Tag: Tax Court

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.

There are tax benefits for registering a non-profit organisation as a Public Benefit Organisation (PBO) with the South African Revenue Service (SARS), whether such organisation is a non-profit company, trust or association.

For those who have been subjected to a SARS audit, it may be hard to imagine a reality where this experience can be any more agonising. If this resonates with you, perhaps consider a world where SARS makes you pay for the resources it had to expend in putting you through this ordeal. The truth is, it can.

In addition to the tax payable, SARS can impose penalties on a taxpayer for an 'understatement'. In a standard case, and depending on the taxpayer’s behaviour, penalties can range from 10% for a 'substantial understatement' to 150% for 'intentional tax evasion'.

When you get audited by SARS, before payment of your Value-Added Tax (VAT) refund, expect a long road accompanied by lots of frustration. Adding to this is that usually when a refund is claimed, it is often when your business really needs the cash flow.

There have been a number of binding private rulings providing for the deductibility of contributions made by employer companies to share incentive trusts for the purpose of acquiring shares in the former.