Legal and Policy - 18 March 2021

18 March 2021

SARS:

• Draft Excise forms – DA 260 Tobacco products (SOS) & (VM) - Due date for public comment: 31 March 2021

• Binding Private Ruling (BPR) 360 – Internal restructure followed by a disposal of shares to a BBBEE investor
• Updated guide: Book an Appointment at a SARS Branch
  The authentication procedure, which validates whether SARS is engaging with accurate clients and validates the authenticity of the supporting documents, has been updated.
• Binding Private Ruling (BPR) 359 – Transfer of reinsurance business from a resident company to a local branch of a foreign company
• RFP32/2020: Appointment of a Qualified Service Provider (Grade 7GB or Higher) for Turnkey Solution for SARS Durban Pier State Warehouse Refurbishment, Durban Harbour, KwaZulu-Natal

• ​The closing date for the above mentioned tender has been extended from 26 March 2021 to 7 April 2021​ at 11:00am, no late bids will be accepted.
• Bidder’s are required to visit the site on the 19 March 2021 between 10h00 – 14h00,
• Bidder’s are welcomed to send questions relating to the tender up to the 25 March 2021, and
• SARS will publish written response to the website between 26, 29 – 30 March 2021.

Please note that there will be no further extension granted with regards to closing date and the site visits for this tender.

• As part of ongoing enhancements to eFiling, during 2020 the eFiling Tax Type Transfer process was updated for Personal Income Tax products. These changes provided the taxpayer with full control of their eFiling profiles. Furthermore, any transfer requests to access taxpayer profiles, now require the taxpayer or their appointed Registered Representative to approve or reject such requests.
  In the coming months, SARS will extend the above process to the remaining tax products and for all entities transacting on eFiling.​
• Employer Annual Reconciliation: 1 April 2021 to 31 May 2021: The South African Revenue Service (SARS) constantly strives to improve its service offering to taxpayers. Changes introduced to SARS’ systems are a vital part of our vision to have a more accurate reconciliation process. Correct information submitted on time to SARS leads to a seamless tax experience for both employees and employers. For more information, please read the letter to our stakeholders.
• The following Binding Private Rulings have been published:

• Binding Private Ruling (BPR) 358 – Amalgamation of short and long-term insurers

• Binding Private Ruling (BPR) 357 – Donations to a foreign trust of property situated outside the Republic

• ABSA Bank Limited and another v CSARS (2019/21825 [P]) [2021] ZAGPPHC (11 March 2021)

Whether a taxpayer can approach the high court under section 105 of the Tax Administration Act to review decisions of SARS, thereby by passing the dispute resolution provisions in the Tax Administration Act

• Nyhonyha and Others v Venter N.O and Others (35508/20) [2021] ZAGPJHC 20 (22 January 2021)

Whether Regiments Capital was solvent and should be taken out of final winding up

• General Note 2 – Transfers from South African pension and provident funds to Namibian retirement funds
• All forms of rental income must be declared to SARS
• AfCFTA registration process

TREASURY:

• 2021 Operation Vulindlela Fact Sheet
• Operation Vulindlela Summary Booklet March 2021

TAX OMBUD:

• Fairness for All: Case Three