case law
- The Tax Court of South
Africa, Cape Town | IT 24819
- whether insufficiency of funds was not reasonably foreseeable, and therefore constitutes reasonable grounds for non-payment of employees tax, considered.
- correct interpretation of the number of days for payment of employees tax considered as a point in limine.
- find a copy of this judgment here.
legislation and draft legislation
- The 2019 Amendment Acts were
promulgated on 15 January 2020
- find a copy of the final response document on the 2019 Draft Tax Bills here.
- Taxation Laws Amendment Act, 2019
- Tax Administration Laws
Amendment Act, 2019
- find a copy of the Act here.
- Rates and Monetary Amounts
and Amendment of Revenue Laws Act, 2019
- find a copy of the Act here.
advance tax rulings
- binding general ruling 9
(Issue 4) | taxes on income and substantially similar taxes for
purposes of South Africa's tax treaties
- this ruling identifies the taxes administered by SARS which, in its opinion, constitute taxes on income or substantially similar taxes for purposes of South Africa's tax treaties.
- find a copy of this ruling here.
- binding private ruling 337 |
amalgamation transactions involving the assumption of liabilities
only
- section 44 of the Act.
- this ruling determines the income tax effect of an amalgamation transaction for consideration involving the assumption of liabilities only.
- find a copy of this ruling here.
- binding private ruling 338 |
donations of money made to a public benefit organisation at a
fundraising event
- this ruling determines the tax treatment of payments made to the applicant, a public benefit organisation, approved under section 30 of the Act, at a fundraising event.
- find a copy of this ruling here.
SARS publications
- Interpretation Note 16 (Issue
3) – Exemption from income tax: Foreign employment
income
- this note discusses the interpretation and application of the foreign employment remuneration exemption in section 10(1)(o)(ii) of the Act.
- find a copy of the document here.
- Interpretation Note 67 (Issue
4) – Connected Persons
- this note provides guidance on the interpretation and application of the definition of "connected person" in section 1(1) of the Act.
- find a copy of the document here.
international
- OECD | Statement by the
OECD/G20 Inclusive Framework on BEPS on the TwoPillar Approach to
Address the Tax Challenges Arising from the Digitalisation of the
Economy
- participants in the Inclusive Framework agreed to pursue the negotiation of new nexus rules and profit allocation rules on the basis of a "Unified Approach" under Pillar One, to ensure that multinational enterprises conducting sustained and significant business in places where they may not have a physical presence can be taxed in such jurisdictions.
- the Unified Approach agreed by the Inclusive Framework draws heavily on the Unified Approach released by the OECD Secretariat in October 2019.
- find a copy of the statement here.
- OECD | OECD releases
consultation document on the review of Country-byCountry Reporting
and invites public input
- the Inclusive Framework released a consultation document seeking input in respect of BEPS Action 13, and the scope and content of country-by-country reporting in particular.
- find a copy of the document here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.