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2023 Legal and Policy

Legal and Policy - 16 March 2023

Description

SARS:

  • 15 March 2023 – Companies Act, 2008, Income Tax Act, 1962, and Tax Administration Act, 2011

Understatement penalty: Whether the Tax Court, having found that SARS had failed to establish that the taxpayer’s understatement of its taxable income resulted from a failure to take reasonable care completing its return, was nonetheless entitled to impose a 25% penalty, SARS having failed to plead a case for the imposition of a penalty on any ground other than the one it failed to prove.

  • 15 March 2023 – Due to safety concerns for our staff and taxpayers as a result of the NEHAWU strike in the area, the Mbombela (Nelspruit) branch will be closed with immediate effect. The branch will reopen on Wednesday, 22 March 2023. All virtual appointments will be honoured. Continue to use our Digital Channels and Online Services.

The following public notices were promulgated on Friday, 10 March 2023:

  • Notice 3146 GG 48188 – Rules promulgated under section 103, prescribing the –
    • procedures to be followed in lodging an objection and appeal against an assessment or a decision subject to objection and appeal referred to in section 104(2)
    • procedures for alternative dispute resolution
    • conduct and hearing of appeals
    • application on notice before a tax court
    • transitional rules
  • Notice 3136 GG 48187 – Notice of address of service specified by the Commissioner in terms of section 11(5) with regard to any notice or process by which legal proceedings are instituted
  • Notice 3135 GG 48187 – Notice of addresses at which a document, notice or request is to be delivered or made for purposes of rule 2(1)(c)(ii) and rule 3(1) read together with rule 2(c)(iii) of the rules promulgated in terms of section 103
  • 13 March 2023 – Customs & Excise Act, 1964

Due date for comment: 31 March 2023

  • 10 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, 10 March from 18:00 until Saturday 11 March, 01:30. During this time various services on eFiling may not be available.

Part 3 of Schedule No. 6 – Insertion of Note 14 and refund item 470.05/00.00/01.00

DA 185 – Application forms: Registration / Licensing of Customs and Excise clients

DA 185.4A3 – Registration client type 4A3 – Rebate/refund user (Schedule No’s 3, 4 and 6)

Due date for comment: 24 March 2023

  • 10 March 2023 – An Authorised Economic Operator (AEO) is a company involved in the international movement of goods and approved by SARS Customs as complying with World Customs Organisation or equivalent compliance and supply chain security standards. AEOs may include manufacturers, importers, exporters, brokers, carriers, consolidators, intermediaries, ports, airports, terminal operators, integrated operators, warehouses, distributors and freight forwarders.

Once your application is successful, you become an accredited AEO with immediate access to benefits including substantial discounts on security.

Apply today:

Step 1: Contact the AEO team on AuthorisedEconomicOperator@sars.gov.za

Step 2: Client Relationship Manager conducts client engagement with the prospective client

Step 3: Complete and submit application and self-assessment forms

Step 4: Documentary review and Client Relationship Manager contacts you

Step 5: Validation audits conducted

Step 6: Accreditation Committee considers application

Step 7: If approved, client awarded AEO and access to range of benefits

For more information, see the Authorised Economic Operator (AEO) webpage.

  • 10 March 2023 – A tax compliance statement issued by SARS indicates that the $4 million sale of the game at President Cyril Ramaphosa’s Phala Phala farm in 2020 has been declared. South African Revenue Services Commissioner, Edward Kieswetter says all high-profile political office bearers should agree to make their tax affairs public as evidence of a commitment to transparency.

Watch the interview where Commissioner Edward Kieswetter discuss this topic with a television news channel.

  • 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.

NATIONAL TREASURY:

OECD:

ATAF:

AuthorSAICA
DivisionLegal and Policy
Categories
Legal and Policy
Date16 March 2023