ALERT REAL ESTATE ISSUE IN THIS 19 MARCH 2018

Similar documents
ALERT EXCHANGE CONTROL ISSUE IN THIS 23 FEBRUARY 2018 VAT RATE INCREASE: WHAT VAT RATE SHOULD BE CHARGED?

ALERT REAL ESTATE AND DISPUTE RESOLUTION ISSUE IN THIS 6 APRIL 2016

ALERT EXCHANGE CONTROL ISSUE IN THIS 17 NOVEMBER NO TRADE, NO DEDUCTION A JUDGMENT ABOUT SECTION 11(a) OF THE INCOME TAX ACT

ALERT DISPUTE RESOLUTION ISSUE IN THIS 22 MARCH 2018 AN UPDATE: YOUR DEBTS.WRITTEN OFF?

EMPLOYMENT ISSUE IN THIS 5 DECEMBER 2018 INCREASED MINIMUM WAGE FOR DOMESTIC WORKERS

TAX & EXCHANGE CONTROL

ALERT EXCHANGE CONTROL ISSUE IN THIS 26 JANUARY 2018 DID THE PUNISHMENT FIT THE CRIME? THE TAX COURT REDUCES AN UNDERSTATEMENT PENALTY IMPOSED BY SARS

ALERT TAX AND EXCHANGE CONTROL ISSUE IN THIS SPECIAL EDITION: VAT AND NON-EXECUTIVE DIRECTORS 19 MAY 2017

EMPLOYMENT ISSUE IN THIS 4 JUNE 2018 DROP IN THE PRESCRIBED RATE OF INTEREST THE RIGHT TO A FAIR HEARING IS A TWO-WAY STREET

BUSINESS RESCUE, RESTRUCTURING & INSOLVENCY

ALERT EXCHANGE CONTROL ISSUE IN THIS 13 NOVEMBER 2017 VAT RULINGS HOW AND WHEN TO APPLY CUSTOMS HIGHLIGHTS

ALERT COMPETITION ISSUE IN THIS 5 MARCH 2018

ALERT EXCHANGE CONTROL ISSUE IN THIS 26 OCTOBER 2018 GOOD NEWS FOR LENDERS? FURTHER PROPOSED AMENDMENTS TO THE DOUBTFUL DEBT PROVISIONS

TAX & EXCHANGE CONTROL

ALERT FINANCE & BANKING ISSUE IN THIS 15 JANUARY 2018 RECOVERING PRESCRIBED DEBTS - SECTION 126 OF THE NATIONAL CREDIT ACT

ALERT DISPUTE RESOLUTION ISSUE IN THIS 31 JANUARY 2018 INTERNATIONAL ARBITRATION: DAVOS 2018 DECONSTRUCTED: SOUTH AFRICA S SHARE IN A FRACTURED WORLD?

MINING AND MINERALS ALERT

ALERT DISPUTE RESOLUTION ISSUE IN THIS 24 JANUARY 2018 IS IT POSSIBLE THAT IN 2018 YOUR DEBTS MAY BE WRITTEN OFF? SURROGACY - TOO MUCH TO BEAR?

TAX AND EXCHANGE CONTROL ALERT

ALERT EXCHANGE CONTROL ISSUE IN THIS 24 NOVEMBER 2017 ANNOUNCEMENT OF FURTHER REVISIONS TO THE DEBT REDUCTION RULES IN THE INCOME TAX ACT

TAX & EXCHANGE CONTROL

TAX AND EXCHANGE CONTROL ALERT

ALERT EXCHANGE CONTROL ISSUE IN THIS 19 JANUARY 2018 RESIDENTIAL PROPERTY DEVELOPERS FACE CASH FLOW CRUNCH DUE TO VAT ON TEMPORARY LETTING OF UNITS

