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  • SARS Introduces document encryption to protect taxpayer confidentiality

    As from 28 August 2023, the South African Revenue Services (hereafter “SARS”) has embarked on a mission to protect documents with passwords in order to ensure that the intended recipient can access the information.

  • At what point in time does a tax debt arise?

    In Henque 3935 CC t/a PQ Clothing Outlet (In Business Rescue) v C:SARS (High Court, Gauteng Division, Case No. 2020/35790), the court was required to consider this question.

  • Delays in receiving tax refunds: Where to turn to and when to do so

    The Office of the Tax Ombud (“the Tax Ombud”) identified certain root causes of the delayed payment of tax refunds as systemic issues and made recommendations to the South African Revenue Service (“SARS”) on how best to address this issue.

  • Trust income vested in non-residents: proposed amendments

    In terms of current law, should trust income be vested in a discretionary beneficiary of such trust during the same year of assessment in which it is received by or accrues to the trust, the income flows through the trust as a conduit and is taxed in the hands of the beneficiary.

  • SARS additional disclosure requirements for tax clearance in respect of transferring funds abroad

    SARS has introduced an enhanced compliance system change in relation to the current tax clearance status (TCS) required for the transfer of funds by a taxpayer intending to make use of their foreign investment allowance (FIA) of up to R10 million per calendar year.

  • VAT registrations: SARS announces more stringent requirements with immediate effect

    An important objective and design principle of SARS’s administrative platform is to balance the ease of VAT registration with the potential risk of abuse that this could give rise to: persons merely seeking to obtain a VAT number in order to claim fraudulent VAT refunds.

  • Commissioner for the South African Revenue Service v Medtronic International Trading S.A.R.L [2023] ZASCA 20 (“Medtronic case”)

    On 18 June 2017, Medtronic International Trading (“the Taxpayer”) concluded a Voluntary Disclosure Programme (“VDP”) with the South African Revenue Services (“SARS”) as the result of fraudulent transactions of a former employee.

  • Key changes to the dispute resolution rules

    Since the introduction of the Tax Administration Act (hereafter “TAA”) in 2011, the Dispute Resolution Rules have been very strictly applied by the South African Revenue Service (hereafter “SARS”).

  • Tax incentives for solar panels and renewable energy projects

    A new section 6C of the Income Tax Act 58 of 1962 (the Act) is proposed to be introduced, which provision is proposed to allow individual taxpayers to claim a rebate to the value of 25% of the cost of new and unused solar photovoltaic (PV) panels (which are brought into use for the first time from 1 March 2023 to 1…

  • April Tax Alert

    South Africa’s recent Grey Listing by the global financial watchdog, Financial Action Task Force (FATF), has forced government to introduce new measures to ensure the country improves its image in combating money laundering and financial crimes.

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