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demystifying adequate delivery of a Section 129 notice
14 May 2014 Finance & Banking

demystifying adequate delivery of a Section 129 notice

A few weeks ago the Constitutional Court (CC) handed down judgment in the case of Kubyana v Standard Bank of South Africa Ltd (CCT 65/13) (Kubyana) regarding the interpretation of s129(1) of the National Credit Act, No 34 of 2005 (Act). S129 of the Act deals with the required procedures to be followed by a credit provider before debt enforcement can take place. This section provides that if a consumer is in default under a credit agreement the credit provider

When is a company an operating company for tax purposes?
14 May 2014 Finance & Banking

When is a company an operating company for tax purposes?

This is an important question in the context of preference share funding in renewable energy transactions, particularly in determining whether the funding is for a qualifying purpose and therefore exempt from the clutches of s8E and 8EA of the Income Tax Act, No 58 of 1962 (Income Tax Act).

Repurchase of preference shares
9 May 2014 Tax & Exchange Control

Repurchase of preference shares

The South African Revenue Service (SARS) recently released an interesting binding class ruling (BCR 44) dealing with the tax consequences of the repurchase of certain non-redeemable, non-participating preference shares.

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Employment Matters
29 September 2010 Employment

Employment Matters

The unauthorised absence of an employee from work on its own will typically not lead to the dismissal of an employee.

Tax Alert
23 September 2010 Tax & Exchange Control

Tax Alert

The judgment of the South Gauteng High Court in Sepataka v SARS (31 August 2010) is likely to have significant...

Dispute Resolution Matters
22 September 2010 Dispute Resolution

Dispute Resolution Matters

There are many instances in practice where one is confronted with a scenario where parties have held...

Tax Alert
17 September 2010 Tax & Exchange Control

Tax Alert

Distell Limited (Distell) represented by Cliffe Dekker Hofmeyr recently won a hard fought appeal against the Commissioner...

Tax Alert
10 September 2010 Tax & Exchange Control

Tax Alert

The transfer of provisions as part of the sale of a business has always been a contentious issue.

Tax Alert
3 September 2010 Tax & Exchange Control

Tax Alert

The Voluntary Disclosure Programme (VDP) has been formulised pursuant to the Voluntary Disclosure Programme...

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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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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.