DRAFT DOCUMENTS FOR PUBLIC COMMENT

 
All comments received on drafts are considered in full, but due to time constraints, no individual correspondence will be entered into.
 
The draft documents are categorised according to their due date for comments and comments may be submitted per email to the address indicated in the last column.
 
 
 

Latest draft uploaded for comment

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 29 June 2017 & 6 July 2017

Next due date for comments​ Legislation Category Description​​ Send comments to​​
22 June 2017
Extended to 29 June 2017
New!​
​Tax Administration Act, 2011​​​

​Draft Public Notice

Explanatory Note:
This draft public notice is to be issued in terms of section 25 of the Tax Administration Act, 2011, which enables the Commissioner to by public notice require specified persons to submit returns as provided in the notice.

Also see EXTERNAL BUSINESS REQUIREMENTS SPECIFICATION: Country-by-Country and Financial Data Reporting

acollins@sars.gov.za
​​23 June 2017​ ​Employment Tax Incentive Act, 2013​​

Draft Binding General Ruling

Explanatory Note:
Issues have been raised with regard to the calculation of the 160 hours stipulated in section 4(1)(b) of the Employment Tax Incentive Act 26 of 2013. The BGR provides clarity regarding this issue.

policycomments@sars.gov.za
6 July 2017​
New!​
Customs & Excise Act, 1964​​​​

Draft Amendment Notices

Explanatory Notes:

1. Part 1 of Schedule No. 1 is amended to –

  • insert 8-digit tariff subheadings to make a distinction between antimicrobials for human use and those for veterinary use in tariff headings 29.41, 30.03 and 30.04;
  • to make provision for “other” under tariff heading 3920.20.9; and
  • to substitute statistical unit of tariff subheading 9506.99.20.

2. Part 1 of Schedule No. 1 (chicken) to amend the structure of fowls of the species Gallus domesticus.

3. Part 1 of Schedule No. 2 is amended as a consequence of the restructuring in Part 1 of the Schedule No. 1 to amend the structure of fowls of the species Gallus domesticus.

4. Part 2 of Schedule No. 4 is amended as a consequence of the restructuring in Part 1 of Schedule No. 1 to amend the structure of fowls of the species Gallus domesticus

5. Part 1F of Schedule No. 6 is amended to insert refund item 624.14 on distillate fuel received in a licensed customs and excise manufacturing warehouse for the express purpose of blending with heavy fuel oil classifiable in tariff subheading 2710.12.35 at a ratio not exceeding 30% of distillate fuel used in the manufacture of intermediate fuel oil.

6 Part 3 of Schedule No. 6 to insert refund item 670.13/000.00/01.00 on distillate fuel received in a licensed customs and excise manufacturing warehouse for the express purpose of blending with heavy fuel oil classifiable in tariff subheading 2710.12.35 at a ratio not exceeding 30% of distillate fuel used in the manufacture of intermediate fuel oil.

AMpanza@sars.gov.za
mmaphosa@sars.gov.za
​31 July 2017 ​Customs Duty Act, 2014

Customs Duty Rules

Explanatory Note:
Part 2 of Chapter 3 of the Customs Duty Rules, dealing with Deferment is hereby published for public comment.
 
Note that the draft Part has not been renumbered as renumbering will be done once the Part is inserted into the text of Chapter 3 of the Customs Duty Rules. 

C&E_legislativecomments@sars.gov.za
31 August 2017 Income Tax Act, 1962​​ Draft Interpretation Note
Explanatory Note:
The draft interpretation note on “Section 24I – gains and losses on foreign exchange transactions” provides guidance on the interpretation and application of section 24I. Section 24I deals with the income tax treatment of foreign exchange gains and losses on exchange items as well as premiums or like consideration received or paid in respect of foreign currency option contracts (FCOC) entered into and any consideration paid in respect of an FCOC acquired by certain persons.

The tax treatment of transactions denominated in a foreign currency often requires a consideration of section 24I and other provisions of the Act. This Note identifies some of the situations in which one or more of these provisions may apply. For example, if trading stock, the purchase price of which is denominated in USD, is purchased on credit from a supplier, the provisions of section 25D and section 24I are relevant.

