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Broadening the scope of application: tax laws reaching further into the crypto-sphere
6 August 2020 Tax & Exchange Control

Broadening the scope of application: tax laws reaching further into the crypto-sphere

The use of cryptocurrencies and other crypto assets are becoming increasingly popular, especially in an economic climate in which fiat currency exchange rates are unsteady and volatile. In the South African tax context, the authorities have previously considered, to a large extent, only the tax treatment of cryptocurrencies. To this end, the intended tax treatment of cryptocurrencies has manifested in three distinct ways.

The 2020 Draft TLAB and Draft TALAB are in! An overview and the issue of wilful conduct
6 August 2020 Tax & Exchange Control

The 2020 Draft TLAB and Draft TALAB are in! An overview and the issue of wilful conduct

On 31 July 2020, National Treasury (NT) and the South African Revenue Service (SARS) published for public comment the 2020 Draft Taxation Laws Amendment Bill (Draft TLAB), and the 2020 Draft Tax Administration Laws Amendment Bill (Draft TALAB). These draft bills deal with the legislative amendments proposed in Chapter 4 and Annexure C of the 2020 Budget Review and are separate from the COVID-19 tax bills that were published in June 2020, which dealt with the exceptional tax measures implemented to combat the effects of the pandemic.

Electronic and virtual signatures
6 August 2020 Real Estate

Electronic and virtual signatures

Nabeela Edris, Associate in the Real Estate practice joined the Shakedown show on YFM, to discuss the use of electronic and virtual signatures. She clarifies according to the Act's where, when and how you can use these signatures.

“To be or not to be?” – in what circumstances does a business transfer as a going concern?
6 August 2020 Employment

“To be or not to be?” – in what circumstances does a business transfer as a going concern?

On 4 August 2020 the Constitutional Court handed down its latest judgment in the lengthy and protracted litigation between Tasima and the Road Traffic Management Corporation (RTMC). The judgment deals primarily with whether the transfer of the Electronic National Traffic Information System (eNaTIS) constitutes a transfer of a business as a going concern in terms of section 197 of the Labour Relations Act (“the LRA”).

PART 7 | Draft Upstream Petroleum Resources Development Bill, 2019: The granting, suspension, cancellation and/or lapsing of technical co-operation permits, exploration rights and production rights
5 August 2020 Oil & Gas

PART 7 | Draft Upstream Petroleum Resources Development Bill, 2019: The granting, suspension, cancellation and/or lapsing of technical co-operation permits, exploration rights and production rights

In part seven of our series of articles on the draft Upstream Petroleum Resources Development Bill, 2019 (Petroleum Bill), we dissect inter alia the granting, suspension, cancellation and/or lapsing of technical co-operation permits, exploration rights and production rights under the Petroleum Bill. Whilst a majority of the proposed provisions relating to the granting, suspension cancellation and/or lapsing of permits and rights under the Petroleum Bill are not dissimilar to the current regulatory regime, there are several newly introduced requirements which we will be unpacking in this article.

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Broadening the scope of application: tax laws reaching further into the crypto-sphere
6 August 2020 Tax & Exchange Control

Broadening the scope of application: tax laws reaching further into the crypto-sphere

The use of cryptocurrencies and other crypto assets are becoming increasingly popular, especially in an economic climate in which fiat currency exchange rates are unsteady and volatile. In the South African tax context, the authorities have previously considered, to a large extent, only the tax treatment of cryptocurrencies. To this end, the intended tax treatment of cryptocurrencies has manifested in three distinct ways.

The 2020 Draft TLAB and Draft TALAB are in! An overview and the issue of wilful conduct
6 August 2020 Tax & Exchange Control

The 2020 Draft TLAB and Draft TALAB are in! An overview and the issue of wilful conduct

On 31 July 2020, National Treasury (NT) and the South African Revenue Service (SARS) published for public comment the 2020 Draft Taxation Laws Amendment Bill (Draft TLAB), and the 2020 Draft Tax Administration Laws Amendment Bill (Draft TALAB). These draft bills deal with the legislative amendments proposed in Chapter 4 and Annexure C of the 2020 Budget Review and are separate from the COVID-19 tax bills that were published in June 2020, which dealt with the exceptional tax measures implemented to combat the effects of the pandemic.

“To be or not to be?” – in what circumstances does a business transfer as a going concern?
6 August 2020 Employment

“To be or not to be?” – in what circumstances does a business transfer as a going concern?

