New legislation gazetted on 20 January 2021 (Extract from our weekly Lexinfo Attorney Alert)


The following Acts were gazetted on 20 January 2021:

  • Tax Administration Laws Amendment Act 24 of 2020

  • Taxation Laws Amendment Act 23 of 2020

  • Rates and Monetary Amounts and Amendment of Revenue Laws Act 22 of 2020

  • Second Adjustments Appropriation Act 21of 2020

  • Division of Revenue Second Amendment Act 20 of 2020

Details regarding the content, commencement dates and links to the full-text Acts are provided here below.


Tax Administration Laws Amendment Act 24 of 2020

“To—

  • amend the Estate Duty Act, 1955, so as to make textual corrections; ·

  • amend the Income Tax Act, 1962, so as to delete obsolete wording; to make a decision subject to objection and appeal; to enable a public benefit organisation to provide funds and assets to any department of government of the Republic and effect consequential amendments relating thereto; to align provisions to provide that only approved public benefit organisations can provide certain certificates; to provide that audit certificates must be obtained and retained by certain organisations; to align situations where withholding tax on royalties was due and payable but subsequently becomes irrecoverable with that of withholding tax on interest; to provide that certain entities be excluded from the definition of provisional taxpayer; to align the wording with certain current processes and remove a reference to a deleted provision; to modify the requirement of intent for certain criminal offences; to effect a consequential amendment; and to replace a reverse onus provision with an evidentiary burden;

  • amend the Customs and Excise Act, 1964, so as to make technical corrections; to extend a provision concerning information sharing and to exclude certain information from the application of the prohibition on disclosure of information; to clarify the movement in bond of containerized goods on the strength of a manifest and without furnishing security to licensed container depots or container terminals appointed or prescribed; to clarify how bills of entry may be adjusted; to broaden provisions relating to the disposal of goods on failure to make due entry on importation to also include failure to make due entry on exportation of goods on which export duty is payable; to provide for the commencement of liability for export duty; to provide for the liability of the master of a ship or pilot of an aircraft or other carrier for duty on goods deemed imported to cease upon delivery of the goods to a licensed remover in bond, for the assumption of such liability by a licensed remover in bond, as well as for the circumstances in which liability of the licensed remover in bond will cease; to clarify the meaning of ‘‘free on board‘‘ in relation to goods exported; to provide for the limitation of the period for applications for refunds of export duty; and to broaden a provision relating to the production of permits or certificates required in respect of imported goods to apply to exported goods as well;

  • amend the Value-Added Tax Act, 1991, so as to substitute the requirement to submit a return with the obligation to obtain, complete and retain the form prescribed by the Commissioner; to substitute obsolete wording; and to modify the requirement of intent for certain criminal offences;

  • amend the Skills Development Levies Act, 1999, so as to provide that the Commissioner may refuse to authorise a refund if a return is outstanding;

  • amend the Unemployment Insurance Contributions Act, 2002, so as to provide that the Commissioner may refuse to authorise a refund if a return is outstanding;

  • amend the Tax Administration Act, 2011, so as to provide for a textual correction in order to clarify certain terminology; to provide for consequential and technical amendments; to provide for the issue of assessments based on an estimate where a taxpayer provides relevant information that is incomplete or inadequate or does not respond to a request for relevant material; to amend the period within which a reduced assessment can be requested; to align the period within which an extension may be granted with the period for prescription; to provide for a specific effective date with regard to interest calculated on an erroneous overpayment of tax; to provide for interest on royalties payable in terms of the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, and to provide for the interest rate with regard to refunds due under that Act; to provide that a refund does not need to be authorised where a matter is under criminal investigation and to modify the requirement of intent for certain criminal offences, and to provide for matters connected therewith.”

Commencement: Save in so far as is otherwise provided for in this Act, or the context otherwise indicates, the amendments effected by this Act come into operation on the date of promulgation of this Act.

GN22 GG 44080 p1 20Jan2021

http://www.gpwonline.co.za/Gazettes/Gazettes/44080_20-1_TaxAdministrationLawsAmendAct24of2020.pdf


Taxation Laws Amendment Act 23 of 2020

“To amend the Estate Duty Act, 1955, so as to amend certain provisions; to amend the Income Tax Act, 1962, so as to amend certain provisions; to make new provisions; to repeal certain provisions; to amend the Customs and Excise Act, 1964, so as to make provision for continuations; so as to amend certain provisions; to make new provision so as to provide for an export tax on scrap metal; to amend the Value-Added Tax Act, 1991, so as to amend certain provisions; to make new provision; to amend the Securities Transfer Tax Act, 2007, so as to amend certain provisions; to amend the Employment Tax Incentive Act, 2013, so as to amend certain provisions to amend the Taxation Laws Amendment Act, 2015, so as to amend certain provisions; to amend the Revenue Laws Amendment Act, 2016, so as to amend certain provisions; to amend the Taxation Laws Amendment Act, 2017, so as to amend certain provisions; to amend the Taxation Laws Amendment Act, 2018, so as to amend certain provisions; to amend the Carbon Tax Act, 2019, so as to amend certain provisions; to amend the Taxation Laws Amendment Act, 2019, so as to amend certain provisions; and to provide for matters connected therewith.”

Commencement on date of publication.

GN25 GG 44083 p1 20Jan2021

https://www.gov.za/sites/default/files/gcis_document/202101/4408320-1taxationlawsamendmentact23of2020.pdf


Rates and Monetary Amounts and Amendment of Revenue Laws Act 22 of 2020

“To fix the rates of normal tax; to amend the Transfer Duty Act, 1949, so as to amend transfer duty monetary thresholds; to amend the Income Tax Act, 1962, so as to amend rates of tax and monetary amounts; to amend the Customs and Excise Act, 1964, so as to amend rates of duty in Schedule 1 to that Act; to insert new tariff items; to delete tariff items; to delete rebate items; to insert rebate items; to amend the Carbon Tax Act, 2019, so as to amend the rate of tax; and to provide for matters connected therewith.”

Commencement on date of publication.

GN24 GG 44082 p1 20Jan2021

https://www.gov.za/sites/default/files/gcis_document/202101/4408220-1ratesmonetaryamountsamendmentrevenuelawsact22of2020.pdf


Second Adjustments Appropriation Act 21of 2020

“To effect adjustments to the appropriation of money from the National Revenue Fund for the requirements of the State in respect of the 2020/21 financial year; and to provide for matters incidental thereto.”

Commencement on date of publication.

GN21 GG 44079 p1 20Jan2021

https://www.gov.za/sites/default/files/gcis_document/202101/4407920-1secondadjustapproact21of2020.pdf

Division of Revenue Second Amendment Act 20 of 2020

“To amend the Division of Revenue Act, 2020, as amended by the Division of Revenue Amendment Act, 2020, in accordance with the Money Bills and Related Matters Act, 2009; and to provide for matters connected therewith.”

Commencement on date of publication.

GN23 GG 44081 p1 20Jan2021

http://www.gpwonline.co.za/Gazettes/Gazettes/44081_20-1_DivisionRevenueSecondAmendmentAct20of2020.pdf


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