25. SARS VAT Vendors Guide.pdf

Non binding private opinion this is a written

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Non-binding private opinion : This is a written statement issued by the Commissioner in response to an enquiry by a person to provide informal guidance on the tax treatment of a particular set of facts and circumstances or transaction, but which does not have any binding effect on the Commissioner. Public Notice 748 dated 24 June 2016 (as per Government Gazette 40088): 171 This is a list of issues under section 80(2) 172 of the TA Act, in terms of which, the Commissioner may reject certain ruling applications. Public Notice 748 is supplementary to the exclusions, refusals and rejections contained in section 80(1) of the TA Act. Proposed transaction : Means a transaction that an applicant proposes to undertake, but has not agreed to undertake, other than by way of an agreement that is subject to a suspensive condition or is otherwise not binding. VAT class ruling : Means a written statement issued by the Commissioner to a class of vendors or persons regarding the interpretation or application of the VAT Act. VAT ruling : Means a written statement issued by the Commissioner to a person regarding the interpretation or application of the VAT Act. An application for a VAT ruling can be made in respect of an ongoing and proposed transaction. 15.3 Who may apply for a VAT Ruling? Any “person” as defined in section 1(1), who is, or intends to be, a party to a proposed , current or a past transaction may apply for a ruling in connection with that transaction. This includes any public authority, local authority, company, body of persons (corporate or 170 These rulings can only be issued by the ATR section of the SARS Legal and Policy Division. 171 This was previously known as the “no-rulings list.” 172 Public Notice 748 sets out the additional considerations under section 80(2) in respect of which an application for a ruling may be rejected. 132
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VAT 404 – Guide for Vendors Chapter 15 unincorporated), trust fund, FDFP and the estate of any deceased or insolvent person. An applicant does not have to be a South African resident. An application for a BPR may be made by one person who is a party to a proposed transaction or by two or more parties to a proposed transaction as co-applicants. In a case where there is more than one applicant, each applicant must designate one of the applicants as the lead applicant to represent the others. A BGR is issued and signed by a senior SARS official and is not based on an application for a ruling by an applicant, but is issued when clarity is required regarding the application of the law on a matter of general public interest or relevant to a particular industry. SARS may reject a ruling application if it concerns an issue contemplated in Public Notice 748, or it may otherwise be excluded as envisaged in section 80(1) of the TA Act.
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