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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 [2010] ZAKZDHC 26

Davis v Commissioner: South African Revenue Services (14551/2009)

Davis v Commissioner: South African Revenue Services (14551/2009) [2010] ZAKZDHC 26; 2010 (5) SA 540 (KZD); 72 SATC 253 (14 July 2010)

The court held that an erroneous SARS payment linked to PAYE was recoverable as a tax-related amount under the Income Tax Act, and dismissed the interdict application.

  • Income Tax Act
  • Pay As You Earn
  • Refund Of Tax
  • Prescription Act
  • Interdict
  • Administrative Error
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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.