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Your racist comments on Facebook will get you fired!
26 March 2018 Employment

Your racist comments on Facebook will get you fired!

Your social media posts, as well your comments and likes on other people’s posts, can be liked or shared and can easily make their way to your employer. A racist comment made on social media is very serious and it is potentially accessible to hundreds, if not thousands, of other social media users. Even if the post is deleted, once it is shared or if some has taken a screen shot, it can continue circulating on social media or the internet.

Ignorance is not bliss: A recent judgment about understatement penalties and a caution to taxpayers
23 March 2018 Tax & Exchange Control

Ignorance is not bliss: A recent judgment about understatement penalties and a caution to taxpayers

In the recent matter of Mr A & XYZ CC v The Commissioner for the South African Revenue Service (Case Nos IT13725 & VAT1426, IT13727 & VAT1096), which involved four combined cases, the South African Revenue Service (SARS) issued assessments to Mr A and XYZ CC (Taxpayers) relating to income tax for the 2007 to 2012 years of assessment and Value-Added Tax (VAT) for the 2006 to 2013 periods.

Domestic treasury management companies
23 March 2018 Tax & Exchange Control

Domestic treasury management companies

In 2013, the South African government introduced the domestic treasury management company (DTMC) regime to enable South African companies, which are registered with the Financial Surveillance Department (FSD) of the South African Reserve Bank (SARB), to expand into the rest of Africa and abroad. The DTMC regime allows South African companies to establish one subsidiary as a holding company to hold African and offshore operations, without being subject to exchange control restrictions.

An update: Your debts….written off?
22 March 2018 Dispute Resolution

An update: Your debts….written off?

Our previous article on the draft National Credit Amendment Bill, 2018 was published shortly before the scheduled public hearings before the Portfolio Committee on Trade and Industry. The public hearings took place during the week of 30 January to 2 February 2018. The hearings attracted many industry role players and stakeholders: the Consumer Goods Council of South Africa, Large non-Bank Lender Association, the Black Sash, Cosatu, some individual banks, the Banking Association South Africa, National Clothing Retail Association of South Africa and Summit Finance, to name but a few.

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Key changes to preferential procurement law: Part 3
13 September 2017 Administrative & Public Law

Key changes to preferential procurement law: Part 3

The final three key changes occasioned by the 2017 Preferential Procurement Regulations (Revised Regulations) pertain to the remedial powers given to an organ of state; the replacement of the mechanism of cancelling and re-inviting tenders with the conditional preference point system; and the removal of good planning, tax clearance and declaratory provisions.

CDH’s Pro Bono practice wins an award for its work in the field of refugee law at the 2017 Annual Probono.Org Awards
13 September 2017 Pro Bono & Human Rights

CDH’s Pro Bono practice wins an award for its work in the field of refugee law at the 2017 Annual Probono.Org Awards

With the air of high society that fancy finger food and wine inevitably provides, the Social Kitchen at Hyde Park Corner’s Exclusive Books provided an unusual venue for the Annual 2017 ProBono.Org Awards. However, on the evening of 7 September amongst the name tags and high fashion, a more pervasive air of humility filled the room. It was a time to honour those who ordinarily seek not to be honoured and who, at all costs, would avoid the limelight if they could. This year, the awards celebrated those firms and pro bono lawyers who in the words of ProBono.Org “went beyond the call of duty in 2016.”

Do foreign financial services providers need to register as external companies?
13 September 2017 Corporate & Commercial

Do foreign financial services providers need to register as external companies?

The Financial Services Board (FSB) sent a letter dated 6 September 2017 to its registered foreign financial services providers (FSPs) advising them that it had come to the attention of the FSB that certain foreign FSPs conducting financial services related business in South Africa (also referred to as the Republic below in quoted legislation) are not registered as external companies in the country. According to the FSB, this registration is required in terms of s23 of the Companies Act, No 71 of 2008 (Companies Act).

Lights, camera, action! The tax exemption in respect of films
8 September 2017 Tax & Exchange Control

Lights, camera, action! The tax exemption in respect of films

“From the beginning of the production stage to the actual editing of the final film and exhibition, the industry contributes to the economy, revenue, job creation and economic activity.” The results from the economic impact modelling report for 2017, prepared by Urban-Econ Development Economists for the National Film and Video Foundation (NFVF) (NFVF Report), reveal that the film industry has had a positive economic impact on the South African economy. During the 2016/17 financial year, the film industry in South Africa had a direct impact of R4,4 billion on economic production. The NFVF Report also revealed that the operations of the film industry in South Africa raised the level of production by approximately R12,2 billion in total.

The BEPS effect - Has Lord Tomlin’s famous 1936 dictum become obsolete?
8 September 2017 Tax & Exchange Control

The BEPS effect - Has Lord Tomlin’s famous 1936 dictum become obsolete?

The last two centuries have seen courts handing down judgments wherein the House of Lords and/or the judiciary have been required to interpret the concept of tax avoidance taking into account the specific facts of each case, as well as the interpretation of what constitutes lawful tax structuring, and what does not.

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An agent's right to commission
2 January 2008 Dispute Resolution

An agent's right to commission

An agent will have a claim for commission on a sale agreement if he introduced the parties to one another, thereby being the effective cause of the sale.

Beware the bogeyman
6 November 2004 Black Economic Empowerment (BEE)

Beware the bogeyman

The macro-economic rationale that lies at the heart of black economic empowerment (BEE) is to address the...

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Johan Jacobs talks about the budget speech
16 May 2016 Trusts & Estates

Johan Jacobs talks about the budget speech

Johann Jacobs, national practice head and director in the Trust and Estates practice talks about the budget speech which was delivered by the finance minister from trusts tax perspective.

Employment tax incentives
10 March 2016 Tax & Exchange Control

Employment tax incentives

Nicole Paulsen, associate in the Tax and Exchange Control practice speaks about employment tax incentives and how it expires.