Changes proposed by the Treasury in the Taxation Laws Amendment Bill follow international trends in tightening the net on the use of salaries disguised as dividends. According to the explanatory memorandum published by the Treasury recently, many share schemes hold pure equity shares where the sole intent of the scheme is to generate dividends for employees as compensation for past
Author: Nyasha Musviba
Taxation of public benefit organisations changed
‘Ruling could take parties unaware’ – Piet Nel. JOHANNESBURG – Public benefit organisations (PBOs) should take note of a new binding ruling issued by the South African Revenue Service (Sars), which could result in the loss of their tax exemption on business undertakings or trade activities. Last month, Sars issued a binding general ruling, which aims to provide clarity on the concept “substantially the whole”.
Plan for Tax on Foreign Services Questioned
The proposed introduction of a 15% withholding tax on consultancy, management and technical fees for services rendered by a foreign consultant or company to a South African firm has been described as “unworkable”. The tax was proposed in the Taxation Laws Amendment Bill at the end of last year and was aimed at protecting the tax base, as the fees generated local deductions and thereby gave rise to a potential erosion of the tax base, the Treasury said in its explanatory memorandum to the bill.
Youth Wage Subsidy Comes into Effect Youth Wage Subsidy Comes into Effect
The Employment Tax Incentive Act, commonly known as the youth wage subsidy, came into effect at midnight, SABC news reported on Wednesday. The government hopes the law will promote employment for young people and create jobs in special economic zones once legislation providing for them has been promulgated. In terms of the act, employers will receive a tax incentive to employ young workers for a maximum of two years under certain conditions
How SA’s tax system stacks up
By Ingé Lamprecht Worldwide ranking improves from 32nd to 24th position –World Bank & PwC report. JOHANNESBURG – South Africa’s worldwide paying tax ranking has improved over the past year due to the success of the eFiling system and the abolishment of secondary tax on companies (STC). According to the Paying Taxes 2014 report,
SA records R770m trade surplus
Johannesburg – South Africa recorded a R770m trade surplus in November after a R12.39bn deficit the previous month, data from the South African Revenue Service (Sars) showed on Monday. The data incorporates previously excluded trade with South Africa’s regional neighbours Botswana, Lesotho, Namibia and Swaziland, collectively referred to as BLNS. When stripping out trade with the BLNS countries, the trade balance showed a R9.24bn deficit for November, narrower than the R20.97bn shortfall for October. Exports in November, including regional trade, were up 5.3%, while imports were down 8.8%, Sars said.
International Tax – Exit charge CGT – Section 9H
The Taxation Laws Amendment Bill 39 of 2013 (the Bill) was tabled by the Minister of Finance on 24 October 2013. One of the interesting amendments in the Bill to the Income Tax Act 58 of 1962 (the Act) relates to the exit charge on interests in immovable property, especially in light of the recent amendments to the double tax treaty between South Africa and Mauritius, concluded on 17 May 2013.
VAT – Fixed property acquired from non-vendor
Although old news to some, there still seems to be little awareness regarding the interplay between value-added tax (VAT) and transfer duty, and the benefits stemming from the ‘not so recent’ amendments to the Value-Added Tax Act No. 89 of 1991 (the Act), as applicable to fixed property acquired by a VAT vendor from a non-vendor on or after 10 January 2012.
VAT – Tax Invoice
South Africa operates a value-added tax (VAT) system whereby the VAT charged by suppliers is subtracted from the VAT charged to customers to calculate the VAT payable or refundable. This system was established to relieve the trader entirely of the burden of the VAT payable or paid in the course of all his economic activities.
Tax Administration Act – Suspension of payment of tax
Any taxpayer who wishes to object to or appeal against an assessment issued by the South African Revenue Service (SARS) must be aware that their obligation to pay any tax under that assessment is not automatically suspended by virtue of the submission of the objection or appeal itself. Any taxpayer who wishes for an objection or appeal to first be concluded before paying the tax due under an assessment would have to lodge a separate request for suspension of payment of tax in terms of section 164 of the Tax Administration Act No. 28 of 2011 (the TAA).
