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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.
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.
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
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.
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.
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.
