Monthly Archives: June 2014

Congratulations Teboho and Kelebogile Lengau

“Hobane o dumetse ho lerato, hobane o fane ka pelo ya hao, hobane o dumetse ho tshepa, ho hlompha, ho sireletsa. Re a o lebohisa mora Lengau ka tshepo ya hore seo o se boneng ho Mmalesedi se tla kgantsha leetong la lona matsatsi ohle a maphelo a lona.”

Congratulations Teboho and Kelebogile Lengau who tied the knot on Friday, 20 June 2014.

Congratulations Teboho and Kelebogile Lengau

150 Doughnuts and 150 Newtons Cokes

Once again Newtons made a very good impression on the CTA students at the University of the Free State. We had a meet and greet session where we introduced the students to the Firm.

Leandi Rust, Karien Theunissen, Doreen Banyane and Jeanett Mosoeu made a short presentation about the Newtons Family, the variety of clients we are exposed to and our fun events ( apple awards, first year concert, blood donation drive) etc.

We also shared our CTA experiences with the students, making sure they realise that they can come out successful regardless of the obstacles they are facing in this challenging year.
We would also like to thank Dirkelien de Beer (Centre for Accounting, UFS), Thelma Crossman and Anze Pienaar (Newtons) for arranging this amazing event with the students.

3 150 Doughnuts and 150 Newtons Cokes

The validity of tax invoices: It is your responsibility

3The audits of Value-Added Tax (VAT) returns by the South African Revenue Service (SARS), have increased the focus on the validity of tax invoices for the purposes of VAT.

A VAT vendor submitting VAT returns is responsible for ensuring that all invoices included in the returns comply with the relevant legislation. If valid tax invoices cannot be provided at the time of a VAT audit, the vendor may lose up to 100% of the input tax being claimed on the invoice, even if an amended valid invoice can be provided subsequent to the audit. Furthermore, serious penalties, interest and other consequences may be imposed on the VAT vendor for errors, intentional omissions and fraud.

Section 20 of the Value-Added Tax Act, No 89 of 1991, together with the VAT404 Guide for Vendors as updated in March 2012, sets out the requirements for a valid tax invoice.

A VAT vendor must issue a tax invoice within 21 days of the supply having been made where the consideration for the supply exceeds R50, whether the purchaser has requested this or not. If the consideration for the supply is R50 or less, a tax invoice is not required. However, a document such as a till slip or sales docket indicating the VAT charged by the supplier, will be required to verify the input tax.

The requirements for tax invoices of which the consideration or taxable supply is more than R5 000 are:

  • the words “tax invoice” in a prominent place
  • name, physical address and VAT registration number of the supplier name, physical address and VAT registration number of the recipient
  • original serial number of the tax invoice
  • the date of issue of the tax invoice
  • full and proper description of the goods sold and / or services rendered
  • quantity or volume of goods and / or services supplied
  • total amount of the invoice and VAT amount in South African currency (except for certain zero-rated supplies)

The requirements for tax invoices of less than R5 000 are:

  • the words “tax invoice” in a prominent place
  • name, physical address and VAT registration number of the supplier
  • original serial number of the tax invoice
  • the date of issue of the tax invoice
  • full and proper description of the goods sold and / or services rendered
  • total amount of the invoice and VAT amount in South African currency (except for certain zero-rated supplies)

In the case of second-hand goods purchased from a non-vendor, the purchaser has to record the following information:

  • name, address and identity number of the supplier, confirmed by the person’s identity document or passport. (If the value of the supply is equal to or greater than R1 000, a copy of this document must be retained by the purchaser. If the non-vendor is a juristic person, a letterhead or similar document stating the name and registration number of the juristic person is required)
  • date of acquisition
  • quantity or volume of goods
  • description of the goods
  • total consideration paid for the supply
  • declaration by the supplier stating that the supply is not a taxable supply

If a vendor fails to deduct an input tax in respect of a particular tax period,that input tax may be deducted in a later tax period, but limited to a period of five years from the date that the particular supply was made. However, when a vendor becomes aware of an output tax not declared in the relevant period, a corrected VAT return for that specific period should be submitted.  It is not acceptable to declare the output tax in the next period and SARS may impose penalties and interest on the output VAT omitted.

