Insights

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Insights

Jan 16, 2024

Landmark ruling on manufacturing allowances for waste treatment processes

Enviroserv Waste Management (Pty) Ltd (“Enviroserv”) appealed to the Supreme Court of Appeal against the tax court’s decision to disallow manufacturing allowances claimed in terms of section 12C of the Income Tax Act, No. 58 of 1962 (“ITA”) - [the other issue in the appeal related to the imposition of understatement penalties, which is not discussed in this article]. Background Enviroserv conducts a waste management service business (involving the collection of pre-classified solid waste from c ...


Dec 13, 2023

SARS Regulations for Business Owners in South Africa

As a business owner, staying abreast of ever-changing tax regulations can feel like navigating a labyrinth. However, failing to comply with the South African Revenue Service (SARS) can lead to significant financial penalties and administrative headaches. To help you stay informed and compliant, let's delve into some key SARS regulations that every business owner should be aware of. Filing and epayment Gone are the days of paper forms and manual payments. SARS now mandates electronic filing (efil ...


Dec 12, 2023

Avoiding the Courtroom: Good Business Practices for South African Business Owners

As a corporate and litigation lawyer, I have witnessed firsthand the significant impact that litigation can have on businesses. Lawsuits are time-consuming, expensive, and emotionally draining, often diverting valuable resources and attention away from core business operations. While legal disputes are sometimes unavoidable, many can be prevented through proactive measures and sound business practices. Here are some key strategies South African business owners can implement to avoid litigation: ...


Dec 12, 2023

South Africa: Data Privacy Trends Forecast for 2024

As the world becomes increasingly interconnected, data privacy rises as a critical concern for businesses and individuals alike. In South Africa, the Protection of Personal Information Act (POPIA) continues to evolve, shaping how organisations collect, use, and protect personal data. To help businesses navigate the ever-changing landscape, here are some key data privacy trends to expect for South Africa in 2024: 1. Heightened Regulatory Scrutiny: The Information Regulator (IR) will likely cont ...


Dec 11, 2023

M&A in South Africa: A Guide for Global Companies

South Africa's vibrant economy and strategic location make it a compelling market for global companies seeking expansion. However, navigating the intricacies of the South African regulatory environment and mergers and acquisitions (M&A) law can be daunting for those unfamiliar with the local legal landscape. This article aims to provide a high-level overview of key M&A considerations for global companies venturing into the South African market. Regulatory Framework The South African Com ...


Nov 10, 2023

The automatic transfer of employees in South Africa when outsourcing or insourcing

It can be challenging to determine definitively whether a particular outsourcing arrangement triggers section 197 of the Labour Relations Act No. 66 of 1995 (“the LRA”) and thereby the automatic transfer of employees to the new employer. This issue is obviously relevant because, depending on the facts, outsourcing or insourcing arrangements can indeed constitute the transfer of a business and thus trigger an automatic transfer of employees. In the context of outsourcing and insourcing, attention ...


Oct 05, 2023

M&A trends in the Renewable Energy sector in South Africa and beyond

The renewable energy industry is experiencing a monumental shift, and the landscape is changing at an unprecedented pace. As the world seeks sustainable energy solutions, the African continent, and South Africa in particular, have emerged as promising hubs for renewable energy investments. In this blog post, we'll explore the M&A trends and notable developments in the renewable energy sector, with a keen focus on investment opportunities in South Africa and the broader African continent. ...


Oct 05, 2023

ESG and sustainable business practices in South Africa

In an era marked by heightened environmental awareness and societal expectations, businesses are increasingly recognizing the importance of Environmental, Social and Governance (ESG) principles. These principles encompass a range of factors that go beyond profit margins, focusing on sustainable and responsible business practices. In South Africa, where sustainability is a pressing concern, understanding and navigating the legal and regulatory frameworks related to ESG is paramount. Here we expl ...


