9 November 2009 - ISSUE NO. 20
Unleashing your Innovation
and Creativity
· · ·  Free Workshop  · · ·
November - December 2009

2009/2010 Tax Update
10 & 19 November 2009

Deceased Estates
Abrie W; De Clercq B; Graham CR; Schoeman-Malan MC; Van der Spuy P; de Wet et al

Taxation of Individuals Simplified
De Hart KL; Basson N; Klue S

Estate and Financial Planning
Abrie W; Graham CR; Van der Linde A

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
Tax, tax and more Tax

Death and taxes may be inevitable but they shouldn't be related. In South Africa the extent of individual taxes and related hidden costs is putting immense pressure on individuals and might just kill them - financially, that is. With the poor healthcare system in South Africa, this may just become a reality!

Currently, 25% of individual taxpayers pay 75% of all personal income tax, which contributes close to 30% of total revenue to the fiscus. That is massive in anybody's terms and needs. Individual taxpayers are also subject to value added tax (VAT), capital gains tax (CGT), donations tax, estate duty, transfer duties and un-certificated securities tax (UST), just to name a few. That takes individuals’ contribution way above 60% - equal to more than half of their annual personal consumption spending.

The bad news is that Pravin Gordhan warned in the Medium Term Budget Policy Statement that South Africans may see tax increases in the near future and in addition, a separate tax is to be imposed on taxpayers to fund the development of broadcasting and the cash-strapped South African Broadcasting Corporation (SABC).

Although the net individual tax rate in South Africa is quite high compared to international standards, the real issue is the value for money and how effectively the money is spend – i.e. what taxpayers are actually get back. The Netherlands, for example, might have a higher marginal tax rate but it provides first-class retirement benefits and a high standard of free healthcare system.

The recent public outcry on the proposed additional “SABC tax” made it clear that South African taxpayers are starting to ask questions about their tax burden and the way in which their contribution to South Africa is managed. This will clearly put pressure on President Zuma to increase the value proposition for South African taxpayers. Jean Baptiste once said: “The art of taxation consists in so plucking the goose as to obtain the largest amount of feathers with the least amount of hissing.”

Yours truly,
Stiaan Klue
Chief Executive
Electronic funds transfer - when have you paid SARS?
Gary Vogelman and Caroline Rogers (EdwardNathanSonnenbergs Inc)
This article considers the question as to when a taxpayer has fulfilled the obligation to pay the South African Revenue Service ("SARS") if such payment is made via electronic funds transfer ("EFT").
Transfer pricing in a downturn economy
Okkie Kellerman (EdwardNathanSonnenbergs Inc)
As the economic downturn continues governments worldwide are coming under growing financial pressure as they are finding that their tax revenue is decreasing. Many companies have seen significantly reduced profits and some have even gone out of business. Individuals are earning less and unemployment is rising. All of this has resulted in less tax being collected and in response tax authorities have intensified their efforts to collect revenue, conducting more frequent audits and clamping down on tax avoidance and evasion.
A new tax regime for unit trusts and the holders of participatory interests
Professor R C Williams
A collective investment scheme is an investment vehicle operating on behalf of portfolio unit holders. It may be a collective investment scheme in securities (which used to be called a “unit trust” or “equity collective investment scheme”) or it may be a collective investment scheme in property.
The new “value extraction tax”
Professor R C Williams
With the pending phasing out of secondary tax on companies and its replacement by a dividends tax, has arisen the need for new anti-avoidance provisions to prevent the evasion of the dividends tax by various stratagems designed to extract value from the company in a way that does not constitute a “dividend”, as defined, and is therefore not subject to the dividends tax.
The Tax Burden. This is what you really pay
Finweek
Death and taxes may be inevitable but they shouldn't be related. In South Africa the extent of individual taxes and related hidden costs is putting immense pressure on individuals and might just kill them - financially, that is.
SAIT in the Media: Tax Administration Bill
Communications Department
The chief executive, Stiaan Klue, was cited in various newspaper articles last week in respect of the Tax Administration Bill released by SARS two weeks ago.
Call for comment: Discussion Document - Non-compliance with Section 11(3) of the VAT Act
SARS: Legal & Policy
SARS released a discussion document on 6 November in respect of a revised approach to the current VAT practice pertaining to output tax adjustments.
Call for comment: Draft Interpretation Note - Section 12C(1)
Technical Department
SARS released a draft interpretation note which discusses and clarifies the scope of the deduction allowable under section 12C for machinery or plant used in the production of cold air and chilling or freezing of perishable products.
SARS News
New Binding Class Ruling: BCR 011
SARS: ATR Division
This ruling deals with the income tax implications and principles attendant upon the granting of a conditional award in the form of an incentive bonus by an employer to a select category of employees.
New Interpretation Note 51: Pre-trade expenses
SARS: Legal & Policy
SARS released interpretation note 51 dealing with pre-trade expenses on 4 November. The note provides guidance when pre-trade expenses (sometimes also called start-up costs) will be allowed as a deduction for income tax purposes.
Updated Guide: Learnership Agreements
SARS: Legal & Policy
SARS released an updated guide on learnership agreements on 9 November. The guide provides general guidelines regarding the tax incentive of learnership agreements.
New Binding Class Ruling: BCR 012
SARS: ATR Division
This ruling deals with the income tax implications attendant upon the vesting of a restricted equity instrument as envisaged in section 8C of the Act and relief from double taxation in the hands of the recipient.
The South African Institute of Tax Practitioners (SAIT)

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