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

Regulations

Domestic Reverse Charge Regulations

1. Definitions

Purchase

In these Regulations, unless otherwise indicated, any word or expression to which a meaning has been assigned in the Value-Added Tax Act, 1991 (Act No. 89 of 1991), bears the meaning so assigned, and—

"domestic reverse charge"

means the VAT charged at the standard rate on a taxable supply of goods, must be accounted for and is payable, on the supplier:'s behalf, by the recipient of the supply and is not payable by the supplier, if the—

(a)	supply is of valuable metal;

(b)	supplier is a registered vendor; and

(c)	recipient is a registered vendor;

"residue"

means any debris, discard, tailings, slimes, screening, slurry, waste rock, foundry sand, beneficiation plant waste or ash derived from or incidental to a mining operation;

[Definition substituted by Amendment Notice No. 4793, GG50642, dated 10 May 2024]

"the Act"

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

"valuable metal"

means any goods in the form of jewellery, bars, blank coins, ingots, buttons, wire, plate, sponge, powder, granules, in a solution, sheet, tube, strip, rod, residue or similar forms, containing gold, including any ancillary goods or services but does not include supplies —

(a)

of goods produced from raw materials by any “holder” as defined in section 1 of the Mineral and Petroleum Resources Development Act, 2002 (Act No 28 of 2002), or by any person contracted to such “holder” to carry on mining operations in respect of the mine where such “holder’’ carries on mining operations;

(b)	contemplated in section 11(1)(f), (k) or (m) of the Act;

(c)	of valuable metal containing less than 1 per cent of gold in gross weight; or

(d)	jewellery plated with gold where the gold is present as a minor constituent only.

[Definition substituted by Amendment Notice No. 4793, GG50642, dated 10 May 2024]

"VAT"

means value-added tax.