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2023 Legal and Policy

Legal and Policy - 9 March 2023

Description

SARS:

  • 8 March 2023 – Income Tax Act, 1962: Average Exchange Rates
    • Table A – A list of the average exchange rates of selected currencies for a year of assessment as from December 2003
    • Table B – A list of the monthly average exchange rates to assist a person whose year of assessment is shorter or longer than 12 months
  • 8 March 2023 – Achieving our Vision 2024 of a smart, modern SARS with unquestionable integrity that is trusted and admired is of paramount importance. Pivotal to the delivery of our vision are our digital platforms & technology infrastructure. In order to provide clarity & certainty, make it easy for taxpayers & traders to comply with their obligations and building public trust and confidence, our technology assets have to demonstrate the highest levels of availability, robustness and security.

Pursuant to our Vision and Strategic Objectives, which include modernising our systems to provide Digital and Streamlined online services, we are hard at work ensuring that our digital platforms & technology infrastructure are available, robust & secure, by performing regular upgrades, enhancements and maintenance.

In the light of the above, system upgrades are scheduled for Friday, 10 March from 18:00 until Saturday 11 March, 01:30. During this time various services on eFiling may not be available.

  • 8 March 2023 – Invitation to a webinar on the SARS Administered Incentives

The South African Revenue Service (SARS) invites you to a webinar to engage Small, Micro, and Medium Enterprises (SMMEs) about various domestic and cross border incentives available to help them grow their businesses. The webinar will also touch on revenue compliance obligations, help Traders understand their responsibilities before the SARS financial year end.

Recent surveys conducted by SARS on SMME Traders revealed that 82.2% are unaware of available Customs & Excise incentives and do not take advantage of them, while 78,6% lacked confidence in their understanding of policies, systems and legislation which can influence their general compliance behaviour.

As an important stakeholder, we invite you to join the webinar, and to extend the invitation to other interested parties.

The details of the webinar are as follows:

Theme: SARS administered Incentives

Date: Thursday, 09 March 2023
Time: 10:00-12:00
Platforms: Zoom and YouTube

Registration link: https://sars-gov-za.zoom.us/webinar/register/WN_10qIQSHNS3yfO-Xv3nIoyA

Passcode: 358575

After registering, you will receive a confirmation email with information on how to log on to the webinar.

  • 8 March 2023 – Commissioner Edward Kieswetter confirmed in an interview with a television news channel that President Ramaphosa is tax compliant, watch the interview here.
  • 8 March 2023 – The mobile tax unit schedules for Limpopo during March and April 2023 have been published.
  • 8 Match 2023 – The facility codes used in Box 30 on the Customs Clearance Declaration (CCD) have been updated with a name change of transit shed P2 in ORTIA from Lonrho Logistics (PTY) Ltd. to PCA Logistics (PTY) Ltd.

The Facilities code list is an annexure to the External Policy for the Registration, Licensing and Designation.

  • 7 March 2023 – Mindful of the considerable public interest and concern in the affairs of the taxpayers Mr Matamela Cyril Ramaphosa, Ntaba Nyoni Estate and Ntaba Nyoni Feedlot, SARS has received the consent of the Taxpayers in terms of section 69 (6) of the Tax Administration Act no 28 of 2011 (TAA), to make a public statement. Without the express written consent of the Taxpayer and the Public Officers in terms of section 69(6) of the TAA, SARS would be prohibited by law from making this statement. The companies’ consent was provided by the Public Officer for each of the companies respectively appointed in terms of section 246 of the TAA, 2011 and responsible for all acts and matters of a company for tax purposes.

See the full media statement here.

  • 6 March 2023 – SARS Free State and Northern Cape visiting your area soon

The SARS Free State and Northern Cape region has set up several Mobile Tax Office visits and workplace visits to ensure easy access to SARS delivery services and products. This is particularly useful for taxpayers who are far from branch offices and those who find it difficult to get time off to visit the branches, making it convenient and easy to submit their tax returns or get income tax matters. The following areas will be visited during the month of March:

  • Pop-up Branch, Mangaung Youth Empowerment Week, Bloemfontein, 14 March 2023, Tuesday 09:00 – 13:00
  • Pop-up Branch, Mangaung Youth Empowerment Week, Bloemfontein, 15 March 2023, Wednesday 09:00 – 13:00
  • Pop-up Branch, Magareng Small Business Colloquim, Warrenton, 16 March 2023, Thursday 09:00 – 15:00

