Latest News Articles

Latest News

The history and subsequent fallout between SAIT an...

19 May 2023
Ethics and Governance

What gave rise to the fallout between SAIT and Tax Faculty?

17 May 2023
Tax Administration

Tax Penalties and Remission

08 May 2023
VAT

Safe VAT?

28 April 2023
Tax Administration

High Court declares the power to issue income tax exemptions through a gazette notice unconstitution...

21 April 2023
Tax Administration

Effective resolution of SARS’ requests for relevant material process

21 April 2023
Individuals Tax

The facts on expatriate tax and tax emigration in practice

21 April 2023
Tax Administration

Achieving success with requests for remission/reduction of tax penalties and interest in South Afric...

23 March 2023
Tax Administration

Deregistration of Tax Types

23 March 2023
Tax Administration

Tax Practitioner Connect Issue 40 (February 2023) | South African Revenue Service

23 March 2023
Individuals Tax

A different kind of melting pot? Implementation of the two-pot retirement system pushed to 2024

23 March 2023
Individuals Tax

SA trusts and non-resident beneficiaries: proposal to address tax avoidance

23 March 2023
International Tax

Amendments in relation to purported loopholes in foreign capital participation exemption

23 March 2023
International Tax

Post MLI Ratification – developments regarding pillar one and pillar two

23 March 2023
International Tax

The MLI comes into effect for South Africa

22 March 2023
Corporate Tax

A more equitable outcome for unbundling transactions

22 March 2023
Corporate Tax

Fine-tuning the debt forgiveness rules for dormant group companies

22 March 2023
Individuals Tax

Asset-for-share exchanges: Relief where anti-avoidance provisions bite

22 March 2023
Individuals Tax

Review of “qualifying purpose” in the context of third-party backed shares

22 March 2023
Individuals Tax

The lights are still not on, but someone has finally come home

22 March 2023
International Tax

South Africans working in Netherlands

22 March 2023
VAT

VAT output on payments received by medical practitioners/practices from Medical Aids

22 March 2023
Individuals Tax

Section (1)(o)(ii) - director and shareholder of the company

16 March 2023
Tax Administration

Dealing with tax return corrections and voluntary disclosure

11 March 2023
SARS Issues

On 3 March 2023, the Supreme Court of Appeal in C:SARS v Medtronic International Trading SARL [2023]...

The facts on expatriate tax and tax emigration in...

21 April 2023
Individuals Tax

The facts on expatriate tax and tax emigration in practice

23 March 2023
Individuals Tax

A different kind of melting pot? Implementation of the two-pot retirement system pushed to 2024

23 March 2023
Individuals Tax

SA trusts and non-resident beneficiaries: proposal to address tax avoidance

A more equitable outcome for unbundling transactio...

22 March 2023
Corporate Tax

A more equitable outcome for unbundling transactions

22 March 2023
Corporate Tax

Fine-tuning the debt forgiveness rules for dormant group companies

16 February 2023
Corporate Tax

Intra-group loans: Tax complexities

[FAQ] The VAT registration of a farming operation

25 January 2021
VAT Introduction & Registration

A taxpayer wants to register a farming operation for VAT.

13 January 2021
VAT Introduction & Registration

A company involved in the tourism and conservation industry has submitted nil VAT returns as there w...

Getting out what you put in…A recap on the deducti...

19 December 2019
VAT periods

Author: Varusha Moodaley

19 December 2019
VAT periods

Author: Jerome Brink

27 May 2021
VAT periods

Author: Gerhard Badenhorst

Weekly transfer pricing roundup – 19 June 2017

19 June 2017
Tax returns and payments

Author: Marcus

Deregistration as a VAT Vendor

27 May 2020
Deregistration

A sole proprietor performs services for clients abroad. More than 90% of the taxpayer’s revenue is d...

[FAQ] VAT and insurance claims received due to fra...

