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SARS gets tough on tax practitioners
During this week SARS created discomfort amongst many tax practitioners when a warning letter was issued to certain tax practitioners who have outstanding tax returns and debt. Some practitioners are of the opinion that “SARS now uses the tax practitioner database for enforcement purposes”.
In order to understand the SARS reaction, it is important to familiarise one with the two most prominent dilemmas which they currently face when it comes to tax practitioners:
- More or less 10% of registered tax practitioners are not compliant with tax laws in their personal capacities.
- South African tax practitioners owe SARS more than R35 million in outstanding taxes.
SARS acknowledge that tax practitioners fulfil an important function in the tax system and work tirelessly to build an enhanced relationship with practitioners. It is therefore time for us to appreciate SARS’ endeavours and to take hands in making South Africa a better place for all.
Yours truly,
Stiaan Klue
Chief Executive |
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VAT rulings removed
Deloitte VAT
Sars has issued a statement stating that certain VAT rulings are to be withdrawn from 1 August 2009.
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SARS gets tougher on customs valuations
Jed Michaletos and Olebogeng Ramatlhodi (Deloitte)
In light of recent shortfalls in revenue collection, Sars is expected to look more closely at the value declared by importers on importation of goods, particularly between related parties.
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SARS explains witholding of refunds
Amanda Visser
The 2008 tax assessment process has not been adequately explained, leading to unnecessary frustration on the part of taxpayers. The situation won't be repeated this year.
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Western Cape may get fuel tax
Sapa
The Western Cape's DA government is looking at introducing a tax on fuel to help subsidise the cost of maintaining the province's road networks.
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Futuris Corporation v Commissioner of Taxation [2009] FCA 600
Professor R C Williams
As with the general anti-avoidance rule in our Income Tax Act, the counterpart in Australia’s Income Tax Assessment Act provides that the anti-avoidance powers of the revenue authorities are triggered if, inter alia, the scheme in question resulted in a “tax benefit” for the taxpayer.
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ITC 1836 (2009) 71 SATC 115
Professor R C Williams
Section 1 of the Income Tax Act 58 of 1962 contains a lengthy (though inclusive, not exhaustive) definition of “trading stock”. It is a concept of fundamental importance for the income tax system for several reasons.
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SAIT influences changes in provisional tax legislation
Technical Department
National Treasury this week issued the response document on the submissions made by stakeholders to the draft Taxation Laws Amendment Bills, 2009.
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Interpretation note No. 49: Value-Added Tax Act, 1991
SARS Legal & Policy
SARS released interpretation note No. 49 relating to the Value-Added Tax Act on 29 July 2009.
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Latest: Practitioners' Issues Update
SARS Practitioner's Unit
The latest practitioners' issues list...
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Binding Private Ruling No. 041
SARS ATR Division
This ruling deals with whether the de-grouping deemed disposal rules contained in section 45(4) of the Act will be applicable in circumstances where a company, which transferred certain identified assets...
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Binding Private Ruling No. 040
SARS ATR Division
This ruling deals more specifically with the timing as to when the liability to withhold employees’ tax arises in relation to a gain realised by an employee upon the vesting in such employee of a “restricted equity instrument” falling within the ambit of section 8C of the Act.
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Discussion Document: Proposed VAT Apportionment Methodology for Category A Municipalities
SARS: Legal & Policy
SARS released a discussion document on the proposed VAT apportionment methodology for category A municipalities.
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What do you think of the SARS website?
SARS
SARS released a survey to rate its website.
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Tax legislation on the tax treatment of bribes - 2009 update
OECD
An updated summary of the tax treatment of bribes by the Parties to the Convention and Observer countries.
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Recommendation: Council on Tax Measures for Further Combating Bribery of Foreign Public Officials
OECD
The OECD Council adopted on 25 May 2009 a new Recommendation, that succeeds to the 1996...
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A tax tool to help business
Taxation Institute of Australia
The Australian Tax Office has designed a program to help small businesses in Australia check whether their business practices are helping them meet their tax obligations.
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