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Tax clearance requirements SBD 2

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Declaration Of Interest SBD 4

Tax clearance requirements SBD 2

1 It is a condition of Bid that the taxes of the successful bidder must be in order, or that satisfactory arrangements have been made with South African Revenue Service (SARS) to meet the bidder’s tax obligations.

2 In order to meet this requirement bidders are required to complete in full the attached form TCC 001 “Application for a Tax Clearance Certificate” and submit it to any SARS branch office nationally. The tax clearance certificate requirements are also applicable to foreign bidders/individuals who wish to submit Bids.

3 SARS shall then furnish the bidder with a tax clearance certificate that shall be valid for a period of one (1) year from the date of approval.

4 The original tax clearance certificate must be submitted together with the Bid. Failure to submit the original and valid tax clearance certificate shall result in the invalidation of the Bid. Certified copies of the tax clearance certificate shall not be acceptable.

5 In Bids where Consortia / Joint Ventures / subcontractors are involved, each party must submit a separate tax clearance certificate.

6 Copies of the TCC 001 “Application for a Tax Clearance Certificate” form are available from any SARS branch office nationally or on the website www.sars.gov.za.

7 Applications for the tax clearance certificates may also be made via eFiling. In order to use this provision, taxpayers shall need to register with SARS as eFilers through the website www.sars.gov.za.

Jeyrel:\Mdk416-SBD2 tax clearance

TAX CLEARANCE

Application for a Tax Clearance Certificate

Particulars applicant

Particulars of representative (Public Officer/Trustee/Partner)

Page 1 of 2

Particulars of RFQ (If applicable)

Audit

Appointment of representative/agent (Power of Attorney)

Declaration

Notes:

It is a serious offence to make a false declaration.

2. Section 75 of the Income Tax Act, 1962, states: Any person who

(a) fails or neglects to furnish, file or submit any return or document as and when required by or under this Act; or
(b) without just cause shown by him, refuses or neglects to
(i) furnish, produce or make available any information, documents or things;
(ii) reply to or answer truly and fully, any questions put to him ...
As and when required in terms of this Act ... shall be guilty of an offence ...

SARS shall, under no circumstances, issue a Tax Clearance Certificate unless this form is completed in full.
Your Tax Clearance Certificate shall only be issued on presentation of your South African Identity Document or Passport (Foreigners only) as applicable.

Declaration Of Interest SBD 4

1 Declaration of interest

1.1 Any legal person, including persons employed by the state¹, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where:

1.1.1 the bidder is employed by the state; and/or

1.1.2 the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and/or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and/or adjudication of the bid.

1.2 In order to give effect to the above, the following questionnaire must be completed and submitted with the Bid.

Full name of bidder or his or her representative:____________________________________

1.2.2 Identity number: _________________________________________________________

1.2.3 Position occupied in the company (director, trustee, shareholder) ______________________

Company registration number ______________________________________________
Tax reference number _____________________________________________________
VAT registration number ___________________________________________________
1. The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3 below.

_______________

“State” means:

any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999);
any municipality or municipal entity;
provincial legislature;
national Assembly or the national Council of provinces; or
Parliament.

²”Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise.
1.2.6.2 Any legal person, including persons employed by the state¹, or persons having a kinship with persons employed by the State, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bid or proposal). In view of possible allegations of favouritism, should the resulting Bid, or part thereof, be awarded to persons employed by the State, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where:

1.2.6.2.1 the bidder is employed by the state; and/or

1.2.6.2.2 the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and/or adjudication of the Bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and/or adjudication of the Bid.
2 In order to give effect to the above, the following questionnaire must be completed and submitted with the Bid.

Full name of the bidder or his or her representative: ………………………………………………………….
Identity number: ………………………………………………………………………………………………….............
Position occupied in the company (director, trustee, shareholder²): …………………………………
Company registration number: ………………………………………………………………………..…….
Tax Reference Number: ………………………………………………………………………………….………

2.6 VAT Registration Number: ………………………………………………………………………………....

2.6.1 The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / perusal numbers must be indicated in paragraph 3 below.

2.7 Are you or any person connected with the bidder YES / NO

presently employed by the state?

2.7.1 If so, furnish the following particulars:
Name of person / director / trustee / shareholder/ member:

_____________________________

Name of state institution at which you or the person connected to the bidder is employed

_______________________________________________________________________

Position occupied in the state institution:____________________________________________

Any other particulars:______________________________________________________________

_______________________________________________________________________

If you are presently employed by the state, did you obtain YES / NO

the appropriate authority to undertake remunerative

work outside employment in the public sector?

If yes, did you attached proof of such authority to the Bid YES / NO

document?

(NOTE Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.)

If not, furnish reasons for non-submission of such proof: __________________________________________________________________

__________________________________________________________________

Did you or your spouse, or any of the company’s directors / YES / NO

trustees / shareholders / members or their spouses conduct

business with the state in the previous twelve months?

2.8.1 If so, furnish other particulars:__________________________________________________

__________________________________________________________________________

Do you, or any person connected with the bidder, have YES / NO

any relationship (family, friend, other) with a person

employed by the state and who may be involved with

the evaluation and or adjudication of this bid?

2.9.1 If so, furnish other particulars: _______________________________________________________________________

_______________________________________________________________________

2.10 Are you, or any person connected with the bidder, YES/NO

aware of any relationship (family, friend, other) between

any other bidder and any person employed by the state

who may be involved with the evaluation and/or adjudication

of this Bid?

2.10.1 If so, furnish other particulars: _______________________________________________________________________

_______________________________________________________________________

2.11 Do you or any of the directors / trustees / shareholders / members YES/NO

of the company have any interest in any other related companies

whether or not they are bidding for this contract?
2.11.1 If so, furnish other particulars: __________________________________________________________________________

__________________________________________________________________________

3. Full details of directors / trustees / members / shareholders

Full name	Identity number	Personal tax reference number	State employee number / Persal number

4. Declaration

I, the undersigned (name) ____________________________________________________ certify that the information furnished in paragraphs 2 and 3 above is correct.
I accept that the State may reject the bid or act against me in terms of paragraph 23 of the GCC should this declaration prove to be false.

Signature Date

Position Name of bidder

May 2011
Js914w 2

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