case law
- Supreme Court of Appeal | Africa Cash and Carry (Pty) Ltd v CSARS
- whether SARS was entitled to defend assessments by contending for a materially different tax liability to that reflected in the assessments, in the absence of revised assessments or a valid concession of the appeal, in whole or in part, considered.
- the scope of the tax court's power to alter assessments in terms of section 129 of the Tax Administration Act, 2011, considered.
- whether SARS had discharged the burden of proving the reasonableness of assessments effectively revised by the tax court, considered.
- whether interest in terms of section 89quat of the Income Tax Act, 1962 ought to have been remitted, considered.
- find a copy of this judgment here.
legislation and draft legislation
- no new legislation or draft legislation noted.
advance tax rulings
- binding private ruling 334 | waiver of loan claims by the settlor of a trust
- sections 54, 55, and 64(1)(a) of the Income Tax Act, 1962 (the "Act").
- paragraphs 12A, 20(3)(b), 39, and 56 of the Eighth Schedule to the Act.
- this ruling determines the income tax and donations tax treatment of the waiver of loans owing to the settlor by a trust.
- find a copy of this ruling here.
SARS publications
- Guide to the Taxation of Special Trusts (issue 2)
- find a copy of the guide here.
exchange control
- no new exchange control circulars noted
customs and excise
- Customs and Excise Act, 1964 | tariff amendment notice R.1514 in Government Gazette 42850
- amendment to Part 1 of Schedule No. 1, to implement changes to the rates of customs duties in terms of the Economic Partnership Agreement between the European Union and the Southern African Development Community EPA States for 2020 and other miscellaneous amendments.
- implementation date: 1 January 2020.
- find a copy of the notice here.
- Customs and Excise Act, 1964 | tariff amendment notice R.1515 in Government Gazette 42850
- amendment to General Note G to Schedule No. 1, to insert the abbreviation and symbol "CO2e" to mean CO2 equivalent as well as amend note G. 47 to read as ton/tonne in the abbreviation to align with the wording in the Carbon Tax Act
- implementation date: 1 January 2020.
- find a copy of the notice here.
- Customs and Excise Act, 1964 | tariff amendment notice R.1516 in Government Gazette 42850
- amendment to Part 1 of Schedule No. 1, in terms of technical and other miscellaneous amendments.
- implementation date: 1 January 2020.
- find a copy of the notice here.
- Customs and Excise Act, 1964 | tariff amendment notice R.1517 in Government Gazette 42850
- amendment to Additional Notes to Chapter 11 by the substitution of Note 1(a) and Note 1(b) in Chapter 11 of section II to Part 1 of Schedule No. 1 as a consequence to the statement issued by the President of South Africa on 29 May 2019 regarding the merging of Government Departments.
- implementation date: 1 January 2020.
- find a copy of the notice here.
Customs and Excise Act, 1964 | tariff amendment notice R.1518 in Government Gazette 42850 o amendment to Note 5 in Schedule No. 4, in order to substitute the reference to form DA 331 to form TC-01 which refers to a traveller card used at ports of entry to declare personal and household effects. o implementation date: 1 January 2020.
o find a copy of the notice here. Customs and Excise Act, 1964 | tariff amendment notice R.1519 in Government
Gazette 42850 o amendment to Part 1 of Schedule No. 4, by the substitution of item 409.00 as a consequence to the statement issued by the President of South Africa on 29 May 2019 regarding the merging of Government departments resulting in the Department of Agriculture, Forestry and Fisheries to be changed to Department of Agriculture, Land Reform and Rural Development. o implementation date: 1 January 2020. o find a copy of the notice here.
Customs and Excise Act, 1964 | tariff amendment notice R.1520 in Government Gazette 42850 o amendment to Part 3 of Schedule No. 5, in order to delete refund items 537.00 and 537.02/87.00/01.02, as they were applicable to MIDP up to and including 31 December 2018. They have now become redundant. o implementation date: 1 January 2020. o find a copy of the notice here.
Customs and Excise Act, 1964 | tariff amendment notice R.1521 in Government Gazette 42850 o amendment to Part 3 Schedule No. 6, by the deletion of rebate items 672.01, 672.01/105.10/01.01 and 672.01/105.10/02.01, as they have become redundant. o implementation date: 1 January 2020. o find a copy of the notice here.
Customs and Excise Act, 1964 | tariff amendment notice R.1522 in Government Gazette 42850 o amendment to Part 2 of Schedule No. 4, by the substitution of various items as a consequence to the statement issued by the President of South Africa on 29 May 2019 regarding the merging of Government departments resulting in the Department of Agriculture, Forestry and Fisheries to be changed to Department of Agriculture, Land Reform and Rural Development. o implementation date: 1 January 2020. o find a copy of the notice here.
Customs and Excise Act, 1964 | tariff amendment notice R.1523 in Government Gazette 42850 o amendment to Part 1 of Schedule No. 1, by the substitution of tariff subheading 8517.62.20, in order to exclude two-way radios from ad valorem excise duties, o implementation date: 1 April 2018. o find a copy of the notice here.
Customs and Excise Act, 1964 | tariff amendment notice R.1524 in Government Gazette 42850 o amendment to Part 2B of Schedule No. 1, by the substitution of item 124.37.11, in order to exclude two-way radios from ad valorem excise duties o implementation date: 1 April 2018. o find a copy of the notice here.
Customs and Excise Act, 1964 | explanatory memorandum to amendments to schedules
o explanatory memorandum to the amendments to Schedules No. 1, 4, 5 and 6 of the Customs and Excise Act No. 91 of 1964, to implement changes to the rates of customs duties in terms of the Economic Partnership Agreement between the European Union and the Southern African Development Community EPA States for 2020 and other miscellaneous amendments.
o find a copy of the memo here.
international
OECD | OECD secretariat invites public input on the Global Anti-Base Erosion (GloBE) Proposal under Pillar Two o in May 2019, the OECD/G20 Inclusive Framework on BEPS (Inclusive Framework) agreed a Programme of Work for Addressing the Tax Challenges of the Digitalisation of the Economy. o find a copy of the public consultation document here.
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