Various proposals regarding environmental taxes

While recent presidential elections and appointments in the United States of America and Brazil breathed fresh air into the lungs of climate change denialists, in South Africa, there is still general political recognition of the negative effects of climate change. This is in line with government’s ongoing commitment to the Paris Climate Agreement, which aims to keep the increase in the global average temperature to well below 2°C above pre-industrial levels.

Excisable products

As is the case each year, government proposes an increase in duties and levies for excisable products.

Value-added tax

Following on the 2018 budget review in which the Minister increased the VAT rate to 15%, no further significant VAT amendments were announced.

Company law vs income tax law: Amalgamations now regularised

One of the amendments proposed by the Budget aims to reconcile the incongruency that exists between South African company law and South African income tax law with regards to the deregistration or liquidation of companies that are involved in amalgamation transactions.

Controlled foreign company comparable tax threshold to be decreased

The Budget noted a global downward trend in corporate taxation rates. This downward trend may lead to an unintended increase in the imputation of the net income of controlled foreign companies (CFCs) in South African shareholders’ taxable income. This is despite the fact that at the inception, the CFC may have operated in a jurisdiction with rates of tax which would have met the present threshold contained in paragraph (i) of the proviso to s9D(2A)(l) of the IT Act.

Proposed amendments regarding retirement income

Below are some of the proposed amendments raised in the Budget regarding retirement income provisions in the IT Act.

CDH wins prestigious M&A Deal Flow award 10 years in a row

Advising on 69 M&A deals, CDH accounted for 24% of market share over the 2018 review period. It is this impressive flow of deals, totalling R55 billion in value, which saw CDH recognised by DealMakers as the law firm that has advised on the most M&A deals in South Africa for the tenth consecutive year at the annual DealMakers Awards held on 19 February 2019.

CDH rankings in Chambers Global 2019

Chambers and Partners identifies and ranks the most outstanding law firms and lawyers in over 180 jurisdictions throughout the world. CDH once again featured prominently in the latest edition of Chambers Global. The 2019 rankings, released on 14 February, affirm CDH’s strength and standing in the South African market, both as leading experts and as formidable teams.

Equal pay: Comparison do’s and don’ts

A brief explanation of the role of comparators in equal pay claims.

A diver’s quandary: The role of domestic law in interpreting double taxation agreements

In the international tax law arena, agreements for the avoidance of double taxation (DTAs) are, very simply, concluded between states with a view to prevent, mitigate or discontinue the levying of tax in respect of the same income, profits or gains or tax imposed in respect of the same donation under the laws of the particular states. In addition, DTAs regulate the rendering of reciprocal assistance in the administration of and collection of taxes under the said laws of the respective states.

Sale of lease rights and lease premium

The tax treatment of lease premiums continues to be a vexing issue.

No longer all up in the air? Developments in air quality regulation over the last year

Tuesday, 12 February 2019, saw the Department of Environmental Affairs (DEA) briefing Parliament’s Environmental Committee on various issues regarding air quality management, including the state of air quality in South Africa and industry’s compliance with legislated air pollutant emission standards.

Video: Nationals Schools Moot Competition Seminar hosted by the Pro Bono and Human Rights Practice

The National Schools' Moot Court Competition (the Competition) is a nation-wide high school level moot court competition aimed at building awareness amongst learners about the Constitution, providing them with exposure to the legal profession and facilitating access to legal education. It is a joint initiative of the University of Pretoria, the Department of Basic Education, the Department of Justice and Correctional Services and the Foundation for Human Rights.

Think twice before you tweet

South Africa has walked into a veritable social media storm in the early parts of the year, with employers increasingly being placed in the difficult position of having to decide whether or not to take action against employees for their behaviour online.

Cliffe Dekker Hofmeyr scoops PMR Africa large law firm award for sixth year in a row

Cliffe Dekker Hofmeyr (CDH) has been named South Africa’s number one large law firm in the prestigious PMR Africa client research report for the sixth year in a row.

Cliffe Dekker Hofmeyr claims top spot by deal value for SA firms in Mergermarket’s M&A league tables for Africa and the Middle East

Cliffe Dekker Hofmeyr's (CDH) Mergers and Acquisition (M&A) team achieved first place by deal value for South African firms and 12th place internationally in the latest Mergermarket M&A Africa & Middle East 2015 Global League Tables. The team increased its deal value to $18.8 billion from $9.2 billion in 2014.

Cliffe Dekker Hofmeyr announces eight partner appointments in strategy to grow service offering in key client sectors

Cliffe Dekker Hofmeyr (CDH) business law firm in South Africa has made eight partner appointments to its finance and banking, employment and tax practices within the last month.

Best Lawyers 2016 in South Africa announced

The seventh edition of Best Lawyers in South Africa has been released and Cliffe Dekker Hofmeyr’s lawyers have once again featured prominently on the list. Most notably, David Thompson is the Best Lawyers’ 2015 Cape Town Mergers & Acquisitions Lawyer of the Year and Peter Hesseling is Best Lawyers’ 2015 Cape Town Corporate Lawyer of the Year.

Allan Reid elaborates about the 10th anniversary of the Mining Charter

Allan Reid, Sector Head of Mining and Minerals elaborates about the 10th anniversary of the mining charter.

Whistle blowing in SA is making South African multinational nervous

Chris Charter on new Competition Commission action against price collusion

Massmart has launched a complaint with the Competition Commission targeting Pick n Pay, Spar and Shoprite in a bid to end lease exclusivity clauses. Chris Charter, Head of our Competition practice comments.

Liquidation of various assets that are owned by former ANCYL leader, Julius Malema

There is a lot of interest in the liquidation of various assets that are owned by former ANCYL leader Julias Malema. Guests in studio are Marc Ashton, Editor of Finweek, Vincent Tadden Lending Product House at FNB Wealth and Julian Jones, National Head of the Business Rescue, Restructuring and Insolvency Sector.

The effects of Britain leaving the European Union

Bridget King, director in our Finance and Banking practice talks about the effects of Britain leaving the European Union.

Retrenchment processes by employers

Aadil Patel, director and national practice head for the Employment practice talks about ways for companies to retrench and cut costs within the right side of the law.

Employee behaviour on social media

Samiksha Singh, a Partner in the Employment practice at Cliffe Dekker Hofmeyr (CDH) provides critical insights into the employer-employee relationship; and how an employee's improper behaviour on-line may result in their employer taking action against them. Samiksha, a social media legal expert, provides a stimulating and current insight into this rapidly changing landscape and how both employers and employees need to proceed to avoid costly pitfalls.

Signing of the tax legislation into law

The Congress of South African Trade Unions (Cosatu) has criticised Jacob Zuma for signing the controversial tax legislation into law. Cosatu has threatened that this approach by government will complicate the campaign for upcoming local government elections. Interviewed is Cosatu National spokesperson, Mr Sizwe Pamla. Ruaan van Eeden, director in the Tax and Exchange Control practice, gives further perspective on this issue.

General corporate finance with regards to mergers and acquisitions

Quintin Honey talks about general corporate finance with regards to mergers and acquisitions.

Tax Law Amendment Act

The ministry of finance says that the 2015 Tax Law Amendment Act provisions relating to retirement will come into force on 1 March 2016, however the annuitization requirement for provident fund will be postponed to the 1 March 2018 but some tax experts are concerned that the delays will hit consumers in the long term. Ruaan van Eeden, director in the Tax and Exchange Control practice explains the implications of this latest development.