MINING & MINERALS cliffedekkerhofmeyr.com

LEGAL PARTNER FOR YOUR FUND

ALERT TAX AND EXCHANGE CONTROL ISSUE IN THIS 4 MARCH 2016

ALERT TAX ISSUE IN THIS 23 OCTOBER 2015 CHANGES TO THE INCOME TAX RETURN FOR TRUSTS

ALERT 30 MAY 2014 IN THIS ISSUE TAX

TAX AND EXCHANGE CONTROL ALERT

CORPORATE & COMMERCIAL

COMPETITION ISSUE IN THIS 8 OCTOBER 2018 THE COMPETITION LAW RISKS OF EARLY INTEGRATION PLANNING

FINANCE & BANKING ISSUE IN THIS 22 JANUARY 2019 UPDATE: NO MORE SILENT BIG SHORT POSITIONS

TAX & EXCHANGE CONTROL

ALERT MINING & MINERALS ISSUE IN THIS

ALERT DISPUTE RESOLUTION ISSUE IN THIS 8 FEBRUARY 2016 OVERVIEW OF THE DRAFT FRANCHISE INDUSTRY CODE PUBLISHED IN JANUARY 2016

ALERT FINANCE AND BANKING ISSUE IN THIS 20 FEBRUARY 2017 NEW LIMITS FOR CREDIT LIFE INSURANCE PREMIUMS

ALERT TAX ISSUE IN THIS 13 NOVEMBER 2015 OUR NEW TEAM MEMBERS TAX CONSEQUENCES OF A LIQUIDATION DISTRIBUTION FOLLOWED BY AN AMALGAMATION TRANSACTION

ALERT EXCHANGE CONTROL ISSUE IN THIS 23 MARCH 2018 DOMESTIC TREASURY MANAGEMENT COMPANIES

TAX AND EXCHANGE CONTROL ALERT

CORPORATE INVESTIGATIONS

ALERT EXCHANGE CONTROL ISSUE IN THIS 16 MARCH 2018

ALERT DISPUTE RESOLUTION ISSUE IN THIS 13 APRIL 2016

ALERT TAX ISSUE IN THIS 29 JANUARY 2016 RULING ON THIRD-PARTY BACKED SHARES PRESERVATION ORDERS - THE COURT SETS A HIGH BAR FOR SARS

FROM POWERFUL PARTNERSHIPS COME POWERFUL SOLUTIONS. Budget Pocket Guide 2018/2019 TAX & EXCHANGE CONTROL

TAX AND EXCHANGE CONTROL ALERT

ALERT TAX ISSUE IN THIS 20 NOVEMBER 2015 THE ONUS OF PROOF RULE FOR THE IMPOSITION OF UNDERSTATEMENT PENALTIES CARBON TAX IN SOUTH AFRICA

ALERT TAX ISSUE IN THIS 6 NOVEMBER 2015 INTEREST FOR PURPOSES OF WITHHOLDING TAX ON INTEREST (WTI)

ALERT DISPUTE RESOLUTION ISSUE IN THIS 1 MARCH 2017 BUSINESS RESCUE, RESTRUCTURING AND INSOLVENCY:

ALERT TAX ISSUE IN THIS 4 SEPTEMBER 2015 VOLUNTARY DISCLOSURE RELIEF TO BE WIDENED DAVIS TAX COMMITTEE: FIRST INTERIM REPORT ON MINING

TAX AND EXCHANGE CONTROL ALERT

ALERT FINANCE & BANKING ISSUE IN THIS 27 JUNE 2018

TAX AND EXCHANGE CONTROL ALERT

ALERT COMPETITION ISSUE IN THIS 30 MAY 2016

ALERT DISPUTE RESOLUTION ISSUE IN THIS 26 OCTOBER 2016 CORPORATE INVESTIGATIONS: HAVE YOU NOTICED THE GLOBAL CHANGE IN COMBATING CORRUPTION?

PRACTICE OVERVIEW ABOUT CLIFFE DEKKER HOFMEYR

MINING AND MINERALS AND INTERNATIONAL ARBITRATION

The team is described as great to work with and as one that routinely produces work of the highest calibre.

