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 identity of commentators and their comments will be collected and may be disclosed publicly, either in full or in summary, as legal obligation dictates or is necessary for SARS to properly perform its duties.

The draft documents are categorised according to their due date for comment. Comments may be emailed to the address indicated in the last column.

Latest draft uploaded for comment Look under: 1, 5 and 15 December 2022

Due date for comments	Legislation Category	Description	Send comments to
22 November 2022	Customs & Excise Act, 1964	Draft amendment to rules Draft amendments to rules under sections 15 and 120 – To pilot electronic traveller management system Comments to be recorded on Customs & Excise Rule Amendments Comment Sheet. Explanatory Note See Explanatory Note. Date published: 8 November 2022	C&[email protected]
25 November 2022	Income Tax Act, 1962	Draft guide Draft Guide on the Taxation of Farming Operations Explanatory Note This guide is a general guide regarding the taxation of farming operations in South Africa. The main aim of this guide is to highlight the direct tax consequences for persons conducting such operations. Date published: 22 September 2022	[email protected]
1 December 2022 New!	Customs & Excise Act, 1964	Draft Schedule Amendment Draft amendment to Part 1 of Schedule No. 1 – Creation of new tariff subheadings Comments to be recorded on Customs & Excise Tariff Amendments Comment Sheet. Explanatory Note The draft amendment is proposed to Chapter 30 in Part 1 of Schedule No. 1 to the Customs and Excise Act as follows: The Department of Trade, Industry and Competition made a request to SARS for the creation of new tariff subheadings for vaccines used in the Expanded Programme on Immunisation for both national and provincial Departments of Health. Date published: 17 November 2022	[email protected]
2 December 2022	Value-Added Tax Act, 1991	Draft Binding General Ruling Draft Binding General Ruling – Value-Added Tax treatment of rounding difference in cash transactions Explanatory Note This binding general ruling sets out the circumstances and conditions under which a supplier need not issue a credit note and the input tax consequences for the recipient vendor when a rounding difference occurs as a result of a cash transaction. Date published: 31 October 2022	[email protected]
5 December 2022 New!	Income Tax Act, 1962	Draft Notice Draft Notice – Listing further information that must be included on a receipt issued in terms of section 18A(2)(a) of the Act See the explanatory note. Date published: 18 November 2022	[email protected]
9 December 2022	Income Tax Act, 1962	Draft Interpretation Note Draft Interpretation Note – Exemption of income relating to South African ships used in international shipping Explanatory Note This Note provides guidance on the interpretation and application of section 12Q, which provides for an exemption from normal tax, capital gains tax, dividends tax and withholding tax on interest for an international shipping company meeting the requirements of the section. Date published: 31 October 2022	[email protected]
15 December 2022 New!	Income Tax Act, 1962	Withdrawal of Practice Notes 31 of 1994 and 37 of 1995 Notice of withdrawal – Practice Notes 31 of 1994 and 37 of 1995 Explanatory Note The Practice Notes, which SARS intends withdrawing, can be accessed by clicking on the links below: Practice Note 31 of 1994 – Interest paid on moneys borrowed Practice Note 37 of 1995 – Deduction of fees paid to accountants, bookkeepers and tax consultants for the completion of income tax returns	[email protected]
13 January 2023	Income Tax Act, 1962	Draft Interpretation Note Draft Interpretation Note – Definition of “associated enterprise” Explanatory Note This Note, “Definition of ‘Associated Enterprise’ ”, provides guidance on the interpretation and application of the definition of “associated enterprise” in section 31(1). The inclusion of an “associated enterprise” in section 31 comes into operation on 1 January 2023 and applies in respect of years of assessment commencing on or after that date. Date published: 14 October 2022	[email protected]

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