Revenue Laws Second Amendment Act 21 of 2006

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21 of 2006

The Revenue Laws Second Amendment Act 21 of 2006 intends:

  • to amend the Estate Duty Act, 1955, so as:
    • to provide for the declaration of an agent;
    • to regulate the rights and duties of that agent; 
  • to amend the Income Tax Act, 1962, so as:
    • to extend the application of the objection and appeal procedure;
    • to extend the exceptions to the secrecy provisions;
    • to provide for the delegation of powers and duties by the Minister;
    • to amend the regulation of reportable arrangements;
  • to amend the Customs and Excise Act, 1964, so as:
    • to insert, amend and delete certain definitions;
    • to provide for powers and duties of the Director-General: Agriculture;
    • to further regulate the circumstances in which the Commissioner or any officer may disclose information;
    • to provide that goods may be examined by using an X-ray scanner or other non-intrusive inspection methods and matters relating thereto;
    • to further provide for places that may be appointed, prescribed or designated where imported goods may be landed or from where goods may be exported;
    • to provide for special provisions in relation to customs controlled areas;
    • to further regulate reporting of the arrival and departure of a foreign-going ship or aircraft;
    • to further regulate provisions relating to cargo reports;
    • to amend provisions relating to the landing of imported goods and the loading of goods for export;
    • to provide for seals and sealing of containers, sealing of packages and vehicles and goods to be secured by other fastenings and matters incidental thereto;
    • to further regulate the removal of goods in bond by a container operator or pilot of an aircraft or an airline;
    • to further regulate the storage and entry of goods free of duty in a customs and excise warehouse;
    • to amend definitions and delete a reference to a customs controlled area enterprise permit in provisions for the administration of a customs controlled area in an industrial development zone;
    • to repeal section 31;
    • to amend provisions in respect of biofuel so as to allow the Commissioner to exempt by rule any person or class of persons from licensing and to exempt a registered manufacturer from payment of duty as may be prescribed by rule;
    • to amend the provisions relating to the time of entry of goods for export, when goods are deemed to have been exported and to require that the Controller must be informed concerning a change in mode of transport of goods as may be prescribed by rule;
    • to delete an obsolete appeal provision;
    • to provide for licensing of container terminals, combination terminals, road vehicle terminals, bulk goods terminals, container operators and transit sheds;
    •  to provide for a penal provision;
    • to provide that notice must be delivered where any person applies to the High Court for the sale of arrested property under the Admiralty Jurisdiction Regulations (Act No. 105 of 1983);
    • to provide for the licensing of an agent of a master, pilot or other carrier and to define airline and shipping line;
    • to further regulate the handling of and dealing with goods;
    • to further regulate provisions empowering the Commissioner to make rules;
  • to amend the Value-Added Tax Act, 1991, so as:
    • to extend the exceptions to the secrecy provisions;
    • to extend the list of vendors who may account for VAT on the payments basis;
    • to amend the minimum amount required in respect of acquisition of second-hand goods;
    • to amend and further provide for the issuing of binding VAT rulings;
  • to amend the Uncertificated Securities Tax Act, 1998, so as to clarify the provisions regulating the recovery of tax by a member or participant;
  • to amend the Revenue Laws Amendment Act, 2001, so as to repeal section 42 thereof;
  • to amend the Second Revenue Laws Amendment Act, 2004, so as to delete the Advance Tax Ruling provisions from the Value-Added Tax Act;
  • to amend the Taxation Laws Second Amendment Act, 2005, so as to delete the Advance Tax Ruling provisions from the Value-Added Tax Act;
  • to amend the Revenue Laws Second Amendment Act, 2005, so as to further regulate a request for reasons;
  • to amend the Second Small Business Tax Amnesty and Amendment of Taxation Laws Act, 2006, so as:
    • to provide that the rules relating to objection and appeal apply to the amnesty for small business;
    • to exempt an auditor from certain provisions of the Auditing Profession Act, 2005; and
    • to effect certain textual and consequential amendments; and
  • to provide for matters connected therewith.

Commencement

  • 7 February 2007, unless otherwise indicated
  • 15 January 2008, Sections 7(1)(m), 9(1) and 34(1) (Gazette 30508 of 30 November 2007)

Amendments