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Constitutional Court judgment on economic substance

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To the relief of Coronation Investment Management SA (Coronation), the Constitutional Court has overturned the Supreme Court of Appeal’s (SCA) judgment in favour of the South African Revenue Service (SARS).

Navigating tax deductions – lessons from the Unitrans case

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The Gauteng High Court recently dismissed the appeal of Unitrans Holdings (Unitrans) against the Tax Court judgment which had denied a tax deduction for interest incurred. The court found that the interest incurred was not closely connected to Unitrans’ business operations as an investment holding company and that the purpose of the interest was not to produce income but to further the interests of the subsidiaries.

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.

Capital gains cannot flow through multiple discretionary trusts

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A recent Supreme Court of Appeal (SCA) judgement has clarified that a capital gain distributed from one trust to a second and then to a natural person beneficiary must be taxed in the hands of the second trust, not the natural person.

JUDGEMENT | SARS’ delay ‘egregious’

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In a recent Tax Court Judgment handed down on 25 February 2022, the court found in favour of an unnamed taxpayer, admonishing South African Revenue Service (SARS) for their persistent disregard for the time limits prescribed in the rules promulgated under Section 103 of the Tax Administration Act, 28 of 2011 (the Rules).

Are personal rights assets for capital gains tax purposes?

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Although personal rights are clearly assets for capital gains tax (CGT) purposes, they add a layer of complexity which has not been clarified in recent court decisions. Personal rights play an important role in the determination of capital gains and losses.

Tax Court confirms auditor’s advice is not ‘Get-Out-Of-Jail-Free’ card

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The Tax Court has again confirmed that there is no safety for taxpayers in relying on their auditor’s views to justify a tax position adopted. To the contrary, where a taxpayer infers that their tax position is justified 'because my auditor said so', it can actually result in a larger tax penalty.

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?

Clearer guidance on tax relief for future expenditure obligations

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The Constitutional Court clarified that businesses registered as taxpayers would benefit from temporary tax relief when claiming future costs from current income received under contracts that are inextricably linked. The Future Expenditure Tax Allowance essentially grants a business temporary relief by reducing its tax payable to SARS if the income received upfront will be wholly or partially used to fund future costs.

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.

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