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Understatement penalties – Part 1: Effect of advice obtained
Most additional assessments raised by SARS following an audit into the affairs of a taxpayer include the imposition of an understatement penalty (USP) in terms of the Tax Administration Act (TAA). The USP is determined as the shortfall amount multiplied by a...
Tax Administration: Follow the rules strictly
The Tax Administration Act (the TAA) was introduced to, amongst others, provide clarity on that administrative procedures to be followed by taxpayers in resolving matters relating to the administration of their tax affairs. A key piece of regulation in this regard is...
A tax perspective on the valuation of shares
The recent case of CSARS v The Executors of Estate Late Sidney Ellerine (142/2017) [2018] ZASCA 39 (28 March 2018) dealt with the valuation of preference shares held by a person at the time of death. This article provides an overview of the case and a perspective on...
The finer details of asset-for-share transactions
The Income Tax Act (Act) allows for roll-over relief in certain circumstances where assets are contributed to a company in exchange for shares in the company. These transactions are referred to as asset-for-share transactions and the relief afforded is contained in...
The fine line between dividends and income
Dividends are generally not subject to normal tax in the hands of the recipient. The profits from which such dividends have been paid would already have been taxed in the company where it arose. Depending on the recipient, the dividend may be subject to an additional...
Tax issues: socio-economic and development expenditure
South African businesses play an integral role in socio-economic upliftment and development of communities, in particular those communities that were disadvantaged by the previous political dispensation. This role may be fulfilled on a voluntary basis, but is often...
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