Legal and Policy - 3 March 2022
Description
SARS:
- 1 March 2022 – Customs Weekly List of Unentered Goods
- 1 March 2022 – The SARS Third Party Data Annual Submissions process for the period 1 March 2021 – 28 February 2022 opens on 01 April 2022 and will close on 31 May 2022. For more information, please visit the Third Party Data Submission Platform webpage.
- 1 March 2022 – Taxpayers can apply for a Financial Year End (FYE) change of their Corporate Income Tax (ITR14) return. The webpage, Keeping my business details up to date, provides the relevant steps for different types of companies.
- 28 February 2022 – National Legislation
2022 Draft Rates and Monetary Amounts and Amendment of Revenue Laws Bill (amended 25 February 2022)
- 28 February 2022 – SARS today releases trade statistics for January 2022 recording a preliminary trade balance surplus of R3.55 billion. These statistics include trade data with Botswana, Eswatini, Lesotho and Namibia (BELN). The year-to-date (01 January to 31 January 2022) preliminary trade balance surplus of R3.55 billion is a deterioration from the R12.98 billion trade balance surplus for the comparable period in 2021. Exports increased by 17.6% year-on-year whilst imports increased by 29.6% over the same period.
The R3.55 billion preliminary trade balance surplus for January 2022 is attributable to exports of R130.12 billion and imports of R126.57 billion. Exports decreased by R25.04 billion (16.1%) between December 2021 and January 2022 and imports increased by R0.43 billion (0.3%) over the same period.
See the full media statement here.
Visit the Trade Statistics webpage.
- 25 February 2022 – Assets belonging to a practice of two diagnostic radiologists have been attached by the Sheriff of the High Court over outstanding returns and a tax debt of R52-million owed to the South African Revenue Service (SARS).
The directors of the practice at Louis Pasteur Hospital in Pretoria, Drs Mkhabele and Indunah Diaganostic Radiologists Inc, are Dr Zulu Mkhabele and Dr Mevis Ponde.
The taxpayer applied to SARS for a compromise which was declined. The letter of decline was sent to the taxpayer together with a new final demand letter. The taxpayer did not respond to both the final demand and decline letter.
See the full media statement here.
- 25 February 2022 – The implementation of the new RLA system was initially designed to cater only to clients submitting new applications. Clients who were already registered on the old system, i.e. via a DA185 application were not required to re-register on the new RLA system. The system was designed on a first-in-first-out principle and clients that required re-registering on the new RLA system would severely impact the turnaround times (TAT) of new applications due to operational capacity constraints. For more information, see our letter to Trade.
- 25 February 2022 – The guide on How to complete the Income Tax Return ITR14 for Companies has been updated to include clarity on the Financial Year End and Financial Statements required.
- 24 February 2022 – The South African Revenue Service (SARS) has noted with concern the arrest of two SARS employees on allegations of extortion after the two employees demanded money from a taxpayer in return for reducing or cancelling the taxpayer’s debt.
The taxpayer alleges he received a call from a SARS employee last week and was invited to a meeting. After arriving the taxpayer grew suspicious and contacted the South African Police Service (SAPS), who subsequently planned a sting operation with the taxpayer, leading to the arrest of the two employees. In collaboration with the SARS Anti-Corruption Unit, the matter was handed over to the Directorate for Priority Crime Investigations (Hawks).
SARS Commissioner Mr Edward Kieswetter condemned in the strongest terms the alleged conduct of the employees and issued a strong warning to employees and taxpayers who collude to defraud SARS.
See the full media statement here.
- 24 February 2022 – The policy, Invoice Requirements for Customs, has been updated. The amendments include the time periods in which clients may request Customs to furnish reasons for an action and in which Customs must respond to such a request to align with Rules 77H.02(4) and 77H.02(5).
NATIONAL TREASURY:
- Provisional Financing Figures as at 28 February 2022 – 2 March 2022
- Statement of the National Revenue, Expenditure and Borrowing as at 31 January 2022 – 28 February 2022
Preferential Procurement Regulations, 2017 – Minister of Finance v Afribusiness NPC [2022] ZACC 4 – 25 February 2022 - 2022 Draft Rates and Monetary Amounts and Amendment of Revenue Laws Bill – 25 February 2022 – 25 February 2022
OECD:
- Jamaica's Marlene Nembhard-Parker appointed Co-chair of OECD/G20 Inclusive Framework on BEPS - 1 March 2022
- Global Forum launches new Train the Trainer regional programmes - 1 March 2022
- Bahrain and Romania deposit instruments for the ratification of the Multilateral BEPS Convention - 28 February 2022
- OECD releases third batch of transfer pricing country profiles - 28 February 2022
- Building an Investment Tax Incentives database - Methodology and initial findings for 36 developing countries - 24 February 2022
ATAF:
- 7 results of ATAF’s African Tax Outlook publication – 28 February 2022
- Tribute to Agnes Kanyangeyo – 26 February 2022
- 11th AFTA Country Correspondents Conference – 26 February 2022
- Tax training exceeded our expectations’ – ATAF Members – 24 February 2022
TAX OMBUD:
- Fairness For All: Case 12 – February 2022
SAFLII:
- Square Root Logistics (Pty) Ltd v The Commissioner for the South African Revenue Services and Others [2022] ZAKZDHC 11 (28 February 2022)
- F Taxpayer v Commissioner for the South African Revenue Service (IT 45842) [2022] ZATC 1 (25 February 2022)
SARB:
- Exchange Control Circulars:
- Exchange Control Circular No. 4/2022 - Statement on exchange control
- Exchange Control Circular No. 5/2022 - Export of multi-listed domestic securities by private individuals
- Exchange Control Circular No. 6/2022 - Online foreign exchange trading activities of residents
- Exchange Control Circular No. 7/2022 - Retention of foreign gifts and other authorised foreign assets abroad
- Exchange Control Circular No. 8/2022 - Capital transfers: private individuals resident in South Africa
- Exchange Control Circular No. 9/2022 - Inward listing on South African exchanges
- Exchange Control Circular No. 10/2022 - South African institutional investors
- Exchange Control Circular No. 11/2022 - Foreign direct investment South African companies
- Exchange Control Circular No. 12/2022 - South African holding company for African and offshore operations
- Exchange Control Circular No. 13/2022 - Remaining cash balances of private individuals who have ceased to be residents for tax purposes
Author | SAICA |
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Date | 2022 Legal and Policy |