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Tax Break: South African tax for professionals

Tax Break: South African tax for professionals

Professor Pieter van der Zwan | South African Tax Specialist 96 Episodes Oct 29, 2026

Tax Break is a podcast for professionals who work with South African tax, including tax practitioners, accountants, auditors, lawyers, financial managers and CFOs. Host Professor Pieter van der Zwan, a South African chartered accountant, discusses recent tax developments, new cases, legislative changes, SARS guidance and issues from his consulting practice. Each 10–15 minute episode is designed to fit into a coffee break.

Episodes

Domestic transfer pricing: section 31 and SEZ companies
Domestic transfer pricing: section 31 and SEZ companies Oct 29, 2026 00:14:11 Does transfer pricing in South Africa still only apply to international transactions? The Taxation Laws Amendment Bill published on 21 October extends section 31 of the Income Tax Act to a domestic context for the first time, and this episode looks at where, how and why.The episode starts with the transfer pricing concept itself: why a high-taxed and a low-taxed entity in the same economic unit ha
Deducting another group company's expenses: section 11(a)
Deducting another group company's expenses: section 11(a) Oct 22, 2026 00:17:22 Can one group company deduct the operating costs of another under section 11(a) of the Income Tax Act? This episode examines a tax court judgment on a South African subsidiary of a US-listed group that paid the care and maintenance costs of a related chrome mine, Clarice Mining, and claimed those costs as a deduction.The episode sets out the facts: the chrome offtake agreement, the plant the taxpa
Remittance of percentage-based penalties: section 213 TAA
Remittance of percentage-based penalties: section 213 TAA Oct 15, 2026 00:12:04 Can a 10% late payment penalty be remitted, and on what grounds? This episode of Tax Break works through the percentage-based penalties imposed under section 213 of the Tax Administration Act (TAA) and the permutations for requesting remittance.Pieter starts with what these penalties are and where they sit in Chapter 15 of the TAA, alongside fixed amount penalties. He traces the provisions in othe
Dividend stripping and the GAAR: CGT and USPs
Dividend stripping and the GAAR: CGT and USPs Oct 8, 2026 00:15:29 Does the July 2026 tax court judgment on dividend stripping and the general anti-avoidance rule (GAAR) mean these transactions can no longer be done? This episode answers a listener's question about that case and reads it against section 22B of the Income Tax Act, paragraph 43A of the Eighth Schedule and the current understatement penalty (USP) regime.The episode starts with the facts: seven a
Interest deduction limitations: section 23M of the Income Tax Act
Interest deduction limitations: section 23M of the Income Tax Act Sep 17, 2026 00:13:09 When does section 23M of the Income Tax Act limit the interest a company can deduct on debt owed to a creditor in a controlling relationship, and why is it not just a cross-border rule? This episode of Tax Break highlights three pointers for identifying whether s 23M applies.Pieter starts with the origin of the provision in the 2013 Amendment Act alongside the OECD BEPS Action 4 work on interest d
Fixing bona fide errors on tax returns: USP risks
Fixing bona fide errors on tax returns: USP risks Sep 10, 2026 00:15:02 Understatement penalties (USP) and bona fide inadvertent errors after the amendment to section 222 of the Tax Administration Act (TAA): if you correct an error on a return that has already been assessed, has the amendment created a new risk?The request for correction function on SARS eFiling, and the objection route where an assessment has already been audited or verified, have been the standard w
Reportable arrangements: section 35 of the Tax Administration Act
Reportable arrangements: section 35 of the Tax Administration Act Sep 3, 2026 00:15:00 Reportable arrangements (RAs) under section 35 of the Tax Administration Act are often overlooked by advisors, and frequently only surface when an accountant reaches the "reportable arrangement" question on the tax return. This episode of Tax Break sets out what reportable arrangements are, where they are found in the legislation, and what to do when a transaction is reportable.Reporting
Are self-insurance premiums tax deductible? The Meiring Citrus judgment
Are self-insurance premiums tax deductible? The Meiring Citrus judgment Aug 27, 2026 00:19:17 Are self-insurance premiums deductible? In this episode of Tax Break, I discuss the deductibility aspect of the Western Cape High Court judgment in CSARS v Meiring Citrus (Pty) Ltd. I cover:The two grounds that SARS abandonedThe court’s conclusion as to whether the taxpayer actually incurred expenditureWhy I disagree with the court's position on expenditureThe court’s position on the capital n
Section 99 prescription: When can SARS reopen a tax assessment after three years? CSARS v Meiring Citrus
Section 99 prescription: When can SARS reopen a tax assessment after three years? CSARS v Meiring Citrus Aug 20, 2026 00:25:59 When does prescription protect taxpayers from SARS issuing additional assessments? Section 99 of the Tax Administration Act generally bars SARS from issuing an additional assessment more than three years after the original assessment issued by SARS. Section 99(2) lifts that bar where the tax was not assessed due to fraud, misrepresentation or non-disclosure of material facts.In this episode of Tax
2026 draft TALAB: PAYE for foreign employers with SA permanent establishments, provisional tax penalties and VDP changes
2026 draft TALAB: PAYE for foreign employers with SA permanent establishments, provisional tax penalties and VDP changes Aug 13, 2026 00:11:44 The National Treasury published the 2026 draft Tax Administration Laws Amendment Bill (draft TALAB) for public comment on 30 July 2026. In this episode, I discuss three proposed amendments with clear practical impact for South African taxpayers and their advisors, two of which are favourable to taxpayers.The topics covered:·       Employees' tax (PAYE): a proposal to narrow the withholding obl
2026 Draft Tax Bills: CFCs, dividend stripping, interest deductions, VAT on leasehold improvements
2026 Draft Tax Bills: CFCs, dividend stripping, interest deductions, VAT on leasehold improvements Aug 6, 2026 00:18:59 South Africa’s National Treasury published the 2026 draft tax law amendments for public comment on 30 July 2026. Although proposals are technical, tax practitioners and CFOs need to assess whether their businesses or clients are affected.In this episode I analyse four key proposals: the interaction between the controlled foreign company (CFC) rules and the domestic treasury management company (DTM
CSARS v Meiring Citrus: substance over form, simulation and the deductibility of insurance premiums
CSARS v Meiring Citrus: substance over form, simulation and the deductibility of insurance premiums Jul 30, 2026 00:16:36 Does the label on a contract determine its South African tax consequences? If you call an agreement a loan, are the payments deductible interest? If you call it a lease, are the outflows deductible rent? In CSARS v Meiring Citrus the Western Cape High Court considered whether premiums on a contract labelled an insurance policy were deductible.In this episode I examine the key aspects of the judgme

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