Tax & Exchange Control
In the complex and highly regulated tax environment, our specialist tax lawyers and practitioners provide clear and practical business solutions.
Tax & Exchange Control
We provide tax advice on all business activities. Our services include:
- Tax training.
- Advance tax rulings.
- Voluntary disclosure programmes.
- Tax management.
- Tax dispute resolution.
- Independent tax reviews and tax due diligence.
- International tax advisory.
- Exchange control.
- Indirect tax consulting.
- Customs and excise.
- Value-added tax.
Advance Tax Rulings
To provide certainty regarding the tax treatment of proposed transactions, we compile and submit applications to the Advance Tax Ruling Unit at SARS on behalf of clients. We also liaise with SARS throughout the process
Voluntary Disclosure Programme
We compile and submit applications under the permanent Voluntary Disclosure Programme contained in the Tax Administration Act to assist clients in dealing with historical non-compliance with tax legislation.
Tax Management Advisory
We advise on tax management and governance:
- Tax governance reviews and assessments
- Chairing and serving on tax committees
- Tax risk and control identification workshops
- Tax strategy and tax policy formulation
- Outsourced tax management functions
Tax Dispute Resolution
We assist in dispute resolution for all direct and indirect taxes:
- Responding to SARS queries and liaising with SARS to efficiently and effectively resolve matters
- Management of a SARS audit process
- Drafting of objections and appeals
- Representation in alternative dispute resolution reviews
- Tax litigation with the relevant expertise in preparation for hearings of matters
- Administration and constitutional tax-related matters
Independent Tax Reviews and Tax Due Diligence
We perform comprehensive independent reviews:
- Tax due diligence reviews in respect of all direct and indirect taxes
- Income tax risk identification and assessments
- Pay As You Earn (PAYE) risk identification and assessments
- International tax risk reviews and assessments
- Capital gains tax (CGT) risk identification and assessments
International Tax Advisory
We provide advice on international transactions:
- Inbound and outbound investment
- Treatment of foreign exchange differences
- Thin capitalisation
- Transfer pricing
- Permanent establishments
- Controlled foreign companies
- Foreign tax credits
- Double taxation agreements
Exchange Control
We provide advice and assist clients in complying with exchange control rules, including those contained in the Exchange Control Regulations, 1961:
- Liaising with the authorised dealers and the Financial Surveillance Department of the South African Reserve Bank
- Obtaining approval for various inbound and outbound transactions (eg foreign share schemes, private equity funds, royalty and license agreements and foreign financial assistance)
- Regularising the ownership of unauthorised foreign assets by way of voluntary disclosure applications for exchange control relief to the Financial Surveillance Department of the SARB
Value Added Tax
We advise clients and assist in value-added tax (VAT) services:
- Advice and opinions on all aspects of VAT, including local and cross-border transactions
- Advising on the maximising of VAT recovery and cash flow planning
- Application for binding private rulings and binding class rulings
- VAT dispute resolution and litigation
- VAT accounting system reviews and advice
- VAT due diligence and compliance reviews
Mining and Environmental Taxes
- We advise and assist clients in complying with carbon tax and royalty tax legislation
- Advice regarding provisions in Income Tax Act applicable to mining in South Africa
- Advice and opinions regarding compliance with the newly introduced Carbon Tax Act, including the regulations thereto
- Advice on compliance with and application of the Mineral and Petroleum Resources Royalty Act
- Application for binding private rulings and binding class rulings
- Resolution of disputes regarding the abovementioned mining and environmental taxes
Tax Training
We can provide practical, tailor-made training in all tax areas, including:
- Tax law updates
- CGT
- VAT
- International tax
- PAYE
- Share incentive schemes
- Tax management and governance
- Corporate restructuring rules
- Taxation of insurance companies
- Carbon tax
Customs and Excise
- Assistance with tariff, valuation, origin and other customs and excise disputes
- Assistance with drawing and submission of tariff, valuation and origin determinations
- Assistance with excise and ad valorem excise disputes
- Assistance with obtaining release of goods from customs detentions and return of goods after seizure and/or forfeiture
- Assistance with interdicting customs collecting alleged revenue due
- Assistance with all customs and excise applications for registrations or licenses
- High level due diligence audits conducted to ensure correct application of the customs legislation
- Application for creation of duty free tariff headings and/or rebate items on dutiable tariff headings in terms of the International Trade Administration Act
- Training of staff in relation to customs and excise legislation, procedures and processes
- Provision of advice in relation to the above
Tax & Exchange Control Brochures
Services
Tax & Exchange Control
We provide tax advice on all business activities. Our services include:
- Tax training.
