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Withholding tax on interest on loan from foreign entity 1 M. Lustgarten Withholding Tax on Interest
by M. White
13 March 2014
Non executive director fees - Public companies PAYE 0 G. Hardy I have recently completed an opinion regarding the above matter. Whilst every matter is dependent upon the specific facts in that instance II would me to find out if anyone knows what SARS official or unofficial stance is on matter. Whilst one can examine the law, look at the psp legislation and various other authorities it still gives the client guide little guidance as to what SARS actually will do if anything. I have examined the law as well as SARS practice notes corrector incorrect. Practically what is a SARS official general reaction when faced with this if any.
by G. Hardy
09 December 2013
Penalties on Vat201 returns for 201309 1 S. Maharaj Normal 0 false false false EN-ZA X-NONE X-NONE MicrosoftInternetExplorer4 Hi Mr.Maharaj Based on what SARS states per its "calendar screen” dated 26/6/2013 under its website , your understanding is  clearly correct . So hopefully it’s a system error on their part and not something sneaky as you say. /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;}
by M. White
04 November 2013
Tax Exemption of Political Parties 2 A. Ebersohn Thank you for your input.  Much appreciated ! 
by A. Ebersohn
17 October 2013
SA Tax Standards 1 S. Klue Please could you confirm the following with regard to the standards - The date issued on the publication's is May 2011  however the requirement to join regulatory bodies by SARS was 1/7/2013 therefore the true regulation of practitioners and the therefore the standards should have come into effect  from this date only. Prior to this practitioners were issued numbers by SARS but not necessarily regulated. (unless this refers to the act itself 2011 please advise - based on the continuing question below)the requirements in the standards to verify documents by practitioners almost like auditors would, or to obtain letters of engagement was not necessarily done prior to 2013/7/1 and this would be cause for concern if the act/standards were enforced at a backdated period. Would it be advised to recheck all returns incase there was an error? at what cost to the practitioners? at least if the effective date remains 2013/7/1 an awareness is there as to the requirements and standards to be met  while it is of absolute importance to adhere to the newly enforced regulations by practitioners is there any confirmation from SARS and the regulatory bodies that the changes will be effective only from 1/7/2013 and that there will be no recourse dating back prior to this period?H1H2H3H4H5H6
by C. Young
03 September 2013
New IT12C forms 4 J. Bekker Hi there, SAIT advised that if you do your own return, you should tick NO on the question whether the return is filed by a tax practitioner. Did you see the media release from SARS? I just had to laugh. They say that the efiling system crash is untrue. Find attached media release.
by J. Bekker
05 July 2013
1998 Company Tax Returns and prior_Efiling 0 G. Hardy I am unable to request 1998 company tax returns and prior on efiling. Could some assist in letting me know what the correct procedure is or alternatively request via efiling?
by G. Hardy
29 May 2013
STC & DWT 3 M. O'Hara Indien 'n lid van 'n BK 'n debietlening het van R1000 000.00 sal daar geagte dividendbelastingbetrokke wees of byvoordeelbelasting of beide? Dankie
by S. Truter
21 May 2013
Due Dates Assessed Income Tax 2 G. Hardy Refer section 162(1) of the Tax Administarion Act(Act 28) of 2011.
by M. White
22 February 2013
Income Tax 3 Year Prescription Period 2 G. Patron Under the the IT Act the date of assessment was defined as follows:"date of assessment " in relation to any assessment ,means the date specified in the notice of such assessment as the due date or,where a due date is not specified ,the date of such notice".It seems that under the TAACT the appropriate date  that prescription runs from is no longer the due date of the assessment.
