NOT South African Revenue Service

This page made its first appearance in November 1995. The official SARS site appeared just on a year later to encourage people to take advantage of a tax amnesty and, after disappearing for several months, reappeared in its current comprehensive form on 1 October 1997. In a spirit of friendly competition, this page will continue to make available Media Releases, historical Capital Gains documents, Interpretation Notes, and any other income tax related information I fancy posting. I trust that you will find it useful. Your suggestions for improvements are welcome!

26 July 2008 Press statement link updated. New link to legislation SARS administers (including Customs & Excise Act), with supplement for Securities Transfer Tax Act. Interest rates updated. 29 March 2008 Draft Interpretation Notes added. 22 February 2008 Government Gazette in respect of deemed travel allowance costs added. Interest rates updated. Interpretation Notes added and updated. Press statements added for the last time. Tax rates updated.

DISCLAIMER. The information contained in this page and related pages has been semi-automatically converted from publicly available documents. The information may contain errors or omissions for this or other reasons. Neither the webmaster, nor his service provider, accept any liability for any damages or expenses that may be incurred as a direct or indirect consequence of reliance placed on any information contained in this page or any related pages. Use the information at your own risk!

Taxation is a complex field which contains many traps for the unwary or inexperienced. Consult a Chartered Accountant or other appropriately qualified professional before making any decisions relating to taxation matters.

Government Notices, Media Releases & Press Statements

• Archive: Government Notices, Media Releases & Press Statements 1995 - 2007
• Government Notice: Rate Per Kilometre for Motor Vehicles 2006/7 & 2007/8
• Government Notice: Rate Per Kilometre for Motor Vehicles 2008/9

Please see the Media section of the SARS website for media releases from 1 January 2008. Selected government notices will continue to be placed above.

Income Tax - Capital Gains

While I have retained historical documents for your information, you should bear in mind that the consultative process led to several changes to the initial proposals and draft legislation.

• 23 February 2000: Budget Day Guide to the Initial CGT Proposals (Requires Adobe Acrobat 2.1 or higher)
• 12 December 2000: Draft Taxation Laws Amendment Bill, 2001 (Requires Adobe Acrobat 4.0 or higher)
• 12 December 2000: Memorandum on Draft Taxation Laws Amendment Bill (Requires Adobe Acrobat 4.0 or higher)
• 13 December 2000: International Monetary Fund: South Africa: Taxing Capital Gains (Requires Adobe Acrobat 4.0 or higher.)
• 17 December 2001: Pre-Valuation Date Asset Spreadsheet (Requires MS Excel 5.0 or higher)
• 24 January 2001: National Treasury: Capital Gains Tax in South Africa (Requires Adobe Acrobat 4.0 or higher)
• 25 January 2001: Professor Rick Krever: A Capital Gains Tax for South Africa
• 26 January 2001: Professor Neil Brooks: Taxing Capital Gains is Good for the Tax System, the Economy and Tax Administration (Requires Adobe Acrobat 2.1 or higher)
• 2 March 2001: Draft Taxation Laws Amendment Bill, 2001 (Requires Adobe Acrobat 4.0 or higher)
• 5 April 2001: Taxation Laws Amendment Bill, 2001 (Requires Adobe Acrobat 4.0 or higher)
• 5 April 2001: Memorandum on the Taxation Laws Amendment Bill, 2001 Over 50 000 words long and more than 80 examples. (Requires Adobe Acrobat 4.0 or higher)
• 28 May 2001: Errata to the Memorandum on the Taxation Laws Amendment Bill, 2001 (Requires Adobe Acrobat 4.0 or higher)
• 28 May 2001: Revised Memorandum on the Taxation Laws Amendment Bill, 2001 (Requires Adobe Acrobat 4.0 or higher)
• 20 June 2001: Taxation Laws Amendment Act, 5 of 2001 (Requires Adobe Acrobat 4.0 or higher)
• 31 August 2001: Draft FOREX Regulations (Requires Adobe Acrobat 4.0 or higher)

As is the case with all tax legislation, especially new legislation, amendments followed. The Revenue Laws Amendment Act, 19 of 2001, and the Second Revenue Laws Amendment Act, 60 of 2001, contained many minor clarifications and a few significant changes. On the promulgation of the latter Act on 12 December 2001, SARS released a consolidated version of the Eighth Schedule, which takes up the amendments to the Eighth Schedule up until that date.

