Section 63: Cessation or transfer of business
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
63. Cessation or transfer of business
(1) Where a registered person intends to cease business, he shall notify
the Director-General in writing of the date of the cessation of business.
(2) Subject to subsection (3), a registered person who ceases business
shall, within 15 days of the date of the cessation—
(a) submit a return and pay all tax due including the tax due on any
goods forming part of the assets of the business, other than
those specified in section 21 (2) (b); and
(b) return to the Director-General his certificate of registration and
all his copies.
V4 – 41 [Issue 10]
Value Added Tax Act
(3) Subject to section 21 (7A), where a registered person who ceases to
carry on business, sells or otherwise transfers his business as a going concern to another registered person, he shall not charge VAT on the sale or
transfer.
(4) —
[S. 63 amended by s. 19 of Act 18 of 2003 w.e.f. 21 July 2003; s. 19 (g) of Act 37 of 2011
w.e.f. 15 December 2011; s. 30 (i) of Act 26 of 2013 w.e.f. 21 December 2013.]
63A. —
[S. 63A inserted by s. 19 (h) of Act 37 of 2011 w.e.f. 15 December 2011; repealed by s. 69
(n) of Act 11 of 2018 w.e.f. 9 August 2018.]
64. —
[S. 64 repealed by s. 69 (n) of Act 11 of 2018 w.e.f. 9 August 2018.]
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Questions this section answers
- If I close my business, must I notify the tax authority and settle my final VAT within 15 days?
- If I sell my business as a going concern to another registered person, do I charge VAT on the sale?