Entries by Tax Consulting South Africa

Sayonara to Tax Free Earnings

Sayonara to Tax Free Earnings The proposed amendment to section 10(1)(o)(ii), the exemption section referred to often as the so-called 183-and-60-day rule aims to limit the current tax-free earning situation of South African tax residents working abroad. Under the current regime, taxpayers who are resident in the Republic and earn an income under a foreign […]

Scams and Phishing Attacks

Members of the public are randomly emailed with false emails made to look as if these emails were sent from SARS, but are in fact fraudulent emails aimed at enticing unsuspecting taxpayers to part with personal information such as bank account details. Examples include emails that appear to be from returns@sars.co.za or refunds@sars.co.za indicating that tax payers […]

BPR 242: Venture Capital Company Investment in Qualifying Companies

This ruling determines – Whether or not the investee is a “controlled group company” and that the shares purchased by the Applicant and Co-Investor is “equity shares”; and The meaning of “hotel keeper” and the allowances that a hotel keeper may claim. The Applicant and Co-Investor intends to invest in qualifying companies that will carry […]

D v Commissioner, SARS (VAT 1390):

“Whether the delivery of food orders to the taxpayer’s customers constitute a service supplied by it for consideration in the course, or furtherance, of its enterprise (and therefore whether same is within ambit of Value Added Tax Act, No. 89 of 1991). If so,  whether VAT falls to be paid on taxpayer’s delivery charges or […]

BPR239: Cash Contributions made to a Special Purpose Vehicle Established to Provide Housing to Mine Workers

This ruling determines the income tax consequences resulting from cash contributions to be made by the applicant to a special purpose vehicle (separate property company) established to provide housing for the employees of the joint venture and the group of companies of which the Applicant forms part. The separate property company (SPV) will obtain funding […]

BPR 237: Reinstatement of a Deregistered Company to Transfer Immovable Properties

This Binding Private Ruling deals with the reinstatement of a deregistered company in order to complete a transfer of immovable properties, pursuant to an amalgamation transaction. It concerns section 44(13) of the Income Tax Act, section 8(25) of the VAT Act, and section 9(1)(l)(iB) of Transfer Duty Act. Click on the button below to view […]

Practical Issues in the Dispute Resolution Process: Objection Phase

SARS recently changed their dispute process on e-filing to include additional functions such as allowing taxpayers to request suspension of payments online or submitting a request for remission of interest and admin penalties. The system furthermore compiles the DISP01 on your behalf and only requires the taxpayer to select the amounts under dispute and to […]