41A.01
| (a) |
For purposes of this rule— |
“adjustment factor” means the percentage by which each affected line item on a bill of entry is adjusted, which percentage is determined by the following formula:
[(Total Revised Customs Value less Previous Customs Value)/ Previous Customs Value] x 100;
“adjustment period” means the accounting period to which the transfer pricing adjustment relates;
“Customs Value Adjustment Calculation spreadsheet” or “CVAC” means a spreadsheet reflecting the importer’s calculation to determine the adjustment factor to be applied in recalculating the customs value, all applicable duties and value-added tax in respect of imported goods affected by a transfer pricing adjustment, and containing the information listed in paragraph (d)(ii);
“related party” means a person contemplated in section 66(2)(a); and
“transfer pricing adjustment” in relation to the customs value of goods, means an adjustment to the price at which goods were imported into the Republic by a multinational enterprise from a related party.
| (b) |
Where in circumstances contemplated in section 41(4)(b)(ii)(aa), an exporter has effected an amendment to an invoice by issuing an amended invoice or a debit or credit note to reflect any transfer pricing adjustment, the importer must, within the timeframe referred to in section 41(4)(b)(ii)(bb) disclose the circumstances of such transfer pricing adjustment to SARS by submitting a letter of notification on the letterhead of the importer or of the importer’s duly authorised registered agent, if the importer is not located in the Republic— |
[email protected]; or
| (ii) |
by hand to any customs office. |
| (c) |
A letter referred to in paragraph (b) must indicate whether the pricing adjustment is an interim or final adjustment for the relevant financial year, and be accompanied by any relevant amended invoice or debit or credit note issued by the exporter. |
| (d) |
The importer or importer’s registered agent who submitted a letter referred to in paragraph (b) must, after obtaining the latest data in relation to all bills of entry affected by the relevant transfer pricing adjustment by contacting SARS’ department of Trade Statistics via e-mail at [email protected], submit the following documents within 30 calendar days after submission of the letter, in the manner indicated in paragraph (b)(i) or (ii): |
| (i) |
the applicable transfer pricing policy and compensation calculation, detailing how transfer prices are determined, and adjustments are to be made; |
| (ii) |
a completed Customs Value Adjustment Calculation spreadsheet (CVAC) of which a template is published on the SARS website, reflecting, subject to paragraph (e)— |
| (aa) |
the name and customs and excise client number of the importer; |
| (bb) |
the name and customs and excise client number of the importer’s registered agent, if submitted by a registered agent; |
| (cc) |
the name of supplier; |
| (dd) |
the year and month when the adjustment is effected; |
| (ee) |
the adjustment period; |
| (ff) |
the reference number of the relevant amended invoice or debit or credit note; |
| (gg) |
the local reference number (LRN) as well as the movement reference number (MRN) of all bills of entry affected by changes in customs value declared due to the relevant transfer pricing adjustments; |
| (ii) |
the original movement reference number of all bills of entry affected by changes in customs value declared due to the relevant transfer pricing adjustments; |
| (jj) |
the tariff heading of the affected goods; |
| (kk) |
the item number of the affected goods; |
| (ll) |
the value of the affected goods; |
| (mm) |
the adjustment factor percentage used to determine the adjustment to the value as reflected in the transfer pricing policy referred to in subparagraph (i); |
| (nn) |
the revised customs value of the affected goods; |
| (oo) |
the effect of the changes indicated on the customs duty and VAT in respect of the relevant bill of entry; and |
| (pp) |
a declaration by the importer or that importer’s registered agent that the particulars provided are true and correct; |
| (iii) |
signed annual financial statements for the relevant adjustment period, or the latest available signed financial statements; |
| (iv) |
the following documents or information if such documents or information are applicable to the circumstances and relate to the relevant transfer pricing adjustment: |
| (aa) |
Purchase and sale agreements; |
| (bb) |
distribution agreements with all amendments and annexures; |
| (cc) |
segmented financial data of the various business segments, in respect of all revenue, costs of sales, income and expenditure used in calculating the various business segments operating profit or loss for the relevant periods to which the transfer pricing adjustments have been applied; |
| (dd) |
royalty and licence fee agreements; and |
| (ee) |
any other relevant documentation required for purposes of validating the retrospective adjustments and assessing the impact of such adjustments on the customs value, duties and VAT payable. |
| (e) |
If, as a result of a transfer pricing adjustment, the customs value declared on a bill of entry for warehousing is affected, information relating to such bill of entry must not be included in the CVAC, and the process referred to in section 40(3)(a)(i)(A) must be followed to adjust such bill of entry. |
| (f) |
If any information or documents referred to in paragraph (d) is not available at the time of submission of the relevant documents, an importer may— |
| (ii) |
if such request is approved, submit such information within a timeframe indicated in the approval. |
| (g) |
The template of the Customs Value Adjustment Calculation spreadsheet referred to in paragraph (d)(ii) serves as guidance on how a CVAC should be prepared by an importer, who must ensure that— |
| (i) |
any information provided is complete, accurate and calculated correctly; and |
| (ii) |
the CVAC accurately reflects the relevant transfer pricing adjustments and amounts payable or refundable. |
| (h) |
An importer who has submitted a notification in terms of paragraph (b) and the documents referred to in paragraph (d)— |
| (i) |
is entitled to receive a written acknowledgement of receipt in relation to the letter of notification referred to in paragraph (b) and the documents referred to in paragraph (d); |
| (ii) |
is entitled to be informed in writing of whether the CVAC is accepted by the Commissioner, provided that such acceptance does not indemnify the importer against subsequent audit findings or any fine or penalty provided for in the Act; |
| (iii) |
must comply with any further instructions issued by the Commissioner in relation to additional relevant information to be supplied; and |
| (iv) |
must, if the adjustment is accepted, follow the process set out in— |
| (aa) |
rule 41A.02 for payment of the applicable duties and VAT; or |
| (bb) |
rule 41A.03 for claiming a refund. |
[Rule 41A.01 inserted by section 2 of Notice No. R.7900, GG55355, dated 11 September 2026 - effective 14 September 2026]
Road Traffic Management Corporation Act, 1999
