TIISETSO MOTSOENENG: The VAT debate: Capitec courtroom conquest over Sars

In a landmark decision that reverberated through the corridors of finance, the Constitutional Court delivered a verdict that set a significant precedent for how VAT deductions on loan cover payments are treated.

The court decision last week, which grants Capitec Bank the right to claim a substantial R72m VAT deduction from the SA Revenue Service (Sars), is a narrative that extends far beyond the confines of the courtroom, etching its mark on the broader canvas of the country’s banking sector.

The saga began in 2017 when Sars first challenged Capitec’s deduction claim. What ensued was a protracted legal battle, akin to a strategic game of soccer, with each pass of the ball carefully calculated and fraught with implications. The zenith of this legal battle saw a decision that was as much about the intricacies of financial legislation as it was about the underlying principles of justice and fair play. It was a modern-day David versus Goliath story, where the seemingly invincible Goliath — Sars — has been sent back to the drawing board, and David — Capitec — stood tall, not only victorious but also vindicated. 

The case is not simply about a financial institution reclaiming what it deems is rightfully its own it is also about establishing a clear precedent on the interpretation of the VAT Act. It concerns the right to recover VAT on payments made under a loan cover provided free of charge on irrecoverable loans, a matter that has plagued bankers and their clients with uncertainty. The court ruling on Friday has pierced through this fog of doubt, offering clarity and, perhaps, a sigh of collective relief.   

This judgment shines a light on the intricate interplay between law and finance. For one thing, it is testament to the fortitude of our legal system and its ability to navigate the murky waters of tax legislation — a major benefit for foreign investors keen for bigger exposure in fast-growing emerging markets like SA. 

The ramifications of this ruling are extensive, potentially affecting the cost of credit, the pricing structure of banking services, and the overall operational dynamics of financial institutions. ENSafrica, the biggest law firm on the continent, considers the verdict to be of such importance that it could lead to a review of certain aspects of the VAT Act to align with the principles laid out by the court. 

As we delve deeper into the nuances of this ruling, one thing becomes unmistakably clear: the terrain of banking and taxation in SA has been altered. This is a tale that resonates with anyone vested in the financial prosperity of the country — a narrative that Business Day will pursue with fervent interest, for it strikes at the core of our economic fabric. 

“The financial impact on vendors, including input tax that has not been claimed in the past, and also whether the judgment will result in an amendment to certain provisions of the VAT Act, will become apparent as these important principles are better understood,” ENSafrica said in a note. Translation: the judgment will have a financial impact on vendors, especially regarding VAT that may not have been claimed back previously due to clouds of uncertainty that have hovered over this issue. 

In the vast mosaic of SA finance, this judgment stands out as a bold declaration that could herald changes to the tax legislation and potentially affect the pricing of credit favourably for consumers. It’s a story of triumph, of clarity, and, above all, a story of justice being served. 

• Motsoeneng is Business Day deputy editor.