VAT Court Ruling – Democratic Alliance v Minister of Finance and Others [2026] ZAWCHC 102
No | FAQ | Answer |
| 1 | Does the court ruling mean I don’t have to pay VAT anymore? | No, VAT obligations are unchanged. The ruling by the Western Cape High Court relates to the narrow question of whether a VAT rate change announced by the Minister may take effect before a Parliamentary process. It must still be confirmed by the Constitutional Court to take effect and allows Parliament 24 months to amend the law. |
| 2 | Is VAT now unconstitutional? | No, the ruling by the Western Cape High Court relates to the narrow question of whether a VAT rate change announced by the Minister may take effect before a Parliamentary process. It must still be confirmed by the Constitutional Court to take effect and allows Parliament 24 months to amend the law. |
| 3 | Can SARS still audit me for VAT now that the court ruled against it? | Yes, the ruling is unrelated to audit. The ruling by the Western Cape High Court relates to the narrow question of whether a VAT rate change announced by the Minister may take effect before a Parliamentary process. It must still be confirmed by the Constitutional Court to take effect and allows Parliament 24 months to amend the law. |
| 4 | I heard Parliament must fix the VAT law — does that mean VAT stops? | No, VAT obligations are unchanged. The ruling by the Western Cape High Court relates to the narrow question of whether a VAT rate change announced by the Minister may take effect before a Parliamentary process. It must still be confirmed by the Constitutional Court to take effect and allows Parliament 24 months to amend the law. |
| 5 | What happens after 24 months if Parliament doesn’t fix the VAT law? | The ruling by the Western Cape High Court must still be confirmed by the Constitutional Court to take effect. If Parliament does not act within the 24 months, a VAT rate change announced by the Minister will take effect from a date approved by Parliament. |
More FAQs for VAT vendors
| No | FAQ | Answer |
| 1 | How do I check if I am compliant? | To determine if you are compliant, you can:
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| 2 | How do I contact SARS? | There are various options available to contact SARS, i.e.
Visit the SARS Home page, ‘Contact Us’ for any other options |
| 3 | What documents do I need to register for VAT? | Refer to the Guide for Completion of the VAT Application (VAT-Reg-02-G01) for a detailed list of supporting documents that must be submitted with VAT Registration application. For more information refer to “Register for VAT” |
| 4 | How long does it take to get a VAT number once the application has been completed and submitted? | SARS will issue a VAT reference number immediately if no risk was identified. For more information click on – “How to register for VAT on eFiling” |
| 5 | How do I know/establish whether a person is indeed registered for VAT? | Access the VAT vendor search option available on the VAT page. Click on the link – “VAT vendor search” |
| 6 | What are the different channels to submit a VAT Return | VAT returns can be submitted via the eFiling channel or via a SARS branch (by appointment). |
| 7 | How do I submit my VAT return | Preferred method: vendors may submit the VAT return via eFiling on or before the last business day of the month following the end of the tax period. Alternatively, via any SARS branch on or before the 25th (or the last business day before the 25th) following the end of the tax period. |
| 8 | What is a PRN? | Payment Reference number (PRN) is a unique number that must be used by a vendor when making a VAT payment. It is generated by SARS and linked to each tax period. |
| 9 | Is there a penalty charged for late submission of a VAT return? | Currently, there is no penalty imposed on the late submission of a VAT return, A 10% penalty is imposed on the late payment of VAT. |
| 10 | How long will it take to receive my VAT refund? | If a vendor is entitled to a VAT refund, SARS is required to pay that VAT refund within 21 business days after receiving the correctly completed VAT return or all required supporting documents for the VAT refund, without having to pay any interest on that VAT refund. |
| 11 | What are second-hand goods and will I be entitled to claim a deduction for VAT on the acquisition thereof? | With certain exceptions, second-hand goods are goods that were previously owned and used. For exceptions refer to the VAT 404 Guide for Vendors. In the case of the acquisition of second-hand goods under a non-taxable supply, a vendor may only deduct the notional input tax to the extent that payment of the consideration for the supply has been made by the vendor, regardless of whether that vendor is registered on the invoice or the payments basis. For more information on second-hand goods acquired under a non-taxable supply, please refer to the |
| 12 | How do I submit a dispute? | The Dispute Resolution Process is available on the SARS website, Legal Counsel. Click on the link – Dispute Resolution & Judgements. |
| 13 | Where can I find the latest updates/changes relating to VAT? | All the latest updates/changes relating to VAT and any other taxes are available on the SARS website’s home page, ‘Latest News’ or VAT landing page, ‘What is new?’ |
| 14 | Where can I report VAT fraud? | You can report any fraud by accessing the SARS website’s home page, ‘Targeting Tax Crime’ and then click on link – ‘Report a tax crime’. |
How do I access VAT-related documents?
The SARS website does not host old or withdrawn documents, except for Legal Counsel publications such as, published Proclamations, Regulations and Government Notices, as well as the archived VATNews.
The VATNews publications can be found in the Legal & Policy Archive, which is made available for research and reference purposes.
