INCOME TAX (STATUTORY DATES) RULES (statutorydates)

INCOME TAX (STATUTORY DATES)

SUBSIDIARY LEGISLATION 372.16

INCOME TAX (STATUTORY DATES) RULES

27th July, 1999

LEGAL NOTICE 127 of 1999, as amended by Legal Notice 78 of 2008.

The title of these rules is the Income Tax (Statutory Dates)

Rules.

The date by which a return of income is required to be

submitted in terms of article 10 of the Income Tax Management

Act, hereinafter referred to as "the Act", ("tax return date") shall be

determined as follows

(a) with respect to a return of income relating to any year

of assessment preceding the year of assessment 1999,

the tax return date is the thirtieth of June of the relative

year of assessment;

(b) with respect to a return of income relating to the year

of assessment 1999 -

(i)

in the case of a person to whom article 11(2) of

the Income Tax Act applies the tax return date is

the thirtieth of September 1999;

(ii) in any other case the tax return date is the

thirty-first of August 1999; and

(c) with respect to a return of income relating to the year

of assessment 2000 or any subsequent year of

assessment -

(i)

in the case of a person to whom article 11(2) of

the Income Tax Act applies the tax return date is

the last day of the ninth month following that to

which the accounts for the relative financial

period are made or the thirty-first of March of

the relative year of assessment, whichever is the

later;

(ii) in any other case the tax return date is the

thirtieth of June of the relative year of

assessment.

When a person chargeable with tax has not received the

notice mentioned in article 10(1) of the Act in respect of any year

of assessment for which he is so chargeable by the first day of the

month preceding that during which the relative tax return date falls

in accordance with the other provisions of these regulations, the

provisions of the said article 10 of the Act shall thereupon apply to

that person as if he has been duly served with a notice to furnish a

return and a self-assessment under subarticles (1) and (2) of the

said article.

INCOME TAX (STATUTORY DATES)

The date by which an election may be made under article

12 of the Act is

(a) with respect to the year of assessment 1999, the

fifteenth of June 1999; and

(b) with respect to the year of assessment 2000 or any

subsequent year of assessment, the thirtieth April of

the relative year.

The date on which the tax for the year of assessment 1999

and any subsequent year becomes due and payable by any person

(the "tax settlement date") shall be determined as follows

(a) in the case of a person to whom article 12 of the Act

applies and who makes an election for the relative year

of assessment under and in accordance with that

section, and subject to the provisions of article

44(2B)(a) of the Act, the tax settlement date shall be

the last day of the month following that during which a

notice in writing by the Commissioner requesting the

payment of the relative tax is served on that person or

such later date as may be specified in that notice

Provided that the tax settlement date in the case

of any such person shall in no case be earlier than the

tax return date for the relative year as determined

under paragraph (b)(ii) or paragraph (c)(ii) of

regulation 2; and

(b) in any other case, the tax settlement date shall be the

date falling on the tax return date applicable to that

person for the relative year as determined under

regulation 2

Provided that, with respect to the tax for year of

assessment 2008 and subsequent years of assessment,

where a determination in terms of article 47 of the

Duty on Documents and Transfers Act has been made

as a consequence of the company satisfying subarticle

(3)(e) of the said article, and until such time that the

said determination remains valid, the tax payable by

such a company on its chargeable income shall become

due and payable as follows

(i)

where such income is distributed by the

company on or before the tax return date of the

said company, on the tax return date;

(ii) where such income is distributed by the

company after the tax return date but before the

date referred to in sub-paragraph (iii), the earlier

of the fourteenth day following the end of the

month in which such a distribution was made

and the date referred to in sub-paragraph (iii);

INCOME TAX (STATUTORY DATES)

(iii) in other cases, the last date of the period referred

to in article 182(3) of the Companies Act which

period shall for the purposes of these rules be

deemed to commence from the end of the

accounting period as determined in accordance

with article 11 of the Income Tax Act as is

applicable to the said company.

For the purpose of article 48(2A) of the Act, and subject to

the provisions of subarticle (2B) of that article, any tax determined

as repayable to a person under subarticle (1) or (2) of that article

shall become due, as the case may be, on a date (hereinafter in this

regulation referred to as "the refund date") determined as follows

(a) in the case of a person to whom article 11(2) of the

Income Tax Act applies

(i)

with respect to tax repayable for the year of

assessment 1999 the refund date shall be the

first of April 2000;

(ii) with respect to the tax repayable for the year of

assessment 2000 or any subsequent year of

assessment the refund date shall be the last day

of the sixth month following the tax return date

applicable to that person for the relative year as

determined under regulation 2; and

(b) in the case of any other person

(i)

with respect to tax repayable for the year of

assessment 1999 the refund date shall be the

first of March 2000;

(ii) with respect to tax repayable for the year of

assessment 2000 or any subsequent year of

assessment the refund date shall be the first of

January of the year immediately following the

respective year of assessment.