- High Court of South Africa, Western Cape Division | Lifman & 35 Others v C:SARS & 2 Others
- application to stay execution process commenced pursuant to taxes raised following the late filing of value-added tax and income tax returns, and an inquiry in terms of Part C of Chapter 5 of the Tax Administration Act, 2011 (the "TAA"), considered.
- whether ultra vires review by the South African Revenue Service ("SARS") of assessments issued to taxpayers, where the taxpayers had not availed themselves of any of the procedures provided for in the TAA to dispute the assessments, was only finalised when the taxpayers were informed of SARS' decision to revise the assessments or not, considered.
- whether exceptional circumstances were present to justify the stay of the execution process, considered.
- in respect of costs, whether the applicants could rely on their impression that a lawful review was in progress, considered.
- find a copy of this judgment here.
legislation and draft legislation
- draft 2019 Taxation Laws Amendment Bill
- National Treasury issued the draft Bill and explanatory memorandum for public comment.
- due date for comments: 25 June 2019
- ifind a copy of the draft Bill here, a copy of the explanatory memorandum here, and the media statement here.
- interpretation note 112 | section 18A: audit certificate
- section 18A (2B) and (2C) of the Income Tax Act, 1962
- this note provides guidance on the interpretation and application of section 18A(2B) and (2C) in relation to the audit certificate that must be obtained and retained in specified circumstances for section 18A receipts issued by an approved organisation or department.
- find a copy of the interpretation note here.
customs and excise
- tariff amendment Notice R.924 | Government Gazette 42529
- amendment to Part 1 of Schedule No. 1 by the substitution of tariff subheadings 1001.91 and 1001.99 as well as 1101.00.10, 1101.00.20, 1101.00.30 and 1101.00.90 to increase the rate of customs duty on wheat and wheaten flour from 67.51c/kg and 101.26c/kg to 95.80c/kg and 143.69c/kg respectively, in terms of the existing variable tariff formula – Minute 03/2019.
- find the notice here.
- rule amendment Notice R.925 | Government Gazette 42530
- amendment to the rules in terms of the Customs and Excise Act, 1964, relating to compulsory tariff determinations for wine.
- find the notice here.
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