Home

SAIT Trending Topics

Tax Administration & Interpretation
(SARS and Office of the Tax Ombud)

2019 Draft Explanatory Memorandum to the 2019 Draft TLAB - 21 July 2019
2019 Draft Taxation Laws Amendment Bill - 21 July 2019
Environmental Levy on CO2 Emissions new Motor Vehicles Manufactured in SA

TAX CASES

A Company v The Commissioner for the South African Revenue Service (IT 24510) [2019] ZATC 1 (17 April 2019)

The taxpayer carries on business as a high street retailer of clothing, comestibles and general merchandise.  As part of the facilities offered to its customers, it ‘sells’ gift cards.  These can be redeemed for goods at any of the taxpayer’s stores.  The question in this appeal from the additional assessment by the Commissioner of the taxpayer’s taxable income in the 2013 fiscal year is whether the revenue from the ‘sale’ of the taxpayer’s gift cards during that year constituted part of its...

SARS Court Cases
MRS X vs C:SARS - TC - IT 13380 - 27 January 2016

The applicant derived income as beneficiary of four inter vivos trusts, namely the A Trust, the B Trust, the C Trust and the D Trust. Her tax affairs for the 2009 tax year were subjected to an audit by the respondent and it was found that the applicant had under-declared her income for 2009.

SARS Court Cases
XYZ CC vs Commissioner of the South African Revenue Services

The Commissioner for the South African Revenue Service (“SARS”) brought an application in terms of rule 56(1)(b) of the Rules of the Tax Court for default judgment against the taxpayer in terms of section 129(2) of the Tax Administration Act, 28 of 2011 (“the Act”).

SARS Court Cases

Legislative & Policy
(National Treasury & Parliament)

Media Release: PIC and SARB Board of Directors’ appointments
Treasury
Annexure: Brief CVs of the PIC Board of Directors
Treasury
Exploring a new Dawn for Budding Public-Sector Economists with GTAC
Treasury

Call For Comment
SAIT member comments can be directed to taxpolicyadmin@thesait.org.za

​16 August 2019 New!



Next due date for comments :

SARS
​22 July 2019



Next due date for comments :

SARS
​22 July 2019 New!



Next due date for comments :

SARS

International and Regional News
(OECD and ATAF)

Global Forum on Tax Transparency assists Morocco to implement Exchange of Information on Request

The Global Forum Secretariat is assisting Morocco in preparing for its second round of peer review aimed at assessing its compliance with the international standard of exchange of information on request.

Bosnia and Herzegovina joins the Inclusive Framework on BEPS

The Inclusive Framework on BEPS welcomes Bosnia and Herzegovina bringing to 131 the total number of countries and jurisdictions participating on an equal footing in the Project.

Gibraltar joins the Inclusive Framework on BEPS

The Inclusive Framework on BEPS welcomes Gibraltar bringing to 130 the total number of countries and jurisdictions participating on an equal footing in the Project.

CPD Events

PROFESSIONAL INSIGHT

Tax Alert

Legislative developments: Draft amendments to anti-dividend stripping rules released for public commentAs was announced in the Budget, it is proposed that the amendments take effect on 20 February 2019 (i.e. on Budget Day).Dow...

PWC
PWC Synopsis May 2019

A monthly journal, published by PwC South Africa, that gives informed commentary on current developments in the tax arena, both locally and internationally. Through analysis of and comment on new laws and judicial decisions of interest, Synopsis helps executives to identify developments and trends in tax law and revenue practice that may affect their business.

PWC
Splitting hairs… VAT Case 1558

Suppliers often make single supplies of goods or services to their customers which comprise of various component parts such as, for example, various goods purchased in a supermarket, some of which are subject to VAT at the standard rate and some of which are zero rated. Other examples include tour operators who charge a single fee for a tour package which may comprise of standard rated accommodation and zero-rated international travel, or an insurer who charges a single premium for providing...

