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SAIT Trending Topics

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

DA180.01A.2 - Fuel Combustion (Non-Stationary) - 19 Dec 2019
DA180.01B.1 - Fugitive (Oil and Natural Gas) - 19 Dec 2019
BPR 338 Donations of money made to a public benefit organisation at a fundraising event

TAX CASES

XYZ CC v Commissioner of the South Africa Revenue Service (IT14157) [2019] ZATC 6 (7 November 2019)
ABC Company v Commissioner of the South African Revenue Services (14106) [2019] ZATC 7 (31 January 2019)
Taxpayer v Commissioner for the South African Revenue Services (13798; 13931; 14294) [2019] ZATC 5 (17 September 2019)

Legislative & Policy
(National Treasury & Parliament)

42725 27-9 NationalGovernment

Regulation Gazette No. 10177 Regulasiekoerant N.B. The Government Printing Works will not be held responsible for the quality of “Hard Copies” or “Electronic Files” submitted for publication purposes AIDS HELPLINE: 0800-0123-22 Prevention is the cure Government Gazette

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Esna Mostert
Media Statement - Republic of South Africa issues two new bonds in the International Capital Markets
Treasury
Media Statement - Confirmation of MTBPS date
Treasury

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

​15 November 2019



Next due date for comments :

SARS
​30 November 2019 New!



Next due date for comments :

SARS
​10 October 2019 New!



Next due date for comments :

SARS

International and Regional News
(OECD and ATAF)

Qatar deposits its instrument of ratification for the Multilateral BEPS Convention

Today, Qatar deposited its instrument of ratification for the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (BEPS) with the OECD’s Secretary-General, therewith underlining its strong commitment to prevent the abuse of tax treaties and BEPS by multinational enterprises. For Qatar, the MLI enters into force on 1 April 2020.

Jordan signs landmark agreement to strengthen its tax treaties

Jordan has today signed the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the Convention), becoming the 93rd jurisdiction to join the Convention, which now covers over 1,653 bilateral tax treaties.

Liechtenstein deposits its instrument of ratification for the Multilateral BEPS Convention

Today, Liechtenstein deposited its instrument of ratification for the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (BEPS) with the OECD’s Secretary-General, therewith underlining its strong commitment to prevent the abuse of tax treaties and BEPS by multinational enterprises. For Liechtenstein, the MLI enters into force on 1 April 2020.

CPD Events

PROFESSIONAL INSIGHT

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...

Legal professional privilege protection available to taxpayers too

In a litigious context, the doctrine of legal professional privilege provides that communications between an attorney and a client are protected from disclosure in litigious proceedings. The protection afforded to a litigant in terms of this doctrine is aimed at encouraging and protecting the full and honest disclosure of information by clients to their legal advisors when seeking legal advice, which is necessary for the proper functioning of the South African adversarial system of...

AUTHORS: Emil Brincker and Louise Kotze - Cliffe Dekker Hofmeyr

Tax News In The Press

TC - VAT 1390 - 14 June 2016
TC - VAT 2063 - 15 November 2019
The Tax Gap - Who Is to Blame and How Do We Fix It?

[Daily Maverick] There is a new sheriff in the SARS town, Edward Kieswetter, and in the foreseeable future the institution will be restored to its former glory. The Tax Gap is one of the first tasks they must tackle

20 December 2019 - Tax Statistics for 2019
Father and Son Sentenced for Multiple Counts of Tax Fraud

[SAPS] Free State -Norman Frederik Delport (61), Marius Delport (39), who are father and son, have been convicted and sentenced for defrauding the South African Revenue Service (SARS) in the Bloemfontein High Court on Tuesday, 10 December 2019.

Assault Trial Date Set for Former SARS Boss Tom Moyane

[News24Wire] Former South African Revenue Service commissioner Tom Moyane will have to wait until next year to be tried for the alleged assault of the mother of his grandchild.