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New Tax Administration Bill impacts taxpayers’ rights

October 2011 - Tax & Private Client. Legal Developments by Bowman Gilfillan .

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The Tax Administration Bill 11 of 2011 may face constitutional challenges should it be promulgated in its current form.
Betsie Strydom, tax partner at corporate law firm Bowman Gilfillan, says that the Bill:

  •  gives SARS much wider powers;
  •  impacts on taxpayers’ rights; and
  •  contains provisions that could affect taxpayers’ rights to hold a passport, to travel and to trade.

Contributed tax capital: simplicity at last!

By now, many will have heard something about contributed tax capital (CTC). A year or so hence, the concept will form part of the South African tax terrain – to the relief of tax practitioners who have had to trawl through the Income Tax Act’s (“the Act”) three-to-four page long definition of a dividend. I certainly heaved a sigh of relief when I read the Revenue Laws Amendment Bill of 2008 (“Bill”). 

SOUTH AFRICAN WITHOLDING TAX

August 2008 - Tax & Private Client. Legal Developments by Bowman Gilfillan .

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One of the questions frequently asked by foreigners who want to do business in South Africa is whether South Africa imposes withholding taxes on payments made to non-residents. The response to this is often that we only have a withholding tax on royalties. However, this is not correct and is becoming less true every year, as the South African legislator apparently realizes the benefits offered by the imposition of withholding taxes.

South African withholding tax

August 2007 - Tax & Private Client. Legal Developments by Bowman Gilfillan .

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One of the questions frequently asked by foreigners who want to do business in South Africa is whether South Africa imposes withholding taxes on payments made to non-residents. The response to this is often that we only have a withholding tax on royalties. However, this is not correct and will be even less true from 1 September 2007.

Corporate internal legal advisers and the legal professional privilege

August 2007 - Tax & Private Client. Legal Developments by Bowman Gilfillan .

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This article deals with the extent to which the legal professional privilege protects confidential communication between a company and its internal legal adviser.

National Credit Act kicks in

August 2007 - Tax & Private Client. Legal Developments by Bowman Gilfillan .

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D-Day A lot of far-reaching provisions of the National Credit Act No. 34 of 2005 ("Act") will come into operation on 1 June 2007.

The Pillars of Basel II and the Banks Amendment Bill, 2007

August 2007 - Tax & Private Client. Legal Developments by Bowman Gilfillan .

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The Banks Amendment Bill, 2007 (‘the Bill”) has been introduced to provide statutory force to the international strategic drive to further strengthen the credibility and stability of the international banking system.