ALERT TAX AND EXCHANGE CONTROL ISSUE IN THIS 8 SEPTEMBER 2017 THE BEPS EFFECT - HAS LORD TOMLIN S FAMOUS 1936 DICTUM BECOME OBSOLETE?

DISPUTE RESOLUTION: CORPORATE INVESTIGATIONS AND EMPLOYMENT

ALERT 13 JUNE 2014 IN THIS ISSUE TAX INVITATION TO SEMINAR: TO PREF OR NOT TO PREF

ALERT TAX AND EXCHANGE CONTROL ISSUE IN THIS 8 APRIL 2016

TAX AND EXCHANGE CONTROL ALERT

BLACK ECONOMIC EMPOWERMENT ALERT

ALERT DISPUTE RESOLUTION ISSUE IN THIS 7 SEPTEMBER 2016 COMMERCIAL: INTERNATIONAL ARBITRATION:

TAX AND EXCHANGE CONTROL ALERT

TAX ALERT REGISTRATION OF AN EXTERNAL COMPANY IN THIS ISSUE 25 MAY Registration of an external company. No more exit charge? EVERYTHING MATTERS

TAX AND EXCHANGE CONTROL ALERT

ALERT DISPUTE RESOLUTION ISSUE IN THIS 21 JUNE 2017

ALERT 20 JUNE 2014 IN THIS ISSUE TAX ADMINISTRATIVE FAIRNESS IN RAISING ASSESSMENTS AND DISPUTES BEFORE THE TAX COURT

TAX AND EXCHANGE CONTROL ALERT

ALERT 02 MAY 2014 IN THIS ISSUE TAX SUCCESSIVE CORPORATE

ALERT TRUSTS AND ESTATES ISSUE IN THIS 20 JULY 2016

CONCERNS RAISED ON INTEREST DEDUCTION LIMITATION RULES

MINING & MINERALS ISSUE IN THIS 30 OCTOBER 2018 MINING COMMUNITY CONSULTATION: WHO IS THE COMMUNITY?

ALERT TAX AND EXCHANGE CONTROL ISSUE IN THIS

TAX ALERT. We have launched a new Tax website. Click here to visit the site. IN THIS ISSUE FAR REACHING DECISION BY THE TAX COURT 5 AUGUST 2011

ALERT 25 JULY 2014 IN THIS ISSUE TAX CONTRIBUTED TAX CAPITAL IN A COMPANY CONTEXT

ALERT DISPUTE RESOLUTION ISSUE IN THIS 3 OCTOBER 2018 A TENDER TO PAY DOES NOT CONSTITUTE PERFORMANCE BUT...

ALERT COMPETITION ISSUE IN THIS 13 APRIL 2016 COMPETITION COMMISSION REJECTS EXEMPTION APPLICATIONS LITTLE PIG, LITTLE PIG, LET ME IN

ALERT 7 MARCH 2014 IN THIS ISSUE TAX VALUE SHIFTING ARRANGEMENTS STILL APPLICABLE TO COMPANIES AND TRIGGERING ADVERSE TAX IMPLICATIONS

CORPORATE & COMMERCIAL

CORPORATE AND COMMERCIAL. 29 January 2014 IN THIS ISSUE

TAX AND EXCHANGE CONTROL ALERT

ALERT DISPUTE RESOLUTION ISSUE IN THIS 9 MARCH 2016 INTRICACIES OF CROSS BORDER INSOLVENCY AND ITS APPLICATION IN SOUTH AFRICAN COURTS

AFRICA PRACTICE. Abidjan, Cote d Ivoire

TAX & EXCHANGE CONTROL

TAX ALERT IN THIS ISSUE THE ANNOUNCEMENT OF THE VOLUNTARY DISCLOSURE PROGRAMME ANY QUESTIONS? COME DISCUSS THEM WITH SARS AT OUR OFFICES

TAX PRESERVATION ORDERS IN THIS ISSUE. ALERT l 17 OCTOBER 2014 PRESERVATION ORDERS SARS MUST CHOOSE ITS REMEDIES

WELCOME TO OUR SPECIAL BUDGET SUMMARY 2015 THE INFLUENCE OF THE DAVIS COMMITTEE ON THE BUDGET

ALERT DISPUTE RESOLUTION ISSUE IN THIS 27 JULY 2016 ADMINISTRATIVE AND PUBLIC LAW: CORPORATE INVESTIGATIONS:

Contents. 04 Our Firm. 05 Our Footprint in Africa. 06 Our Tax Practice. 07 Our Specialist Services. 09 Our Signature Matters.

