Technical Inbox - Pick of the Week

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Attention SAIT members and TaxTalk subscribers!

The latest edition of TaxTalk has been released!  You can access the digital magazine via the TaxTalk Today website. Happy reading!  If you are not a subscriber to the magazine and would like to receive the magazine on a bimonthly basis, click here to subscribe today!

Legislative & Policy

Panama joins international tax co-operation efforts to end bank secrecy

Today, at the OECD Headquarters in Paris, the Director-General of Revenue and the delegated Competent Authority of Panama, Publio Ricardo Cortés, has signed the CRS Multilateral Competent Authority Agreement‎ (CRS MCAA), in presence of OECD Deputy Secretary-General Masamichi Kono.

2017 Tax Amendment Laws Promulgated

Following the promulgation of the Rates and Monetary Amounts and Amendment of Revenue Laws Act, 2017 (Act No. 14 of 2017) (2017 Rates Act), the National Treasury and SARS today publish the 2017 Rates Act. The 2017 Rates Act deals with changes in tax rates and monetary thresholds, excise duties on alcohol beverages and tobacco products as announced in the 2017 Budget Speech and 2017 Budget Review. Further, the 2017 Rates Act also introduces a Health Promotion Levy to be imposed on Sugary...

National Treasury
Mongolia joins the Inclusive Framework on BEPS

The Inclusive Framework welcomes Mongolia, bringing to 111 the total number of countries and jurisdictions participating on an equal footing in the Project.

TAX Announcements

Draft IN on deductions in respect of commercial buildings
Draft IN on deduction in respect of certain residential units
Draft IN 15 (Issue 5) - Exercise of discretion in case of late objection or appeal

Call For Comment

Tax Administraion Act, 2011​

Draft Interpretation Note 15 (Issue 5) – Exercise of discretion in case of late objection or appeal

Next due date for comments :​31 March 2018New!

​Income Tax Act, 1962

Draft Interpretation Note on section 13sex – Deduction in respect of certain residential units

Next due date for comments :​30 April 2018New!​

​Income Tax Act, 1962

Draft Interpretation Note on section 13quin – Deduction in respect of commercial buildings

Next due date for comments :​30 April 2018New!​



The Commissioner for SARS v Reunert Ltd (971/2016) [2017] ZASCA 153 (22 November 2017)
B v Commissioner for the South African Revenue Services (IT14240) [2017] ZATC 3 (3 November 2017)


What is required is Proof, Not Simply Argument

An analysis of a recent court case which illustrates the finer points of disputing tax liability.

Kevin Burt & Pieter van der Zwan
Travel Reimbursements: A Simplified Method, Not So Simple…

We take a look at the effect of recent law changes to travel reimbursements intended to simplify the tax situation.

Shohana Mohan
The 4 Seasons of Tax Law

The cyclic tax law process, much like the seasons, is ever changing, but how exactly it changes can seem mysterious. SAIT’s CEO and former National Treasury insider explains the overall legislative process. 

Keith Engel
Revised Debt Restructuring Rules: Was this Intended?

Changing the terms and conditions of debts may have tax implications in future. Taxpayers who find themselves in a position of financial distress should be aware of this and make sure that they consider this when restructuring debts.

Pieter van der Zwan
PAYE Attention to Your Rights during an Audit

Undergoing an audit can be a harrowing experience for any taxpayer. However, knowing as much as possible about the laws governing the process should help to alleviate some of the fear.

Marelize Loftie-Eaton
How to Battle the Frankenstein Juggernaut

Understanding the mysterious and powerful creature that is the “SARS official” is key in any tax dispute situation. The author delves into the depths of literary and tax law references to unveil this term.

Wayne Pocock
Doth Thou Protest in the Right Way?

We take a look at the dispute resolution mechanisms available to taxpayers aside from lodging objections.

Jerry Botha & Natasha Wilkinson
Draft Carbon Tax Bill released for comment

On 14 December 2017, the South African National Treasury published a Draft Carbon Tax Bill (the “Bill”) for public comment, with the comment period commencing immediately and continuing until 9 March 2018. 

Mansoor Parker
Non-Executive Directors and VAT registration

SARS has recently issued Binding General Ruling (BGR) 40 (Remuneration paid to non-executive directors) and Binding General Ruling 41 (VAT treatment of non-executive directors).Following on from the conclusion in BGR 40 that an NED is not considered to be a common law employee (i.e. an NED director’s fees do not constitute remuneration), an NED is treated as an independent contractor for VAT purposes.Therefore, NEDs will be carrying on enterprises for VAT purposes on the basis that they...

KPMG South Africa

CPD Events

Tax News In The Press

SARS Wars - KPMG 'Rogue Unit' Independent Inquiry Grinds to a Halt

[Daily Maverick] Two months after the South African Institute of Chartered Accountants and the Independent Regulatory Board for Auditors announced the establishment of an independent commission of inquiry, chaired by Advocate Dumisa Ntsebeza, into alleged misconduct by KPMG regarding work done for the Gupta family, and the controversial SARS "rogue" unit report, things appear to have ground to a halt. A key witness willing to testify has been left hanging by IRBA, SAICA, KPMG as well as the...

SARS Executive Allegedly Dismissed

[News24Wire] A SARS executive who oversaw IT systems at the revenue service has, according to insiders, been dismissed.

4 January 2018 - SARS Lebombo busts 3.6kg of Heroin
When do tax rates become unaffordable?

South Africa’s economic performance and outlook has remained under pressure throughout 2017. This has led to the country’s credit rating being downgraded to “junk status” by two of the three major ratings agencies. Reasons have been cited as to why SA’s credit rating has been negatively impacted this year such as the rising debt-to-GDP ratio and political uncertainty. The rising debt-to-GDP ratio is problematic as the fiscus is increasingly negatively affected as national debt rises. This is...

Bryden Morton and Chris Blair
Op-Ed: 2017 worst year yet for S.A tax payers

For taxpayers, this year is the worst ever, and the next two years are projected to be even worse.

SARS Wars - Tom Moyane's Multiple Storms

[Daily Maverick] On Friday, SARS Commissioner Tom Moyane called a last-minute press conference after a hot batch of acrimonious letters between himself and Minister of Finance Pravin Gordhan were leaked to the Mail & Guardian. Moyane was hoping to defend his dignity and increasingly tarnished status as the head of the country's most crucial economic cog, the revenue collection service. And while technocrats tried to explain away a R30.4-billion shortfall flagged by Gordhan in his Budget...