Tax

Despite the promising initiatives implemented under the South African Revenue Service’s (SARS) acting Commissioner Mark Kingon, its tribulations in meeting its collection targets have not yet waned, with payroll audits falling under its enhanced collection efforts to make up the shortfall.

It was clear going into this Medium Term Budget Policy Statement (MTBPS) that is was going to be much tougher than previous years, simply because economic growth and tax revenues are so much worse than had been forecast.

Tito Mboweni, South Africa's newly appointed Finance Minister, delivered his maiden Medium Term Budget Policy Statement (MTBPS) to Parliament by starting his address with the words, "South Africa finds itself at a crossroads."

With the wave of anti-South African Revenue Service (SARS) sentiment currently washing over South Africa, paying historical value-added tax (VAT) may be a hard pill to swallow. This has resulted in many companies understating or underpaying their VAT and subsequently incurring colossal penalties in addition to the tax payable.

Transfer Pricing compliance requirements in South Africa have been significantly tightened and a modern transfer pricing system, including electronic transfer pricing return submission, has been put in place.

All eyes are on newly appointed Finance Minister Tito Mboweni’s first Medium Term Budget Policy Statement (MTBPS), scheduled to be delivered to Parliament on 24 October. Just two weeks into his tenure, Minister Mboweni will face the task of affirming government’s commitment to fiscal consolidation and strategic investment in the face of low economic growth.

A major concern on the minds of business and the public in general is how tax revenue collections are performing and whether we can expect further tax increases in the 2019 Budget.

Can SARS refuse to pay a VAT refund on grounds that income tax is due? This is the question which the court had to address in Top Watch (Pty) Ltd v CSARS.

National Treasury's proposal in the draft 2018 Taxation Laws Amendment Bill (2018 draft TLAB) to remove the taxable benefit concerning low or interest free loans granted to low-income employees for low-cost housing (the Proposed Amendment) was discussed on Day 2 of the recent National Treasury Workshop on the 2018 draft TLAB (Tax Workshop).

Incorrect information and advice from tax practitioners, or in some cases South African Revenue Service (SARS) officials, has resulted in the misunderstanding of complex South African expatriate tax legislation, which has landed many South African in deep water with SARS.