A single supply of services: Which VAT rate applies?
On 3 April 2020, the Supreme Court of Appeal delivered a judgement against Diageo South Africa (Pty) Ltd (“Diageo SA”) in a value-added tax (“VAT”) matter relating to the supply of advertising and promotion (“A&P”) services to various non-South African brand owners in the group. Diageo SA entered into an agreement with the foreign brand […]
The taxing of capital gain
Section 9HA of the Income Tax Act deals with deemed disposals by a deceased person. This section of the Act often causes some confusion, especially where there are heirs or legatees other than the surviving spouse. In terms of the provision, a deceased person is treated as having disposed of his or her assets at the date of death, for an amount received or accrued equal to […]
2019 Tax Recap
As the year draws to a close, we reflect on some of the significant highlights (and lowlights) of the 2019 tax year. Significant judgments Our courts delivered several, precedent-setting judgements during 2019: Africa Cash & Carry: In November, the Supreme Court of Appeal (SCA) dismissed the appeal by Africa Cash and Carry, in respect of a […]
Taxation of Foreign Employment Income
South Africa has a residence-based tax system, which means residents are taxed on their worldwide income, regardless of where that income was earned. South African tax residents living overseas and earning remuneration in respect of services rendered outside of South Africa are exempt from tax in South Africa, provided that the individual is outside of South Africa for a period or periods exceeding 183 full days (60 of which have to […]