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Customs

Sars’ Excise External Policy Licensing And Registration

Publish Date: 
29 Jun 2020

On 24 June the South African Revenue Service (Sars) announced that, effective on the day, it had introduced its “Excise External Policy Licensing And Registration”.

The policy deals with the types of registrations and licences administered by Excise and sets the requirements that must be met prior to and subsequent to registration and licensing for selected activities. The purpose of the policy is to regulate specific activities pertaining to Excisable/Levy goods and to govern acceptable practice in terms of the Customs and Excise Act, 1964.

The following Excise client registrations are covered by this policy: (i) Commercial manufacturer of biodiesel; (ii) Commercial manufacturer of sugary beverages; (iii) Diamond producer, dealer, beneficiator or the holder of an export permit; (iv) Electricity producer; (v) Manufacture of excisable goods solely for own use by the manufacturer – Section 116; (vi) Non-commercial manufacturer of biodiesel; (vii) Non-commercial manufacturer of sugary beverages; (viii) Rebate User (Schedule 6); (ix) Registered still; or (x) Tobacco leaf dealer.

The following Excise client licences are covered by this policy:

(i) Excise Warehouses: (A) Manufacturing Warehouses (VM); (B) Primary and Secondary Manufacturing Warehouses (VMP and VMS); (C) Special Manufacturing Warehouses (SVM); (D) Special Storage Warehouses (SOS); (E) Storage Warehouses (OS); and (F) Special Ad Valorem Manufacturing Warehouse for purposes of Excise duty specified in Section B of Part 2 of Schedule 1 (VS) - “Specific Excise Duties On Locally Manufactured Or On Imported Goods Of The Same Class Or Kind”.

(ii) Licensed Distributor of Fuel (LDF) - Although not an Excise “warehouse”, Section 60 “Licence fees according to Schedule No. 8” [Licences] read with Section 64F “Licensing of distributors of fuels obtained from the licensee of a customs and excise manufacturing warehouse” stipulates that any person, other than the licensee of a fuel-manufacturing warehouse who wishes to claim a refund on fuel, has to license as an LDF with the Sars. Such refunds can only be claimed on fuel obtained at any place in South Africa (SA) from duty paid stocks of a fuel-manufacturing warehouse for delivery to any destination outside SA.

(iii) Agricultural Distiller - Although not an Excise “warehouse”, Section 60 “Licence fees according to Schedule No. 8” [Licences] read with Section 62 “Agricultural distillers” stipulates that any person distilling spirits has to license. Only renewal of existing agricultural distiller licences, as no new licences, shall be granted to any person after the commencement of the Customs and Excise Act, 1964.

(iv) Stills – Although not an Excise “warehouse”, Section 60 60 “Licence fees according to Schedule No. 8” [Licences] read with Section 63 “Stills to be licensed” stipulates that any person who owns or has in his possession or under his control any still, has to license. This includes the manufacture or importation of stills for sale or the repair of stills for reward.

The Notice is accessible at:

https://www.sars.gov.za/AllDocs/OpsDocs/Policies/SE-SB-02%20-%20Health%20Promotion%20Levy%20on%20Sugary%20Beverages%20-%20External%20Policy.pdf

Story by: Riaan de Lange

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