This Note will withdraw and replace Practice Note 4 dated 8 March 1999 “Income Tax: The Treatment of Gains and Losses on Foreign Exchange Transactions in terms of Section 24I of the Income Tax Act, 1962 (the Act)”.
policycomments@sars.gov.za
 
 
  

 

 

Sorry, you've missed the due date.

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Type of Draft & Description

​20 June 2017 ​Customs & Excise Act, 1964​​​ Draft Rule Amendment
​26 May 2017 ​​Customs & Excise Act, 1964​​

​Draft Amendments

​Not for comment ​Customs Control Act, 2014

Customs Control Rules (Third Draft)

Explanatory Note:
The third draft of the Customs Control Rules made under the Customs Control Act 31 of 2014, is hereby published for sight. As previously explained to stakeholders, this draft has been "frozen" for purposes of SARS systems development.

Please note that the draft is not published for public comment.

​4 May 2017 ​Value-Added Tax Act, 1991

Draft Binding General Ruling

Explanatory Note:
This Binding General Ruling sets out the instances in which the supply of gold is regarded to be a supply of “second-hand goods” as defined in section 1(1) and when notional input tax may be deducted in respect thereof.

​4 May 2017 ​Value-Added Tax Act, 1991

​​Draft Interpretation Note

Explanatory Note:
This draft Note sets out the VAT treatment of the international transportation of passengers and/or goods, the VAT treatment of ancillary transport services, and rate of tax applicable to each of the aforementioned transportation services.

This Note does not deal with the VAT treatment of exempt passenger transport as envisaged in section 12(g).

28 April 2017 ​Income Tax Act, 1962 ​​Draft Interpretation Note
Explanatory Note:
This Note provides guidance on the circumstances under which section 10(1)(o)(iA) exempts the remuneration, derived by a person as an officer or crew member of a South African ship, from normal tax.
28 April 2017 ​Value-Added Tax Act, 1991​​ Draft Interpretation Note
Explanatory Note:
This Note sets out the –
  • VAT implications regarding the supply of an enterprise disposed of as a going concern;
  • requirements for zero-rating the supply of an enterprise disposed of as a going concern; and
  • VAT treatment of the supply of goods or traservices used partly for carrying on the enterprise disposed of as a going concern and partly for other purposes.
​21 April 2017 ​​Income Tax Act, 1962 Draft Interpretation Note
Explanatory Note:
The withholding tax on royalties applies to royalties paid by a resident to a non-resident for the use of intellectual property belonging to the non-resident. Like other withholding taxes, withholding taxes on royalties can potentially be reduced or eliminated by a tax treaty between the states of the contracting parties.

The withholding tax on royalties was previously contained in section 35, which provided for a withholding rate of 12%. Owing to the need for uniformity between the different types of withholding taxes, the withholding regimes were amended. Section 35 was accordingly repealed and replaced with sections 49A to 49H with effect from 1 July 2013. The withholding rate was increased to 15% with effect from 1 January 2015.
 
​13 April 2017 ​Income Tax Act, 1962​

Draft Interpretation Note

Explanatory Note:
Interpretation Note 60 on the loss on disposal of depreciable assets has been updated to take account of legislative amendments.

Interpretation Note 60 (Issue 2) has been released as a draft for comment.

