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Diesel rebates: Lessons from recent cases

Diesel rebates: Lessons from recent cases

by Pieter van der Zwan | Feb 14, 2025 | Value Added Tax

  Taxpayers conducting operations in certain industries may claim a refund of the road accident fund levies included in the price they paid for fuel used in those activities. The Gauteng High Court recently issued judgments in disputes involving these refunds in...
Responding to SARS requests for information

Responding to SARS requests for information

by Pieter van der Zwan | Sep 15, 2024 | Uncategorized

  SARS’ investigative process includes requesting information from taxpayers. In February 2024, the Western Cape High Court delivered judgment in  CSARS v J Company. This case deals with requests for relevant material. This article considers the requirements...
Changing course during a tax dispute

Changing course during a tax dispute

by Pieter van der Zwan | Sep 15, 2024 | General tax matters

Taxpayers often refine their grounds and arguments as a tax dispute progresses. The Western Cape Division of the High Court recently considered such a change in Baseline Civil Contractors (Pty) Ltd v CSARS. This article briefly reviews the case and what other...
Transfer pricing in South Africa: An arm’s length principle case

Transfer pricing in South Africa: An arm’s length principle case

by Pieter van der Zwan | Sep 15, 2024 | Corporate and business tax

There have been few transfer pricing-related tax cases in South Africa. They mainly dealt with technicalities of section 31 of the Income Tax Act (‘the ITA’). However, a recent tax court case deals with applying the arm’s length principle, which is at the heart of...
CFCs: The FBE exemption and outsourcing

CFCs: The FBE exemption and outsourcing

by Pieter van der Zwan | Jun 28, 2024 | Corporate and business tax

South Africa introduced controlled foreign company (‘CFC’) rules when it   adopted a residence-based tax system in 2001. These rules target passive or mobile income that escapes South African tax by accruing or diverting it to offshore companies controlled by...
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