23 November 2009 - ISSUE NO. 22
Unleashing your Innovation
and Creativity
· · ·  Free Workshop  · · ·
November - December 2009

2009 CPD Seminars on DVD





From the Editor
Oupa Magashula elected to chair new African tax forum

On Thursday, 19 November 2009, the Commissioner for the South African Revenue Service, Mr Oupa Magashula, was elected unanimously to act as the chairperson of the African Tax Administration Forum (ATAF) at its inaugural conference in Kampala, Uganda. Mr Magashula will head up a 10-member general council comprising of the heads of tax administrations of the elected countries.

In addition, the conference also unanimously voted for South Africa to host the secretariat of the new African tax body.

This vote of confidence in South Africa and our Commissioner is proof of the important role that South Africa plays on the continent. South Africa, as a main founder, will ensure that Africa builds effective and efficient tax administrations that can contribute to the economic development of the continent.

It is these significant achievements which make us feel proudly South African!

Thank you for making us proud Oupa!

Yours truly,
Stiaan Klue
Chief Executive
The tax burden: This is what you really pay
Ruan Jooste (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. Currently, 25% of individual taxpayers pay 75% of all personal income tax, which contributes close to 30% of total revenue to the fiscus.
Relaxation of the criteria for qualification as a small business corporation
Professor R C Williams
An important amendment to the Income Tax Act that was effected by the Taxation Laws Amendment Act 17 of 2009 was the relaxation of one of the previously troublesome criteria for qualification as a “small business corporation”.
Dividends are to be treated as income on the disposal of certain shares
Professor R C Williams
A new section 22B introduced by the Taxation Laws Amendment Act 17 of 2009 put in place an important new anti-avoidance measure linked to the proposed new dividends tax.
The 2009 amendments to the learnership allowance
Professor R C Williams
The learnership allowance provided for in section 12H of the Income Tax Act is intended to provide employers with a tax incentive for job creation and skills development.
SAIT in the Media: Filing season deadline
Communications Department
The chief executive, Stiaan Klue, was cited in Rapport on 22 November 2009 in respect of the filing season deadline for electronic returns.
CVs: Is yours well presented and thoroughly thought-out?
Membership Department
It's probably a while since most tax advisers and technicians refreshed their CV's. So for those who may have faced redundancy recently, what are the main things to think about. Charles Ferguson has a few ideas.
SAIT in the Media: Tax burden
Communications Department
The chief executive, Stiaan Klue, was cited in Finweek of 12 November 2009 in respect of the tax burden of South Africa.
SARS News
South Africa to chair new African tax forum
SARS
The Commissioner for the South African Revenue Service, Mr Oupa Magashula, was elected unanimously on Thursday as the chairperson of the African Tax Administration Forum (ATAF) at its inaugural conference in Kampala, Uganda.
New Binding Private Ruling No. 062
SARS: ATR Division
This ruling deals with whether any income tax, secondary tax on companies (STC), donations tax or capital gains tax (CGT) implications would arise where an off-shore holding company settles its South African subsidiary’s loan with a bank without requiring any quid pro quo from its subsidiary.
Updated SARS Guides
SARS
SARS updated the following guides with immediate effect...
African Tax Administration Forum launched on 19 - 20 November 2009
OECD
On 19-20 November the African Tax Administration Forum (ATAF) was officially launched by the President of the Republic of Uganda, His Excellency President Yoweri Museveni.
Obama tax proposals: Major changes ahead?
Tom Patten and Alexandra Helou (Tax Adviser, Chartered Institute of Taxation UK)
In May of this year, the Obama Administration released a number of international tax reform proposals (the Green Book) that, if enacted, would significantly impact United States federal taxation of international business. Some of the commentary in the Joint Committee on Taxation's report on the proposals does shed light on them, although unfortunately a number of questions remain outstanding.
OECD Revenue Statistics 2009 - briefing on tax policy, Tuesday 24 November 2009
OECD
On 24 November, OECD will publish the 2009 edition of its annual Revenue Statistics, which presents detailed comparable tax data in a common format for OECD countries from 1965 onwards.
Spain joins OECD/Council of Europe Convention on tax co-operation
OECD
Spain has joined 16 other countries that have signed the OECD / Council of Europe Convention on Mutual Administrative Assistance in Tax Matters, marking a new step forward in international efforts to combat tax fraud and evasion.
The South African Institute of Tax Practitioners (SAIT)

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