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Tax on Retirement Funds Act, 1996 (Act No. 38 of 1996)

8. Person liable for tax

 

(1) The person liable for the tax shall be—
(a) the insurer, in respect of the taxable amount of the relevant untaxed policyholder fund determined in terms of section 4; or
(b) the retirement fund, in respect of the taxable amount of such retirement fund determined in terms of section 5.

 

(2) The person responsible for performing the duties prescribed in terms of this Act in respect of any retirement fund or any untaxed policyholder fund of an insurer—
(a) to which the provisions of the Pension Funds Act, 1956 (Act No. 24 of 1956), apply, shall be the principal officer or, if the retirement fund is in liquidation, the liquidator, as contemplated in the last-mentioned Act;
(b) which constitutes a company, shall be the public officer contemplated in section 101 of the Income Tax Act, or in the case of a company in liquidation, the liquidator; or
(c) not falling within the provisions of paragraph (a) or (b), shall be a person appointed by the retirement fund or insurer within 30 days after the promulgation of this Act, which person performs functions similar to that of a principal officer, public officer, liquidator or person acting in a representative capacity, as the case may be.