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Technical & tax law questions
12 August 2015   (0 Comments - view/add)
Are the rates charged by landlords to their tenants zero-rated? »
Author: SAIT Technical Q: The SARS directive for municipalities is specific that VAT is zero-rated, however landlords...
12 August 2015   (0 Comments - view/add)
Will the settlor of an “amnestied trust” pay CGT on the trust’s assets upon death? »
Author: SAIT Technical Q: I am dealing with a specific query regarding an "amnestied trust”. I would like to find out...
12 August 2015   (0 Comments - view/add)
Can you get the section 6B tax credit for medical expenses paid for a ‘cosmetic’ operation? »
Author: SAIT Technical Q: I have a client who underwent a procedure for which the medical aid scheme did not pay. It...
12 August 2015   (0 Comments - view/add)
Is there a capital gain on a non-business related damages payout received from a landlord? »
Author: SAIT Technical Q: Would a damages payout to an individual, received as a result of a negligent landlord, be...
12 August 2015   (0 Comments - view/add)
What is the time of disposal (for CGT purposes) when a property is sold? »
Author: SAIT Technical Q : I have a client who has sold a property. The deed of sale was signed in November 2014 subj...
12 August 2015   (0 Comments - view/add)
Can one claim input VAT on expenses incurred for socio-economic development purposes? »
Author: SAIT Technical Q: If a company is obligated by a contract with a customer to incur expenses regarding the So...
16 July 2015   (0 Comments - view/add)
Is the sale of grass (to be used by a riding school as animal feed) exempt from VAT? »
Author: SAIT Technical Q: Is the sale of grass for horse feed classified under raw materials and thus exempt from VAT...
16 July 2015   (0 Comments - view/add)
How do I remove ‘gap cover’ insurance fees from the medical contribution amounts on an IRP5? »
Author: SAIT Technical Q: One of our clients provided us with her IRP5 and medical aid certificate for us to submit...
16 July 2015   (0 Comments - view/add)
When do deposits received from tenants qualify as ‘gross income’? »
Author: SAIT Technical Q: We are a group of companies owing commercial properties which are rented out to tenants. We...
16 July 2015   (0 Comments - view/add)
Is a disability pension income is not taxable from 1 March 2015? »
Author: SAIT Technical Q: One of our clients alleges that her disability pension is not taxable anymore as from 1 ma...
16 July 2015   (0 Comments - view/add)
If an employee becomes a contractor, does that make him independent? »
Author: SAIT Technical Q: Our client has a current employee who does IT and admin work for them from an African count...
16 July 2015   (0 Comments - view/add)
What are the VAT issues regarding arranging tours in South Africa for foreign tourists? »
Author: SAIT Technical Q: My client arranges tours to South Africa for mostly European tourists. I understand that a...
16 July 2015   (0 Comments - view/add)
Does a share buyback reduce ‘contributed tax capital’? »
Author: SAIT Technical Q: If a company buys back its own shares, is that buy-back a reduction of the issued shares (...
30 June 2015   (0 Comments - view/add)
Is rental income from Canada earned by an SA tax resident in taxable in RSA? »
Author: SAIT Technical Q: Is the net income (rental income minus expenses) from a flat in Canada taxable in South Af...
30 June 2015   (0 Comments - view/add)
How do you determine whether an SA tax resident working in Namibia will be taxed there? »
Author: SAIT Technical Q: I have a client who is employed by a Namibian company, he works in Namibia, his income is...
30 June 2015   (0 Comments - view/add)
A company operates from the owner’s home: are electricity, rates, etc. deductible? »
Author: SAIT Technical Q: I would just like to clarify how to treat office expenses, if they are in the director’s n...
30 June 2015   (0 Comments - view/add)
Last year you made a profit, this year you’ll make a loss: how do you calculate provisional tax? »
Author: SAIT Technical Q: We need to submit our provisional tax 30 June. Can we use our projections for this year or...
30 June 2015   (0 Comments - view/add)
Individual is a sole trader and has a company: can he be taxed as a micro business or SBC? »
Author: SAIT Technical Q: I have a client who is a sole proprietor.  He has now embarked on a business venture...
