In a recent judgment handed down by the Johannesburg tax court in Taxpayer Arrow v CSARS (IT45776), the court had to determine, amongst various other things, (a) whether SARS could lift the veil of prescription and (b) whether SARS’ was correct in imposing understatement penalties under the circumstances. Briefly, the background to the case was…
For a video explanation of this judgment see 3 parts below: Part 1 of 3 – Pear (Pty) Ltd vs CSARS (ITC146080) (Western Cape Tax Court) (5 December 2024) – Background Part 2 of 3 – Pear (Pty) Ltd vs CSARS (ITC146080) (Western Cape Tax Court) (5 December 2024) – The judgment on prescription Part…
For a detailed further video explanation see my video on our Youtube Channel – Click Here The judgment of the Western Cape Tax Court in the matter of DR X and Dr X Inc v CSARS[1] (“the Dr X case”) appears to be a good example to explain how it is possible to screw up…
On 2 October 2024, the Constitutional Court issued a judgement in the case of The Thistle Trust v Commissioner for the South African Revenue Service [2024] ZACC 19 that was both highly anticipated and somewhat contentious. The Thistle case has elicited a significant amount of discussion among tax professionals, with some sympathising with the majority…
In an era defined by rapid technological advancement, the concept of “voluntary disclosure” is experiencing a seismic shift. Taxpayers, who once viewed the opportunity to come forward and declare financial irregularities to the South African Revenue Service (“SARS”) as an empowering choice, are now faced with a pressing dilemma: Are these disclosures genuinely voluntary, or…
The eagerly anticipated Constitutional Court judgment in Thistle case[1] has been delivered. Unfortunately, though, the court did not consider the meaning of the words “bona fide inadvertent error” because the court did not grant SARS leave to cross-appeal the judgment of the SCA insofar as USP’s are concerned. The question then is, where does that…
When entering into a tax dispute with SARS, taxpayers are often reminded by SARS of the very strict time periods and prescribed rules and procedures that must be followed by the taxpayer. And yes, taxpayers should comply with the procedures and time periods as failing to do so is likely to result in adverse consequences…
An individual taxpayer recently realised that he should have been assessed to a refund in respect of his 2017 year of assessment. This is associated with the so-called “183/60 day exemption”. Instead of a refund, SARS assessed the taxpayer to a liability. The trouble was that the assessment against which an objection lied was more…
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