17 May 2022 – Tax Administration Act, 2011, and Income Tax Act, 1962
SARSTC 35448 (ADM) [2022] ZATC DBN (16 March 2022)
(a) Whether management fees claimed by Taxpayer Z in the sum of R16 million, made up of management fees excluding value-added tax are expressed in the financial accounts of Taxpayer Z as “management fees”. (b) Whether SARS was entitled to impose interest under Act 58 of 1962, and whether SARS should have remitted that interest. (c) Whether SARS was entitled to impose an understatement penalty of 125% under Act 28 of 2011. (d) Whether Taxpayer Z or SARS should pay the costs of the appeal.
