Our monthly SARS and Tax Update will bring you up to speed with ongoing South African tax environment developments. This month, Prof Jackie Arendse will be highlighting:
Case law:
SCA: CSARS v Absa Bank Ltd and Another SCA 29 Sept 23 - GAAR provisions in ss 80A – 80L of the Income Tax Act, 1962; and s 105 of the Tax Administration Act, 2011.
Constitutional Court:
Sasol Chevron Holdings Limited v CSARS (CCT 149/22) [2023] ZACC 30 (3 October 2023) - Promotion of Administrative Justice Act 3 of 2000 (PAJA) – delay in instituting application for review – s 7(1) of PAJA – 180-day period – leave to appeal refused.
Nu Africa Duty-Free Shops (Pty) Ltd v Minister of Finance and Others; CSARS v Ambassador Duty-Free (Pty) Ltd and Others; Minister of Finance v Ambassador Duty-Free (Pty) Ltd and Others (CCT 29/22; CCT 57/22; CCT 58/22) [2023] ZACC 31 (3 October 2023) - Customs and Excise Act 91 of 1964; Value-Added Tax Act 89 of 1991 – Constitutionality of s 75(15)(a)(i)(bb) of the Customs Act and s 74(3)(a) of the VAT Act; s 77 of the Constitution; setting aside of assessments.
Tax foundations:
The principles of deductibility of interest – how is s 24J applied; what is the role of s 11; how did Practice Note 31 apply; and what is the way forward with the proposed amendment introducing s 11G?
SARS documents and notices:
Basic Guide to Section 18A Approval (Issue 5
Interpretation Note 51 (Issue 6) – Pre-trade expenditure and losses.
And any other new developments that arise.
Competencies developed in this video
Updated with important and current changes in tax legislation and SARS practice.
Competent in applying the key aspects of new SARS documents published (i.e. binding rulings, interpretation notes, SARS guides/notices, etc.)
Competent in advising clients about the impact of the latest tax amendments on their tax compliance and planning opportunities.
Able to train your staff to prepare SARS-compliant tax returns considering the latest amendments and SARS practice.
Informed about topics to include in a client communique to alert your clients about recent developments impacting their tax compliance and planning opportunities.
Competent in revising the tax planning strategy of clients.