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2021 Legal and Policy

Legal and Policy - 2 December 2021

Description

SARS:

  • 1 December 2021 - SARS’ vision for Government is to represent a model, first fiscal citizen of the country who demonstrates a culture of voluntary compliance.

Government Connect is a new monthly newsletter intended to improve communication with the government segment through regular updates. It will enable sharing of information on developments within SARS with the aim of empowering and supporting government to achieve and promote voluntary compliance. SARS will use it to communicate:

    • Key, current issues in the tax landscape
    • Reminders of current and upcoming filing priorities
    • Updates on Education programmes
    • Updates on SARS system changes, and
    • Introduction of new SARS products.

Read the newsletter here.

  • 1 December 2021 – Customs & Excise Act, 1964: The rule amendment notice, scheduled for publication in the Government Gazette of 3 December 2021, relates to advance foreign exchange payments.

Publication details will be made available later

  • 30 November, 2021 – The Commissioner of the South African Revenue Service, Mr Edward Kieswetter, after receiving carefully considered legal advice, as well as a strong recommendation from the relevant SARS governance committee, has agreed that SARS should apply for leave to appeal the judgement of 16 November 2021 in the Arena Holdings matter.

SARS is appealing the order and opposing the confirmation by the Constitutional Court of the unconstitutionality of the Promotion to Access to Information Act and Tax Administration Act.

The judgement as it currently stands, if left unchallenged, would undermine the sacrosanct principle of the confidentiality of taxpayer information, which is the bedrock upon which the work of SARS and other international revenue authorities is based.

“The public can be assured that SARS will defend the principle of confidentiality on behalf of every single taxpayer. Every taxpayer is equal before the law, and we will apply the laws relevant to SARS without fear, favour or prejudice,” says Commissioner Kieswetter.

As this matter is now before the courts, SARS will refrain from commenting further.

For further information, please contact SARS at SARSMedia@sars.gov.za

  • 30 November 2021 – SARS today released trade statistics for October 2021 recording a preliminary trade balance surplus of R19.78 billion, attributable to exports of R147.92 billion and imports of R128.14 billion.

View the full Media Release here.

Or visit the Trade Statistics webpage.

  • 29 November 2021 – The latest VAT Connect Newsletter was issued. It includes topics like Section 72 decisions, backdating of alternative methods of apportionment, incomplete applications for alternative methods of apportionment, rulings on electronic services issued under the 2014 Regulations, supply of a going concern, tax invoices, intermediaries – funeral policies, Customs documentation and registration required for exports and recent Publications.

See the VAT Connect Issue 13 here.

  • 29 November 2021 – On Friday we have communicated that as part of the Customs Modernisation Programme (CMP), authorised dealers in foreign exchange and currency, the South African Reserve Bank (SARB) and SARS are collaborating to combat illicit financial flows and customs valuation fraud associated with the misuse of advance foreign exchange payments in respect of goods to be imported.

A dedicated webpage was created today ‘Advance Import Payments’ where information will be hosted including a presentation to Industry, a letter to trade and on 3 December the new Guide and Policy will be added.

  • 26 November 2021 – As part of the Customs Modernisation Programme (CMP), authorised dealers in foreign exchange and currency, the South African Reserve Bank (SARB) and SARS are collaborating to combat illicit financial flows and customs valuation fraud associated with the misuse of advance foreign exchange payments in respect of goods to be imported.

On 3 December 2021, SARS will be implementing a new functionality on its eFiling platform for importers to notify SARS of their intention to apply to an authorised dealer for an advance foreign exchange payment in respect of goods to be imported. For more information, see the letter to Trade.

  • DA 260 – Tobacco products (SOS)
  • DA 260 – Tobacco products (VM)

Due date for public comment: 3 December 2021

  • 26 November 2021 – Tax Administration Act, 2011 – Public Notices
  • Notice 1531 as published in Government Gazette 45540 – Incidences of non-compliance by a person in terms of section 210(2) that are subject to a fixed amount penalty
  • Notice 1530 as published in Government Gazette 45539 – Notice in terms of section 25(7) extending the date for certain persons to submit income tax returns for the 2021 tax year to 2 December 2021

TREASURY:

OECD:

ATAF:

TAX OMBUD:

AuthorSAICA
DivisionLegal and Policy
Date2 December 2021