case law

  • Supreme Court of Appeal | Africa Cash and Carry (Pty) Ltd v CSARS
    • whether SARS was entitled to defend assessments by contending for a materially different tax liability to that reflected in the assessments, in the absence of revised assessments or a valid concession of the appeal, in whole or in part, considered.
    • the scope of the tax court's power to alter assessments in terms of section 129 of the Tax Administration Act, 2011, considered.
    • whether SARS had discharged the burden of proving the reasonableness of assessments effectively revised by the tax court, considered.
    • whether interest in terms of section 89quat of the Income Tax Act, 1962 ought to have been remitted, considered.
    • find a copy of this judgment here.

legislation and draft legislation

  • no new legislation or draft legislation noted.

advance tax rulings

  • binding private ruling 334 | waiver of loan claims by the settlor of a trust
    • sections 54, 55, and 64(1)(a) of the Income Tax Act, 1962 (the "Act").
    • paragraphs 12A, 20(3)(b), 39, and 56 of the Eighth Schedule to the Act.
    • this ruling determines the income tax and donations tax treatment of the waiver of loans owing to the settlor by a trust.
    • find a copy of this ruling here.

SARS publications

  • Guide to the Taxation of Special Trusts (issue 2)
    • find a copy of the guide here.

exchange control

  • no new exchange control circulars noted

customs and excise

  • Customs and Excise Act, 1964 | tariff amendment notice R.1514 in Government Gazette 42850
    • amendment to Part 1 of Schedule No. 1, to implement changes to the rates of customs duties in terms of the Economic Partnership Agreement between the European Union and the Southern African Development Community EPA States for 2020 and other miscellaneous amendments.
    • implementation date: 1 January 2020.
    • find a copy of the notice here.
  • Customs and Excise Act, 1964 | tariff amendment notice R.1515 in Government Gazette 42850
    • amendment to General Note G to Schedule No. 1, to insert the abbreviation and symbol "CO2e" to mean CO2 equivalent as well as amend note G. 47 to read as ton/tonne in the abbreviation to align with the wording in the Carbon Tax Act
    • implementation date: 1 January 2020.
    • find a copy of the notice here.
  • Customs and Excise Act, 1964 | tariff amendment notice R.1516 in Government Gazette 42850
    • amendment to Part 1 of Schedule No. 1, in terms of technical and other miscellaneous amendments.
    • implementation date: 1 January 2020.
    • find a copy of the notice here.
  • Customs and Excise Act, 1964 | tariff amendment notice R.1517 in Government Gazette 42850
    • amendment to Additional Notes to Chapter 11 by the substitution of Note 1(a) and Note 1(b) in Chapter 11 of section II to Part 1 of Schedule No. 1 as a consequence to the statement issued by the President of South Africa on 29 May 2019 regarding the merging of Government Departments.
    • implementation date: 1 January 2020.
    • find a copy of the notice here.
  • Customs and Excise Act, 1964 | tariff amendment notice R.1518 in Government Gazette 42850
    • amendment to Note 5 in Schedule No. 4, in order to substitute the reference to form DA 331 to form TC-01 which refers to a traveller card used at ports of entry to declare personal and household effects.
    • implementation date: 1 January 2020.
    • find a copy of the notice here.

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