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  • Article

    Punitive Costs Award Against Revenue

    It is not easy to obtain an order for costs in the tax court, still less to get a punitive one against the South African Revenue Service (SARS).
    South AfricaTax
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    Reciprocal Assistance In The Collection Of Taxes

    In the case Attorney-General of Canada v RJ Reynolds Tobacco Holdings Inc and Others heard in the US Supreme Court of Appeals for Second Circuit, 12 October 2001, 268 F 3d 103, the ‘revenue-rule’ principle was confirmed.
    South AfricaTax
    ENS
    ENS
  • Article

    Related Party Loans And The Arm's Length Principle

Thin capitalisation rules are specific anti-avoidance provisions, very closely related to transfer pricing as they are designed to combat the extraction of profits from South Africa.
South AfricaTax
Routledge Modise
Routledge Modise
  • Article

    Reorganisation Transactions And The Deduction Of Interest In Terms Of The New Section 23K

    Following the drastic 18-month suspension of the intra-group relief available in section 45 of the Income Tax Act 58 of 1962 ("the Act") announced on 2 June 2011 in the Draft Taxations Laws Amendment Bill, 2011.
    South AfricaTax
    ENS
    ENS
  • Article

    Reportable Arrangements – Proposed Replacement Of The Existing Notices For Purposes Of Sections 35(2) And 36(4) Of The Tax Administration Act No. 28 Of 2011

    We set out below a brief overview of the current notices issued for purposes of sections 35(2) and 36(4) of the TAA, as well as the proposed amendment thereto.
    South AfricaTax
    ENS
    ENS
  • Article

    SARB Introduces New Exchange Control Tax Compliance Requirements For Dividend Remittances To Non-residents

    On 22 October 2025, the South African Reserve Bank Financial Surveillance Department (SARB) issued Exchange Control Circular No 15/2025 (Excon Circular 15/2025) detailing amendments to section B.3...
    South AfricaTax
    Webber Wentzel
    Webber Wentzel
  • Article

    Share Conversions – Clarity On The Income Tax Consequences

    With the introduction of the new Companies Act, a number of implications arise in relation to the interpretation and application of the Income Tax Act.
    South AfricaTax
    ENS
    ENS
  • Article

    South Africa's Trade Infrastructure: A Wake-Up Call

    South Africa's ports and rail infrastructure have long played a pivotal role in regional trade, establishing the country as a key gateway into Africa. However, challenges such as inefficiencies, management issues and underinvestment have impacted their performance, highlighting the need for renewed focus and investment to remain competitive with emerging markets.
    South AfricaTax
    Andersen in South Africa
    Andersen in South Africa
  • Article

    South African DTAs: Most-Favoured-Nation Clauses Relating To Tax On Dividends

    A protocol amending the double tax agreement (DTA) between South Africa and Sweden took effect from 18 March 2012.
    South AfricaTax
    Pieter van der Zwan & Associates
    Pieter van der Zwan & Associates
  • Article

    Suspension Of Section 45 Of The Act (Recent Developments In Taxation)

    The hiatus of section of 45 of the Income Tax Act, No. 58 of 1962 (the Act) with effect from 3 June 2011 has been highlighted quite significantly in the press.
    South AfricaTax
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Tax Dispensation Extended To Holiday Homes (Recent Developments in Taxation)

    In recent years, a popular way of saving tax was for a private residence to be held by a company or trust.
    South AfricaTax
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Tax In Brief | Issue 70

    Below, please find issue 70 of ENSafrica's tax in brief, a snapshot of the latest tax developments in South Africa.
    South AfricaTax
    ENS
    ENS
  • Article

    Tax Invoices: The Address Confusion

    VAT vendors who make taxable supplies of goods or services are obliged to issue tax invoices to the recipients of such supplies within 21 days.
    South AfricaTax
    ENS
    ENS
  • Article

    The Constitutional Court Puts An End To Unfair Levies/Taxes Imposed On Indigenous Communities

    The levies/taxes at issue were imposed on indigenous communities for different reasons, including for reporting a death in a family, relocation to another village...
    South AfricaTax
    Adams & Adams
    Adams & Adams
  • Article

    The Implications For South African Residents Of The Exchange Of Information Article In DTA's Concluded By South Africa

    South Africa has entered into a number of Agreements for the Prevention of Double Taxation ("DTA’s") with other states which contain an exchange of information clause.
    South AfricaTax
    ENS
    ENS
  • Article

    The Implications For South African Residents Of The Exchange Of Information Article In DTA’s Concluded By South Africa

    South Africa has entered into a number of Agreements for the Prevention of Double Taxation ("DTA’s") with other states which contain an exchange of information clause.
    South AfricaTax
    ENS
    ENS
  • Article

    The Introduction Of Withholding Tax On Interest - When Is Interest Due And Payable?

    With effect from 1 March 2015, withholding tax on interest will be levied at a rate of 15% in respect of interest that is paid by any person to or for the benefit of any foreign person.
    South AfricaTax
    ENS
    ENS
  • Article

    The OECD Releases Discussion Draft On Financial Transactions

    The OECD invites interested parties to submit any comments on this discussion draft by 7 September 2018.
    South AfricaTax
    ENS
    ENS
  • Article

    The Significance Of South Africa Signing Multilateral Convention To Prevent BEPS In Terms Of Pension Funds

    The MLI is the result of certain of the Organisation for Economic Co-operation and Development's action points aimed at preventing base erosion and profit shifting.
    South AfricaTax
    ENS
    ENS
  • Article

    The South African Taxation Of Trusts: Recent Developments

    The Davis Tax Committee's first interim report was released in July 2015 and made various significant recommendations to the Minister of Finance regarding the taxation of trusts in South Africa.
    South AfricaTax
    ENS
    ENS
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