- Advance tax rulings.
- Voluntary disclosure programmes.
- Tax management.
- Tax dispute resolution.
- Independent tax reviews and tax due diligence.
- International tax advisory.
- Exchange control.
- Indirect tax consulting.
- Customs and excise.
- Value-added tax.
Advance Tax Rulings
To provide certainty regarding the tax treatment of proposed transactions, we compile and submit applications to the Advance Tax Ruling Unit at SARS on behalf of clients. We also liaise with SARS throughout the process
Voluntary Disclosure Programme
We compile and submit applications under the permanent Voluntary Disclosure Programme contained in the Tax Administration Act to assist clients in dealing with historical non-compliance with tax legislation.
Tax Management Advisory
We advise on tax management and governance:
- Tax governance reviews and assessments
- Chairing and serving on tax committees
- Tax risk and control identification workshops
- Tax strategy and tax policy formulation
- Outsourced tax management functions
Tax Dispute Resolution
We assist in dispute resolution for all direct and indirect taxes:
- Responding to SARS queries and liaising with SARS to efficiently and effectively resolve matters
- Management of a SARS audit process
- Drafting of objections and appeals
- Representation in alternative dispute resolution reviews
- Tax litigation with the relevant expertise in preparation for hearings of matters
- Administration and constitutional tax-related matters
Independent Tax Reviews and Tax Due Diligence
We perform comprehensive independent reviews:
- Tax due diligence reviews in respect of all direct and indirect taxes
- Income tax risk identification and assessments
- Pay As You Earn (PAYE) risk identification and assessments
- International tax risk reviews and assessments
- Capital gains tax (CGT) risk identification and assessments
International Tax Advisory
We provide advice on international transactions:
- Inbound and outbound investment
- Treatment of foreign exchange differences
- Thin capitalisation
- Transfer pricing
- Permanent establishments
- Controlled foreign companies
- Foreign tax credits
- Double taxation agreements
Exchange Control
We provide advice and assist clients in complying with exchange control rules, including those contained in the Exchange Control Regulations, 1961:
- Liaising with the authorised dealers and the Financial Surveillance Department of the South African Reserve Bank
- Obtaining approval for various inbound and outbound transactions (eg foreign share schemes, private equity funds, royalty and license agreements and foreign financial assistance)
- Regularising the ownership of unauthorised foreign assets by way of voluntary disclosure applications for exchange control relief to the Financial Surveillance Department of the SARB
Value Added Tax
We advise clients and assist in value-added tax (VAT) services:
- Advice and opinions on all aspects of VAT, including local and cross-border transactions
- Advising on the maximising of VAT recovery and cash flow planning
- Application for binding private rulings and binding class rulings
- VAT dispute resolution and litigation
- VAT accounting system reviews and advice
- VAT due diligence and compliance reviews
Mining and Environmental Taxes
- We advise and assist clients in complying with carbon tax and royalty tax legislation
- Advice regarding provisions in Income Tax Act applicable to mining in South Africa
- Advice and opinions regarding compliance with the newly introduced Carbon Tax Act, including the regulations thereto
- Advice on compliance with and application of the Mineral and Petroleum Resources Royalty Act
- Application for binding private rulings and binding class rulings
- Resolution of disputes regarding the abovementioned mining and environmental taxes
Tax Training
We can provide practical, tailor-made training in all tax areas, including:
- Tax law updates
- CGT
- VAT
- International tax
- PAYE
- Share incentive schemes
- Tax management and governance
- Corporate restructuring rules
- Taxation of insurance companies
- Carbon tax
Customs and Excise
- Assistance with tariff, valuation, origin and other customs and excise disputes
- Assistance with drawing and submission of tariff, valuation and origin determinations
- Assistance with excise and ad valorem excise disputes
- Assistance with obtaining release of goods from customs detentions and return of goods after seizure and/or forfeiture
- Assistance with interdicting customs collecting alleged revenue due
- Assistance with all customs and excise applications for registrations or licenses
- High level due diligence audits conducted to ensure correct application of the customs legislation
- Application for creation of duty free tariff headings and/or rebate items on dutiable tariff headings in terms of the International Trade Administration Act
- Training of staff in relation to customs and excise legislation, procedures and processes
- Provision of advice in relation to the above
Brochures
Tax & Exchange Control Brochures
Tax & Exchange Control Lawyers
We work on tax matters on an individual basis, or as part of a team of lawyers from across our firm’s practice areas in corporate transactions. We are therefore able to provide a commercially integrated service in order to ensure efficiency from inception to implementation.
