Tax Refunds and Registration Procedure Rules, 2008

L.N. 80 of 2008

INCOME TAX MANAGEMENT ACT

(CAP. 372)

Tax Refunds and Registration Procedure Rules, 2008

IN exercise of the powers conferred by articles 48 and 58 of the

Income Tax Management Act, the Prime Minister and Minister of

Finance has made the following rules>–

(1) The title of these rules is the Tax Refunds and Registration Title.

Procedure Rules, 2008.

(2) These rules shall be deemed to have come into force on

1st January, 2007.

Any person making a claim pursuant to paragraph (ii) of the Claim for refund.

proviso to article 48(4) or pursuant to article 48(4A) shall, in order to

be entitled to make such a claim, be registered with the Commissioner

in accordance with these rules.

A person who wishes to be registered with the Commissioner Registration by

Company.

in terms of these rules shall advise, in writing, the company from which

he expects to receive a dividend in relation to which he wishes to make

a claim to be registered specifying the year of assessment in which the

tax in relation to which he wishes to make a claim is assessable and the

company shall forthwith effect the registration in the manner set out in

rule 4>

Provided that where the company as a result of such

registration may be deemed to be a payor in terms of article 41(b) of the

Income Tax Act the said company shall not be obliged to register the

said person who, after having been requested by the said company, has

not provided the company with security, including a bank guarantee,

for the tax that may be payable by it in terms of article 33 of the Income

Tax Act.

The company shall effect the said registration in such manner Method of

registration.

as shall be determined by the Commissioner.

(1) A person shall only be entitled to make a claim pursuant Time limits for

to the subarticles mentioned in rule 2 hereof if, at the time of making registration.

the claim, he is registered in terms of these rules and that registration

was made not later than the date on which the company’s first provisional

tax payment instalment for the relevant year of assessment falls due or

the date on which the company makes a payment of tax in respect of

that year of assessment whichever is the earlier>

Provided that where the period commencing from the first

day of the accounting period ending in the year preceding the relevant

year of assessment and the date on which the first provisional tax payment

instalment falls due is less than one hundred and twenty days, the said

registration must have been made not later than the date on which the

company’s second provisional tax payment instalment for the relevant

year of assessment falls due or the date on which the company makes a

payment of tax in respect of that year of assessment (other than the

payment in respect of the first provisional tax payment for that same

year of assessment) whichever is the earlier>

Provided further that where the relevant year of assessment is

the company’s first year of assessment the said registration must have

been made not later than the date on which the company’s second

provisional tax payment instalment for the relevant year of assessment

would have fallen due had that year of assessment been the company’s

second year of assessment and not the company’s first year of assessment

or the date on which the company makes a payment of tax in respect of

that accounting period whichever is the earlier.

(2) Notwithstanding the provisions of sub-rule (1) of this

rule but subject to the provisions of sub-rule (3) below the registration

referred to in sub-rule (1) shall be made not later than the company’s

tax settlement date for that year of assessment.

(3) Where on the date of publication of these rules the time

period within which a registration is to be made in accordance with the

preceding provisions of this rule has already elapsed or is a date falling

within one hundred and twenty days from such date the registration

referred to in sub-rules (1) and (2) shall be made not later than one

hundred and twenty days from the date of publication of these rules.

(4) In this rule>

(a) the “relevant year of assessment” is the year of

assessment in which the tax in respect of which a claim and

registration is made or is to be made in terms of these rules is

assessable<

(b) the “company” is the company which makes a payment

of a dividend as a result of which the said person is entitled to

make a claim pursuant to the subarticles mentioned in rule 2 hereof.

Registration details

(1) The registration of a person under these rules shall and changes thereto.

indicate that person’s entitlement to receive by way of dividend the

whole or part of the distributable profits of the company and such

entitlement is hereinafter referred to as the’“profit entitlement”.

(2) Where a company registers a person in terms of these

rules, the company shall also provide the following information >

(a) details of the profit entitlement of all other shareholders

of the company irrespective of whether such shareholders have

required registration in terms of these rules indicating separately

any entitlement to any profit entitlement of a fixed amount<

(b) such details on the ultimate beneficial owners of the

company as shall be determined by the Commissioner<

(c) such other information as the Commissioner may require.

(3) Any change to the details of a registration made in terms

of these rules shall be notified to the Commissioner in such manner as

the Commissioner may determine.

(4) Where the change relates to a change in a person’s profit

entitlement relative to a company and as a result of such change the

profit entitlement of a person who is registered in terms of these rules is

reduced and the profit entitlement of another person who may or may

not be registered in terms of these rules is increased by a corresponding

amount or percentage, the registration of the latter person in terms of

these rules in respect of such increase in profit entitlement shall, provided

that the said registration is notified to the Commissioner

contemporaneously with the notification to the Commissioner of the

corresponding cancellation or reduction in the profit entitlement

registered in the name of the former person as a result of the said change,

take effect from the date of the change and the provisions of rules 5 and

7 of these rules shall not apply to such change.

(5) Where in relation to a change in the profit entitlement

relative to a company>

(a) the conditions of sub-rule (4) are not satisfied, the

provisions of rule 5 shall apply to any registration of the additional

profit entitlement of a person resulting from that change<

(b) any person registered in terms of these rules is no longer

entitled to any profit entitlement in the company, his registration

shall be cancelled by means of the said notification which

cancellation shall be effective as from the date of the change<

(c) any person registered in terms of these rules has had his

profit entitlement reduced, his registration shall be amended to

reflect the new profit entitlement and such change shall be effective

as from the date of the change.

A person who wishes to cancel his registration in terms of

these rules relative to a company shall inform such company in writing

and the company shall de-register him by completing such form as the

Commissioner may determine and delivering the said form to the

Commissioner in such manner as the Commissioner may determine.

Such deregistration shall have effect upon its notification to the

Commissioner.

A claim for refund shall be made on such form as the

Commissioner may determine and shall be delivered to the

Commissioner in such manner as the Commissioner may determine.

The Commissioner may require that any registration and any

cancellation or any change to such registration may be made by

electronic means and all such registrations, cancellations or changes

and any forms which the Commissioner may require to be made in

terms of these rules shall be considered to be acts which can be made

by electronic means in terms, and under the provisions of, the Electronic

Communications (Income Tax) Regulations.

All registrations, changes and cancellations of registrations

shall be made by the relevant company upon a written request by the

relevant shareholder.

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