5 April 2017 ​Value-Added Tax Act, 1991​ Draft Binding General Ruling
Explanatory Note:
This BGR sets out the factors that will be considered by the Commissioner in determining whether potatoes are being supplied as seed, to be used or consumed for agricultural, pastoral or other farming purposes, or as vegetables, that is, the supply consisting of foodstuffs, and the general VAT treatment of the supply of potatoes under these provisions.
​31 March 2017 ​Income Tax Act, 1962​​ Draft Interpretation Note
Explanatory Note:
Interpretation Note 67 (Issue 2) on the definition of "connected person" has been updated to take account of legislative amendments and also includes a discussion regarding "connected persons" in relation to deceased estates and insolvent estates. 
Interpretation Note 67 (Issue 3) has been released as a draft for comment.
​31 March 2017 ​Income Tax Act, 1962​​ Draft Interpretation Note
Explanatory Note:
This Note provides guidance on –
  • the interpretation and application of the definition of "risk policy" in section 29A(1); and
  • the once-off election by an insurer to transfer certain policies or classes of policies issued before 1 January 2016 to the risk policy fund under section 29A(13B).
​31 March 2017 ​National Legislation Draft Bill
​24 March 2017 ​Mineral and Petroleum Resources Royalty Act, 2008​, and Mineral and Petroleum Resources Development Act, 2002​ Draft Interpretation Note
Explanatory Note:
This Note, which was previously issued as a draft BGR, provides clarity on the interpretation of the term "extracted" referred to in section 6A(1)(b) of the Mineral and Petroleum Resources Royalty Act, 2008​
10 March 2017 Mineral and Petroleum Resources Royalty Act, 2008​​ Draft Binding General Ruling
Explanatory Note:
This BGR provides clarity on the treatment of expenditure incurred in respect of transport, insurance, and handling of refined and unrefined minerals for purposes of sections 5(3)(c) and 6(3)(a) and (b), respectively.
3 March 2017 ​Income Tax Act, 1962​ Draft Binding General Ruling
Explanatory Note:
This BGR provides clarity on the interpretation and application of the funding requirement in
section 30B(2)(b)(ix).
10 February 2017 ​Income Tax Act, 1962 Draft Interpretation Note
Explanatory Note:
This Note provides guidance on the interpretation and application of section 11D, which contains an incentive to taxpayers carrying on research and development (R&D). Amendments to legislation up to 1 January 2015 are taken into account for purposes of this Note.
Important changes introduced from 1 October 2012 are the pre-approval process administered by the Department of Science and Technology (DST), the appointment of a Committee and the extension of the mandate of the Committee as discussed in this Note.

Another fundamental change is that the deduction for capital expenditure incurred on any building, machinery, plant, utensil or article used for R&D purposes has been moved from section 11D to sections 12C and 13.
20 January 2017 ​Customs & Excise Act, 1964​​ Draft Rule Amendment
 
Draft amendment of rules to sections 13, 46A and 49 in respect of the –
  • Economic Partnership Agreement between the SADC EPA states, of the one part, and the European Union and its' member states, of the other part; and
  • Preferential Trade Agreement between the Common Market of the South (MERCOSUR) and the Southern African Customs Union (SACU)
See also –
15 January 2017 ​Customs & Excise Act, 1964​​ Draft Rule Amendments
 
 
 
  • Draft amendment in Part 3E of Schedule No. 1 to –
    • substitute the Notes to determine the calculation on the imported / locally manufactured tyres if the actual tyre mass is not available;
    • provide for hybrid motor vehicles that were introduced with the implementation of HS 2017;
    • remove re-treaded tyres for motor cars, buses and lorries; and
    • delete tariff subheadings 9801.0010 to 9801.00.55 in the tyre levy.
 
 
 
 
 
 
 
  • Form DA 185.4B2
    (This form has been withdrawn from this round for public comments, as it has been circulated for comments previously. No comments were received.)
27 June 2016​
extended to
29 July 2016

Further extended to 30 December 2016
​Income Tax Act, 1962 & Value-Added Tax Act, 1991

Draft Guide

 

Explanatory Note:
The income and expenditure of sports clubs and players have various income tax, employees’ tax and value-added tax implications. The Draft Guide on the Taxation of Professional Sports Clubs and Players is meant to provide clarity in relation to some of the issues and situations experienced by sports clubs and sportspersons in South Africa. As not every situation can be addressed, the guide seeks to provide guidance on those matters most commonly experienced.

 

30 November 2016 ​Income Tax Act, 1962 Draft Interpretation Note
Explanatory Note:
This Note explains the treatment of unclaimed benefits that accrued to members (both before and from 1 March 2009) for income tax purposes.
30 November 2016 ​Customs Duty Act, 2014​​​ Draft Customs Duty Rules
Explanatory Note:
The second draft of the Customs Duty Rules made under the Customs Duty Act, 2014 (Act No. 30 of 2014), is hereby published for public comment.
​23 November 2016 ​Customs & Excise Act, 1964 Draft Rule Amendment
Explanatory Note:
1 January 2017 marks the implementation of the 2017 version of the Harmonized System
(HS) Nomenclature. South Africa will implement the amendments to the HS 2017, in terms of section 48(1)(c), with effect from 1 January 2017.
 