Education Workshops

  • In-House Workshop Upington Branch Office, 02 March 2023, Thursday 09:00 – 11:00
  • In-House Workshop Bethlehem Branch Office, 07 March 2023, Tuesday 10:00 – 14:00
  • In-House Workshop Bloemfontein Branch Office, 09 March 2023, Thursday 08:30 – 11:00
  • In-House workshop, Bloemfontein Branch Office, 23 March 2023, Thursday 08:30 – 11:00

Education Workshops (Not open to the Public)

  • Information Session, SEDA Lejweleputswa, Hoopstad Town Hall, 01 March 2023, Thursday, 09:00 – 12:00
  • Information Session, SEDA Lejweleputswa, Bultfontein Town Hall, 02 March 2023, Thursday, 09:00 – 12:00
  • Off-site Workshop, NC Department of Education Financial Wellness, De Aar 02 March 2023, Thursday 07:00 – 12:30
  • Information Session, SEDA Lejweleputswa, Nyakallong Com Hall, 03 March 2023, Friday 09:00 – 12:00
  • Off-site Workshop, Construction Industry Development Board (CIDB) – Young women in Business, Bloemfontein, 07 March 2023, Tuesday 09:00 – 13:00
  • Off-site workshop, Independent Shearers Forum, Bloemfontein, 07 March 2023, Tuesday 09:00 – 11:00
  • Off-site workshop, Dihlabeng Tvet College, Bethlehem, 08 March 2023, Wednesday 09:00 – 11:00
  • Off-site workshop, Department of Education NC – District office Hall Upington, 09 March 2023, Thursday 09:00 – 12:00
  • Off-site workshop, Motheo Hillside View Campus Tvet College, Bloemfontein, 13 March 2023, Monday 09:00 – 11:00
  • Offsite-workshop, NC Department of Education Financial Wellness – Kuruman Science Centre, Kuruman, 14 March 2023, Tuesday 09:00 – 15:00
  • Off-site workshop, NC Department of Education Financial Wellness – Kuruman Learamele S School, Kuruman, 15 March 2023, Wednesday 09:00 – 15:00
  • Off-site workshop, Magareng Small Business Colloquim, Warrenton, 15 March 2023, Wednesday 08:00 – 16:00
  • Off-site workshop, Department of Economic, Small Business Development, Tourism and Environmental Affairs (DESTEA), Thaba Nchu, 23 March 2023, Thursday 08:00 – 15:00
  • Off-site workshop, Department of Economic, Small Business Development, Tourism and Environmental Affairs (DESTEA), Botshabelo, 24 March 2023, Friday 08:00 – 15:30

Click here for more educational workshops and pop-up venues.

  • 6 March 2023 – Amendment to Section 1.1, Paragraph (b) (xii)(bb) of the definition of “retirement annuity fund” in section 1(1) of the Income Tax Act

Section 1.1, Paragraph (b) (xii)(bb) of the definition of “retirement annuity fund” in section 1(1) of the Income Tax Act has been amended to allow for transfers between Retirement Annuity Funds (RAF).

The effect of the amendment is that the word “total” is deleted, and the following conditions are inserted –

  • The value of each policy/contract being transferred from one retirement annuity fund to another retirement annuity fund must exceed R371 250 (see highlighted portion blue above); and
  • The value remaining in the retirement annuity fund after the transfer must exceed R371 250.

However, there is no monetary restriction on the transfer value if the full/total value of the retirement annuity fund is transferred to another retirement annuity fund (i.e., there is no amount remaining in the retirement annuity fund after the transfer).

Where a taxpayer opts to transfer one or more policies/contracts to a new RAF you are requested to complete a separate tax directive application for each transfer. You will be advised when a single tax directive application can be submitted for all policies for which the transfer is being completed for.

  • 6 March 2023 – The mobile tax unit schedule for Western Cape during March 2023 has been published.
  • 06 March 2023 –SARS confirms that it has responded to the request by the leader of the Democratic Alliance, Mr John Steenhuisen, made in terms of section 18(1) of the Promotion of Access to Information Act (PAIA) regarding the declaration of a certain traveller.

The SARS Information Officer, after an extensive search for the record in various SARS Passenger Processing Systems, and engagements with the relevant business units within SARS which he believed may be in custody of and/ or be in possession of and/or have knowledge of the records requested, was advised that the record could not be found and /or may not be in existence.

The SARS Information Officer informed Mr Steenhuisen of the process followed, and accordingly, notified Mr Steenhuisen in terms of section 23(1) of PAIA. That SARS is not in possession of said record.

