NOVEMBER 2019 – SOUTH AFRICA
EXPLANATORY SUMMARY OF THE TAX ADMINISTRATION LAWS AMENDMENT BILL, 2019

It is important that employers note the following:

Publication of the Explanatory Summary of the Tax Administration Laws Amendment Bill, 2019

Government gave notice that the Minister of Finance intends to introduce the Tax Administration Laws Amendment Bill, 2019 to the National Assembly soon. An explanatory summary of the Bill was published in accordance with the Rules of the National Assembly.

The Bill provides for the amendment of the Income Tax Act, 1962; Customs and Excise Act, 1964; Value Added Tax Act, 1991; Skills Development Levies Act, 1999; Unemployment Insurance Contributions Act, 2002; and the Tax Administration Act, 2011.

Short overview of the changes:

  • Income tax Act: To make technical corrections; to remove a requirement to submit a declaration to a regulated intermediary in respect of tax free investments; to clarify that a penalty may be imposed if an employer submits an incomplete return; and to insert a provision that an executor need not submit a provisional tax return for the provisional period ending on the date of death.
  • Value-Added Tax: To make technical corrections; to remove a requirement that the Minister of Finance must prescribe the particulars to be contained on a tax invoice issued by a foreign supplier of electronic services; and to clarify that rulings under the Act are not subject to the prescribed fee under the Tax Administration Act, 2011.
  • Skills Development Levies Act: To make technical corrections; to provide for a procedure if an employer has incorrectly indicated the jurisdiction of a SETA; and to align the time periods for a refund under the Act with the Tax Administration Act, 2011.
  • Unemployment Insurance Contributions Act: To align the time periods for a refund under the Act with the Tax Administration Act, 2011.
  • Tax Administration Act, 2011: To make technical corrections; to extend the notice period prior to the institution of legal proceedings; to clarify that an assessment or decision is final if an appeal is withdrawn; to clarify when SARS may make an assessment based on an estimate if no return is submitted or required; and to align the provisions regulating the tax compliance status of a taxpayer with the automation thereof.

To view the government notice, follow the link

Contact our legislation team at info@crs.co.za if you require any additional information.
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