ABC (Pty) Ltd v Commissioner for the South African Revenue Service (13512) [2015] ZATC 5 (30 March 2015)
Court
Tax Court
Case number
13512
Judges
FHD van Oosten, S Makda, GC Koffman
The Tax Court held that interest-free intra-group loans were not deemed dividends subject to STC, applied the section 64C(4)(bA) exemption, and set aside the assessments.
Commissioner for the South African Revenue Service v Van Kets (13446/2011) [2011] ZAWCHC 435; 2012 (3) SA 399 (WCC); [2012] 2 All SA 413 (WCC); 74 SATC 9 (22 November 2011)
Court
Western Cape High Court, Cape Town
Case number
13446/2011
Judge
D M Davis
The High Court held that South Africa’s Australia tax treaty allows SARS to compel information from a South African resident for treaty-based exchange of information.
Commissioner for the South African Revenue Service v Airworld CC and Another (672/06) [2007] ZASCA 147; [2008] 2 All SA 593 (SCA); 2008 (3) SA 335 (SCA); 70 SATC 48 (26 November 2007)
Court
Supreme Court of Appeal
Case number
672/06
Judges
Howie, Farlam, Lewis, Combrinck, Hurt
SCA case on whether discretionary trust beneficiaries were “recipients” for Secondary Tax on Companies purposes under the pre-2000 Income Tax Act.
Robin Consolidated Industries Ltd. v Commissioner for Inland Revenue (496/95) [1997] ZASCA 12; (1997 (3) SA 654 (SCA); [1997] 2 All SA 195 (A); (14 March 1997)
Court
Supreme Court of Appeal
Case number
496/95
Judges
Mahomed, Hefer, Howie, Schutz, Scott
The Supreme Court of Appeal held that Robin Consolidated Industries Limited did not carry on trade during the 1988 tax year. The two sales of goods in bond were found to be mere realisations of assets in the course of liquidation, not trading activities. The court affirmed the established interpretation of section 20(1) of the Income Tax Act, namely that assessed losses can only be carried forward if there is income from trade in the relevant year and if a new balance of assessed loss is struck each year. The court found no basis to depart from the rule in SA Bazaars v CIR, noting that the la…