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Taxation Laws Amendment Act, No. 30 of 2000

Long title


To amend the Marketable Securities Tax Act, 1948, so as to withdraw an exemption; and to further regulate the procedures relating to inquiries; to amend the Transfer Duty Act, 1949, so as to withdraw certain exemptions; to further regulate an exemption; to provide for a further exemption; to further regulate the procedures relating to inquiries; and to effect certain textual amendments; to amend the Estate Duty Act, 1955, so as to insert a definition; to effect certain textual amendments; to further regulate a deduction; to withdraw certain deductions; to further regulate the procedures relating to inquiries; and to further regulate penalties which may be imposed in respect of offences; to amend the Income Tax Act, 1962, so as to fix the rates of normal tax payable by persons other than companies in respect of taxable incomes for the years of assessment ending on 28 February 2001 and 30 June 2001, and by companies in respect of taxable incomes for the years of assessment ending during the period of 12 months ending on 31 arch 2001; to delete certain obsolete provisions; to further define certain expressions; to further regulate the secrecy provisions; to increase certain tax rebates; to further regulate the rebate in respect of foreign taxes on income; to effect certain consequential amendments; to further regulate the provisions in respect of the recoupment of deductions and allowances; to further regulate the taxation of investment income from foreign sources; to further regulate the taxation of investment income of controlled foreign entities; to provide for the taxation of foreign dividends; to further regulate the tax exemption of public benefit organisations; to withdraw certain exemptions; to further regulate the exemption in respect of dividend income: to provide for a deduction in respect of restraint of trade payments; to further regulate the deductions in respect of assets which have been scrapped; to provide for a deduction in respect of the depreciation of certain pipelines, transmission lines and railway lines; to further regulate the deduction of donations to certain public benefit organisations; to repeal obsolete sections; to further regulate the provisions relating to the set-off of assessed losses; to withdraw the basis of valuation of trading stock consisting of marketable securities whereunder the last item of trading stock acquired is deemed to be the first item disposed of to further regulate the provisions in respect of deductions not allowed in the determination of taxable income; to  further regulate the provisions prohibiting double deductions; to further regulate the deduction relating to the acquisition and disposal of trading stock; to provide for a limitation of certain deductions so as to match expenditure to the income, goods or benefit received relating to such expenditure; to provide for the manner of taxation of public benefit organisations; to further regulate certain exemptions relating to donations tax; to further regulate the levy of Secondary Tax on Companies in consequence of the taxation of foreign dividends; to further define a definition relating to amounts distributed that are deemed to be dividends for the purposes of Secondary Tax on Companies; to further regulate the provisions relating to the furnishing of returns; to further regulate the duty of companies to furnish returns in consequence of the taxation of foreign dividends: to further regulate the procedures relating to inquiries; to further regulate the publication of judgments or decisions of the Special Court for hearing of income tax appeals; to further regulate the power to appoint agents so as to also require the payment of interest and penalties from moneys held by such agents; to provide that employees’ tax be deducted from  remuneration paid to personal service companies and personal service trusts; to further define expressions for the purposes of the Fourth Schedule; to further regulate the issuing of certificates of exemption for employees’ tax purposes; to further define an expression for the purposes of the Seventh Schedule; and to further regulate the determination of the value of any fringe benefit relating to holiday accommodation; to amend the Customs and Excise Act, 1964, so as to further define an expression in consequence of the introduction of an air passenger tax; to provide for the introduction of an air passenger tax; to provide that the Minister of Finance may publish in a notice certain agreements or protocols which shall be enacted into law; to make provision for a rebate of fuel levy on imported goods; to make provision for a refund of duty in respect of imported goods entitled to a preferential rate of duty; to further regulate the payment of interest; to amend Schedule No. 1 to the said Act and the effective date thereof; to provide for the continuation of amendments to the Schedules; and to amend the long title of the said Act; to amend the Stamp Duties Act, 1968, so as to withdraw certain exemptions; to further regulate certain exemptions relating to public benefit organisations; to provide for an exemption; to provide that any amount of stamp duty or penalty which does not exceed R400 may be denoted by way of adhesive stamps; to further regulate penalties which may be imposed in respect of offences; to further regulate the procedures relating to inquiries; to amend Schedule 1 to the said Act to withdraw certain exemptions; to delete the reference to obsolete provisions; and to effect certain textual amendments; to amend the Eskom Act, 1987, so as to provide for the taxation of the receipts and accruals of Eskom and its subsidiaries; to amend the Value-Added Tax Act, 1991, so as to further define certain expressions; to include certain services in the zero-rating provisions; to create a new category of vendors for the purposes of accounting for tax; to further regulate the period within which a return has to be submitted; to provide for agreed assessments; to extend the circumstances in which the Commissioner may call for security; and to further regulate the procedures relating to inquiries; to provide for a special exemption from value-added tax; to amend the Income Tax Act, 1993, so as to delete a reference to an obsolete provision; to amend the Tax on Retirement Funds Act, 1996, so as to effect certain consequential amendments; and to amend the formula for determining the income of a fund to make provision for the taxation of foreign dividends; to amend the Uncertificated Securities Tax Act, 1998, so as to withdraw certain exemptions; and to further regulate the procedures relating to inquiries; to amend the Demutualisation Levy Act, 1998, so as to provide for exemption of the Umsobomvu Fund from income tax; to amend the Eskom Amendment Act, 1998, so as to regulate the provisions relating to the income tax exemption of Eskom; to amend the Skills Development Levies Act, 1999, so as to further regulate the exemption of certain public benefit organisations carrying on a public benefit activity of a religious or charitable nature; to effect certain consequential amendments; and to further regulate certain matters relating to representative taxpayers; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
