Entries by vat consulting

The Status of SARS’ Interpretation Notes

A recent case before the Supreme Court of Appeal (CSARS v Marshall NO and Others (816/2015) [2016] ZASCA 158 (3 October 2016)) involved the question of whether or not actual supplies by a designated entity to the Western Cape Department of Health qualified for the zero rating under section 11(2)(n) read with section 8(5) of […]

Launch of Special Voluntary Disclosure Programme (SVDP)

National Treasury released the following media statement on the special VDP for offshore assets. For access to the entire media statement, please click here. SARS have also updated the guide for special VDP, please click here to access the guide. Interestingly, the last version of the bill that proposed to include to the special VDP […]

Launch of Special Voluntary Disclosure Programme (SVDP)

National Treasury released the following media statement on the special VDP for offshore assets. For access to the entire media statement, please click here. SARS have also updated the guide for special VDP, please click here to access the guide. Interestingly, the last version of the bill that proposed to include to the special VDP […]

5 Year Period to Claim Input Tax Repealed?

When the Minister of Finance announced in the 2016 budget speech that the ability to claim input tax credits within 5 years will be revisited, taxpayers and tax practitioners alike waited with great anticipation to see if the proposal found its way into the draft bills so as to comment on why this should most […]

Input Tax Without Valid Tax Invoice

The South Atlantic Jazz festival case (“Jazz festival case”) put into a motion a series of changes to the VAT legislation, more specifically, as to when an input tax claim can be made without a proper tax invoice. In short, the taxpayer in the South Atlantic Jazz festival case was successful in a dispute against […]

Draft Taxation Laws Amendment Bill, 2016: (second batch) Revisions and Additions for Public Comment

Notable revisions include: Changes to section 7C (trusts and loan accounts) to remove the deemed interest imputation for loans to trust and replacing same with a deemed donation provision and removing the R100 000 annual donations tax exclusion prohibition. Extension of the Employment Tax Incentive to 28 February 2019; Dividends on restricted equity instrument will no […]

Irrecoverable Debts and VAT

In the case of VAT 1247:  XYZ Company (Pty) Ltd v The Commissioner for The South African Revenue Service, the court was faced with interpreting section 22(3) of the VAT Act, notably, in relation to a period before 22(3A) was introduced. Section 22(3) of the VAT Act in essence requires a person who has claimed […]