Rebate users are currently registered with SARS in terms of the current HS items, tariff headings and subheadings. The draft amendment to rule 75.00 avoids a re-registration process in terms of the HS 2017 for rebate users.
​14 November 2016 ​Customs & Excise Act, 1964 Draft Rule Amendment
Explanatory Note:
South Africa is a Contracting Party of the Convention on the Harmonized Commodity Description and Coding System (HS Nomenclature) elaborated under the WCO and has an obligation to adopt and implement the amendments to it. As a signatory to the HS Convention, South Africa implements the amendments in terms of section 48(1)(c) of the Customs and Excise Act, 1964. Due to amendments to Schedule 1 Part 2A of the Act, the DA 260 excise accounts for wine require changes to tariff items and subheadings.
​​18 October 2016 ​Income Tax Act, 1962 Draft Binding General Ruling
Explanatory Note:
This BGR provides clarity on the meaning of "annual or other long-term member" referred to in section 30B(2)(b)(ix).
14 October 2016 ​Income Tax Act, 1962
Draft Regulations
Explanatory Note:
Draft regulations on the process to be followed for transfers were published in March of this year and comments received were considered when drafting these revised amendments.
For more information, see the press release issued by National Treasury.
​10 October 2016 ​National Legislation

Draft Bills - 2016 Draft Taxation Laws Amendment Bill and Draft Tax Administration Laws Amendment Bill

2nd batch


Explanatory Note:
See the media statement issued by National Treasury on the 2016 Draft Taxation Laws Amendment Bill (Second Batch): Request for Public Comments on draft bill including Employment and Learnership Tax Incentives.

National Treasury and the South African Revenue Service (SARS) hereby publish a second batch of the 2016 Draft Taxation Laws Amendment Bill (TLAB) for public comment, following the first batch TLAB published on 8 July 2016. The Bill contains additional amendments relating to the Employment Tax Incentive (ETI) and the learnership tax incentive, and revised amendments for proposals concerning interest free loans to trusts and restricted equity shares (for employee share schemes). Without further
legislative amendments the ETI is set to expire on 31 December 2016 and the learnership tax incentive on 30 September 2016.

8 September 2016 ​Customs & Excise Act, 1964 Draft Rule Amendments 
Explanatory Notes:
An explanatory memorandum has been added to the draft notices wherein all the different proposed amendments are explained.
6 September 2016 ​Customs & Excise Act, 1964​ Draft Rule Amendment
Explanatory Note:
SARS administers the Generalised System of Preferences offered by the Russian Federation in terms of rule 46A3. The rules are being amended to align it to the new enactments of the Russian Federation received from the South African Embassy in Moscow. The amendments entail word changes but the administration remains unchanged. Some of the rule amendments include the addition of "least developed countries", change in numbering to the rules of determination of the origin of goods, replacement of the term "Russian Federation" with "Member State" and "common customs territory".
30 August 2016 ​Customs & Excise Act, 1964​​

Draft Rule Amendment

Explanatory Note:
Amendment of the "15:00 rule" regarding the electronic submission of clearance declarations when any tariff heading or item of any Schedule has been amended.

25 August 2016 ​Customs & Excise Act, 1964​​ Draft Rule Amendment
Explanatory Note:
The supply of vegetable oils (excluding olive oil) under section 11(1)(j) read with Item 14 in Part B of Schedule 2 to the VAT Act is zero-rated, provided the vegetable oils is marketed and supplied for use in the process of cooking food. These are also VAT exempt when imported under section 13(3) read with paragraph 7 of Schedule 1 to the VAT Act The tariff amendment is required to align the relevant provisions in Schedule No.1 Part 1 of the Customs and Excise Act to those of the VAT Act.

19 August 2016

​​Tax Administration Act, 2011

​Draft Public Notice

Explanatory Note:
The draft notice setting out additional record-keeping requirements for transfer pricing transactions is hereby published for a final round of public comment.

The initial draft was published on 15 December 2015.

19 August 2016 ​Customs & Excise Act, 1964​

Draft Rule Amendment

Explanatory Note:
Comments received on the previous draft Rule Amendment Notice, published on 3 June 2016, were considered. The amendments require a further publication for comment.

