Legal COUNSEL Publications
This part of the website contains the following types of publications owned and issued by Legal Counsel:
The guides are issued under the Tax Administration Act, 2011. This Act commenced on 1 October 2012 and guides are being reviewed to take its provisions into consideration.
The guides are neither "official publications" as defined in the Act, nor are they binding on SARS. They are merely intended to assist taxpayers in the practical interpretation and application of the requirements set by law.
For ease of reference, they have been grouped according to their application under the different types of tax.
These guides are generally updated when the primary legislation has changed and must be read in conjunction with any secondary legislation published in the Government Gazette after the particular guide has been published.
The Forms are intended to be used by stakeholders for legal matters only, e.g. a Power of Attorney form.
If a form is not available in the Legal Counsel area, please make use of the general SARS Find a Form tool (e.g. for customs and excise forms, income tax forms etc).
Average Exchange Rates
The Average Exchange Rates are for purposes of applying the provisions of the Income Tax Act, 1962 and the schedules are updated on a quarterly basis. The figures are based on the foreign exchange transactions of commercial banks as provided by the South African Reserve Bank (SARB).
Tables of Interest Rates
There are three main categories for interest rates charged in terms of the legislation administered by SARS, i.e.-
- interest charged on outstanding taxes, duties and levies and payable in respect of refunds of tax on successful appeals and certain delayed refunds
- interest payable on credit amounts (overpayment of provisional tax) in terms of section 89quat(4) of the Income Tax Act, 1962
- interest applicable to a loan denominated in the currency of the Republic, as described in paragraph (a) of the definition of 'official rate of interest' in paragraph 1 of the Seventh Schedule to the Income Tax Act, 1962
There is a difference in the effective date for the interest rate when it is announced under the Public Finance Management Act, 1999 and in the date it applies for purposes of the Income Tax Act, 1962. A note to explain the difference is available at the bottom of each of the Tables of Interest Rates