In Delport v Le Roux and Others[1], the court’s judgment, delivered on 24 November 2022, is a r...
Donation to a special trust
Friday, 29 June 2018
On 28 June 2018 SARS issued an interesting binding private ruling, BPR 306, in which the applicant, a person in the early stages of dementia but still lucid and with the capacity to contract, distributed part of her estate to a special trust she had established for her care and maintenance. The distribution was ruled
- Published in Donations tax, Income Tax
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Section 24C : future obligations in a “chain” restaurant
Friday, 09 March 2018
Section 24C of the Income Tax Act 1961 has been part of the Act since 1980 and has been a source of periodic disputes between taxpayers and SARS. Although it was originally intended for the construction industry, taxpayers have sought, with varying success, to bring their transactions within its provisions while SARS is alert to
- Published in Income Tax
Retrospective tax legislation – when is it acceptable?
Thursday, 15 June 2017
The Gauteng Division, Pretoria, of the High Court recently had occasion to consider the constitutionality of retrospective legislation, in Pienaar Brothers (Pty) Ltd v CSARS & the Minister of Finance Case 87760/2014 (not yet reported). The Court in effect condoned retrospective legislation where adequate warning existed of its imminent introduction. This article will not attempt
- Published in Income Tax, Interpretation of statutes
New TIEA with Grenada
Monday, 24 April 2017
Grenada is the most recent country to have signed a tax information exchange agreement (TIEA) with South Africa, bringing to 15 the number of TIEAs we have signed. With the exception of Argentina, which isn’t renowned as a tax haven, the rest are commonly recognised as what are now politely called overseas investment centres. What
- Published in International