Contingency Fees Act, 1997
R 385.00
Customs and Excise Act, 1964 (Act No. 91 of 1964)Chapter IX : Value67. Adjustments to price actually paid or payable |
| (1) | In ascertaining the transaction value of any imported goods in terms of section 66(1), there shall be added to the price actually paid or payable for the goods— |
| (a) | to the extent that they are incurred by the buyer but are not included in the price actually paid or payable— |
| (i) | any commission other than a buying commission; |
| (ii) | brokerage; |
| (iii) | the cost of packing, including that of the labour and materials concerned; |
| (iv) | the cost of containers which are dealt with as being for customs purposes one with the goods; |
| (b) | the value, apportioned to the imported goods as deemed appropriate by the Commissioner, of any of the following goods and services if supplied directly or indirectly by the importer free of charge or at reduced cost, for use in connection with the production and sale for export of the imported goods, to the extent that such value has not been included in the price actually paid or payable, namely— |
| (i) | materials, components, parts and similar articles forming part of the goods; |
| (ii) | tools, dies, moulds and similar articles used in the production of the goods; |
| (iii) | materials consumed in the production of the goods; |
| (iv) | engineering, development work, art work, design work, plans and sketches undertaken elsewhere than in the Republic and necessary for the production of the goods; |
| (c) | royalties and licence fees in respect of the imported goods, including payments for patents, trade marks and copyright and for the right to distribute or resell the goods, due by the buyer, directly or indirectly, as a condition of sale of the goods for export to the Republic, to the extent that such royalties and fees are not included in the price actually paid or payable, but excluding charges for the right to reproduce the imported goods in the Republic; |
| (d) | the value of any part of the proceeds of any subsequent resale, disposal or use of the imported goods that accrues directly or indirectly to the seller; and |
| (e) | to the extent that they are not included in the price actually paid or payable for the goods, the cost of transportation, loading, unloading, handling and insurance and associated costs incidental to delivery of the goods at the port or place of export in the country of exportation and placing those goods on board ship or on any vehicle at that port or place. |
| (2) | In ascertaining the transaction value of any imported goods in terms of section 66(1), there shall be deducted from the price actually paid or payable for the goods, to the extent that they are included therein, amounts equal to— |
| (a) | the cost of transportation and the cost of loading, unloading, handling, insurance and associated costs incidental to the transportation of the goods from the port or place of export in the country of exportation to the port or place of importation in the Republic; |
| (b) | any of the following costs, charges or expenses if identified separately from the balance of the price actually paid or payable for the goods, namely— |
| (i) | any expenditure incurred for the construction, erection, assembly or maintenance of, or technical assistance provided in respect of, the goods after they are imported; |
| (ii) | the cost of transport and insurance of the goods within the Republic; |
| (iii) | any duties or taxes paid or payable by reason of the importation of the goods or sale of the goods in the Republic; |
| (iv) | any duty or tax applicable in the country of exportation from which the goods have been or will be relieved by way of refund, drawback, rebate or remission; |
| (v) | [Section 67(2)(b)(v) deleted]; |
| (vi) | interest charged in respect of the price payable for the goods; |
| (vii) | any charge for the right to reproduce the imported goods in the Republic. |
| (3) | For the purposes of subsection (1)(e) or (2)(a), goods which are exported to the Republic from any country but pass in transit through another country shall, subject to such conditions as may be prescribed by rule, be deemed to have been exported direct from the first-mentioned country. |
| (4) | For the purposes of subsection (1)(e) or (2)(a), the port or place of export referred to therein shall be the place in the country of exportation where the goods in question— |
| (a) | are placed on board ship or on any vehicle which conveys them from or across the border of that country; or |
| (b) | if they are ships or vehicles moving under their own power, finally leave that country for the Republic. |
