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2022 Legal and Policy

Legal and Policy - 18 August 2022

Description

SARS:

Registration Licensing and Designation – External Policy

See the full range of online services available through SOQS.

See the updated Guide to the SARS Online Query System.

  • 17 August 2022 – None of our Branches are closed today, but please continue to make use of our online and digital channels as your preferred channel.

The status of the SARS Tax branches today as at 9:30. Scroll down for the Customs offices.

Uitenhage

Open

East London

Open

Gqeberha

Open

Mthatha

Open

Welkom

Open

Bloemfontein

Open

Kimberley

Open

Kroonstad

Open

Bethlehem

Open

Upington

Open

Soweto

Open

Doringkloof

Open

Rissik

Open

Randburg

Open

Roodepoort

Open

Pretoria CDB

Open

Ashley Gardens

Open

TPU

Open

Alberton Office

Open

Benoni

Open

Edenvale

Open

Vereeniging

Open

Krugersdorp

Open

Randfontein

Open

Nigel

Open

Springs

Open

Boksburg

Open

Richardsbay

Open

Port Shepstone

Open

Pietermaritzburg

Open

Trescon Durban

Open

Umhlanga Ridge

Open

New Castle

Open

Pinetown

Open

Sibasa

Open

Giyani

Open

Lebowakgomo

Open

Polokwane

Open

Witbank

Open

Nelspruit

Open

Standerton

Open

Klerksdorp

Open

Mmabatho

Open

Rustenburg

Open

Bellville

Open

Worcester

Open

George

Open

Beaufort West

Open

Mitchells Plain

Open

Paarl

Open

Cape Town

Open

Customs Offices:

Region

Customs Office

Status

Limpopo

Beit Bridge

Open

Grobler’s Bridge

Open

Mpumalanga

Jeppes Reef

Open

Lebombo

Open

Mahamba

Open

Mananga

Open

Nerston

Open

Oshoek

Open

Free State

Maseru Bridge

Open

Ficksburg

Open

Calendonspoort

Open

Van Rooyenshek

Open

DDU LDB

Open

BFN

Open

Qachasnek

Open

Northern Cape

Vioolsdrif

Open

UPT

Open

Nakop

Open

North West

Kopfontein

Open

Skilpadshek

Open

Ramathlabama

Open

KwaZulu Natal

Golela

Open

Kosi Bay

Open
  • 16 August 2022 – The Nuclear Branch of the Department of Mineral Resources and Energy has moved to new offices and the telephone numbers have changed. The new telephone numbers are:
  • 012 444 3811 and
  • 012 444 3095.
  • Pretoria CBD
  • Johannesburg CBD
  • Durban CBD
  • Cape Town CBD (Lower Long St)
  • Gqeberha
  • East London
  • Mbombela
  • Rustenburg
  • Klerksdorp
  • Giyani
  • Thohoyandou
  • Port Shepstone
  • Newcastle
  • Mthatha

Contact language@sars.gov.za for more information.

  • 15 August 2022 – RFP02/202 – eSourcing Errors

Note:

SARS is aware of the eSourcing errors bidders are experiencing and the technical team is working on it, please ensure that you submit your bid to the tender box before the closing date. Bidders will not be penalized for not submitting via eSourcing.

See the full range of online services available through SOQS.

  • Insertion of rules under sections 64F, 75 and 120 – Drawbacks and refunds
    • DA 63 – Application for refund – Export for trade purposes of imported duty paid goods (Refund item 522.03)
    • DA 64 – Application for drawback/refund
    • DA 66 – General Application for drawback/refund
  • Draft amendment to Part 2 of Schedule No. 5 – Substitution of Note 2, Note 5(a), and item 522.00

Due date for public comment: 26 August 2022

  • 12 August 2022 – The South African Revenue Service (SARS) welcomes the suspension of the industrial action by two recognized labour unions, PSA and NEHAWU. The PSA was the first officially to suspend the industrial action from 20 July 2022, followed by NEHAWU on 08 August 2022.

In light of this announcement by the two unions, striking employees are back at work and SARS operations, including trade facilitation at our borders, is continuing as usual.

The suspension of the industrial action affords all parties the opportunity to work towards progressing the negotiations and related discussions towards settling the dispute. In this regard, a follow-up discussion as well as the National Bargaining process will be scheduled soon to continue the engagements.

For further information, please contact SARSMedia@sars.gov.za

12 August 2022 – The guide, Foreign Suppliers of Electronic Services, has been revised to include a process for cancellation of VAT registration.

