
Digital assets: three questions advisers need to be asking
Who can advise on digital assets, where can clients move them, and what can SARS see? A practical look at the questions advisers need to understand.

Who can advise on digital assets, where can clients move them, and what can SARS see? A practical look at the questions advisers need to understand.

The Institute for International Tax and Finance says Clara can indicate when SARS approval may be required and which supporting documents users may need.

The judgment considered Bidvest’s contractual authority to suspend the account separately from SARS’s subsequent use of section 179 of the Tax Administration Act.

The standalone system introduces new registration, seller relationships, and record-keeping requirements.

Two aspects of the judgment could have wider implications in future cases involving credible claims of unauthorised access.

The majority judgment confirms that raising fees can qualify as finance charges similar to interest, potentially reducing the after-tax cost of debt funding.

The enhanced ITR12T will draw on third-party data, while SARS steps up scrutiny of nil returns, passive assets, and assessed losses.

BPR 430 considers a proposed distribution and set-off of reciprocal loan claims, but its tax outcome is confined to the particular facts presented to SARS.

The shift to near real-time reporting promises better fraud detection and faster refunds, but businesses face significant technology costs and implementation challenges.

The Tribunal found that evidence of tax non-residence must be assessed against the legislation, with clear reasons given when it is considered insufficient.

Treasury wants to close what it sees as a tax-avoidance route involving emigrating spouses, while proposing a taxpayer-friendly change to voluntary disclosures.

The proposal puts SARS’s existing cumulative approach into the Income Tax Act, ending uncertainty over whether the R150 000 limit applies per policy.

Experts say taxpayers with undeclared crypto income should consider voluntary disclosure before enhanced reporting increases the likelihood of a SARS audit.

The Tax Court has affirmed the choice principle but raised fresh questions about where legitimate tax-efficient structuring ends and impermissible avoidance begins.

Practitioners warn that applying section 7(8) to cross-border trust distributions could create onerous and potentially perpetual tax and compliance consequences.

Municipalities that fix their governance failures could regain funding within weeks, while provinces and national departments are now facing the same scrutiny.

Just 10 of the 69 affected municipalities account for more than R21.6bn in arrears to utilities, retirement funds, SARS and other creditors.