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Refund of tax
7. If it is proved to the satisfaction of the Commissioner that any person has been charged
with tax in excess of the amount properly chargeable in terms of this Schedule, the Commissioner
shall authorise a refund in so far as it has been overpaid:
Provided that the Commissioner shall not authorise any refund in terms of this paragraph
unless the claim therefor is made within three years of the date of payment of such tax.
THIRTY-FOURTH SCHEDULE (Section 37B)
ADVANCE TAX RULINGS
Interpretation
1. In this Schedule—
“advance tax ruling” means a written statement in the form of a binding general ruling,
binding private ruling or binding class ruling issued by the Commissioner-General
regarding the interpretation or application of the Act;
“applicant” means a person who applies for a binding private ruling or a binding class
ruling;
“binding class ruling” means an advance tax ruling issued in response to an application by
an applicant regarding the application or interpretation of this Act as it affects a
specific class of persons;
“binding general ruling” means an advance tax ruling, issued in accordance with the
requirements of this Act;
“binding private ruling” means an advance tax ruling issued in response to an application
by an applicant regarding the application or interpretation of this Act in respect of a
proposed transaction as it affects the applicant alone;
“class member” means a member of the class to which a binding class ruling applies, such
as a shareholder in a company or an employee participant in a share investment
scheme;
“entity” means a person, other than a natural person, which may apply for a binding class
ruling on behalf of its shareholders or members in respect of a proposed transaction to
which it is a party and includes a company, private business corporation, cooperative
society or trade association:
Provided that an entity does not include a professional firm acting or purporting
to act on behalf of a client;
“nonbinding private opinion” means a written statement issued by the CommissionerGeneral in response to an inquiry by a person in order to provide the person with
informal guidance in respect of the tax treatment of a particular set of facts and
circumstances or transaction, but which does not have any binding effect;
Select target paragraph3
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