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Lexis Nexis
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In Commissioner for the South African Revenue Service v Glencore Operations SA (Pty) Ltd [2021] 4 All SA 14 (SCA) the mining company claimed a refund of fuel levy, appeal hinged on interpretation of ‘own primary production activities in mining’. -
SARS is expected to exercise its considerable power to collect the correct amount of taxes to the benefit of the fiscus. However, this does not mean that rogue officials can act outside the law and appoint banks as collection agents, as they see fit. -
With a new financial emigration regime at play from 1 March 2021, South Africans wanting to emigrate financially will need to prepare themselves for a tougher and more complex process in proving non-resident status with SARS. -
SARS’ recruitment drive has provided some insight into the state of affairs at the organisation. With applications now closed, SARS released the details around the roughly 88,000 applications it received, and the numbers paint an unsettling picture. -
Two cases exhibit the extent of SARS’ powers, albeit from opposing perspectives. The first demonstrates the big role SARS can play in both recovering the proceeds of state capture and in bringing the looters to book, while the second shows how devastating SARS’ powers can be when not exercised within the legislative framework. -
Allen West looks at the registerability and effect of a condition inserted into a deed of transfer which excludes community of property, whether such a condition lawful and binding, and the effect it has on creditors. -
The full bench of the Western Cape High court recently delivered judgment in a favour of a taxpayer (Cloete J dissenting) who, according to the Tax Court, was simply abusing process. Indeed, when studying the judgment of the Tax Court, it is difficult to see how the taxpayer’s approach was nothing more than an abuse of process which in turn begs the question – why was the taxpayer successful on appeal to the full bench of the High Court? -
The husband signed a deed of donation giving his half share of their property to his wife, on the advice of his auditor, to get a tax break for his business. -
Withholding tax: Allen West discusses the so-called physical presence test and an ordinary resident definition and as defined in terms of South African common law for purposes of Section 35A of the Income Tax Act. -
Purveyors South Africa Mine Services (Pty) Ltd v CSARS: Import VAT- does mere knowledge of a default by SARS render a subsequent voluntary disclosure programme application under section 227(a) of the Tax Administration Act involuntary? Legislative compliance and timing are vital.