Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      South Africa's midday power glut is a hidden risk for wheeling deals

      South Africa’s midday power glut is a hidden risk for wheeling deals

      15 October 2026
      Why South Africa is turning its back on 'screwdriver' car plants - Parks Tau

      Why South Africa is turning its back on ‘screwdriver’ car plants

      15 October 2026
      Nonkqubela Thathakahle Jordan-Dyani

      Why cybersecurity is now a national security issue for South Africa

      15 October 2026
      Armoured cars and cyber cover: the new executive perks in South Africa

      Armoured cars and cyber cover: the new executive perks in South Africa

      15 October 2026
      Your car's ADAS may be seeing skew

      Your car’s ADAS may be seeing skew

      15 October 2026
    • World
      AI is now holding up the world economy, says IMF

      AI is now propping up the world economy, says IMF

      12 October 2026
      SpaceX takes aim at US wireless carriers with spectrum acquisition

      Starlink is coming for your mobile operator

      9 October 2026
      The AI PC is finally here. It's just very expensive - Jensen Huang, Satya Nadella

      The AI PC is finally here. It’s just very expensive

      8 October 2026
      The memory crunch is making Samsung fabulously rich

      The memory crunch is making Samsung fabulously rich

      8 October 2026
      SpaceX to borrow $40-billion to buy Nvidia chips

      SpaceX to borrow $40-billion to buy Nvidia chips

      7 October 2026
    • In-depth

      10 days that changed the course of AI

      21 September 2026
      Meta to the AI industry: slow down without us - Mark Zuckerberg

      Meta to the AI industry: slow down without us

      16 September 2026
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
      The internet has a Strait of Hormuz problem

      The internet has a Strait of Hormuz problem

      15 July 2026
      AI boom sparks rally, frenzy and fear

      AI boom sparks rally, frenzy and fear

      11 June 2026
    • TCS
      W&W | LDV's Gerhard Moolman on electric bakkies, fleet orders and 'school fees'

      W&W | LDV’s Gerhard Moolman on electric bakkies and fleets

      9 October 2026
      TCS | Frogfoot sees bigger fibre deals coming - TechCentral Show guests Abraham van der Merwe and Shane Chorley

      TCS | Frogfoot sees bigger fibre deals coming

      8 October 2026
      Meet the CIO | Vodacom's Mohamed Sami on the agentic future

      Meet the CIO | Vodacom’s Mohamed Sami on the agentic future

      5 October 2026
      Lexi Novitske, general partner at Norrsken22, on the TechCentral Show

      TCS | Norrsken22’s Lexi Novitske on how China is winning African tech

      1 October 2026
      TCS | Dominic White and Adam Ely on AI agents going rogue

      TCS | Dominic White and Adam Ely on AI agents going rogue

      29 September 2026
    • Opinion
      When a machine can choose, who does it become? Fanie van Rooyen

      When a machine can choose, who does it become?

      9 October 2026
      Let South Africans jailbreak their way to digital sovereignty - Dirk de Vos

      Let South Africans jailbreak their way to digital sovereignty

      5 October 2026
      South Africa's next energy crisis is in the accounts department - Craig Holmes

      South Africa’s next energy crisis is in the accounts department

      29 September 2026
      The steam engine lesson AI doomsayers keep missing - Sam Clarke

      The steam engine lesson AI doomsayers keep missing

      28 September 2026
      Let South Africans jailbreak their way to digital sovereignty - Dirk de Vos

      Regulating AI: apply the laws we have first

      21 September 2026
    • Company News
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM.com
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Publishared
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • Events
    • Advertise
    TechCentralTechCentral
    Home » Opinion » Doelie Lessing » Why Sars might be wrong on crypto money

    Why Sars might be wrong on crypto money

    By Doelie Lessing19 April 2018
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    Get breaking news on WhatsApp

    Cryptocurrencies, and the substantial gains that are associated with investments in them, caught the attention and interest of the world — not least of all, the taxman. Where money abounds, tax is normally to be collected.

    The South African Revenue Service (Sars) recently issued a statement explaining its views on the tax treatment of cryptocurrencies. In summary, Sars said cryptocurrencies are not to be treated as currency for tax purposes, and that the normal tax principles should apply as if they are intangible assets.

    The reasons provided by Sars are that cryptocurrencies are not official South African tender and are also not widely used and accepted as a medium of payment or exchange.

    The Sars view, and more specifically the basis for its view, as to why cryptocurrencies are not tantamount to currency appears unscientific and potentially wrong

    If Sars is suggesting that the two reasons afforded for not treating cryptocurrencies as currency are the criteria to determine whether something qualifies as “currency” for tax purposes, no currency other than the rand will qualify as currency. Take, for instance, the US dollar: it is not official South African tender and is also not widely used and accepted in South Africa as a medium of payment or exchange. Does that make it something other than currency? Surely not.

