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SARS Triumphs in Constitutional Court:
What the Medtronic Ruling Means for Taxpayers
The recent judgement of Commissioner for the South African Revenue Service v Medtronic International Trading S.A.R.L, handed down on 20 December 2024 ended a recent winning streak for taxpayers in the Constitutional Court. At issue was whether a taxpayer, who – in terms of section 230 of the Tax Administration Act, No. 28 of 2011 (the “TAA”) – has concluded a voluntary disclosure agreement (“VDA”) with the South African Revenue Service (“SARS”), can seek remission of interest in terms of section 39(7) of the Value-Added Tax Act, No. 89 of 1991(the “VAT Act”) where that taxpayer has agreed to pay the interest in terms of the VDA.