South Africa’s recent Grey Listing by the global financial watchdog, Financial Action Task Force (FATF), has forced government to introduce new measures to ensure the country improves its image in combating money laundering and financial crimes. To this end, amendments were made to the Trust Property Control Act, which require trustees to:

The Office of the Tax Ombud (“OTO”) notes that a systemic issue is a matter that can be regarded as the underlying cause of a complaint that impacts or may impact many taxpayers. These issues can arise due to the manner in which SARS systems function, the manner in which SARS drafts and implements policies or procedures, or the manner in which it applies or disregards legislation.

It is no secret that revenue authorities take a keen interest in the unexplained wealth of individuals. In some instances, for example, where wealth is prominently displayed on social media, it may be relatively easy for the South African Revenue Service (“SARS”) to gather information regarding unexplained wealth – as appears to be the case in CSARS v Hamiltonn Holdings (Pty) Ltd and Others (Case No. 2020/35696) where the High Court noted as follows

In the recent case of Rennies Travel v CSARS (20/2021) [2022] ZASCA 83 (6 June 2022), the Supreme Court of Appeal (“SCA”) was required to consider whether a certain commission derived by Rennies Travel, an entity conducting a travel agency enterprise, was subject to VAT at the standard rate or, alternatively, at a zero rate.