Legal and Policy - 11 February 2021

11 February 2021

SARS:

• 13th Deferment payment at the end of the 2020/21 financial year
• Annual Report 2019-2020
• Draft rule and schedule amendments, and related forms – Diesel Refund Scheme,:
  • Form DA 185 – Application form: Registration / Licensing of Customs and Excise clients
  • Form DA 185.4A18 – Registration client type 4A18 – Seller of eligible purchases of distillate fuel to diesel refund users
  • Form DA 185.4A19 – Registration client type 4A19 – Diesel refund user under the diesel refund scheme
  • Form DSL201 – Diesel refund return

• Note 6 to Part 3 of Schedule No. 6 (logbook templates referenced in Note 6 will be published for comment at a future date)

Due date for public comment: 24 March 2021

• Binding General Ruling (BGR) 7 (Issue 4) – Wear-and-tear or depreciation allowance
• Interpretation Note 47 (Issue 5) – Wear-and-tear or depreciation allowance
• Interpretation Note 47 (Issue 4) – Wear-and-tear or depreciation allowance

• 8 - 13 February 2021 - SMS to taxpayers who have not responded to their auto-assessments yet:

Dear ABC MAKEKE 091XXXXXXX, during the 2020 Filing Season, you were selected to participate in SARS Auto-Assessment initiative. We notice that you have not yet elected to accept SARS auto assessment or file your tax return for the 2020 tax year. You still have an opportunity to do so until SARS makes an estimated assessment. We urge you to make use of this opportunity. Should you not do so, SARS will be making an estimated assessment, based on the data at our disposal, on 19 February 2021. Should you file a return after this date, you would be subject to a penalty for the late submission of your return. Regards, SARS

• Online filers have one week to meet deadline
• Request for Proposal (RFP)26/2020: Appointment of a Qualified Service Provider for the Provision of Auctioneer Services for SARS Nationally​​.
• Request for Proposal (RFP)25/2020: Appointment of a Panel of GB Contractors for the Decommission and Refurbishment of SARS buildings​.
• Request for Proposal (RFP)21/2020: Appointment of a Qualified Service Provider for the Provision of Canteen and Catering Services at SARS Alberton Campus​.
• Update to Tax Compliance Status guide: Compliance Request form (TCR01) has been changed from Flex form to web-based form.
• Updated Malt Beer Policy:
  • Two new paragraphs 2.12.1(e) and (f) have been inserted to make provision for a licensed manufacturer of goods contemplated in Rebate Item 619.03.
• Updated policy - Other Fermented Beverages
  • ​Two new paragraphs 2.12.1(d) and (e) have been inserted to make provision for a licensed manufacturer of goods contemplated in Rebate Item 620.24.
• ​The tariff amendment notices, scheduled for publication in the Government Gazette, relate to the amendments to –
• Part 1 of Schedule No. 3, by the insertion of rebate item 311.40/00.00/01.04, in order to create a rebate facility for yarns and textiles for use in the manufacture of apparel – ITAC Report No. 641;
• Part 2 of Schedule No. 4, by the insertion of various items under rebate item 460.15, in order to create a rebate facility for the importation on tinplate – ITAC Report No. 640; and
• Part 1 of Schedule No. 1, by the substitution of Note 5 in Chapter 98 of Section XXII, in order to implement the policy directive for the inclusion of semi-knocked down vehicles kits as eligible products under the automotive production and development programme – ITAC Minute M03/2020.

Publication details will be made available later

• PriceWaterhouseCoopers Inc and Another v Minister of Finance and Another (25705/2019) [2021] ZAGPPHC (2 February 2021)

This matter involved a constitutional law challenge brought by PricewaterhouseCoopers (PwC) Inc. and PwC Partnership in respect of section 39(7) of the VAT Act 89 of 1991

• SARS Customs make a massive rhino horn bust worth R53-million

OECD:

• Webinar: How to Implement Effective Transfer Pricing Documentation Requirements: A Practical Toolkit to Support Developing Countries - 17 February 2021
• New OECD self-assessment tool to assist tax administrations in managing operational risks - 9 February 2021
• Article: Building Better Taxation in a Digital World – 8 February 2021

ATAF:

• ATAF’s Logan Wort ranked 8th in the top 50 most influential figures in tax – 8 February 2021

SARB:

• Exchange Control Circulars:
  • Exchange Control Circular No.2/2021 Authorised Dealer in foreign exchange
  • Exchange Control Circular No. 3/2021 Securities Control – Central Securities Depositories Participant