  • 12 August 2022 – Income Tax Act, 1962, and Estate Duty Act, 1955

BCR 080 – Tax implications for resident beneficiaries of a foreign pension trust

12 August 2022 – The IBM Security Identity Manager (ISIM) upgrade is scheduled for Friday, 12 August at 17:00 until Saturday, 13 August at 02:00 in the morning. The standard 3rd party authentication services will be available, however new enrolments or changes, will not be available. Our apologies for the inconvenience.

  • 11 August 2022- South African institutions at the heart of fighting corruption, including state capture, pledged their commitment to strengthen their joint efforts and enhance collaboration to ensure those who abused state resources are brought to book.

SARS Commissioner Edward Kieswetter, National Director of Public Prosecutions Shamila Batohi and National Head of the DPCI Godfrey Lebeya, were among the heads at the opening of a three-day workshop on inter-agency collaboration held in Pretoria.

The workshop in July was a historic opportunity for the law enforcement agencies, together with the National Treasury, the South African Revenue Service, the Financial Intelligence Centre, Financial Sector Conduct Authority and the South African Reserve Bank to collectively set the benchmark for inter-agency cooperation in combating illicit financial flows, money laundering, tax crimes and corruption. It was attended by 40 senior officials from National Treasury, SARS, SARB, the Financial Intelligence Centre, the Financial Sector Conduct Authority, the National Prosecuting Authority, the Hawks and the Special Investigating Unit.

At this critical juncture in South Africa’s democracy, the Heads of the participating entities concurred that building strong and resilient institutions that can withstand corruption and any future attempts at state capture is the cornerstone to restoring integrity and rebuilding public confidence.

Central to restoring public trust is to ensure that those found in the Zondo Commission reports to have been involved in the capture of the state and the destruction of state capacity be held accountable for the actions which have caused immeasurable damage to the country in the last decade.

The Heads of entities agreed that to do so successfully requires that:

  • The overall national financial intelligence system that enables inter-agency cooperation must be further developed and strengthened.
  • The agencies involved work more closely together on a joint action plan.
  • They must collaborate actively on sharing information within the remit of the law and improve the use of data.
  • Agencies share best practices and measures to ensure effective implementation and swift action.
  • Enablers of state capture and corruption, such as some banks, auditing firms, estate agents and lawyers, face the brunt of the law and are held accountable by their regulatory bodies.

Against the background of the joint direction provided by the Heads of entities, the OECD experts facilitated a critical self-assessment of the maturity of effective collaboration between law enforcement and regulatory agencies in South Africa using as a standard, a maturity model based on the ten global principles for fighting tax crimes developed by the OECD. The participants identified the problem areas and gaps and the measures needed to remedy these. The workshop also looked at which international cooperation mechanisms are available and being effectively utilised in combating tax crimes, illicit financial flows, money laundering and terror financing.

The results of the self-assessment exercise revealed a positive emerging strategic shift towards embedding the national financial intelligence system. The OECD applauded the shift. The OECD supported the collaborative effort of parties to continue to strengthen the overall strategic context and system by strengthening information gateways between and amongst agencies in pursuit of lawful effective and efficient information exchanges and driving operational collaboration. The OECD flagged the Fusion Centre as an emerging best practice that could ideally be extended to combat money laundering and build further on the work of the South African Anti-Money Laundering Integrated Taskforce (SAMLIT) which is private-public partnership aimed at combating financial crimes and led by the FIC and comprising the relevant law enforcement, regulatory entities, and the banks.

The OECD also encouraged parties to pilot and test the inter-agency proposals on addressing unexplained wealth.

Overall, the results show that South Africa has an established and functioning system, including the establishment of a specialised interagency working group focusing on illicit financial flows but more remains to be done to combat tax crimes, illicit financial flows, money laundering and terror financing. That includes efforts to improve data analysis and coordination, harmonising laws and practice to cut back on red tape to promote the timeous exchange of accurate and reliable information, embedding the ongoing measurement of the maturity of inter-agency collaboration and inter-agency trust and reviewing South Africa’s bilateral and multilateral treaties for fitness of purpose.

The Heads of entities endorsed the outcomes of the workshop and the implementation of recommendations as a further step towards reinvigorating South Africa’s collective response to FATF in January 2023. The important issue now is a strong focus on execution and the achievement of measurable results.

NATIONAL TREASURY:

Media Advisory: National Treasury and Financial Sector Conduct Authority Launch Money Smart Week South Africa 2022 – 16 August 2022

AuthorSAICA
DivisionLegal and Policy
Date18 August 2022