SARS has also released a second consolidated version of the Eighth Schedule which takes up the small number of amendments in the Taxation Laws Amendment Act, 30 of 2002. The Revenue Laws Amendment Act, 74 of 2002, which revises the group reorganisation rules and codifies the FOREX rules for CGT, was promulgated on 13 December 2002. A third consolidated version of the Eighth Schedule followed. These and subsequent amendments are available in the Legislation section of the SARS web site.

Income Tax - Practice Notes/Interpretation Notes

• Practice Note 19: Wear & Tear
• Practice Note 37: Return Preparer's Fees
• Practice Note 39: Wear & Tear
• Practice Note 40: Lump Sum Benefits
• Practice Note 41: Stamp Duty Exemption
• Practice Note 42: Processes of Manufacture
• Practice Note 43: Treatment of Policy Loans
• Practice Note 44: Withdrawn
• SARS Practice Note 1: Ship Repairs
• SARS Practice Note 2: Non-Resident Financial Assistance
• SARS Practice Note 3: Mortgage Bonds and Costs Clauses
• SARS Practice Note 4: Foreign Exchange - Section 24I
• SARS Practice Note 5: Marketable Securities Lending Arrangements
• SARS Practice Note 6: Game Farming
• SARS Practice Note 7: Transfer Pricing
• SARS Practice Note 8: Section 10(1)(e) Exemption
• Interpretation Note 1: Provisional Tax Estimates
• Interpretation Note 2: Foreign Dividends - Deductibility of Interest [ First Issue | Second Issue ]
• Interpretation Note 3: Resident - Ordinarily Resident
• Interpretation Note 4: Resident - Physical Presence [ First Issue | Second Issue | Third Issue ]
• Interpretation Note 5: Employees' Tax - Directors of Private Companies [ First Issue | Second Issue ]
• Interpretation Note 6: Resident - Place of Effective Management
• Interpretation Note 7: Restraint of Trade Payments
• Interpretation Note 8: Insolvent Estates [ First Issue | Second Issue ]
• Interpretation Note 9: Small Business Corporations [ First Issue | Second Issue | Third Issue | Fourth Issue ]
• Interpretation Note 10: Skills Development Levy: Exemption: Public Benefit Organisations
• Interpretation Note 11: Trading Stock: Assets not used as Trading Stock
• Interpretation Note 12: Recoupments: Assets in a Deceased Estate
• Interpretation Note 13: Limitations of Deductions for Employees and Office Holders [ First Issue | Second Issue ]
• Interpretation Note 14: Allowances, Advances and Reimbursements [ First Issue | Second Issue ]
• Interpretation Note 15: Objection: Exercise of a Discretion - Late Objection [ First Issue | Second Issue ]
• Interpretation Note 16: Exemption from Income Tax: Foreign Employment Income
• Interpretation Note 17: Employees' Tax: Independent Contractors [First Issue | Second Issue ]
• Interpretation Note 18: Rebate for Foreign Taxes: Natural Persons
• Interpretation Note 19: Year of Assessment: Individuals and Trusts [ First Issue | Second Issue ]
• Interpretation Note 20: Learnership Allowance [ First Issue | Second Issue ]
• Interpretation Note 21: Applicability of the Regional Establishment Levy
• Interpretation Note 22: Transfer Duty - Public Benefit Organisations and Statutory Bodies
• Interpretation Note 23: Estimated Assessments in Respect of Foreign Funds or Assets
• Interpretation Note 24: Public Benefit Organisations (PBOs): Trading Rules - Partial Taxation of Trading Receipts [ First Issue | Second Issue ]
• Interpretation Note 25: Residence and Physical Presence in the Year of Death or Insolvency [ First Issue | Second Issue ]
• Interpretation Note 26: The Taxation of CCMA and Labour Court Awards
• Interpretation Note 27: Personal Liability for Outstanding Employees' Tax
• Interpretation Note 28: Deductions: Home Office Expenses Incurred by Employees or Office Holders
• Interpretation Note 29: Farming Operations: Equalised Rates of Tax
• Interpretation Note 30: Documentary Proof Required on Consignment or Delivery of Goods to an Export Country [ First Issue | Second Issue ]
• Interpretation Note 31: Documentary Proof Required for the Zero Rating of Goods and Services
• Interpretation Note 32: Public Benefit Organisations (PBOs): Prudent Investments
• Interpretation Note 33: Assessed Losses: Companies: The Trade and Income Requirement
• Interpretation Note 34: Exemption from Income Tax: Remuneration Derived by an Officer or Crew Member of a Ship
• Interpretation Note 35: Personal Service Companies, Personal Service Trusts and Labour Brokers[ First Issue | Second Issue]
• Interpretation Note 36: Scope and impact of section 76I upon written statements issued by the Commissioner prior to 1 October 2006
• Interpretation Note 37: Procedures for requesting binding effect in respect of written statements issued by the Commissioner prior to 1 October 2006
• Interpretation Note 38: Application and cost recovery fees for binding private rulings
• Interpretation Note 39: VAT Treatment of Public Authorities, Grants and Transfer Payments
• Interpretation Note 40: VAT treatment of the supply of goods and/or services to and/or from a CCA of an IDZ by and/or to a recipient
• Interpretation Note 41: Application of VAT to the Gambling Industry
• Interpretation Note 42: The supply of goods and/or services by the travel and tourism industry
• Interpretation Note 43: Section 9B: Circumstances in which amounts received or accrued on disposal of listed shares are deemed to be of a capital nature
• Interpretation Note 44: Public Benefit Organisations (PBOs): Capital Gains Tax (CGT)

