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.
Due date
for comments
Legislation Category Description Send comments to
15 March 2024

Income Tax Act, 1964

Draft Interpretation Note

Draft Interpretation Note – Consequences of an employer’s failure to deduct or withhold employees tax

Explanatory Note
This Note explains how certain of the employees’ tax obligations of an employer and the income tax obligations of an employee operate in relation to each other when an employer incurs personal liability for failing to deduct or withhold employees’ tax.

Date published: 16 February 2024

[email protected]

Due date extended to 29 March 2024

1 March 2024

Customs and Excise Act, 1964

Draft Amendments to Rules

Comments to be recorded on Customs & Excise Rule Amendments Comment Sheet.

Explanatory Note
The proposed amendment provides that the SAD 500 or SAD 505 forms be regarded as an application for permission for the transfer of ownership of dutiable goods in a customs and excise warehouse.

Date published: 8 February 2024

C&[email protected]

31 March 2024
New!

National Legislation

2024 Draft Tax Bills and Draft Global Minimum Tax Bills

Explanatory Note
The National Treasury and the South African Revenue Service (SARS) today publish, for public comment, the 2024 Draft Rates Bill (2024 Draft Rates Bill), the 2024 Draft Revenue Laws Amendment Bill, the Draft Global Minimum Tax Bill and the Draft Global Minimum Tax Administration Bill.

As per the media statement, the 2024 Draft Rates Bill contains announcements made in Chapter 4 and Annexure C of the 2024 Budget Review that deal with the increase of excise duties.

The 2024 Draft Revenue Laws Amendment Bill is aimed largely at clarifying the existing language and to simplify the directives system for both administrators and SARS to allow for an efficient implementation of the ‘two-pot’ retirement reform.

The Draft Global Minimum Tax Bill is aimed at implementing the GloBE Model Rules in South Africa to enable South Africa to impose a multinational top-up tax at a rate of 15 per cent on the profits of in-scope multinational enterprise groups. The Draft Global Minimum Tax Administration Bill is aimed at the administration of the Draft Global Minimum Tax Bill.

More general information underlying the draft legislation can be found in the 2024 Budget Review, available on the National Treasury website.

Date published: 21 February 2024

National Treasury’s tax policy depository at [email protected]

and

SARS at [email protected]

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