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Income Tax Act, 1962 (Act No. 58 of 1962)

Schedules

Fourth Schedule : Amounts to be Deducted or Withheld by Employers and Provisional Payments in respect of Normal Tax

Part III : Provisional Tax

21. Payment of provisional tax by provisional taxpayers (other than companies)

[Paragraph 21 heading of the Fourth Schedule substituted by section 59(a) of the Revenue Laws Amendment Act, 2002 (Act No. 74 of 2002]

 

(1) Subject to the provisions of subparagraph (2), provisional tax shall be paid by every provisional taxpayer (other than a company) in the following manner, namely—
(a) within the period of six months reckoned from the commencement of the year of assessment in question, one half of an amount equal to the total estimated liability of such taxpayer (as determined in accordance with paragraph (17) for normal tax in respect of that year, less the total amount of—
(i) any employees' tax deducted by the taxpayer's employer from the taxpayer's remuneration during such period; and
(ii) any tax proved to be payable to the government of any other country which will qualify as a rebate under section 6quat; and

[Paragraph 21(1)(a) of the Fourth Schedule substituted by section 89 of  the Revenue Laws Amendment Act, 2003 (Act No. 45 of 2003)]

(b) not later than the last day of the year of assessment in question, an amount equal to the total estimated liability of such taxpayer (as finally determined in accordance with paragraph 17) for normal tax in respect of that year, less the total amount of—
(i) any employee's tax deducted by the taxpayer's employer from the taxpayer's remuneration during such year and the amount paid in terms of item (a); and
(ii) any tax proved to be payable to the government of any other country which will qualify as a rebate under section 6quat.

[Paragraph 21(1)(b) of the Fourth Schedule substituted by section 89 of  the Revenue Laws Amendment Act, 2003 (Act No. 45 of 2003)]

 

(1A) Subparagraph (1)(a) does not apply where the duration of the year of assessment in question does not exceed a period of six months.

[Paragraph 21(1A) of the Fourth Schedule inserted by section 8 of the Tax Administration Laws Amendment Act, 2021 (Act No. 21 of 2021), Notice No. 771, GG45788, dated 19 January 2022]

 

(2) If the Commissioner has in terms of section 66(13A) of this Act agreed to accept accounts from any provisional taxpayer in respect of any year of assessment drawn to a date falling after the end of such year, the period referred to in item (a) of subparagraph (1) shall, notwithstanding the provisions of that subparagraph, be reckoned from such date as the Commissioner upon application of the taxpayer and having regard to the circumstances of the case may approve, and in such case the last day of such year of assessment shall for the purposes of item (b) of that subparagraph be deemed to be the day preceding the first anniversary of the said date.

[Paragraph 21(2) of the Fourth Schedule substituted by section 59(b) of the Revenue Laws Amendment Act, 2002 (Act No. 74 of 2002]

 

(3) [Paragraph 21(3) of the Fourth Schedule deleted by section 59(c) of the Revenue Laws Amendment Act, 2002 (Act No. 74 of 2002]