Acts Online
GT Shield

Income Tax Act, 1962 (Act 58 of 1962)

Chapter I : Administration

3. Exercise of powers and performance of duties

 

(1) The powers conferred and the duties imposed upon the Commissioner by or under the provisions of this Act may be exercised or performed by the Commissioner or by any officer under the control, direction or supervision of the Commissioner.

 

(2) [Subsection (2) deleted by the Tax Administration Act, 2011 (Act No. 28 of 2011)]

 

(3) [Subsection (3) deleted by the Tax Administration Act, 2011 (Act No. 28 of 2011)]

 

(4) Any decision of the Commissioner under the following provisions of this Act is subject to objection and appeal in accordance with Chapter 9 of the Tax Administration Act, namely—
(a) the definitions of ‘benefit fund ’, ‘pension fund ’, ‘pension preservation fund’ ‘provident fund ’ provident preservation fund, ‘retirement annuity fund ’ and ‘spouse ’ in section 1;

[Paragraph (4)(b) substituted by section 2(a) of the Tax Administration Laws Amendment Act, 2014 (Act No. 44 of 2014)]

(c) paragraphs 6, 7, 9, 13, 13A, 14, 19 and 20 of the First Schedule;
(d) paragraph 4 of the Second Schedule;
(e) paragraphs 5(2), 14(6), 21(2) and 24 of the Fourth Schedule;

[Paragraph (4)(e) substituted by section 2(b) of the Tax Administration Laws Amendment Act, 2014 (Act No. 44 of 2014)]

(f) paragraphs 10(3), 11(2) and 13 of the Sixth Schedule;

[Paragraph (4)(f) substituted by section 2(c) of the Tax Administration Laws Amendment Act, 2014 (Act No. 44 of 2014)]

(g) paragraphs 2(h), 3, 6(4)(b), 7(6), (7) and (8), 11 and 12A(3) of the Seventh Schedule; and
(h) paragraphs (bb)(A) of the proviso to paragraph 12A(6)(e), 29(2A), 29(7), 31(2), 65(1)(d) and 66(1)(e) of the Eighth Schedule.

 

(5) The Commissioner may, in writing, and on such conditions as may be agreed upon between the Commissioner and the executive officer of the Financial Services Board appointed in terms of section 13 of the Financial Services Board Act, delegate to that executive officer his or her power—
(a) to approve a fund contemplated in the definition of a ‘pension fund’, ‘pension preservation fund’, ‘provident fund’, ‘provident preservation fund’ or ‘retirement annuity fund’, subject to—
(i) any limitation or condition as may be determined by the Commissioner in terms of those definitions; and
(ii) the compliance by any such fund with the requirements under those definitions;
(b) to withdraw any such approval if any of the limitations, conditions or requirements listed in paragraph (a) are not met; and
(c) to make a disclosure under section 69(8)(b)(i) of the Tax Administration Act.

[Subsection (5) amended by section 1 of Act No. 16 of 2016]

 

(6) Any person aggrieved by a decision of the executive officer to approve or to withdraw an approval of a fund in terms of subsection (5) must, notwithstanding section 26(2) of the Financial Services Board Act, lodge his or her objection with the Commissioner in accordance with the provisions of Chapter 9 of the Tax Administration Act.

[Subsection (6) amended by section 2(b) of Act No. 43 of 2014]

 

(7) A decision by the executive officer against which an objection has been lodged is, for the purpose of subsection (6), deemed to be a decision of the Commissioner.