30 August 2021
VAT Output Tax

A taxpayer received an insurance claim. The loss incurred was due to fraudulent transactions perpetr...

17 March 2021
VAT Output Tax

A VAT registered trust bought two residential properties. No input tax was claimed on the purchase o...

02 March 2021
VAT Output Tax

Two companies are connected persons for VAT purposes. One company operates a guesthouse and the othe...

[FAQ] Is the sale of borehole water a zero-rated s...

03 August 2020
Zero Rated

Client “A” is a farmer who is a registered VAT vendor. His neighbour (Client “B”) is a poultry farme...

[FAQ] Input tax on the purchase of plastic from bi...

18 May 2021
VAT Input Tax

A taxpayer is a registered VAT vendor and has a business of recycling plastic. He buys the plastic f...

14 January 2021
VAT Input Tax

A client purchased a property for R5million. Two valuations were obtained on the property of which t...

06 November 2020
VAT Input Tax

When a new company registers for VAT can the company claim input tax on capital and standard rated p...

Value-added tax & transfer duty: Clarity or confus...

22 June 2020
Notional input tax

Where fixed property is purchased by a VAT vendor from a non-vendor, transfer duty is payable thereo...

VAT on imported services payable by non-registered...

05 June 2020
Input - Customs Duty

On 1 June 2020, the South African Revenue Service (SARS) issued an external guide titled ‘Manage Dec...

Employment tax COVID-19 chronicles: Employer-provi...

15 December 2020
Salaried Employees Fringe Benefits

Disaster Relief tax legislation provided relief in various areas of our tax and related legislation....

07 December 2020
Salaried Employees Fringe Benefits

A taxpayer owns a residential property and a husband and wife (non-related) run his business. The ta...

BPR 352 – Taxation of employees participating in a...

14 September 2020
Salaried Employees - Share plans

This ruling determines the tax consequences relating to the exercise of share options acquired by an...

Why the wait when you emigrate?

20 November 2020
International Tax for Individuals

When making a fresh start in a new country with no intention of returning to South Africa, a person...

10 September 2020
International Tax for Individuals

A taxpayer who is a South African tax resident and an academic doctor (he researches cultures), rece...

18 February 2020
International Tax for Individuals

This is the fifth in ATAF?s series of Technical Notes on the tax challenges arising in Africa from t...

Welcome clarity on the taxation of farmers in Sout...

07 October 2022
Farming - Individuals Tax

Welcome clarity on the taxation of farmers in South Africa?

17 February 2020
Farming - Individuals Tax

The Supreme Court of Appeal recently overturned a decision by the High Court. The impact of the deci...

[FAQ] The tax implication when cryptocurrency is s...

23 April 2021
Capital Gains Tax - Individuals Tax

It is stated that income on cryptocurrency that was mined will be taxed when income is received/accr...

Payment holiday for Skills Development Levy contri...

26 June 2020
Practical Payroll

The COVID-19 outbreak together with extended lockdown continues to have a negative impact on the cas...

12 June 2020
Practical Payroll

The taxpayer works as a tax practitioner at a company where they submit between 150 to 200 EMP501 re...

Tax consequences of day trips undertaken for busin...

18 December 2020
Salaried Employees - Specific Transactions

Qualifying subsistence allowances are excluded from taxable income in terms of section 8(1)(a)(ii) o...

Employees’ Tax

22 March 2022
Employer and Employee (PAYE and UIF Specific)

The Guide for Employers in respect of Employees Tax for 2023 has been updated to include the new tab...

17 November 2020
Employer and Employee (PAYE and UIF Specific)

Should benefits received from SAFT be included or excluded from the IRP5 and will these benefits rec...

Reimbursive travel allowance

30 April 2020
Travel allowance

Where an allowance or advance is based on the actual distance travelled by the employee for business...

Do bursaries to relatives of employees still hold...

17 March 2021
Income: Exempt Income

Sections 10(1)(q) and (qA) provide for an exemption when a qualifying bona fide bursary is provided...

