Tax

When is a VDP application truly voluntary? This article explains, with case law, when a VDP application to SARS is made voluntarily in order to comply with the requirements of the Tax Administration Act.

This is the first in a 2-part series of articles where we discuss two cases that shed some light on what is required when seeking a final order against SARS in the tax court.

It seems that default judgements in the tax court are all about good cause. Read part 2 of our 2-part series on default judgements to find out more!

There are various possible outcomes when engaged in an Alternative Dispute Resolution process with the South African Revenue Service in the context of customs and excise, one of these is a settlement. In this article we discuss the settlement procedure in the Customs & Excise Act 91 of 1964.

In this issue we take a look at the tax implications of a typical holding company structure that involves the use of a trust at the top of the structure as a tool to extract profits and protect investments.

An assessed loss occurs when the deductions available will exceed the income to which they are attributable, resulting in less taxable income. However, this tax benefit has certain requirements that must be met before it can be utilised. This is a brief note that explains how you can ensure the availability of assessed losses for set-off against future income.

On the 18th of December 2023 the Supreme Court of Appeal ("the SCA") handed down judgement in what was a scarce win for taxpayers against the South African Revenue Service ("SARS") in the SCA. This article explains the issues in the case and points out the significance of the decision in the broader context of disputes against SARS.

On 9 October 2023 the Supreme Court of Appeal ("SCA") handed down judgment in Silverback Technologies CC & Others v Commissioner, South African Revenue Service (301/2022) [2023] ZASCA 128. This case dealt with the proper classification for the purposes of customs duty, certain bicycle parts imported into South Africa which would ultimately be used to assemble bicycles.