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The VAT implications of e-commerce goods and services imported to South Africa / Elani FryerFryer, Elani January 2014 (has links)
This research identified that e-commerce is growing annually and has a significant impact on the
South African economy. When the Minister of Finance announced that VAT registration would
become compulsory for foreign suppliers importing e-commerce transactions into South Africa,
there were many speculations regarding the implication this will have for South Africa.
The main objectives for the research are to determine whether the current VAT structure and
VAT Act in South Africa will be able to support the proposal made by the Minister of Finance
and what possible challenges should be considered regarding VAT on e-commerce transactions
that were already identified by other countries. It will further be considered whether the proposal
is in line with current international legislation and trends.
Therefore, the development and implementation of VAT on e-commerce transactions in the
European Union and New Zealand were researched and discussed to obtain an understanding of
the similar current VAT systems in other parts of the world. It was identified during the research
that there are still challenges experienced with the implementation of VAT on e-commerce
transactions. The challenges range from the anonymity of the parties to the identification of the
permanent establishment of the supplier, which are discussed in detail. These challenges can lead
to tax evasion and the erosion of a country’s revenue base. The proposal by the Minister of
Finance is found to be in line with other countries’ implementation of VAT on e-commerce
transactions.
Furthermore, South Africa’s current VAT system was analysed to ascertain whether it is
sufficient to implement VAT on e-commerce transactions. Currently, SARS is dependent on the
consumer’s honesty to declare the VAT on all e-commerce transactions. It was further identified that there are challenges relating to the implementation of VAT on ecommerce
transactions as it is lacking place of supply rules, which often creates uncertainty
about whether a product is subject to VAT.
It was found in the study that the current VAT system would not be sufficient to support the
proposal made by the Minister of Finance without an amendment to the VAT system to secure
the income from the consumption tax on e-commerce transactions. It was further found that there
are worldwide still challenges experienced with the implementation of VAT on e-commerce
transactions. Recommendations were made for further research relating to the new Tax Bill that
is due to be released in 2014 and the impact it will have on the South African economy. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014
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The VAT implications of e-commerce goods and services imported to South Africa / Elani FryerFryer, Elani January 2014 (has links)
This research identified that e-commerce is growing annually and has a significant impact on the
South African economy. When the Minister of Finance announced that VAT registration would
become compulsory for foreign suppliers importing e-commerce transactions into South Africa,
there were many speculations regarding the implication this will have for South Africa.
The main objectives for the research are to determine whether the current VAT structure and
VAT Act in South Africa will be able to support the proposal made by the Minister of Finance
and what possible challenges should be considered regarding VAT on e-commerce transactions
that were already identified by other countries. It will further be considered whether the proposal
is in line with current international legislation and trends.
Therefore, the development and implementation of VAT on e-commerce transactions in the
European Union and New Zealand were researched and discussed to obtain an understanding of
the similar current VAT systems in other parts of the world. It was identified during the research
that there are still challenges experienced with the implementation of VAT on e-commerce
transactions. The challenges range from the anonymity of the parties to the identification of the
permanent establishment of the supplier, which are discussed in detail. These challenges can lead
to tax evasion and the erosion of a country’s revenue base. The proposal by the Minister of
Finance is found to be in line with other countries’ implementation of VAT on e-commerce
transactions.
Furthermore, South Africa’s current VAT system was analysed to ascertain whether it is
sufficient to implement VAT on e-commerce transactions. Currently, SARS is dependent on the
consumer’s honesty to declare the VAT on all e-commerce transactions. It was further identified that there are challenges relating to the implementation of VAT on ecommerce
transactions as it is lacking place of supply rules, which often creates uncertainty
about whether a product is subject to VAT.
It was found in the study that the current VAT system would not be sufficient to support the
proposal made by the Minister of Finance without an amendment to the VAT system to secure
the income from the consumption tax on e-commerce transactions. It was further found that there
are worldwide still challenges experienced with the implementation of VAT on e-commerce
transactions. Recommendations were made for further research relating to the new Tax Bill that
is due to be released in 2014 and the impact it will have on the South African economy. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014
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Die belastinggevolge van boedelsamesmelting / Jean-Mari de BeerDe Beer, Jean-Mari January 2012 (has links)
Estate massing is one of the estate planning instruments used by estate planners,
especially with regards to marriages in community of property; nonetheless any two
people (or more) may mass their whole estates or a part thereof.
