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Refunds not being released due to a 'new' special stopper 19 T. Lopes This is no longer a joke. Still waiting for clients refund.It seems that the whole thing is to do the tax practitioner out of work. "Tax Practitioners must fall"
by E. Gibbon
23 November 2016
Objections old tax returns 1 R. Esterhuyse Hi RobI presume he must have submitted the returns manually? I have a few cases from 2002 - 2007 that I am dealing with and was able to submit the objections on efiling. The original returns were filed on efiling. Have you tried to request the IT34 on efiling and object from there?In my cases, I submitted the objections on eFiling and received a letter back to say they would be dealt with through another channel. I contacted Sars to find out whether I need to send this to the other channel (whatever that may be) or if they have. They advised that they send it through for manual objection and there is nothing further we need to do.This was only 5 weeks ago so I am not able to tell you what will come of this and whether it will be dealt with. Perhaps try requesting the IT34. If that doesn't work, maybe try to request the ITR12 as though it were a new return and see if you are able to do anything from there.Sorry - not really a solution for you but I thought it may help if I share what has happened with ours so far.Good luck!
by A. Venter
22 November 2016
Template letter valuation of company 0 R. Esterhuyse Morning All   I am seeking a template letter for the valuation of a company.   Thank you Rob
by R. Esterhuyse
22 November 2016
Turnover tax vs Income Tax 1 M. Lustgarten In terms of the Income Tax Act, the individual concerned will have to submit both a return of income (an ITR12) in respect of the remuneration and other income derived and a turnover tax form (in respect of his taxable turnover). We accept that the individual didn’t elect to be deregistered as a micro business – see paragraph 9 of the Sixth Schedule to the Income Tax Act. It is not correct to say that the turnover tax is in lieu of the other taxes. It merely provides an exemption (see section 10(1)(zJ)) in terms of which, any amount received by or accrued to or in favour of a registered micro business, from the carrying on of a business in the RSA, other than an amount received by or accrued to a natural person registered as a micro business that constitutes— (i) investment income as defined in paragraph 1 of the Sixth Schedule; or (ii) remuneration as defined in the Fourth Schedule; will be exempt from normal tax. Tax Helpline SAIT Technical
by C. Carstens
14 October 2016
42 working days after verification started and still no refund 5 D. du Plessis Hi there Talana (Lopes), Mike (White), and others. There's a SAIT Communication emailed to us today. But yes, I also tried to lodge a CMO complaint (after tax client went twice to SARS for lifting the same stopper)...and once submitting online CMO-compliant, is just comes back as "invalid" (without giving any reason online). Looks like were going to overwhelm the Ombud's inbox very soon! ;-) Tax regards, Michael Storm
by M. Storm
20 September 2016
Grant received for further study 3 J. Bosman I have read through this section quite a few times and looked through google search but cannot seem to find a definite answer on the following: If a company employees Maggie (Directors daughter-in-law). She earns R 150k per annum. She has three children who are in Grades 1, 4 and 7. Schooling is R 15k per child per annum. The company gives a bursary/scholorship with no repayments, of R 10k for each child per annum, Can the company 1. Deduct the R 30k for the year under scholarships and bursaries, and therefore reduce their tax liability? Can Maggie in effect, have received R 180k, but only have been taxed on R 150k. Would you even need to specify this on her IRP5, or must the company documentation just be in place eg School Invoice?  
by D. Pinn
24 August 2016
Sars absorbing credits on customers accounts 3 L. Vasapolli My view is that they may not raise assessments as they please.That is why you need to familiarize yourself with SARS Dispute Resolution Guide referred to above.You might refer to Paragraph 5.1 page 31 for example,which provides guidance re reasons for adverse assessments.Anyway hope all goes well for you.
by M. White
26 July 2016
Retirement Annuity Arrear Payments 1 C. Sitotombe RA arrears :1800pa is correct.Deduction requirements: When the contributions are made under conditions prescribed in the rules of the fund in terms of which a member who had discontinued his contributions prematurely is entitled to be re-instated as a full member  of the fund and the current contributions to the fund have been paid in full.(up to 2016 year of assessment).S11(n)(i)(bb). Also refer paragraph 8.2.3 entitled Arrear RAF Contributions of SARS Comprehensive Guide to the ITR 12  for Individuals version 10. Suggest you check with Retirement expert.too.
by M. White
15 April 2016
Efiling - Taxpayer Drop Down Selection 0 Y. Mohamed I have recently logged onto efiling and found out that the taxpayer drop down block is no longer available. You have to click on the name and search for a taxpayer. This is such an inconvenience and you now can lose track of your list of clients  Anyone else notice this or is my profile unique? Thanks
by Y. Mohamed
09 February 2016
Grant received for further study 0 J. Bosman Hi All   A client of mine (a medical doctor) has received a grant for an amount of R800 000 from an institution to do his PhD at Wits in a specific field. I think that this falls under exempt income and is the same as a scholarship or bursary. It specifically states that it is a "grant". He is currently in process of resigning his current position and will start full time study within the next two months.   Am I correct in my thinking?
