Primary briefing · Gazette
high impact 55355 · R. 7900 (DAR279); R. 7902; R. 7903; R. 7904 · 2026-09-11
SARS customs transfer pricing rules effective 14 September 2026; electricity environmental levy deleted retroactively
Effective from
14 Sept 2026
Government Gazette No. 55355 (Regulation Gazette No. 12047) introduces new Customs and Excise Act rules 41A.01–41A.04, creating a structured process for adjusting customs value on bills of entry where transfer pricing adjustments apply between related-party importers. Importers must disclose transfer pricing adjustments to SARS by submitting a letter of notification within the timeframe in section 41(4)(b)(ii)(bb), then file a Customs Value Adjustment Claim (CVAC) with supporting documents within 30 calendar days. Duty and VAT become payable within 14 days of the Commissioner's written acceptance of the CVAC. Separately, the gazette deletes the environmental levy on electricity (Schedule 1 Part 3B) and introduces a refund mechanism (Schedule 6 Part 4) with retrospective effect from 1 January 2026, but refunds are conditional on the licensee first applying for cancellation of its manufacturing warehouse licence with effect from that date. The gazette also contains SIU proclamations referring eThekwini Municipality security procurement and Northwest Transport Investments procurement irregularities for investigation, and trade union registration changes effective 1 September 2026.
Who is affected
Multinational importers purchasing from related partiesCustoms and excise practitionersTransfer pricing advisorsElectricity producers holding environmental levy licencesMunicipal contractors and service providers to eThekwini MunicipalityState-owned enterprises under SIU investigation What this means for practitioners
Multinational importers must immediately review transfer pricing policies and prepare compliance processes for the new rules 41A.01–41A.04 before 14 September 2026
Establish internal procedures for timely disclosure of transfer pricing adjustments to SARS and filing of CVACs within 30 calendar days of notification
Electricity producers must apply for cancellation of manufacturing warehouse licences with effect from 1 January 2026 before claiming refunds of the deleted environmental levy
Customs practitioners should update bill-of-entry procedures to accommodate the new rule 40.03 adjustment process