Section 37 of the Administration of Estates Act describes massed estates and
therefore it also supplies the requirements for estate massing and will be explored in
this study.
Estate massing gives rise to tax consequences that would not have arised normally.
Due to estate massing there will be tax consequences for the predeceased testator
and the surviving testator(s) and even in some cases there will be tax consequences
for the heirs. In this study, attention is paid to the tax consequences of estate duty,
donations tax, transfer duty, VAT and CGT.
The purpose of this study is to determine the difference between the consequences
of estate massing should it happen in accordance with the requirements of the
Administration of Estates Act and should it not happen in accordance with the
requirements of the Administration of Estates Act. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2013
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Die belastinggevolge van boedelsamesmelting / Jean-Mari de BeerDe Beer, Jean-Mari January 2012 (has links)
Estate massing is one of the estate planning instruments used by estate planners,
especially with regards to marriages in community of property; nonetheless any two
people (or more) may mass their whole estates or a part thereof.
Section 37 of the Administration of Estates Act describes massed estates and
therefore it also supplies the requirements for estate massing and will be explored in
this study.
Estate massing gives rise to tax consequences that would not have arised normally.
Due to estate massing there will be tax consequences for the predeceased testator
and the surviving testator(s) and even in some cases there will be tax consequences
for the heirs. In this study, attention is paid to the tax consequences of estate duty,
donations tax, transfer duty, VAT and CGT.
The purpose of this study is to determine the difference between the consequences
of estate massing should it happen in accordance with the requirements of the
Administration of Estates Act and should it not happen in accordance with the
requirements of the Administration of Estates Act. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2013
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The necessity to introduce "place of supply" rules from a VAT perspective for telecommunication services in South AfricaBuitenweg, Anna Herculina 26 July 2013 (has links)
South Africa’s VAT legislation has specific value and time of supply rules. It does not have a specific section for place of supply rules, but this is however incorporated within the various sections of the Act. Still, there is sometimes uncertainty regarding what the place of supply would be, especially when it comes to telecommunication services across borders. Some foreign countries, like European countries, have specific place of supply rules. However, South Africa does not specify where the specific place of supply of telecommunication services should be. International roaming complicates matters as a South African resident can visit a foreign country and make calls from the foreign country to yet another country, but is then billed in South Africa at a rate including VAT at 14%. One could argue that this is not the correct treatment as it could be deemed an export of services, which would generally be zero-rated. During the interviews it was discovered that the foreign network operator billed the South African network operator for the services rendered to the South African operator’s customer in the foreign country. Some operators levy VAT on this charge at that country’s VAT rate, whereas other countries’ operators will levy at a rate of zero percent. However, the South African resident is levied at a charge including VAT at 14%, regardless of whether the operator was charged VAT by the foreign operator or not. Costs of international roaming are already high and, therefore, international roaming can become very expensive for customers. The researcher suggests that the agreement be revisited and that VAT is only charged in the country where the consumption of the supplies takes place, or in the case of a service, where the service is utilized. It is however much more complex with telecommunication services as there are various networks that go through numerous countries, and can include the customer’s home country. AFRIKAANS : Suid-Afrika se BTW-wetgewing het reëls wat spesifieke waarde en tyd van