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When does prescription start to run against Sars?
When does prescription start to run against Sars?

There are periods of limitations for issuing assessments which are set out in section 99 of the Tax Administration Act 28 of 2011 ("TAA")...

By Graeme Palmer 27 Jun 2018

Joon Chong
Urgent reinstatement of tax compliance status granted

For certain taxpayers, a tax clearance certificate is of utmost importance in ensuring that it is able to receive payment and to tender for new services...

By Joon Chong, Issued by Webber Wentzel 21 Jun 2018

Joon Chong
Overlap in treatment of dividend

Section 1 of the Income Tax Act (ITA) defines a "dividend" to be any amount transferred by a resident company for the benefit of any person in respect of any share in that company whether by way of a distribution or consideration for a share repurchase but does not exclude a reduction of contributed tax capital of the company...

By Joon Chong, Issued by Webber Wentzel 25 May 2018

Judgment a tax victory for car manufacturers
Judgment a tax victory for car manufacturers

A recent Supreme Court of Appeal judgment has provided much needed clarity that Productive Asset Allowance certificate amounts granted to automotive manufacturers are capital in nature as their purpose is to incentivise capital investments...

By Joon Chong 26 Jan 2018

How do you pay tax on cryptocurrencies?
How do you pay tax on cryptocurrencies?

Cryptocurrencies are completely unregulated, and although not regarded as legal tender, there are no laws preventing them being used as payment...

By Graeme Palmer 30 Oct 2017

Which business start-up costs are tax deductible?
Which business start-up costs are tax deductible?

SARS has provided further guidance on when pre-trade expenditure may be deducted for the purpose of determining taxable income...

By Graeme Palmer 27 Sep 2017

When is tax payable on sale of property?
When is tax payable on sale of property?

The Tax Court in M v the Commissioner for SARS recently addressed the question of when does income accrue to a taxpayer from the sale of immovable properties in the course of its trade...

By Graeme Palmer 27 Jun 2017

Sugar wars: Coke faces first salvo in US false advertising lawsuit
Sugar wars: Coke faces first salvo in US false advertising lawsuit

Coca-Cola's claims that their SSBs are not linked to obesity, diabetes and cardiovascular disease will be tested in a lawsuit...

By Sharon Snell 9 Jan 2017

Is interest owed on incorrectly calculated penalties?
Is interest owed on incorrectly calculated penalties?

On 21 October 2016, judgment was handed down by the Pretoria High Court in the matter of BMW South Africa v The Commissioner of the South African Revenue Service (SARS)...

By Heinrich Louw 21 Nov 2016

How to tax cellphones in the workplace
How to tax cellphones in the workplace

The use and ownership of mobile devices and computers in the workplace brings a range of implications for payroll calculations, as well as the employee's take-home pay...

By Rob Cooper 20 Sep 2016

U-turn on withholding tax on foreign service fees
U-turn on withholding tax on foreign service fees

Tax authorities have over the years introduced various withholding taxes to make it easier to collect tax from foreigners...

By Graeme Palmer 22 Aug 2016

New draft rules for foreign employment income tax exemption
New draft rules for foreign employment income tax exemption

SARS recently issued a new draft Interpretation Note 16 on the requirements to qualify for a tax exemption on foreign employment income...

By Graeme Palmer 24 Jun 2016

Taxing foreign sport players, entertainers
Taxing foreign sport players, entertainers

Sections of the Income Tax Act provides for the taxation of foreign sportspersons, such as the professional athletes competing in races like the up-coming Comrades...

By Graeme Palmer 24 May 2016

Treasury calls for public comments on special voluntary disclosure programme
Treasury calls for public comments on special voluntary disclosure programme

On 12 April 2016, the National Treasury released a media statement in which the public is requested to make formal submissions on draft legislation that sets out the legal framework of the special voluntary disclosure programme (VDP) by 29 April 2016...

