Legal and Policy - 15 September 2022

SARS:

• 4 September 2022 – SARS will host a webinar on Thursday 22 September 2022. As an important Small, Medium and Micro Enterprise stakeholder, you are invited to join us, and you may extend this invitation to other interested parties.

The details of the event are as follows:

Theme: Completion of VAT Return (VAT 201) for SMMEs
Date: Thursday, 22 September 2022
Time: 17:00 – 19:00
Platforms: YouTube – https://youtu.be/pJo_W9JNhDk

If you have questions about VAT, please send an email to vatquestions@sars.gov.za.

When taxpayers have clarity and certainty about their tax obligations, they will be in a better position to comply with their tax obligations.

The following topics will be covered:

· How to complete the VAT 201?

· Which supplies/services are taxable?

· What are the requirements of the Tax Invoice?

· What is the output tax?

· What is the input Tax?

· How do I calculate the interest and penalties?

· How do I understand my statement of account?

· What are the common Auding findings?

• 14 September 2022 – Employer Interim Reconciliation submission 19 September to 31 October 2022

This year, the Employer Interim Reconciliation Declaration (EMP501) submission period opens on 19 September 2022 and closes on 31 October 2022. Employers are required to reconcile their Monthly Employer Declarations (EMP201) for the first six months of a Reconciliation Year (1 March 2022 to 31 August 2022). These reconciliations are based on the Monthly Employer Declarations (EMP201) submitted, with the tax values of the interim IRP5/IT3(a)s certificates generated, accurate payroll information, employees’ tax (PAYE) payments made, thereafter an Employer’s Reconciliation Declaration (EMP501) is submitted. Click here for more information on the employer interim reconciliation submission.

• 13 September 2022 – On Friday, 16 September, eFiling may not be available between 18:00 and 23:00 due to ongoing maintenance. We apologise for the inconvenience.
• 13 September 2022 – Income Tax Act, 1962

Draft Interpretation Note 112 (Issue 2) – Section 18A: Audit certificate

Due date for comment: 14 October 2022

• 13 September 2022 – The facility code list SC-CF-19-A02 attached to the external policy has been revised. The details of the new facility: AG – Dachser South Africa (Pty) Ltd, have been added.

Registration Licensing and Designation – External Policy

• 13 September 2022 – Customs Weekly List of Unentered Goods
• 13 September 2022 – Income Tax Act, 1962: Tables of Interest Rates

Table 1 – Interest rates on outstanding taxes and interest rates payable on certain refunds of tax

Table 2 – Interest rates payable on credit amounts

• 12 September 2022 – Tax Directive Software Implementation

The South African Revenue Service (SARS) will introduce enhancements to the Tax Directives process as indicated in the communication published on 20 July 2022. The planned implementation date is scheduled for 16 September 2022, you will be notified should this date change.

• 12 September 2022 – SARS Customs and Excise is enhancing current systems with modern, automated systems to facilitate legitimate trade and travel.

The Refunds and Drawback process is being automated as part of this modernisation. Previous communication indicated that the system would go live on 19 September 2022. The implementation date has been postponed due to the following reasons:

1. To allow an additional period for trade testing.

1. To consider additional feedback from various stakeholders.

1. To allow additional time to make changes to the development of the system resulting from additional enhancements to the design.

For more information, see the letter to Trade.

• 12 September 2022 – Employer Interim Reconciliation Filing Season

Please be advised that in preparation for the opening of the Employer Interim Reconciliation Filing Season on 19 September 2022, the prepopulated liabilities reflected on the Reconciliation Declaration (EMP501) during the period 14 to 16 September 2022 may not be complete.

• This will only affect employers for whom a Revised Declaration (EMP201) was processed from 14 to 16 September 2022, for a month during the relevant EMP501 reconciliation period.

• Affected employers are advised to submit such a Reconciliation Declaration (EMP501) from Monday, 19 September 2022.

• 9 September 2022 – Value-Added Tax Act, 1991

Draft interpretation note – The value-added tax treatment of debt collection

Due date for comment: 7 October 2022

• 9 September 2022 – Customs & Excise Act, 1964

Amendment to rules under sections 19A and 120 – Substitution of form DA 185.4B1 in the Schedule to the Rules of the Customs and Excise Act, 1964 to provide for alcohol powder products (DAR238)

• 9 September 2022 – Customs & Excise Act, 1964: Publication details for tariff amendment notice R2467, as published in Government Gazette 46874 on 9 September 2022, are now available
• 8 September 2022 – Customs & Excise Act, 1964: The tariff amendment notice, scheduled for publication in the Government Gazette, relates to the –

Imposition of provisional payments in relation to anti-dumping duties against the alleged dumping of new pneumatic tyres of rubber, classifiable in tariff heading 40.11, originating in or imported from the People’s Republic of China – ITAC Report No. 700.

Publication details will be made available later

• 8 September 2022 – The Notice of Objection (ADR1) and the Notice of Appeal (ADR2) forms were converted from Adobe to an online format for ease of use.
• 8 September 2022 – With both trade unions, NEHAWU and PSA, having suspended the strike action to allow further engagement and agreement with SARS Management, I am glad to inform you that the cargo operating hours at all our ports will revert to normal, as they were before the strike action effective 09 September 2022. Should there be any changes related to the suspension of the strike, we will communicate this with you.
• For more information, see the letter to Trade.
• 8 September 2022 – The latest scam is an email with the subject ‘Pending Tax Returns Statement’ indicating that a credit was issued from eFiling. Please ignore this email and don’t click on any links. Be vigilant and rather ask us if in doubt. You can email phishing@sars.gov.za or visit the Scams & Phishing webpage to see the latest list of scams.

NATIONAL TREASURY:

• Media Advisory – Medium Term Budget Policy Statement Date Confirmation – 12 September 2022

OECD:

• Making tax dispute resolution more effective: New peer review assessments – 13 September 2022

SAFLII:

• Attieh and Others v The Commissioner for South African Revenue Services (33784/2019) [2022] ZAGPPHC 653 (6 September 2022)

SARB:

• Exchange Control Circulars:

Exchange Control Circular No. 17/2022 – Securities Control – Authorised Banks