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SCA ruling highlights Income Tax Act failings

By Juta and Company (Pty) Ltd Published on Monday, 07 October 2019
Tags: #Litigation #Tax Law
The SCA judgment in Benhaus Mining (Pty) Ltd v Commissioner for SARS in favour of the taxpayer has highlighted the need for amendments to the Income Tax Act.

Big costs payout to Gordhan in 'rogue unit' case

By Juta and Company (Pty) Ltd Published on Friday, 19 July 2019
Tags: #Litigation #Tax Law
SA’s multinational tobacco dealer, Martin Fraser Wingate-Pearse, has been ordered to pay Public Enterprises Minister Pravin Gordhan a huge sum for legal costs for alleging that he was part of a ‘rogue unit’ while SARS Commissioner.

Do not deal passively with SARS disputes

By Juta and Company (Pty) Ltd Published on Friday, 19 July 2019
Tags: #Tax Law
The recent dismissal of an urgent application by Mark Lifman and his associates to hold on to their assets clearly demonstrates the perils of being passive in dealing with SARS, says Business Day journalist Amanda Visser.

Lifman seeks SCA appeal of tax ruling

By Juta and Company (Pty) Ltd Published on Thursday, 13 June 2019
Tags: #Litigation #Tax Law
Controversial Cape Town businessman Mark Lifman has turned to the SCA after losing his latest bid to stop SARS from seizing his assets in order to recover outstanding taxes amounting to R388m.

SARS finally catches up with Lifman

By Juta and Company (Pty) Ltd Published on Wednesday, 12 June 2019
Tags: #Litigation #Tax Law
The Western Cape High Court has ended a five-year cat-and-mouse chase between Cape Town businessman Mark Lifman and the taxman over more than R352m. A TimesLIVE report notes SARS has been trying to recover the money from Lifman and his 35 companies and trusts since 2014.

SARS clarifies rules on employee transport

By Juta and Company (Pty) Ltd Published on Tuesday, 21 May 2019
Tags: #Tax Law
SARS has offered clarity for companies that offer transport services to their employees. While the Income Tax Act stipulates that any service paid for by an employer for the private or domestic use of an employee is deemed a taxable benefit, SARS, recognising the necessity of companies’ providing transport for their employees, made provision for this to attract ‘no value’ for tax.

Expats and Employers: Plan Now For the New Expat Tax Changes

By Ashersons Attorneys Published on Thursday, 09 May 2019
Tags: #Tax Law
This article is important to you if you are either a South African working abroad or an employer of one. If you don’t fall into either of those categories, but know someone who does, please think of passing this on.

SARS dispute escalates with R2bn claims

By Juta and Company (Pty) Ltd Published on Tuesday, 30 April 2019
Tags: #Litigation #Tax Law
SARS has brought a vexatious litigant application in the Western Cape High Court with the intention of silencing Cape Town businessman Gary van der Merwe, and – says Business Report – put an end to his attempts to expose what he claims to be fraud and corruption by the revenue service, their lawyers and others linked to them.

Casinos seek tax reprieve on ‘free play’

By Juta and Company (Pty) Ltd Published on Thursday, 25 April 2019
Tags: #Litigation #Tax Law
Two of the biggest casinos in the Western Cape want to be exempt from paying tax on more than R127m of free play they give their most loyal patrons, arguing it should not be calculated as revenue.

SARS seeks R388m from Lifman

By Juta and Company (Pty) Ltd Published on Wednesday, 17 April 2019
Tags: #Insolvency Law #Litigation #Tax Law
SARS is seeking R388m in taxes owed by businessman Mark Lifman and has asked the High Court to put all his business entities under liquidation in an attempt to recoup the money.

SARS alleges R143m fraud by cigarette giant

By Juta and Company (Pty) Ltd Published on Monday, 08 April 2019
Tags: #Business & Industry Law #Litigation #Tax Law
SARS is pursuing the local operation of global cigarette giant British American Tobacco (BAT), claiming R143m for alleged tax fraud and evading excise duties, according to Business Times. The alleged contraventions, which BAT-SA denies, saw the company allegedly receiving undue rebates from SARS.

Tax evasion charges possible in Gupta auditor matter

By Juta and Company (Pty) Ltd Published on Friday, 05 April 2019
Tags: #Criminal Law #Litigation #Tax Law
Although former KPMG auditor Jacques Wessels has become the first individual to face any real sanction related to the Estina dairy farm saga, after the NPA provisionally withdrew charges against Gupta family members and business associates in November last year – he has been barred from acting as an auditor – criminal charges may yet flow from the incident.

Legal action threat over appointment of SARS boss

By Juta and Company (Pty) Ltd Published on Thursday, 28 March 2019
Tags: #Banking & Finance Law #Business & Industry Law #Tax Law
The appointment – announced late yesterday – of Edward Kieswetter as the new SARS Commissioner, with effect from 1 May, has already run into controversy, with the EFF, strong supporters of axed Commissioner Tom Moyane, threatening legal action.

Businesswoman gets seven years for VAT fraud

By Juta and Company (Pty) Ltd Published on Wednesday, 13 March 2019
Tags: #Criminal Law #Tax Law
A KZN businesswoman has been sentenced to seven years in jail for defrauding the SARS of nearly R4m. Saraspathie Vallee (47) – the sole owner Gutterpride Trading – pleaded guilty to VAT fraud and contravening the Prevention of Organised Crime Act. She was sentenced to seven years' imprisonment by the Durban Regional Court, notes TimesLIVE.

SARS begins attaching Mazzotti's property

By Juta and Company (Pty) Ltd Published on Wednesday, 20 February 2019
Tags: #Tax Law
SARS, acting on a warrant of execution obtained in the Gauteng High Court (Pretoria) against controversial businessman Adriano Mazzotti, began attaching the tycoon’s movable property yesterday, notes Legalbrief. According to the court document, the warrant is for the payment of R33.95m plus interest, which SARS claims Mazzotti owes it in terms of the Customs and Excise Act.

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