[FAQ] Retirement Annuity Fund Contributions

28 July 2020
Contributions to retirement funds

Dr X closed his practice during the 2019 tax year. During the 2020 tax year he earned a salary. He h...

Public benefit organisations: Proposed new require...

08 December 2022
Donations to PBO's - Section 18A

Public benefit organisations: Proposed new requirements for section 18A receipts

Interpretation Note 18 (Issue 4) - Rebate and dedu...

26 June 2020
Section 6quat updated

This Note explains the scope, interpretation and application of section 6quat which provides for a r...

[FAQ] Rebates in the year a taxpayer ceases to be...

02 November 2020
Application of tax rates, s6(2) rebates

A taxpayer ceased to be a resident in South Africa and it came to his attention that SARS allows the...

Tax deductions for future expenses

05 August 2020
Specific and Prohibited Deductions

Taxpayers may deduct an allowance for certain future expenditure in terms of section 24C, despite no...

27 July 2020
Specific and Prohibited Deductions

On 21 July 2020, the Constitutional Court (CC) handed down judgment in Big G Restaurants (Pty) Ltd v...

22 July 2020
Specific and Prohibited Deductions

At issue is whether income derived from patrons of certain Spur and Panarottis restaurants is deduct...

[FAQ] Retirement lump sums and the applicable tax...

03 November 2020
Retirement Lump Sum Retirement Benefits

There was a retirement fund contribution amount carried forward per the taxpayer’s 2019 income tax a...

Planning ahead: SARS issues binding private ruling...

17 December 2020
Public Sector Pension Funds

On 22 November 2020, SARS issued Binding Private Ruling 355 (Ruling), regarding the taxation of amou...

Notices on Expanding Access to Living Annuity Fun...

01 June 2020
Annuities

The Notices on Expanding Access to Living Annuity Funds were gazetted on Monday 1 June 2020.

[FAQ] Capital Gains Tax

26 August 2020
Capital gains tax basic Tax

A non-resident (beneficiary and trustee) donates R10 million to a Trust in year one. The Trust uses...

[FAQ] What alternative is available if a taxpayer...

20 July 2020
Contextualising provisional tax

What alternative is available to the taxpayer in the event that the taxpayer reflects a lower taxabl...

[FAQ] Incentives in the form of gift cards

05 November 2020
Received by of accrued to

An employee receives incentives in the form of gift cards through the employer. Are these incentives...

[FAQ] Distributions received from a Trust

17 August 2020
Capital Nature

Trust Z is a registered Non Profit Organisation (NPO) and is also the main shareholder of Company K....

[FAQ] Is a South African resident who lives in the...

30 June 2020
Residents vs non residents

My client has lived in the UK for several years now. He received a directive from SARS for relief fr...

Public Benefit Organisations and the special tax d...

14 September 2020
Exempt taxpayers

The Minister of Finance recognised that, while South Africa is in a state of crisis, the tax system...

29 July 2020
Exempt taxpayers

This ruling determines the income tax consequences for a public benefit organisation resulting from...

Amendments in relation to purported loopholes in f...

23 March 2023
International Tax

Amendments in relation to purported loopholes in foreign capital participation exemption

23 March 2023
International Tax

Post MLI Ratification – developments regarding pillar one and pillar two

23 March 2023
International Tax

The MLI comes into effect for South Africa

Tax Penalties and Remission

17 May 2023
Tax Administration

Tax Penalties and Remission

28 April 2023
Tax Administration

High Court declares the power to issue income tax exemptions through a gazette notice unconstitution...

21 April 2023
Tax Administration

Effective resolution of SARS’ requests for relevant material process

Safe VAT?

08 May 2023
VAT

Safe VAT?

22 March 2023
VAT

VAT output on payments received by medical practitioners/practices from Medical Aids

14 December 2022
VAT

Binding General Ruling 62 – Value-added tax implications of securities lending arrangements

[FAQ] Retrospective application for a severance ta...

