case law

  • The Tax Court of South Africa, Gauteng Local Division, Johannesburg | IT 14434/2019
    • whether the Appellant was entitled to a deduction for an allowance in respect of its commercial property to which the Appellant was entitled in previous years of assessment in a subsequent year of assessment provided that the allowance was not claimed in previous years, in terms of section 13quin of the Income Tax Act (the "Act"), considered.
    • the approach to interpretation of "clear and plain" provisions, considered.
    • the purpose of the deeming provision in section 13quin(3) of the Act, considered
    • find a copy of this here.

legislation and draft legislation

  • no new legislation/draft legislation noted

advance tax rulings

  • binding class ruling 069 | employee share ownership plan
    • sections 1(1) definition of "dividend"; 8C; 10(1)(k)(i); 11(a); 23(g); and 23H of the Income Tax Act, 1962 (the "Act").
    • paragraphs 13(1)(a)(iiB) and 38 of the Eighth Schedule to the Act. o this ruling determines the income tax consequences for the applicant, employer companies, employees of the employer companies and the trusts through which employee share schemes will be implemented.
    • find a copy of this ruling here.

SARS publications

  • summary of all agreements for the avoidance of double taxation
    • this document provides an overview of the status South Africa's Covered Tax Agreements under the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting, as well as the status on all of South Africa's Double Taxation Agreements and Protocols, as of 14 October 2019.
    • find a copy of the document here.
  • Frequently Asked Questions: Foreign Employment Income Exemption (issue 2)
    • an amendment to section 10(1)(o)(ii) of the Income Tax Act, 1962 has been promulgated and will come into effect on 1 March 2020. The Frequently Asked Questions in this document have been compiled on the basis of questions that employees, employers, and the public at large have about the implications of the amendment.
    • find a copy of the FAQs here.

exchange control

  • no new exchange control circulars noted

customs and excise

  • Customs and Excise Act, 1964 | tariff amendment notice R.1346 in Government Gazette 42773 
    • amendment to Part 1 of Schedule No. 1, by the substitution of tariff subheadings 1701.12, 1701.13, 1701.14, 1701.91, and 1701.99, to increase the rate of customs duty on sugar from 401.79c/kg to 476.61c/kg in terms of the existing variable tariff formula Minute M08/2019.
    • implementation date: 18 October 2019.
    • find a copy of the notice here.
  • Customs and Excise Act, 1964 | tariff amendment notice R.1347 in Government Gazette 42773
    • amendment to Part 2 of Schedule No. 4, by the insertion of rebate items 460.05/2712.10.20/01.08; 460.07/3916.90.90/01.08; 460.15/72.17/01.04; 460.16/8544.70/01.06 and 460.18/9001.10/01.06, in order to provide for a rebate on certain input material used in the manufacture of optical fibre cables and optical ground wire cables ITAC Report 603.
    • implementation date: 18 October 2019.
    • find a copy of the notice here.
  • Customs and Excise Act, 1964 | tariff amendment notice R.1383 in Government Gazette 42789
    • 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 66.47/kg and 99.71c/kg to 100.86c/kg and 151.29c/kg respectively, in terms of the existing variable tariff formula Minute 09/2019.
    • implementation date: 25 October 2019.
    • find a copy of the notice here.

international

  • OECD | OECD releases sixth round of BEPS Action 14 peer review reports on improving tax dispute resolution mechanisms
    • each report assesses a country's efforts to implement the Action 14 minimum standard (Mutual Agreement Procedure) as agreed to under the OECD/G20 BEPS Project.
    • the reports of Argentina, Chile, Colombia, Croatia, India, Latvia, Lithuania and South Africa contain over 230 targeted recommendations that will be followed up in stage 2 of the peer review process.
    • find the media release here and a copy of the report on South Africa here.
  • OECD | Public consultation meeting on the Secretariat Proposal for a "Unified Approach" under Pillar One
    • as part of the ongoing work of the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting, the OECD is seeking public comments on the Secretariat Proposal for a "Unified Approach" under Pillar One. This public consultation meeting will focus on the key questions identified in the consultation document and issues raised in the written submissions received as part of the consultation process.
    • find a copy of the public consultation document on the proposed "unified approach" under Pillar One here.