Tax Administration Laws Amendment Act 33 of 2019 (English / Afrikaans)

Files: 
33 of 2019

The Tax Administration Laws Amendment Act 33 of 2019 aims:

  • To
    • amend the Income Tax Act, 1962, so as:
      • to subject a certain decision under the Act to objection and appeal;
      • to make technical corrections;
      • to provide a time period for the validity of a declaration and a written undertaking in respect of the withholding of withholding tax on interest, withholding tax on royalties, and dividends tax;
      • to remove a requirement to submit a declaration to a regulated intermediary in respect of tax free investments;
      • to clarify that a penalty may be imposed if an employer submits an incomplete return; and
      • to insert a provision that an executor need not submit a provisional tax return for the provisional period ending on the date of death;
    • amend the Customs and Excise Act, 1964, so as:
      • to make technical corrections; 
      • to insert definitions;
      • to extend a provision providing for information sharing and exclude certain information from the application of the prohibition on disclosure of information;
      • to clarify that an invoice may be amended by the issuing of an amended invoice or by the issuing of a credit or debit note in circumstances where the amount reflected on the invoice is amended;
      • to clarify that tariff determinations, amendments to tariff determinations or new tariff determinations apply to all identical goods entered by the same person, whether the goods were entered before or after the date on which the determination is issued;
      • to exclude bulk removals between excise manufacturing warehouses of alcoholic beverages classified under any subheading of heading 22.04 or 22.05 of Part 1 of Schedule 1 from compulsory tariff determinations;
      • to clarify that value determinations, amendments to value determinations or new value determinations apply to goods mentioned therein entered by the same person before or after the date on which the determination is issued;
      • to limit the circumstances in relation to which applications for general refunds will be considered; and
      • to extend the general rule-enabling provision to include matters relating to the making of advance payments in relation to the importation of goods;
    • amend the Value-Added Tax Act, 1991, so as:
      • to make technical corrections;
      • to remove a requirement that the Minister of Finance must prescribe by regulation the particulars to be contained on a tax invoice issued by a foreign supplier of electronic services; and
      • to clarify that rulings under the Act are not subject to the prescribed fee under the Tax Administration Act, 2011;
    • amend the Skills Development Levies Act, 1999, so as:
      • to make technical corrections;
      • to provide for a procedure if an employer has incorrectly indicated the jurisdiction of a SETA; and
      • to align the time periods for a refund under the Act with the Tax Administration Act, 2011;
    • amend the Unemployment Insurance Contributions Act, 2002, so as
      • to align the time periods for a refund under the Act with the Tax Administration Act, 2011;
    • amend the Tax Administration Act, 2011, so as;
      • to make technical corrections;
      • to extend the notice period prior to the institution of legal proceedings;
      • to effect consequential amendments pursuant to the Legal Practice Act, 2014;
      • to clarify that an assessment or decision is final if an appeal is withdrawn;
      • to clarify that an amount may be set-off against a customs and excise debt even if there is no outstanding debt under the Act;
      • to clarify when SARS may make an assessment based on an estimate if no return is submitted or required;
      • to provide for an administrative penalty for failure to report a Common Reporting Standard avoidance scheme or opaque offshore scheme under the Common Reporting Standard regulations issued under the Act;
      • to subject erroneous, incomplete or false third party returns to criminal sanction under the Act; and
      • to align the provisions regulating the tax compliance status of a taxpayer with the automation thereof;
  • and to provide for matters connected therewith.

Commencement

15 January 2020 unless otherwise indicated