1.  Amendment of section 3 of Act 32 of 1948...
2.  Amendment of section 9C of Act 32 of 1948...
3.  Amendment of section 9 of Act 40 of 1949...
4.  Amendment of section 11D of Act 40 of 1949...
5.  Amendment of section 15 of Act 40 of 1949...
6.  Amendment of section 1 of Act 45 of 1955...
7.  Amendment of section 3 of Act 45 of 1955...
8.  Amendment of section 4 of Act 45 of 1955...
9.  Amendment of section 8D of Act 45 of 1955...
10.  Substitution of section 23 of Act 45 of 1955
11.  Amendment of section 28 of Act 45 of 1955...
12.  Fixing of rates of normal tax in terms of Act 58 of 1962
13.  Amendment of section 1 of Act 58 of 1962...
14.  Amendment of section 4 of Act 58 of 1962...
15.  Amendment of section 6 of Act 58 of 1962...
16.  Amendment of section 6quat of Act 58 of 1962...
17.  Amendment of section 8 of Act 58 of 1962...
18.  Amendment of section 9C of Act 58 of 1962...
19.  Amendment of section 9D of Act 58 of 1962...
20. Insertion of section 9E in Act 58 of 1962
21.  Amendment of section 10 of Act 58 of 1962...
22.  Amendment of section 11 of Act 58 of 1962...
23.  Insertion of section 12D in Act 58 of 1962
24.  Substitution of section 18A of Act 58 of 1962...
25.  Repeal of section 19 of Act 58 of 1962...
26.  Amendment of section 20 of Act 58 of 1962...
27.  Amendment of section 22 of Act 58 of 1962...
28.  Amendment of section 23 of Act 58 of 1962...
29. Amendment of section 23B of Act 58 of 1962...
30. Substitution of section 23F of Act 58 of 1962...
31. Insertion of section 23H in Act 58 of 1962
32. Repeal of section 24B of Act 58 of 1962...
33. Amendment of section 28 of Act 58 of 1962...
34. Amendment of section 28bis of Act 58 of 1962...
35. Insertion of section 30 in Act 58 of 1962
36. Amendment of section 38 of Act 58 of 1962...
37. Amendment of section 55 of Act 58 of 1962...
38. Amendment of section 56 of Act 58 of 1962...
39. Amendment of section 64B of Act 58 of 1962...
40. Amendment of section 64C of Act 58 of 1962...
41. Amendment of section 66 of Act 58 of 1962..
42. Amendment of section 70 of Act 58 of 1962...
43. Amendment of section 74C of Act 58 of 1962...
44. Amendment of section 75 of Act 58 of 1962...
45. Amendment of section 83 of Act 58 of 1962...
46. Amendment of section 84 of Act 58 of 1962
47. Amendment of section 85 of Act 58 of 1962
48. Substitution of section 99 of Act 58 of 1962
49. Amendment of section 101 of Act 58 of 1962...
50. Amendment of section 104 of Act 58 of 1962
51. Amendment of section 106 of Act 58 of 1962...
52. Amendment to paragraph 1 of Fourth Schedule to Act 58 of 1962...
53. Amendment of paragraph 2 of Fourth Schedule to Act 58 of 1962...
