
Treasury concedes on one CIS tax proposal, holds firm on another
National Treasury has withdrawn its proposal that would have triggered capital gains tax when fund managers merge collective investment scheme portfolios.

National Treasury has withdrawn its proposal that would have triggered capital gains tax when fund managers merge collective investment scheme portfolios.

VAT-registered schools will have to deregister from 1 January 2026, but the deemed output VAT on retained assets will only be payable the following year.

The threshold for ringfencing assessed losses from ‘suspect’ or ‘hobby-like’ trades will be reduced from the 45% marginal rate to 39%.

Although the amendment will not proceed, Treasury remains concerned about double non-taxation and will re-engage with the industry to find a balanced approach.

ASISA says further consultation is needed to avoid negative consequences for investors and the collective investment schemes market.

The fund would be acting ultra vires if it paid a savings withdrawal while the member’s and employer’s contributions remained unpaid.

A proposed amendment to the Income Tax Act will tax unit trust investors on capital distributions before disposals, without any base cost offset.

Industry stakeholders say poorly consulted proposals risk undermining investment, savings, and innovation.

Proposed amendments could undermine the tax-efficient compounding that makes a collective investment scheme an attractive investment vehicle.

Remuneration extends beyond cash payments – products, services, and travel perks must also be declared as taxable income.

The amendment treats foreign pension benefits like other residence-sourced income, shifting the retirement planning landscape for South Africans who worked overseas.

In addition to foreign pensions and trust income, the measures affect death benefits, child maintenance, capital distributions by unit trusts, and assessed losses.

Knowing whether your conversion is ‘fixed’ or ‘contingent’ is crucial to avoid unexpected capital gains tax bills.

Synchronising employment agreements with the rules of occupational retirement funds promotes legal certainty, secures employee benefits, and smooths succession planning.

UCT tax lecturer Ben Cronin argues that by allowing the minister to amend the income tax rates by announcement in the Budget, Parliament has overstepped its competence, eroding the doctrine that places legislative authority firmly in its hands.

The Tax Court rules against SARS in a dispute over a contingency insurance deduction, reaffirming the legitimacy of the policy and its role in protecting income-generating activities.

SARS can appoint third parties to deduct tax debts directly from retirement funds, overriding the protections under the Pension Funds Act.