Taxonomies
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South Africa
Carbon Tax Act, 2019
Act 15 of 2019
- Published in Government Gazette 42483 on 23 May 2019
- Assented to on 22 May 2019
- Commenced on 1 June 2019
- Note: See section 21
- [This is the version of this document as it was from 23 May 2019 to 31 May 2019.]
Part I – Definitions and general provisions relating to imposition of carbon tax
1. Definitions
In this Act, unless the context otherwise indicates—"allowance" means any amount allowed to be taken into account in terms of Part II, subject to section 14, for the purposes of determining the amount of carbon tax payable;"carbon budget" means an amount of greenhouse gas emissions permitted, against which direct emissions arising from the operations of a person during a defined time period will be accounted for;"carbon dioxide (CO2) equivalent" means the concentration of carbon dioxide that would cause the same amount of radiative forcing (the difference of sunlight absorbed by the Earth and energy radiated back to space) as a given mixture of carbon dioxide and other greenhouse gases;"carbon tax" means a tax on the carbon dioxide (CO2) equivalent of greenhouse gas emissions imposed in terms of section 2;"combustion" means the exothermic reaction of a fuel with oxygen;"Commissioner" means the Commissioner for the South African Revenue Service;"emission factor" means the average emission rate of a given greenhouse gas for a given source, relative to the activity data of a source stream assuming complete oxidation for combustion and complete conversion for all other chemical reactions;"emissions" means—(a)the release of greenhouse gases or their precursors; or(b)the release of greenhouse gases and their precursors,into the atmosphere, over a specified area and period of time;"emissions intensity" means an indicator of the result of the measurement of the quantity of greenhouse gas emissions in relation to an activity;"emissions intensity benchmark" means the result of the measurement in respect of an activity that creates greenhouse gas emissions—(a)expressed as a predetermined value of the quantity of specified greenhouse gas emissions;(b)in relation to an activity that is differentiated from other activities by means of a product, a type of fuel or a technology; and(c)compared against the quantity of greenhouse gas emissions,in relation to an identical activity undertaken by another person;"fugitive emissions" means emissions that are released into the atmosphere by any other means than through an intentional release through stack or vent including extraction, processing, delivery and burning for energy production of fossil fuels, including leaks from industrial plant and pipelines;"greenhouse gas" means gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation, and includes carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6);"industrial process" means a manufacturing process that chemically or physically transforms materials;"IPCC" means the Intergovernmental Panel on Climate Change established for the purposes of providing internationally co-ordinated scientific assessments of the magnitude, timing and potential environmental and socio-economic impact of climate change by the United Nations Environment Programme (UNEP) and the World Meteorological Organization (WMO) and endorsed by the United Nations by General Assembly Resolution 43/53 made at the 70th plenary meeting on 6 December 1988;"IPCC code" means the source code in respect of an activity resulting in the emission of a greenhouse gas as stipulated in the "Guidelines for National Greenhouse Gas Inventories" (2006) issued by the IPCC;"Minister" means the Minister of Finance;"person" includes—(a)a partnership;(b)a trust;(c)a municipal entity as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000); and(d)a public entity listed in Schedules 2, 3A, 3B, 3C and 3D to the Public Finance Management Act, 1999 (Act No. 1 of 1999);"taxpayer" means a person liable for the carbon tax in terms of section 3; and"tax period" means a period in respect of which tax is payable as prescribed under section 16.2. Imposition of carbon tax
There must be levied and collected for the benefit of the National Revenue Fund, a tax to be known as the carbon tax.3. Persons subject to tax
A person is—4. Tax base
5. Rate of tax
6. Calculation of amount of tax payable
Part II – Allowances
7. Allowance for fossil fuel combustion
8. Allowance for industrial process emissions
9. Allowance in respect of fugitive emissions
10. Trade exposure allowance
A taxpayer that is liable for the carbon tax in respect of greenhouse gas emissions must receive an allowance up to a maximum of ten per cent in respect of trade exposure as measured by value of exports plus imports divided by the total production by sector or subsector that must be determined in a manner prescribed by the Minister by regulation.11. Performance allowance
12. Carbon budget allowance
13. Offset allowance
Part III – Limitation of allowances
14. Limitation of sum of allowances
A taxpayer, other than a taxpayer in respect of which the maximum total allowance stipulated Schedule 2 constitutes 100 per cent, must only receive the sum of the allowances contemplated in Part II in respect of a tax period to the extent that the sum of those allowances does not exceed 95 per cent of the total greenhouse gas emissions of that taxpayer in respect of that tax period as determined in terms of the column "Maximum total allowances %" in Schedule 2.Part IV – Administration, tax period and payment of tax
15. Administration
16. Tax period
17. Payment of tax
A taxpayer must submit yearly environmental levy accounts and payments as prescribed by rule in terms of the Customs and Excise Act, 1964 (Act No. 91 of 1964), for every tax period.Part V – Miscellaneous
18. Reporting
Despite Chapter 6 of the Tax Administration Act, the Commissioner must annually submit to the Minister a report, in the form and manner that the Minister may prescribe, within six months from the date of submission of environmental levy accounts and payments contemplated in section 17 advising the Minister in respect of that tax period of—19. Regulations
The Minister must make regulations in respect of—20. Amendment of laws
The Customs and Excise Act, 1964 (Act No. 91 of 1964), is hereby amended to the extent set out in Schedule 3.21. Short title and commencement
This Act is called the Carbon Tax Act, 2019, and comes into operation on 1 June 2019.History of this document
01 January 2023 amendment not yet applied
Amended by
Taxation Laws Amendment Act, 2022
01 January 2022 amendment not yet applied
01 January 2021 amendment not yet applied
15 January 2020 amendment not yet applied
Amended by
Taxation Laws Amendment Act, 2019
01 January 2020 amendment not yet applied
01 June 2019 amendment not yet applied
Amended by
Taxation Laws Amendment Act, 2019
Commenced
Note: See section 21
23 May 2019 this version
22 May 2019
Assented to
Cited documents 3
Act 3
1. | Local Government: Municipal Systems Act, 2000 | 4510 citations |
2. | Public Finance Management Act, 1999 | 2229 citations |
3. | Customs and Excise Act, 1964 | 919 citations |
Documents citing this one 17
Gazette 16
Government Notice 1
1. | Regulations under section 19 of the Carbon Tax Act, 2019 |
Subsidiary legislation
Title | Numbered title |
---|---|
Regulations under section 19 of the Carbon Tax Act, 2019 | Government Notice 1556 of 2019 |
Regulations under section 19 of the Carbon Tax Act, 2019: Amendment | Government Notice 4787 of 2024 |