
Tax Court clarifies VAT treatment of cashback and fee rebates
The Court finds that cashback credits reduced the original fee, rather than constituting payment for a separate supply by customers.

The Court finds that cashback credits reduced the original fee, rather than constituting payment for a separate supply by customers.

Temporary fuel levy relief ends on 5 May as pressure builds at the pumps. The High Court case will test whether the minister can adjust the levy without Parliament.

Rising the VAT threshold to R2.3m may prompt some businesses to deregister, but the process can trigger an immediate output tax liability on assets.

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

The declaration of invalidity was suspended for 24 months and referred to the Constitutional Court for confirmation.

Just a year after the Constitutional Court barred post-agreement interest remission in voluntary disclosure cases, Treasury proposes legislation to allow it.

The tax regime for small and micro-businesses will also be adjusted for inflation.

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.

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

The former SARS employee and tax practitioner submitted false VAT returns and forged documents that led to R1.58m in improper refunds.

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.

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.

ISASA says there has always been a distinction between exempt (educational) and taxable (commercial) supplies.

Every rand overpaid to SARS is an opportunity cost. Allocate refunds to debt repayment, savings, or retirement contributions for greater long-term benefit.

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

The proposed blanket exemptions for goods and services supplied by schools will force VAT-registered schools to deregister and lose input-tax recovery.

Tax specialists say stagnant thresholds have the opposite effect of policy aims – instead of freeing SMEs to scale up, they incentivise remaining under the threshold.