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  • 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

    Treasury Proposes New Rules Dealing With The Tax Treatment Of The Conversion Of Debt Into Equity

    National 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 AfricaTax
    Fasken
    Fasken
  • Article

    Collateral Arrangements In 2021

    The 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 AfricaTax
    ENS
    ENS
  • Article

    Debt Waivers: Reduction/Cancellation Of Debt

    The Taxation Laws Amendment Act, 2012, has amended the tax consequences of debt reduction transactions entered on or after 1 January 2013.
    South AfricaTax
    KPMG, South Africa
    KPMG, South Africa
  • Article

    The Income Tax Implications Of A Return Of Capital

    The Act clearly sets out the tax implications arising in respect of a distribution by a company that constitutes a dividend.
    South AfricaTax
    ENS
    ENS
  • Article

    Trending in Tax — March 6, 2020

    To 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 AfricaTax
    Tabacks
    Tabacks
  • Article

    Tax 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 AfricaTax
    ENS
    ENS
  • Article

    Budget 2012 – Tax Proposals

    The Minister of Finance Mr Pravin Gordhan delivered South Africa’s much anticipated 2012 Budget speech to Parliament this afternoon.
    South AfricaTax
    Bell Dewar
    Bell Dewar
  • Article

    Offshore Trusts: The Basic Considerations And Recent Amendments

    The world of offshore trusts is now more dynamic than ever.
    South AfricaTax
    ENS
    ENS
  • Article

    Another Reminder That SARS Bears The Onus Of Proving Understatement Penalties

    In 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 AfricaTax
    ENS
    ENS
  • Article

    Collateral Arrangements: A Brief History

    The STT Act contains various exemptions including the so-called "collateral arrangement" exemption, which came into force on 1 January 2016.
    South AfricaTax
    ENS
    ENS
  • Article

    Tax Proposals Affecting Share Disposals

    Since 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 AfricaTax
    Pieter van der Zwan & Associates
    Pieter van der Zwan & Associates
  • Article

    Amendments To The Taxation Of Debt Restructures

    Since 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 AfricaTax
    ENS
    ENS
  • Article

    Courts Will Not Perform 'Linguistic Surgery' On Statutes To Obtain A Litigant's Desired Interpretation

    A 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 AfricaTax
    Fasken
    Fasken
  • Article

    Getting To Grips With Scrips

    We 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 AfricaTax
    ENS
    ENS
  • Article

    The Legal And Operational Framework For Unbundling Transactions In Accordance With Section 46 Of The Income Tax Act

    Section 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 Law
    Barnard Inc.
    Barnard Inc.
  • Article

    The 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 AfricaTax
    ENS
    ENS
  • Article

    Which 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 AfricaTax
    ENS
    ENS
  • Article

    Externalising IP?- What Do You Need To Know

    Despite 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 Law
    ENS
    ENS
  • Article

    Nowhere To Hide

    The Convention on Mutual Administrative Assistance in Tax Matters was published in the Government Gazette.
    South AfricaTax
    ENS
    ENS

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