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Individuals Tax News

[FAQ] Section 6B tax credits for an individual tha...

A taxpayer is over 65 years old and is not a member of medical aid/ hospital plan. Can an individual...


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[FAQ] Section (10)(1)(o) where medical treatment i...

A taxpayer is on sick leave and receives treatment outside South Africa and is therefore out of the...


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[FAQ] The South African tax implications of foreig...

A non-resident (USA resident) has been living with his life partner, who is in South Africa.He is re...


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[FAQ] Foreign donations received for missionary wo...

The taxpayer is a South African missionary who receives foreign donations in excess of R2 million a...


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[FAQ] Distributions from a Trust when married in c...

A taxpayer is married in community of property. Would the distributions received from a trust (capit...


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[FAQ] The applicable exchange rates when competing...

A South African taxpayer works in Mozambique and the salary and benefits he earns are paid in Mozamb...


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[FAQ] Tax residency for an individual living in Gu...

A taxpayer left South Africa and moved to Guernsey on 1 March 2020. He has not formally emigrated, b...


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[FAQ] The tax treatment of a loan owing to a conne...

A company has an outstanding loan owing to a connected person(an individual). The company is in the...


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[FAQ] The distribution of property income between...

A married couple bought a property for the purpose of renting it out together. The husband is on a h...


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[FAQ] Exemption of remuneration earned by the crew...

A South African resident is employed by a company to charter guests on an international yacht. Will...


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[FAQ] Voluntary severance package & 10% shareholdi...

A taxpayer, who is a director holding 10% shareholding in a company, also received a voluntary sever...


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[FAQ] Assets disposed of in foreign currency

If a taxpayer has money overseas and bring it back to South Africa, will he/she be taxed on exchange...


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[FAQ] Business travel for a sales representative

A taxpayer operates mainly from her home office as a sales rep where she travels to and from recurri...


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[FAQ] Gap cover and medical scheme tax credits

The taxpayer belongs to a medical aid. During 2020 he received refunds from his gap cover. He wants...


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[FAQ] Bursaries to a director’s relatives

A taxpayer, who is also a director, employed his daughter to work for the company. Can he offer he...


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[FAQ] How to treat finder’s fees in the hands of t...

A company pays an employee a R10 000 “finder’s fee” if the company recruits an individual that was r...


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[FAQ] Non-resident and the vesting of equity instr...

A taxpayer was employed by a South African company and subsequently transferred to the company's UK...


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[FAQ] Income tax on commission earned

A taxpayer earns an average monthly commission of R30,000 and also has commission related expenses....


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[FAQ] Travel allowance on a rented vehicle

A taxpayer received a travel allowance under code 3701. He doesn't own a car but rents a car under a...


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Medical aid and retirement annuity payments made o...

A couple is married in community of property. The husband is the main member of the medical aid and...


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[FAQ] Capital Gains Tax on a primary residence whe...

Two taxpayers are married out of community of property and their primary residence is registered in...


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[FAQ] Research and development not approved by the...

A company does research and development. No approval has been obtained from the Minister of Science...


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[FAQ] Right of use of motor vehicle for office and...

The individuals who are not office-bound are not taxed on the use of company vehicles, but the offic...


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[FAQ] The ITR12 in the year a taxpayer ceases to b...

The date the individual ceased being a resident of the RSA must be disclosed in the ITR12


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The audit process – recent case law and the taxpay...

The recent case of Carte Blanche Marketing CC and Others v Commissioner for the South African Revenu...


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[FAQ] Property financed by a taxpayer but register...

A taxpayer purchased a property to renovate and resell. This property was financed by the taxpayer b...


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[FAQ] Foreign income and the applicable tax rate

If a taxpayer is working abroad and has received income in excess of R1.25million, what will the tax...


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BPR 354 – Cash grants to an employee incentive tru...

While income tax legislation and accounting standards generally operate independently of each other,...


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[FAQ] Amounts refunded to employers

A taxpayer was paid a bonus of R525 000. He signed a contract stating that he must meet certain requ...


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Broadening the scope of application: tax laws reac...

The use of cryptocurrencies and other crypto assets are becoming increasingly popular, especially in...


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Deducting Home Study Expenditure

Many employees will be wanting to deduct, for tax purposes, expenses relating to the use of a part o...


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Tax treatment of losses incurred during lockdown

In this alert we take a look at the effect that the national lockdown may have on expenditure or los...


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Fowler (Respondent) v Commissioner for Her Majesty...

