Davey’s Locker

The Tax, Shock, Horror Newsletter by Tony Davey

Late objections and appeals

Issue 5 of Interpretation Note 15 On 21 December 2018, SARS issued an updated Interpretation Note 15 (Issue 5). This pertains to the exercise of a senior SARS official’s discretion to condone a late objection or appeal. The legal principles underlying the relevant...

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Donations tax conundrums

Festive gifts It’s the festive season and ’tis the season for giving. Maybe it is coincidental that the topic of donations to political parties, high-profile persons and others features prominently in the press. Donations tax is levied by s 54 of the Income Tax Act,...

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Retirement Tax Fund

Provident fund annuitization I canvassed the harmonization of all retirement funds (pension, provident and retirement annuity funds) in 153 TSH 2015. In essence, as from 1 March 2016, contributions to such funds are treated similarly for tax purposes. Thus provident...

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Foreign trusts and CFCs

Proposed amendments in the draft bill The controlled-foreign-company rules, which deem the taxable income of a foreign company to be that of its RSA resident individual shareholders, notwithstanding the non-declaration of a dividend, have to date been easily...

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Natural Persons

Ordinarily resident status SARS interpretation note SARS has on 20 June 2018 reissued Interpretation Note 3 (Issue 2) (see 183 TSH 2018), setting out its interpretation of the expression ‘ordinarily resident’, appearing in the definition of ‘resident’ in s 1(1) of the...

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Section 7C – Soft Loans to Trusts

Section 7C – Soft Loans to Trusts

PRACTICAL CONSIDERATIONS Timing provisions—dates A ‘s 7C donation’, as from 1 March 2017, is regarded as being made to a trust on the last day of each year of assessment of the trust, that is, for the first time, on the last day of February 2018 (s 7C(3)(b) of the...

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Budget Speech 2018/2019

1. INDIVIDUALS The maximum marginal rate for natural persons remains at 45% and is reached when taxable income exceeds R1 500 000. The minimum rate of tax remains at 18% on taxable income not exceeding R195 850. The primary rebate for all natural persons has been...

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