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Value-Added Tax Act, 1991 (Act No. 89 of 1991)

Part X : Miscellaneous

75. Tax agreements

 

(1) The National Executive may enter into an agreement with the government of any other country whereby arrangements are made with that government with a view to—
(a) the prevention, mitigation or discontinuance of the levying, under the laws of the Republic and such other country, of value-added tax or any similar tax where the supply of goods or services is subject to such tax in either the Republic or such other country and such supply or the importation of such goods or services is also subject to such tax in the other country which is a party to the agreement;
(b) the refunding of value-added tax or any similar tax, or any portion of such value-added tax or similar tax, levied under the laws of the Republic and such other country, in respect of the supply of goods or services in the Republic or such other country, as the case may be, where such goods or services are imported into such other country or the Republic, as the case may be;
(c) regulating or co-ordinating any matter with regard to the levying and collection, under the laws of the Republic and such other country, of value-added tax or any similar tax; or
(d) the rendering of reciprocal assistance in the administration of and the collection of value-added tax or any similar tax under the laws of the Republic and such other country, or in respect of the execution of the arrangements provided for in any agreement entered into in terms of this section.

 

(2) As soon as may be possible after the approval by Parliament of any such agreement, as contemplated in section 231 of the Constitution, the arrangements thereby made shall be notified by publication in the Gazette and thereupon the arrangements so notified shall have effect as if enacted by this Act.

 

(3) [Section 75(3) deleted by section 52 of Act 27 of 1997]

 

(4) [Section 75(4) deleted by section 52 of Act 27 of 1997]

 

(5) The duty imposed by this Act to preserve secrecy with regard to such tax shall not prevent the disclosure to any authorised SARS official of the country contemplated in subsection (1) of any information necessary for the proper execution of the agreement notified in terms of subsection (2).