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Income Tax Act, 1962 (Act 58 of 1962)

Chapter II: The Taxes

Part IVA : Withholding tax on royalties

49G. Refund of withholding tax on royalties

 

Notwithstanding Chapter 13 of the Tax Administration Act, if—

(a) an amount is withheld from a payment of a royalty as contemplated in section 49E(1);
(b) a declaration contemplated in section 49E(2) or (3) in respect of that royalty is not submitted to the person paying that royalty by the date of the payment of that royalty; and
(c) a declaration contemplated in section 49E(2) or (3) is submitted to the Commissioner within three years after the payment of the royalty in respect of which the declaration is made,

so much of that amount as would not have been withheld had that declaration been submitted by the date contemplated in the relevant subsection is refundable by the Commissioner to the person to which the royalty was paid.

 

[Section 49G inserted by section 12(1) of Act No. 21 of 2012 - effective 1 July 2013]