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2026 Legal and Policy

Legal & policy - 12 March 2026

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SOUTH AFRICAN REVENUE SERVICE (SARS)

· SARS FAQs on Common Reporting Standard

· SARS FAQs on Crypto-Asset Reporting Framework Regulations

  • 6 March 2026 – On 1 March 2026, South Africa implemented the Crypto Asset Reporting Framework (CARF), which is a global standard developed by the OECD to strengthen tax transparency in the crypto asset environment.

The CARF requires Crypto Asset Service Providers to report certain crypto asset transaction information to SARS. This data may also be exchanged with other participating jurisdictions to support international tax compliance. The framework closes a critical transparency gap created by the rapid growth of crypto assets, bringing crypto activity into line with existing international tax reporting standards. Individual taxpayers do not report directly under the CARF and must continue declaring crypto asset transactions through their normal income tax returns. For service providers, the CARF provides clarity, consistency and a level playing field. For the tax system, it strengthens fairness, early risk detection and voluntary compliance. The CARF marks an important step towards a modern, transparent and globally aligned tax system. For more information, visit Crypto-Asset Reporting Framework (CARF)

  • 6 March 2026 – SARS has added J.P. Morgan Bank to the eFiling list of banks, enabling taxpayers who bank with J.P. Morgan to make tax payments via eFiling using the Credit Push Payment option.

The SARS Payment Rules guide has also been updated to include J.P. Morgan as an eFiling payment participant with effect from 1 March 2026 and to remove HSBC and Sasfin Bank which have ceased operations in the country. Details regarding the payment of Personal Income Tax and Travellers’ payments using the SARS MobiApp have been included in the guide – GEN-PAYM-01-G01 – SARS Payment Rules – External Guide. For more information, visit eFiling Payments (Credit Push).

  • 6 March 2026 – Value-Added Tax Act, 1991

· SARSTC VAT 32679 (VAT) [2025] ZATC CPT (18 December 2025)

Date of VAT liability – whether the appellant is liable for the late payment penalties.

  • 6 March 2026 – Income Tax Act, 1962

· SARSTC IT 77034 (IT) [2025] ZATC JHB (13 January 2026)

Application for condonation and to strike out

  • 6 March 2026 – Customs and Excise Act, 1964

· Tholo Energy Services CC v CSARS (CCT 252/24) [2026] ZACC 1 (16 January 2026)

Customs and Excise Act 91 of 1964 – section 47(9)(e) – nature and scope of tariff appeals – what constitutes a determination for purposes of appeal.

  • 6 March 2026 – Value-Added Tax Act, 1962

· Democratic Alliance v Minister of Finance and Others (2025/045530) [2026] ZAWCHC 102 (5 March 2026)

Constitutional Law – Section 7(4) of the VAT Act 89 of 1991 – impermissible delegation of legislative power to the Minister – Section 7(4) authorising the executive to determine rate of tax that applies across the economy – delegated power not accompanied by express statutory criteria governing the magnitude of the alteration, nor requiring parliament’s ratification within a defined short period after its exercise – No sufficiently defined statutory
limits or mechanisms of prompt legislative control to ensure that the balance between executive agility and parliamentary supremacy is maintained – section 7(4) declared unconstitutional and invalid as it constitutes an impermissible delegation of legislative power to the executive.

  • 6 March 2026 – Income Tax Act 58, 1962, and Tax Administration Act, 2011

· CSARS v Erasmus (864/2024) [2026] ZASCA 22 (05 March 2026)

Tax Law – general anti-avoidance rule (GAAR) under Income Tax Act 58 of 1962 (ITA) – appeal against GAAR assessment – statement of grounds for opposing appeal (rule 31 statement) in terms of rule 31 of rules promulgated under Tax Administration Act 28 of 2011 (TAA rules) – modification and amendment of GAAR assessment in rule 31 statement – irregular step application under uniform rule 30 by taxpayer in respect of rule 31 statement – whether modification and amendment authorised under section 80J(4) of ITA or TAA rule 31(3).

  • 9 March 2026 – 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.

  • 10 March 2026 – In this issue we provide guidance on tax practitioner deregistration procedures and dispute reviews under the Tax Administration Act, alongside important updates to the Income Tax Act, including revised tables of interest rates on taxes and refunds, and resources such as Interpretation Note 143 for political party income tax exemption and the Turnover Tax Guide for micro businesses. We also highlight key announcements from the 2026 Budget Speech, which introduce significant tax relief for small and micro businesses, notably the increase in the compulsory VAT registration threshold and the turnover tax qualifying threshold from R1 million to R2.3 million, aimed at reducing compliance burdens, supporting business growth, and simplifying tax administration.
  • 11 March 2026 – Customs and Excise Act, 1964

· Draft amendments to rules under section 64D – Licensing of remover of goods in bond

Due date for comment: 27 March 2026

NATIONAL TREASURY

SOUTHERN AFRICAN LEGAL INFORMATION INSTITUTE (SAFLII)

SOUTH AFRICAN RESERVE BANK (SARB)

AuthorLegal and Policy
DivisionTax
Categories
Legal and Policy
Date12 March 2026