Davey’s Locker

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...

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...

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...

Editor’s Note: In this first newsletter for 2023 we consider the following: Practice Note (PN) 31 of 1994 to be possibly withdrawn Corporate assessed loss limitations time-aligned to corporate tax rate reduction Foreign Pension trust (FPT) continued: Donations tax and...

Editors Note: In this seventh newsletter for 2022 we consider the following: C.SARS v The Thistle Trust Judgement – CGT downside for multiple trust structures First Tax Ombud’s Term of Office Expires SARS BCR 080 Revisited: Foreign Pension Trust and Estate Duty SARS...

Editors Note: In this sixth newsletter for 2022 we consider the following: Foreign Pension Trust – SARS Advance Tax Ruling (ATR) Two-Pot Retirement System & Tax The Model v SARS – 211/2021 (judgment 20 June 2022), ZASCA Post Facto Public Domain Information and...

In this fourth newsletter for 2022 we consider the following: Distributions to Non-Resident Trusts not permitted; Game Farming, Cash Heists and Tax; Interpretation Note 58 (Issue 3): The Brummeria case and the right to use loan capital interest free, revisited and...

In this fourth newsletter for 2022 we consider the following: Multiple Annuities and PAYE; Change of Tax Residence – Procedural Tax Timing Issues and Section 9H; Withdrawing Retirement Benefits as a Non-Resident – The Three-Year Rule; Home Bond Interest Deduction...

The office of the Tax Ombud (OTO) has published in 2022, a draft Compendium of Taxpayers’ Rights, Entitlements and Obligations vis-à-vis SARS. This is not a legally enforceable Bill of Rights but a compilation of principles contained in the Constitution, Tax...

1. INDIVIDUALS The maximum marginal rate for natural persons remains at 45% and is reached when taxable income exceeds R1 731 600 (previously R1 656 601). The minimum rate of tax remains at 18% on taxable income not exceeding R226 000 (previously R216 200). The...

The Pretoria High Court held that having regard to the nature of the case and the legal and constitutional questions involved, that this was an appropriate case in which a substitution of the decision of SARS to refuse access to information should be made. SARS was...

I note with sadness the passing of Costa Divaris which marks the end of a tax era. Costa was a doyen of the tax world being a co-author of various tax publications including the original standard authority on tax, Silke on South African Income Tax. Costa’s monthly tax...