20 July 2009 - ISSUE NO. 5
Business Development & Marketing to Power your Business
Free Seminar
August to September 2009

SAIT National Conference
8 September 2009   (2 day event)

SARS v Taxpayers' Rights
3, 5 & 6 August 2009

New Companies Act and
Close Corporations
25, 26, 27 & 28 August 2009
15, 16, 17, 18 & 22 September 2009

SAIT Legislation Compendium
Compiled by: SAIT
Edited: Juta's Statutes Editors

Silke on Tax Administration
Authors: S Klue (Managing Author),
JA Arendse, RC Williams

Trusts: Law and Practice
Walter Geach with Jeremy Yeats (consulting editor)

Capital Gains Tax -
a Practitioner's Manual
RC Williams





From the Editor
Second National Tax Conference in South Africa

The Institute is proud to announce that the second National Tax Conference will be held in South Africa on 8 and 9 September in Johannesburg, with distinguished local and international speakers. The main theme of the conference is Tax Administration in an African Context and is a must for any tax practitioners who engage with SARS.

Speakers include Proff. Duncan Bentley (Australia), Chris Evans (Australia), Jackie Arendse, Madeleine Stiglingh, Henry Vorster, Lynette Olivier, Dr. Beric Croome, Veli Ntombela and Stiaan Klue.

For more information click here.

There are only 400 seats available. Register as soon as possible to avoid disappointment!

Yours truly,
Stiaan Klue
Chief Executive
Penalties imposed on a taxpayer: treble tax and interest
Lisa Oken (Moneywebtax)
The Income Tax Act, Act 58 of 1962, as amended, imposes various penalties on a taxpayer for default, omission, error or the late submission of tax returns. Section 75 creates various offences under the Act, for example, if a taxpayer submits a late return, fails to register as a tax practitioner for the relevant year of assessment, fails to submit any return or document so required or defaults in a material sense as is envisaged by that section.
Low-cost residential units: Fringe benefit
Michael Stein (LexisNexis)
Section 13sept of the Income Tax Act allows for amounts owing by employees to whom qualifying low-cost residential units have been sold by their employers on or after 21 October 2008 to be deductible.
CSARS & others v Moresport (Pty) Ltd & others (2009) JOL 23744 (SCA)
Editor
In September 2006, the second respondent issued a warrant in terms of section 6(1) of the Counterfeit Goods Act 37 of 1997. The warrant authorised the seizure, removal, detention and collection of 5 015 pairs of beach sandals incorporating and embodying a copyright design to which Crocs Inc was the copyright holder. Moresport successfully brought an application in the high court for an order setting aside the warrant, leading to the present appeal.
LG Electronics S.A. (Pty) Ltd v CSARS
Editor
The LG (applicant) imported plasma display screens, which it contended were video monitors. SARS (respondent) contended that the screens were television sets, or incomplete television sets. As such, the parties were in dispute about the correct tariff classification of the products for the purpose of customs duties. The appeal was directed against the Commissioner's determination that the tariff heading was 8528.12.30.
Advanced Diploma in International Taxation (ADIT) from 2010 in SA
Education and Training Department
The Institute identified the need for a qualification for South African tax practitioners to obtain recognition in the international tax community.
Reporting of system and operational issues experienced by tax practitioners
Technical Depertment
Tax practitioners can report operational and system issues by completing the Tax Practitioners' Issues List. The Institute represent practitioners on the SARS National Stakeholders meetings where operational and system issues are discussed.
SARS News
Contact Centre Operating Hours for Filing Season
SARS
The SARS contact centre's operating hours for filing season has been extended as follows: · August 17- September 11 - Open until 7pm · September 14 -18 (manual submission deadline) ...
Increased up-take of eFiling for VAT
SARS
Since the launch of our electronic filing facility, eFiling, in 2004, about 2 million South African taxpayers have migrated from manual filing to electronic filing. There has been a positive assessment of the eFiling service from the South African public, and based on the positive feedback we received, SARS is now embarking on increasing the number of eFilers for Value-Added Tax (VAT).
Customs and Excise Act: Amendment of Schedule No. 3
SARS
On 10 July 2009 schedule 3 to the Customs and Excise Act was amendmended by notice in the Gazette.
Updated Guides
SARS
SARS updated the following guides: · Pay As You Earn (PAYE) Guide: Completion of Employer Registration Application Form ...
Customs and Excise Act: Amendment of Schedule No. 1
SARS
On 10 July 2009 schedule 1 to the Customs and Excise Act was amendmended by notice in the Gazette.
The Cayman Islands and the Netherlands signed a bilateral agreement and an additional protocol
OECD
On 8 July 2009 in the Hague, the Cayman Islands and the Netherlands signed a bilateral agreement for the exchange of information for tax purposes and an additional protocol, bringing to 11 the number of such agreements entered into by the Cayman Islands.
Belgium makes progress implementing OECD standards on tax information exchange
OECD
Belgium has signed protocols to its tax conventions with Luxembourg,Singapore, San Marino, and the Seychelles as well as a tax convention with the Isle of Man and a tax information exchange agreement with Monaco.
Swiss threaten data seizure to stop US hunt for tax dodgers
Bloomberg
SWITZERLAND says it will seize UBS data to stop the US justice department pursuing a US court order seeking the identities of 52000 American account holders in a crackdown on tax evaders.
The South African Institute of Tax Practitioners (SAIT)

PO Box 73, Featherbrooke, 1746
Tel: +2711 662 2837
E-mail: info@thesait.org.za