TAX & EXCHANGE CONTROL

MATTERS COMPETITION IN THIS ISSUE TRIBUNAL RULES ON INTERLOCUTORY APPLICATION IN PIONEER FISHING CASE

ALERT DISPUTE RESOLUTION ISSUE IN THIS 5 OCTOBER 2016 INSURANCE LAW: BUSINESS RESCUE, RESTRUCTURING AND INSOLVENCY: THE REAL HEAT OF VELDFIRES

HMI'S HEALTHCARE REGULATORY FRAMEWORK DOCUMENT OF 1 DECEMBER 2017 / MEDICLINIC'S SUBMISSIONS

THE OCCUPATIONAL LUNG DISEASE FACILITATION PROCESS. Presented by John Brand 6 February 2017

ALERT EMPLOYMENT 8 SEPTEMBER 2014 THE LAST LEG: CONSTITUTIONAL COURT FINDS THAT SAPS DECISION TO NOT PROMOTE BARNARD WAS NOT UNLAWFUL IN THIS ISSUE

TAX ALERT. 26 April 2013 VOLUNTARY DISCLOSURE UNDER THE TAX ADMINISTRATION ACT IN THIS ISSUE

TAX AND EXCHANGE CONTROL ALERT

EMPLOYMENT MATTERS 14 APRIL 2014 IN THIS ISSUE SHOULD A CERTIFICATE OF OUTCOME BE REVIEWED?

Transcription:

19 MARCH 2018 REAL ESTATE ALERT IN THIS ISSUE PARLIAMENTARY PROCESS REGARDING THE PROPOSED EXPROPRIATION OF LAND WITHOUT COMPENSATION South Africans are closely monitoring the media to establish whether the Constitution will be amended to allow the expropriation of land without compensation. THE VAT RATE INCREASE AND Following the recent announcement of the increase of the Value Added Tax (VAT) rate to 15%, effective 1 April 2018, there has been much concern regarding the rate of VAT applicable to progressive supplies of goods and services such as construction activities. 1 REAL ESTATE ALERT 19 March 2018

PARLIAMENTARY PROCESS REGARDING THE PROPOSED EXPROPRIATION OF LAND WITHOUT COMPENSATION The matter has been referred to the Constitutional Review Committee, which must report back to Parliament by 30 August 2018. South Africans are closely monitoring the media to establish whether the Constitution will be amended to allow the expropriation of land without compensation. CDH will keep its clients informed of further developments, specifically in regard to public hearings and opportunities to submit comments or propose solutions. On 14 March 2018, the Cabinet met at the Tuynhuys in Cape Town to discuss this controversial amendment. Cabinet subsequently released a statement confirming that it welcomes the motion to amend the Constitution of the Republic of South Africa, 1996 to allow the expropriation of land without compensation. The matter has been referred to the Constitutional Review Committee, which must report back to Parliament by 30 August 2018. Thereafter, a series of public hearings are to be held, followed by Parliamentary committee meetings, to inform the recommendations to the National Assembly. In the interim, the Cabinet calls on all stakeholders for their input and confirmed that as a caring and people-centred government, all stakeholders will be engaged during this process. CDH will keep its clients informed of further developments, specifically in regard to public hearings and opportunities to submit comments or propose solutions. Janke Strydom and William Midgley 8 YEARS IN A ROW Cliffe Dekker Hofmeyr EMEA 2014-2017 2018 CDH has been named South Africa s number one large law firm in the PMR Africa Excellence Awards for the eighth year in a row. BAND 1 Real Estate Ranked Cliffe Dekker Hofmeyr TIER 1 Real Estate REAL ESTATE Law Firm of the Year 2 REAL ESTATE ALERT 19 March 2018

