Varusha Moodaley

Senior Associate

Varusha Moodaley is a Senior Associate in our Tax & Exchange Control practice. She specialises in value-added tax (VAT) in various industries including the financial services, mining and property industries.

Varusha Moodaley

About Varusha

Varusha began her legal career as a Candidate Attorney at Edward Nathan Sonnenbergs in 2009. She was admitted as an attorney and appointed as an Associate at ENS in 2011. She joined Cliffe Dekker Hofmeyr in 2017 as a Senior Associate.

 

 

 

Areas of expertise

Experience

  • Consulting and advising various national and multi-national clients on VAT matters in various industries, including, inter alia, financial services, property and mining, and cross-border activities.
  • Attending to South African Revenue Service (SARS) disputes including the preparation and submission of objections and appeals and responding to SARS audit requests.
  • Briefing and assisting counsel with the VAT litigation of clients in the Tax Court, the High Court and the Supreme Court of Appeal.
  • Advising on African VAT legislation (specifically Lesotho, Botswana, Namibia, Zambia, and Swaziland).
  • Preparation of advance tax ruling applications and voluntary disclosure applications for submission to the SARS. VAT registrations and VAT reviews, including reconciliations of VAT returns to financial statements and supporting documentation reviews for compliance with the VAT legislation.
  • Reviewing of commercial contracts for compliance with the VAT legislation and advising on the VAT implications flowing therefrom.

Credentials

Education

  • Bachelor of Social Sciences, University of Cape Town
  • LLB, University of Cape Town
  • Admitted as an attorney of the High Court of South Africa: February 2011
  • Advance course in Value-Added Tax (NQF level 8), University of South Africa
  • Registered with the Legal Practice Council

LANGUAGES

  • English

News

Rising rates, rising resilience: Navigating the  VAT rate increase
Tax & Exchange Control

Rising rates, rising resilience: Navigating the VAT rate increase

With another value-added tax (VAT) rate increase on the horizon, businesses are once again required to navigate both the legal complexities and the operational challenges that come...

The South African Business Rescue, restructuring (turnaround) and Liquidation profession is strictly regulated by legislation. Where does tax fit in?
Corporate Debt, Turnaround & Restructuring

The South African Business Rescue, restructuring (turnaround) and Liquidation profession is strictly regulated by legislation. Where does tax fit in?

Vincent Manko, Director in the Dispute Resolution practice, Jerome Brink, Director, and Varusha Moodaley, Senior Associate in the Tax & Exchange Control practice joined Jonathan Faurie...

2024 Budget summary: VAT

2024 Budget summary: VAT

Concept clarification: Zero-rated vs exempt supplies
Tax & Exchange Control

Concept clarification: Zero-rated vs exempt supplies

“ Confused? Confusion is good. It’s an excellent place to learn something new from .” – Henna Inam Although seemingly simple, the value-added tax (VAT) concept of zero-rated supplies...

2023 Budget summary: VAT
Tax & Exchange Control

2023 Budget summary: VAT

Specific supplies in the short-term insurance industry.

VAT on the sale of mixed-use and partially tenanted buildings as going concerns: A recap
Tax & Exchange Control

VAT on the sale of mixed-use and partially tenanted buildings as going concerns: A recap

Subject to certain exemptions and exceptions, value-added tax (VAT) is levied at the standard rate of 15% on the supply of goods or services by a vendor in the course or furtherance...

Value-added tax

Value-added tax

Despite much speculation regarding another increase in the value-added tax (VAT) rate as well as the introduction of a higher VAT rate for luxury goods, the VAT rate will remain unchanged...

VAT on temporary letting of residential property by developers: The new rules
Tax & Exchange Control

VAT on temporary letting of residential property by developers: The new rules

The Taxation Laws Amendment Act 20 of 2021 will insert a new section 18D into the Value-Added Tax Act 89 of 1991 (the VAT Act) with effect from 1 April 2022. Section 18D deals with...

Binding General Ruling 57: SARS clarifies whether transfer duty is included in the calculation of notional input tax credits claimed on second hand fixed property
Tax & Exchange Control

Binding General Ruling 57: SARS clarifies whether transfer duty is included in the calculation of notional input tax credits claimed on second hand fixed property

Where fixed property is purchased by a value-added tax (VAT) vendor from a non-vendor, transfer duty is payable by the purchaser. The purchaser is entitled to a notional input tax...

Binding General Ruling 55: A further potential VAT cost to residential property developers
Tax & Exchange Control

Binding General Ruling 55: A further potential VAT cost to residential property developers

Property developers who develop residential properties for the purpose of sale, but who temporarily let such properties due to adverse market conditions until a buyer can be found,...

Value-added tax & transfer duty: Clarity or confusion?

Value-added tax & transfer duty: Clarity or confusion?

Where fixed property is purchased by a VAT vendor from a non-vendor, transfer duty is payable thereon by the purchaser. The fixed property purchased from a non-vendor is regarded as...

VAT on imported services payable by non-registered VAT vendors and goods sold in execution - the who, what and how of declarations to SARS

VAT on imported services payable by non-registered VAT vendors and goods sold in execution - the who, what and how of declarations to SARS

On 1 June 2020, the South African Revenue Service (SARS) issued an external guide titled ‘Manage Declaration for Non-Registered VAT Vendors’ (SARS Guide). The SARS Guide provides guidance...