lewering bepaal. Hoewel dit nie 'n spesifieke artikel het met reëls wat handel oor die plek van lewering nie, is dit egter in die verskillende artikels van die wet geïnkorporeer. Tog is daar soms onsekerheid oor waar die plek van lewering is, veral wanneer dit telekommunikasiedienste raak wat oor grense verskaf word. Sommige lande, byvoorbeeld Europese lande, het spesifieke reëls wat plek van lewering bepaal. Suid-Afrika spesifiseer egter nie die spesifieke plek van lewering van telekommunikasiedienste nie. Internasionale selfoon swerwery kompliseer sake omdat 'n Suid-Afrikaanse inwoner die buiteland kan besoek en oproepe van daar na nog 'n ander land maak, maar steeds in Suid-Afrika gefaktureer word teen 'n koers insluitend BTW teen 14%.’n Mens kan argumenteer dat dit nie die regte hantering is nie omdat dit 'n uitvoer van dienste geag kan word, wat gewoonlik genulkoers word. Daar is tydens die onderhoude ontdek dat die buitelandse netwerk-operateur die Suid- Afrikaanse netwerk-operateur faktureer vir die dienste aan die Suid-Afrikaanse operateur se kliënte in die buiteland. Sommige operateurs hef BTW op hierdie koste teen die koers van daardie land se BTW, terwyl ander lande se operateurs teen 'n koers van nul persent sal hef. Die Suid-Afrikaanse inwoner word egter teen ‘n koste insluitend BTW van 14% gefaktureer, ongeag of die operateur deur die buitelandse operateur teen ’n koste insluitend BTW van 0% of ‘n ander persentasie gefaktureer is. Koste van internasionale selfoon swerwery word gehef in die land waar die voorrade gebruik word, of in die geval van 'n diens, waar die diens gebruik word. Die koste kan baie hoog wees. Dit is egter baie meer kompleks met telekommunikasiedienste omdat daar verskeie netwerke is wat deur talle lande kan gaan. Dit kan moontlik in die kliënt se land van herkoms ook wees. / Dissertation (MCom)--University of Pretoria, 2012. / Taxation / unrestricted
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Refining the understatement penalty in terms of the Tax Administration Act / Johannes Alexander FeuthFeuth, Johannes Alexander January 2013 (has links)
The Tax Administration Act (28 of 2011) (TA Act), which was promulgated on 4 July 2012 and came into effect on 1 October 2012, was enacted with the purpose of aligning all the administrative provisions dealt with under the various sections of the Income Tax Act (58 of 1962) (IT Act) and the Value-Added Tax Act (89 of 1991) (VAT Act) under one piece of legislation. The TA Act (28 of 2011) provides guidance on various matters of tax administration, including a very controversial penalty levying regime. Prior to the TA Act (28 of 2011), section 76 of the IT Act (58 of 1962) and section 60 the VAT Act (89 of 1991) (hereafter referred to as the pre-TA Act (28 of 2011) penalty provisions) dealt with the levying of additional taxes in cases of understated tax returns. Sections 76 and 60 of the respective acts unfortunately did not provide proper guidelines on the assessment and calculation of these additional taxes or on how the levying of these additional taxes could conform to matters of administrative justice. These matters have been included under sections 221 to 223 of the TA Act (28 of 2011) (hereafter referred to as the understatement penalty percentage provisions under the TA Act (28 of 2011)) and have been welcomed by most taxpayers.
This research study focused on the critical evaluation of the understatement penalty percentage provisions under the TA Act (28 of 2011) as well as the provisions which were repealed and replaced by the TA Act (28 of 2011) and which were previously applied in terms of the pre-TA Act (28 of 2011) penalty provisions. A comparison between the latter provisions, the understatement penalty percentage provisions under the TA Act (28 of 2011) and foreign legislation is made with the purpose of addressing how effective and fair the TA Act (28 of 2011) will prove to be. The study also includes brief advice on any possible improvements or practical approaches regarding the understatement penalty percentage provisions under the TA Act (28 of 2011). It is also seen as necessary to evaluate the effectiveness of the regulations promulgated in terms of sections 221 to 223 of the TA Act (28 of 2011), and to identify possible problems with the application and interpretation of the relevant understatement penalty percentage provisions under the TA Act (28 of 2011) by the Commissioner.
