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2025 Legal and Policy

Legal and Policy - 23 October 2025

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SARS

  • 16 October 2025 – In this edition, we highlight the upcoming Employer Interim Reconciliation submission period, outline requirements for a successful EMP501 submission, and share important enhancements to the e@syFile™ platform. Stay informed so that your organisation remains compliant and takes full advantage of the latest tools and resources available.
  • 16 October 2025 – In this edition, we highlight the upcoming Employer Interim Reconciliation submission period, outline requirements for a successful EMP501 submission, and share important enhancements to the e@syFile™ platform. Stay informed so that your organisation remains compliant and takes full advantage of the latest tools and resources available.
  • 16 October 2025 – Income Tax Act, 1962 (Archive)

· Practice Note 36 of 1995 – Income Tax: Valuation of trading stock

  • 16 October 2025 – Income Tax Act, 1962
  • 16 October 2025 – Tax Administration Act, 2011

· Draft Interpretation Note – Reduced assessments: Meaning of “readily apparent undisputed error”

Due date for comment: 28 November 2025

  • 17 October 2025 – The George Service Centre will undergo construction from 27 October until 25 November 2025. During this period limited services will be available. We apologise for any inconvenience.
  • 17 October 2025 — The South African Revenue Service (SARS) welcomes the favourable judgment handed down on 17 October 2025 by the High Court of South Africa, Gauteng (case no. 2023-047735). This decision came as a result of an application brought by SARS for the sequestration of Mr Tshepo Lucky Montana.

On 5 June 2024, Mr Montana filed a notice of motion and founding affidavit seeking condonation for the late submission of his answering affidavit in the sequestration proceedings. Subsequently, on 14 August 2024, SARS brought an application to strike out, in terms of Rule 6(5) of the Uniform Rules of Court, on the basis that Mr Montana’s founding affidavit contained scandalous, vexatious, and irrelevant allegations. On 21 July 2025, the Court granted SARS’s application to strike out and dismissed Mr Montana’s condonation application with costs. Mr Montana thereafter filed an application for leave to appeal against this judgment. The matter was heard on 17 October 2025 and the application for leave to appeal was dismissed with costs.

SARS’s strategic intent is to foster a culture of voluntary compliance. To this end, the organisation provides clarity and certainty to taxpayers regarding their legal obligations and continues to make it easy and seamless to comply through modern, enabling digital platforms. Conversely, SARS ensures that non-compliance becomes hard and costly for those who wilfully choose to disregard their tax responsibilities. Commenting on the matter, SARS Commissioner Edward Kieswetter stated: “SARS recognises that the vast majority of taxpayers are honest and willing to do the right thing by meeting their registration, filing, and payment obligations. Pursuant to SARS’ mandate of collecting all the revenue due to the fiscus, we will do whatever is legally permissible to deliver on that undertaking. In doing so, SARS will always uphold and respect the right of taxpayers to explore and exercise their constitutionally guaranteed rights to approach courts to seek a whatever remedy they prefer. SARS believes that all South Africans are equal before the law, and the organisation is enjoined by the law to enforce its provisions without fear, favour, or prejudice.” SARS will not provide any further comment on this matter. For further media enquiries, please contact: SARSMedia@sars.gov.za

  • 21 October 2025 – The state provides state warehouses for the safekeeping of goods. These are managed by Customs. The purpose of this list of unentered goods is to notify the importer, exporter and any other person that has interest in the goods that the goods have been taken up into the State warehouse and if they remain unentered they will be disposed in accordance with the provisions of the Customs & Excise Act.

See the latest Customs Weekly List of Unentered Goods here.

  • 22 October 2025 – Beware of a PDF letter being emailed to people with the email subject line ‘LEGAL RULING SUMMON DEMAND AS AT 21 10 2025’. Scams are changed on a regular basis so the subject line may differ. The letter contains a link to a fraudulent phishing website. Please do not click on any links. You should always type in the SARS eFiling address in your browser or click on the eFiling login from the SARS website homepage (sars.gov.za). If in doubt, go to our Scams and Phishing webpage where we will publish some examples or forward the suspicious email to phishing@sars.gov.za

NATIONAL TREASURY

ATAF

AuthorLegal and Policy
DivisionTax
Categories
Legal and Policy
Date23 October 2025