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Tag: Supreme Court of Appeal (SCA)

JUDGEMENT | Does abusing tax processes work?

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The full bench of the Western Cape High court recently delivered judgment (Cloete J dissenting) in a favour of a taxpayer who, according to the Tax Court, was simply abusing process. When studying the judgment of the Tax Court, it is difficult to see how the taxpayer’s approach was anything more than an abuse of process which begs the question: Why was the taxpayer successful on appeal to the full bench of the High Court?

Understanding digital signatures in the modern business world

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The pen may be mightier than the sword, but in an ever-growing digital world, this small but mighty weapon may well be on its way to extinction. Signing on the dotted line, may become a dying art. From stone tablets to ancient Egyptian manuscripts, signatures in various forms have been used to authenticate transactions since time immemorial.

SCA ruling has no effect on the B-BBEE act and its...

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We have noted the ruling by the Supreme Court of Appeal (SCA) that declared the PPPFA Regulations of 2017 invalid and confirm that the ruling has no effect on the B-BBEE Act, as amended, and its requirements. The B-BBEE Act permits organs of state or public entities to set B-BBEE qualification criteria for procurement and other economic activities and to exceed the criteria set in the Codes of Good Practice through section 9 (6) of the B-BBEE Act.

Interpretation of section 8(15) of the VAT Act 89 of 1991

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This article is based on the Court case (330/2019) [2020] ZASCA 34 (03 April 2020). The taxpayer was engaged in the importation, manufacturing and distribution of alcoholic beverages. The taxpayer entered into an agreement with foreign brand owners for the advertising and promotion of their alcoholic products in South Africa.

When can losses on shareholders’ loans be claimed as a tax...

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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.

A caveat to the debarring of financial representatives

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A recent judgment in the Supreme Court of Appeal has reconfirmed that the duty of debarring representatives, who do not meet the requirement of a ‘fit and proper’ person as prescribed in the FAIS Act, falls fairly and squarely on the shoulders of financial services providers (FSPs).

You don’t have to own property to sell it

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The South African Supreme Court of Appeal has again reminded us that it is not a requirement for a valid contract of sale that the seller must be the owner of the thing sold.

Legal conclusion of a customary marriage related to lobola and hand-over...

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It is traditional wedding season and the controversial customary marriage topic is relevant as it affects many families in South Africa. With the inequality report released last week showing that women earned about 30% less on average than men, what are the repercussions of this to the dynamic of these relationships?

Expat Tax – SCA hands SARS big win

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The Supreme Court of Appeal (SCA) delivered a judgment on 6 September 2019 that handed SARS, what could be considered, one of their most influential wins in recent times. The SARS Commissioner did not pull any punches and took BMW South Africa to task on tax services performed for their expatriates, by their top tier advisors KPMG and PwC.

The end of NRV for closing stock?

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The Supreme Court of Appeal (SCA) has for the second time in CSARS v Atlas Copco South Africa (Pty) Ltd, confirmed that the net realisable value (NRV) method is not a suitable method to value closing stock for income tax purposes.

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