No.8 FINANCE (No. 2) 2014 (ii) having paid that amount in terms of paragraph 10 fails subsequently to recover that amount in terms of paragraph 12 from the employee from whose remuneration that amount should have been withheld; the Commissioner shall be deemed to be the employer instead of the public entity or body or association referred to in paragraph (b) and(d) may recover that amount from the employee from whose remuneration that amount should have been withheld; and (e) shall, for the purposes of subparagraph (d), have all the rights and powers that he or she has under this Act for recovering outstanding tax. (3) Notwithstanding subparagraph (b) of the definition of "remuneration "in paragraph 1( 1), if a public entity or body or association referred to in subparagraph (2)(b)(a) fails, as a payer, to withhold an amount of tax on non-executive directors' fees in accordance with the Thirty-Third Schedule; and (b) subsequently purports to pay that amount in terms of paragraph 10 as if the non-executive director's fees in question was "remuneration'' for the purposes of this Schedule; the non-executive director's fees in question shall be deemed to be "remuneration" and the director to whom such fees were paid shall be deemed to be an "employee" for the purposes of this Schedule. (4) Accordingly, where a public entity or body or association referred to in subparagraph (2) fails subsequently to recover from the director from whose nonexecutive directors' fees an amount of tax on non-executive director's fees should have been withheld, subsection (2) shall apply as if the Commissioner is the employer and the amount in question is an amount of employees' tax.". 7 Suspension of operation of Part Ill of Twenty-Sixth Schedule to Cap. 23:06 The operation of Part III ("Small-Scale Miners Presumptive Tax") of the TwentySixth Schedule ("Presumptive Tax") to the Income Tax Act [Chapter 23:06] is suspended with effect from the 1st October, 2014. 8 Amendment of Thirtieth Schedule to Cap. 23:06 With effect from the 1st January, 2014, the Thirtieth Schedule ("Intermediated Money Transfer Tax") to the Income Tax Act [Chapter 23 :06] is amended in paragraph l ("Interpretation") (1), in the definition of "financial institution" by the repeal of paragraph (h) and the substitution of"(h) any provider of a mobile banking service;". PART Ill VALUE ADDED TAX 9 Amendment of section 2 of Cap. 23:12 Section 2 (''Interpretation")(!) of the Value Added Tax Act [Chapter 23:12] is amended by the repeal of the definitions of"fiscalised electronic register" (where they occur twice) and "fiscalised recording regulations" and the substitution of the following definition""fiscalised electronic register" means an electronic sales register having such features as may be prescribed;". 212 2014