Legal and Policy - 18 January 2024
Overview
Description
SARS
- 17 January 2024 – Achieving our Vision 2024 of a smart, modern SARS with unquestionable integrity that is trusted and admired is of paramount importance. Pivotal to the delivery of our vision are our digital platforms and technology infrastructure. To provide clarity and certainty, make it easy for taxpayers and traders to comply with their obligations and building public trust and confidence, our technology assets must demonstrate the highest levels of availability, robustness and security. In accordance with our Vision and Strategic Objectives, which include modernising our systems to provide Digital and Streamlined online services, we are hard at work ensuring that our digital platforms and technology infrastructure are available, robust and secure, by performing regular upgrades, enhancements and maintenance. Considering the above, SARS Digital platform upgrades are scheduled for Friday, 19 January 2024 from 22h00 to 02h00 on Saturday 20 January 2024.Responses (CUSRES messages) to transactions submitted during this time will be delayed, however, arrival and exit management functions are available at land border posts for all released declarations and manifests. Stakeholders are therefore urged to submit priority Goods Declarations (bills of entry) and Road Manifest by Friday, 19 January 2024 @ 21h00.
- 15 January 2024 – Supreme Court of Appeal Judgments
- BP Southern Africa (Pty) Ltd v CSARS (801/2022) [2024] ZASCA 2 (12 January 2024)
- Enviroserv Waste Management (Pty) Ltd v CSARS (154/2022) [2023] ZASCA 180 (18 December 2023)
Summaries are available on the Supreme Court of Appeal judgments page
- 15 January 2024 – Income Tax Act, 1962
Unitrans Holdings Limited v CSARS (A3094/2022) [2024] ZAGPJHC 3 (9 January 2024)
Appeal from the Tax Court – whether interest expenditure is tax deductible, as having been incurred in the course of carrying out ‘any trade’ and in the production of income – section 24J(2) of the Income Tax Act – the taxpayer trading as an investment holding company – the interest expenditure claimed not closely linked to its income earning operations as an investment holding company – the purpose of the expenditure was not to produce income but to further the interest of the subsidiaries – therefore, the expenditure was not incurred in the production of the taxpayer’s income.
Appeal dismissed with costs.
- 12 January 2024 – RFP32/2023: Appointment of a Panel of Service Providers for the destruction and disposal of non-compliant goods for a period of five (5) years
- 12 January 2024 – Customs and Excise Act, 1964: The following High Court Judgments were published:
- BP Southern Africa (Pty) Ltd v CSARS (2021/49805) [2024] ZAGPPHC 1 (12 January 2024)
- FITA and Others v CSARS and Another (115176/2023) and Bozza and Others v CSARS and Others (115375/2023) [2023] ZAGPPHC (29 December 2023)
- Karino Homeland Distribution (Pty) Ltd v CSARS (21279/2023) [2023] ZAWCHC 329 (27 December 2023)
- Assmang Proprietary Limited v CSARS and Others (91960/2015) [2023] ZAGPPHC 2036 (18 December 2023)
Summaries are available on the High Court Judgments page.
National Treasury
- Opening remarks by the Minister of Finance, Mr Enoch Godongwana, at the PRE-WEF Breakfast Engagement with business – 11 January 2024
SAFLII
- BP Southern Africa (Pty) Ltd v Commissioner for the South African Revenue Service (2021/49805) [2024] ZAGPPHC 1 – 12 January 2024
BP Southern Africa (Pty) Ltd v Commissioner for the South African Revenue Service (801/2022) [2024] ZASCA 2 – 12 January 2024
| Author | SAICA |
|---|---|
| Division | Taxation |
| Keywords | SARS OECD National Treasury SAFLII |
| Categories | Legal and Policy |
| Date | 18 January 2024 |