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Municipal Fiscal Powers and Functions Act, 2007 (Act No. 12 of 2007)

Chapter 2 : Municipal Tax

6. Regulations regarding imposition and administration of municipal tax

 

 

The regulations—

(a) must regulate the powers of a municipality, group of municipalities or a kind of municipality, which may be defined either in relation to the capacity of a municipality, a category, type or budgetary size of municipality or the powers and functions exercised by a municipality to impose the municipal tax;
(b) must determine—
(i) the date from which the municipal tax may be imposed, which date must coincide with the start of a municipal financial year; and
(ii) the collecting agent for such municipal tax, if it is not the municipality or municipalities authorised to impose the tax;
(c) must determine the tax base on which such municipal tax may be levied and any exclusion from the tax base, if any, and—
(i) where the tax is a specific purpose tax or a tax levied on the same tax base as that of national taxes, the rate expressed as a percentage or Rand value at which a municipality may impose that tax; or
(ii) where the tax is not a specific purpose tax or a tax levied on the same tax base as that of national taxes—
(aa) the rate expressed as a ratio, a percentage of the municipal tax base or a Rand value at which a municipality may impose that tax; or
(bb) the bands or ranges within which that municipal tax may be imposed; and
(iii) the basis upon and the intervals at which the rates referred to in paragraph (i) or (ii) may be increased;
(d) may—
(i) limit the period during which the municipal tax may be imposed;
(ii) in respect of a specific purpose tax, limit the purpose for which revenue derived from the collection of the municipal tax may be utilised;
(iii) specify that a percentage of the revenue derived from the collection of the specific purpose tax must be utilised for a specific purpose; and
(e) may include any other matter necessary for the proper imposition and administration of the municipal tax.