The National Treasury and SARS wish to notify key stakeholders about an accelerated process to provide certainty in respect of section 45 and hybrid shares. We wish to eliminate the current uncertainty about restructurings and acquisitions that do not pose a significant risk to the tax base.
This statement is intended to give effect to the commitment made by the Minister of Finance at a press conference and in the National Assembly, on 23June 2011, where he indicated flexibility if key stakeholders come forward with a detailed presentation of facts, provide full disclosure, and constructively engage with the National Treasury and SARS.
Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.