ArticleAfrica Tax In Brief – 18 June 2019On 26 May 2019, the Council of Ministers endorsed a new bill amending Customs Proclamation No. 859/2014,South AfricaTaxENS
ArticleCan Taxpayers Lose By Challenging SARS? - The Hidden Risks In Transfer Pricing DisputesWhen taxpayers dispute an assessment, the expectation is straightforward: either the taxpayer wins and the assessment is reduced, or the South African Revenue Services (SARS) wins and the assessment remains unchanged.South AfricaTaxWebber Wentzel
ArticleExchange Gains And Apportionment Of Expenditure | Supreme Court Of Appeal Deals A Blow To Telkom In Its Dispute Against SARSThe points for consideration by the Supreme Court of Appeal ("SCA") in Telkom SOC Limited v C:SARS on 25 March 2020 were two-fold.South AfricaTaxENS
ArticleFive Things Every Taxpayer Should KnowThe third draft of the long awaited Tax Administration Bill ("TAB") was recently published for a final round of public comment. The TAB is an initiative to incorporate certain generic administrative provisions, which are currently duplicated in the different tax acts, into one piece of legislation. South AfricaTaxENS
ArticleMaintenance Contracts: Making Commercial Sense Of Section 24CThe Commissioner of the South African Revenue Service has recently published a Draft Interpretation Note on the allowance of future expenditure on contracts in terms of section 24C of the Income Tax Act 58 of 1962. South AfricaTaxENS
ArticleSection 8EA – "Qualifying Purpose" Test Tempered By Introduction Of Ownership RequirementWhen raising finance by way of preference shares, taxpayers are well aware of the risks posed by the anti-avoidance provisions of sections 8E and 8EA of the Income Tax Act ("the Act")...South AfricaTaxENS
ArticleSupreme Court Of Appeal Confirms Its Decision Regarding Trading Stock ObsolescenceGiven the wide discretion afforded to SARS in this respect, SARS' Practice Note No. 36 issued on 13 January 1995 (Practice Note 36) provides some guidance on the subject.South AfricaTaxCliffe Dekker Hofmeyr
ArticleTax In Brief Issue 77Below, please find issue 77 of ENSafrica's tax in brief, a snapshot of the latest tax developments in South Africa. South AfricaTaxENS
ArticleTax Incentives Are Essential For Getting South African Mining Exploration Investment Back On TrackIn April 2022, the Fraser Institute published the "Survey of Mining Companies 2021", where investors weighed in on what mineral endowments and public policy factors...South AfricaTaxENS
ArticleThe Pitfalls Of Cross-Border Service Arrangements –What You Need To KnowThis article sets out a brief summary of the various issues which need to be considered in the context of management services which have been relevant for many of our multi-national clients. South AfricaTaxENS
ArticleThree New Double Tax TreatiesSince our readmission to the international community South Africa has set about developing one of the largest networks of double tax treaties in the world. South AfricaTaxNorton Rose Fulbright South Africa
ArticleTax Implications Of CCMA Awards, Labour Court Orders Or SettlementsOften employment law disputes at the Commission for Conciliation, Mediation and Arbitration ("the CCMA") or the Labour Courts are resolved by way of an award of compensation in favour of an aggrieved party.South AfricaEmployment and HRWerksmans Attorneys
ArticleBuilding Trust In South Africa And Its Economy - 2024 Budget Speech PredictionsSouth Africa's Minister of Finance, Enoch Godongwana will present the 2024 budget speech on 21 February. The 2024 budget will require disciplined budgeting, enhanced tax collection...South AfricaTaxENS
ArticleENSafrica Tax In Brief: Issue 37Below, please find issue 37 of ENSafrica's tax in brief, a snapshot of the latest tax developments in South Africa. South AfricaTaxENS
ArticleFight Graft By Taking Leaf From Tax Books Of Ancient GreeksThe tax debate is progressively focusing on closing perceived tax loopholes and increasing self-assessment through vigorous auditing by the tax authorities.South AfricaTaxKPMG, South Africa
ArticlePersonal Tax Consequences For South African Executives On Foreign Boards – The Netherlands As An ExampleSouth African companies are increasingly looking to global expansion to build their capabilities and expand their operations into foreign jurisdictions.South AfricaTaxENS
ArticleProvisional Tax Understatement Penalties: First-time Provisional TaxpayersFirst-time provisional taxpayers often face unexpected underestimation penalties when their income streams become more complex. Understanding when these penalties apply and whether remission is possible can help taxpayers navigate compliance requirements and avoid costly mistakes when estimating taxable income. South AfricaTaxSNG Grant Thornton
ArticlePunitive Proposed Amendment To South Africa's Transfer Pricing ProvisionsTransfer pricing is a self-assessment mechanism that aims to ensure that taxpayers identify all potential cross-border transactions, operations, schemes, agreements or understandings that have been entered into between connected persons ...South AfricaTaxENS
ArticleSection 103(2) Utilisation Of Assessed Losses RevisitedIn this case, SARS relied on section 103(2) to disallow the set off of ABC (Pty) Ltd's ("ABC's") assessed loss against income derived by ABC in respect of its 2005 to 2008 years of assessment. South AfricaTaxENS