by M. White
29 January 2013
Grants from Setas 0 M. Phalane The client is accredited training provider by MerSeta, Engineering companies are obliged to train their employees/learners through companies accredited with MerSeta.My client provide training on behalf of Engineering companies and is subject to audit by MerSeta.Once MerSeta is happy with the audit conducted on my client they release a grant to an Engineering company which they then releases it to my ClientQuestionMy client got a letter from SARS saying he owes Vat?I believe my client is supposed to be exempted for Vat because the nature of the funds/income is getting is mainly from MerSeta grants, if you agree which channel must I follow to be able to prove that my client should be exempted from VAT on the grants received from MerSetaThanksRegardsMphiri Phalane 0725171377mphirip@gmail.com
by M. Phalane
16 January 2013
Grants from Setas 0 M. Phalane The client is accredited training provider by MerSeta, Engineering companies are obliged to train their employees/learners through companies accredited with MerSeta.My client provide training on behalf of Engineering companies and is subject to audit by MerSeta.Once MerSeta is happy with the audit conducted on my client they release a grant to an Engineering company which they then releases it to my ClientQuestionMy client got a letter from SARS saying he owes Vat?I believe my client is supposed to be exempted for Vat because the nature of the funds/income is getting is mainly from MerSeta grants, if you agree which channel must I follow to be able to prove that my client should be exempted from VAT on the grants received from MerSetaThanksRegardsMphiri Phalane 0725171377mphirip@gmail.com
by M. Phalane
16 January 2013
Usufruct rent received from trust 1 E. Bosman Normal 0 false false false EN-ZA X-NONE X-NONE MicrosoftInternetExplorer4 Normal 0 false false false EN-ZA X-NONE X-NONE MicrosoftInternetExplorer4 Good Evening Emile Here’s my offering . Principles. The usufructuary has the right to receive income from the asset held under the usufruct. (Note that he does not have the right to dispose of the asset itself). Any non capital expenditure actually incurred by the usufructuary in order to produce that income ought to be deductible from that income. Application. The usufructuary to include rental income as part of his gross income. Expenditure provided it meets the criteria set out above ought to be deductible against rental income. Notes. Lease agreement (written) should reflect Usufructuary as lessor. Recommend that a separate bank account be opened in usufructuary’s name for rental receipts and expenditure incurred. Interest incurred in respect of bare dominium holder‘s bond would in my view not be deductible from usufructuary’s rental income. Recommendation: It is advisable to approach a tax consultant whom you should apprise of all the facts in order to give you a proper opinion. /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;}   /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;}
by M. White
04 December 2012
Public Office Bearers Allowance of Mayors 1 A. Ebersohn I have copied and pasted the appopriate page of the 2012 SARS guide  for employers which deals with deductions for PAYE purposes .As can be seen a taxpayer may claim for certain  expenditure actually incurred by him/her against such allowance.However this would not include expenditure for which he has been re-imbursed.Hope this helps.5.3 ALLOWANCE TO A HOLDER OF A PUBLIC OFFICEReference to the Act Section 8(1)(d) and 8(1)(f)Meaning Any allowance granted to the holder of a public office to enable him / her todefray expenditure incurred by him / her in connection with his / her office, tohave been expended by him / her to the extent that he / she has actually incurredexpenses for the purposes of his / her office in respect of — secretarial or duplicating services, stationery, postage or telephone calls; the hire and maintenance of office accommodation; travelling; hospitality extended at any official or civic function which the holder of theoffice is by reason of the nature of such office normally expected toarrange; and subsistence and incidental costs incurred.
by M. White
04 December 2012
Diesel Refund 0 S. Truter SARS is doing diesel refund audits and if the farmer is not in a position of a logbook they issue a letter of intend to at back the refund; add penalties of 100%. Is there anything that we can do about it. It seems if it is a country wide issue and that the farmers was not aware of the fact that logbooks need to be kept for the refund purposes. Can't we suggest to SARS to accept alternative methods to proof the diesel rerund claims up to now and to explain to all farmers via the media what kind of records they should keep. There is already different suggestions (with regards to the information that should be in a logbook) from the SARS officials. It is not always easy to keep a logbook on a farm due to the nature of the conditions on a farm.     
by S. Truter
20 November 2012
IT12 TAX CALCULATOR 1 John Benson I am aware that the tax calculator did not work at some stage but is currently working.  
by D. van der Walt
27 September 2012
Vat: Welfare Organisations & motor cars 5 M. White Normal 0 false false false EN-ZA X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} Hi Dieter Thanks for your input(no pun intended). The transport of employees ‘children to school is a cost to the company (registered vendor) which is a benefit for the relevant employees in the course of its enterprise making taxable supplies. That is ,there is no charge(fare)  made for transporting the children to school and hence would not be an exempt supply as envisaged by section 12(g)(road/rail business passenger services).For this reason I think that a case can be made  for claiming input tax(as defined in S1 of Vat Act) on the relevant vehicle. Over to you.
by M. White
07 August 2012
Illegal Denial of Expenses 6 J. Lopes Normal 0 false false false EN-ZA X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;}  Hi  My suggestion is that you should take this matter up with the office of the SSMO(contact details on SARS website),providing full details of the facts regarding each client’s position :eg  particulars of each client, information requested by SARS, details furnished to SARS  in terms of when provided and what was provided etc etc. when and how they were notified(eg. assessment with covering letter) details relating to your objection ,SARS response and details relating to their lack of  communication etc and any other information which you believe is necessary and relevant. Other options ,consider attending SAIT’s seminars re SARS audits(deal with IT14SD’s) & Tax Admin.Act. Also consider attending SARS’s free TAX Admin Act Seminar(see SARS website for details) re the issues raised by you in this forum.There are other options but I believe they can be very  expensive eg insituting court action.
by M. White
01 August 2012
Binding General Ruling 11 0 M. White I notice that the ruling states "The consideration as reflected on the tax invoice must be reflected as output tax in the vendor's VAT 201 return for the applicable tax period. " Should the word "tax " after the word " output " not be excluded,otherwise SARS will be in for a windfall of revenue.
by M. White
30 July 2012
WEAR AND TEAR: LED LIGHTS 3 D. van der Walt Normal 0 false false false EN-ZA X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} Hi Dieter Thanks for the info. Certainly, from a lifespan point of view, one may have to consider capitalising the lights. However, for income tax purposes, Interpretation note 47(paragraph 4.3.5) allows a taxpayer to write off small items with a value of less than R7000.00, to be written off in the year such assets acquired/brought into use.
by M. White
30 July 2012

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