Speak to any individual taxpayer and tax practitioner these days and no doubt ‘auto assessments’ will feature in the conversation. Whilst many agree that the auto assessment process is a good idea and there is appreciation of SARS’ intention to simplify tax compliance, there are mixed feelings regarding the implementation and practicality thereof.
It is an inevitable consequence when operating in a distress economy, such as we find ourselves in South Africa these days, that shareholders will find themselves disposing of companies for less than they paid for them, whether the companies were formed or purchased by those shareholders.
For most South African SMEs already contending with a contracting economy, the additional shocks from COVID-19 have placed further pressure on their operations. For some, this may not be a bridge too far as analysts at Sasfin are predicting that around 60% of SMEs may close before the crisis is over.
The Draft Tax Law Amendment Bill (TLAB) contained a hidden announcement, which may prove to be the final straw for many ex-South Africans who still have retirement investments left in South Africa. The TLAB seeks to legislate to prevent a South African who has exited South Africa’s tax base, to withdraw their retirement funds from South Africa, until an unbroken period of 3 years has passed where that person can prove non-tax residency.
S12J refers to a section of The Income Tax Act. This section allows an investor to deduct the full cost of their investment into an approved s12J company against their taxable income. This benefit is available to individuals, companies and trusts and can be utilised against normal income as well as Capital Gains tax.
The levy income of a body corporate, share block or an association of persons, such as a home owners association ('residential estate'), is exempt from income tax by virtue of section 10(1)(e) of the Income Tax Act.However, not all income received by a residential estate is exempt from tax, only levy income. SARS recently published a new Interpretation Note 64 on the levy exemption.
The obligation of SARS to collect tax and taxpayers' rights are often at odds with each other. To address this issue, the Budget 2018 proposes to reconcile taxpayers' constitutional rights with SARS' constitutional obligations by including a provision in the Tax Administration Act stipulating that SARS must inform the taxpayer at commencement of the audit when the information will be audited.
Finance Minister Gigaba delivers 2018/19 Budget Speech. 1% hike in Value-added tax (VAT) increased by 1% to 15%. Government spending cut over the next three years amounting to R85 billion. Fuel levy increase 52 cents a litre. R57 billion will be spent over the next three years to fund higher education