Our Tax & Exchange Control LawyersOur Work
Featured
CDH represented the Doornhoek project company and its majority shareholder and project sponsor, AMEA Power Limited
CDH represented the Doornhoek project company and its majority shareholder and project sponsor, AMEA Power Limited, in reaching financial close of the 120MW (AC) solar photovoltaic facility at Doornhoek, near Klerksdorp in the Noth West Province of South Africa.
CDH advises M&C Saatchi South Africa
CDH advises M&C Saatchi South Africa leadership team in relation to its acquisition of all the shares in M&C Saatchi South Africa held by M&C Saatchi plc.
Clientèle Limited and Telesure Investment Holdings Proprietary Limited
CDH advised both Clientèle Limited and Telesure Investment Holdings Proprietary Limited on Clientèle's acquisition of 1Life Insurance Limited and Telesure's acquisition of 26% of Clientèle.
USC
Cliffe Dekker Hofmeyr is representing USC, the Germany-based cargo operator. Our South Africa-based corporate/M&A team is advising this client as acquirer on the purchase of eight Airbus A340 aircraft (with engines), 15 spare engines and four APUs (Auxillary Power Units) from SAA Airways (SAA), South Africa's government-owned airline, which issued an RFP for their sale.
Mediclinic International
Cliffe Dekker Hofmeyr is representing Mediclinic International, the leading UK-based global private healthcare service group. Our South Africa-based corporate/M&A team is acting as the South Africa legal adviser to Mediclinic International on the cash acquisition of Mediclinic International from its minority shareholders by Manta Bidco.
Mediclinic shortlisted for the DealMakers Brunswick Deal of the Year 2022
CDH is acting as the South African legal advisor to Mediclinic International Plc, the third biggest hospital operator in South Africa, in the acquisition of Mediclinic from its minority shareholders by Manta Bidco Limited.
All
Teraco Data Environments (TDE)
Cliffe Dekker Hofmeyr is representing TDE, the leading South Africa-based information technology company. Our South African tax team advised TDE and the management of TDE extensively on various tax and exchange control planning, as well as commercial aspects, in relation to the sale of Berkshire Partners’ and Permira Advisers' majority stake in TDE to a US-based private equity investor, in a US$3.5 billion transaction.
Clientèle and Telesure
CDH advised both Clientèle Limited and Telesure Investment Holdings Proprietary Limited on Clientèle's acquisition of 1Life Insurance Limited and Telesure's acquisition of 26% of Clientèle. The transaction, a category 1 transaction under the JSE Listings Requirements, is worth approximately R1,914 billion. The transaction is subject to certain conditions precedent which are expected to be fulfilled or waived by the end of September 2024.
1Life's operations in the underwritten direct and intermediated life insurance market and the funeral mass market will enhance Clientèle's already diversified financial services product offering to the South African market.
First World Trader Proprietary Limited
We represented First World Trader Proprietary Limited, the South Africa-based, award-winning investortech and fintech company. Our fintech team is the on-going adviser to First World, providing strategic and legal tax, exchange control and financial services regulatory advice. This work includes advising on issues linked to the Financial Advisory & Intermediary Services Act. We have also been advising this client on the launch of South Africa's very first US Securities Fractional Trading Platform.
Sea Harvest Group Limited
CDH represented Sea Harvest Group Limited (Sea Harvest), the leading South Africa-based, globally-recognised fishing and food business. Our capital markets team advised this client in its corporate restructuring which included a JSE listing and an initial public offering. The initial public offering and JSE listing resulted in the creation of a black-owned and controlled listed fishing business with Brimstone Investment Corporation, a black-controlled and managed investment company, as its anchor shareholder. The transaction involved navigating through a complex regulatory environment, and the innovative pre-IPO and listing restructuring of the entity.
