Legal and Policy - 1 April 2021

1 April 2021

SARS:

• ​Long arm of the law nabs fraudsters after 8 years on the run
• The tariff amendment notices, scheduled for publication in the Government Gazette, relate to the amendments to –

• Imposition of provisional payment in relation to anti-dumping against the alleged dumping of pasta originating in or imported from Egypt, Latvia, Lithuania and Turkey classifiable in tariff heading 1901.11 and 1901.12 – ITAC Report No. 655 (with effect from 1 April 2021 up to and including 16 September 2021);
• Part 3F of Schedule No. 1, by an increase of 5.2 per cent in the rate of environmental levy on carbon dioxide equivalent from R127 to R134 per tonne, to give effect to the Budget proposals announced by the Minister of Finance on 24 February 2021 (with retrospective effect from 1 January 2021);
• Part 5A of Schedule No. 1, by an increase of 15c/li in the rate of the general fuel levy from 370c/li to 385c/li and 355c/li to 370c/li on petrol and diesel respectively, the substitution to Note 8 as well the increase of 1c in the carbon fuel levy from 7c/li to 8c/li for petrol and from 8c/li to 9c/li for diesel, respectively, to give effect to the Budget proposals announced by the Minister of Finance on 24 February 2021 (with effect from 7 April 2021);
• Part 5B of Schedule No. 1, by an increase of 11c/li in the RAF levy from 207c/li to 218c/li on both petrol and diesel, to give effect to the Budget proposals announced by the Minister of Finance on 24 February 2021 (with effect from 7 April 2021); and
• Part 3 of Schedule No. 6, as a consequence of the increase in the fuel and RAF levy as announced by the Minister of Finance in his budget speech of 24 February 2021; the diesel refund provisions are adjusted accordingly (with effect from 7 April 2021).

Publication details will be made available later

• Trade Statistics for February 2021
• Samsung Electronics SA (Pty) Ltd v CSARS (2018/68900) [2021] ZAGPPHC 130 (18 March 2021)

Whether the product should be classified under tariff heading (TH) 8517.62.90
as contended for by the applicant or under TH 8517.12.90

• Interpretation Note 14 – Allowances, advances and reimbursements
• Interpretation Note 14 – Allowances, advances and reimbursements
• Transfer Duty Guide (Issue 5)
• SARS calls on employers to stick to deadline
• Massmart Holdings Limited v CSARS (84/2020) [2021] ZASCA 27 (26 March 2021)

Whether taxpayer suffering capital losses for capital gains tax purposes
by virtue of its dealings with, and in relation to, the trust

• RFI01/2021 - VAT Export Incentive Scheme Administration
  The closing date for the VAT Export Incentive Scheme Administration​ is extended to 16 April 2021.​

• Draft rule amendments under sections 59A, 60 and 120 – Registration and Licensing

Due date for public comment: 9 April 2021

• Updated guide: How to complete and submit your Country by Country information

Updated to include the OECD CBC XML schema version 2

• Updated policy: Administration of Trade Agreements

The change is about postponing the implementation of paragraph 2.3(c)(i)(A)(I) by extending the grace period until 31 May 2021. This will allow clients some time to prepare for the
requirements when applying for export certificates at the Customs Branch Office
nearest to the exporter’s, manufacturer’s or producer’s area of business.

TREASURY:

• Statement of the National Revenue, Expenditure and Borrowing as at 28 February 2021

OECD:

• Tax transparency moves forward as no or only nominal tax jurisdictions first exchange information on the substance of entities – 31 March 2021
• Greece and Hungary deposit their instrument of ratification for the Multilateral BEPS Convention – 30 March 2021
• Effective Carbon Rates 2021 - Pricing Carbon Emissions through Taxes and Emissions Trading - 28 April 2021

TAX OMBUD:

• Fair Play Issue 19