Home

SAIT Trending Topics

FEATURED EVENT: 2019 eFiling Workshop

This interactive workshop will have a presentation component that will cover eFiling and e@syFile. Each product presentation will close with a Q&A session.

Tax Conference

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

Media statement re the 2019 Budget Draft Tax Bills for public comment - 21 JULY 2019
2019 Memo on Objects of 2019 Draft TALAB - 21 July 2019
2019 Draft Tax Administration Laws Amendment Bill - 21 July2019

TAX CASES

Mark Roy Lifman,The Close Corporations, Companies and Trusts vs C:SARS (Case Number: 22820/2016)

This is an application to stay the execution process commenced pursuant to taxes raised following the late filing of VAT and tax returns, and a section 50 enquiry - Tax Administration Act, 28 of 2011.

SAFLII
Benhaus Mining (Pty) Ltd v CSARS - 22 March 2019

A company that excavates ground and digs up mineral-bearing ore for a fee on delivery to another entity that processes the ore, undertakes mining operations within the meaning of ss 1 and 15(a) of the Income Tax Act 58 of 1968. It is thus entitled to claim deductions of the full amount of capital expenditure on mining equipment in the tax year in which it is incurred, in terms of s 36(7C) of the Act

SARS Court Cases
ABC Company v The Commissioner of SARS (IT 14106) (31 January 2019)

Whether the taxpayer was entitled to be a PBO and be allowed a tax exemption in terms of section 10(1).

SARS Court Cases

Legislative & Policy
(National Treasury & Parliament)

2019 Budget Draft Tax Bills for public comment
Treasury
Budget Vote Speech by Deputy Minister of Finance Mr David Masondo
Treasury
Budget Vote Speech by Minister of Finance Mr Tito Mboweni
Treasury

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

​16 August 2019



Next due date for comments :

SARS
​23 August 2019 New!



Next due date for comments :

SARS
​16 August 2019 New!



Next due date for comments :

SARS

International and Regional News
(OECD and ATAF)

Media Advisory - Release of OECD Revenue Statistics in Asian and Pacific Economies 2019

The sixth edition of the tax policy publication Revenue Statistics in Asian and Pacific Economies will be launched on Wednesday 24, July 2019. The report provides an overview of the main taxation trends from 1990 to 2017 in 17 countries, including Vanuatu for the first time.

OECD invites taxpayer input on ninth batch of dispute resolution peer reviews

The OECD is now gathering input for the Stage 1 peer reviews of Andorra, Anguilla, Bahamas, Bermuda, British Virgin Islands, Cayman Islands, Faroe Islands, Macau (China), Morocco and Tunisia, and invites taxpayers to submit input on specific MAP-related issues by 12 August 2019.

OECD and Brazil share outcomes of project to align Brazil's transfer pricing rules to OECD standard

The OECD and Brazil’s Receita Federal (RFB) issued a joint statement at the high-level event held on 11 July 2019 in Brasília, Brazil, to present the outcomes of the 15-month work programme carried out by OECD jointly with RFB.

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
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
A (quin)tessential consideration for the commercial property sector: Section 13quin of the Income Tax Act

Recently, the South African Property Owners Association (SAPOA) released its Office Vacancy Report for the first quarter of 2019. According to one of the key findings of the report, there has been a quarter on quarter decline in SAPOA’s assessment of the square meterage of commercial property under development from 559,000 sqm to 404,000 sqm.

AUTHORS:Tsanga Mukumba and Louis Botha -Cliffe Dekker Hofmeyr

Tax News In The Press

Media statement re the 2019 Budget Draft Tax Bills for public comment - 21 JULY 2019
2019 Draft Tax Administration Laws Amendment Bill - 21 July2019
Malema Is Leading a Cult and Is Only Concerned With 'Self-Gratification' - Ex-Deputy Finance Minister

[News24Wire] Former deputy minister of finance Mondli Gungubele has inferred that EFF leader Julius Malema is leading a cult, and claims the EFF leader's only consistent position is self-gratification.

Carbon Tax Matters - for the Economy and Tackling Climate Change

[The Conversation Africa] Carbon tax is likely to be an effective way of mitigating greenhouse gas emissions, which lead to climate change and have negative consequences for human life. But the carbon tax that's been introduced in South Africa could cost jobs, unless people acquire skills that can be used in sectors that are not carbon-intensive.

PP vs Pillay and Gordhan - Ramaphosa Enters the Legal Fray

[Daily Maverick] President Cyril Ramaphosa on Monday 15 July, filed an urgent high court application against the public protector regarding her attempt to force him to implement remedial action in line with her report into the early pension payout to Ivan Pillay, the former deputy SARS commissioner.

Sisulu to Ask Treasury for Fast-Track Probe Into Her Leaky Water Dept

[News24Wire] Human Settlements, Water and Sanitation Minister Lindiwe Sisulu will approach the National Treasury to investigate alleged corruption and mismanagement at the beleaguered department.