8 August 2016 ​National Legislation Draft Bills
The following draft Bills, Explanatory Memorandum and Media Statement have been published on National Treasury's website for a third round of comment:
  • Draft Rates and Monetary Amounts and Amendment of Revenue Laws Bill, 2016 
  • Draft Rates and Monetary Amounts and Amendment of Revenue Laws (Administration) Bill, 2016
  • Draft Explanatory Memorandum on the Special Voluntary Disclosure Programme in respect of offshore assets and income
  • Media Statement – Revised Special Voluntary Disclosure Programme in respect of offshore assets and income
Explanatory Note:
The National Treasury and SARS have already asked and received comments on two previous versions of these Bills. Any additional comments on the revisions included in the latest drafts of the Bills should please be forwarded in writing to the e-mail provided.
8 August 2016 ​National Legislation

Draft Bills

1st batch

 
Explanatory Note:
See the media statement issued by the National Treasury.
 
The Draft Bills contain amendments to tax Acts, to give effect to changes proposed in the Budget Speech and the Budget Review of 2016.
​29 July 2016 ​Income Tax Act, 1962​ Draft Interpretation Note
Explanatory Note:
This draft Interpretation Note provides guidance on the interpretation and application of section 25BB which deals with the taxation of REITs and controlled companies. It also considers other selected provisions of the Act that are particularly relevant to REITs, controlled companies and the holders of shares or linked units in these companies. 
30 June 2016​ ​Customs & Excise Act, 1964 Draft Rule Amendment
Explanatory Note:
As discussed in the Industry Forum on Movement of New Imported Vehicles on Own Wheels held on 16 May 2016, comments are invited on the draft amendment as published.
21 June 2016 ​​Customs & Excise Act, 1964​​ ​Draft Amendment Notice
Explanatory Note:
The proposed amendments of Schedule No. 6 to the Act are contained in the draft amendments as follows:
  • Section C to Part 1 of Schedule No. 6 is amended to provide for the refund provision for the return of duty paid wine, vermouth and other fermented beverages which are off-specification or has become contaminated or has undergone post-manufacturing deterioration.
1 June 2016 ​Customs & Excise Act, 1964​​ Draft Rule Amendment
Explanatory Note:
The proposed rule amendment restricts the bulk removal of other fermented beverages to combat the illegal movement of such products to the illicit market. Bulk other fermented beverages will only be allowed to move to another licensed manufacturing warehouse, a licensed special storage warehouse, or for direct export. For purposes of the amendment, bulk other fermented beverages are such products that are not in packaging for retail sale.
18 May 2016 ​Customs & Excise Act, 1964​ ​​Draft Amendment Notice
 
Draft amendment for the insertion of Note 6, refund items 620.22/104.15, 620.23/104.16 and 620.24/104.17 in Section C to Part 1 of Schedule No. 6
Explanatory Note:
The proposed amendments of Schedule No. 6 to the Act are contained in the draft amendments as follows:
  • Section C to Part 1 of Schedule No. 6 is amended to provide for the refund provision for the return of duty paid wine, vermouth and other fermented beverages which have gone-off specification, or in respect of which post-manufacture deterioration have occurred.
​3 May 2016 ​Tax Administration Act, 2011 Draft Regulations
Explanatory Note:
The Regulations specify the country-by-country reporting standard for multinational enterprises
29 April 2016 ​​National Legislation Draft Bills
Explanatory Note:
See the media statement issued by the National Treasury.
Explanatory Memoranda for these Bills are not issued, as matters are forthcoming from the 2016 Budget Review.
25 April 2016 ​Customs & Excise Act, 1964​ Draft Amendment Notice
 
