In Delport v Le Roux and Others[1], the court’s judgment, delivered on 24 November 2022, is a r...
SARS clarifies tax treatment of non-executive directors
Tuesday, 21 February 2017
The question whether non-executive directors (NED) of companies are employees or independent contractors has bedevilled taxpayers, and especially the payroll departments of companies, for years. The question is important because it goes to whether their fees are remuneration, and subject to PAYE, or fees for independent services, and potentially falling within the VAT net. Following
- Published in Income Tax, Non-executive directors, Value-added tax
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A delivery service must deliver
Wednesday, 24 August 2016
In Case No VAT 1390, heard in the Cape tax court in May 2016, the taxpayer, a food delivery enterprise, argued unsuccessfully that the actual delivery process was not part of its enterprise. In consequence, the court found that the delivery costs were subject to output tax. And in arriving at its decision, in interpreting
- Published in Value-added tax
Reinstating a deregistered company : SARS binding private ruling BPR 237
Wednesday, 22 June 2016
The common incidence of companies being deregistered when their CIPC returns are in arrears has resulted in immovable properties registered in the names of these companies becoming bona vacantia and reverting to state ownership. This requires court applications to reinstate the companies and restore their ownership of the properties involved. In Binding Private Ruling 237,
- Published in Corporate restructuring rules, Income Tax
When are circumstances “exceptional”, and when not?
Monday, 28 March 2016
Recent cases argued in the tax court have increasingly focused on the Tax Administration Act, 2011 instead of on the underlying tax merits. Taxpayers especially and to a lesser extent SARS are learning that the TAA is the essential starting point of dealings in tax matters and not merely a peripheral adjunct to the important
- Published in Tax Administration Act
Value-added tax : the meaning of “commercial accommodation”
Sunday, 27 March 2016
In Respublica (Pty) Ltd v CSARS, case No 864/2014, the Gauteng High Court decided in favour of the taxpayer on the meaning of “commercial accommodation” in the Value-Added Tax Act, 1991. The court found that the narrow meaning that SARS ascribed to the term was untenable, and arrived at a wider meaning by applying the
- Published in Interpretation of statutes, Value-added tax
When are you conducting farming operations? SCA confirms the correct approach
Saturday, 26 March 2016
On 1 March 2016 the Supreme Court of Appeal in CSARS v Kluh Investments (Pty) Ltd, case No 115/2015, confirmed the decision of the Western Cape High Court that the taxpayer was not conducting farming operations. In doing so it provided a good example of the correct approach to interpreting fiscal, and indeed any, legislation.
- Published in Income Tax, Interpretation of statutes
SCA rejects valuation methodology of shares
Tuesday, 03 November 2015
In a judgment delivered on 30 September 2015 the Supreme Court of Appeal rejected the taxpayer’s valuation methodology of its minority holding in Emanzi Leisure Resorts (Pty) Ltd (ELR) in CSARS v Stepney Investments (Pty) Ltd [2015] ZASCA 138 (not yet reported in SA Tax Cases). The court found that assumptions in the taxpayer’s calculation
- Published in Uncategorized
Trust law: authority and capacity are not equivalent
Friday, 18 September 2015
A full bench of the Western Cape High Court has confirmed that a deficiency in trustees’ authority can be cured by ratification, but a lack of capacity cannot be so cured.
- Published in Trusts
The Capstone case : share sales, equity kickers and indemnities
Thursday, 21 May 2015
In Capstone 556 (Pty) Ltd v CSARS [2014] 77 SATC 1 WC the Western Cape High Court heard an appeal from the decision of the tax court. In issue were: the nature of the proceeds of a disposal of shares; the deductibility of a so-called “equity kicker” by the taxpayer; and how to treat an
- Published in Capital gains tax, Income Tax
A lesson in interpreting legislation
Wednesday, 20 May 2015
In September 2014 in Kluh Investments (Pty) Ltd v CSARS [2015] 77 SATC 23 WC the Western Cape High Court delivered a judgment that stands as a model of the interpretation of legislation. The core issue was the meaning of “farmer” for purposes of the First Schedule to the Income Tax Act. In most cases
- Published in Income Tax, Interpretation of statutes