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An interesting issue arises whether the provisions of section 47 of the Income Tax Act ("Act") may be used in circumstances where a company transfers a business including liabilities to its parent company.

Most employers are aware that a travel allowance may be granted to an employee where it is anticipated that the employee will be required to travel.

The Tax Administration Bill, No 11 of 2011, was promulgated on 4th July 2012 in Government Gazette No 35491.

Where a South African resident receives a distribution from a foreign subsidiary, the classification of such a distribution is crucial to determine the tax implications thereof in the hands of said resident.

Many people feel that a massive overhaul of the Energy sector, to allow for large scale private power generation, is needed to resolve the perennial and devastating energy crisis currently facing South...

Since 1 January 2013, section 19 of the Income Tax Act, 1962 (the "Act") and paragraph 12A of the Eighth Schedule to the Act (the "Eighth Schedule") ...

In a significant legal development, the Constitutional Court ("CC") handed down its judgment on 12 April 2024 concerning Capitec Bank Limited's...

A recent Constitutional Court judgment, Thistle Trust v Commissioner for the South African Revenue Service clarified the application of the conduit principle to capital gains distributed through a multi-tiered trust structure.

It's been a tough year. For taxpayers expecting long-outstanding refunds from the South African Revenue Service ("SARS"), even more so.

We will address, in a series of articles, the South African tax considerations arising for residents and non-residents in respect of various corporate actions regarding South African listed shares.

Should phantom shares be taxed in terms of section 8C of the South African Income Tax Act, 1962, or should they be regarded as a bonus, to which section 7B of the Act applies?

The latest proposed amendments will see, inter alia, some relief for taxpayers in relation to the Controlled Foreign Company ("CFC") rules and the scope of an "Affected Transaction"

Limitations of deductions for employees and office holders (Interpretation Note 13) This interpretation note was issued on 15 March 2011.

Prior to the Tax Administration Act No. 28 of 2011, the Commissioner: South African Revenue Service was required to apply for a preservation order under the common law.

Economic slowdown, strikes will take toll on revenue collection.

The Tax Administration Act, Act 28 of 2011brought with it many changes to not only taxpayers' rights and obligations but the reciprocal rights and obligations on the part of the South African Revenue Service in its continuous business of revenue collection.

The South African government is walking a fiscal tightrope, attempting to fund critical investments in education...