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Specialist Fields

Tax Law

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We assist businesses in all areas of Tax Law

Tax law involves advice on the application to and implications of the various types of tax, including income tax, value-added tax, capital gains tax, dividends withholding tax, donations tax, international tax and employees’ tax, in respect of transactions. 

Tax law is constantly evolving due to bi-annual changes to the legislation and court judgments in relation to the legislation. As a result, individuals and businesses need specialised and ongoing tax advice. We have specialist consultants with legal and accounting tax experience, enabling us to provide a tax service that is both legally and financially sound.

Our panel members also offer compliance work, representations on our clients’ behalf to National Treasury/SARS on legislative amendments, advice on reportable arrangements, and the submission of Advance Tax Rulings to SARS. 

Assisting taxpayers in resolving disputes with SARS is another aspect of tax law. In particular, we assist clients with the drafting of notices of objection and appeal, and advice as regards the Advance Dispute Resolution and court processes. In addition, we assist clients in negotiating and reaching favourable settlement agreements with SARS.   

We also advise on the South African exchange control implications of in- and outbound investments.

Tax law is complex and ever-changing and I enjoy assisting clients in understanding the tax implications of proposed transactions and structuring their affairs in the most tax efficient manner.

- Liesl Kruger, Caveat Panel Member

caveat legal panel attorney liesl k

Clients

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TFG logo
metropolitan logo
virgin active logo
old mutual logo
coronation logo
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bmw finance logo
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Tax Laws & Regulations

There are many acts that fall within the ambit of Tax Law including the Income Tax Act, 1962 the Value-added Tax Act, 1991 the Tax Administration Act, 2011 the Estate Duty Act, 1955 the Skills Development Levy Act, 1991 and the Transfer Duty Act, 1949.

Dispute resolution

Taxpayers are increasingly faced with audits and investigations by SARS. These queries usually lead to SARS issuing additional assessments, necessitating taxpayers to embark on the litigation process, including the submission of letters of objection or appeal, the Alternate Dispute Resolution process and, in some instances, to proceed to the courts. 

Our specialists are very experienced in this area of tax law, having assisted various clients with the processes outlined above, including a matter that proceeded to the Constitutional Court.

Income Tax

Our panel members have vast experience in all areas of income tax, including corporate tax, the structure of property transactions, employee share incentive schemes, company restructuring (including the application of the corporate rules), and the taxation of financial services (including insurance, structured products, investment and hedge fund structuring and the taxation of derivatives). 

We also advise on the income tax aspects applicable to natural persons, including the evaluation of a person’s residence status for tax purposes, acquisition and disposal of property, and emigration/immigration.

Capital gains tax

Our specialists are able to advise on all areas of capital gains tax, including the determination of the base cost of an asset and the proceeds on disposal thereof, as well as specific exclusions and rules.

International tax

We are able to assist with international structuring, whether inbound or outbound, and advise on the most efficient manner in which to structure these transactions. This includes the analysis of the relevant South African legislation, as well as the application of Double Taxation Agreements between South Africa and other jurisdictions.

Employees’ tax

Our team is well suited to advise on all areas of employees’ tax, including the determination of fringe benefits and the structuring of employment contracts.

Value-added tax

Our specialists have experience with all areas of value-added tax, including advising on the VAT implications of corporate transactions, applicable exemptions and exclusions.

FAQs

Frequently asked questions on Tax Law

There are many acts that fall within the ambit of a Tax Law including the Income Tax Act, 1962 the Value-added Tax Act, 1991 the Tax Administration Act, 2011 the Estate Duty Act, 1955 the Skills Development Levy Act, 1991 and the Transfer Duty Act, 1949.

Income tax is the main tax in South Africa and is levied on the “gross income” received by any corporate, trust or natural person. The statutory law deals with the determination of a person’s income and the applicable inclusions and exemptions. There is also a wealth of common law in the South African tax realm, with many court cases contributing to the interpretation of the South African tax legislation. 

SARS also regularly issues Interpretation Notes and Binding Private or Public Rulings that provide guidance on the interpretation of the principles of taxation.



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