THE VAT RATE INCREASE AND The Value-Added Tax Act, draws a distinction between construction contracts in relation to the construction of new dwellings, and other construction activities. Following the recent announcement of the increase of the Value Added Tax (VAT) rate to 15%, effective 1 April 2018, there has been much concern regarding the rate of VAT applicable to progressive supplies of goods and services such as construction activities. Where construction activities (other than in relation to a dwelling) commence before, and end after 1 April 2018, the contractor is required to apportion the value of goods delivered and services performed. The Value-Added Tax Act, No 89 of 1991 (VAT Act) draws a distinction between construction contracts in relation to the construction of new dwellings, and other construction activities. The impact of the VAT increase in relation to each type of construction activity follows. Construction contracts for new dwellings concluded before 1 April 2018 Where a construction contract, in which the construction price is stated, has been concluded before 1 April 2018 for the construction of a new dwelling, the construction services will attract VAT at 14% irrespective of when the construction services are rendered or completed. A dwelling in this context means a building or structure which is used, or which is intended to be used, predominantly as the residence of a natural person. Construction contracts other than for new dwellings To the extent that construction services are performed or goods delivered before 1 April 2018, such goods or services are subject to VAT at 14%. Charges for construction services performed or goods delivered (other than in relation to a dwelling) on or after 1 April 2018 will be subject to VAT at 15%. These rules apply irrespective of when the invoice for such goods or services is issued (ie before or after 1 April 2018). Construction activities commencing before 1 April 2018 and completed after 1 April 2018 Where construction activities (other than in relation to a dwelling) commence before, and end after 1 April 2018, the contractor is required to apportion the value of goods delivered and services performed on a fair and reasonable basis between the period before 1 April 2018, and the period on or after 1 April 2018. CHAMBERS GLOBAL 2017-2018 ranked our Real Estate practice in Band 1: Real Estate. Attie Pretorius ranked by CHAMBERS GLOBAL 2017-2018 in Band 1: Real Estate. Gerhard Badenhorst ranked by CHAMBERS GLOBAL 2014-2018 in Band 1: Tax: Indirect Tax. Lucia Erasmus ranked by CHAMBERS GLOBAL 2017-2018 in Band 3: Real Estate. William Midgley ranked by CHAMBERS GLOBAL 2017-2018 in Band 2: Real Estate. 3 REAL ESTATE ALERT 19 March 2018

THE VAT RATE INCREASE AND CONTINUED The implications of the VAT rate increase can prove to be a challenge in respect of construction contracts and in the presence of any uncertainty, legal advice should be sought. The portion of the consideration payable for construction goods delivered and services performed (other than in relation to a dwelling where the contract is concluded before 1 April 2018) which is attributable to the period before 1 April 2018 will attract VAT at 14%, whereas the portion of the consideration payable for the construction goods delivered and services performed for the period on or after 1 April 2018 will attract VAT at 15%. Where a construction contract was concluded before 1 April 2018 for any construction other than a new dwelling, which stipulates VAT payable at 14%, s67(1) of the VAT Act provides the contractor with relief when VAT becomes payable at 15%. Section 67(1) entitles the contractor to recover from the recipient the additional amount of VAT that becomes payable on supplies made on or after 1 April 2018 as a result of the VAT rate increase. The contractor will, however, not be entitled to recover the additional amount payable from the recipient if the contract specifically excludes the entitlement of the contractor to recover the additional VAT amount in the event of a VAT rate increase. The implications of the VAT rate increase can prove to be a challenge in respect of construction contracts and in the presence of any uncertainty, legal advice should be sought. Gerhard Badenhorst and JD van der Merwe Best Lawyers 2018 South Africa Edition Included 53 of CDH s s across Cape Town and Johannesburg. Recognised Chris Charter as Lawyer of the Year for Competition Law (Johannesburg). Recognised Faan Coetzee as Lawyer of the Year for Employment Law (Johannesburg). Recognised Peter Hesseling as Lawyer of the Year for M&A Law (Cape Town). Recognised Terry Winstanley as Lawyer of the Year for Environmental Law (Cape Town). Named Cliffe Dekker Hofmeyr Litigation Law Firm of the Year. Named Cliffe Dekker Hofmeyr Real Estate Law Firm of the Year. 4 REAL ESTATE ALERT 19 March 2018

