South African Council for Educators Act, 2000
R 385
Employment Tax Incentive Act, 2013 (Act No. 26 of 2013)Part III : Determining amount of employment tax incentive10. Reimbursement |
| (1) | At the end of the period for which the employer is required to render a return in terms of paragraph 14(3)(a) of the Fourth Schedule to the Income Tax Act, payment of an amount equal to the excess contemplated in section 9(1) must be claimed from the South African Revenue Service in the form and manner and at the time and place prescribed by the Commissioner for the South African Revenue Service. |
| (2) | An amount equal to the excess contemplated in section 9(1) must be paid to the employer from the National Revenue Fund and be treated as a drawback from revenue charged to the National Revenue Fund. |
| (3) | Where an employer has claimed payment in terms of subsection (1), the amount of the excess in respect of the period to which the claim relates must be deemed to be nil in the month immediately following that period. |
| (4) | The amount of the excess contemplated in subsection (1) payable to an employer may not be paid to that employer if the employer— |
| (a) | has failed to submit any return contemplated in section 8(a); or |
| (b) | has any tax debt contemplated in section 8(b). |
[Subsection (4) amended by section 142(1) of the Taxation Laws Amendment Act, 2015 (Act No. 25 of 2015)]
(5) Where—
| (a) | an employer has claimed payment in terms of subsection (1); and |
| (b) | the amount contemplated in subsection (2) was not paid in terms of subsection (4), |
that amount must be paid to an employer during any month in the period for which the employer is required to render a return in terms of paragraph 14(3)(a) of the Fourth Schedule to the Income Tax Act subsequent to the period contemplated in subsection (1) in the first month during that period in which the employer is not subject to subsection (4).
[Subsection (5) inserted by section 118(1) of Act No. 43 of 2014]
| (6) | Where an amount contemplated in subsection (2) is not paid by virtue of subsection (4) and (5) that amount must be deemed to be nil at the end of the period contemplated in subsection (5). |
[Subsection (6) inserted by section 118(1) of Act No. 43 of 2014]
