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Technical Updates for April 2018

SARS:
  • Guides (new and updated
    • The Tax Administration Act, 2011.
    • Understatement penalties.
    • The taxation of professional sports clubs and players.
    • The determination of medical tax credits (Issue 9).
    • The urban development zone (UDZ) allowance (Issue 6)
    • FAQs on the increase in the VAT rate.
    • The calculation of the tax payable on lump sum benefits (Issue 3).
  • Interpretation Notes (new and draft):
    • 17 (Issue 4) – Employees' Tax: Independent Contractors.
    • 35 (Issue 4) – Employees' tax: personal service providers and labour brokers.
    • 48 (Issue 3) – Instalment credit agreement and debtor's allowance.
    • 93 (Issue 2) – The taxation of foreign dividends.
  • Binding Private Rulings issued:
    • 294: Amalgamation transaction between non-resident companies.
    • 295: Distribution in specie of a share.
    • 296: Disposal by a German limited partnership of its assets to its sole member.
    • 297: Amalgamation transaction involving conversion of share block companies to private companies.
    • 298: Waiver of debt.
    • 299: Dividend distribution.
    • 300: Intra-group transaction and conversion of debt to equity.
  • Binding Class Rulings issued:
    • 061: Foreign return of capital.
    • 062: Research and development conducted on behalf of a taxpayer.
  • Binding General Ruling issued:
    • 47: Meaning of month in the definition of "monthly remuneration" for employers remunerating employees on a weekly or fortnightly basis.
  • Notices issued:
    • Returns to be submitted by third parties in terms of section 26.
    • Due dates for submission of EMP501 returns.
    • Subsistence allowances (daily amount in respect of meals and incidental costs with effect from 1 March 2018).
    • Travel allowance (fixing of rate per km), including the change in treatment of reimbursive travel allowances for PAYE purposes (with effect from 1 March 2018).
    • Average exchange rates (updated Tables A and B)
    • Sugary beverages.
    • Section 7C donations tax calculations: practical issues addressed by SAICA.
  • Court case: transfer duty.
IFRS::
  • IASB: Revised conceptual framework for financial reporting that underpins IFRS standards.
  • SAICA: Circular 4/2018 - Headline Earnings: updated for amendments made to IFRSs and Interpretations issued between March 2015 and June 2017 (effective for financial periods ending on or after 30 April 2018).
  • General: IFRS update.
IRBA:
  • Guidance issued:
    • Revised practice statement SAAPS2 – Financial Reporting Frameworks and the Auditor's Report (effective for audits of financial statements for periods ending on or after 1 April 2018).
    • Revised standard ISAE 3420 – Assurance Engagements to Report on the Compilation of Pro Forma Financial Information included in a prospectus, pre-listing statement or circular: Revised illustrative assurance report prepared to meet the JSE listing requirements. (Effective for assurance reports on pro forma financial information issued on or after 30 March 2018).
  • General:
    • IFIAR issues report on the 2017 Global Inspections Findings Survey – also includes a SAICA press release re: IFIAR report.
    • Fees payable to the IRBA with effect from 1 April 2018.
CIPC:
  • Notices issued (enforcement and to customers):
    • Enquiry system for logging tickets: updated categories rolled out on 12 March 2018 – to use for your specific requests.
    • Pilot of new online filing of changes relating to authorised shares: as per Form CoR15.2, pursuant to Section 6(13) of the Companies Act. Refer to the new step by step guide on authorised share changes.
    • Updated List of Accredited bodies: whose members are eligible to be licensed as business rescue practitioners – as at 28 March 2018.
  • Guidance issued:
    • Revised Practice Note 6 of 2011: Detail required for registration of external companies, in terms of Regulation 4 of the Companies Act Regulations.
Labour Law: :
  • National Minimum Wages: Department of Labour postpones the implementation date indefinitely.
  • Court cases:
    • “Innocent attraction vs sexual harassment”.
    • “Your racist comments on Facebook will get you fired!”
Other Laws & Regulations affecting your
client AND impact on NOCLAR:
  • COIDA: Classification of industries and standard rates 2013/2018 per 100 earnings.
  • Money laundering – Updated guidance issued by FIC:
    • Publication re: money laundering typologies and indicators.
    • Registration with the FIC by accountable and reporting institutions.
    • The mode of communication regarding Sections 27, 32, 34 And 35 of the FIC Act.
  • Consumer Protection Act: VAT increase and price displays.
Regulator news:
  • CIBA/UNISA: certificate for school bookkeepers.
  • IRBA press release:
    • 1st AFIAAR meeting heralds new focus on independent accounting and auditing regulation in Africa.
  • FIC media release:
    • The SARB imposes administrative sanctions on 5 Authorised Dealers in foreign exchange with limited authority.
  • SAICA guidance: Practice Continuation Agreements – 1st illustrative example.
  • FSB press releases:
    • 3 Warnings issued to public against suspect providers.
    • 1 Company fined R100 000 for contravening the FAIS Act for what?.
  • SARS media releases:
    • Debt collectors appointed to recover R16.6-billion owed.
    • R3.3-billion mark reached in SVDP.
    • SARS Customs busts goods worth close to R400 million since 1 January 2018.
General Announcements / News Releases:
  • CIBA submission on Legal Practice Act (Rules) to provide for independent reviewers.
  • CIBA press release: How the auditing profession is conflicted about performing auditing and other consulting services for the same client.
  • VAT: Impact of rate increases on fixed property rentals.
  • Tax compliance in the religious sector: Recent developments in the PBO arena and general tax provisions applicable to PBOs.

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