Author: Rigard Sevenster (Fiduciary Specialist at Glacier by Sanlam.) Many financial planners, and the general public at large, have expressed concern regarding when and to what extent they or their trust is liable for capital gains tax (CGT). Knowing the different tax treatments will assist in choosing how to structure your estate and trust more effectively. In this article we highlight some of the most important differences in CGT from either a trust or an individual’s perspective.
Category: Income Tax
Income protection policies: tax deduction for premiums to be abolished from 1 March 2015
Employees earning remuneration are generally prohibited from claiming tax deductions for any expenditure other than those items listed in section 23(m) of the Income Tax Act (58 of 1962). This is in contrast to persons carrying on a trade independently of an employer.
Taxpayer's rights on SARS audits
The Tax Administration Act, Act 28 of 2011 (the TAA) came into effect on 1 October 2012. Its promulgation brought with it many changes to not only taxpayers’ rights and obligations but the reciprocal rights and obligations on the part of the South African Revenue Service (SARS) in its continuous business of revenue collection. Some of the amendments and repeals of sections previously contained in the Income Tax Act No. 58 of 1962 (the Act) have seen a welcome improvement in taxpayers’ rights. One of these improvements is contained in section 42 of the TAA.
Sale of shares – capital v revenue
Background ITC 13003 [2013] involved the disposal of shares by a taxpayer and whether the proceeds realised constituted gross income and were of a revenue nature. The taxpayer happened to be a Special Purpose Vehicle and it was argued that the proceeds of the sale of shares were of a capital nature. There were also additional costs incurred which were closely associated with the acquisition of the shares in question. These costs incurred were the so-called ’equity-kicker’ and ‘indemnity costs’.
Employee Tax – ligation cannot be contractually varied
The decision of the Johannesburg Labour Court in Naidoo v The Careways Group (Pty) Ltd [2013] ZALCJHB 96, in which judgment was handed down on 29 May 2013, affirms a clear principle – the obligation of an employer to deduct employees’ tax in respect of remuneration cannot be varied by an agreement between these two parties. The rationale is beyond doubt – the obligation to deduct tax is laid down in the Income Tax Act (the Act) and overrides any contract to the contrary.
Determining A 'Group Of Companies' For Purposes Of The Corporate Rules
Author: Andrew Lewis (CliffeDekkerHofmeyr) The Income Tax Act, No 58 of 1962 (the Act) contains a definition of a ‘group of companies’ in s1 of the Act. However, a narrower definition of the term ‘group of companies’ is contained in s41 of the Act, which applies to certain corporate tax roll-over rules and other provisions contained in the Act. It is important to identify which companies fall within the different definitions of a ‘group of companies’ in order to determine whether one qualifies for the applicable tax relief.
‘Unemotional data’ Show SA’s Tax Rate Compares Well With World Average
Author: Amanda Visser (BusinessDay) South Africa has improved its ranking in the ease of paying taxes for a typical small and medium-sized company from 32nd to 24th, a position it last held in 2011, mainly due to the success of the electronic filing system for individuals and companies and the reduction in the total tax rate. South Africa’s total tax rate of 30% compares favourably with the world average of 43% and Africa’s 52.9%, placing it in the 53rd position out of 189 economies that were measured in the Paying Taxes 2014 report released by the World Bank and professional services firm PwC.
Czech-mate: Sars closes in on Krejcir
Czech businessman Radovan Krejcir. File photo: Thobile Mathonsi Johannesburg – Twelve people dead, two on trial and one fighting extradition. They all have one thing in common: convicted Czech fugitive, Radovan Krejcir. But South African law enforcement haven’t been able to nail him for violent crime yet, so they went after him Al Capone style – for tax evasion. Around 4pm on Friday, the SA Revenue Service served Krejcir with a preservation order which stated that all his assets had been placed under the control of a curator.
SARS warns about ‘guaranteed refunds’
By Angelique Arde Beware of anyone who “guarantees” you a tax refund on submission of your tax return.This week, the South African Revenue Service (SARS) warned taxpayers of an increase in fraud involving “tax consultants” or intermediaries who promise clients substantial refunds in return for a 50-percent cut of the refund.
SA model has to explain expensive gifts to SARS
Cape Town – A South African swimwear model, Candice van der Merwe, may be summoned to the Cape High Court to explain the origins of $15.3m (R155m) she claims was a gift from an unnamed Arab admirer. Van der Merwe says the astounding sum was a gift from “a companion” she met at a private Seychelles resort.