AUTHORS: Varusha Moodaley and Gerhard Badenhorst - Cliffe Dekker Hofmeyr
Proposed amendments to clarify income tax treatment of statutory mergers

Sections 113 and 115 of the Companies Act, 2008 provide for an automatic statutory merger of two companies. The transfer occurs by way of operation of law, and barring any express prohibition to the contrary in a contractual arrangement, no third party consent is generally required to implement the merger. This type of transaction may typically give effect to a desired corporate reorganisation, in terms of which an existing company is liquidated, wound up and/or deregistered. 

Authors: Robert Gad, Megan McCormack and Jo-Paula Roman - ENS
Carbon Tax

Carbon tax effective from 1 June 2019 following Presidential
assent.

 

Deloitte
Tax exemption is not a formality – the Tax Court considers the PBO status of a non-profit company

In terms of s30 of the Income Tax Act, No 58 of 1962 (Act), an entity can only become a public benefit organisation (PBO) if it meets the requirements in that section and is approved by the South African Revenue Service (SARS) as a PBO. In practice, to be approved as a PBO, an application must be submitted to SARS’s Tax Exemption Unit (TEU).

Louis Botha & Louis Kotze - Cliffe Dekker Hofmeyr
Substance over form: A UK judgment about the avoidance of capital gains tax

In the United Kingdom, capital gains tax (CGT) under the Taxation of Chargeable Gains Act, 1992 (TCGA) is charged, inter alia, where a taxpayer disposes of an asset for an amount greater than the base cost at which such taxpayer initially purchased the asset.

Louis Botha and Tsanga Mukumba - Cliffe Dekker Hofmeyr
PWC Tax Alert - Promulgation of the Carbon Tax Act

On 23 May 2019, two important notices were published in the Government Gazette. Notice no. 42483 is to the effect that the Carbon Tax Act, 2019 (Act No. 15 of 2019), has been assented to by the President, and Notice no. 42480 is to the effect that the amendments to the Customs and Excise Act, 1964 (Act No. 91 of 1964), which make provision for the administration and collection of the carbon tax, have also been assented to.

PWC
Norton Rose Fulbright bolsters white-collar crime, investigations and tax practices

Norton Rose Fulbright has expanded its white-collar crime, investigations and tax practices in New York with the addition of partners Carlos F. Ortiz and Mayling C. Blanco.

Tax News In The Press

Revenue Service On E-Filing Growth During 2019 Tax Season

[Govt of SA] The South African Revenue Service (SARS) is pleased to announce that there has been an increase of five percent in the uptake of eFiling in the first two weeks of Tax Season 2019.

The Need for Public Debate On Macroeconomic Policy

[Daily Maverick] We welcome the frank views by Deputy Minister of Finance Dr David Masondo on politically sensitive issues, indicating that there is still scope for discussing difficult choices without being labelled as dogmatists.

Taxpayers battle with glitches after eFiling modernisation

The South African Revenue Service (Sars) had to do a “number of fixes” to its electronic filing (eFiling) system over the weekend after receiving complaints from taxpayers.

Amanda Visser
Public Protector Hits Back At Sunday Times 'Rogue Unit' Report

[News24Wire] Public Protector Advocate Busisiwe Mkhwebane has dismissed a Sunday Times report which claims that a major source in her report on Public Enterprise Minister, Pravin Gordhan was never a part of the of the South African Revenue Services (Sars) 'rogue unit'. She has labelled the article as "propaganda" which seeks to discredit her report.

Could a National Health Insurance Fund Be Just Months Away?

[Daily Maverick] The time for talk is over, said Zweli Mkhize in his first budget speech as health minister. But if you thought that Cabinet's approval of the National Health Insurance Bill was the end of discussions, here's why you're wrong, writes Laura Lopez Gonzalez for the Bhekisisa Centre for Health Journalism.

EFF, Zuma, Moyane - Desperate Measures for Desperate Times

[Daily Maverick] The EFF tries to physically prevent Pravin Gordhan from addressing Parliament; Tom Moyane takes to Twitter; a newspaper rehashes an old story about the SARS 'rogue unit'. What's going on?