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2022 Legal and Policy

Legal and Policy - 19 May 2022

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SARS:

  • 18 May 2022 – The SARS Nigel branch is closed for visits until further notice. All virtual appointments will still be honoured. Our apologies for the inconvenience.
  • 17 May 2022 – As previously indicated, SARS is aware of issues with submitting disputes on eFiling that caused some disputes to be rejected. A fix was implemented on 13 May 2022 to address this matter. The team is working on resolving the remaining issues. SARS therefore advises that if you had submitted a dispute between 22 April 2022 and 14 May 2022 , that you check your dispute history on eFiling to verify if your dispute is reflecting as received or rejected. If the dispute is rejected , may you kindly submit this dispute to SARS again. SARS apologises for the inconvenience.
  • 17 May 2022 – Income Tax Act, 1962

Interpretation Note (IN) 120 – Prohibition of Deductions in respect of Certain Intellectual Property

  • 17 May 2022 – Tax Administration Act, 2011

SARSTC 24578 (ADM) [2022] ZATC JHB (8 April 2022)

  • Whether it is correct, lawful or appropriate for MB to deduct capital expenditure incurred at its AA mine from the revenue earned at its BB and CC mines
  • 17 May 2022 – Income Tax Act, 1962: Status overview of all DTAs and Protocols – Multilateral Convention to implement tax treaty related measures to prevent base erosion and profit shifting (MLI) Synthesised Texts

Cameroon and Thailand have been added to the list of treaty partners that ratified the MLI

SARSTC VAT 1826 (ADM) [2022] ZATC JHB (10 May 2022)

Whether the respondent has shown good cause for its default to timeously file the statement and whether the court should condone the late filing of the respondent’s statement in terms of Tax Court Rule 31 and direct that the appeal (against the imposition of understatement penalties) proceeds on the merits. If the failure is not condoned, whether default judgment in terms of Rule 56(1)(a), read with section 129 of the Act 28 of 2011 should be granted in favour of the applicant.

  • 13 May 2022 – Publication details for tariff amendment notice R.2081, as published in Government Gazette 46358 on 13 May 2022, are now available.
  • 13 May 2022 – Customs & Excise Act, 1964: Draft Amendment to Rule under sections 59A and 120

Draft amendment to rule 59A.01A – Submission of applications for registration and updating of registration details

Due date for public comment: 27 May 2022

  • 13 May 2022 – Customs & Excise Act, 1964: Draft Amendment to Form

Draft amendment to SAD 500 – Customs declaration form

Due date for public comment: 27 May 2022

  • 12 May 2022 – SARS wishes to make you aware of protests currently taking place in and around Musina. Frustrations around service delivery failures are said to be at the root of the protests and have led to burning of objects and blocking of roads, which might hinder travellers moving in and out of Musina through the Beit Bridge border post.

    At this point, the situation seems to be worsening, with police having fired rubber bullets near the Musina Mall to disperse crowds. In addition, the protests continue to take place sporadically at night.

    During this time, you are kindly advised to keep your vehicles in the truck parks around the border vicinity, and delay going to Musina until the protests have subsided. Travellers wanting to use the Beitbridge border post are advised that they may use the Groblers Bridge border post along the N11. Note that this is the only alternate border post in the Limpopo Province.

    We apologise for any inconvenience that may be caused during this time and appeal to all traders and travellers to avoid points of protest and keep safe.
  • 12 May 2022 – We are hiring! SARS is seeking to appoint a results driven, self-directed leader with a strong higher purpose and service orientation to assume the role of SARS Company Secretary. For more detail, see the job advertisement here.
  • 12 May 2022 – Income Tax Act, 1962

Binding General Ruling 30 (Issue 2) – Allocation of Direct and Indirect Expenses within and between an Insurer’s Funds

  • 12 May 2022 – Income Tax Act, 1962

Binding General Ruling 8 (Issue 3) – Application of the Principles Enunciated by the Brummeria Case

BGR 30 – Allocation of Direct and Indirect Expenses within and between an Insurer’s Funds

BGR 8 (Issue 2) – Application of the Principles Enunciated by the Brummeria Case

IN 119 – Deductions in Respect of Improvements to Land or Buildings not Owned by a Taxpayer

IN 102 (Issue 2) – Classification of Risk Policy

IN 59 (Issue 2) – Tax Treatment of the Receipt or Accrual of Government Grants

IN 58 (Issue 3) – The Brummeria Case and the Right to Use Loan Capital Interest Free

IN 102 – Classification of Risk Policy and the Once-off Election to Transfer Certain Policies or Classes of Policies Issued Before 2016 to the Risk Policy Fund

IN 59 – Tax Implications of the Receipt or Accrual of Government Grants and Government Scrapping Payments

IN 58 (Issue 2) – ​The Brummeria Case and the Right to Use Loan Capital Interest Free

  • 12 May 2022 – Dividends Tax

Comprehensive Guide to Dividends Tax (Issue 5)

  • 12 May 2022 – Customs & Excise Act, 1964

Draft amendment to Part 1 of Schedule No. 1 – Insertion of Additional Notes 5 and 6 to Chapter 87

Due date for public comment: 12 June 2022

  • 12 May 2022 – Customs & Excise Act, 1964: The tariff amendment notice, scheduled for publication in the Government Gazette, relates to the – imposition of provisional payment in relation to anti-dumping duties against the alleged dumping of spades and shovels of a maximum blade width of more than 150mm but not exceeding 200mm originating in or imported from the People’s Republic of China and the alleged dumping of spades and shovels of a maximum blade width of more than 200mm but not exceeding 320mm, picks, other rates (excluding those with not more than 8 prongs) and other forks, with a prong length exceeding 150mm originating in or imported from the Republic of India – ITAC Report 691 (up to and including 12 November 2022).
    Publication details will be made available later
  • 12 May 2022 – Companies Act, 2008
    Lutchman N.O. and Others v African Global Holdings (Pty) Ltd and Others; African Global Holdings (Pty) Ltd and Others v Lutchman N.O. and Others (1088/2020 and 1135/2020) [2022] ZASCA 66 (10 May 2022)
    Company law – business rescue – Companies Act 71 of 2008 – s 131(6) –interpretation – s 131(6) provides for the suspension of liquidation proceedings at the time a business rescue application is made – meaning of when business rescue application is ‘made’ – business rescue application must be issued, served by the sheriff on the company and the Commission, and each affected person must be notified of the application in the prescribed manner, to meet the requirements of s 131(6) in order to trigger the suspension of the liquidation proceedings – practice – judgments and orders – interpretation of order – applicable principles – determining the manifest purpose of the order – to be determined by also having regard to the relevant background facts which culminated in it being made

NATIONAL TREASURY:

OECD:

ATAF:

AuthorSAICA
DivisionLegal & Policy
Categories
Legal and Policy
Date19 May 2022