Con Court Sets the Record Straight: Tax judgments can be rescinded
If a taxpayer owes money to SARS and does not pay, SARS may file a certified statement with a competent court, which will be “treated as a civil judgment” (section 174 of the Tax Administration Act 28 of 2011 (“TAA”)). Recently the Constitutional Court finally set the record straight in Barnard Labuschagne Incorporated v South more...
Payment on a company loan account – what are the tax considerations?
Irrespective that this judgement deals with a transaction between group companies that is now specifically provided for by Section 22(3A) of the VAT Act, it remains that the principles may be applied to transactions between non-group companies or other parties that enter into these types of transactions, or make payments of consideration, on loan account.