Year: 2024

25 January 2024 – Customs and Excise Act, 1964: The rule amendments notices, scheduled for publication in the Government Gazette, relate to the amendments to rules under sections 49 and 120, amending –

• trade agreements (DAR256); and
• substitution of the DA 177 – Environmental Levy Account for Carbon Dioxide Emission Levy (DAR255).

Publication details will be made available later

Source: SARS Tariffs
Legal Counsel – Secondary Legislation – Rule Amendments 2024

25 January 2024 – Achieving our Vision 2024 of a smart, modern SARS with unquestionable integrity that is trusted and admired is of paramount importance. Pivotal to the delivery of our vision are our digital platforms and technology infrastructure. To provide clarity and certainty, make it easy for taxpayers and traders to comply with their obligations and building public trust and confidence, our technology assets must demonstrate the highest levels of availability, robustness and security.

In accordance with our Vision and Strategic Objectives, which include modernising our systems to provide Digital and Streamlined online services, we are hard at work ensuring that our digital platforms and technology infrastructure are available, robust and secure, by performing regular upgrades, enhancements and maintenance.

Considering the above, SARS Digital platform upgrades are scheduled for Saturday, 27 January 2024 from 22h00 to 02h00 on Sunday 28 January 2024.

Responses (CUSRES messages) to transactions submitted during this time will be delayed, however, arrival and exit management functions are available at land border posts for all released declarations and manifests.

Stakeholders are therefore urged to submit priority Goods Declarations (bills of entry) and Road Manifest by Saturday, 27 January 2024 @ 21h00.

Source: SARS Tariffs
eFiling platform upgrade on 27 January 2024

24 January 2024 – A reminder to all Customs clients who are deferment account holders to kindly adhere to the 13th deferment payment requirements, which becomes due by end of the financial year, 28 March 2024. For more information, see the letter to Trade here.

Source: SARS Tariffs
Customs: 13th deferment payment at the end of the 2023/2024 financial year

23 January 2024 – The facility codes used in Box 30 on the Customs Clearance Declaration (CCD) have been updated to include the details of the new approved container depot – Grindrod Logistics (Pty) Ltd. in Port Elizabeth. This enables Customs to transmit electronic messages to these facilities communicating the status of the consignment. If the applicable facility codes listed in SC-CF-19-A02 is not inserted in Box 30 on the CCD, the CCD will be rejected by Customs.

The external annexure can be accessed through the following link: SC-CF-19-A02 – Facility Code List – External Annexure.

Source: SARS Tariffs
Customs RLA update

22 January 2024 – To fully implement chapter 18 of the Tax Administration Act and ensure the professionalism of the tax advisory industry, the criteria for the recognition of controlling bodies and the registration of tax practitioners has been updated.

The amended criteria pertain to the following:

• Requirements of individuals when registering as a Tax Practitioner.
• Requirements of Tax Practitioner Membership relating to their RCBs.
• Requirements of Controlling Bodies to be approved as RCBs.

For more information, see the updated guide:

GEN-GEN-21-G01 – Criteria for the Registration of Tax Practitioners and the Recognition of Controlling Bodies – External Guide

Source: SARS Tariffs
Amendments to the criteria for registration of Tax Practitioners and the recognition of Controlling Bodies

19 January 2024 – The South African Revenue Service (SARS) has today published draft rule amendments for public comment with the view to facilitate transfer pricing adjustments.

The rule amendments under the Customs and Excise Act, 1964, (Act No91 of 1964) will provide clarity and certainty for multi-national enterprises on how to account for their transfer pricing adjustments on previous Customs declarations. This will ensure that they are compliant with their Customs obligations.

Price fluctuations of goods and services delivered by multinationals have a knock-on effect and impact the profits and, as a result, the tax liability of the multinationals. It is then the obligation of the multinational to adjust the transfer pricing payment retrospectively to ensure compliance.

The draft amendments have been published on the SARS website for public comment and announced on SARS social media. The Customs community is requested to participate in the process.

“This is another step to make it easy and simple for taxpayers and traders to comply voluntarily with their obligations,” said SARS Commissioner Mr Edward Kieswetter.

“Legislation allows the organisation to outline the rules and procedures that promote compliance in unambiguous terms and strengthen the tax and Customs eco-system that affects our stakeholders, nationally and internationally.”

For further information, please contact SARSMedia@sars.gov.za.