OUR TEAM For more information about our Real Estate practice and services, please contact: John Webber National Practice Head T +27 (0)11 562 1444 E john.webber@cdhlegal.com Andrew Heiberg Regional Practice Head T +27 (0)21 481 6317 E andrew.heiberg@cdhlegal.com Attie Pretorius T +27 (0)11 562 1101 E attie.pretorius@cdhlegal.com Daniel Fyfer T +27 (0)21 405 6084 E daniel.fyfer@cdhlegal.com Fatima Gattoo T +27 (0)11 562 1236 E fatima.gattoo@cdhlegal.com Muhammad Gattoo T +27 (0)11 562 1174 E muhammad.gattoo@cdhlegal.com Nirvana Ajoda T +27 (0)11 562 1438 E nirvana.ajodha@cdhlegal.com Joloudi Badenhorst T +27 (0)11 562 1217 E joloudi.badenhorst@cdhlegal.com Natasha Fletcher T +27 (0)11 562 1263 E natasha.fletcher@cdhlegal.com Bronwyn Brown T +27 (0)11 562 1235 E bronwyn.brown@cdhlegal.com Simone Immelman T +27 (0)21 405 6078 E simone.immelman@cdhlegal.com Robyn Geswindt T +27 (0)21 481 6382 E robyn.geswindt@cdhlegal.com Nayna Cara T +27 (0)11 562 1701 E nayna.cara@cdhlegal.com William Midgley T +27 (0)11 562 1390 E william.midgley@cdhlegal.com Palesa Matseka T +27 (0)11 562 1851 E palesa.matsheka@cdhlegal.com Mike Collins T +27 (0)21 481 6401 E mike.collins@cdhlegal.com Muriel Serfontein T +27 (0)11 562 1237 E muriel.serfontein@cdhlegal.com Aaron Mupeti T +27 (0)11 562 1016 E aaron.mupeti@cdhlegal.com Lucia Erasmus T +27 (0)11 562 1082 E lucia.erasmus@cdhlegal.com Allison Alexander Executive Consultant T +27 (0)21 481 6403 E allison.alexander@cdhlegal.com Simone Franks T +27 (0)21 670 7462 E simone.franks@cdhlegal.com Janke Strydom Senior T +27 (0)11 562 1613 E janke.strydom@cdhlegal.com Samantha Kelly Senior T +27 (0)11 562 1160 E samantha.kelly@cdhlegal.com BBBEE STATUS: LEVEL THREE CONTRIBUTOR This information is published for general information purposes and is not intended to constitute legal advice. Specialist legal advice should always be sought in relation to any particular situation. Cliffe Dekker Hofmeyr will accept no responsibility for any actions taken or not taken on the basis of this publication. JOHANNESBURG 1 Protea Place, Sandton, Johannesburg, 2196. Private Bag X40, Benmore, 2010, South Africa. Dx 154 Randburg and Dx 42 Johannesburg. T +27 (0)11 562 1000 F +27 (0)11 562 1111 E jhb@cdhlegal.com CAPE TOWN 11 Buitengracht Street, Cape Town, 8001. PO Box 695, Cape Town, 8000, South Africa. Dx 5 Cape Town. T +27 (0)21 481 6300 F +27 (0)21 481 6388 E ctn@cdhlegal.com 2018 2256/MAR REAL ESTATE cliffedekkerhofmeyr.com