tax articles

Displaying 1 to 10 of 50

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Corporate
Security SPVS and Tax Neutrality – Does the judgment in Capstone 556 (PTY) LTD v CSARS [2014] JOL 32201(WCC) provide clarity about the tax neutrality of Security SPVS?
Wednesday, December 10, 2014 09:15:00

Despite the bad press that special purpose vehicles (“SPVs”) received during the Enron scandal, SPVs are still an everyday feature of many financial structures. SPVs are commonly used in project finance transactions and in respect of employee incentive schemes, and normally serve a specific business purpose: they are generally created to be independent, bankruptcy remote vehicles and allow the financiers in syndicated loan transactions to share the proceeds of the security provided by the borrower.
Corporate
Mining rehabilitation funds - what if they are no longer needed?
Thursday, October 16, 2014 12:27:00

Mining companies are obliged to perform environmental rehabilitation of mining sites upon the termination or premature closure, decommissioning and final closure, of mining activities. Section 37A of the Income Tax Act, 62 of 1968 (“the ITA”) serves to align tax policy with environmental regulation and regulates mining rehabilitation funds created with the sole object of applying their property for the environmental rehabilitation of mining areas.
Corporate
Mutual assistance and co-operation between the South African Revenue Service and foreign tax authorities
Monday, August 11, 2014 12:20:00

Recent international developments have made it increasingly difficult for taxpayers to hide their assets or to avoid tax and South Africa has joined the list of countries that fully comply with international standards on the transparency and exchange of taxpayers’ information. South Africa is a member of the OECD’s Global Forum on Transparency and Exchange of Information for Tax Purposes (the Global Forum) (chaired by the chief officer of legal and policy at the South African Revenue Service (SARS), Kosie Louw). The Global Forum recently conducted a peer review of 50 jurisdictions, and South Africa is one of only 18 fully compliant countries.
Corporate
Global Legal Insights - Corporate Tax
Thursday, July 24, 2014 13:11:40

The corporate tax work of the past year has been mixed. There have been a number of corporate restructuring transactions, refinancing of debt push down transactions and a number of transactions involving share repurchases by companies as a means of enabling shareholders to exit companies. We have also seen an increasing number of enquiries by the South African Revenue Service ("SARS") based on the General Anti-Avoidance Rules. As stated above, there have also been a number of transactions involving share repurchases by companies as a means of enabling shareholders to exit companies. The share repurchase became a favoured way of exiting a company, particularly for South African resident company shareholders, where the proceeds of the share repurchase were treated as a dividend for the purposes of the Income Tax Act ("ITA").
Corporate
The Tax Disputes and Litigation Review
Tuesday, March 18, 2014 09:17:00

With effect from 1 October 2012 the administration provisions of the various tax acts were moved to a new act, called the Tax Administration Act, 2012. The Tax Administration Act basically sets out the South African Revenue Service (SARS) and the taxpayer's obligations and entitlements.

The drafting of the Tax Administration Act was announced by the Minister of Finance in the 2005 Budget Review, and eventually promulgated on 4 July 2012. In terms of the law that has created SARS, (i.e., the South African Revenue Service Act) SARS's objectives include the efficient and effective collection of taxes. Tax legislation, such as the Tax Administration Act, seeks to achieve this objective.
Corporate
South Africa’s VAT changes: The impact on e-commerce
Wednesday, March 12, 2014 10:16:00

The buying and selling of services over the internet has become ubiquitous. This article provides an update on the efforts of the South African Revenue Service ('SARS') and National Treasury ('Treasury') to bring foreign e-commerce suppliers on to a level tax playing field, by requiring them to register under the Value- Added Tax Act 1991 ('the VAT Act').

In South Africa, it is usually the case that an entity selling goods or services will (i) be charged VAT (normally at a standard rate of 14%) on its inputs by its suppliers, (ii) charge VAT on its outputs to its customers, and (iii) will have to register with SARS in order to claim back the tax paid in step (i) and pay over the tax collected in step (ii).
Corporate
Transfer pricing audits put the squeeze on in Africa
Wednesday, March 12, 2014 10:03:00

The African Tax Administration Forum has identified transfer pricing as a critical issue for African tax administrations and has undertaken several initiatives to improve co-operation between the administrations to police the issue. In SA, the South African Revenue Service (SARS) has also significantly increased its focus on transfer pricing and regularly undertakes transfer pricing audits with a very capable transfer pricing team.

SARS applies the Organisation for Economic Co-operation and Development (OECD) Guidelines on Transfer Pricing to determine the appropriate transfer pricing policy for a multinational enterprise operating in SA.
Corporate
Transfer pricing a critical issue for African tax administrations
Friday, January 10, 2014 14:51:41

The African Tax Administration Forum has identified transfer pricing as a critical issue for African tax administrations and has undertaken several initiatives to improve co-operation between the administrations to police transfer pricing. In South Africa, the South African Revenue Service (SARS) has also significantly increased its focus on transfer pricing and regularly undertakes transfer pricing audits with a very capable transfer pricing team. SARS applies the Organisation for Economic Co-operation and Development (OECD) Guidelines on Transfer Pricing to determine the appropriate transfer pricing policy for a multinational enterprise operating in South Africa.
Corporate
Image Rights: It’s Time for Clarity and Certainty
Monday, November 25, 2013 15:53:00

The tax treatment of image rights is contentious in many countries, South Africa included. Lionel Messi the hero of Spanish football, recently paid €5m to the tax authorities after he had been charged with tax evasion in respect of the sale of the commercial rights to use his image, autograph and name ( “image rights”). The charges arose from the income from the sale of Messi’s image rights to offshore companies. The perceived value of image rights was also rumoured to be an important aspect of the talks surrounding Gareth Bale’s record breaking transfer from Tottenham Hotspur FC to Real Madrid. In the UK it has been reported that several football clubs in the Premier League have settled disputes with HM Revenue and Customs (*HMRC) regarding the taxation of image rights.
Corporate
The new double tax agreement between South Africa and Mauritius - What is the effect on business?
Monday, October 14, 2013 10:17:00

The news of the revised double tax agreement between South Africa and Mauritius (“the new DTA”) on Monday, 27 May, rang alarm bells for both Mauritian companies investing into South Africa as well as for South African companies expanding offshore via Mauritius. What are these changes and how will they impact on the use of Mauritian companies for investment by non-residents into South Africa, or for foreign investment by South Africans?
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In association with Bowman Gilfillan Africa GroupMember of Lex MundiMember of Employment Law Alliance