Source: SARS Tariffs
Media release – Compliance focus for transfer pricing adjustments

18 January 2024 – Customs and Excise Act, 1964: The tariff amendment notices, scheduled for publication in the Government Gazette, relate to the amendments to –

• Part 1 of Schedule No. 1, to provide for technical amendments, by the insertion of new 8-digit tariff subheadings under Chapters 5, 12, 20, 30, 41 and 72 (with retrospective effect from 1 January 2024);
• Part 1F of Schedule No. 6, by the substitution of Note 1 to remove the reference to rebate item 623.01, as it no longer exists (with retrospective effect from 1 January 2024);
• Part 1 of Schedule No. 1, by the insertion tariff subheading 2009.89.55 and 2009.90.15 to provide for nut juices in subheading 2009.89 and mixtures of nut juices in subheading 2009.90 (with retrospective effect from 1 January 2022);
• Part 2 of Schedule No. 4, by the creation of a temporary rebate provision for the importation of optic fibre cables and electrical apparatus, classifiable under tariff subheading 8544.70, used in the international submarine optical fibre cable infrastructure, as well as the creation for a temporary rebate provision for electrical apparatus for making connections to or in electrical circuit, for a voltage not exceeding 1000 volts, other, classifiable under tariff subheading 8536.90.90, for use in international submarine optical fibre cable infrastructure – ITAC Report 614; and
• Appendix II to Annex 1 of the SADC Protocol on Trade, where it appears in Part B to the General Notes in Schedule No. 1, is being amended to substitute the 12-block SADC Certificate of Origin template with the 13-block SADC Certificate of Origin template as agreed on the 28th meeting of the SADC CMT.

Publication details will be made available later

Source: SARS Tariffs
Legal Counsel – Secondary Legislation – Tariff Amendments 2024

18 January 2024 – The deadline for individual taxpayers and trusts that are provisional taxpayers to file their income tax returns for the 2023 tax year, is Wednesday 24 January 2024. The 2023 year of assessment refers to the period between 01 March 2022 to 28 February 2023.

A provisional taxpayer is any person who receives income or to whom income accrues, other than remuneration.  A Trust is included under the definition of a “person” in terms of the Income Tax Act, no.58 of 1962 and is therefore regarded as a taxpayer.

All Trusts are required to file a tax return annually, including those that are not economically active. A trustee is the representative taxpayer of a Trust and is liable to file on behalf of the Trust or appoint a registered tax practitioner to do so.

The South African Revenue Service (SARS) is taking a zero-tolerance approach to taxpayers not registering for the applicable tax, not filing tax returns, not making accurate declarations in their tax returns and failing to make payments due to SARS where applicable. Non-compliance with these obligations is a criminal offence and will attract penalties and interest.

As of the 2023 year of assessment, trustees are required to submit mandatory supporting documents during the filing process. These documents include amongst others, the Trust instrument, Annual Financial Statements, Letters of Authority, resolutions/minutes of trustee meetings and an organogram depicting the Beneficial Ownership of the Trust. Additionally, beneficiaries of Trusts are required to declare their income, including income derived from a Trust, in their personal income tax returns.

SARS has made it easy for taxpayers to comply through online filing solutions. The personal income tax return (ITR12) and Trust income tax return (ITR12T) may be obtained on eFiling while an appointment with a SARS branch may be made on the SARS website. Taxpayers are encouraged to refer to the SARS website for further information on their tax obligations, Trusts, Tax Filing Season 2023 and Provisional Tax.

For more information, contact SarsMedia@sars.gov.za

Source: SARS Tariffs
Media release – Deadline for provisional taxpayers, including trusts, is Wednesday 24 January 2024

17 January 2024 – Achieving our Vision 2024 of a smart, modern SARS with unquestionable integrity that is trusted and admired is of paramount importance. Pivotal to the delivery of our vision are our digital platforms and technology infrastructure. To provide clarity and certainty, make it easy for taxpayers and traders to comply with their obligations and building public trust and confidence, our technology assets must demonstrate the highest levels of availability, robustness and security.

In accordance with our Vision and Strategic Objectives, which include modernising our systems to provide Digital and Streamlined online services, we are hard at work ensuring that our digital platforms and technology infrastructure are available, robust and secure, by performing regular upgrades, enhancements and maintenance.

Considering the above, SARS Digital platform upgrades are scheduled for Friday, 19 January 2024 from 22h00 to 02h00 on Saturday 20 January 2024.

Responses (CUSRES messages) to transactions submitted during this time will be delayed, however, arrival and exit management functions are available at land border posts for all released declarations and manifests.

Stakeholders are therefore urged to submit priority Goods Declarations (bills of entry) and Road Manifest by Friday, 19 January 2024 @ 21h00.

Source: SARS Tariffs
eFiling platform upgrade on 19 January 2024

12 January 2024 – The SARS branch in Rissik Street, Johannesburg CBD, will be closed until Monday, 15 January due to a gas leak. All virtual appointments will still be honoured. We apologise for the inconvenience.

Source: SARS Tariffs
Notice: SARS branch in Rissik Street, Johannesburg closed