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Implications of ConCourt ruling for all loyalty programme providers
Implications of ConCourt ruling for all loyalty programme providers

The Constitutional Court recently handed down judgment on the Clicks Retailers (Pty) Ltd v CSARS case, which has wide ramifications for all loyalty programme providers...

By Joon Chong 7 Jun 2021

Taxpayers retain the right to privacy - ConCourt
Taxpayers retain the right to privacy - ConCourt

The Tax Administration Act requires Sars officials to preserve the secrecy of taxpayer information. In the Public Protector v CSARS, the Constitutional Court had to decide whether the Public Protector's subpoena powers trumped those of Sars obligations to keep taxpayers' information secret...

By Graeme Palmer 25 Jan 2021

Albertus Marais
#BizTrends2021: 'Wealth tax' unlikely to be government policy in near future as pressure on tax base mounts

Looking back at 2020, the most significant development on the tax front must certainly have been government's tax relief measures aimed at helping businesses mitigate the impact of the Covid-19 pandemic...

By Albertus Marais 6 Jan 2021

Graeme Palmer, director, commercial department, Garlicke & Bousfield
Challenging Sars' decision to audit

The South African Revenue Service (Sars) is empowered by section 40 of the Tax Administration Act, 2011 (TAA) to select a taxpayer for audit...

By Graeme Palmer 26 Oct 2020

Why VDP applications really must be 'voluntary'
Why VDP applications really must be 'voluntary'

Voluntary Disclosure Programme (VDP) applications have been a permanent part of our law since 2012. The essence of a VDP application is that a taxpayer is incentivised to disclose to Sars a tax default by being granted some relief from the consequences of their default...

By Graeme Palmer 18 Sep 2020

Deductions available for commission earners
Deductions available for commission earners

Commission earners could make an argument to Sars that they should be allowed to deduct their normal range of business expenses, even if commission is no longer more than 50% of their total remuneration under the exceptional circumstances of the Covid-19 pandemic...

By Joon Chong 22 Jul 2020

Tax judgments are no ordinary judgments
Tax judgments are no ordinary judgments

While a tax judgment may have all the effects of a judgment, it is not a judgment in the ordinary sense, but rather an enforcement mechanism for the recovery of tax...

By Graeme Palmer 20 Jul 2020

Can Sars deduct tax debts from your bank account?
Can Sars deduct tax debts from your bank account?

Section 179 of the Tax Administration Act, 2011 allows the South African Revenue Service (Sars) to issue a notice to a person who holds or owes money, including a pension, salary, wage or other remuneration, for or to a taxpayer, requiring the person to pay the money to Sars in satisfaction of the taxpayer's outstanding tax debt.

By Graeme Palmer 22 Jun 2020

TERS payments are exempt from PAYE
TERS payments are exempt from PAYE

Businesses registered with the Unemployment Insurance Fund (UIF) that are suffering financial distress as a direct result of the Covid-19 pandemic qualify to receive financial relief from the Temporary Employee / Employer Relief Scheme...

By Graeme Palmer 25 May 2020

Review of excessive debt financing rules
Review of excessive debt financing rules

Tax is an important factor when a business decides whether to use debt or equity financing...

By Graeme Palmer 25 Mar 2020

Lessons from Al Capone on taxpayers' rights to confidentiality
Lessons from Al Capone on taxpayers' rights to confidentiality

Al Capone, the infamous American mobster, was convicted of tax evasion as it was easier for the US Attorney General to secure a conviction for tax offences than comply with the evidentiary requirements of his other crimes. But what right does the South African taxpayer have for the information disclosed to Sars to be kept confidential?

By Graeme Palmer 24 Feb 2020

Image source: Getty/Gallo
Caution: Sars wants its share of your Xmas gift from your employer

It's that time of year when many South African companies give their employees festive season gifts to thank them for their service...

By Yolandi Esterhuizen 11 Dec 2019

Donations tax - determining the threshold
Donations tax - determining the threshold

Subject to any applicable exemption, donations tax is payable on the value of any property disposed of under any donation...

By Graeme Palmer 26 Nov 2019

Expat tax exemptions: No double taxation
Expat tax exemptions: No double taxation

On 1 March 2020, an amendment to the foreign employment income exemption comes into operation. There have been misperceptions about those expatriates that will be affected by this change to the tax law...

By Graeme Palmer 18 Oct 2019

Is this the end of NRV for closing stock?
Is this the end of NRV for closing stock?

The Supreme Court of Appeal (SCA) has for the second time in CSARS v Atlas Copco South Africa (Pty) Ltd, confirmed that the net realisable value (NRV) method is not a suitable method to value closing stock for income tax purposes...

By Joon Chong 14 Oct 2019

When do consultancy services become a taxable fringe benefit?
When do consultancy services become a taxable fringe benefit?

The Supreme Court of Appeal recently had to decide whether tax consultants contracted by BMW South Africa to facilitate the tax compliance of the company's expatriate employees constituted a taxable fringe benefit for the employee...

By Graeme Palmer 23 Sep 2019

Image source: Gallo/Getty
Non-profit companies: get your PBO application right

There are tax benefits for registering a non-profit organisation as a public benefit organisation (PBO) with the South African Revenue Service (SARS), whether such organisation is a non-profit company, trust or association...

By Graeme Palmer 28 Jun 2019

#BizTrends2019: 6 trends in fintech and its regulation
#BizTrends2019: 6 trends in fintech and its regulation

The South African financial sector has been waiting with bated breath for South Africa's financial regulators to map the way forward and we expect this guidance to be forthcoming early in 2019...

By David Geral 9 Jan 2019

Tax invoice corrections and the Admin Laws Amendment Bill
Tax invoice corrections and the Admin Laws Amendment Bill

To err is human and mistakes are sometimes made on tax invoices. The draft Administration Laws Amendment Bill, 2018 proposes the inclusion of a new section 20(1B) dealing with errors to tax invoices...

By Graeme Palmer 23 Oct 2018

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

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

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