SARS exercises its mandate without fear, favour, or prejudice in all matters with which it deals. It will continue to do so in this matter. To that end, SARS will continue to comply with the provisions of Section 23(4) of PAIA. If the record in question is found after 5 March 2023, Mr Steenhuisen will be given access to the record unless access is refused on a ground for refusal contemplated in Chapter 4 of PAIA.

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

  • 3 March 2023 – As communicated earlier this week, achieving our Vision 2024 of a smart, modern SARS with unquestionable integrity that is trusted and admired is of paramount importance. Pivotal to the delivery of our vision are our digital platforms & technology infrastructure. In order to provide clarity & certainty, make it easy for taxpayers & traders to comply with their obligations and building public trust and confidence, our technology assets have to demonstrate the highest levels of availability, robustness and security.

Pursuant to our Vision and Strategic Objectives, which include modernising our systems to provide Digital and Streamlined online services, we are hard at work ensuring that our digital platforms & technology infrastructure are available, robust & secure, by performing regular upgrades, enhancements and maintenance.

In the light of the above, system upgrades are scheduled for Friday, 3 March from 20:30 until Saturday, 4 March 06:00. During this time various services on eFiling may not be available.

  • 3 March 2023 – The Minister of Finance has approved the new table of rates per kilometre for motor vehicles in respect of the 2024 year of assessment.

The Commissioner of SARS has determined the daily amount for expenditure in respect of meals and incidental costs in the Republic of South Africa in respect of the 2024 year of assessment, for purposes of section 8(1) of the Income Tax Act No. 58 of 1962. The daily amount for travel outside the Republic remains unchanged from 1 March 2019.

The external guide and annexure have been updated.

  • 3 March 2023 – Interface specification version 6.503 trade testing dates and software implementation

SARS will introduce enhancements to the Tax Directives process as indicated in the IBIR-006 Tax Directives Interface Specification Version 6.503. The trade testing dates are still to be confirmed and the implementation of the software is planned for the first quarter of the 2023/2024 financial year. You will receive communication with regards to the exact dates for trade testing and the implementation date close to the time.

The Tax Directives Interface Specification is available on the SARS website www.sars.gov.za and you are encouraged to review it prior to testing.

Please follow these steps to submit test files:

Step 1: Before testing can commence, you will need to email 10 taxpayer reference numbers to ncts@sars.gov.za to ensure the numbers are active. In the email subject line, use “Tax reference numbers for Trade Testing”. A maximum of 10 taxpayer reference numbers will be allowed.

Step 2: You will be notified via the same email address to confirm when testing may commence.

For trade testing queries please email ncts@sars.gov.za

  • 3 March 2023 – Tax Administration Act, 2011: Publication details for regulation R3118, as published in the Government Gazette 48165 of 3 March 2023, are now available. Th regulation relates to the regulations for purposes of paragraph (a) of the definition of “international tax standard” in section 1 of the Tax Administration Act, 2011 (Act No. 28 of 2011), promulgated under section 257 of the Act, on the date that the mandatory disclosure rules (MDR) take effect.
  • 3 March 2023 – Income Tax Act, 1962: Publication details for income tax notices 3112 and 3113, as published in Government Gazette 48162 of 3 March 2023, are now available. These notices relate to the –
  • fixing of rate per kilometre in respect of motor vehicles in terms of section 8(1)(b)(ii) and (iii) (Notice 3112); and
  • determination of the daily amount in respect of meals and incidental costs for purposes of section 8(1)(c)(ii) (daily & overnight allowance) (Notice 3113).
  • 3 March 2023 – National Treasury and the South African Revenue Service have published the 15th annual edition of the Tax Statistics.

The 2022 edition provides an overview of tax revenue collections and tax return information for the 2018 to 2022 tax years, as well as the 2017/18 to 2021/22 fiscal years.

See the full media statement here.

To see the Tax Statistics publications, visit the Tax Statistics webpage.

  • 3 March 2023 – The Government Connect Issue 8 newsletter is now available.
  • 2 March 2023 – The mobile tax unit schedules for KwaZulu-Natal during March 2023 have been published.
  • 2 March 2023 – Due to a technical problem, a number of calls waiting in the SARS Contact Centre queue were dropped. Our apologies for the inconvenience caused. We request these callers to call again, the problem has been resolved.

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AuthorSAICA
DivisionLegal and Policy
Categories
Legal and Policy
Date9 March 2023