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Paying SARS

26 August 2011   (0 Comments)
Posted by: SAIT Technical
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Paying SARS
by Michael Stein

Section 89sex(2) of the Income Tax Act provides that the Commissioner may prescribe the time by which any payment made on any business day must be received by the Commissioner. Any payment received after that time is then deemed to have been made on the first business day following that day.

There is a similar provision in proviso (iv) to s 28(1) of the Vat Act. These provisions are relevant to the issue whether a payment is made within the time limits prescribed by the relevant act. This fact is, in turn, relevant to the charging of interest on a late payment. This power—to fix a time of day for a payment under the relevant acts to be made, was given to the Commissioner by Act 45 of 2003, but was never exercised—until recently. The Commissioner has acted under s 89sex(2) of the Income Tax Act and under proviso (iv) to s 28(1) of the Vat Act. He has, in GN 291 Government Gazette 34177 of 1 April 2011, prescribed that, as from 1 May 2011, payments made under these acts by a person using a sars drop box on a business day must be received by no later than 15h00. If the payment is made later, it will be deemed to have been received on the first following business day, unless the Commissioner, having regard to the circumstances, directs otherwise.


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