Mr Martin Fowler is a qualified diver who is resident in the Republic of South Africa. During the 20...


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Covid-19 Tax Measures FAQ's

Disaster Management Tax Relief FAQ’s for Employees’ Tax, ETI and Provisional Tax


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Provisional Tax Exemption (Paragraph 19 of the Fou...

An additional proviso (ii) to paragraph 19(1)(a) of the Fourth Schedule was inserted to the Act prov...


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Foreign Employment Tax Exemption (Section 10(1)(o)...

Remuneration in respect of services rendered outside the Republic for or on behalf of any employer i...


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Interpretation Note 113 - Apportionment of surplus...

This Note provides clarity on the tax treatment of the actuarial surplus allocations/distributions m...


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Unforeseen tax impact in amendments to articles of...

Authors: Joon Chong & Daniel Kirk-Cohen


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Loan funding to offshore trusts: the interaction...

Author: Hannelie La Grange


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Debt Forgiveness & CGT

Posted by: SAIT Technical


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Enjoyment Versus Profit is the Key to Being a Coll...

Author: David Warneke


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Primary Residence Exclusion

Author: ENS


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SA’s rich ‘likely to bear brunt of expected tax i...

Author: Ntsakisi Maswanganyi


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I’m not putting my money into tax-free savings ac...

Author: Matthew Lester


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Correction of CGT treatment when a trust grants e...

Author: Dan Foster


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Tax Transparency – the Common Reporting Standard:...

Author: BDO South Africa


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Vendor beware: capital gains tax on instalment sal...

Author: Ben Strauss


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Exchange control – update regarding post SVDP regu...

Author: Louis Botha


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Tax consequences of the part waiver of a loan

Authors: Heinrich Louw, Gigi Nyanin & Mark Morgan


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Condonation for the late filing of an appeal

Author: Gigi Nyanin


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Tax Court pronounces on the capital gains tax rule...

Author: Jerome Brink


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When should SARS condone a late appeal?

Author: Nico Theron


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Tax consequences of waiver of contractual rights

Author: Ben Strauss


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“I missed the SVDP deadline … What do I do now?”

Authors: Louis Botha and others


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When proceeds accrue

Author: Heinrich Louw


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Immigration, emigration and exchange control: What...

Author: Louis Botha


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Bargaining councils offered reprieve over neglecte...

Author: Amanda Visser


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What are the tax and exchange control implications...

Authors: Robert Gad and others


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The countdown begins for retirement funds to comp...

Authors: Leigh Sedice and Sajeel Bhagwanjee


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Buying a house and paying transfer duty – Separate...

Author: Louis Botha


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Deductibility of legal expenses

Author: Gigi Nyanin


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Fiscal Pressure - Tax hikes are not the solution

Author: Joon Chong and others


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Consecutive asset-for-share transactions

Author: Ben Strauss


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Tax break for employees on voluntary retrenchment...

Author: Webber Wentzel


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Jumping fences: Section 20A of the Income Tax Act...

Authors: Louis Botha and Louise Kotze


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PWC Tax Alert: Travel Reimbursements

Authors: Barry Knoetze & Kerry Aylward


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Common misconceptions: Tax treatment of directors...

Author: Leani Nortje


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E-filing and Submission of Tax Returns

Author: Dr Beric Croome


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Revised debt reduction rules

Author: Annalie Pinch


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Under the radar: Today one tax rate, tomorrow anot...

Authors: Louis Botha and Heinrich Louw


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Tax non-compliance status may be inaccurate

Authors: Joon Chong, Nina Keyser and others


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Potential amendments affecting foreign trusts hold...

Author: Joon Chong


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Treasury includes cryptocurrency in draft tax leg...

Author: Cliffe Dekker Hofmeyr


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Treasury clarifies the clogged-loss rules

Author: Jessica Carr


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Far-reaching proposed changes to the taxation of...

Authors: Jenny Klein and Sheryl Kunaka


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Reassurance for taxpayers seeking debt relief

Author: Jerome Brink


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Cruel accrual? An important judgment for taxpayer...

Authors: Louis Botha and Heinrich Louw


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Investing abroad? The foreign investment allowanc...

Author : Louis Botha


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South African Tax Court rules in favour of taxpay...

Authors: Mareli Treurnicht and Emil Brincker (Cliffe Dekker Hofmeyr)


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South African Tax Court rules in favour of taxpay...

Authors: Mareli Treurnicht and Emil Brincker (Cliffe Dekker Hofmeyr)


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