The High Court upheld BASF South Africa’s appeal against two Tax Court amendment rulings in a transfer pricing dispute for the 2011 year of assessment. The court refused SARS leave to amend its Rule 31 statement and granted BASF leave to amend its Rule 32 statement.
The Court of Appeal of Tanzania dismissed an appeal by Amadeus Global Travel Distribution Limited against a tax assessment for the 2015 year of income, upholding the inclusion of finance costs in the computation of taxable revenue under the Transactional Net Margin Method. The court held that the appellant’s challenges were substantially questions of fact and evidence evaluation over which it lacked jurisdiction under section 25(2) of the Tax Revenue Appeals Act.
SARS verification audits may begin as routine requests for supporting documents, but they can quickly develop into additional or estimated assessments, interest, penalties, and debt collection pressure. This article explains the legal and practical lessons from a matter where a disputed SARS assessment was withdrawn after procedural defects were raised through a Section 11 notice under the Tax Administration Act. It explores section 42 letters of findings, legitimate expectation, estimated assessments, procedural fairness, and the distinction between objection, appeal, and administrative review.
SARS Verification Audits and Section 11 TAA Notices Read Post »
The Tax Appeals Tribunal in Kenya ruled on the case involving AVIC International Beijing (EA) Limited (Appellant) and the Commissioner of Domestic Taxes (Respondent) concerning disputed tax assessments covering Corporation Tax, PAYE, and Withholding Tax (WHT) for the years 2016 to 2023.
Kenya vs Avic International: TRANSFER PRICING CASE Read Post »
The Supreme Court of Appeal of South Africa (SCA) ruled against Christoffel Hendrik Wiese and other appellants in their appeal concerning SARS’s efforts to recover a tax debt under section 183 of the Tax Administration Act (TAA).
RSA vs Wiese & Others: TAX DEBT RECOVERY CASE Read Post »
In the matter of F Taxpayer v SARS, the Tax Court of South Africa was tasked with evaluating the procedural compliance and statutory adherence of the South African Revenue Service (SARS) in the taxpayer’s appeal concerning assessments for the 2016 to 2018 tax years.
F Taxpayer vs SARS: Procedural Compliance in Tax Disputes Read Post »
In Boerdery v SARS, the South African Tax Court addressed whether premiums paid by Boerdery under insurance contracts with Company XYZ were deductible under section 11(a) of the Income Tax Act. Boerdery claimed the premiums as deductible expenses, arguing they represented insurance costs necessary for its farming business.
Insights from Boerdery v SARS: Assessing Deductibility of Premiums in Farming Read Post »
The case of Bechan and Another v SARS Customs Investigations Unit and Others was heard by the Supreme Court of Appeal (SCA) of South Africa, where Mr. Kapeel Bechan, alongside his company, Bechan Consulting (Pty) Ltd, sought to reclaim property seized by SARS officials during a search warrant operation targeting Bullion Star (Pty) Ltd.
Bechan vs SARS: Search and Seizure Powers of Revenue Authorities Read Post »
In the landmark case of The Thistle Trust v Commissioner for the South African Revenue Service, the Constitutional Court of South Africa was tasked with examining the application of the conduit principle in the taxation of trusts, particularly focusing on how capital gains are treated within a multi-tiered trust structure.
In this insightful address at the 13th Annual Africa Transfer Pricing Summit, Dr. Daniel N Erasmus explores the most pressing trends in transfer pricing across Africa and developing regions.
The impact of tax residency on South African trusts introduces several complexities that require meticulous planning. This guide explores the critical challenges and tax implications associated with changes in tax residency, underlining the need for strategic foresight when managing trusts across different jurisdictions.
How Changes in Tax Residency Impact South African Trusts Read Post »
The 13th SAIT (South African Institute for Taxation) Transfer Pricing Summit 2024 is set to be a pivotal event for tax professionals and policymakers across the continent. This summit will address critical issues in transfer pricing, an increasingly significant field in South Africa and Africa’s economic landscape.
