[Section 19 heading substituted by section 37(1)(a) of the Tax Administration Laws Amendment Act, 2016 (Act No. 16 of 2016)]
| (1) |
Despite Chapter 6 of the Tax Administration Act, the Commissioner must annually submit to the Minister of Finance a report, in the form and manner that the Minister may prescribe, within six months from the date that the Commissioner received the report from each extractor, advising the Minister of— |
[Words preceding subsection (1)(a) substituted by section 46(1)(b) of the Tax Administration Laws Amendment Act, 2016 (Act No. 16 of 2016)]
| (a) |
the volume of mineral resources transferred by each extractor; |
| (b) |
the gross sales of each extractor as mentioned in section (1) and (2) of the Royalty Act; |
| (bA) |
the adjusted gross sales of the extractor if that adjustment is required in terms of section 6(5) of the Royalty Act; |
| (c) |
the percentage determined in terms of section 4(1), (1A) and (2) of the Royalty Act; |
[Section 19(1)(c) substituted by section 24 of the Tax Administration Laws Amendment Act, 2023, GG49947, dated 22 December 2023 ]
| (d) |
the methodology employed to adjust the amount allowed to be deducted in respect of the use of assets or expenditure incurred in terms of section 5 of the Mineral and Petroleum Resources Royalty Act; |
| (e) |
the methodology employed to adjust the amount of gross sales determined in terms of section 6 of the Mineral and Petroleum Resources Royalty Act; |
| (f) |
the allocation of the amount in respect of assets used or expenditure incurred contemplated in section 5 of the Royalty Act per mineral resource; |
| (g) |
the amounts of the royalty imposed in terms of section 2 of the Royalty Act in respect of refined minerals and unrefined minerals, respectively; |
| (h) |
the amount of earnings before interest and taxes determined in accordance with section 5(1) and (2) of the Royalty Act, respectively; |
| (i) |
the amount of the royalty that would have been imposed on an extractor in respect of mineral resources transferred had that extractor not been exempt from the royalty in terms of section 7(1)(a) of the Royalty Act; |
| (j) |
the amount of the royalty that would have been imposed on an extractor in respect of mineral resources transferred had that extractor not been exempt from the extractor not been exempt from the royalty in terms of section 7(1)(b) of the Royalty Act; and |
| (k) |
the amount of the royalty that would have been imposed on an extractor had that extractor not been exempt from the royalty in terms of section 8 of the Royalty Act. |
| (2) |
The Minister of Finance and every person employed or engaged by him or her with regard to all matters that may come to his or her knowledge by virtue of subsection (1) are subject to section 67(4) of the Tax Administration Act. |
[Subsection (2) substituted by section 46(1)(c) of the Tax Administration Laws Amendment Act, 2016 (Act No. 16 of 2016)]
| (3) |
[Subsection (3) deleted by section 46(1)(d) of the Tax Administration Laws Amendment Act, 2016 (Act No. 16 of 2016)] |
| (4) |
[Subsection (4) deleted by section 46(1)(d) of the Tax Administration Laws Amendment Act, 2016 (Act No. 16 of 2016)] |
| (5) |
[Subsection (5) deleted by section 46(1)(d) of the Tax Administration Laws Amendment Act, 2016 (Act No. 16 of 2016)] |
| (6) |
[Subsection (6) deleted by section 46(1)(d) of the Tax Administration Laws Amendment Act, 2016 (Act No. 16 of 2016)] |
| (7) |
The provisions of this section must not be construed as preventing— |
| (a) |
[Subsection (7)(a) deleted by section 29 of the Tax Administration Laws Amendment Act, 2013 (Act No. 39 of 2012)] |
| (b) |
the Commissioner from disclosing to the Director-General of the Department of Mineral Resources; and |
| (c) |
the Minister of Finance and the Commissioner from disclosing to the chief executive officer of the agency designated by the Minister responsible for Mineral Resources in terms of section 70 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 20 of 2002), |
any information submitted under subsection (1).
[Words following subsection 7(c) substituted by section 46(1)(e)of the Tax Administration Laws Amendment Act, 2016 (Act No. 16 of 2016)]
| (8) |
The provisions of subsection (2) apply to the persons referred to in subsection (7) and any person engaged or employed by them that has access to the information. |
[Subsection (8) inserted by section 46(1)(f) of the Tax Administration Laws Amendment Act, 2016 (Act No. 16 of 2016)]
Intellectual Property Rights from Publicly Financed Research and