by J. Bosman
27 January 2016
Provisional Tax 2016/01 underestimate 2 C. Sitotombe Thank you for your answer, appreciate it.
by C. Sitotombe
13 October 2015
SBC qualificationI 3 L. Nel Louwrens ,I see what you are saying. For this reason one needs to read what section 12E (4) (d) defines as personal services.The relevant parts of the definition one are set out below.“Personal services” in relation to a company..., means any service in the field of accounting...health...,,if –(i)...; and(ii) that company...does not employ three or more full- time employees(other than any employee who is the holder of a share in the company ...,or is a connected person in relation to a holder of a share in the company...) ,who are on a full-time basis engaged in the business of that company, ... of rendering that service.”Applying the definition to the incorporated practice, in my view means that as a business the company will among other things engage full -time employees such as office staff(includes receptionist) ,to enable it render its services. What do you think?
by M. White
08 August 2015
Donations 3 S. Kieck (Agenbag) Thank you Mr. White. Much appreciated :)
by S. Kieck (Agenbag)
10 July 2015
VAT AUDITS 1 Y. Mohamed Section 45 of the Vat Act provides that SARS has 21 business days not 21 days to make a vat refund, subject for example , to the taxpayer providing relevant information if refund audited, all his Vat returns are up to date (including income tax returns ,Employees Tax returns etc).So provided the taxpayer has met SARS’ requirements (as indicated above) in terms of Vat Act and Tax Administration Acts, the taxpayer is entitled to be paid interest after the 21 business days have elapsed. The important issue is that adequate and complete records are kept to support returns submitted and that a detailed record of a particular taxpayer’s dealings with SARS regarding any audits undertaken is kept and retained. The taxpayer is entitled to have his refund finalised timeously,failing which matter can be escalated to structures within SARS branches, SSMO and Tax Ombud.SAIT has SARS escalation lists on its website and SARS does have information on its website relating to Vat refunds and complaint procedures. Hope the above helps.
by M. White
18 June 2015
DIESEL / BIODIESEL REFUND 1 B. Jansen van Vuuren Try contacting Legal & Policy SARS at : LAPDCommunication@sars.gov.za You can try and contact Ms.Lita Spreeth(not sure if she still is at SARS HO) on 012 4224908. Good Luck.
by M. White
26 May 2015
VAT input claim FORD transit custom2.2tdci 1 D. Maartens Short answer : yes .Broader answer assumes it is not a motor car as defined in the Vat Act(it is not a vehicle constructed wholly or mainly for carrying passengers). Secondly provided the goods (the vehicle -Ford Transit) are used by the vendor wholly in course of making taxable supplies the vat incurred qualifies as input tax & may be claimed as a deduction under section 16(3) (a) of the Act. If not used wholly for taxable supply purposes then apportionment would of vat would have to be applied.Default method for apportionment is turnover based method unless vendor has obtained approval from Commissioner to use alternative method.Hope this helps.
by M. White
15 May 2015
Grants from Setas 3 M. Phalane Sorry if I am being a tad dense, but any income received by any organisation that does training (the corporation trains staff per contracts with various SETA), is exempt from VAT? Or is this the training done with the money received from SDL refunds?
by D. Gray (Peacock)
10 March 2015
Declining a tax type request due to outstanding fees 2 T. Coetzee Thank you for your reply, but would you please be so kind and post a link to the web page, I cant find it. Thank you in advance
by T. Coetzee
02 March 2015
Relevant Material Required to Authenticate New eFiling Profile 0 C. Ackermann Relevant Material Required to Authenticate New eFiling Profile. Are other deceased estate practitioners experiencing difficulties in registering deceased taxpayers on eFiling for the first time? I am finding that SARS are declining registrations. Even when visiting SARS offices they seem unable to upload the documents required and linking this to the case number that is on e-filing notwitstanding my request that they do so. I come away with a different case number. How do I explain to SARS that they MUST give me the same case reference number when they upload the documents that I submit.  
by C. Ackermann
02 March 2015
IRP6 forms 0 A. Colling Albeit that SARS advocates it being so easy to obtain an IRP6 form, especially requesting it from Efiling, in reality it is much more involved. I applied for an IRP6 on Monday, via Efiling for an existing client who became a provisional taxpayer at the end of 2014. It is now two days later and still the provisional status (having requested it under Organisation and tax types) still shows: to be verified. I received an email from SARS yesterday warning me to log onto Efiling and attend to a notification pertaining to the taxpayer. However, nothing was posted on Efiling. After 3 telephone calls to the SARS call centre I was eventually informed that SARS requires the client to first come along to a SARS branch to update his banking details!! This despite the 2014 return having been submitted last year AND the taxpayer receiving a refund from SARS in November 2014 into the same bank account. I do wish SAIT could take this up with SARS. Surely the banking details have nothing to do with issuing an IRP6.  I hate to think what would happen if one had to request an IRPS, say on Thursday 26 February 2015. One would definitely miss the deadline!     
by A. Colling
11 February 2015

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