National Health Act, 2003
R 385
Carbon Tax Act, 2019 (Act No. 15 of 2019)Part IV : Administration, tax period and payment of tax17A. Refund in respect of carbon budget compliance |
| (1) | Subject to subsections (2) and (3), a taxpayer will be allowed a refund of carbon tax paid under section 6(6) in respect of the quantity of the carbon dioxide equivalent of greenhouse gas emissions that exceeds the allocated carbon budget for a tax period: Provided that the conditions set out in this section are met. |
| (2) | A refund of tax paid as contemplated in subsection (1) will be allowed in respect of the first two tax periods of a carbon-budgeting period, as determined by the Department of Forestry, Fisheries and the Environment, if the cumulative actual emissions of that taxpayer for the first two tax periods and the immediately preceding tax period, as verified by the Department of Forestry, Fisheries and the Environment, are less than or equal to the cumulative carbon budget allocated to that taxpayer by the Department of Forestry, Fisheries and the Environment for the corresponding three tax periods. |
| (3) | A refund of tax paid, as contemplated in subsection (1), will be allowed in respect of the remainder of the carbon budgeting period, commencing from the third tax period, if the cumulative actual emissions of that taxpayer for the tax period in question and all subsequent tax periods within the carbon budgeting period are less than or equal to the cumulative carbon budget allocated to that taxpayer by the Department of Forestry, Fisheries and the Environment for those respective tax periods. |
| (4) | The claim for a refund in terms of this section must be— |
| (a) | supported by written confirmation from the Department of Forestry, Fisheries and the Environment certifying the cumulative actual emissions and the allocated carbon budget for the relevant periods; and |
| (b) | made within the year following the end of the carbon budget period, in such form and manner as the Commissioner may prescribe. |
[Section 17A inserted by section 59(1) of the Taxation Laws Amendment Act, 2026, Notice No. 7344, GG54448, dated 1 April 2026 - comes into operation with effect from a date determined by the Minister of Finance by notice in the Gazette (section 59(2))]