30 June 2015   (0 Comments - view/add)
Can goodwill be ‘depreciated’ for tax purposes? »
Author: SAIT Technical Q: It seems to be the current practice to amortise goodwill. I cannot find anything to suggest...
30 June 2015   (0 Comments - view/add)
Construction design drawings done by a foreign company: will the new WHT on services apply? »
Author: SAIT Technical Q: We shall be grateful for your assistance with a query concerning the new withholding tax on...
30 June 2015   (0 Comments - view/add)
Do you need to have an original tax invoice in your possession before you can claim input VAT? »
Author: SAIT Technical Q: Can a vendor claim input VAT if the tax invoice is scanned and emailed or MUST the tax inv...
30 June 2015   (0 Comments - view/add)
One spouse passes away and the house is transferred to the surviving spouse: any CGT? »
Author: SAIT Technical Q: My client has passed away in late 2014. Must I declare the transfer of his primary residenc...
30 June 2015   (0 Comments - view/add)
Does a low-interest loan between relatives have any tax implications? »
Author: SAIT Technical Q: Husband and wife borrow money from the wife’s father at a low interest rate (lower than the...
30 June 2015   (0 Comments - view/add)
Does section 7(8) apply where a resident lends to a foreign trust at an interest rate below prime? »
Author: SAIT Technical Q : If a South African resident loans money to a foreign trust and raises interest on this loa...
24 June 2015   (0 Comments - view/add)
Which SARS PAYE code will the reimbursive travel allowance fall under? »
Author: SAIT Technical Q: Currently the employer reimburses the employee at a higher rate than what SARS prescribes,...
24 June 2015   (0 Comments - view/add)
How do I submit my tax return if my employer passed away and never gave me an IRP5? »
Author: SAIT Technical Q: I was employed by a close corporation during the period 1 March 2014 until 28 February 2015...
24 June 2015   (0 Comments - view/add)
What are the tax implications of receiving foreign dividends from listed shares? »
Author: SAIT Technical Q: A South African individual taxpayer owns shares in a foreign property development company...
24 June 2015   (0 Comments - view/add)
A portion of a monthly payment to a PBO is a donation: is it deductible under section 18A? »
Author: SAIT Technical Q: We have a client which is a registered PBO in terms of section 30 of the ITA and has appro...
24 June 2015   (0 Comments - view/add)
Can a taxi business register for VAT? »
Author: SAIT Technical Q: A taxi business purchased a property, in order to run its sedan taxi business from there....
24 June 2015   (0 Comments - view/add)
5 year old error in a VAT return: does section 98(1)(d)(ii) of the TAA apply? »
Author: SAIT Technical Q: The taxpayer (a company) is a VAT Vendor. During its statutory audits (2007/2008), audit j...
24 June 2015   (0 Comments - view/add)
Does farming income distributed by a trust to a beneficiary retain its original nature? »
Author: SAIT Technical Q: I have a farming trust, which distributes taxable farming income, to another (rental) trus...
17 June 2015   (0 Comments - view/add)
Are travel reimbursements considered ‘remuneration’ for UIF purposes? »
Author: SAIT Technical Q: Travel allowance (SARS code 3702) is taxed on assessment and is not subject to PAYE. As UI...
17 June 2015   (0 Comments - view/add)
Are non-resident beneficiaries taxable on the capital distribution from a resident trust? »
Author: SAIT Technical Q: Will non-resident beneficiaries be liable for tax on the capital distribution from a resid...
17 June 2015   (0 Comments - view/add)
Must landlords supply tenants with IT3(b)’s for interest on rental deposits? »
Author: SAIT Technical Q: I understand that as from February 2015 SARS require landlords to supply tenants with IT3(b...
17 June 2015   (0 Comments - view/add)
RAF deduction: must you first deduct travel expenses from non-retirement funding income? »
Author: SAIT Technical Q: Does one first deduct the travel ‘deduction’ from gross non-retirement funding income in or...

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