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South Africa Case Law

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Tax Law [2019] ZATC 6

XYZ CC v Commissioner of the South Africa Revenue Service (IT14157)

XYZ CC v Commissioner of the South Africa Revenue Service (IT14157) [2019] ZATC 6; 82 SATC 335 (7 November 2019)

The Tax Court dismissed XYZ CC’s appeal, finding it failed to prove IOP and VWX were independent contractors rather than employees for PAYE and SDL purposes.

  • Employees Tax
  • Independent Contractor Status
  • Pay As You Earn
  • Skills Development Levy
  • Audit Procedure
  • Employees-tax
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Tax Law [2018] ZASCA 128

Commissioner for the South African Revenue Service v Pieters and Others (1026/17)

Commissioner for the South African Revenue Service v Pieters and Others (1026/17) [2018] ZASCA 128; 2020 (1) SA 22 (SCA); 82 SATC 12 (27 September 2018)

The SCA held that capped employee payments under section 98A of the Insolvency Act are not subject to PAYE and cannot be treated as administration expenses.

  • Employees Tax
  • Insolvency Act Preference
  • Liquidation Distribution Account
  • Pay As You Earn
  • Statutory Order Of Preference
  • Paye
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Tax Law [2014] ZATC 8

ABC Limited v Commissioner for the South African Revenue Services (12984)

ABC Limited v Commissioner for the South African Revenue Services (12984) [2014] ZATC 8 (5 September 2014)

The Tax Court held that amounts allocated to a company car scheme were taxable remuneration. The appeal against employees’ tax, interest, and penalties was dismissed.

  • Employees Tax
  • Salary Sacrifice
  • Remuneration Definition
  • Penalties And Interest
  • Company Car Scheme
  • Employees-tax
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Tax Law [2009] ZAWCHC 139

Vacation Exchanges International (Pty) Ltd v Commissioner for the South African Revenue Services (A253/2008)

Vacation Exchanges International (Pty) Ltd v Commissioner for the South African Revenue Services (A253/2008) [2009] ZAWCHC 139; 71 SATC 249 (7 August 2009)

The court held that the Seventh Schedule’s valuation process for fringe benefits must be followed before employees’ tax can be assessed against the employer.

  • Fringe Benefits Taxation
  • Seventh Schedule Interpretation
  • Employees Tax
  • Remuneration Definition
  • Fringe-benefits-taxation
  • Employees-tax
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Tax Law [2005] ZAFSHC 21

Edbel Vyk (Pty) Ltd v South African Revenue Service (11244)

Edbel Vyk (Pty) Ltd v South African Revenue Service (11244) [2005] ZAFSHC 21 (27 January 2005)

The court held that marketing agents for a micro-lender were independent contractors, so employees’ tax was not payable and the assessment had to be withdrawn.

  • Independent Contractor Classification
  • Employees Tax
  • Remuneration Definition
  • Fourth Schedule Income Tax Act
  • Onus Of Proof
  • Penalty And Interest
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.