COVID-19 VAT relief measures: Extension of time to export goods
Tax & Exchange Control

COVID-19 VAT relief measures: Extension of time to export goods

On 26 March 2020, the South African Revenue Service (SARS) issued Binding General Ruling 52 (BGR 52) in which it provides some relief to exporters who are negatively impacted by the...

The trying times of COVID-19: How does it affect South Africans’ tax obligations?
Tax & Exchange Control

The trying times of COVID-19: How does it affect South Africans’ tax obligations?

In response to the spread of the Coronavirus (COVID-19) around the world, many governments have announced and implemented measures to mitigate the adverse impact of the virus on the...

Value-added tax

Value-added tax

Despite much speculation regarding another increase in the VAT rate, it was announced that the VAT rate would remain unchanged. This is on the basis that a further increase in the...

Out-of-court settlements and VAT…don’t settle for less
Tax & Exchange Control

Out-of-court settlements and VAT…don’t settle for less

Parties to a legal dispute may often find themselves opting for an ‘out-of-court’ settlement as opposed to a protracted court battle where the outcome is uncertain and the legal costs...

Rising rates, rising resilience: Navigating the  VAT rate increase
Tax & Exchange Control

Rising rates, rising resilience: Navigating the VAT rate increase

With another value-added tax (VAT) rate increase on the horizon, businesses are once again required to navigate both the legal complexities and the operational challenges that come...

2024 Budget summary: VAT

2024 Budget summary: VAT

Concept clarification: Zero-rated vs exempt supplies
Tax & Exchange Control

Concept clarification: Zero-rated vs exempt supplies

“ Confused? Confusion is good. It’s an excellent place to learn something new from .” – Henna Inam Although seemingly simple, the value-added tax (VAT) concept of zero-rated supplies...

2023 Budget summary: VAT
Tax & Exchange Control

2023 Budget summary: VAT

Specific supplies in the short-term insurance industry.

VAT on the sale of mixed-use and partially tenanted buildings as going concerns: A recap
Tax & Exchange Control

VAT on the sale of mixed-use and partially tenanted buildings as going concerns: A recap

Subject to certain exemptions and exceptions, value-added tax (VAT) is levied at the standard rate of 15% on the supply of goods or services by a vendor in the course or furtherance...

Value-added tax

Value-added tax

Despite much speculation regarding another increase in the value-added tax (VAT) rate as well as the introduction of a higher VAT rate for luxury goods, the VAT rate will remain unchanged...

VAT on temporary letting of residential property by developers: The new rules
Tax & Exchange Control

VAT on temporary letting of residential property by developers: The new rules

The Taxation Laws Amendment Act 20 of 2021 will insert a new section 18D into the Value-Added Tax Act 89 of 1991 (the VAT Act) with effect from 1 April 2022. Section 18D deals with...

Binding General Ruling 57: SARS clarifies whether transfer duty is included in the calculation of notional input tax credits claimed on second hand fixed property
Tax & Exchange Control

Binding General Ruling 57: SARS clarifies whether transfer duty is included in the calculation of notional input tax credits claimed on second hand fixed property

Where fixed property is purchased by a value-added tax (VAT) vendor from a non-vendor, transfer duty is payable by the purchaser. The purchaser is entitled to a notional input tax...

Binding General Ruling 55: A further potential VAT cost to residential property developers
Tax & Exchange Control

Binding General Ruling 55: A further potential VAT cost to residential property developers

Property developers who develop residential properties for the purpose of sale, but who temporarily let such properties due to adverse market conditions until a buyer can be found,...

Value-added tax & transfer duty: Clarity or confusion?

Value-added tax & transfer duty: Clarity or confusion?

Where fixed property is purchased by a VAT vendor from a non-vendor, transfer duty is payable thereon by the purchaser. The fixed property purchased from a non-vendor is regarded as...

VAT on imported services payable by non-registered VAT vendors and goods sold in execution - the who, what and how of declarations to SARS

VAT on imported services payable by non-registered VAT vendors and goods sold in execution - the who, what and how of declarations to SARS

On 1 June 2020, the South African Revenue Service (SARS) issued an external guide titled ‘Manage Declaration for Non-Registered VAT Vendors’ (SARS Guide). The SARS Guide provides guidance...

COVID-19 VAT relief measures: Extension of time to export goods
Tax & Exchange Control

COVID-19 VAT relief measures: Extension of time to export goods

On 26 March 2020, the South African Revenue Service (SARS) issued Binding General Ruling 52 (BGR 52) in which it provides some relief to exporters who are negatively impacted by the...

The trying times of COVID-19: How does it affect South Africans’ tax obligations?
Tax & Exchange Control

The trying times of COVID-19: How does it affect South Africans’ tax obligations?

In response to the spread of the Coronavirus (COVID-19) around the world, many governments have announced and implemented measures to mitigate the adverse impact of the virus on the...

Value-added tax

Value-added tax

Despite much speculation regarding another increase in the VAT rate, it was announced that the VAT rate would remain unchanged. This is on the basis that a further increase in the...

Out-of-court settlements and VAT…don’t settle for less
Tax & Exchange Control

Out-of-court settlements and VAT…don’t settle for less

Parties to a legal dispute may often find themselves opting for an ‘out-of-court’ settlement as opposed to a protracted court battle where the outcome is uncertain and the legal costs...

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