13th Annual SAIT Transfer Pricing Summit 2024: Key Topics and Insights Read Post »
Choose the track that fits your practice focus. All programmes are practitioner-taught, cohort-based, and validated by Middlesex University.
| Dimension | Transfer Pricing | International Taxation | South African Tax Law |
|---|---|---|---|
| Jurisdictional audience | Global audience, covers all jurisdictions | Global audience, covers all jurisdictions | South Africa specific, relevant to SADC region |
| Ideal for | TP managers, advisors, in-house tax teams, analysts moving into TP | Advisors and managers dealing with cross-border rules, treaties, planning | Practitioners working with the SA Income Tax Act, cases, compliance |
| Core focus | Methods, comparables, DEMPE, documentation, audits, dispute defence | Treaties, source vs residence, anti-avoidance, PE, relief from double tax | Statutory interpretation, case law, assessments, objections, local practice |
| Primary tools | OECD TP Guidelines, UN Manual, BEPS Actions 8–10, 13, case law | OECD and UN Models, MLI, BEPS 1.0 and 2.0, domestic rules, cases | Income Tax Act, SARS practice notes, Tax Administration Act, SA cases |
| Assessment style | Case-based assignments, file reviews, short written defences | Problem questions, treaty interpretation, position papers | Problem questions, statutory analysis, case commentary |
| Typical outcomes | Build defensible TP files and strategies, improve audit readiness | Design cross-border structures within rules, mitigate double tax | Apply SA tax law accurately, manage reviews and disputes |
| Entry point | Start with PG Certificate, progress to PG Diploma, then MSc, or enter later with suitable experience or credits. | ||
| Award | Best for | What you achieve | Assessment highlights |
|---|---|---|---|
| PG Certificate | Foundation to intermediate upskilling | Core concepts, frameworks, and applied techniques | Short case write ups, timed responses, applied tasks |
| PG Diploma | Expanding technical depth and application | Advanced analysis, risk management, documentation quality | Integrated case assignments, policy memos, oral defence |
| MSc | Leaders and specialists building authority | Capstone project and research backed practice outcomes | Research project, viva or presentation, publishable summary |
Practical, practitioner-led certificates designed for immediate on-the-job application. Each course can stand alone or act as a pathway into our postgraduate tracks.
| Dimension | Conducting a Transfer Pricing Trial | Effectively Managing Tax Teams | Indirect Taxation | Tax Risk Management |
|---|---|---|---|---|
| Jurisdictional audience | Global audience | Global audience | Global audience, with local adaptation | Global audience |
| Ideal for | In-house tax, TP managers, litigators, advisors preparing for audits, ADR, trial | Heads of tax, managers, team leads, controllers, emerging leaders | VAT, GST, customs, finance managers, AP, AR, compliance specialists | Tax managers, risk officers, controllers, advisors building governance |
| Core focus | Case theory, evidence files, expert reports, witness prep, courtroom strategy | Operating models, KPIs, workflows, stakeholder management, coaching | VAT design, place of supply, input credits, exemptions, WHT interactions | Risk identification, controls, documentation, audit readiness, dispute playbooks |
| Delivery mode | Online, live sessions plus guided self-study | Online, live sessions plus guided self-study | Online, live sessions plus guided self-study | Online, live sessions plus guided self-study |
| Duration | 16 weeks, part-time | 16 weeks, part-time | 16 weeks, part-time | 16 weeks, part-time |
| Outcomes | Confident litigation preparation and defence for TP disputes | Stronger execution, clear roles, measurable team performance | Reduced VAT errors, better cash flow, fewer surprises at audit | Structured governance, fewer findings, faster dispute resolution |
| Prerequisites | TP fundamentals recommended | Supervisory experience helpful | Basic VAT knowledge helpful | General tax experience helpful |
| Pathway | Progress to PG Certificate in Transfer Pricing | Progress to Mechanics of Leading Tax Teams, PG Certificate (leadership) | Progress to PG programmes, International Tax or SA Tax Law | Progress to PG Certificate in International Taxation or Transfer Pricing |
| Assessment | End of module progress assessment 5000-word assignment if PG-Cert option elected |
End of module progress assessment 5000-word assignment if PG-Cert option elected |
End of module progress assessment 5000-word assignment if PG-Cert option elected |
End of module progress assessment 5000-word assignment if PG-Cert option elected |