Tax Administration Laws Amendment Act 16 of 2016 (English / Afrikaans)

Files: 
16 of 2016

The Tax Administration Laws Amendment Act 16 intends to:

  • amend the Income Tax Act, 1962, so as:
    • to provide for delegation of a power to disclose certain information;
    • to remove an obligation to submit a return for a dividend derived from a tax free investment;
    • to amend a Schedule to include a class of taxpayers as provisional taxpayers;
    • to amend a definition so as to include taxable dividends;
    • to further regulate the manner of prescribing an effective date;
    • to further regulate the withholding of employees’ tax; and
    • to effect textual amendments;
  • amend the Customs and Excise Act, 1964, so as:
    • to narrow the scope of provisions relating to Special Economic Zones and to align terminology with terminology used in the Special Economic Zones Act, 2014;
    • to broaden the scope of provisions relating to marking, tracking and tracing of tobacco products and to make certain changes relating to the maximum allowed weight of cigarettes for import or manufacturing;
    • to align the prescription period for refunds to the general prescription period of three years; and
    • to make changes to provisions relating to the payment and calculation of interest on outstanding amounts;
  • amend the Value-Added Tax Act, 1991, so as:
    • to amend provisions to align with the Special Economic Zones Act, 2014;
    • to amend provisions relating to acceptable documentary proof;
    • to reinsert a prescription period; and
    • to amend a Schedule;
  • amend the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, so as:
    • to provide greater alignment with the Fourth Schedule to the Income Tax Act, 1962; and
    • to make technical corrections;
  • amend the Tax Administration Act, 2011, so as:
    • to amend definitions;
    • to specify payment of monies to the National Revenue Fund;
    • to extend the term of office of the Tax Ombud;
    • to provide for appointment of staff of the office of the Tax Ombud;
    • to broaden the mandate of the Tax Ombud;
    • to impose an obligation to provide reasons for not following non-binding recommendations by the Tax Ombud;
    • to provide for disclosure of certain approved organisations;
    • to extend the period for retention of records by SARS;
    • to extend a period of limitation; to amend the provision for an additional assessment;
    • to extend a period within which to apply for a condonation of a late objection;
    • to amend the constitution of a tax court; to narrow the application of a provision;
    • to add a definition and make provision for a penalty relating to an impermissible avoidance arrangement; and
    • to amend the provision for voluntary disclosure of a default;
  • amend the Customs Duty Act, 2014, so as:
    • to delete certain unnecessary provisions and to combine certain provisions for purposes of clarity;
  • amend the Customs Control Act, 2014, so as:
    • to make certain technical corrections;
    • to delete certain unnecessary provisions;
    • to make changes to provisions relating to the submission of cross-border train departure reports;
    • to provide for the transmission of electricity under the international transit procedure;
    • to broaden a rule enabling provision to include rules relating to the treatment of detained counterfeit goods in state warehouses; and
    • generally to make adjustments for the smoother implementation of that Act, and
  • to provide for matters connected therewith.

Amends

Tax Administration Laws Amendment Act 44 of 2014

Commencement

19 January 2017, unless otherwise indicated