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No Looking Back For Section 13sex Of The Income Tax Act
Section 13sex of the Act now provides for a 5% depreciation allowance per annum over 20 years, and applies only to new and unused residential units or improvements.
26 Sep 2016
Taxation Of Trusts Revisited
The Davis Tax Committee's First Interim Report on Estate Duty was released for public comment on 13 July 2015.
4 Aug 2015
Tax Court Rules On Creation Of Permanent Establishment In South Africa
The taxpayer contended that it is necessary that a permanent establishment be created first under Article 5(1) and only once that has occurred, is it then necessary to take account of the provisions of Article 5(2)(k) of the DTA.
29 Jul 2015
Tax Consequences Of Foreign Companies Rendering Services In South Africa
In the case of X LLC, case number 13276 heard in February 2015, as yet unreported, the Tax Court had to determine whether X had created a permanent establishment in South Africa, and was liable to tax in South Africa.
9 Jun 2015
Procedures Governing Objections And Appeals
Under section 96(2) of the TAA, the Commissioner is obliged to supply the taxpayer with the grounds of the assessment so that the taxpayer can understand the basis on which the assessment has been issued.
15 Apr 2015
Tax Clearance Certificates Issued By The South African Revenue Service
The Tax Administration Act 28 of 2011 ("the TAA") which took effect on 1 October 2012 contained provisions regulating the issue of tax clearance certificates by the South African Revenue Service (‘SARS’).
11 Mar 2015
Effect Of Taking Professional Advice On Imposition Of Understatement Penalties And Interest
The court came to the conclusion that the taxpayer's reliance on the advice received was reasonable and therefore directed that the Commissioner should waive the section 89quat interest in full.
10 Feb 2015
The Thin Capitalisation Provisions Of Section 23M And Further Amendments Proposed Thereto
In line with pronouncements by the OECD relating to the Base Erosion and Profit Shifting Project, section 23M was introduced by the Taxation Laws Amendment Act, 31 of 2013.
26 Nov 2014
Western Cape High Court Rules On Purpose Of Preservation Orders
The TAA provides that a preservation order may be granted if required to secure the collection of tax.
25 Nov 2014
Taxability Of Amounts Received For Information Supplied
NBC News had agreed to pay the family of the late Reeva Steenkamp, the woman killed by Oscar Pistorius, for its co-operation in a series of interviews.
16 Oct 2014
New Tax Dispute Resolutions Promulgated
The new rules governing objections and appeals were promulgated under section 103 of the Tax Administration Act No. 28 of 2011.
17 Sep 2014
The Supreme Court Of Appeal Admonishes The South African Revenue Service
Under the general provisions of the TAA a taxpayer bears the onus that an amount is not subject to tax or that a deduction claimed is deductible for tax purposes.
28 Aug 2014
Employment Tax Incentive - Accounting And Income Tax Treatment
It is no hidden secret that unemployment in South Africa remains considerably high.
25 Jul 2014
Should The South African Revenue Service Adopt A Taxpayer Bill Of Rights?
A Taxpayers’ Charter setting out the rights and obligations of taxpayers in South Africa was published for the first time during 1997.
16 Jul 2014
Single Registration: Will It Reorganise The Disorganised?
The South African Revenue Service introduced a new streamlined process primarily geared towards the single registration of a taxpayer across applicable tax types.
10 Jul 2014
Preservation Orders And The Tax Administration Act
Prior to the Tax Administration Act No. 28 of 2011, the Commissioner: South African Revenue Service was required to apply for a preservation order under the common law.
19 Jun 2014
The Liability Of Shareholders For The Tax Debts Of A Company
It has a long been a principle of company law that the debts of a company are not the debts of its shareholders.
23 May 2014
Nowhere To Hide
The Convention on Mutual Administrative Assistance in Tax Matters was published in the Government Gazette.
19 May 2014
Deductibility Of Audit Fees
The Supreme Court of Appeal delivered judgment in the case of Commissioner for the South African Revenue Service v Mobile Telephone Networks Holdings Ltd.
16 Apr 2014
VAT Registration Of Foreign Online Suppliers Not Limited To Supplies Of E-Books
The levying of tolls for the use of certain highways in Gauteng, the so called e-tolls, took effect on 3 December 2013.
27 Feb 2014