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2019 - 18 01 2019

RING-FENCING OF ASSESSED LOSSES OF CERTAIN TRADES

Persons are generally allowed to set off any losses incurred in respect of one trade against the income derived from another trade, thereby reducing their overall tax liability.

2019 - 18 01 2019

SIMULATED TRANSACTIONS – IMPORTANT JUDGEMENT BY THE SCA

The Supreme Court of Appeal (SCA) handed down an important judgement on 9 November 2018 in the case of Sasol Oil v CSARS (923/2017) [2018] ZASCA 153 which deals with simulated transactions and anti-avoidance schemes.

2018 - 14 10 2018

FUTURE EXPENDITURE ON CONTRACTS – SECTION 24C OF THE INCOME TAX

Section 24C was included in the Income Tax Act as a relief measure to taxpayers. It is to deal with a situation where an anomaly would arise when income is received in one year and expenditure is incurred in the subsequent year. Absent section 24C, the income would be fully taxable in the year received without any deduction for future expenditure.

2018 - 14 10 2018

FIXED PENALTIES IMPOSED ON NON-COMPLIANCE WITH TRANSFER PRICING DOCUMENTATION

On 11 May 2018, the South African Revenue Service (“SARS”) published, by Government Gazette; “Incidences of non-compliance by a person in terms of Section 210(2) of the Tax Administration Act, 2011 (Act no. 28 of 2011) that are subject to a fixed amount penalty in accordance with Sections 210(1) and 211 of the Act.”

2018 - 14 10 2018

VENTURE CAPITAL COMPANIES (VCCs) - TAX INCENTIVE

Treasury is incentivising South African taxpayers to invest in the local economy, via a tax deduction on the investment amount, provided the investment is structured through an approved section 12J Venture Capital Company (“VCC”).

2018 - 30 08 2018

APPEAL

When SARS issued an assessment with which the taxpayer is not in agreement with, certain procedures must be followed to ensure that the assessment is correctly dealt with. We will elaborate on the different options and timeframes which a taxpayer must adhere to.

2018 - 30 08 2018

OBJECTION

When SARS issued an assessment with which the taxpayer is not in agreement with, certain procedures must be followed to ensure that the assessment is correctly dealt with. We will elaborate on the different options and timeframes which a taxpayer must adhere to.

2018 - 30 08 2018

REQUEST FOR REASONS

When SARS issued an assessment with which the taxpayer is not in agreement with, certain procedures must be followed to ensure that the assessment is correctly dealt with. We will elaborate on the different options and timeframes which a taxpayer must adhere to.

2018 - 25 07 2018

CLAIMING VAT INPUT CREDITS IN RESPECT OF SECOND-HAND GOODS ACQUIRED

In certain circumstances a VAT vendor may deduct a notional input tax credit in respect of “second-hand goods” acquired from non-vendors where no VAT is actually payable to the supplier.

2018 - 25 07 2018

CAN THE COURTS MAKE USE OF SARS INTERPRETATION NOTES IN INTERPRETING LEGISLATION?

In the recent case of Marshall N.O. and Others v Commissioner for the South African Revenue Service CCT208/17 [2018] ZACC 11 (25 April 2018), the Constitutional Court was required to consider the late filing of an application for leave to appeal against a judgement of the Supreme Court of Appeal (“SCA”). In making its determination, the Constitutional Court inter alia, considered the contention by the applicant that the Supreme Court of Appeal should not have relied on a SARS issued Interpretation Note in reaching its decision.

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