A literature review was used to critically analyse and compare various pieces of legislation and precedents, including South African and foreign laws and legislation, with possible practical illustrative examples. The objective with the literature review was to clarify issues such as the fairness of the understatement penalty percentage provisions under the TA Act (28 of 2011) and the pre-TA Act (28 of 2011) penalty provisions. The findings of the research study revealed that the enactment of the understatement penalty percentage provisions under the TA Act (28 of 2011) on 1 October 2012 partially achieves the objective of providing taxpayers with a penalty levying system that is more reasonable and fair in comparison with the pre-TA Act (28 of 2011) penalty provisions. Despite a more favourable outcome achieved by the TA Act (28 of 2011), the research concludes that proper guidance and measures for levying a penalty are still lacking and that the legislation is unfortunately still failing in this regard. Harsh penalty percentages based on certain behavioural criteria that are not defined create the need for obvious improvements. That said, the TA Act (28 of 2011) is still young and creates a basis on which further amendments and improvements can take place. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014
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Refining the understatement penalty in terms of the Tax Administration Act / Johannes Alexander FeuthFeuth, Johannes Alexander January 2013 (has links)
The Tax Administration Act (28 of 2011) (TA Act), which was promulgated on 4 July 2012 and came into effect on 1 October 2012, was enacted with the purpose of aligning all the administrative provisions dealt with under the various sections of the Income Tax Act (58 of 1962) (IT Act) and the Value-Added Tax Act (89 of 1991) (VAT Act) under one piece of legislation. The TA Act (28 of 2011) provides guidance on various matters of tax administration, including a very controversial penalty levying regime. Prior to the TA Act (28 of 2011), section 76 of the IT Act (58 of 1962) and section 60 the VAT Act (89 of 1991) (hereafter referred to as the pre-TA Act (28 of 2011) penalty provisions) dealt with the levying of additional taxes in cases of understated tax returns. Sections 76 and 60 of the respective acts unfortunately did not provide proper guidelines on the assessment and calculation of these additional taxes or on how the levying of these additional taxes could conform to matters of administrative justice. These matters have been included under sections 221 to 223 of the TA Act (28 of 2011) (hereafter referred to as the understatement penalty percentage provisions under the TA Act (28 of 2011)) and have been welcomed by most taxpayers.
This research study focused on the critical evaluation of the understatement penalty percentage provisions under the TA Act (28 of 2011) as well as the provisions which were repealed and replaced by the TA Act (28 of 2011) and which were previously applied in terms of the pre-TA Act (28 of 2011) penalty provisions. A comparison between the latter provisions, the understatement penalty percentage provisions under the TA Act (28 of 2011) and foreign legislation is made with the purpose of addressing how effective and fair the TA Act (28 of 2011) will prove to be. The study also includes brief advice on any possible improvements or practical approaches regarding the understatement penalty percentage provisions under the TA Act (28 of 2011). It is also seen as necessary to evaluate the effectiveness of the regulations promulgated in terms of sections 221 to 223 of the TA Act (28 of 2011), and to identify possible problems with the application and interpretation of the relevant understatement penalty percentage provisions under the TA Act (28 of 2011) by the Commissioner.