By Heinrich Louw 18 Apr 2016

Judgement on VAT treatment of student accommodation
Judgement on VAT treatment of student accommodation

In a recent, unreported case, the High Court (Gauteng Division, Pretoria) Respublica v Commissioner for the South African Revenue Service ruled on the value-added tax (VAT) treatment of the lease of a building to a university for purposes of student accommodation...

By Heinrich Louw 29 Mar 2016

Beware the interest free shareholder loan
Beware the interest free shareholder loan

Companies often lend funds to their shareholders, for a variety of reasons, and are often referred to as debit loans. However, if a loan is made to a shareholder at a low interest rate or interest free, it may trigger dividends tax...

By Graeme Palmer 1 Mar 2016

Five budget speech highlights you may have missed
Five budget speech highlights you may have missed

Finance Minister Pravin Gordhan did an admirable job of balancing South Africa's books in his 2016 Budget, by providing a sound framework for the next year...

By Rob Cooper 29 Feb 2016

Court rules that SARS must present all the facts in preservation orders
Court rules that SARS must present all the facts in preservation orders

In The Commissioner for the South African Revenue Service v Sunflower Distributors CC and Others, the court had to decide whether a provisional preservation order granted in favour of the South African Revenue Service (SARS) should be made final.

By Heinrich Louw 3 Feb 2016

Retirement reforms in best interest of employees
Retirement reforms in best interest of employees

Payroll administrators need to start preparing their business systems, processes and workforces for the implementation of the National Treasury's long-awaited retirement reforms...

By Rob Cooper 2 Feb 2016

Estate duty implications for non-resident investors
Estate duty implications for non-resident investors

A new SARS Ruling, Binding Private Ruling 217 deals with the estate duty implications for non-resident individual investors - the key issue being how certain sections of the Estate Duty Act (EDA) would apply...

By Heinrich Louw 28 Jan 2016

Review of 2015 tax amendments
Review of 2015 tax amendments

The President has not yet signed the Taxation Laws Amendment Act, 2015 and the Tax Administration Laws Amendment Act, 2015, both passed by Parliament, but the number and scope of the changes to the various fiscal Acts (mainly the Income Tax Act, 1962 [the Act] and the Value-Added Tax Act, 1991) are relatively limited...

By Ernest Mazansky 17 Dec 2015

Draft Carbon Tax Bill up for comment
Draft Carbon Tax Bill up for comment

The Treasury has published the Draft Carbon Tax Bill for public comment by 15 December 2015...

By Graeme Palmer 9 Dec 2015

Graeme Palmer
SARS ruling on payment of shareholder's loan from proceeds of a new share issue

In the recent Binding Private Ruling 208, the South African Revenue Service (SARS) considered the tax consequences of a repayment of a shareholder's loan from the proceeds of a new share issue by a company...

By Graeme Palmer 11 Nov 2015

Who should run the courts?
Who should run the courts?

Lady Justice is supposed to be blind, but the wheels of justice still need to turn smoothly and she still needs to pay the bills...

By Nicci Botha 2 Nov 2015

SARS releases another ruling on capitalisation of shareholder loans
SARS releases another ruling on capitalisation of shareholder loans

The South African Revenue Service (SARS) has released a ruling concerned the use of subscription proceeds to repay a shareholder loan...

By Heinrich Louw 13 Oct 2015

Has Employment Tax Incentive created jobs?
Has Employment Tax Incentive created jobs?

Now that South Africa is just over halfway through the current legal life of the Employment Tax Incentive (ETI), it is opportune to consider whether the legislation has met its goal of creating new jobs...

By Rob Cooper 14 Sep 2015

Graeme Palmer
Understanding tax debt prescription

A tax debt is defined in the Tax Administration Act, 2011 (the TAA) as an amount of tax due or payable in terms of a tax Act and, like any other debt, can prescribe. Once a tax debt prescribes, the South African Revenue Service (SARS) can no longer recover it...

By Graeme Palmer 4 Sep 2015

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