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SAIT Trending Topics

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

Draft IN 16 (Issue 3) - Exemption from income tax - foreign employment income
Notice R1290 GG 42740 Rule under section 38 SACU UCR number
BPR 330 Distributions of dividends from a trust to beneficiaries on termination of employment

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 Advisory - Interacting with the Ministry of Finance
Treasury
Media statement - Minister Mboweni welcomes the Resignation of SASRIA Non-Executive Directors
Treasury
SAIT PIT and Employment Tax Work Group comments

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

​10 October 2019 New!



Next due date for comments :

SARS
11 October 2019



Next due date for comments :

SARS
​15 November 2019 New!



Next due date for comments :

SARS

International and Regional News
(OECD and ATAF)

OECD Tax Talks: Save the date and register now

With a number of important recent and upcoming developments in the OECD's international tax work, experts from the OECD's Centre for Tax Policy and Administration give the latest tax update.

OECD leading multilateral efforts to address tax challenges from digitalisation of the economy

Today the OECD Secretariat published a proposal to advance international negotiations to ensure large and highly profitable Multinational Enterprises, including digital companies, pay tax wherever they have significant consumer-facing activities and generate their profits.

OECD Secretary-General Tax Report to G20 Finance Ministers - October 2019

This report by the OECD Secretary-General provides an overview of the progress made by the OECD/G20 Inclusive Framework on BEPS in addressing the tax challenges of digitalisation and a brief update on the work on tax transparency.

CPD Events

PROFESSIONAL INSIGHT

Real Estate Focus – July 2019

In this edition, we provide updates on proposed reforms to residential leases;, a new register of overseas entities;, property taxes; and the effect of Brexit on leases.

Africa Tax Update: Quarterly Newsletter

On 30 May 2019, an important milestone in the history of Africa was reached when the Agreement establishing the Africa Continental Free Trade Area (AfCFTA) entered into force.
In this edition, our contributors look at the AfCFTA from two different angles.
Download the newsletter here
 
 
 
The post...

Femi Oke
PWC Synopsis June 2019

A monthly journal, published by PwC South Africa, that gives informed commentary on current developments in the tax arena, both locally and internationally.

PWC
South African Tax Court rules in favour of taxpayer in ‘most favoured nation’ test case

On 12 June 2019 the Cape Town Tax Court delivered its judgment in the dividends tax test case between ABC Pty Ltd (Taxpayer) and the South African Revenue Service (SARS). The case pertained to SARS’s refusal to refund dividends tax overpaid by the Taxpayer following the Taxpayer’s interpretation of the ‘most favoured nation’ provision (MFN clause) in the double taxation agreement (DTA) between South Africa (SA) and the Netherlands (SA/Netherlands DTA) (Dutch MFN clause), read with...

Mareli Treurnicht and Emil Brincker - Cliffe Dekker Hofmeyr
PWC Tax Alert - 2019 Tax Filing Season

On Friday, 28 June 2019 the SA Revenue Service (“SARS”) issued a public notice requiring taxpayers to submit their tax returns for the 2019 year of assessment. 

PWC
Video: Proposed gambling tax draft legislation

Louis Botha, Associate in the Tax & Exchange Control practice, joined eNCA to discuss the proposed gambling tax draft legislation that will be introduced during 2019.

Louis Botha - Cliffe Dekker Hofmeyr
PWC Tax Alert - Dutch “Most Favoured Nation Clause”: South African Tax Court finds in favour of taxpayer

The “most favoured nation clause” (or “MFN clause”) in the double taxation agreement between South Africa and the Netherlands (“the SA-Netherlands DTA”) has been the subject of a number of our Tax Alerts.

PWC
SARS issues binding class ruling regarding unbundling transaction

Section 46 of the Income Tax Act, No 58 of 1962 (Act) provides tax relief where a company (Unbundling Co) wishes to unbundle its shareholding in a subsidiary (Unbundled Co), to the company’s own shareholders. The Unbundling Co’s shareholders’ indirect shareholding in the Unbundled Co is converted to a direct shareholding, in proportion to their shareholding in the Unbundling Co.

Tsanga Mukumba and Louis Botha - Cliffe Dekker Hofmeyr
SARS AUDIT: HOW FAR BACK CAN THEY GO?

Imagine SARS is conducting an audit on a company for the most recent year of assessment. The company has a loan payable to a shareholder which originated in the 1980’s. SARS decides to extend the scope of the audit to the shareholder in order to establish whether the amount of money lent to the company in 1980 reflects/represents an after-tax amount, effectively resulting in an audit in respect of the 1981 year of assessment, some 38 years after the 1981 tax year ended. Can SARS extend its...

Tax News In The Press

Mboweni's Influence Put to the Test

[ISS] The next few weeks are crucial for South Africa's economy as Minister of Finance Tito Mboweni attempts to shape the message of his 30 October Medium-Term Budget Policy Statement.

Cape Town International Customs Official Arrested Over R10 000 Tax Duties Bribe

[News24Wire] A Cape Town International Airport customs officer has been arrested after allegedly organising a "secret" payoff from a man who had complained that tax duties on items he had brought back from his trip overseas were too high, police say.

Down the Rabbit Hole - Three Committees, Three Takes On Eskom

[Daily Maverick] As National Treasury told MPs of the 'dire' situation at Eskom, the public enterprises committee was reassured by the power utility that it had a plan. Parliament's public spending watchdog Scopa didn't quite agree after visiting Kusile and Medupi. Three committees, three takes.

Agrizzi Cross-Examination Postponed As Investigators Seek Bosasa Documents

[Daily Maverick] Armscor CEO Kevin Wakeford will have to wait to grill former Bosasa COO Angelo Agrizzi after his cross-examination was postponed at the State Capture Commission on Wednesday. Agrizzi claimed Wakeford received a tidy R100,000 for helping solve the company's tax troubles.

Quality of Oversight Suffers As Recesses Slash Parliamentary Calendar

[Daily Maverick] Weeks of recess have cut deep into Parliament's available time for legislation and oversight even for standing calendar items like the Medium-Term Budget Policy Statement (MTBPS). And Parliament is hurting as benches are depleted of institutional experience and know-how.

Mkhwebane Legal Saga - Judge Potterill Report Contradicts What Happened in Closed Meeting - Lawyer

[News24Wire] Lawyers representing former SA Revenue Service (SARS) deputy commissioner Ivan Pillay intend writing to North Gauteng Deputy Judge President Aubrey Ledwaba to draw his attention to a report that a judge was taken off a case involving the Public Protector because she had allegedly made disparaging remarks about the Public Protector in a judgment.