Legal and Policy
2021 Legal and Policy

Legal and Policy - 8 July 2021


8 July 2021


  • 7 July 2021 – Are you a female business owner in South Africa who trades across borders? If so, we want to hear from you. The World Bank Group is conducting a survey on the customs barriers facing women entrepreneurs. We aim to find ways the government can make cross-border trade easier. Take part here: tfsurveysa.org
  • 6 July 2021 – The Commissioner of the South African Revenue Service (SARS), Mr Edward Kieswetter, and the Chief Executive Officer (CEO) of the South African Institute of Chartered Accountants (SAICA), Mr. Freeman Nomvalo, have agreed to establish a mutually beneficial partnership to build capability in SARS. See the media release: SARS and SAICA sign MOU to help capacitate revenue collector.
  • 6 July 2021 – The Internal Revenue Service Criminal Investigation Division (IRS-CI) and the South African Revenue Service (SARS) enforcement divisions are joining forces to fight tax and economic crimes affecting both countries. See the media release: IRS Criminal Investigation and SARS join forces to fight international crimes.
  • 6 July 2021 – Did you donate to the Solidarity Fund or to another Public Benefit organisation during the 20/21 Filing Season? We will help you understand some of the unique features in the 20/21 Filing season, such as the difference between payroll giving and a direct donation; the supporting documents you require and other frequently asked questions.

For more information see the Tax Exempt Institution webpage:

  • See the following important information on the Tax Exempt Institution, Section 18A donations and Solidarity Fund donations:
  • Frequently Asked Questions:
  • How do I claim S18A deductions on the ITR12 return?
    To claim donations made by the donor in a personal capacity, the following questions must be answered on the return wizard:
  • Do you want to claim donations made to an approved organization(s) in terms of s18A?
  • How many organizations did you donate to?
    Upon answering these questions, the donation containers for both source codes 4055 & 4011 will open on the return.
    • Which documents are required to support my S18A claim?A valid section 18A certificate provided by a S18A-approved organization. If the donation was made through your employer, the IRP5 certificate issued by your employer will suffice.

    BPR 367 – Employment tax incentive

    • 6 July 2021 – As from July 2021 SARS will start to impose administrative penalties for PAYE where the employer has failed to submit the annual Employer Reconciliation Declaration Form (EMP501). PAYE administrative penalties will be implemented in 1% increments over a period of 10 months from June 2021 in respect of the reconciliation ending 28/29 February 2021 and for subsequent years. The imposition, adjustment or cancellation of the PAYE administrative penalty will be communicated to the employer through the Notice of Penalty Assessment (EMP301) and the statement of account (EMPSA) via the following channels:
    • EFiling and / or e@syFile communication centre; or
    • Emailed to the employer if the employer is not a registered eFiler.

    See the guide for How to submit a Dispute via eFiling here.

    • 2 July 2021 – The list of borders and ports on the Customs & Excise webpage is updated daily with changes. Please keep an eye on the Customs & Excise landing webpage for the latest changes:
      • 2 July 2021 – Skilpadshek will close today at 11:00 and reopen tomorrow morning at 6:00.
      • UPDATED – 1 July 2021 – Kopfontein will reopen tomorrow morning at 6:00.
      • 1 July 2021 – Ramatlabama temporary operational hours will be 6:00 to 18:00 from 1 July 2021 to 9 July 2021.
      • 1 July 2021 – Skilpadshek temporary operational hours will be 6:00 to 18:00 from 1 July 2021 to 9 July 2021.
      • 30 June 2021 – Kopfontein updated operational hours: From 30 June to 2 July it will be 6:00 – 18:00. On 5 July to 6 July it will also be 6:00 – 18:00.
      • 29 June 2021 – Mananga Port of Entry is closed until further notice.
      • 29 June 2021 – Golela Port of Entry is closed for exports until further notice.
      • etc.
    • 2 July 2021 – The annual carbon tax accounts and payments for the 2020 tax period, which started on 1 January 2020 and ended on 31 December 2020, are now due. The Excise declaration (EXD 180) account, with its relevant annexures and carbon tax payments, can be submitted on eFiling from 1 July 2021. Please note, the closing date for submissions is 29 July 2021 at 15:00. For the requirements and more information, see our carbon tax communique.
    • 2 July 2021 – Customs & Excise Act, 1964: Draft Excise forms relating to registration and licensing and the Automotive Production and Development Programme (APDP)

    Due date for public comment: 22 and 23 July 2021 , respectively

    • 1 July 2021 – Filing Season for Individuals opens today. The timelines are:
    • 1 July to 23 November 2021:

      Kindly take note of the recent precautions around branch visits, physical visits will only commence on 16 August 2021 again.

      For the latest information, changes and enhancements on Filing Season, visit the Filing Season 2021 webpage.

      Guides published so far are:

      Remember to watch our easy tutorial videos on www.youtube.com/sarstax.

      • 1 July 2021 – Income Tax Act, 1962: Publication of two guides relating to capital gains tax:
        • ABC of Capital Gains Tax for Individuals (Issue 12)
        • ABC of Capital Gains Tax for Companies (Issue 10)
      • 1 July 2021 – Customs & Excise Act, 1964: The tariff amendment notices, scheduled for publication in the Government Gazette, relate to the amendments to –

      Part 1 of Schedule No. 1, by the substitution of tariff subheadings 1001.91 and 1001.99 as well as 1101.00.10, 1101.00.20, 1101.00.30 and 1101.00.90, to reduce the rate of customs duty on wheat and wheaten flour from 19,17c/kg and 28,76c/kg to Free of duty respectively, in terms of the existing variable tariff formula – Minute M02/2021

      1 July 2021 – SARS has recently published an update on its website in relation to home office expenses. This statement serves to provide additional clarity for individual taxpayers who may be considering submitting claims for home office expenses in their income tax returns that that can now be filed for the 2021 tax year. See the media release here.

      • Form 1- Objection to the Processing Of Personal Information in terms of section 11(3) of the POPIA; and
      • Form 2- Request for correction or deletion of Personal Information or destroying or deletion of record of Personal Information in terms of Section 24(1) of POPIA.

      The forms are accessible on pages 13 to 15 of the POPIA Regulation.

      For more information, visit the Terms and Conditions on the SARS website and click here for the Promotion of Access to Information Act (PAIA) Manual.

      • 1 July 2021 – The SARS Commissioner, Edward Kieswetter, launched the Filing Season 2021 and highlighted the changes, enhancements and the importance of making use of the digital and virtual channels. It’s the first ever launch of a completely virtual Tax Filing season. There are no physical branches open for in person public engagement. For at least the next 6 weeks, as we find ourselves in the cauldron of the third wave, all engagements with taxpayers will be through our on line digital offerings. See his full statement is here.





      DivisionLegal and Policy
      Date8 July 2021