYABLE
18Calculation of tax payable by registered person for a tax period19Rules relating to input tax20Post-sale adjustments21Tax invoices22Tax credit notes and tax debit notes
PART VIITAX PERIOD, RETURNS AND ASSESSMENTS
23Tax period24Returns25Assessments26General provisions relating to assessments
PART VIIIOBJECTIONS AND APPEALS
27Objections28Appeals29Burden of proof 
 
PART IXCOLLECTION AND RECOVERY
30Due date for payment of tax31Tax as a debt due to the State32Security33Preferential claim to assets34Seizure of goods35Recovery of tax from recipient of supply36Recovery of tax from third parties37Duties of receivers
PART XREFUND OF TAX AND TAX RELIEF
38Refund of tax39Interest on delayed refunds40Tax relief allowable to certain diplomats, diplomatic and consular missions and public internationalorganisations, and in respect of certain technical assistance agreements
PART XIREPRESENTATIVES
41Persons acting in a representative capacity42Power to appoint agent
PART XIISPECIAL MATTERS
43Branches and divisions44Bodies of persons (other than incorporated companies)45Death or insolvency of, or property mortgaged by, registered person46Trustee
PART XIIIRECORDS AND INVESTIGATION POWERS
47Interpretation48Record-keeping49Access to records and computers50Notice to obtain information or evidence51Records not in English language
PART XIVVAT REGISTRATION NUMBER
52VAT registration number 
PART XVINTEREST, OFFENCES AND PENALTIES
53Interest54Offences relating to registration and tax period55Offences relating to tax invoices, tax credit notes, tax debit notes and exemption certificates56Failure to furnish returns, import declarations or other documents57Failure to comply with recovery provisions58Failure to maintain proper records59Failure to comply with demand or provide reasonable assistance60Failure to comply with a section 50 notice61Improper use of VAT registration number 62False or misleading statements63Obstructing taxation officers64Offences by taxation officers65Offences by companies66Penalty for failure to register 67Penalty for failure to furnish returns or import declarations68Penalty for failure to pay tax when due69Penalty in relation to records70Penalty for making false or misleading statements71Recovery of penalties
PART XVIADMINISTRATION
 
 72Administration of Act73Exercise of powers and performance of duties74Secrecy
PART XVIIFORMS AND NOTICES
75Forms and notices, and authentication of documents76Service of notices and other documents
PART XVIIIGENERAL PROVISIONS
77Tax-inclusive pricing78Variation of consideration on a change in rate of tax79Application of increased or reduced tax rate80Schemes for obtaining tax benefits81Currency conversion82International tax agreements83Arrangements to overcome difficulties or anomalies84Regulations85Variation in rate of tax and amendment of penalties86Repeal of laws, and interpretation87Transitional arrangements88Short title and commencementSchedule I - Financial Leases and Rental AgreementsSchedule II - Supplies and Imports Subject to Rate of 30%Schedule III - Zero-rated SuppliesSchedule IV - Exempt SuppliesSchedule V - Exempt ImportsSchedule VI - Tax Invoices, Tax Credit Notes and Tax Debit NotesSchedule VII - Laws Repealed
PART IINTRODUCTORY PROVISIONS (ss 1-5)1 Definitions
In this Act, unless the context otherwise indicates-
"appealable decision"
means-
(a)
any decision contemplated in section 12(7), 16(6), 17(11), 19(7), 23(10), 24(6), 25(10), 27(7),28(7), 30(3), 32(5), 36(6), 38(9), 71(6) or 80(3); or 
(b)
any assessment made by the Commissioner under this Act;
"association not for gain"
means-
(a)
any institution of religious worship or institution of education, or any charitable organisation,children's home, old-age home, orphanage or institution of a similar nature; or 
[Para
(a)
substituted by sec 1
(a)
of Act 34 of 2000.]
(b)
any other society, association or organisation, whether incorporated or not, which-(i) is carried on otherwise than for the purposes of profit or gain to any proprietor, member or shareholder; and(ii) is, in terms of its memorandum, articles of association, written rules or other documentconstituting or governing the activities of that society, association or organisation-
(aa)
required to utilise any property or income solely in the furtherance of its aims and objects;and
(bb)
prohibited from transferring any portion thereof directly or indirectly in any manner whatsoever so as to profit any person other than by way of the payment in good faith of reasonable remuneration to any officer or employee of the society, association or organisation for any services actually rendered to such society, association or organisation;and
(cc)
upon the winding-up or liquidation of such society, association or organisation, obliged to giveor transfer its assets remaining after the satisfaction of its liabilities to some other society,

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