This case is an appeal to the Tax Court dealing with an understatement penalty imposed by SARS. The taxpayer applied for absolution in order for the case to be dismissed on the basis that SARS had not discharged its burden of proof. However, absolution was not allowed and merits of the understatement penalty were analysed.
This case is an appeal in respect of an additional assessment raised by SARS against the taxpayer. This follows the decision by SARS to disallow income tax deductions in respect of amounts which the taxpayer contends it incurred in relation to employee accrued leave, accrued bonus pay, notice pay and severance pay liabilities.
Recently introduced legislation makes provision for SARS to determine the effective rate of tax in respect of the combined employment and/or pension sources of income of a taxpayer, with reference to the latest data available to SARS, and to provide that rate to the retirement fund administrators for purposes of withholding PAYE.
The list of countries that have a current International Agreement in place with South Africa, but do not have a Qualifying Competent Authority Agreement in place for purposes of Article 2(2) of the regulations specifying the Country-by-Country Reporting Standard, has been updated.
The latest Tax Practitioner newsletter (issue 28) has been published and deals with a few topics including the dispute process and dispute resolution process applying to PAYE penalties, the sentencing of an Oakbay director to 10 years direct imprisonment and the attachment of the Tswaing Municipality’s assets due to tax bills.
A document seeking to provide a high-level model and draft legislative framework for an advance pricing agreement (“APA”) unit, associated processes at SARS, and the introduction of an APA programme in South Africa, has been published for public comment.
The third respondent in this case had her assets frozen by SARS to cover her and others’ tax liabilities. She claimed in her affidavit that she was an innocent third party and further that the amount frozen relating to her assets exceeded the liability. The Court found that section 163 of the Tax Administration Act should be interpreted widely as per the established precedent. The provisional order...
SARS has published a summary of the key collection dates taxpayers should take note of in the 2022 calendar year.
SARS has published guidance regarding the responsibility of employers in the case of the death of an employee, having regard to the Fourth Schedule to the Income Tax Act 58 of 1962.
The Government Connect newsletter (issue 1) has been published and is a new monthly newsletter intended to improve communication with the government segment through regular updates. It will enable sharing of information on developments within SARS with the aim of empowering and supporting government to achieve and promote voluntary compliance.
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