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2021 Legal and Policy

Legal and Policy - 29 April 2021

Description

29 April 2021

SARS:

  • Changes to Duty and Tax Free shops - Transitional arrangements for inbound duty and tax free shops in addition to the already existing outbound duty and tax free shops, came into force on 5 June 2009. In this revision, the transitional arrangements are removed as they are no longer required. For more information, see the Inbound and Outbound Duty and Tax Free Shops – External Policy.
  • Changes to Customs Registration Licensing and Designation - The second phase of the systems enhancements to the Registration, Licensing and Accreditation (RLA) system has been implemented whereby the following categories of Customs clients can now also apply for registration or licensing electronically via eFiling:
    • Approved exporters;
    • Customs warehouses (excluding CCA Enterprise storage warehouses);
    • Manufacturers in terms of AGOA;
    • Producers in terms of the SADC-EPA, SADC, SACU/EFTA, SACU-MERCOSUR and GSP Norway, Russia and Turkey;
    • Reporters (e.g. transit shed operators, container operators, wharf operators, depot operators, sea cargo carriers, railway and airway authorities);
    • Searchers searching for abandoned wrecks; and
    • Special Economic Zone Operators.

The external policy SC-CF-19 – Registration Licensing and Designation has been updated.

  • Changes to Customs Refunds and Drawbacks - The Customs Procedure Code (CPC) and refund or drawback item must appear in the appropriate fields on the export declaration before goods are exported, if the exporter wants to apply for such a refund or drawback. However, the refund or drawback item may be amended or inserted or a CPC can be amended while the goods are still under Customs control or if exceptional circumstances as prescribed in Note 8 to Schedule 5 are approved by Legislative Policy, Customs and Excise. The following annexures to the policy were replaced: the Completion of CR 1, the Completion of DA 63, the Completion of DA 64 and the Completion of DA 66. For more information, see the Refunds and Drawbacks External Policy.
  • Enhancements to the Tax Directive Application forms - The completion guide for IRP3(a) & IRP3(s) forms was updated with the Arbitration / CCMA Award filed and the ‘Year of assessment’ on directive and tax certificate was clarified. The purpose of this guide is to assist employers with the completion of a Tax Directive Application form to obtain a Tax Directive (IRP3) before a lump sum can be paid to an employee. In addition, the Guide to complete the tax directive application forms was updated with the Provident and Provident Preservation funds compulsory annuitisation and with the following new reasons on the tax directive application forms:
    • Par (eA) Living Annuity Commutation Termination of a Trust (Form E);
    • Cessation of SA Residence (Form B and Form C)
    • Unclaimed death benefits (Form A&D)

The purpose of this guide is to assist Fund Administrators / Long-term Insurers and / or employers on how to complete all of the various tax directive application forms in order to obtain a tax directive (IRP3) before a lump sum benefit can be paid to a member. For more information, see the Completion guide for IRP3(a) & IRP3(s) forms.

  • Enhancements to the Managing of Tax Types - The Guide on how to register for eFiling and manage your user profile was updated to include the new function on how to Manage Tax Types and Practitioner configuration. The purpose of this document is to assist clients to register for eFiling and manage their eFiling profiles. For more information, see the Guide on how to register for eFiling and manage your user profile.
  • The Transfer Duty (TDC01) form was converted - The TDC01 form was converted from Adobe to HTML5 format. The Guide for Transfer Duty via eFiling was updated to include the form change. This guide is designed to assist you in the activation of your Transfer Duty account on eFiling, the completion of your TDC01 Declaration, registration for the allocation of a conveyancer registration number on eFiling. For more information, see the Guide for Transfer Duty via eFiling.
  • Enhancements to Tax Directive functionality - The Guide to the Tax Directive functionality on eFiling was updated with the Tax Directive functionality to request previous years’ tax directives. This guide is designed to assist Fund Administrators / Long-term Insurers / Employers / Tax Practitioners and/or Individuals with the Tax Directive administrative functions on eFiling. For more information, see the Guide to the Tax Directive functionality on eFiling.
  • Cancellation of Payments on eFiling - The Guide on how to submit your Individual Income tax return via eFiling was updated to show how to cancel a payment on eFiling. This guide is to assist taxpayers/tax practitioners in filing an Income tax return for individuals via eFiling. Describing also how to log in to eFiling, file/submit an Income tax return and request a correction via eFiling amongst others. See the Guide on how to submit your Individual Income tax return via eFiling for more information.
  • Financial Declaration (IT3-02) form converted from Adobe to HTML - The Financial Declaration (IT3-02) form was converted from Adobe to HTML. For more information, see the Guide on how to activate, submit and declare the IT3 via eFiling.
  • The tariff amendment notices, scheduled for publication in the Government Gazette, relate to the amendments to –
    • Paragraph 8 of Schedule No. 1, to the VAT Act, 1991 as a consequence to the amendment to Schedule No. 4 of the Customs and Excise Act, Act 91 of 1964 in order to regulate purchases made by diplomats at licensed special shops;
    • Part 1 of Schedule No. 4, by the substitution of Notes to rebate item 406.00 as well as the amendment of various items under 406.02, 406.03, 406.05 and 406.07 in order to regulate purchases made by diplomats at licensed special shop;
    • Part 1A of Schedule No. 6, as a consequence to the amendment of Notes to rebate item 406.00 in Part 1 of Schedule No. 4 as well as the removal of the reference to rebate item “406.01” applicable to the President;
    • Part 1B of Schedule No. 6, as a consequence to the amendment of Notes to rebate item 406.00 in Part 1 of Schedule No. 4 as well as the removal of the reference to rebate item “406.01” applicable to the President;
    • Part 1C of Schedule No. 6, as a consequence to the amendment to Part 1 of Schedule No. 4, the removal of the reference to rebate item “406.01” applicable to the President as well as the substitution of Note 8 to item 620.24 to amend the reference “customs and excise manufacturing warehouse (VM)” with “customs and excise special manufacturing warehouse (SVM)”;
    • Part 1D of Schedule No. 6, as a consequence to the amendment to Part 1 of Schedule No. 4 as well as the removal of the reference to rebate item “406.01” applicable to the President;
    • Part 1E of Schedule No. 6, as a consequence to the amendment to Part 1 of Schedule No. 4 as well as the removal of the reference to rebate item “406.01” applicable to the President;
    • Part 1F of Schedule No. 6, as a consequence to the amendment to Part 1 of Schedule No. 4 as well as the removal of the reference to rebate item “406.01” applicable to the President;
    • Part 2 of Schedule No. 6, as a consequence to the amendment to Part 1 of Schedule No. 4 in order to remove the reference to the President; and
    • Part 3 of Schedule No. 6, as a consequence to the amendment of Notes to rebate item 406.00.
    • The amendments are effective 1 July 2021

Publication details will be made available later

TREASURY:

OECD:

DivisionLegal and Policy
Date29 April 2021