The South African Tax Court ruled that government funding is taxable when it is paid in exchange for identifiable services, regardless of the label ‘grant’. The decision focuses on commercial reality—formal agreements, deliverables, invoicing and performance oversight—rather than organisational form or public‑benefit objectives. Accounting classifications do not override VAT characterisation, underscoring the need for careful governance and early tax input.
The court ruled that if funding is paid in exchange for identifiable services that enable the department to fulfil its statutory mandate, it constitutes a taxable supply and is subject to VAT, regardless of the label ‘grant’.
The court examined formal agreements outlining deliverables, reporting obligations, performance oversight, invoicing practices, treatment of unspent funds, and strategic plans subject to funder approval.
No, the court rejected that accounting compliance determines VAT characterisation; tax law operates on its own principles of substance over form.
NGOs must assess whether their activities constitute a taxable supply and consider VAT exposure, as the court’s decision applies to any entity receiving funds in return for services.
Get VAT and indirect tax news delivered to your inbox twice a week.
No spam. Unsubscribe anytime.
Milling Middle East & Africa Magazine · about 1 hour ago
Côte d’Ivoire has introduced a 9% value‑added tax on animal feed, production inputs and related packaging, effective 17 January 2026. The measure replaces a previous exemption that applied until the end of 2025 and is part of the 2026 Finance Law tax reform. The reduced rate, chosen over the standard 18%, aims to limit the impact on the livestock sector while still bringing these goods into the VAT framework.
Lucapacioli · 2 days ago
Tunisia will require all service sector companies to submit electronic invoices via the El Fatoora platform from 1 January 2026, under Article 53 of the 2026 Finance Law. The mandate mandates TEIF XML format, qualified electronic signatures, and imposes penalties for non‑compliance. Service providers must act immediately to meet technical, procedural, and financial obligations.
Fintua · 3 days ago
From 1 January 2026, Mauritius will impose VAT on digital and electronic services supplied by non-resident providers. Foreign suppliers must register for VAT regardless of turnover, and those exceeding MUR 3 million must appoint a tax representative. The new rules also eliminate the reverse charge for VAT‑registered foreign suppliers, requiring them to charge VAT on supplies to Mauritian businesses.
NALTF · 3 days ago
On 16 January 2026, the Nigeria Revenue Service clarified that VAT on banking services has always applied to fees, commissions and service charges, not to the money transferred. The NRS confirmed that the Nigeria Tax Act does not impose new tax obligations on bank customers and urged stakeholders to rely on official channels for accurate information.
DailyNewsEgypt · 5 days ago
Egypt's tax authority announced a new facilitation package that reduces the VAT rate on medical devices to 5%, fully exempts inputs for kidney dialysis equipment, extends VAT payment suspension up to four years for industrial machinery, and exempts transit services under customs supervision. It also standardizes the 14% VAT rate on soap and industrial detergents for household use, allowing input deductions. These measures aim to support healthcare, manufacturing, and transit trade.
VatCalc · 9 days ago
Burkina Faso has officially launched a certified electronic invoicing platform, replacing its 2017 normalised invoicing regime. The system will become mandatory for affected taxpayers from 1 July 2026 after a short transition period, enabling real‑time transmission of invoice data to the tax authority.