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Tag: Tax Administration Act (TAA)

Ceasefire of Section 164 in SARS’ war on non-compliance

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Dispelling accusations of any revenue collector can feel like the fight of your life, especially where you are factually not on the wrong side of the law! Amongst these collectors, the South African Revenue Service (SARS) stands firm as one of the most strategic movers, turning the fight into an all-out war, the war on non-compliance!

Unpacking onerous adjustments to the apportionment formula

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The shortcomings of the Value Added Tax (VAT) apportionment formula set out in 2011, have been addressed in a new formula which applies with effect from all financial years commencing on or after 1 January 2024. We highlight important adjustments to the formula which is laid out new Binding General ruling, BGR 16 (Issue 3).

SARS targets representative taxpayers for company tax debts

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With the corporate tax collection deficit announced in September 2023, South African Revenue Service (SARS) is dead set on filling at least this fiscal pothole. How will they do this you may ask; well, amongst other avenues, SARS are exploiting the Tax Administration Act, which provides for instances in which the representative taxpayer, employer, or vendor, will be held personally liable for a company’s tax debt!

The downfall of crafty taxpayers who hide income and rely on...

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All taxpayers should arrange their tax affairs to obtain the best advantage and to pay the least amount of tax. This is a right every taxpayer possesses, and well entrenched in South African and international tax law. However, this planning must be done within the constraints of what the law allows.

Draft Tax Law Amendments – what you need to know

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On 31 July 2023, National Treasury released their annual draft tax law amendments, for public comment. Although still at the draft stage, there are some pertinent proposed changes for which the supporting systems have already been implemented i.e., the “Beneficial Ownership Registers”.

Phala Phala saga and the public interest override

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The recent Constitutional Court ruling in Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Service puts pressure on President Cyril Ramaphosa to reveal the tax records of the Tshivhase Trust, owner of Phala Phala.

Beware! One cannot review a decision which was not taken!

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In the matter of Medtronic International v CSARS (33400-19) ZAGPPHC, Medtronic (the taxpayer) brought a review application against the commissioner of SARS (the commissioner). This was due to the taxpayer being a victim of fraud, perpetuated by a Medtronic employee, to the tune of approximately R460,000,000.00. This ultimately placed the taxpayer in non-compliance with SARS.

Delayed VAT refunds from SARS? Legal recourse available to businesses

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Given the number of fraudsters and chance-takers in today’s market, hesitancy on the part of the South African Revenue Service (SARS) is present and well-understood. Rather than simply handing out refunds to every VAT claimant without careful scrutiny, the SARS official appointed to the matter is obligated to correctly apply the law, even though it may take a little longer than expected.

Tax diagnostic – diagnosing your tax health

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With 2022 filing season upon us, taxpayers are in great need of understanding what their current tax compliance status is with the South African Revenue Service (SARS); and if there is an outstanding tax debt, from where does such liability arise.

SARS aggressively collecting outstanding tax via third-party appointments

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The 2022 Tax Season has started and taxpayers need to be cognisant of their tax compliance and if any outstanding debt is owed to the South African Revenue Service (SARS). As a practice, we are seeing SARS continue to aggressively follow collection steps against taxpayers with outstanding tax debt.

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