On 4 August 2020 the Constitutional Court handed down its latest judgment in the lengthy and protracted litigation between Tasima and the Road Traffic Management Corporation (RTMC). The judgment deals primarily with whether the transfer of the Electronic National Traffic Information System (eNaTIS) constitutes a transfer of a business as a going concern in terms of section 197 of the Labour Relations Act (“the LRA”).

PART 7 | Draft Upstream Petroleum Resources Development Bill, 2019: The granting, suspension, cancellation and/or lapsing of technical co-operation permits, exploration rights and production rights
5 August 2020 Oil & Gas

PART 7 | Draft Upstream Petroleum Resources Development Bill, 2019: The granting, suspension, cancellation and/or lapsing of technical co-operation permits, exploration rights and production rights

In part seven of our series of articles on the draft Upstream Petroleum Resources Development Bill, 2019 (Petroleum Bill), we dissect inter alia the granting, suspension, cancellation and/or lapsing of technical co-operation permits, exploration rights and production rights under the Petroleum Bill. Whilst a majority of the proposed provisions relating to the granting, suspension cancellation and/or lapsing of permits and rights under the Petroleum Bill are not dissimilar to the current regulatory regime, there are several newly introduced requirements which we will be unpacking in this article.

Common issues to consider when purchasing a business: assets and price calculation
5 August 2020 Corporate & Commercial

Common issues to consider when purchasing a business: assets and price calculation

The sale and purchase of a business is usually more complex and comprehensive to implement than a sale and transfer of the shares in the company running the business and can take longer to complete. Other than certain tax considerations (which are not dealt with in this alert), there are myriad commercial reasons why a purchaser may wish to pursue a business acquisition rather than a share acquisition, including that the purchaser can select which assets it wishes to buy and that the purchaser need not assume any of the seller’s liabilities (unless expressly agreed otherwise and excluding employee related liabilities).

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Regulating the consequences of force majeure in your contract
20 May 2020 Corporate & Commercial

Regulating the consequences of force majeure in your contract

The emergence of Covid-19 introduced a host of governmental directives that made it impossible for some parties to meet their contractual obligations, often leaving them scrambling for their contracts to see how this has been regulated, if at all.

The question of adequate protection for essential service healthcare workers during the COVID-19 pandemic: The Labour Court analyses a trade union's complaints
14 April 2020 Employment

The question of adequate protection for essential service healthcare workers during the COVID-19 pandemic: The Labour Court analyses a trade union's complaints

On 8 April 2020, the Labour Court heard an urgent application launched by the National Education, Health and Allied Workers Union ("NEHAWU") against the Minister of Health ("the Minister"), the Minister of Employment and Labour, and the Provincial MECs for Health. This application concerned whether adequate provision of personal protective equipment ("PPE") was being made available to healthcare workers on the front line in public hospitals.

5 legal tips for start-ups
25 October 2018 Corporate & Commercial

5 legal tips for start-ups

Many highly successful start-ups are bedevilled by legal disputes, often between founders or funders, which could have been easily avoided. The story of McDonalds is one example. It was founded by brothers, Richard and Maurice McDonald, who were ultimately allegedly short-changed by Raymond Albert "Ray" Kroc, who joined the business after its establishment but took all the glory (and the money). How? Because they did not put legal agreements in place to regulate their partnership.

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Retrenchments during COVID19
20 July 2020 Employment

Retrenchments during COVID19

Employment Director Thabang Rapuleng joined Newzroom Afrika to discuss measures employees and employers can take in their risk assessing methods amidst an impending retrenchment season, as business battle the economic pressures of COVID-19.

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Electronic and virtual signatures
6 August 2020 Real Estate

Electronic and virtual signatures

Nabeela Edris, Associate in the Real Estate practice joined the Shakedown show on YFM, to discuss the use of electronic and virtual signatures. She clarifies according to the Act's where, when and how you can use these signatures.

The loss of jobs to foreign nationals
22 July 2020 Employment

The loss of jobs to foreign nationals

Sean Jamieson, Senior Associate in the Employment practice joined The Talking Point with Cathy Mohlahlana on SA FM. He discussed the loss of jobs to foreign nationals, recent unrest in the road freight industry and the balancing act with introducing regulations to ensure that there is equitable distribution of jobs.

Banked leave burdening employers
29 June 2020 Employment

Banked leave burdening employers

Asma Cachalia, Associate in the Employment practice joined Channel Africa to discuss banked leave burdening employers. She explains the importance of changing leave policies and employers encouraging employees to take statutory leave during the lockdown.