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How to avoid conflict when a trust founder dies
2023 - 2023-11-15

How to avoid conflict when a trust founder dies

Trusts remain integral to protecting and preserving assets and securing income for future generations of South Africans. 

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SARS Introduces document encryption to protect taxpayer confidentiality
2023 - 2023-09-27

SARS Introduces document encryption to protect taxpayer confidentiality

As from 28 August 2023, the South African Revenue Services (hereafter “SARS”) has embarked on a mission to protect documents with passwords in order to ensure that the intended recipient can access the information.

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Trust income vested in non-residents: proposed amendments
2023 - 2023-08-31

Trust income vested in non-residents: proposed amendments

In terms of current law, should trust income be vested in a discretionary beneficiary of such trust during the same year of assessment in which it is received by or accrues to the trust, the income flows through the trust as a conduit and is taxed in the hands of the beneficiary.

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At what point in time does a tax debt arise?
2023 - 2023-08-31

At what point in time does a tax debt arise?

In Henque 3935 CC t/a PQ Clothing Outlet (In Business Rescue) v C:SARS (High Court, Gauteng Division, Case No. 2020/35790), the court was required to consider this question.

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2023 - 2023-08-31

Delays in receiving tax refunds: Where to turn to and when to do so

The Office of the Tax Ombud (“the Tax Ombud”) identified certain root causes of the delayed payment of tax refunds as systemic issues and made recommendations to the South African Revenue Service (“SARS”) on how best to address this issue

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2023 - 2023-05-12

SARS additional disclosure requirements for tax clearance in respect of transferring funds abroad.

SARS has introduced an enhanced compliance system change in relation to the current tax clearance status (TCS) required for the transfer of funds by a taxpayer intending to make use of their foreign investment allowance (FIA) of up to R10 million per calendar year. It has been noted the effective date of this change is 24 April 2023.

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2023 - 2023-05-12

VAT registrations: SARS announces more stringent requirements with immediate effect

An important objective and design principle of SARS’s administrative platform is to balance the ease of VAT registration with the potential risk of abuse that this could give rise to: persons merely seeking to obtain a VAT number in order to claim fraudulent VAT refunds.

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2023 - 2023-04-21

Tax incentives for solar panels and renewable energy projects

On 21 April 2023, the National Treasury and SARS published the initial batch of draft legislation (Taxation Laws Amendment Bill) to give effect to the two renewable energy tax incentives, which were announced in the 2023 Budget.

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2023 - 2023-04-21

Commissioner for the South African Revenue Service v Medtronic International Trading S.A.R.L [2023] ZASCA 20 (“Medtronic case”)

On 18 June 2017, Medtronic International Trading (“the Taxpayer”) concluded a Voluntary Disclosure Programme (“VDP”) with the South African Revenue Services (“SARS”) as the result of fraudulent transactions of a former employee.

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2023 - 2023-04-21

Key changes to the dispute resolution rules.

Since the introduction of the Tax Administration Act (hereafter “TAA”) in 2011, the Dispute Resolution Rules have been very strictly applied by the South African Revenue Service (hereafter “SARS”).

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