Draft 2025/26 Tax Bills and Regulatory Amendments Published for Comment

Posted 18 August 2025 Written by Acts Online
Category Tax

Brought to you by SA Legal Academy: National Treasury has published the 2025 draft tax Bills and regulatory amendments for public comment, following the proposals outlined in the 2025/26 Budget.

In terms of the 18 August 2025 media statement, National Treasury has released the draft Taxation Laws Amendment Bill (TLAB), the Tax Administration Laws Amendment Bill (TALAB), and the Rates and Monetary Amounts and Amendment of Revenue Laws Bill. Stakeholders have until 12 September 2025 to submit written comments on these draft instruments.

On 4 September 2025, National Treasury issued a subsequent statement retracting the proposed definition of ‘hybrid equity instrument’ originally contained in the draft Taxation Laws Amendment Bill, 2025. The retraction was prompted by concerns that the broad wording would eliminate preference shares as a viable financing mechanism and create immediate uncertainty for current transactions, potentially delaying investments.

Value-Added Tax and National Ports Act Amendments

Draft regulatory amendments issued in terms of section 74(2) of the Value-Added Tax Act, No. 89 of 1991, aim to resolve practical difficulties regarding the domestic reverse charge. The proposed changes focus on the definitions of ‘residue’ and ‘valuable metal’ specifically within the context of gold-bearing waste. Furthermore, draft amendments to Regulation 8(2)(e)(ii) seek to include terminal operators functioning under a license issued by the port authority in terms of section 65 of the National Ports Act, No. 12 of 2005.

The following legislative instruments are currently open for consultation:

  • Draft Taxation Laws Amendment Bill;
  • Draft Tax Administration Laws Amendment Bill;
  • Draft Rates and Monetary Amounts and Amendment of Revenue Laws Bill; and
  • Draft regulatory amendments regarding the Value-Added Tax Act, No. 89 of 1991.

Once the public comment period concludes on 12 September 2025, National Treasury and the South African Revenue Service will consider the submissions before the Bills are formally tabled in Parliament for further deliberation.

Click here to download the Media Statement on Hybrid Equity Instrument retraction.

What this means for you, your business, or your clients

  • For yourself: Monitor the 12 September 2025 deadline to ensure any technical objections to the TLAB or TALAB are submitted to National Treasury for consideration.
  • For your business: Confirm that existing or planned preference share financing structures are no longer at immediate risk following the retraction of the ‘hybrid equity instrument’ definition.
  • For your clients: Advise clients involved in the gold-bearing waste sector or port terminal operations on the specific definitional changes in the VAT and National Ports Act regulations that may affect their compliance obligations.

Originally published at https://legalacademy.co.za/news/read/tax-2025-26-draft-bills-regulations-out-for-comment

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