Taxforum

03/06/2026

Saffa and you used Crypto (Bitcoin) to extract assets from South Africa?

Or you sold an SA situs asset and took payment in Crypto?

FinSurv (aka Exchange Control) in a conundrum or have they just been granted the golden key to the crypto wallets?

What ever your hopes or opinion, the draft document on capital flows (replacing so called Excon Regulations) are now an extremely relevant but urgent project as we truly need a draft AD Manual to underpin amd understand the new draft capital flow regulations.

South Africa’s cryptocurrency jurisprudence has taken a dramatic turn, with two High Courts reaching opposite conclusions on the same central question: whether Bitcoin falls within the country’s exchange control framework.

In Mangundhla and Another v South African Reserve Bank and Others [2026] ZAGPJHC 579, the Johannesburg High Court ruled that Bitcoin constitutes both “money” and “capital” for the purposes of the Exchange Control Regulations. This decision upheld a SARB forfeiture order.

This stark contrast is evident in the Pretoria High Court’s decision in Standard Bank of South Africa v SARB [2025] ZAGPPHC 481. The Pretoria High Court held that cryptocurrency is neither money nor capital under the current Exchange Control Regulations.

The result is that two High Courts have reached fundamentally different conclusions on the same central question. This situation leaves taxpayers, crypto investors, exchanges, and advisors navigating conflicting authority.

Importantly, neither High Court decision has definitively settled the matter. The Standard Bank judgement remains subject to appellate scrutiny, and the Supreme Court of Appeal is expected to provide much-needed clarity. Until then, the uncertainty continues to affect various stakeholders.

The real question is no longer whether crypto is important enough to regulate. Instead, it is whether legislation drafted in 1961 (and now the new draft regulations on capital flow, which are not yet supported by a new draft Authorised Dealer (Ad) Manual) can adequately regulate a borderless digital asset that was created nearly half a century later.

Why not join me on June 24th to discuss this topic and the new draft guidance capital flow?

https://lp.constantcontactpages.com/ev/reg/x47a2ub?

05/05/2026

Important notice to South African registered taxpayers (be it as resident or tax non resident): SARS has announced the opening of the February 2026 tax return filing season. Our team is accessible in the UAE for face-to-face meetings or virtual consultations, accommodating Dubai residents who may be traveling to less humid locations. Take advantage of your travels to cooler destinations to attend to your SARS responsibilities and beat the summer heat. Situs Advisory Hugo van Zyl Bronwyn Pretorius Mathys Briers-Louw Wegkaner Cross Border Advisor

06/08/2025

Hi Hugo.I'm Ghalieb Alli. I’m reaching out from the University of Cape Town Liberty Institute about a research project exploring the perspectives and experiences of South Africans living abroad. There’s little information available about the South African diaspora, and our study aims to bridge that gap by gathering insights directly from those living outside the country.

We’ve created a short, anonymous survey (about 10 minutes) to collect these experiences and views. The findings will contribute to academic research and be shared across various platforms. Everyone who completes the survey will also receive a summary of the results.

Would you be open to sharing the survey link with your group members? I’m happy to provide any additional details if needed.
You sent
here is the link to the survey
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Your voice as a South African abroad can illuminate the untold story of our diaspora—a story rarely explored. The University of Cape Town Liberty Institute invites you to a 10-minute survey to share your unique perspective, shaping research shared widely. By participating, you consent to the colle...

29/06/2025

Taxforum and Hugo van Zyl are now part of Situs Advisory, Fiduciary and Tax Service. The www.situs360.com services cover all aspects of cross-border tax compliance, legal structuring, exchange control management, and fiduciary responsibilities. With our expertise, we provide a seamless transfer of wealth to future generations, ensuring your assets are managed responsibly and in line with your wishes. Let us help you navigate the complexities of estate planning across jurisdictions while preserving and growing your legacy. Twenty2Services [email protected]

Check back here soon for regular updates on properties. Click the videos button for other real estate related content.

27/02/2025

Don't let tax season sneak up on you! The deadline is fast approaching, so get those forms filled out ASAP. Feeling the pressure of tax season? Don't worry, you've got this! Just remember to file by the deadline to keep the IRS off your back. , USA tax resident and taxpayer may claim FTC (foreign tax credits) to reduce their SARS provisional tax. 💪 "

26/02/2025

. Did I hear you call "Come to Dubai Habibi!"? We heard your call, arriving in Dubai 12 March and staying for two weeks only, the next visit is May 2025. No, it is not . It's time to catch up with all the clients.

13/02/2025

Worrying

Read through the detailed list of the SONA promises President Ramaphosa has made and the analysis of each of the promises.

31/12/2024

14/10/2024

Back on Facebook - there was some issues but now back! Mathys Briers-Louw