Davey’s Locker

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...

SARS establishes a high-net-worth unit The Minister of Finance announced in his Budget Speech 2021 that: SARS will establish a dedicated unit to improve compliance of individuals with wealth and complex financial arrangements. This would naturally, in my view, include...

The compulsory annuitization of benefits from a provident fund, despite a laboured birth since 2016, becomes a reality on 1 March 2021. See 212 tsh 2020. In essence, the harmonization of tax treatment of all retirement funds, whether pension, retirement annuity or...

Common reporting standards (CRS) SARS is receiving information and now acting on the CRS automatic exchange of information with eighty-seven foreign jurisdictions concerning RSA taxpayers with offshore investments. Special voluntary disclosure program (SVDP) In...

Change of tax-residency status I have already canvassed the criteria governing the change of residence of an RSA resident (see 192, 200 TSH 2019). In essence, one must have regard to: Any applicable double tax agreement. The case law on the expression ‘ordinarily...

Taxpayers raising the procedural defence of prescription to a notification from SARS demanding tax payment of an amount of some historic tax year must distinguish between a prescribed assessment and a historic tax debt, since different prescription periods apply. For...

Access upon emigration National Treasury has issued a draft Explanatory Memorandum on the Draft Taxation Laws Amendment Bill 2020, dated 31 July 2020. Under para 1.4 of the Explanatory Memorandum, the proposal is made to amend the definitions of a ‘pension...