54. Amendment of paragraph 1 of Seventh Schedule to Act 58 of 1962...
55. Amendment of paragraph 9 of Seventh Schedule to Act 58 of 1962...
56. Substitution of paragraph 19 of Seventh Schedule to Act 58 of 1962...
57. Amendment of paragraph 20 of Seventh Schedule to Act 58 of 1962...
58. Amendment of section 1 of Act 91 of 1964...
59. Insertion of section 47B in Act 91 of 1964
60. Amendment of section 49 of Act 91 of 1964...
61. Amendment of section 75 of Act 91 of 1964...
62. Amendment of section 76 of Act 91 of 1964...
63. Amendment of section 105 of Act 91 of 1964...
64. Amendment of Schedule No. 1 to Act 91 of 1964
65. Continuation of certain amendments of Schedules Nos. 1 to 6 to Act 91 of 1964
66. Substitution of long title of Act 91 of 1964...
67. Amendment of section 4 of Act 77 of 1968...
68. Amendment of section 5 of Act 77 of 1968...
69. Amendment of section 27 of Act 77 of 1968...
70. Amendment of section 28A of Act 77 of 1968...
71. Amendment of section 31C of Act 77 of 1968...
72. Amendment of Item 15 of Schedule 1 to Act 77 of 1968...
73. Amendment of Item 18 of Schedule 1 to Act 77 of 1968...
74. Amendment of Item 20 of Schedule 1 to Act 77 of 1968...
75. Insertion of section 24 in Act 40 of 1987
76. Amendment of section 1 of the Act 89 of 1991...
77. Amendment of section 11 of Act 89 of 1991...
78. Amendment of section 27 of Act 89 of 1991...
79. Amendment of section 28 of Act 89 of 1991...
80. Amendment of section 31 of Act 89 of 1991
81. Amendment of section 43 of Act 89 of 1991...
82. Amendment of section 57C of Act 89 of 1991...
83. Special exemption in respect of goods or services supplied by the International Telecommunication Union
84. Amendment of section 60 of Act 113 of 1993...
85. Amendment of section 1 of Act 38 of 1996
86. Amendment of section 3 Of Act 38 of 1996
87. Amendment of section 6 of Act 31 of 1998...
88. Amendment of section 16 of Act 31 of 1998
89. Insertion of section 7A in Act 50 of 1998
90. Amendment of section 3 of Act 126 of 1998
91. Amendment of section 4 of Act 9 of 1999...
92. Amendment of section 5 of Act 9 of 1999
93. Amendment of section 13 of Act 9 of 1999
94. Short title and commencement
Sch. 1. SCHEDULE 1. RATES OF NORMAL TAX PAYABLE BY PERSONS (OTHER THAN COMPANIES) IN RESPECT OF THE YEARS OF ASSESSMENT ENDING 28 FEBRUARY 2001 AND 30 JUNE 2001, AND BY COMPANIES IN RESPECT OF YEARS OF ASSESSMENT ENDING DURING THE PERIOD OF 12 MONTHS ENDING 31 MARCH 2001 (SECTION 12)
Sch. 2. SCHEDULE 2. AMENDMENT OF SCHEDULE NO. 1 TO THE CUSTOMS AND EXCISE ACT, 1964 (SECTION 64)

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