ArticleTax In Brief | Issue 70Below, please find issue 70 of ENSafrica's tax in brief, a snapshot of the latest tax developments in South Africa.South AfricaTaxENS
ArticleTreasury Proposes New Rules Dealing With The Tax Treatment Of The Conversion Of Debt Into EquityNational Treasury has proposed the introduction of new rules for the tax treatment of conversions of debt into equity within the same group of companies. South AfricaTaxFasken
ArticleCollateral Arrangements In 2021The concept of a "collateral arrangement" was inserted into South African tax legislation and came into force on 1 January 2016. The provisions contained in the Income Tax Act, 1962 ("Act")...South AfricaTaxENS
ArticleDebt Waivers: Reduction/Cancellation Of DebtThe Taxation Laws Amendment Act, 2012, has amended the tax consequences of debt reduction transactions entered on or after 1 January 2013. South AfricaTaxKPMG, South Africa
ArticleThe Income Tax Implications Of A Return Of CapitalThe Act clearly sets out the tax implications arising in respect of a distribution by a company that constitutes a dividend.South AfricaTaxENS
ArticleTrending in Tax — March 6, 2020To the relief of many South Africans, the 2020 budget speech has gone against the grain of many speculators who anticipated VAT, corporate and income tax increases. South AfricaTaxTabacks
ArticleTax On Proceeds Received For The Disposal Of Shares - How Long Is ‘For Keeps’ These Days?Certain shares, if held for a continuous period of three years prior to disposal, are deemed to yield capital proceeds in terms of section 9C of the Income Tax Act. South AfricaTaxENS
ArticleBudget 2012 – Tax ProposalsThe Minister of Finance Mr Pravin Gordhan delivered South Africa’s much anticipated 2012 Budget speech to Parliament this afternoon. South AfricaTaxBell Dewar
ArticleOffshore Trusts: The Basic Considerations And Recent AmendmentsThe world of offshore trusts is now more dynamic than ever.South AfricaTaxENS
ArticleAnother Reminder That SARS Bears The Onus Of Proving Understatement PenaltiesIn the matter of Lance Dickson Construction CC v Commissioner for the South African Revenue Service, the High Court set aside the order of the Tax Court in favour of the South African...South AfricaTaxENS
ArticleCollateral Arrangements: A Brief HistoryThe STT Act contains various exemptions including the so-called "collateral arrangement" exemption, which came into force on 1 January 2016.South AfricaTaxENS
ArticleTax Proposals Affecting Share DisposalsSince the introduction of dividends tax in 2012, in particular the company to company exemption, taxpayers have employed a number of methods to convert taxable proceeds upon the sale of shares...South AfricaTaxPieter van der Zwan & Associates
ArticleAmendments To The Taxation Of Debt RestructuresSince 1 January 2013, section 19 of the Income Tax Act, 1962 (the "Act") and paragraph 12A of the Eighth Schedule to the Act (the "Eighth Schedule") ...South AfricaTaxENS
ArticleCourts Will Not Perform 'Linguistic Surgery' On Statutes To Obtain A Litigant's Desired InterpretationA recent Constitutional Court judgment, Thistle Trust v Commissioner for the South African Revenue Service clarified the application of the conduit principle to capital gains distributed through a multi-tiered trust structure.South AfricaTaxFasken
ArticleGetting To Grips With ScripsWe will address, in a series of articles, the South African tax considerations arising for residents and non-residents in respect of various corporate actions regarding South African listed shares.South AfricaTaxENS
ArticleThe Legal And Operational Framework For Unbundling Transactions In Accordance With Section 46 Of The Income Tax ActSection 46 of the Income Tax Act 58 of 1962 (the "ITA") provides roll-over relief where a company distributes shares it holds in another company to its own shareholders...South AfricaCorporate/Commercial LawBarnard Inc.
ArticleThe Supreme Court Of Appeal Weighs In On The Meaning Of "Bona Fide Inadvertent Error"Tax law is often difficult to interpret and frequently the South African Revenue Service ("SARS") and the Courts hold a different view to that of a taxpayer and its advisers. South AfricaTaxENS
ArticleWhich Taxes Apply To Share Loans?The ability to enter into loans over listed shares is an important part of the financial industry as it offers sellers of listed shares the ability to comply with their obligations to deliver shares under a short sale contract. South AfricaTaxENS
ArticleExternalising IP?- What Do You Need To KnowDespite challenges faced in recent years with the global pandemic as well as political and economic instability, South Africa has a booming fintech and technology industry.South AfricaCorporate/Commercial LawENS
ArticleNowhere To HideThe Convention on Mutual Administrative Assistance in Tax Matters was published in the Government Gazette. South AfricaTaxENS