INVITING TECHNICAL TAX PROPOSALS FOR ANNEXURE C OF THE 2015 BUDGET REVIEW

taxI. Background
The National Treasury invites taxpayers, tax practitioners and members of the public to submit any technical proposals to improve or correct current tax legislation, including the closing of loopholes and addressing of unintended anomalies. Proposals received will be considered for possible inclusion in Annexure C of the 2015 Budget Review, released as part of the 2015 Budget Review.

The Minister of Finance generally only makes tax announcements in his Budget
Speech. The Budget Review provides more details, including on other matters for
the upcoming tax legislation. Major tax proposals are contained in one of the
chapters (normally Chapter 4), and minor or miscellaneous proposals are
generally contained in an annexure called Annexure C of the Budget Review.
The proposals requested in this invitation are for Annexure C only, and not for
any major tax proposals, and hence must be limited to unintended anomalies,
loopholes and technical matters requiring correction in existing tax legislation.
Any other correspondence on a tax policy matter or major tax proposal should be
addressed (under a separate cover) to Ms Yanga Mputa, Chief Director: Legal
Tax Design: Tax Policy Unit; email: yanga.mputa@treasury.gov.za.

II. Criteria
Proposed Annexure C changes must fit within the current tax policy framework,
and must take into account potential revenue implications, as Annexure C
proposals are not intended to have a significant revenue impact. It should further
be emphasised that the timeframe for tax legislation remains limited. We
therefore request that only issues that are of main concern and priority should be
submitted. So please keep submissions brief and limit to a few key issues. That
said, only critical matters will be considered with each matter being prioritised
against other legislative tax proposals.

III. Format
Please submit your proposals in the required format so that we can properly
assess their merits and importance vis-à-vis other proposals. More specifically,
each proposal should contain: (i) the legal nature of the problem, (ii) a “detailed”
factual description of the relevant transaction (very important!), and (iii) the
nature of the businesses impacted by the problem.
All proposals should be grouped in topic areas for ease of review. These
groupings should be divided as follows: (i) income tax – individuals, employment
and savings, (ii) income tax – domestic business, (iii) income tax – international,
and (iv) other taxes (e.g. value-added tax, mineral and petroleum royalty, etc.).

IV. Timing and workshop
Annexure C proposals should be submitted no later than 25 November 2014.
To facilitate the review process, it is intended that workshops will be held on 8
and 9 December 2014. The workshops will serve to clarify issues raised in the
written submissions and assist in the prioritisation of issues. Upon completion of
the workshops, recommendations for Annexure C will be transmitted to the
Minister of Finance for his consideration. Any major proposals received will not
be the subject of discussion at the workshops.

It should be noted that the mere discussion of proposals received before the
Budget is no guarantee that the proposals discussed will eventually be included
in the Budget Review. The final decision to include proposals is the prerogative
of the Minister of Finance and no further correspondence will be entered into
regarding the Minister’s response to proposals received.
Commentators’ formal responses to the Minister’s tax proposals normally follow
after the Budget, when hearings are held in Parliament in respect of the Budget,
as well as the legislation to give effect to the proposals.

Please forward written submissions to Nombasa Nkumanda at
Nombasa.nkumanda@treasury.gov.za and Adele Collins at acollins@sars.gov.za
by the close of business on 25 November 2014.

Yours sincerely

YANGA MPUTA
CHIEF DIRECTOR: LEGAL TAX DESIGN
TAX POLICY UNIT
NATIONAL TREASURY
DATE: 4 NOVEMBER 2014

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