MEDTRONIC JUDGMENT: CHALLENGING THE VALUE OF THE VOLUNTARY DISCLOSURE PROGRAMME?
The recent Constitutional Court judgment handed down in South African Revenue Service v Medtronic International Trading S.A.R.L,[1] has significant implications for taxpayers navigating the South African tax compliance landscape. At its core, the decision confirmed that once an agreement in terms of the Voluntary Disclosure Programme (“VDP”) has been concluded, interest on outstanding tax liabilities […]
VDP REQUIREMENTS IRRELEVANT TO GETTING VDP RELIEF?
A taxpayer in a recent case[1] seemingly managed to get VDP relief without applying for VDP relief and possibly without even satisfying the requirements for VDP relief. If indeed that’s the case, where do taxpayers sign up for what appears to be “special treatment”? The facts, insofar relevant here and as far as can be […]
VDP: THE IRONY OF SARS’ MEDIA RELEASE OF 11 MARCH 2021
In a recent case[1] a taxpayer approached the High Court to review a decision by SARS to reject the taxpayer’s application for relief under the Voluntary Disclosure Program (VDP). SARS rejected the taxpayer’s application because, inter alia, the taxpayer’s application was not voluntary and one of the requirements for relief is that the application must […]
VDP APPLICATION REJECTED: NOW WHAT?
Most taxpayers and tax practitioners are by now familiar with the Voluntary Disclosure Program (VDP) process and the relief/incentive that the VDP offers. Since taxpayers often bargain on getting VDP relief when they apply, a rejection by SARS of the VDP application is often not well received by taxpayers. If SARS rejects a VDP application, […]