SARS Interpretation Note 17: When will an employer be liable for employees’ tax in respect of an independent contractor?

The South African Revenue Service (SARS) has published an updated Interpretation Note 17 (Interpretation Note) on how to determine whether a person is an independent contractor for employees’ tax purposes. The Fourth Schedule to the Income Tax Act, No 58 of 1962…

Provided By Cliffe Dekker Hofmeyr

by Jerome Brink and Aadil Patel

Carbon tax, the “green” tax – “Polluter pays” principle

Carbon tax has been a topic of discussion and consultation for nearly 10 (ten) years. Draft carbon tax bills were introduced in 2015 and 2017....

by VDMA Attorneys

Carbon tax, the “green” tax – “Polluter pays” principle

Venture Capital Companies under attack – again

During 2018, the venture capital company (VCC) industry had to deal with a lot of uncertainty as a result of the changes to Section 12J...

by Aneria Bouwer

Venture Capital Companies under attack – again

Competition Amendment Bill to be signed soon

The Competition Amendment Bill will soon be signed into law. President Ramaphosa announced this during the 2019 State of the Nation Address in parliament. He added that the signing of the bill will contribute towards boosting investment, fostering greater inclusion…

Provided By Sabinet

Win for the employer: Judgment on the Employment Tax Incentive Act

In the recent case of ABC (Pty) Ltd v The Commissioner for the South African Revenue Service (Case No 14426) (as yet unreported), the Tax...

by Louis Botha

When must a reportable arrangement be disclosed to SARS?

Under the Tax Administration Act, No 28 of 2011 (TAA) persons who enter into certain types of transactions must report the details of those transactions...

by Ben Strauss

Imminent default regulations for the Pension Funds Act

The effective date for the implementation of the default regulations to the Pension Funds Act, 1 March 2019, is around the corner and retirement funds...

by Carlyle Field

Imminent default regulations for the Pension Funds Act

One less issue when issuing tax invoices

A tax invoice plays a pivotal role in the VAT system for suppliers and recipients alike. In terms of the Value-Added Tax Act, No 89...

by Varusha Moodaley

Can Alternative Dispute Resolution provide a solution to tax collection issues? The #JutaTalkingPoints panel of experts deliberate

PROBLEMS suffered by SARS under the previous government have been under the spotlight in two crucial national inquiries, but another troubling aspect of the national...

by Juta

Revised Carbon Tax Bill: Urges closer to implementation

On the 20th day of November 2018 the Minister of Finance tabled the revised Carbon Tax Bill in parliament. The revised Bill contains comments received...

by Shepstone Wylie Attorneys

Revised Carbon Tax Bill: Urges closer to implementation

Important judgment for taxpayers regarding the valuation of trading stock

In C:SARS v Volkswagen SA (Pty) Ltd (1028/2017) [2018] ZASCA 116 (19 September 2018) the Supreme Court of Appeal (SCA) dealt with important principles in...

by Jerome Brink

In the end, there can be only one contract – The SCA considers section 24C of the Income Tax Act

On 3 December 2018, the Supreme Court of Appeal (SCA) handed down judgment in CSARS v Big G Restaurants (Pty) Ltd (157/18) [2018] ZASCA 179...

by Louis Botha

New electronic services regulations: Widening the invisible VAT net

In the wake of the ever-increasing world of e-commerce and cross-border digital trade, South Africa introduced legislation with effect from 1 June 2014, requiring foreign...

by Gerhard Badenhorst and Varusha Moodaley

Unincorporated joint ventures in South Africa – What you need to know

B-BBEE Requirements and Status All entities wishing to obtain a B-BBEE certificate are measured against some or all of the pillars under the Codes. The Codes...

by Tyron Fourie and Grant Williams

Back to basics: Navigating a SARS audit and dispute process

Receiving and responding to a request for relevant material from the South African Revenue Service (“SARS”) and generally dealing with SARS during an audit or...

by Taryn Solomon

Back to basics: Navigating a SARS audit and dispute process

What costs can taxpayers deduct in pursuance of installing solar energy systems?

It is beyond doubt that South Africa enjoys sunshine more than most places on earth. The South African Department of Energy (DoE) states on its...

by Jerome Brink

The big five amendments proposed by the Companies Amendment Bill, 2018

The Companies Amendment Bill, 2018 (the “Bill”) was released for public comment by the Minister of Trade and Industry on 21 September 2018. The Bill,...

by Brian Jennings

The big five amendments proposed by the Companies Amendment Bill, 2018

Income Tax: What employees receiving foreign income should know

Employees might attempt to escape a tax liability on a portion of their income received in another country, however in a recent Court decision it...

by VDMA Attorneys

Income Tax: What employees receiving foreign income should know

National Treasury hopes to clarify anomalies relating to taxing REITs soon

The taxation of real estate investment trusts (REITs) was discussed at the recent National Treasury Workshop on the 2018 draft Taxation Laws Amendment Bill, held...

by Wesley Grimm and Craig Miller

National Treasury hopes to clarify anomalies relating to taxing REITs soon

Tax court confirms contributions to fund share incentive scheme are deductible

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...

by Joon Chong

Tax Law