Eszter Rapanos

Supreme Court ruled that taxpayer Has the right to challenge a tariff determination in terms of the Customs and Excise Act 91 of 1964 (the CEA)

CSARS and Another v Richards Bay Coal Terminal (Pty) Ltd (1299/2021) [2023] ZASCA 39 (31 March 2023)   Customs and Excise Act 91 of 1964 – taxpayer not confined to the remedy of a wide appeal under s 47(9)(e) – can also review a tariff determination under the Promotion of Administrative Justice Act 3 of …

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Notice 19 & 20: Annual Return Deregistration Process of Companies and Close Corporations

31 March 2023   CIPC will be commencing  the final deregistration of all companies and close corporations which have been in the Annual Return Deregistration process for more than three (3) years and for which the notification process as per Companies Regulation 40 has been completed. So far, CIPC deregistered six hundred and forty-seven thousand, …

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High Court Judgments on whether a company should be wound up, depreciation allowance, finance charges and understatement penalty

CSARS v Grand Azania (Pty) Limited   SARS launched a liquidation application against Grand Azania in July 2021 based on section 344 of the Companies Act. This section provides that a company may be wound up if it cannot pay its debts. SARS launched a liquidation application claiming that Grand Azania owes SARS and cannot …

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Tax Court Judgments

25 March 2023   Tax Administration Act, 2011, and Employment Tax Incentive Act, 2013.   1.  IT45935 Regarding the Procedure – determining good cause in the interest of justice and whether good cause was established not to grant the appellant the default judgment it sought.   Procedure: Interlocutory application – whether statement delivered by the …

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Comment on draft Guide and Interpretation Note on ETI

30 March 2023   The Draft Guide   Draft guide to the Employment Tax Incentive (Issue 5) and Interpretation Note are published for comment.   The draft Guide includes the amendments to the definition of “employee”, “monthly remuneration” and section 6 (qualifying employees) introduced by the Taxation Laws Amendment Act 20 of 2021.  These amendments …

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