A literature review was used to critically analyse and compare various pieces of legislation and precedents, including South African and foreign laws and legislation, with possible practical illustrative examples. The objective with the literature review was to clarify issues such as the fairness of the understatement penalty percentage provisions under the TA Act (28 of 2011) and the pre-TA Act (28 of 2011) penalty provisions. The findings of the research study revealed that the enactment of the understatement penalty percentage provisions under the TA Act (28 of 2011) on 1 October 2012 partially achieves the objective of providing taxpayers with a penalty levying system that is more reasonable and fair in comparison with the pre-TA Act (28 of 2011) penalty provisions. Despite a more favourable outcome achieved by the TA Act (28 of 2011), the research concludes that proper guidance and measures for levying a penalty are still lacking and that the legislation is unfortunately still failing in this regard. Harsh penalty percentages based on certain behavioural criteria that are not defined create the need for obvious improvements. That said, the TA Act (28 of 2011) is still young and creates a basis on which further amendments and improvements can take place. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014
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An explorative study : place of supply rules for Value-Added Tax in South AfricaJanse van Rensburg, Zendi 19 March 2012 (has links)
Value-Added Tax (VAT) was introduced in South Africa in 1991 by the Value Added Tax Act No. 89 of 1991 (the VAT Act). The South African VAT system is based on the destination or consumption of the goods or service supplied. The initial place where these goods and services are supplied is not taken into consideration. As a result, non-residents in some instances will be liable to register as VAT vendors and account for VAT even if they are not physically present in South Africa. The absence of place of supply rules therefore impacts on determining where a supply takes place and on the VAT registration of for example non-residents. This study aims to determine whether the South African VAT legislation, to some extent, makes provision for place of supply rules, to establish whether general place of supply rules for certain African and developed countries exist, to draw a comparison between these countries and to determine the possibility of implementing similar rules for South Africa. The study concludes that although not sufficient, the South African VAT legislation provides for certain inferred VAT place of supply rules. Worldwide, different countries apply place of supply by different means, and it is therefore not viable to combine all the various countries’ rules into one set of rules for implementation in South Africa. However, in order for South African VAT legislation to be in line with international trends, the study suggests that South Africa should investigate and determine whether place of supply rules should not formally be introduced in its legislation. VAT place of supply rules is important, as introducing same will equip South Africa to better align itself with its international trading partners. It will enable the supplier and consumer to determine whether a person should register for VAT in South Africa, clarify where a supply takes place and at what rate VAT should be charged. It will also minimise confusion as to the application of VAT treatment of certain transactions and eliminate or limit the possibility of double or non-taxation that can arise. AFRIKAANS : Belasting op toegevoegde waarde (BTW) het in Suid Afrika in werking getree in 1991 deur die implementering van die Belasting op Toegevoegde Waarde Wet No. 89 van 1991 (die BTW Wet). Die Suid Afrikaanse BTW sisteem is van so aard dat BTW betaalbaar is by die uiteindelike bestemming of finale gebruik van goedere en dienste wat gelewer word. Die oorsprongklike plek van lewering word nie in ag geneem nie. Die gevolg hiervan is dat nie-inwoners in sommige gevalle aanspreeklik sal wees om te registreer vir BTW ondernemers en om BTW te betaal, selfs al is hulle nooit fisies in Suid Afrika teenwoordig nie. Die afwesigheid van plek van lewering reëls het ‘n invloed op die bepaling van die plek van oorsprong van die lewering asook die BTW registrasie van byvoorbeeld, nie-inwoners. Die studie het ten doel om te bepaal of Suid Afrikaanse wetgewing tot ‘n seker mate plek van lewering reëls insluit, om te bepaal of algemene plek van lewering reëls vir sekere Afrika en ontwikkelde lande in werking is, om ‘n vergelyking tussen hierdie lande se reëls te trek en om die moontlike implementering van soorgelyke reëls in Suid Afrika te ondersoek. Die slotsom van die studie is dat alhoewel nie voldoende, die Suid Afrikaanse BTW wetgewing wel voorsiening maak vir toevallige plek van lewering reëls. Verskillende lande hanteer plek van lewering reëls op verskillende wyses en dit is dus nie moontlik om een stel gekombineerde reëls op te stel en toe te pas in Suid Afrika nie. Om die Suid Afrikaanse BTW wetgewing egter in lyn met internasionale tendense te bring, stel die studie voor dat Suid Afrika ondersoek instel en bepaal of plek van