What’s New at SARS

Tax filing deadline reminder for Provisional Taxpayers: 23 January 2023

20 January 2023 – Provisional taxpayers have until 23 January 2023 to submit their annual income tax return. We thank taxpayers who have already filed and encourage remaining filers to do the same.

Who is a provisional taxpayer? Any person who receives income or to whom income accrues other than remuneration or an allowance or advance such as travel allowance or subsistence allowance, is a provisional taxpayer. The complete definition and criteria with important exceptions to take note of, can be read at Provisional Tax | South African Revenue Service (sars.gov.za).

Late filing will attract administrative penalties.

#YourTaxMatters

Legal Counsel – Secondary Legislation – Tariff Amendments 2023

20 January 2023 – Customs & Excise Act, 1964: Publication details for tariff amendment notice R2934, as published in Government Gazette 47876 on 20 January 2023, are now available.

Legal Counsel – Secondary Legislation – Tariff Amendments 2023

19 January 2023 – Customs & Excise Act, 1964: The tariff amendment notice, scheduled for publication in the Government Gazette, relates to the amendments to –

  • Part 1 of Schedule No. 3, by the insertion of rebate item 306.04/3206.11/01.06 in order to provide for a rebate facility on titanium dioxide, classifiable in tariff subheading 3206.11 for use in the manufacture of paints, varnishes as well as prepared driers classifiable in tariff headings 32.08, 32.09, 32.10 and 32.11, as well as the deletion of the said item with effect from 20 July 2025 – ITAC Report 633 (with effect from 20 January 2023 and the deletion of the said item with effect from 20 July 2025).

Publication details will be made available later

 

Legal Counsel – Preparation of Legislation – Explanatory Memoranda

18 January 2023 – National Legislation: The following explanatory memoranda have been published:

  • Explanatory Memorandum on the Taxation Laws Amendment Bill, 2022
  • Memorandum on the Objects of the Tax Administration Laws Amendment Bill, 2022

Tax Workshops

17 January 2023 – Tax Workshops for Mpumalanga province: January to March 2023

Mobile Tax Unit

17 January 2023 – Mobile Tax Unit schedules for Mpumalanga province: January to March 2023

Media release – Transfer pricing: Intra-Group Loans

17 January 2023 – The South African Revenue Service (SARS) has today released an interpretation note titled “DETERMINATION OF THE TAXABLE INCOME OF CERTAIN PERSONS FROM INTERNATIONAL TRANSACTIONS: INTRA-GROUP LOANS” which provides guidance on how SARS will determine arm’s length pricing for intra-group loans. The Note also provides guidance on the consequences for a taxpayer if the amount of debt, the cost of debt or both are not arm’s length.

See the full Media Release here.

Legal Counsel – Interpretation Notes 121–140

17 January 2023 – Income Tax Act, 1962

  • Interpretation Note 127 – Determination of the taxable income of certain persons from international transactions: Intra-group loans

Legal Counsel – Binding Private Rulings – BPR 381–400

16 January 2023 – Income Tax Act, 1962

  • Binding Private Ruling 388 – Application of the de-grouping rule following previous intra-group transactions under section 45

Value-Added Tax (VAT) Customer Experience Study

12 January 2023 – A survey will be distributed to a sample of VAT vendors. Below is the wording for you to know it’s legit and not a scam. For future studies, surveys, SMS and email campaigns from SARS, remember to visit our Current surveys, SMSs and Emails webpage.

Dear VAT Vendor,

SARS is conducting a customer experience survey and you have been selected to participate in the study. We kindly request your feedback on your interaction with SARS regarding your VAT registration. Your feedback will be used to understand your views and to help SARS improve on its VAT registration process.

Please be assured that your responses will remain anonymous, as the survey is completely confidential. If you would like to verify the authenticity of this email and the survey, please visit the SARS website at www.sars.gov.za.

Click the link below to complete this short survey.

Survey Link XXX

Sincerely,

SOUTH AFRICAN REVENUE SERVICE

Latest SMME Connect newsletter is available

10 January 2023 – The December 2022 issue of the SMME Connect is now available.  See the latest edition for news on using a non-registered tax prepared, VAT obligations for SMMEs, tax compliance status verification, Corporate income tax and more.

Have you received a Personal Income Tax Administrative Penalty notification?

10 January 2023 – We are currently experiencing high call volumes.  Please make use of our digital channels or eFiling to avoid waiting in queue for a Contact Centre agent.

If you have received a Personal Income Tax Administrative Penalty notification, this was issued due to the late or non-submission of one or more Income Tax Returns.

To remedy this, please submit your outstanding returns as soon as possible. Failure to do so will result in a monthly recurring admin penalty being levied until you are compliant. For more information, visit the Admin Penalty webpage or log on to your eFiling profile to view your personalised admin penalty notice. You can submit your outstanding returns via eFiling, the SARS MobiApp, or by booking an appointment with a Branch Agent.

Legal Counsel – Primary Legislation – Amendment Acts

9 January 2023 – National Legislation: The following Amendment Acts were promulgated on 5 January 2023:

  • Act No 16 of 2022 – Tax Administration Laws Amendment Act, 2022 (GG 47827  16/01/2022)
  • Act No 19 of 2022 – Rates and Monetary Amounts and Amendment of Revenue Laws Act, 2022 (GG 47825  19/01/2022)
  • Act No 20 of 2022 – Taxation Laws Amendment Act, 2022 (GG 47826  20/01/2022)

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