OECD Base Erosion and Profit Shifting (BEPS)
Prepared the technical report on OECD Base Erosion and Profit Shifting (BEPS) Action 2: Mismatch Arrangements, at the invitation of the Davis Tax Committee (DTC) for submission to the Minister of Finance - which report was acknowledged in the compilation of the Davist Tax Committee Interim Report on BEPS released in December 2014.
OECD Base Erosion and Profit Shifting (BEPS)
Prepared the technical report on OECD Base Erosion and Profit Shifting (BEPS) Action 2: Neutralise the effects of Hybrid Mismatch Arrangements, at the invitation of the Davis Tax Committee for submission to the Minister of Finance - which report was acknowledged in the compilation of the Interim Report on BEPS by the Davis Tax Committee.
Our Work
CDH represented the Doornhoek project company and its majority shareholder and project sponsor, AMEA Power Limited
CDH represented the Doornhoek project company and its majority shareholder and project sponsor, AMEA Power Limited, in reaching financial close of the 120MW (AC) solar photovoltaic facility at Doornhoek, near Klerksdorp in the Noth West Province of South Africa.
CDH advises M&C Saatchi South Africa
CDH advises M&C Saatchi South Africa leadership team in relation to its acquisition of all the shares in M&C Saatchi South Africa held by M&C Saatchi plc.
Clientèle Limited and Telesure Investment Holdings Proprietary Limited
CDH advised both Clientèle Limited and Telesure Investment Holdings Proprietary Limited on Clientèle's acquisition of 1Life Insurance Limited and Telesure's acquisition of 26% of Clientèle.
USC
Cliffe Dekker Hofmeyr is representing USC, the Germany-based cargo operator. Our South Africa-based corporate/M&A team is advising this client as acquirer on the purchase of eight Airbus A340 aircraft (with engines), 15 spare engines and four APUs (Auxillary Power Units) from SAA Airways (SAA), South Africa's government-owned airline, which issued an RFP for their sale.
Mediclinic International
Cliffe Dekker Hofmeyr is representing Mediclinic International, the leading UK-based global private healthcare service group. Our South Africa-based corporate/M&A team is acting as the South Africa legal adviser to Mediclinic International on the cash acquisition of Mediclinic International from its minority shareholders by Manta Bidco.
Mediclinic shortlisted for the DealMakers Brunswick Deal of the Year 2022
CDH is acting as the South African legal advisor to Mediclinic International Plc, the third biggest hospital operator in South Africa, in the acquisition of Mediclinic from its minority shareholders by Manta Bidco Limited.
Teraco Data Environments (TDE)
Cliffe Dekker Hofmeyr is representing TDE, the leading South Africa-based information technology company. Our South African tax team advised TDE and the management of TDE extensively on various tax and exchange control planning, as well as commercial aspects, in relation to the sale of Berkshire Partners’ and Permira Advisers' majority stake in TDE to a US-based private equity investor, in a US$3.5 billion transaction.
Clientèle and Telesure
CDH advised both Clientèle Limited and Telesure Investment Holdings Proprietary Limited on Clientèle's acquisition of 1Life Insurance Limited and Telesure's acquisition of 26% of Clientèle. The transaction, a category 1 transaction under the JSE Listings Requirements, is worth approximately R1,914 billion. The transaction is subject to certain conditions precedent which are expected to be fulfilled or waived by the end of September 2024.
1Life's operations in the underwritten direct and intermediated life insurance market and the funeral mass market will enhance Clientèle's already diversified financial services product offering to the South African market.
First World Trader Proprietary Limited
We represented First World Trader Proprietary Limited, the South Africa-based, award-winning investortech and fintech company. Our fintech team is the on-going adviser to First World, providing strategic and legal tax, exchange control and financial services regulatory advice. This work includes advising on issues linked to the Financial Advisory & Intermediary Services Act. We have also been advising this client on the launch of South Africa's very first US Securities Fractional Trading Platform.
