S.L. 372.25 Art. 5Time limits for registration.

(1)A person shall only be entitled to make a claim pursuant to the sub-articles mentioned in rule 2 if, at the time of making the claim, he is registered in terms of these rules and that registration was made not later than the date on which the first provisional tax payment instalment of the company or the trust, as the case may be, for the relevant year of assessment falls due or the date on which the company or the trustee, as the case may be, makes a payment of tax in respect of that year of assessment whichever is the earlier: Provided that where the period commencing from the first day of the accounting period ending in the year preceding the relevant year of assessment and the date on which the first provisional tax payment instalment falls due is less than one hundred and twenty days, the said registration must have been made not later than the date on which the second provisional tax payment instalment of the company or the trustee, as the case may be, for the relevant year of assessment falls due or the date on which the company or the trustee, as the case may be, makes a payment of tax in respect of that year of assessment (other than the payment in respect of the first provisional tax payment for that same year of assessment) whichever is the earlier: Provided further that where the relevant year of assessment is the first year of assessment of the company or the trust, as the case may be, the said registration must have been made not later than the date on which the second provisional tax payment instalment for the relevant year of assessment of the company or the trust, as the case may be, would have fallen due had that year of assessment been the second year of assessment and not the first year of assessment or the date on which the company or the trustee, as the case may be, makes a payment of tax in respect of that accounting period whichever is the earlier.

(2) Notwithstanding the provisions of sub-rule (1) but subject to the provisions of sub-rule (3) the registration referred to in sub-rule (1) shall be made not later than the tax settlement date for that year of assessment of the company or the trust, as the case may be.

(3) Where on the date of publication of these rules or on the date of any relevant amendment thereto, the time period within which a registration is to be made in accordance with the preceding provisions of this rule has already elapsed or is a date falling within one hundred and twenty days from such date, the registration referred to in sub-rules (1) and (2) shall be made not later than one hundred and twenty days from the date of publication of these rules or from the date of any relevant amendment thereto as the case may be.

(4) Notwithstanding the provisions of sub-rules (1), (2) and (3), the Commissioner may, in his discretion and provided that there are sufficient serious reasons for the request, accept a request for registration of a person for entitlement to make a claim pursuant to the sub-articles mentioned in rule 2 provided that such request is made not later than eighteen months after the end of the accounting period to which the registration under these rules refers.

(5) In this rule:

(a) the "relevant year of assessment" is the first year of assessment in which the tax in respect of which a claim and registration is made or is to be made in terms of these rules is assessable;

(b) the "company" is the company which makes a payment of a dividend as a result of which the said person is entitled to make a claim pursuant to the sub-articles mentioned in rule 2;

(c) the "trustee" is the resident trustee which makes a distribution out of profits as a result of which the said person is entitled to make a claim pursuant to the sub-articles mentioned in rule 2.