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  • Article

    The Liability Of Foreign Residents Doing Business In South Africa To Register For Value Added Tax Purposes

    Foreign residents doing business in South Africa often neglect to register as a value added tax ("VAT") vendor in circumstances where services are rendered to South African enterprises. The misunderstanding generally arises because the foreign resident is under the impression that it does not need to register as a vendor for VAT purposes in view of the fact that the transaction may be once-off and that it would therefore not be conducting business in South Africa on a continuous basis
    South AfricaTax
    ENS
    ENS
  • Article

    To Use Or Not Use A Tax Practitioner - Some Considerations For The Taxpayer

    The Tax Administration Act 28 of 2011 (''TA Act'') introduced certain administrative provisions governing Tax Practitioners.
    South AfricaTax
    Shepstone & Wylie
    Shepstone & Wylie
  • Article

    Transfer Pricing Documentation Requirements Clarified

    Clarificaition of the transfer pricing documentation.
    South AfricaTax
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Update On South Africa Withholding Taxes

    The Taxation Laws Amendment Bill confirms the introduction of interest withholding tax at a rate of 15% as from 1 January 2015 which applies in respect of interest that is paid or that becomes due and payable on or after that date.
    South AfricaTax
    KPMG, South Africa
    KPMG, South Africa
  • Article

    VAT Registration Process In Dire Need Of Certainty

    Value-Added tax ("VAT") is an indirect consumption based tax on goods and services in South Africa. VAT is currently levied on taxable supplies made by a vendor at a standard rate of 14%.
    South AfricaTax
    ENS
    ENS
  • Article

    Welcome Boost For Smaller Private Equity Investments

    The Venture Capital Company tax regime is regulated by section 12J of the Income Tax Act, 58 of 1962 which was first introduced 2009 in order to encourage investments into privately owned businesses.
    South AfricaTax
    ENS
    ENS
  • Article

    Carbon Tax Becomes Law On 1 June 2019

    South African President Cyril Ramaphosa has signed into law the Carbon Tax Act, 2019, which comes into effect on 1 June 2019. With the passing of the carbon tax into law, a price on carbon
    South AfricaEnergy and Natural Resources
    ENS
    ENS
  • Article

    Royalty Act Debate Continues For Coal Mining Companies

    The impact of the Mineral Petroleum Resources Royalty Act No. 28 of 2008 on coal mining companies in South Africa has been subject to substantial debate since the Royalty Act came into effect.
    South AfricaEnergy and Natural Resources
    KPMG, South Africa
    KPMG, South Africa
  • Article

    Questioning The BBBEE Commission's Approach To Public Benefit Organisations In BBBEE Ownership Structures

    A Public Benefit Organisation ("PBO") is defined in the Income Tax Act as a non‑profit company or a trust which has been incorporated, formed or established in South Africa and which has the sole...
    South AfricaGovernment, Public Sector
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Viewing The SARB's Exchange Control Revisions Through An IP Licensing Lens

    A recent scenario involved a South African company structuring an intellectual property (IP) licensing agreement with an offshore partner.
    South AfricaIntellectual Property
    Fairbridges
    Fairbridges
  • Article

    Customs Duty Relief For South African Manufactures Affected By The Recent Civil Unrest

    In response to the recent civil unrest in KwaZulu-Natal and Gauteng and the extensive damage and destruction to property, the International Trade Administration Commission of South Africa (ITAC)...
    South AfricaInternational Law
    SNG Grant Thornton
    SNG Grant Thornton
  • Article

    Can POPI And GDPR Revive Taxpayers' Right To Privacy Where The Exchange Of Tax Information Is Required?

    The CRS imposes obligations on financial institutions to exchange tax and financial information on a global level with other countries - this cross-border transfer of sensitive financial data between jurisdiction raises data privacy and protection concerns.
    South AfricaPrivacy
    Tabacks
    Tabacks
  • Article

    South Africa Budget Speech

    South Africa has a budget deficit of 3.1 % of GDP and debt on government spending alone amounting to a staggering 48% of GDP.
    South AfricaStrategy
    The Sovereign Group
    The Sovereign Group
  • Article

    South Africa's Finance Minister Delivers Mid-Term Budget Speech Amid Economic Uncertainty

    The Minister of Finance, Tito Mboweni, presented his Medium Term Budget Policy Statement ("MTBS") today, 28 October 2020.
    South AfricaTechnology
    ENS
    ENS
  • Article

    Recoupment by a Partner Pursuant to the Disposal of a Partnership Interest

    The question whether there can ever be a recoupment by a partner to the extent that he disposes of his interest in a partnership as opposed to a partnership disposing of assets, has always been contentious. In this context it was always contended by taxpayers that there cannot be a recoupment to the extent that a partner disposes of a partnership interest, even though a partnership is not a separate legal entity and income that has accrued to partners in common is deemed to have accrued to each
    South AfricaTax
    ENS
    ENS
  • Article

    Revision Of Tax Allowances In Respect Of Movies

    SARS recently published a draft legislation that will deal with tax allowances to be claimed in respect of production costs and post production costs in respect of films. Even though a film owner can still claim a film allowance in respect of production costs and post production costs once used by the film owner in the production of income, a number of principles have been restated.
    South AfricaTax
    ENS
    ENS
  • Article

    SARS Releases New Draft Comprehensive Guide To Capital Gains Tax

    SARS recently released an updated version of a comprehensive guide to capital gains tax. This guide, which is even more comprehensive than the traditional handbooks, provide not only clear examples of how to implement CGT, but a number of new thoughts are also reflected in the guide. This is surely to become one of the foremost works on CGT for a long time.
    South AfricaTax
    ENS
    ENS
  • Article

    Share Re-Purchase And Profit Extraction Transactions

    The favourable tax treatment afforded to dividends in contrast to other forms of income (including capital gains subject to capital gains tax) in terms of South African tax law
    South AfricaTax
    ENS
    ENS
  • Article

    So A Company Can Pay For Its Expenditure By Issuing Its Own Shares!

    For many years there has been a debate as to whether a company can incur a cost in relation to the acquisition of an asset or the incurral of operating expenditure, where it pays the supplier by issuing its own shares.
    South AfricaTax
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    South African Tax Court Confirms Application Of The Most Favoured Nation Clause In The South Africa / Netherlands Treaty

    In our Global Tax Alerts in February 2018 and January 2019 we discussed the Dutch Court of Appeal's decision which held that dividend distributions from Dutch entities to South African entities are effectively...
    South AfricaTax
    DLA Piper UK LLP
    DLA Piper UK LLP

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