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Revenue Laws Amendment Bill (B 40-2005)

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To amend the Transfer Duty Act, 1949, so as to provide that the Minister of Finance may reduce the rates of duty; to allow for an exemption from duty in company formation transactions and where property was owned by certain superannuation funds in former TBVC territories; to limit the recovery period of unpaid duty to five years; and to regulate the refunds of duty, additional duty and interest; to amend the Estate Duty Act, 1955, to further regulate the property to be included in the estate of a deceased for purposes of determining the duty payable; to further regulate the deductions from the property for purposes of determining the duty payable; to amend the Income Tax Act, 1962; to further regulate the provisions relating to rebates and foreign tax credits; to provide for deduction of amounts incurred in respect of income of a non-resident which is attributed to a resident; to further regulate the gains made by directors of companies or employees in respect of rights to acquire marketable securities; to further regulate the taxation of amounts derived from broad-based employee share plans; to further regulate the taxation of directors and employees on vesting of equity instruments; to further regulate the circumstances in which amounts are deemed to have been accrued from a source in the Republic; to further regulate the provisions relating to controlled foreign companies; to provide for a cut off date in respect of the specific provisions regulating the taxation of foreign equity instruments; to further regulate the exemptions from normal tax; to further regulate the provisions relating to exemption of the capital element of purchased annuities where the cash consideration and annuity amount are denominated in a foreign currency; to further regulate the deductions from income for purposes of determining taxable income; to amend the provisions relating to the deduction in respect of machinery, plant, implements, utensils and articles used in farming or production of renewable energy; to amend the provisions relating to the deduction in respect of assets used by manufacturers or hotelkeepers, aircraft and ships or assets used for storage and packing of agricultural products; to further regulate the provisions relating to small business corporations; to amend the deduction in respect of learnership agreements; to further regulate the deduction in respect of the erection or improvement of buildings in urban development zones; to effect certain consequential amendments to the deductions from income derived from mining operations; to further regulate the deduction of medical and dental expenses; to amend the provisions relating to deductible donations made to public benefit organisations; to clarify the provisions relating to the ring-fencing of assessed losses of certain trades; to further regulate the non-deductibility of certain amounts in the determination of taxable income; to effect certain consequential amendments to the limitation of allowances granted in respect of certain assets and to the provisions relating to sale and leaseback arrangements; to amend the credit agreements and debtors allowance by deleting certain provisions which have become obsolete; to amend the provisions relating to the allowance in respect of films; to further regulate the gains or losses on foreign exchange transactions; to
substitute the provisions relating to the determination of taxable income from foreign currency; to further regulate the provisions relating to public benefit organisations; to further regulate the rules relating to corporate restructuring; to make provision for a withholding tax on foreign entertainers and sportspersons who perform in the Republic; to further regulate the provisions relating to donations tax; to further regulate the provisions relating to the imposition of secondary tax on companies; to further regulate the amounts to be deducted or withheld by employers and provisional payments in respect of normal tax; to amend the provisions relating to benefits or advantages derived by reason of employment or the holding of any office; to further regulate the provisions relating to capital gains tax; to amend the list of public benefit activities; and to effect certain textual and consequential amendments; to amend the Customs and Excise Act, 1964, so as to amend and insert certain definitions; to further provide for the rate of rent in respect of goods in the State warehouse; to further regulate provisions relating to goods removed in bond; to amend provisions regulating deficiencies in a customs and excise warehouse; to provide for a tolerance when calculating the quantity of spirits in a container; to provide for the levying of Road Accident Fund levy; to amend certain rebate and refund provisions; to amend the order in which instalments paid to the Commissioner are utilized; to amend provisions relating to goods subject to a lien and to effect certain consequential amendments; to amend the Stamp Duties Act, 1968, so as to provide that the Minister of Finance may reduce the rates of duty; to further delete certain provisions dealing with the issue of marketable securities; to provide for the relief of the administrative burden on the transfer of marketable securities; to clarify the
position on the taxation of company share buy-backs and to provide anti-avoidance legislation; to simplify legislation regarding the cancellation and redemption of marketable securities; to regulate the rate and exemption of duty; to amend the Value-Added Tax Act, 1991, so as to amend and insert certain definitions; to insert certain deeming provisions; to provide for certain zero-rating and exemptions; to further provide for the time and value on certain supplies; to align certain provisions with the Customs and Excise Act, 1964; to allow for input tax deduction on motor cars acquired to be awarded as prizes and in certain instances on entertainment; to limit the period to claim input tax to five years from issue of a tax
invoice; to further regulate adjustments for public authorities and customs controlled area enterprises; to provide for issues relating to foreign donor funding; to regulate the provisions of bad debts; to amend the Tax on Retirement Funds Act, 1996, so as to amend a definition; to amend the Road Accident Fund Act, 1996, so as to effect consequential amendments resulting from the introduction of a Road Accident Fund levy in the Customs and Excise Act, 1964; to amend the Uncertificated Securities Tax Act, 1998, so as to amend and insert certain definitions; to provide that the Minister of Finance may reduce the rates of duty; to further delete certain provisions dealing with the issue of securities; to provide for the protection of uncertificated securities tax base against changes in beneficial ownership; to amend the Revenue Laws Amendment Act, 2003, so as to substitute a commencement date; and to amend the Second Revenue Laws Amendment Act, 2004, so as to substitute a commencement date; and to provide for matters in connection therewith.

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