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Synopsis Tax today - February 2021

A monthly journal, published by PwC South Africa, that gives informed commentary on current developments in the tax arena, both locally and internationally. 

Through analysis of and comment on new laws and judicial decisions of interest, Synopsis helps executives to identify developments and trends in tax law and revenue practice that may affect their business.

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In this edition:

The High Court in Johannesburg recently handed down judgment in a dispute between MTN Telephone Networks (Pty) Ltd (‘MTN’) and SARS (‘MTN judgment’) in respect of the VAT treatment of prepaid vouchers. SARS disputed MTN’s entitlement to seek declaratory relief, as it argued that MTN requested the court to advise on which section of the VAT Act should be applied.

At the 13th Extra Ordinary Session of the Assembly of the African Union (‘AU’), in December 2020, it was announced that trade in goods under the Africa Continental Free Trade Area (‘AfCFTA’) will start from 1 January 2021. It is important to note that Free Trade Agreements, such as the Agreement establishing the AfCFTA, do not possess supra-nationality and the obligations and rights flowing from the Agreement ought to be enacted through domestic measures, so as to give effect to their provisions.

In the recent case of Medtronic International Trading S.A.R.L v The Commissioner for SARS1 (‘Medtronic case’), SARS had refused to consider the Applicant’s request for the remission of interest in terms of section 39(7)(a) of the VAT Act following the conclusion of two VDP agreements between SARS and the Applicant. The Applicant sought a review of, inter alia, this decision. The Medtronic case provides welcome clarity for taxpayers who are undertaking the VDP process and who seek to request the remission of interest (in appropriate circumstances) borne out of the VDP process.

Read more on this and other matters in the latest Synopsis below.


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Edition: Tax Synopsis - February 2021

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Al-Marie Chaffey

Al-Marie Chaffey

Senior Manager , PwC South Africa

Tel: +27 (0) 11 797 5644

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