It is common practice in many multinational organisations for employees to render services in more than one country. In the case of South African tax residents working abroad on long-term assignments, the recent announcement in the 2013 budget regarding proposed changes to the foreign earnings exemption may potentially affect their South African tax liability in relation to foreign-earned remuneration.
Category: Tax Administration
Courts reel in SARS ‘fishing expeditions’ against taxpayers
Source: Evan Pickworth (BusinessDay live) OPEN-ended fishing expeditions by the South African Revenue Service (SARS) could come under attack as court actions begin to mushroom against tax assessments in South Africa, a tax conference heard on Wednesday.
Tax act could be subject to litigation
Source: Evan Pickworth (BusinessDay live) It may take a long time to bed down what the new Tax Administration Act means because there are a host of sections which could be subject to litigation, according to high court judge and government tax review head Dennis Davis.
Does Sars invade your privacy?
Behind the Taxman’s controversial warrantless search powers. Finding a balance between taxpayers’ rights and Sars’s powers to search premises can prove difficult, especially in cases where a tax official does not have a warrant. The “warrantless search and seizure”, a controversial new power introduced in the Tax Administration Act that came into effect last year, has been debated at length since it was first proposed a couple of years ago. The criticism against the provision stems from fears that a warrantless search could infringe certain constitutional rights of taxpayers such as taxpayers’ right to privacy or fair administrative action.
Consideration for the surrender of a right to acquire shares
Section 8C under the spotlight. The South African Revenue Service (Sars) issued Binding Private Ruling 147 (ruling) on 14 May 2013. It deals with the tax treatment of compensation received by an employee for the surrender of a right to acquire shares under s8C of the Income Tax Act, No 58 of 1962 (Act).
SARS catching up with the Mpisanes
The SA Revenue Service (SARS) has been granted permission to seize five properties belonging to Shauwn and Sbu Mpisane, it was reported.Mpisane’s firm had history with tax returns Mpisane’s firm had history with tax returns. Mpisane lawyers accuse prosecution of suppressing information Mpisane lawyers accuse prosecution of suppressing information The five properties were in a trust which would be held by SARS pending the outcome of an ongoing investigation into the couple’s business and personal financial affairs, The Mercury reported.
Recognition of the controlling bodies of tax practitioners?
The Tax Administration Act, 2011, has been amended to require tax practitioners to register with a recognised controlling body by 1 July 2013, in addition to the existing requirement that they register with SARS. This amendment is intended to provide a framework that will ensure that tax practitioners are appropriately qualified and that a mechanism is available, both to taxpayers and SARS, to address misconduct.
Safeguard Against Penalties With A Tax Opinion
South African Revenue Services (SARS) may raise understatement penalties if prejudice has been caused to them or the fiscus. Penalties can be imposed at 25% or 50% in the case of a ‘substantial understatement’. There are however circumstances when, notwithstanding that the taxpayer has erred, SARS will remit the penalty if the taxpayer is in possession of an opinion by a registered tax practitioner.
Do you know your rights as a taxpayer?
Concern over lack of remedies when Sars oversteps. Despite constructive regulatory changes in the tax administration environment, there are concerns about the lack of cost effective remedies for taxpayers in cases where the South African Revenue Service (Sars) fails to comply with its obligations.
Taxman tightens noose in cash hunt
Last year, SARS collected R12-billion less than its initial target. New regulations to gather more “intelligence” from third parties are set to pull the noose tighter around tax-evaders and those who simply keep sloppy records.