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

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


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Wenco International Mining Systems Ltd and Another...

Value-added tax; sections 1(1), and section 11(2)(k) and (o); whether VAT Ruling issued by Commissio...


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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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Do bursaries to relatives of employees still hold...

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


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[FAQ] VAT implications of a change from a resident...

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


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[FAQ] Capital Gains Tax on the sale of shares

A taxpayer is a South African citizen. He is a shareholder of a company in the UK, along with 10 oth...


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An interesting development for VDP applicants as w...

Of late, the Voluntary Disclosure Programme (‘VDP’) legislation in Chapter 16 of the Tax Administrat...


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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 issue of shares as payment for debt

South African Company A paid a supplier for goods delivered directly to Company B(based in Singapore...


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[FAQ] VAT registration of a Homeowners Association

Is a Homeowners Association (“HOA”) obliged to register as a VAT vendor if it sells electricity to i...


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[FAQ] Commercial accommodation exceeding 28 days

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


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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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Medtronic International Trading S.A.R.L vs CSARS

Value Added Tax: Whether the provisions of the voluntary disclosure agreement prohibit a request for...


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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] The tax implications of software development...

A taxpayer created a piece of software to help him in his current business operation. It was not mea...


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[FAQ] Rebates and refunds of the fuel and road acc...

A taxpayer operated a coal mine on behalf of the mining right owner. The taxpayer has been denied a...


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BGR 7 - ​Wear-and-tear or depreciation allowance

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


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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] Change in use adjustments on developed prope...

A property developer developed a property consisting of 6 units. Input tax was claimed on the develo...


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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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Another VAT Hurdle

On 18 December 2020, the Supreme Court of Appeal (‘SCA’) handed down its judgment in the matter of C...


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