29 July 2021
Payroll

An employee received a lump sum when he left which was seen as a bonus payment. The employee left du...

23 June 2021
Payroll

Would a taxpayer be eligible to register his son under the business ETI or is he considered to be a...

26 May 2020
Payroll

UIF TERS benefits offer relief to employers who are not able to pay employees during the lockdown pe...

[FAQ] Deceased Estate Life Wrapped Investment Valu...

08 March 2023
Administration of Estates

Deceased Estate Life Wrapped Investment Value For Estate Duty

23 August 2021
Administration of Estates

What provision in the Transfer Duty Act deals with the applicability of transfer duty to a capital d...

21 January 2021
Administration of Estates

A number of groundbreaking cases have recently been decided (during the latter part of 2020) and are...

Customs and Excise Act: Rule amendment notice R189...

06 April 2022
Customs and Excise

The notice, as published in Government Gazette 46056, relates to the amendments to the rules publish...

06 April 2022
Customs and Excise

Customs: Prohibited and restricted goods list

06 April 2022
Customs and Excise

Excise tax is indirect duties, levies and taxes imposed on certain locally manufactured and imported...

2022 MTBPS: Generally good news, limited tax chang...

01 November 2022
Tax Update

2022 MTBPS: Generally good news, limited tax changes

17 December 2020
Tax Update

The National Treasury recently published a number of bills that contain the amendments to the tax la...

Dispute resolution - Is it time to settle?

12 August 2020
SARS Dispute Resolution

The settlement of a tax dispute is available to taxpayers in respect of which an assessment has been...

Determination of the daily amount in respect of me...

28 February 2020
Legislation

DETERMINATION OF THE DAILY AMOUNT IN RESPECT OF MEALS AND INCIDENTAL COSTS FOR PURPOSES OF SECTION 8...

28 February 2020
Legislation

FIXING OF RATE PER KILOMETRE IN RESPECT OF MOTOR VEHICLES FOR THE PURPOSES OF SECTION 8(1)(b)(ii) AN...

27 February 2020
Legislation

This ruling determines the income tax and donations tax consequences of a share buy-back at nominal...

General rules regarding interest deductibility

17 August 2020
Interest

In the current environment where there is a huge amount of debt being incurred by taxpayers it is us...

22 June 2020
Interest

This BGR sets out the rules to avoid double taxation when a deemed accrual of interest occurs under...

27 January 2020
Interest

Where a loan is obtained by an employee from his or her employer in terms of which no interest is pa...

Did the SCA get this right?

06 July 2020
Deductions Pre-trade and prepaid expenses

Section 23H of the Income Tax Act is a provision that is designed to spread prepayments made by taxp...

Proposed changes to Assessed loss provision

15 September 2021
Assessed losses

The 2021 Draft Laws Amendment Bill that was released in July 2021, has proposals to change section 2...

BGR 7 - Wear-and-tear or depreciation allowance

15 February 2021
Wear and tear allowances

This BGR reproduces the parts of Interpretation Note 47 (Issue 5) “Wear-and-Tear or Depreciation All...

[FAQ] The tax implication when shares are sold for...

26 August 2021
Capital Gains Tax

A Trust owns 100% of the ordinary shares in a company and charges R20 million to a potential purchas...

12 August 2021
Capital Gains Tax

A taxpayer is a director who wants to sell her shares to the remaining directors. The shares have a...

04 August 2021
Capital Gains Tax

Two companies are connected persons. Both companies waived the loan account between them. This was a...

BPR 347 - When the temporary setting aside of volu...

29 July 2020
Roll-Overs

This ruling determines whether the setting aside of a voluntary liquidation, by order of court, woul...

Goodbye to the “loop structure” prohibition

17 December 2020
Dividends Tax, STT & Return of Capital: Taxation of dividends

In its typical form, a so-called “loop structure” arises where a South African exchange control resi...

