tax law

The Bowman Gilfillan tax practice provides thoroughly considered and legally sound transactional tax advice to local and international financial institutions, corporates and individuals. The tax practice aims to combine its commercial and tax law expertise to provide efficient tax solutions.

The Bowman Gilfillan tax practice is also fully equipped to support clients in tax disputes and aims to resolve disputes as amicably as possible without sacrificing its clients' rights.

Our tax practice is integrated within the firm's corporate offices in Johannesburg and Cape Town.

The constantly changing nature of tax law, as a result of court decisions and regular changes to South Africa's tax legislation, creates a need for specialised and professional tax advice. For this reason, over the past few years, Bowman Gilfillan has developed its tax practice through organic growth and strategic lateral hires. Today, our tax practice comprises seven experienced tax partners and a professional support team. The tax team offers both depth and breadth in respect of their tax law skills and thorough knowledge base.

The members of our tax practice regularly contribute to publications and write articles on developing tax law. We work closely with the rest of the firm to ensure that the tax aspects of any transaction are thoroughly considered and planned. We also regularly liaise with and make representations to National Treasury and the South African Revenue Service regarding legislative amendments affecting our clients, and the obtaining of tax directives.

rankings and recommendations

The International Tax Review 2009 ranks our practice as a Tier One tax practice, one of only two South African law firms to achieve this accolade for 2009.

Legal 500 2008 gives our tax practice a Second Tier ranking stating that -

"The recruitment of Wally Horak has proved an exceptional boost for Bowman Gilfillan's tax practice (giving the group a name recognised by the market), which is about to gain a further boost with the recruitment of Barry Garven from Deloitte. Highlights include advising Standard Bank on the 20% stake being purchased by ICBC and acting for Morgan Stanley on two structured trades."

Chambers and Partners 2009 ranks Wally Horak in its Band 1 of tax practitioners regarding him as being one of the top five tax practitioners in South Africa. Alan Keep is ranked in Band 2. Chambers ranks our tax practice in Band 2, making it one of the top four tax practices amongst South African law firms. Chambers states -

"The past few years have seen significant growth at this tax department, which has benefited from the firm's role on a number of significant black economic empowerment (BEE) transactions, including Tongaat Hulett's ZAR10 billion BEE deal and Pretoria Portland Cement's ZAR4 billion BEE transaction. The group is ’technically astute’ when it comes to M&A and capital market matters, and the arrival of Wally Horak has also enhanced its international tax capabilities. Working out of the Cape Town office, Horak provides ’exceptionally good and concise advice’ sources say. Alan Keep excels in managing client relationships and is noted for his expertise in M&A-related matters. He acted for Lehman Brothers Merchant Bank Fund 5 on its ZAR10 billion acquisition of a 10% interest in a South African healthcare entity. The five-partner team also wins client praise for its co-operative approach and excellent response times."

We are ranked in Tier One by The International Tax Review 2009   (A Euromoney publication).

our expertise

The Bowman Gilfillan tax law department provides quality specialised legal services in the sphere of tax law and works closely with the firm’s corporate and commercial lawyers to provide integrated commercial and tax advice. The tax team combines its commercial and tax law expertise to provide efficient tax solutions.

The constantly changing nature of the field of tax law, caused by regular changes to South Africa’s tax legislation and courts decisions creates a need for access to specialised and professional tax advice. We frequently provide tax advice to a diverse spectrum of clients, including retail and investment banks, South African and international listed and unlisted companies and high net worth individuals. We also regularly liaise with and make representations to the South African Revenue Services on issues relating to new legislation, obtaining directives and dispute resolution.

The Bowman Gilfillan tax law department offer a wide range of services. In particular, we can provide specialist advice on, inter alia:

• customs and excise;
• the tax structuring of mergers and acquisitions, capital market and other commercial transactions;
• tax structuring of black economic empowerment transactions;
• structuring of private equity funds and private equity transactions;
• exchange control;
• international tax, in-bound and out-bound investments, and cross border transactions;
• transaction taxes;
• capital gains tax;
• secondary tax on companies and the new dividend tax;
• mining tax and royalties imposed on mineral resources;
• commercial property transactions;
• structuring and restructuring of groups of companies in South Africa;
• employees’ tax and Value Added Tax (VAT);
• formation and tax registration of charitable and public benefit organisations;
• share incentive and other employee incentive schemes and related tax issues;
• assistance with South African Revenue Service audits and queries, alternative dispute resolution and tax litigation;

Bowman Gilfillan: One of South Africa’s premier tax law firms

In order to adequately comply with tax law and avoid unnecessary legal issues, it is essential to seek the advice of a professional tax lawyer. Bowman Gilfillan can help you to navigate South Africa’s tax legislation as well as assist you with any other tax law concern.

Contact us now to consult one of our experienced tax attorneys.