• Draft Interpretation Note: Taxation implications of bursaries and scholarships
• Draft Interpretation Note: VAT treatment of the supply of goods and services by a municipality
• Draft Interpretation Note: Documentary Proof Required to Substantiate a Vendor's Entitlement to Apply the Zero Rate to Supplies
• Draft Interpretation Note: Section 23A: Limitation of allowances granted to lessors of certain assets
• Draft Interpretation Note: Deduction of Security Expenditure
• Draft Interpretation Note No. 2 (Issue 3): Income Tax: Section 11C: Foreign Dividends - Deductibility of Interest
• Draft Interpretation Note: Section 6quat: Rebate or Deduction for Foreign Taxes on Income
• Draft Interpretation Note: Paragraph 7 of the Seventh Schedule: Right of use of Motor Vehicle

Other Information

• Acts Online
• Bills of the SA Parliament
• Commissioner: SARS v King and Others (Unreported, 3 September 2002, TPD, 4745/02) (Requires Adobe Acrobat 2.1 or higher)
• Did You Hear?
• Double Taxation Agreements by Jurisdiction
• Informal Summary of the 1997 SARS Bill - Now the SARS Act [ Original | Amended ]
• Interest Rate History
• Legislation SARS administers (including Customs & Excise Act, with supplement for Securities Transfer Tax Act)
• National Treasury Site which includes Tax Commission Reports
• Official SARS Site
• Original Payroll Questionnaire
• South African Income Tax Rates from 2003 to 2009
• South African Income Tax Rates from 1981 to 2002
• Tax Offices Countrywide
• Visitor Data and Demographics
• Web Hosts - The Good, Bad, and Indifferent

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