16 October 2020
Dividends Tax, STT & Return of Capital: Taxation of dividends

A South African company issued preference shares to its holding company in order to obtain cashflow...

BCR070 - Recipients of shares in an “unbundled” c...

14 September 2020
Dividends Tax, STT & Return of Capital: Securities transfer tax

This ruling determines tax consequences for the recipients of listed shares in a company, following...

29 July 2020
Dividends Tax, STT & Return of Capital: Securities transfer tax

This ruling determines securities transfer tax implications of the transfer of JSE listed shares by...

Share disposal between two employee share incentiv...

01 November 2022
Trusts

Share disposal between two employee share incentive trusts

01 November 2022
Trusts

Cession to special trust of the beneficiary’s loan account

30 August 2022
Trusts

Trusts Filing Season 2022

Guide to the Taxation of Special Trusts (Issue 3)

10 September 2020
Trust types and income allocations

The purpose of this guide is to assist users in gaining a more in-depth understanding of the taxatio...

BPR 350 – Vesting of a capital gain in a trust ben...

14 September 2020
Trust Income / Gain Allocations

This ruling determines the tax consequences of the vesting of a capital gain in a beneficiary, where...

The tax implications of medical expenses paid by a...

21 May 2020
Nature of the rights of beneficiaries

The trust, special trust or otherwise, cannot make a deduction of the medical expenditure incurred o...

Amendment to section 7C: Beware of preference divi...

19 November 2020
Tax implications of loans to trusts

With the introduction of section 7C, the interest saving arising on interest-free or low interest ra...

05 June 2020
Tax implications of loans to trusts

Trust A is a 100% shareholder of Company B. Trust C has a debit loan with Company B (no interest is...

Tax implications of terminating a trust

19 October 2020
Capital Gains Tax Implications of Trusts

A trust is terminated by the Master after all the trust property was vested and distributed to the b...

[FAQ] Provisional tax when the financial year-end...

19 August 2021
Provisional tax (Link with other Taxes)

A company changed its financial year-end from February to June. The change was made on 13 March 2021...

Deduction of donations made by employees to Solid...

26 June 2020
Income Tax Consequenses of Donations

In order to encourage donations to the Solidarity fund by employees through employers, the maximum m...

How should a Deceased Estate be administered?

20 August 2020
Deceased Estate

The administration of a deceased estate entails a regulatory process overseen by the Master of the H...

03 January 2013
Deceased Estate

Posted by: SAIT Technical

Estate duty dodge is just silly

11 June 2012
Estate Duty

Posted by: SAIT Technical

[FAQ] First provisional tax consequences for a tax...

02 September 2020
Contextualizing Provisional Tax

A taxpayer is working as a nurse on a cruise liner. Her taxable income for the 2019 year of assessme...

24 August 2020
Contextualizing Provisional Tax

A taxpayer has a basic amount of zero. The taxpayer’s current year of assessment (2021) has a profit...

Exposure to penalties while in an assessed loss po...

24 March 2021
Penalties and interest

Taxpayers who find themselves in a loss-making position often intuitively assume that as long as the...

BGR 54 - Unbundling of unlisted company: Impact of...

22 June 2020
Company Formations

This BGR provides clarity on what constitutes an unbundling transaction when an unbundling company h...

The mechanics of asset-for-share transactions

06 October 2020
Asset-for-share transactions

Section 42 of the Income Tax Act provides roll-over relief for asset-for-share transactions. Taxpaye...

01 July 2020
Asset-for-share transactions

This binding private ruling is published with the consent of the applicant(s) to whichit has been is...

Tax implications resulting from the elimination of...

17 July 2020
Intra-group transactions

This ruling determines the income tax and dividends tax consequences of the redemption of intra-grou...

Unbundling Transactions: Latest Amendments

14 December 2020
Unbundling transactions

The Taxation Laws Amendment Bill, 2020 was passed by the National Assembly on 17 November. One of th...

