Legal and Policy - 5 October 2023

SARS:

4 October 2023 – Income Tax Act, 1962

Basic Guide to Section 18A Approval (Issue 5)

4 October 2023 – Income Tax Act, 1962

Interpretation Note 51 (Issue 6) – Pre-trade expenditure and losses

4 October 2023 – Income Tax Act, 1962

Interpretation Note 51 (Issue 5) – Pre-trade expenditure and losses

4 October 2023 – Constitutional Court Judgments

Sasol Chevron Holdings Limited v CSARS (CCT 149/22) [2023] ZACC 30 (3 October 2023)

Nu Africa Duty Free Shops (Pty) Ltd v Minister of Finance and Others; CSARS v Ambassador Duty Free (Pty) Ltd and Others; Minister of Finance v Ambassador Duty Free (Pty) Ltd and Others (CCT 29/22; CCT 57/22; CCT 58/22) [2023] ZACC 31 (3 October 2023)

Summaries are available on the Constitutional Court Judgments page.

4 October 2023 – The SARS Benoni office is experiencing system issues. Our technicians are attending to the issue. Our apologies for the inconvenience.
3 October 2023 – The mobile tax unit schedule for KwaZulu-Natal during October 2023 is now available.
2 October 2023 – The new Diesel Refund for Foodstuff Manufacturers has been incorporated in the Refunds and Drawback Policy.

2 October 2023 – The tax workshop schedule for North West province during October is now available.
2 October 2023 – We invite you to this webinar on tax-deductible donations (section 18A receipts), to help you fulfil your tax obligations and remain tax compliant.

Section 18A tax exempt institutions are required to ensure that funds for which tax-deductible receipts were issued are applied to qualifying activities within the borders of South Africa. To remain in good standing and retain their exemption and section 18A status, there are additional requirements that must be complied with, including the submission of annual third-party returns.

Pursuant to our strategic objectives of providing clarity and certainty and making it easy for taxpayers to comply with their tax obligations, the webinar aims to educate taxpayers on the above-mentioned requirements.

The following topics will be covered:

S18A legislative requirements

Qualifying and Non-Qualifying Donations

Continued Compliance Requirements

What Donors need to know and do

As an important stakeholder, you are invited to join the webinar. You may also extend the invitation to other interested parties.

Webinar details:

Theme: Basic Principles of Tax Deductible Receipts

Date: Thursday, 5 October 2023

Time: 17:00 – 19:00

Platforms: (Virtual) Zoom and YouTube

Register in advance for this webinar on the following link: https://sars-gov-za.zoom.us/webinar/register/WN_60XN_n3hTKWIsdGabML1AQ

Meeting ID: 976 8772 3349

Passcode: 993487

After registering, you will receive a confirmation email with information on how to login to the webinar for an opportunity to have your questions answered during the session. The webinar will also be recorded and published on the SARSTV YouTube channel afterwards.

YouTube: https://youtube.com/live/bfou3lJNrMg?feature=share

If you have questions about tax exemption institution status and section 18A, please send an email to section18Aquestions@sars.gov.za

30 September 2023 – The online registration for the Diesel Refunds for Foodstuff Manufacturers Scheme (DRFMS) is now open. For more information on the refund item, see the click Diesel Refund Foodstuff Manufacturers scheme webpage.
29 September 2023 – Customs and Excise Act, 1964: Draft amendments to rules

Draft amendment to rules under sections 49B, 49G and 120 – Trade agreements

SADC certificate or origin

Due date for comment: 13 October 2023

29 September 2023 – South Africa recorded a preliminary trade balance surplus of R13.3 billion in August 2023. This surplus is attributable to exports of R181.3 billion and imports of R168.0 billion.

For more information, see the full Media Release.

Or visit the Trade Statistics webpage.

29 September 2023 – RFP16/2023: Appointment of a panel of service providers for the provision of events management services.

To see the tender documents click here.

29 September 2023 – Customs and Excise Act, 1964: Publication details for tariff amendment notices R3916, R3917 and R3918, as published in Government Gazette 49378 of 29 September 2023, are now available.

29 September 2023 – The registration for the Diesel Refunds for Foodstuff Manufacturers Scheme (DRFMS) will open in the evening of 29 September 2023. Completed applications must be submitted digitally using the SARS Online Query System (SOQS). For more information on the refund item click here.
28 September 2023 – Customs and Excise Act, 1964: The tariff amendment notices, scheduled for publication in the Government Gazette, relate to the amendments to –

Part 1 of Schedule No. 1, by the substitution of various subheadings under tariff headings 72.19 and 72.20, in order to increase the general rate of customs duty on stainless steel flat products from 5% to 10% – ITAC Report 644;

Part 1 of Schedule No. 3, by the amendment of certain existing rebate items under rebate 311.42 and 320.02 as well as the creation of rebate provisions on woven fabrics and other fabrics classifiable in tariff subheadings 55.13, 55.14, 5903.20, 5212.1, 5212.2, 53.09, 5512.1, 55.16, 5903.10.90 and 5903.90.90, for the manufacture of goods classifiable in tariff subheadings 63.02, 63.03, 63.04 and 94.04 – ITAC Report 672; and

Part 2 of Schedule No. 4, by the insertion of rebate item 460.04/1704.90/01.06, to create a temporary rebate facility for the importation of white chocolate, in immediate packaging of a content of 25 kg or more, for use in the manufacture of chocolate containing cocoa, in blocks, slabs or bars and other chocolate – ITAC Report 684.

Publication details will be made available later

28 September 2023 – The SARS Alberton branch is currently unable to assist any taxpayers within the office. All walk-in appointment clients will be contacted by the office this morning to assist virtually or if not possible, an alternative arrangement would be made. Our apologies for the inconvenience.

NATIONAL TREASURY: