South African Government

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Tax Administration Laws Amendment Act 21 of 2021 (English / Afrikaans)

21 of 2021

The Tax Administration Laws Amendment Act 21 of 2021 intends:

To—

  • amend the Estate Duty Act, 1955, so as to make textual corrections;
  • amend the Income Tax Act, 1962, so as
    • to enable the Commissioner to request certain information by public notice;
    • to align the provision with regard to submission of a return by a foreign person in respect of withholding tax on royalties with that of withholding tax on interest;
    • to align the refund limitation rules for dividends paid in specie with that of dividends paid in cash;
    • to provide that the prescription periods will not apply with regard to certain deductions claimed by farmers and to provide for extended record-keeping periods; to provide for textual corrections;
    • to provide for a penalty to be raised on an estimate of employees’ tax; to provide that a first provisional tax payment and return will not be required when the duration of a year of assessment does not exceed six months; and
    • to provide for the deletion of a penalty;
  • amend the Customs and Excise Act, 1964, so as
    • to make technical corrections;
    •  to expand the purposes for which air cargo may be removed to degrouping depots to include consolidation and removal to transit sheds for export;
    • to effect amendments consequential to changes to the SARS customs accreditation system;
    • to expand the scope of matters that SARS may investigate to confirm the validity of a diesel refund claim; and
    • to make the unlawful possession or use of a customs uniform an offence;
  • amend the Tax Administration Act, 2011, so as
    • to make textual corrections;
    • to provide for an extension in submission of a return or relevant material with regard to assessments based on an estimate;
    • to provide for a date from which a taxpayer may lodge an objection and appeal with regard to assessments based on an estimate;
    • to provide for an exception to prescription; and
    • to correct a cross-reference;
  • amend the Disaster Management Tax Relief Administration Act, 2020, so as to amend certain dates in order to provide relief under the Act, and
  • to provide for matters connected therewith.

Commencement

19 January 2022