Draft amendment of Part 1 of Schedule No. 1 to insert new provisions for fruit not containing any added sugar or sweetening matter in heading 08.11.
Explanatory Note:
The supply of fruit under Item 13 of Schedule 2 to the VAT Act is zero-rated if supplied by a vendor, and exempt from VAT on importation. Item 13 excludes fruit cooked or treated otherwise for the purpose of preserving such fruit in its natural state. The tariff amendment is required to align the relevant provisions in Part 1 of Schedule No. 1 of the Customs and Excise Act to Item 13 of Schedule 2 to the VAT Act.
22 April 2016 ​Value-Added Tax Act, 1991 Draft Binding General Ruling
Explanatory Note:
This BGR sets out circumstances and conditions under which an –
  • electronic services supplier is not required to register as a vendor in the Republic; or
  • electronic services supplier will not be required to account for output tax for the supply of electronic services facilitated by intermediaries; and
  • intermediary is required to account for output tax in relation to the supply of electronic services by an electronic services supplier to a recipient.
22 April 2016 ​Value-Added Tax Act, 1991 Draft Binding General Ruling
Explanatory Note:
The draft BGR deals with the documentary proof in relation to the deduction of input tax on importation.
1 April 2016
Extended to
15 April 2016​​
​Customs Control Act, 2014 ​​ Draft Customs Control Act Rules

Explanatory Note
:
Explanatory Note – Draft Customs Act Rules – Second Round
8 April 2016 ​National Legislation​ Draft Regulations
Explanatory Note:
To amend Regulation 9 of the Regulations R.172 of 25 February 2015
22 March 2016
Extended to
7 April 2016
​Tax Administration Act, 2011​ Draft Notice
Explanatory Note:
This draft notice proposes the replacement of the promulgated rules in terms of section 255 of the Tax Administration Act, 2011, prescribing the rules of electronic communication (Notice 664 published in Government Gazette No. 37940, dated the 25th of August 2014).
15 March 2016 ​Value-Added Tax Act, 1991

Draft Binding General Ruling

Explanatory Note:
The BGR sets out the information that must be contained in documentation for it to be regarded as being acceptable to the Commissioner, where the vendor is unable to obtain the documents specified under section 16(2)(a)-(f).

15 January 2016
Extended to
31 January 2016

Further extended to 28 February 2016
​​​Customs & Excise Act, 1964 Draft Rule Amendment
Explanatory Note:
In order to improve the operational information available to SARS for anti-illicit tobacco excise enforcement, all tobacco manufacturing equipment are required to be fitted with functional sealed counters.  Production quantities for each tobacco manufacturing plant shall be determined by means of these counters that will be sealed by SARS officials at the expense of the manufacturer.
26 February 2016 ​Income Tax Act​​, 1962 ​​​Draft Guide
Explanatory Note:
This draft guide contains information about a simplified tax system that is available for micro businesses (businesses with a qualifying turnover of R1 million or less). The system provides for a single tax in the place of normal tax, capital gains tax (CGT) and dividends tax. Under normal circumstances an application to switch to (or from) the system must be made before 1 March each year. 
19 February 2016 Customs & Excise Act, 1964 Draft Amendment Schedule 6
  • Note 6(f) to substitute Notes (ii)(cc); (iii)(ss) and (iv) and to insert new Notes 6(f)(iii)(vv) and (h)(viii) in Part 3 of Schedule No. 6

Explanatory Note:
Interim amendments to the diesel fuel tax refund system are proposed as follows:
  • Cessions of mining rights
  • Mining rehabilitation
  • Quarrying
  • Small-scale sugarcane growers
As contractors and joint ventures are currently addressed through dispute resolution, no interim amendments to the present system are included for such beneficiaries.

To give effect to this proposal the draft amendments to the Schedule to the Act are contained in the draft amendments as follows:
  1. By the substitution of Note 6(f)(ii)(cc)
  2. By the substitution of Note 6(f)(iii)(ss)
  3. By the substitution of Note 6(f)(iv)
  4. By the insertion of Note 6(f)(iii)(vv)
  5. By the insertion of Note 6(h)(viii)
19 February 2016 ​Tax Administration Act, 2011 ​​Public Notice listing incidences of non-compliance in respect of the OECD Standard for Automatic Exchange of Financial Account Information in Tax Matters to be promulgated in Regulations under section 257 of the Tax Administration Act, 2011, that are subject to a fixed amount penalty under Chapter 15 of the Act.
​5 February 2016 ​Tax Administration Act, 2011​​ Draft Public Notice
Explanatory Note:
The draft notice sets out additional record-keeping requirements for transfer pricing transactions.
​29 January 2016 ​​Tax Administration Act, 2011​ ​​​Draft Public Notice

Explanatory Note:
The draft notice proposes the listing  of additional considerations in terms of section 80(2) of the Tax Administration Act, 2011.

