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TAXtalk November
2007
Week 3
This Week in TAXtalk
Dear Subscriber,
The holiday season is creeping up on us slowly, the hot weather is an indication that we are almost there. I was reading the Practical VAT Handbook newsletter and Dee Bezuidenhout, the editor-in-chief, wrote about what foreign tourists coming to our shores need to know about VAT refunds.
According to Dee, whether or not you´re in the tourism industry, your business will likely be touched in some way by our foreign visitors this holiday season.

When a non-resident buys goods and takes delivery of them in South Africa, you must apply VAT at the standard rate.

When that buyer exports these goods, a zero-rating is effected by the refunds made.

For a foreign visitor to successfully claim a VAT refund, he must be a qualifying purchaser. To be recognised as such, he must prove that he is:
  • a non-resident, tourist or foreign businessman/trader;
  • a foreign diplomat who is leaving South Africa permanently; or
  • a person who doesn't have permanent residence status in South Africa.
Dee states that, to ensure the Vat refund process is finalised as speedily as possible, a foreign visitor to South Africa must follow these three steps:
TAXtalk Magazine - Issue 7, 2007
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  1. Obtain a valid tax invoice.
  2. On departure from Cape Town, Durban or OR Tambo international airports, or one of the 19 designated border posts, present the claim at the Vat refund office.
  3. Present the goods to be exported and the relevant tax invoices.
With the silly season knocking on our front doors, Dee's advice will certainly come in handy.

Remember that the SCA Interest free loan judgment notes are available on the TAXtalk Website for online purchase if you would still like a copy.

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Tax Issues
Dividends and the distribution of liquidation dividends have always had positive connotations attached to them. This issue was discussed by Kyle Mandy, director at Werksmans Tax, on Tax Issues, broadcast on Summit TV (DSTV channel 292) at 20h40 & 22h40 on Wednesday evenings and at 7h30 on Thursday mornings.

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Till next week.
Janine Connor
Executive Editor & Head of TAXtalk
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Astral Foods - The Unbundled Success Story
Brett Scott - Chief Investment Officer - The Perfect-Portfolio
Looking at the performance of the JSE over the last few years, an outsider would think that business is firing on all cylinders and although it generally was the case up to a few months ago, the environment, certainly for some companies or industries, became much harder. The way many of these companies are currently being steered through a changing and more difficult macro environment is by bringing the management quality in a number of SA companies to the fore.
read more ...
Mere suspicion by SARS does not justify an assumption that the taxpayer has been fraudulent
Alan Seccombe, a tax specialist - PricewaterhouseCoopers
Alan Seccombe, a tax specialist at PricewaterhouseCoopers, says that SARS shows no mercy to taxpayers who lodge false or intentionally misleading tax returns. If it comes to light that a taxpayer has not, in his tax return, made full disclosure of all income, the Income Tax Act empowers SARS to issue an additional assessment in respect of the undisclosed income, and to impose additional tax (often called penalty tax) on that income. In the result, the taxpayer can end up having to pay triple tax on the undisclosed income. Non-disclosure of income is also a criminal offence, punishable by a fine or imprisonment.
read more ...
Global Tax Jobs
eTaxjobs is a global job portal exclusively for tax professionals, and an online resource for employers and recruitment firms to advertise their vacancies. eTaxjobs operate in the UK, Europe, USA, Canada, Australia, New Zealand, Africa and around the World.

Available tax jobs for this week are:
What is so attractive about South Africa?
Marisa Berndsen - The Good News
When I met up with Martine Schaffer, managing director of the Homecoming Revolution, earlier this week she was full of energy. Surprisingly so, considering the month she has had. The team has just returned from its second Careers Expo in London. They were joined by 35 of South Africa and the world´s top companies looking to attract UK-based South Africans with important skills back home.
read more ...
The distribution of liquidation dividends: Positive or not?
Interview with Kyle Mandy, director at Werksmans - Summit TV
Dividends and the distribution of liquidation dividends have always had positive connotations attached to them. This issue was discussed by Kyle Mandy, director at Werksmans Tax, on Tax Issues, broadcast on Summit TV.
read more ...
Events and Seminars
This exclusive Seminar will include presentations from respected tax experts from around the country and abroad and include discussion on:
  • Formal introduction of SAIT as a professional Institute in South Africa.
  • Feedback from local tax practitioners on the draft Bill.
  • Update on the developments surrounding the draft ‘Regulating of Tax Practitioners Bill’.
  • Presentation by Taxation Institute of Australia on international best practice for regulating tax practitioners.
  • Potential impact of the new legislation on accountants and tax professionals.
  • Info session on the new SARS e-filing.
  • Tax update presented by Professors Jackie Arendse and Lynette Olivier.
  • Presentation on ‘7 Habitual Tax Mistakes’ made by companies.
To book your seat or for more information, Click Here
New amendment to VAT Act: Confirm VAT rulings with SARS before it is too late
TAXtalk Magazine Article
An amendmen in the Value-Added Tax (VAT) Act provides for VAT rulings issued before 1 January 2007 to be confirmed by SARS. This year VAT has been around for 16 years and in this time taxpayers obtained many VAT rulings from SARS. Up to now, SARS would not withdraw a ruling retrospectively, but could withdraw the ruling going forward.
read more ...
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