
VAT decision highlights constitutional defects across tax Acts
Tax experts say the constitutional problem identified by the High Court could affect several other laws that give the finance minister similar powers.

Tax experts say the constitutional problem identified by the High Court could affect several other laws that give the finance minister similar powers.

SARS cannot fundamentally alter the factual basis or remedy of an assessment issued under the general anti-avoidance rule provisions through a Rule 31 statement.

The new reporting regime, effective from 1 March, increases the information available to SARS through third-party reporting and international data exchange.

Using AI and third-party data, SARS identified some 100 000 high-income earners who were not registered for tax.

The judgment clarifies that when a taxpayer offers over-collateralised security and SARS cannot explain real risk, suspension should follow.

Advocates say including certain chicken products in the zero-rated food basket will directly benefit poorer households that rely on bone-in cuts and offal.

With no inflation adjustment in 2025, PIT collections rose sharply, increasing the burden on individuals without changes to the headline rates.

The Office of the Tax Ombud is seeing the same delays, verification snags, and procedural irregularities highlighted by a tax practitioner.

Modern contract interpretation permits surrounding circumstances to explain contractual meaning – undermining SARS’s argument that extrinsic evidence is inadmissible.

Tax practitioners argue that the apparent targeting of refund-eligible profiles points to either insider access or critical control failures.

The MTBPS raises the 2025/26 gross revenue estimate by R19.7bn but warns of a R15.7bn shortfall against Budget estimates for 2026/27.

National Treasury has withdrawn its proposal that would have triggered capital gains tax when fund managers merge collective investment scheme portfolios.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

SARS will negotiate compromises only where liability is undisputed and both parties agree the taxpayer cannot pay in full.

Requiring SARS to provide written reasons when it rejects the OTO’s recommendations has resulted in an increase in the resolution of complaints.