Tag: Garlicke & Bousfield Inc

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.

South African industrial action has become synonymous with violent, unlawful conduct, as was discussed in the recent case of Association of Mineworkers & Construction Union & Others v KPMM Road & Earthworks (JA 147/2017) [2018] ZALAC 28 (31 October 2018).

There are many reasons why a taxpayer may want to know their tax compliance status. A taxpayer may, for example, require a Tax Clearance Certificate (TCC) for a tender or an emigration application. 

A taxpayer may organise his financial affairs in such a way as to pay the least tax permissible. Our courts have confirmed on many occasions that there is nothing wrong with arrangements that are tax effective, but there is something wrong with dressing up or disguising a transaction to make it appear to be something that it is not.

To err is human and mistakes are sometimes made on tax invoices. Treasury has thus deemed it necessary to amend section 20 of the Value Added Tax Act 89 of 1991 (Act) which sets out the requirements for issuing tax invoices.

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.

The Protection of Personal Information Act (POPIA) has not yet fully come into force. Its aim is to protect personal information from 'leaks'.

While the introduction of mediation into all kinds of disputes is happening slowly in South Africa, overseas jurisdictions have recognised the important role mediation has to play and the high rate of success in resolving disputes through mediation.

In the case of Dawn Consolidated Holdings Pty Ltd (Dawn) and others versus the Competition Commission, the Competition Appeal Court (CAC) had to consider whether a non-compete clause in a shareholder’s agreement contravened the Competition Act, and laid down some guidance for determining whether agreements exhibit the character of anti-competitive conduct.

It is common that instead of entering into a new lease every time the lease period expires, parties simply agree to extend the lease agreement for a further period. When this happens, are all of the terms renewed?