Virusha Subban is a director in Bowman Gilfillan’s Corporate Department. Virusha is rated as a leader in Indirect Tax by International Tax Review 2012 (South Africa). The focus of her practice is Customs and Excise and International Trade within the tax practice.
Virusha’s clients range from multi-national corporations to mining companies; logistics and transport companies; clearing and forwarding agents; motor vehicle manufacturers and major retailers on all Customs related risks in the context of cross border transactions.
Virusha advises clients on how to optimally structure their business operations from a Customs duty and Excise duty perspective. Her advice is often sought on what importers’ and exporters’ rights and obligations are in terms of the Customs and Excise legislation. She conducts Customs reviews and health checks and provides training to companies that wish to avert risk from a Customs and Excise perspective.
She has also made recommendations on legislative amendments and has drafted proposed amendments. With the current overhaul of the Customs legislation in South Africa, Virusha was consulted to provide comment on the first draft Customs Bills on a confidential basis 18 months prior to release for public comment. Due to her insight in this very specialized area of tax law, she was consulted to provide training to National Treasury with regard to the new Customs legislation.
Virusha also advises on the following aspects:
• All regulatory aspects of importing and exporting
• Tariff queries
• Valuation queries
• Rules of origin
• APDP and other incentive schemes
• Detentions; seizures and liens placed by SARS
• SARS’ demands for duties; penalties; interest and forfeiture amounts
• Licensing and registration with SARS and ITAC
• Obtaining of import permits from ITAC
• Claiming of refunds and drawbacks
• Applications for reduction of import duty
• Applications for creation of rebate provisions to import goods duty free into SA
• Advice on anti-dumping, countervailing and safeguard measures
• Liaising with SARS; ITAC and DTI on the aforesaid issues
• Customs duty implications of the payment of royalties; license fees and distribution rights fees relating to imported goods
Regularly quoted in the press, Virusha has authored a column specially dedicated to Customs and Excise which featured in Business Law & Tax Review which is a monthly publication within Business Day.
Virusha has published several articles in Without Prejudice, International Law Office and various trade related magazines.
She is often quoted in Moneywebtax and Legalbrief on Customs related issues.
Virusha is a past vice-chairperson of the SAICA Customs Sub-committee.
Areas of Practice
BA LLB (University of Kwazulu - Natal)
LLM (Commercial Law) (University Of South Africa)
Post Graduate Certificate in International Tax (University of Pretoria)