by Pieter van der Zwan | Oct 18, 2018 | Value Added Tax
When it comes to property rental transactions a number of permutations exist from a VAT perspective. In brief, the agreement can give rise to a supply of residential accommodation (which is exempt), a supply of commercial accommodation (which is not fully subject to...
by Pieter van der Zwan | Oct 10, 2018 | Corporate and business tax, General tax matters
The tax implications of arrangements involving claims for damages are often complex, whether viewed from the perspective of the payor or recipient. The case of Kangra Group (Pty) Ltd v C:SARS (Kangra case), which was recently heard by the Western Cape division of the...
by Pieter van der Zwan | Aug 6, 2018 | Corporate and business tax, General tax matters
The case of Crookes Brothers Limited v C:SARS was widely commented as a rare case that deals with the South African transfer pricing provisions. The court considered the application of an exemption from the transfer pricing rules for loans with equity-like features...
by Pieter van der Zwan | Jul 1, 2018 | Corporate and business tax, Individuals and wealth planning
The venture capital company (VCC) tax incentive was introduced in 2008 to assist small and medium entities in raising equity funding. An investor in a VCC can deduct the amount of the investment from his taxable income, despite this being a capital investment. The VCC...
by Pieter van der Zwan | Jun 10, 2018 | General tax matters
The Tax Administration Act (TAA) makes provision for prescription of tax assessments. This provides taxpayers with finality in relation to assessments after a period of time. The SCA considered in CSARS v Char-Trade whether an assessment had prescribed by the time...