01 July 2020
Unbundling transactions

This binding class ruling is published with the consent of the applicant(s) to which it has been iss...

Restructuring and business rescue options availabl...

13 August 2020
Liquidations, winding-up and deregistration

When a company enters a phase of financial distress, the board of directors must meet on a regular b...

Binding Private Ruling 344 - Transfer of listed fi...

05 June 2020
Collective Investment Schemes

This ruling determines tax consequences of a transfer of listed financial instruments to collective...

BPR 349 – Acquisition of equity shares in non-resi...

14 September 2020
REIT Distributions

This ruling determines the income tax and dividends tax consequences of property income distribution...

New proposal for required documents when ceasing t...

30 September 2021
Tax residence

There has been a proposal that has been issued with new document requirements for taxpayers who wish...

[FAQ] Basis of registration as a VAT vendor

28 October 2020
Accounting for VAT

A taxpayer is experiencing long delays in receiving payment from clients, especially government depa...

Deferred tax assets for tax losses

20 August 2020
Deferred tax assets and deferred tax on equity

Entities that have tax losses are likely to find themselves in a position where they have to conside...

[FAQ] What remedies are available to a taxpayer as...

24 July 2020
Tax Administration Part 2B: Resolving Problems with SARS using the Tax Ombud

A taxpayer has lodged and objection with SARS. The objection was accepted, but SARS did not comply w...

22 July 2020
Tax Administration Part 2B: Resolving Problems with SARS using the Tax Ombud

VAT returns submitted and paid through eFiling reflect on the taxpayer's work page. However, the ret...

The journey to advance your tax career

21 October 2020
World of Tax

There are three main areas of practice in a tax career, namely SARS compliance, advisory and litigat...

New Tax Dispute Resolution Rules (Effective 10 Mar...

11 March 2023
Tax Administration Part 3B Dispute Resolution - Objection and appeal

The Minister of Finance approved new dispute resolution rules under the Tax Administration Act, 2011...

[FAQ] Exports from Zimbabwe to China

10 September 2021
Cross-border

Company A, tax and VAT registered in South Africa, is facilitating a sale of chrome out of Zimbabwe...

[FAQ] Home office expenses

21 October 2020
Case study: Home office expense

A company has staff that have been working from home during COVID19. In total, there are 3 working d...

COVID-19 tax considerations

11 December 2020
Debt restructuring and corporate reorganisations full series

Wearing masks, constantly sanitizing your hands, not walking or sitting too close to others, not bei...

Notice of Annual General Meeting of The Tax Facult...

15 December 2021
Faculty News

Notice is hereby given that the Annual General Meeting (“AGM”) of members of THE TAX FACULTY NPC (“T...

Why should you personalise your tax practice?

27 September 2022
Blogs

In this article, we'll show you why personalisation is so important and how you can start incorporat...

27 September 2022
Blogs

If you are looking for the most convenient and cost-effective way to kickstart your career in tax or...

29 August 2022
Blogs

In this ultimate student guide, we will discuss five reasons why you should learn accounting and bo...

SARS Must Comply with its Interpretation Notes: Co...

11 March 2023
SARS Issues

On 3 March 2023, the Supreme Court of Appeal in C:SARS v Medtronic International Trading SARL [2023]...

The history and subsequent fallout between SAIT an...

19 May 2023
Ethics and Governance

What gave rise to the fallout between SAIT and Tax Faculty?

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Input - Customs Duty News

Salaried Employees Fringe Benefits News

Salaried Employees - Share plans News

International Tax for Individuals News

Farming - Individuals Tax News

Capital Gains Tax - Individuals Tax News

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Income: Exempt Income News

Contributions to retirement funds News

Donations to PBO's - Section 18A News

Section 6quat updated News

Application of tax rates, s6(2) rebates News

Specific and Prohibited Deductions News

Retirement Lump Sum Retirement Benefits News

Public Sector Pension Funds News

Annuities News

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