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ENSafrica tax in brief
issue 42 | 2020-02
issue 42 | a snapshot of the latest tax developments in South Africa.
The Tax Court of South Africa, Cape Town | IT 24819 o
- whether insufficiency of funds was not reasonably foreseeable, and therefore constitutes reasonable grounds for non-payment of employees tax, considered.
- o correct interpretation of the number of days for payment of employees tax considered as a point in limine. o find a copy of this judgment here.
legislation and draft legislation
The 2019 Amendment Acts were promulgated on 15 January 2020 o find a copy of the final response document on the 2019 Draft Tax Bills here.
Taxation Laws Amendment Act, 2019 o find a copy of the Act here. o find a copy of the explanatory memorandum on the Taxation Laws Amendment Bill, 2019 here.
Tax Administration Laws Amendment Act, 2019 o find a copy of the Act here.
Rates and Monetary Amounts and Amendment of Revenue Laws Act, 2019 o 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 o 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. o find a copy of this ruling here.
binding private ruling 337 | amalgamation transactions involving the assumption of liabilities only
o section 44 of the Act. o this ruling determines the income tax effect of an amalgamation transaction
for consideration involving the assumption of liabilities only. o find a copy of this ruling here. binding private ruling 338 | donations of money made to a public benefit organisation at a fundraising event o 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. o find a copy of this ruling here.
Interpretation Note 16 (Issue 3) Exemption from income tax: Foreign employment income o this note discusses the interpretation and application of the foreign employment remuneration exemption in section 10(1)(o)(ii) of the Act. o find a copy of the document here.
Interpretation Note 67 (Issue 4) Connected Persons o this note provides guidance on the interpretation and application of the definition of "connected person" in section 1(1) of the Act. o find a copy of the document here.
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 o 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. o the Unified Approach agreed by the Inclusive Framework draws heavily on the Unified Approach released by the OECD Secretariat in October 2019. o find a copy of the statement here.
OECD | OECD releases consultation document on the review of Country-byCountry Reporting and invites public input o 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. o find a copy of the document here.
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