Legalities around the Expropriation Bill

Monetary claims in events of contractual breach

At the outset of a commercial transaction, contracting parties typically do not conceive of the consequences that may arise should a breach occur, and thus do not always fully consider breach provisions and potential remedies for such breaches, especially in the event of financial loss. Some of the potential remedies for breach are penalties and damages claims, and the inclusion of indemnities, all of which we consider in more detail below.

Avoiding pitfalls: The impact of deemed donations on section 42 transactions

In the dynamic world of corporate taxation, section 42 of the Income Tax Act 58 of 1962 (ITA) stands as a beacon for persons looking to restructure without immediate tax consequences. This provision provides a mechanism for tax-neutral “ asset-for-share ” transactions in terms of which a person can transfer an asset to a resident company in exchange for shares in that company without immediate tax consequences, provided certain conditions are met.

JSE Women's Day Supplement - Megan Rodgers and Vivien Chaplin

 Megan Rodgers, Head of our Oil & Gas sector, and Vivien Chaplin, Head of our Mining & Minerals sector recently appeared in the JSE Women's Day supplement.

Bringing (and keeping) home the bacon: SARS’ repatriation and collection powers affirmed

Sections 180, 184(2) and 186(3) of the Tax Administration Act 28 of 2011 (TAA) grant the South African Revenue Service (SARS) significant powers to recover tax debts from third parties responsible for a taxpayer’s failure to pay outstanding tax debts. In the recent case of Greyvensteyn v Commissioner for South African Revenue Service and Others (B2495/2023) ZAGPPHC 128, the applicant unsuccessfully challenged the constitutionality of these provisions. The High Court dismissed the application and emphasised that, while SARS’ powers and duties of recovery of taxes are not absolute, the recovery of taxes is crucial to ensure that the public benefit and public interest are served.

Fixed-term contracts and the termination of third-party service relationships

Listen to Jerome Brink and Puleng Mothabeng as they discuss mentorship and sponsorship

In this insightful interview, Puleng Mothabeng, Associate in our Tax & Exchange Control practice, sits down with Director, Jerome Brink to discuss the evolving gender dynamics within tax careers in South Africa.