Sea Harvest Group Limited
CDH represented Sea Harvest Group Limited (Sea Harvest), the leading South Africa-based, globally-recognised fishing and food business. Our capital markets team advised this client in its corporate restructuring which included a JSE listing and an initial public offering. The initial public offering and JSE listing resulted in the creation of a black-owned and controlled listed fishing business with Brimstone Investment Corporation, a black-controlled and managed investment company, as its anchor shareholder. The transaction involved navigating through a complex regulatory environment, and the innovative pre-IPO and listing restructuring of the entity.
OECD Base Erosion and Profit Shifting (BEPS)
Prepared the technical report on OECD Base Erosion and Profit Shifting (BEPS) Action 2: Mismatch Arrangements, at the invitation of the Davis Tax Committee (DTC) for submission to the Minister of Finance - which report was acknowledged in the compilation of the Davist Tax Committee Interim Report on BEPS released in December 2014.
OECD Base Erosion and Profit Shifting (BEPS)
Prepared the technical report on OECD Base Erosion and Profit Shifting (BEPS) Action 2: Neutralise the effects of Hybrid Mismatch Arrangements, at the invitation of the Davis Tax Committee for submission to the Minister of Finance - which report was acknowledged in the compilation of the Interim Report on BEPS by the Davis Tax Committee.
Tax & Exchange Control News
More newsCDH Tax & Exchange Control experts ranked among the best by 2025 ITR World Tax
Cliffe Dekker Hofmeyr (CDH), a leading corporate and commercial law firm, is proud to be recognised for our expertise in tax in the recently released 2025 ITR World Tax Rankings.
Implementation of the Social Health Insurance Fund on track: Court of Appeal rules
The Social Health Insurance Fund (SHIF) was established by the Social Health Insurance Act, 2023 (Act). This, alongside the Primary Health Care Act, 2023 and the Digital Health Act, 2023 (the acts), were established to promote the right to affordable healthcare under the Constitution of Kenya, 2010 (Constitution). On 12 July 2024 the High Court declared some of the sections of the Act unconstitutional and gave Parliament 120 days to adhere to its orders, as discussed in our alert here .
Mentorship and Sponsorship: How men can support women in tax careers
Market recognition
Our Tax & Exchange Control team is externally praised for its depth of resources, capabilities and experience.
- Chambers Global 2018–2024 ranked our Tax & Exchange Control practice in Band 1 for Tax.
- Chambers Global 2011–2017 ranked our Tax & Exchange Control practice in Band 2 for Tax.
- The Legal 500 EMEA 2009–2022 recommended us in Tier 2, and Tier 1 in 2023 for tax.
- The International Tax Review 2011 ranked our practice in Tier 3 for tax.
- World Tax 2011–2012 ranked our practice in Tier 3 for tax.
- The Tax Directors Handbook 2012 and 2014 ranked our practice in Tier 2 for tax.
- World Finance Legal Awards 2012 awarded our practice the Best Tax Firm accolade.
Market recognition
Our Tax & Exchange Control team is externally praised for its depth of resources, capabilities and experience.
- Chambers Global 2018–2024 ranked our Tax & Exchange Control practice in Band 1 for Tax.
- Chambers Global 2011–2017 ranked our Tax & Exchange Control practice in Band 2 for Tax.
- The Legal 500 EMEA 2009–2022 recommended us in Tier 2, and Tier 1 in 2023 for tax.
- The International Tax Review 2011 ranked our practice in Tier 3 for tax.
- World Tax 2011–2012 ranked our practice in Tier 3 for tax.
- The Tax Directors Handbook 2012 and 2014 ranked our practice in Tier 2 for tax.
- World Finance Legal Awards 2012 awarded our practice the Best Tax Firm accolade.
Happy Clients
"The team at Cliffe Dekker Hofmeyr thinks outside of the box and brings innovative solutions by understanding the complexities of each client."
Chambers Global 2024
"Their response and turnaround times of written opinions are exceptional."
Chambers Global 2024
"The team at Cliffe Dekker Hofmeyr is aware of industry constraints and able to think outside the box to provide possible solutions."
Chambers Global 2023
"The lawyers have a heightened commercial awareness. They are known industry specialists who are constantly involved in current matters."
Chambers Global 2023