This article is a general information sheet and should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your financial adviser for specific and detailed advice.

Your will and foreign assets

2Each country has its own legislation regarding inheritance and signing of wills. It would therefore be possible that your South African will does not comply with all the requirements of the country where your foreign assets are located. This may result in the non-inheritance of your foreign assets in terms of your last will and testament. It is therefore imperative that you should have two wills if you have foreign assets; one for your South African assets and one regarding your foreign assets according to the regulations of the country where these assets are located. It is always important to plan your estate carefully; should you have foreign assets, however, you must take extra care to ensure that you meet all the requirements of the relevant country’s legislation.

The aim with planning an estate is ultimately to reach your goals in the distribution of your assets and liabilities. These goals should make provision for the management of your estate during your lifetime, but also after your passing.

A further consequence of the increasing  exposure to international investments is that South Africans are also exposed to foreign fiduciary services, including wills for their foreign assets.

Whether it is truly necessary to draw up a separate foreign will or just one global will depends on the following:

  1. where your foreign assets are located;
  2. the nature of the assets and the type of products in which these assets have been invested; and
  3. who takes care of the administration of your foreign assets/investments.

Should your South African will be drawn up in Afrikaans, it may be necessary to have it translated and sealed before sending it to the foreign executor/agent. This could be time-consuming and very costly.

A separate foreign will also has other advantages: your foreign will is administered in line and simultaneously with your South African assets; an executor/agent who is familiar with the required procedures in the relevant country where your assets are located will save you time and money; and someone who draws up wills professionally within the jurisdiction of the relevant country can provide you with advice regarding the possible dangers in relation to tax accountability and hereditary succession when it comes to assets outside the borders of South Africa.

Although we would recommend drawing up a second will with reference to foreign assets, we suggest that, should there be any mention of foreign assets, your South African will must be drawn up in English and it should not pertinently refer to the fact that the document is only applicable to your South African assets.

This article is a general information sheet and should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your financial adviser for specific and detailed advice.

When it comes to strategy, size doesn’t matter

1To create a strategic roadmap for your business you don’t need heaps of wonderful resources; you only need to give up your preconceived ideas about strategy and open your mind. Sometimes the thing that holds a small business back the most is small thinking. If you believe that the size of your business is a disadvantage when it comes to strategic planning, simply because the big companies have all the financial resources and manpower to influence the market, then why start a business at all? Fortunately money or size of personnel is not what counts when you create a strategic plan – common sense is. Pedro Hernandez interviewed business experts who agreed that company size is not a strategic disadvantage, but rather something which enables you to change direction faster than the large companies. Put on your strategic-thinking hat and develop the following ideas:

Keep your enthusiasm in check

You don’t need to strategise constantly; rather make sure that you understand the market conditions and that you have attainable goals – don’t waste time on too much planning. Business author Kaihan Krippendorff suggests that you use your company’s small size to out-manoeuvre larger, slower companies by addressing challenges and options and seizing opportunities over short but regular spaces of time.

Challenge assumptions

Believing in the status quo is not part of a successful entrepreneur’s strategy. The business climate is constantly changing with the help of the Internet, social media and other mobile devices. Many companies have landed on the business rubbish dump because they could not adapt to changing times. Question everything. Krippendorff suggests that you play devil’s advocate with your new ideas, then get your team together and devise plans to make the idea viable. Ignore preconceived notions about what can or cannot work – while some business principles are a given, very few business ideas are completely useless.

Avoid myopia

Joe Fuster, senior Vice-president of global sales for SAP Cloud believes that you can build a sales strategy based on the outcome you desire. Don’t miss out on good opportunities because you are too caught up in day-to-day activities to think outside the box and re-examine your progress. Change your perspective and get your team to think in more creative, profitable ways.

Jack (or Jane) be nimble, eager and bold

The market and the needs of customers keep changing, and it’s beyond your control. What you can control, however, is how you adjust to these changes and what new plans you create. Be bold in your new approach and keep an open mind as to the unconventional ways in which to grow.

This article is a general information sheet and should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your financial adviser for specific and detailed advice.