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Section 76C of the Customs and Excise Act in Effect

May 25, 2020

National Treasury

Section 76C of the Customs and Excise Act, as inserted by section 20(1) of the Tax Administration Laws Amendment Act of 2016, has come into effect.

The finance minister, Tito Mboweni published Proclamation 20 in Government Gazette 43341.

Section 76C deals with the set-off of refund against amounts owing.

The Section empowers the South African Revenue Service (SARS) to set off against the amount owing on tax, additional tax, duty, levy, charge, interest or penalty which a person has failed to pay, any amount of customs duty which has become refundable to that person.

The Section now stipulates that the set off of a refund can occur provided that that amount is first set off against any outstanding debt under the act.

Meanwhile, in Gazette 43343, SARS published an amendment to Customs and Excise Act Rules.

Rule 107A is inserted.

It focuses on requirements in respect of tobacco growers and tobacco leaf dealers.

Tobacco leaf dealers are expected to register with SARS and keep records.
Rule 110 on product counters on cigarette production lines is also inserted.

The rule calls for a functional product counter on each cigarette packaging machine in a customs and excise manufacturing warehouse to calculate the numbers of cigarettes manufactured.

The amendments come into effect 30 days after the date of publication.

In Board Notices 59 and 60, the Independent Regulatory Board for Auditors (IRBA) published a call for nominations to serve on two committees:


• BN 59 – call for nominations to serve on the Education, Training and Professional Development Committee (EDCOM) – serve three-year term with not more than two consecutive terms – six vacancies to be filled – applications invited until 22 June 2020;
• BN 60 – call for nominations to serve on IRBA’s Disciplinary Committee – three-year term with two renewals – one retired judge or senior advocate and one registered auditor sought – applications invited until 15 June 2020.

In Board Notice 61, the Accounting Standards Board seeks comment on Exposure Drafts issued by the International Public Sector Accounting Standards Board on Revenue with Performance Obligations (ED 181), Revenue without Performance Obligations (ED 182) and Transfer Expenses (ED 183).

Comment is invited until 1 October 2020.