Davey’s Locker
RIGHT OF APPEARANCE IN TAX COURT EXPANDED
Editor’s Note: In this sixth newsletter for 2024 we consider the following: Right of Appearance in Tax Court Expanded ADR Process accelerated to Objection Stage Introducing a “new” Ground of Appeal, post original Objection SARS Interpretation Notes (INs), Draft Ins,...
CONSTITUTIONAL COURT CORONATION JUDGMENT
Editor’s Note: In this fifth newsletter for 2024 we consider the following: Constitutional Court Coronation Judgment Poulter v SARS: The next instalment (Guest Author) Dissipation of Tax Debt – Third Party Liability The new Two-Pot Retirement System, 1 September 2024...
RSA RESIDENT TRUSTS WITH NON-RESIDENT BENEFICIARIES REVISITED
Editor’s Note: In this fourth newsletter for 2024 we consider the following: RSA Resident Trusts with non-resident beneficiaries revisited Constitutional Court Tax Jurisdiction The Tax Court – Status and Representation Determined (Guest Author) Musings on SARS Advance...
SOFT LOANS TO NON-RESIDENT TRUSTS REVISITED – BUDGET REVIEW 2024
Editor’s Note: In this third newsletter for 2024 we consider the following: Soft Loans to Non-Resident Trusts revisited – Budget Review 2024 Constitutional Court judgments eagerly awaited in Thistle Trust and Coronation cases Foreign Employment PAYE Limitations Global...
BUDGET SPEECH 2024/25 TAX YEAR
In this newsletter we address salient features of the National Budget, 21 February 2024. Tony Davey – Editor | Duncan McAllister – Co-Editor | Werner Vos - Consultant (tonyd@harding.co.za www.daveyvos.co.za) INDIVIDUALS There are no changes to the rates of tax and...
Final Date for Provisional Taxpayers to Lodge their Income Tax Returns
Editor’s Note: In this first newsletter for 2024 we consider the following: ‘Two-Pot’ Retirement System implementation date 1 September 2024 The Thistle Trust v C: SARS, revisited Bona Fide Inadvertent Error – recent case Amendments to Section 7C Farewell Prof Lindsay...
‘TWO-POT’ RETIREMENT SYSTEM POSTPONED
EDITOR'S NOTES: In this seventh newsletter for 2023 we consider the following: ‘Two-Pot’ Retirement System Postponed PN31 Revisited : The Taxation Laws Amendment Bill, 1 November 2023 CFCs Foreign Business Exemption (FBE) revisited Ponzi Schemes : Capital Losses...
SECTION 9D(9)(b) FOREIGN BUSINESS EXEMPTION (FBE) FOR CONTROLLED FOREIGN COMPANIES (“CFC’S”) – THE SCA CORONATION CASE TRANSFORMS INTO LEGISLATION
Editor’s Note: In this sixth newsletter for 2023 we consider the following: Section 9D(9)(b) Foreign Business Exemption for Controlled Foreign Companies. Practice Note 31 revisited. Distributions of income to non-resident beneficiaries to be taxed in resident trusts...
PUBLIC INTEREST TRUMPS TAX PRIVACY – CONCOURT JUDGEMENT
(Arena Holdings (t/a) Financial mail v SARS and others, CCT 365/21 heard 23 Aug and 30 May 2023) Editor’s Note: In this fifth newsletter for 2023 we consider the following: Public interest trumps tax privacy – Concourt judgement. Offshore remittances from RSA by tax...
OFFSHORE REMITTANCES FROM RSA BY TAX NON-RESIDENTS – NEW TCS PROCESS
Editor’s Note: In this fourth newsletter for 2023 we consider the following: Offshore remittances from RSA by Tax Non-Residents – New TCS process. C,SARS v Coronation Investment Management SA (2023) ZASCA10 – Offshore Asset Management structure. Section 31...
REVISED DISPUTE RESOLUTION RULES
Editor’s Note: In this third newsletter for 2023 we consider the following: Stop Press – Revised Dispute Resolution Rules published. USP Penalties revisited: Thistle & Coronation SCA Judgments Domestic solar PV panels tax rebate and Business Deduction – Budget...
BUDGET SPEECH 2023/24 TAX YEAR
Editors Note: In this newsletter we address salient features of the National Budget, 22 February 2023. Tony Davey – Editor Duncan McAllister – Co-Editor Werner Vos - Consultant 1. INDIVIDUALS The maximum marginal rate for natural persons remains at 45% and is reached...