lewering reëls nie formeel ingesluit moet word in diewetgewing nie.BTW plek van lewering reëls is belangrik omdat die implementering daarvan Suid Afrika beter sal toerus om in lyn te wees met sy internasionale handelsvennote. Dit sal ook die verskaffer en verbruiker in staat stel om te bepaal of ‘n persoon in Suid Afrika moet registreer vir BTW, duidelikheid verskaf rakende die oorsprong of plek van lewering en teen watter koers BTW gehef moet word. Dit sal ook die verwarring rondom die korrekte hantering van BTW op spesifieke transaksies verminder en die potensiaal van dubbel of geen belasting beperk of elimineer. Copyright 2011, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. Please cite as follows: Janse van Rensburg, Z 2011, An explorative study : place of supply rules for Value-Added Tax in South Africa, MCom dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-03192012-163350 / > F12/4/171/gm / Dissertation (MCom)--University of Pretoria, 2012. / Taxation / unrestricted
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The consequences of land expropriations in terms of the South African Vat ActSmit, Roxane 19 July 2013 (has links)
The VAT consequences of land expropriations appear to be a grey area with no definitive answer as to which expropriations are zero rated or vatable at 14%. While it is generally understood that the government performs expropriations, there are many departments within the government that have authority to perform these expropriations independently. Based on section 11(1)(s) and (t) of the VAT Act, depending on which department performs the expropriation and under which Act the expropriations are made it will be determined whether the expropriation will attract VAT at 14% or 0%. However, the detail contained in section 11(1)(s) and (t) does not lend itself to a clear cut explanation as to the motive behind why some expropriations are zero rated and others that are fundamentally similar are vatable at 14%. This study performs a comparison of expropriations under the Housing Act, Restitution of Land Rights Act and the Provision of Land and Assistance Act and their VAT consequences. The purpose of this study is to try and find the driving factor that determines the VAT consequences of the different expropriations and to determine whether there is a commonality. The study performs an analysis of the expropriating authorities of the different Acts mentioned above and determines whether their VAT vendor status has an influence as to whether VAT is levied at 0% or 14% or whether the entire transaction is an exempt supply. The conclusion reached is that the most appropriate course of action would be to apply a blanket rule of zero rating the supply. This would reduce confusion and uncertainty relating to the VAT consequences and would also assist all parties concerned to have the same expectation. It is important that the South African Revenue Service provides some guidelines to assist in understanding the VAT consequences of expropriations in South Africa, as they will be required to enforce the legislation. AFRIKAANS : Die BTW-gevolge van grondonteienings blyk ‘n grys gebied te wees met geen duidelike antwoorde wanneer dit kom by watter van hierdie onteienings onderhewig is aan nulkoers en watter onteienings belasbaar is teen 14% nie. Alhoewel die algemene gevoel is dat die regering onteienings uitvoer, is daar wel departemente binne die regering wat die volmag het om hierdie onteienings onafhanklik toe te pas. Op grond van artikel 11(1)(e) en (t) van die BTW-wet, sal vasgestel word watter onteienings aan 14% of nulkoers BTW onderhewig is deur te kyk na watter departement die onteienings uitvoer en onder watter wet die onteienings gemaak is. Die detail wat in artikel 11(1)(e) en (t) vervat word is nie heeltemal duidelik oor hoekom sekere onteienings aan nulkoers onderhewig is en ander, wat fundamenteel dieselfde is, belasbaar is teen 14% nie. ʼn Vergelyking van onteienings wat onder die Wet op Behuising, Wet op Herstel van Grondregte en die Wet op die Beskikbaarstelling van Grond en Bystand plaasvind, asook die BTW-gevolge van elke wet, word deur middel van hierdie studie gemaak. Die doel van hierdie studie is om te bepaal watter faktore die BTW-gevolge van die verskillende onteienings bepaal, en of die faktore iets in gemeen het. Die studie analiseer die onteieningsgesag wat by die verskillende wette soos hierbo genoem ter sprake is en bepaal of die BTW-ondernemer-status ‘n invloed het op of 1) BTW teen nulkoers of 14% toegedien word en of 2) die hele transaksie ‘n nie-belasbare lewering is. Die gevolgtrekking wat bereik word is dat die mees geskikte plan van aksie sal wees om alle lewerings onderhewig te maak aan ‘n nulkoers. Dit sal verwarring en onsekerheid met betrekking tot die BTW-gevolge verminder en verseker dat alle betrokke partye dieselfde verwagting sal hê. Dit is belangrik dat die Suid-Afrikaanse Inkomstediens riglyne sal verskaf wat kan help om die BTW-gevolge van onteienings in Suid-Afrika verstaanbaar te maak, aangesien daar in elk geval van die regering vereis word om wetgewing af te dwing. / Dissertation (MCom)--University of Pretoria, 2013. / Taxation / unrestricted
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