​8 January 2016 ​Mineral Petroleum Resources Development Act No. 28 of 2008​ ​Draft Binding General Ruling

 

Explanatory Note:

This BGR provides clarity on the interpretation of the statement “condition in which that mineral resource was extracted” referred to in section 6A(1)(b) of the Mineral and Petroleum Resources Development Act No. 28 of 2008

​4 January 2016 ​Tax Administration Act, 2011​ ​​Draft Amendments proposed to the Common Reporting Standards in South Africa in terms of TAA, 2011

Explanatory Notes:
Implementing the Common Reporting Standard in South Africa in terms of Regulations under the Tax Administration Act, 2011

30 November 2015
 
​Tax Acts​
Media Release
Explanatory Note:
NT Media Release: Technical Tax Proposals for 2016 Budget Review
​20 November 2015 ​Customs & Excise Act, 1964​ Draft Rule Amendment
Explanatory Note:
Currently, section 73 regulates currency conversion for imported goods.
The proposed rule amendment extends currency conversion to the value of goods exported if that value is expressed in a foreign currency. Because an entry can be prepared and submitted prior to the date the applicable conversion rates are published, it is proposed that the applicable date for a currency conversion in respect of goods exported or to be exported from the Republic is the date of the last day prior to the day on which the goods were entered for export
 
13 November 2015 ​Tax Administration Act​ Draft Notice
Explanatory Note:
This draft public notice is issued in terms of section 26 of the Tax Administration Act, 2011, which enables the Commissioner to by public notice require certain third parties to submit returns as provided in the notice.
 
The draft notice will, with effect from its date of publication, replace Notice 260 issued in Government Gazette No. 36346 dated 5 April 2013 and Notice 420 issued in Government Gazette No. 36565 dated 14 June 2013. 
 
​25 September 2015 ​Customs & Excise Act, 1964​ Draft Tariff Notices 
Explanatory Note:
The amendment in Part 1 of Schedule No. 1 proposes that a distinction is made in tariff subheading 2004.10 between processed potatoes on an 8-digit level for statistical purposes 
 
Part 3 of Schedule No. 2 is proposed to be amended accordingly
18 September 2015 ​Income Tax Act, 1962​​ Draft Interpretation Note
  • Draft IN on PBOs - The provision of funds, assets or other resources to associations of persons contemplated in Public Benefit Activity 10(iii)
Explanatory Note:
This draft focuses on "conduit PBOs" which provide funds to "associations of persons" which, in turn, must use such funds to carry on qualifying public benefit activities (PBAs). While the association of persons is not itself a PBO, the conduit PBO providing funds to it, must monitor how the funds are spent in order to ensure that the association of persons is using the funds for carrying on qualifying PBAs. The monitoring requirement imposed on the conduit PBO is a prerequisite for its continued approval as a PBO. 
 
20 July 2015 ​​Customs & Excise Act, 1964​ Draft Rule Amendment
Explanatory Note:
The amendment includes the addition in rule 64E.14 of two new benefits for Level 2 accredited client status relating to the examination of goods
​​30 June 2015 ​Tax Administration Act, 2011
Draft Public Notice on Reportable Arrangements
Explanatory Note:
The draft proposes the addition of a reportable arrangement in terms of section 35(2) to the current list
 
5 June 2015
 
Extended to 19 June 2015 
​Customs Duty Act, 2014
Draft Customs Duty Rules
Explanatory Note:
The draft contains the draft rules proposed under Chapters 1, 3 to 9 and 11 to 13 of the Customs Duty Act, 2014 (Act No. 30 of 2014)
 
Kindly use the Comment Sheet template to submit the comments you might have by no later than 5 June 2015

Note:
The due date for comments is extended to 19 June 2015 
 
Please note that consequential amendments following alignment of Chapter 37 of the Customs Control Act with Tax Administration Act procedures on dispute resolution will be effected to i.a. Chapter 11 of the Duty Act. 
 
These amendments will be published in due course.
 
