The Constitutional Court of South Africa decided the Capitec Bank Limited versus Commissioner for the South African Revenue Service (SARS) on 12 April 2024. The case dealt with whether a supply free of charge may constitute a taxable supply.
This case deals with the interpretation and application of section 16(3)(c) of the Value-Added Tax Act (VAT Act). Capitec Bank Limited (Capitec) applied for leave to appeal a judgment of the Supreme Court of Appeal, in which an appeal by SARS was upheld against a decision of the Tax Court in Capitec’s favour.
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