2023 Insights - 2023-04-21

Commissioner for the South African Revenue Service v Medtronic International Trading S.A.R.L [2023] ZASCA 20 (“Medtronic case”)

On 18 June 2017, Medtronic International Trading (“the Taxpayer”) concluded a Voluntary Disclosure Programme (“VDP”) with the South African Revenue Services (“SARS”) as the result of fraudulent transactions of a former employee. The capital amount of the VDP amounted to R 311, 602, 431.49 and the total interest thereon amounted to R201, 185, 012.59. After the conclusion of the VDP agreement, the Taxpayer requested a remission of interest levied on the late payment of Value Added Tax (“VAT”).