25 May 2015 ​Customs & Excise Act, 1964
Draft Rule Amendments in terms of sections 28, 32 and 110
 
Explanatory Note:
For purpose of testing alcoholic strength, the obsolete alcohol hydrometer is replaced by the current alcohol density metre technology for spirits and a gas chromatograph for mineral ethanol
 
​30 April 2015

​Income Tax Act, 1962

Interpretation Note

Draft Interpretation Note
Explanatory Note:
This draft provides guidance on whether the extradition of the following deposits from the earth constitute "mining operations" and "mining" for income tax purposes:
  • Clay
  • Granite
  • Gravel
  • Limestone
  • Rock
  • Sand
  • Slate
  • Stone
​​20 February 2015

​Customs Control Act, 2014

Draft Amendment Act amendments and Draft Notices

Customs Control Rules
Explanatory Notes:
This is the Fourth Batch of Draft Customs Control Rules containing the draft rules for Chapters 32 to 41
 
Annexure A contains the "penalty list" and has been incorporated in the document for ease of reference. Although it doesn't currently form part of the Rules, it will be published at a later stage as the list referred to in section 876(1)(a) of the Customs Control Act, 2014
 
 
The draft amendments proposed for Chapter 37 are aimed at establishing uniform appeal and dispute resolution procedures for the Customs Control Act, 2014 and the Tax Administration Act, 2011 (TAA) and for that purpose to align the provisions of Chapter 37 of the Control Act with the corresponding provisions contained in Chapter 9 of the TAA
 
Please read this with the Fourth Batch of Draft Customs Control Rules and use the comment sheet template after you have adapted it to your needs
 
14 November 2014

​Customs Control Act, 2014

 

Draft Rules

Explanatory Note:
The draft contains the draft rules proposed under Chapters 21 and 23, and Chapters 25 to 31 of the Customs Control Act, 2014 (Act No. 31 of 2014)
 
Kindly use the Comment Sheet template to submit the comments you might have by no later than 14 November 2014
 
26 September 2014

​Customs Control Act, 2014

 

Draft Rules

Explanatory Note:
The draft contains the draft rules proposed under Chapters 11 to 20 and Chapter 24 of the Customs Control Act, 2014 (Act No. 31 of 2014)
 
Kindly use the Comment Sheet template to submit the comments you might have, by no later than 26 September 2014
 
​29 July 2014

​Customs Control Act, 2014

 

Draft Rules

Explanatory Note:
The draft Rules in terms of the proposed Customs Control Act (which is currently still the Customs Control Bill, 2013 [B45B of 2013]) are those proposed in terms of Chapters 1 and 3 to 10
 
Kindly use the Comment Sheet template to submit the comments you might have, by no later than 29 July 2014 
​23 June 2014

​Income Tax Act, 1962

​Draft Regulations in terms of paragraph 12D(5)(a) the Seventh Schedule on the -
Explanatory Note:
 
​30 June 2014 ​Draft Discussion Paper
​A review of the taxation of alcoholic beverages in South Africa
Explanatory Note:
National Treasury released these documents on 5 May 2014, following the 2010 and 2012 Budget Announcements. The discussion paper covers the following areas:
  • Experience of current excise duty structure for alcoholic beverages since 2002
  • Recent developments in excise policy formulation both locally and internationally
  • Alcohol excise tax anomalies
  • Scope for utilising the excise duty system to effectively internalise the social external costs arising from alcohol abuse
  • Policy reform options
31 May 2014

​Value-Added Tax Act, 1991

 

Draft Discussion Paper

Explanatory Note:
Loyalty programmes are incentive schemes used by businesses such as retailers or banks to encourage sales by offering rewards with the intention of attracting new customers, as well as retaining their respective customer bases
 
Businesses also use the information gathered throughout this process to identify trends in customer spending and maximise efficiency in their stock management systems
 
There is a range of different loyalty programmes currently available in the South African market. It recently came to SARS's attention that stakeholders operating loyalty programmes interpret and apply the relevant provisions in the VAT Act differently from each other
 
This document contains proposals intended to promote discussion between SARS and stakeholders with a view to-
  • identify and understand the current difficulties experienced, if any, in applying the provisions of the VAT Act;
  • identify areas in the VAT Act which may require amendments to address the difficulties identified, if any; and
  • adopt a policy which will result in the consistent application of VAT principles for all loyalty programmes
  
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