Tax neutral asset for share transactions
The Income Tax Act contains various provisions in terms of which transactions can occur between specified parties without adverse tax consequences being incurred in respect of those transactions. These provisions are contained in sections 41 to 47 of the Income Tax Act and are generally known as the “group relief provisions”. Apart from certain value-shifting and general […]
How the VAT Act affects employee cost recoveries
Companies are often faced with the dilemma where employees are employed in one group entity, but another group entity pays the salaries of those employees. This is often a challenge brought on by practical reasons, amongst others, only managing one payroll system group-wide, instead of a separate payroll system for each company. The payor company […]
What Happens When Debt is Waived?
Many natural persons or trust shareholders in companies are confronted with the unintended tax consequences of owing an amount on a loan account to the company in which they hold those shares. These tax consequences specifically relate to the “deemed dividend” which arises on interest-free loans (related to so-called “debit loans” in companies). In many cases, there is no intention to ever repay the […]
Beware of scams during filing season
In late August 2020, a large credit bureau in South Africa was the target of a data breach where millions of private individual and company data records were compromised. This data leakage, coupled with the tax filing season, makes for the perfect opportunity for taxpayers’ information to be abused, subjecting taxpayers to potential financial loss. Scammers thrive on the inherent vulnerability of taxpayers during the tax season and know how to capitalise on the taxpayers’ struggles in dealing with […]
Scammers posing as SARS officials are on the rise
In late August 2020, a large credit bureau in South Africa was the target of a data breach where millions of private individual and company data records were compromised. This data leakage, coupled with the tax filing season, makes for the perfect opportunity for taxpayers’ information to be abused, subjecting taxpayers to potential financial loss. […]
What happens when debt is waived?
Many natural persons or trust shareholders in companies are confronted with the unintended tax consequences of owing an amount on a loan account to the company in which they hold those shares. These tax consequences specifically relate to the “deemed dividend” which arises on interest-free loans (related to so-called “debit loans” in companies). In many cases, there is no intention to ever repay the […]
Is SARS wriggling out of its obligations?
Section 45 of the Value-Added Tax Act makes provision for the payment of interest on delayed VAT refunds. In terms of section 45(1) of the Act, the South African Revenue Service (“SARS”) must, within 21 business days after the date on which the vendor’s return in respect of a tax period is received, refund the vendor. This is provided that […]
Bursaries and scholarships: The tax rules are changing
Over the past several years, many employers and employees have made use of the beneficial tax treatment of bursary and scholarship schemes, as provided for in the Income Tax Act. The Act contains provisions that provide an exemption in respect of bona fide bursaries or scholarships granted by employers to employees or relatives of qualifying […]
Pasop vir swendelary tydens die belastingseisoen
Aan die einde van Augustus 2020 was ‘n groot kredietburo in Suid-Afrika die teiken van ‘n data-inbraak waartydens miljoene privaat datarekords van individue en maatskappye gekompromitteer is. Sulke data-lekkasies, tesame met die belastingindiening seisoen, bied die ideale geleentheid vir die misbruik van belastingbetalers se inligting en kan lei tot moontlike finansiële verlies. Die inherente kwesbaarheid van belastingbetalers se onderhandelinge met die SAID en die algemene vrees vir die belastingproses is die swendelaar se brood en botter – en […]
Belastinggevolge van leningsrekeninge wat met dividendbetalings afgehandel is
Ingevolge die Wet op Belastingadministrasie kan die Suid-Afrikaanse Inkomstediens (SAID), in antwoord op ’n aansoek, bindende privaatmenings (BPR) uitreik en duidelik maak hoe die Kommissaris die bepalings van die belastingwette sou interpreteer en toepas met betrekking tot ’n spesifieke voorgestelde transaksie. BPR 346 bepaal die inkomstebelasting en dividendbelasting–gevolge van die aflossing van binne-groeplenings by wyse van verrekening teen betaalbare dividende. Die […]