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Dividend-stripping and share buy-back transactions

Dividend-stripping and share buy-back transactions

by Pieter van der Zwan | Jan 7, 2018 | Corporate and business tax, General tax matters

Dividends paid by one South African company to another have been exempt from both normal tax and dividends tax since April 2012 when dividends tax came into effect. This has created opportunities for taxpayers to structure transactions where shares are disposed of in...
Revised debt restructuring tax rules

Revised debt restructuring tax rules

by Pieter van der Zwan | Nov 7, 2017 | Corporate and business tax, General tax matters

The Taxation Laws Amendment Bill (TLAB) that was published by the National Treasury on 25 October 2018 contains a revised set of rules that apply to debt restructuring transactions. This article provides a high level overview of some of the changes that will take...
Disputing understatement penalties

Disputing understatement penalties

by Pieter van der Zwan | Nov 1, 2017 | General tax matters

The Tax Administration Act (TAA) requires SARS to impose an understatement penalty (USP) in the event of an understatement. A recent tax court case (IT14247) dealt with the question whether SARS was entitled to impose such penalties in circumstances where a taxpayer...
Dividend-stripping and share buy-back transactions

Share incentive schemes: The role of trusts

by Pieter van der Zwan | Oct 4, 2017 | Corporate and business tax

Share incentive schemes are widely used as a tool to align the objectives of senior management and employees with those of a business by providing these persons with an ownership stake in the business. These schemes often involve the use of a trust to hold shares...
Investments funded by venture capital companies

Investments funded by venture capital companies

by Pieter van der Zwan | Aug 21, 2017 | Corporate and business tax

The venture capital company (VCC) tax regime was introduced in 2009. Despite the apparent benefit to investors of being able to deduct the investments made into the VCC, the incentive did not get interest in the market due to practical design concerns and narrow...
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