Tax & Exchange Control

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

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.

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

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

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

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

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

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

• 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

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

• 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