    The Sars view, and more specifically the basis for its view, as to why cryptocurrencies are not tantamount to currency appears unscientific and potentially wrong.

    Currency is not an asset for capital gains tax purposes and, as such, not susceptible to capital gains tax upon disposal. Consequently, if cryptocurrency is currency, any capital gains upon disposal will escape the capital gains tax net. In contrast, intangible assets are, in principle, subject to CGT (or income tax).

    Special tax rules apply to foreign currency gains and losses on “exchange items”. Generally speaking, these gains are taxed or losses are deductible, on an annual basis (even if they are unrealised), except in the hands of non-trading trusts and natural persons. A unit of (foreign) currency is an “exchange item” and thus, potentially, subject to these rules. If, however, cryptocurrencies are not currency, these rules will not apply.

    Normal tax rules

    Sars said normal tax rules apply to categorise cryptocurrencies as trading stock or capital assets.

    Given the Sars preference to classify cryptocurrencies as intangible assets, and thus similar to shares in a company, a plethora of tax legislation may ensue to solve disputes about whether a cryptocurrency investment was held on capital or revenue account.

    The abundance of tax litigation on the topic of the capital or revenue nature of shares was one of the reasons for introducing safe-haven rules in terms of which profits and gains resulting from a disposal of shares are generally classified as capital if the shares were held for three years or longer.

    The author, Doelie Lessing, says existing tax framework may need to incorporate cryptocurrencies in a more specific manner in order to avoid confusion and potential unfairness

    Cryptocurrency investments generally do not produce returns. In that respect, they are different to equity investments which normally produce (or at least hold the promise of) dividend income. In many of the tax cases relating to the capital or revenue classification of proceeds on disposal of shares, the taxpayer argued that the shares were held on capital account on the basis that they formed the capital structure which produced income in the form of dividends (based on the tree and fruit scenario). A taxpayer who invested in cryptocurrency may, as a result of the absence of returns, find it hard to demonstrate that cryptocurrency was held as part of its capital structure.

    Having said that, there are numerous other criteria to take into account when determining the capital or revenue nature of an asset. The mere absence of returns should not be conclusive.

    The crypto phenomenon’s tentacles reach into many aspects of settled commercial and legal practice. Tax is no exception. Although Sars is correct that cryptocurrencies do not require a separate tax regime, the existing tax framework may need to incorporate cryptocurrencies in a more specific manner in order to avoid confusion and potential unfairness.

    • Doelie Lessing is tax director at Werksmans Attorneys
    Add TechCentral as a preferred source on GoogleFollow TechCentral on Google NewsGet breaking news on WhatsApp


    Bitcoin Doelie Lessing Sars top Werksmans Attorneys
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleWatch: Musk’s SpaceX blasts planet hunter into orbit
    Next Article Vodacom claims 80% 4G coverage

    Related Posts

    South Africa's digital ID is here - but you can't have it yet - Leon Schreiber

    South Africa’s digital ID is here – but you can’t have it yet

    1 October 2026
    Report shows big shifts in online spending in South Africa

    Report shows big shifts in online spending in South Africa

    2 September 2026
    What Revolut can and cannot take from South Africa's banks - Pambos Soteriades

    The R197-billion market the banks can’t reach

    25 August 2026
    Company News
    Paratus Zambia delivers Starlink to thousands of children in Family Legacy schools

    Paratus Zambia delivers Starlink to thousands of children in Family Legacy schools

    15 October 2026
    Data sovereignty in South Africa is not an address - Ascent Technology, Johan Lamberts

    Data sovereignty in South Africa is not an address

    15 October 2026
    AI is only as good as your asset data

    AI is only as good as your asset data

    14 October 2026
    Opinion
    When a machine can choose, who does it become? Fanie van Rooyen

    When a machine can choose, who does it become?

    9 October 2026
    Let South Africans jailbreak their way to digital sovereignty - Dirk de Vos

    Let South Africans jailbreak their way to digital sovereignty

    5 October 2026
    South Africa's next energy crisis is in the accounts department - Craig Holmes

    South Africa’s next energy crisis is in the accounts department

    29 September 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    South Africa's midday power glut is a hidden risk for wheeling deals

    South Africa’s midday power glut is a hidden risk for wheeling deals

    15 October 2026
    Why South Africa is turning its back on 'screwdriver' car plants - Parks Tau

    Why South Africa is turning its back on ‘screwdriver’ car plants

    15 October 2026
    Nonkqubela Thathakahle Jordan-Dyani

    Why cybersecurity is now a national security issue for South Africa

    15 October 2026
    Armoured cars and cyber cover: the new executive perks in South Africa

    Armoured cars and cyber cover: the new executive perks in South Africa

    15 October 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}
    🇿🇦 Sign up to the TechCentral newsletter