Oct 05, 2023

Overview of the legal framework for start-ups and entrepreneurs

Embarking on the journey of entrepreneurship is exhilarating. The energy, passion and innovative ideas that fuel start-ups are awe-inspiring. However, amidst the excitement, it's easy to overlook the complexities of corporate law. Here we outline a few key considerations for start-ups and entrepreneurial-driven businesses looking to navigate the intricate world of corporate law. Choose the right legal structure One of the first and most critical decisions for your start-up is choosing the rig ...


Oct 05, 2023

Disposal of business and assets in South Africa in the Energy Sector

The energy sector is a global juggernaut, with companies often navigating complex international landscapes. For local and overseas companies considering the disposal of business and assets within this sector in South Africa, a nuanced understanding of the transactional and regulatory framework is vital. This article provides a brief overview of the key considerations involved in such transactions. Understanding South African Regulatory Authorities First and foremost, it is essential to compre ...


Oct 05, 2023

Tax implications of setting up operations and corporate restructuring

In the world of business smart tax planning and compliance are crucial for achieving financial efficiency and minimising risks. Whether you're setting up new operations or considering corporate restructuring, understanding the tax implications is paramount. In this post we delve into the invaluable role a tax practitioner plays in helping businesses navigate these complex waters. Setting up operations: Tax efficiency from the start Launching a new business operation is an exciting venture, but ...


Oct 05, 2023

How tax efficient commercial agreements can shield against SARS scrutiny

In the world of corporate transactions and commercial agreements, taxation often takes centre stage. The intricacies of tax law can have a significant impact on your bottom line and overlooking them can invite unwelcome attention from the South African Revenue Service (SARS). That is where a skilled tax practitioner comes into play, ensuring your agreements are not only legally sound but also tax efficient. The Tax-Commercial Agreement Nexus Commercial agreements are the backbone of business o ...


Sep 14, 2023

Government interventions to assist with South Africa's energy crisis

Many people feel that a massive overhaul of the Energy sector, to allow for large scale private power generation, is needed to resolve the perennial and devastating energy crisis currently facing South Africa. For a host of reasons this is not likely to happen unless a much larger political shift occurs at the 2024 national general elections. Of all the far reaching, ameliorating and remedial interventions that Government could introduce to assist the public (both businesses and individuals) to ...


Sep 08, 2023

Navigating import, export and trade regulations in South Africa

In the world of international commerce, success often hinges on your ability to navigate the intricacies of import, export and trade regulations. South Africa, with its diverse economy and global trade ties, is no exception. For businesses looking to expand their operations and remain compliant, implementing new procedures, policies and logistics operations is paramount. Here are a few recommendations to help you chart your course effectively: Conduct a Comprehensive Regulatory Assessment Be ...


Sep 08, 2023

The evolving role of Company Secretaries in South African corporations

In the ever-changing landscape of South African businesses, one role has been quietly but significantly evolving – that of the company secretary. Traditionally viewed as the custodian of company records and minutes, company secretaries in South African corporations have seen their responsibilities expand far beyond mere record-keeping. Today they play a pivotal role in governance, compliance and risk management, becoming indispensable assets for businesses operating in a complex regulatory envir ...


Aug 29, 2023

Advice for entrepreneurs – common mistakes when starting out

“It is truly astonishing how often businessmen conduct their affairs, involving at times huge financial interests, on the strength of crude and vague agreements and then ‘rely on hope, good spirits, bona fides and commercial expediency to make such agreements work’.”– Harms JA in Namibian Minerals Corporation Ltd v Benguela Concessions Ltd [1996] ZASCA 140; 1997 (2) SA 548 (A) at 561G. In assisting entrepreneurs to navigate the dynamic South African and global legal and tax landscape, one is ...


Aug 17, 2023

M&A in SA: Navigating legislation and regulation for global investment

Mergers and acquisitions play a pivotal role in shaping the economic landscape of South Africa, acting as a catalyst for growth innovation, and industry consolidation. In recent years, the country has witnessed a dynamic evolution in its M&A activity, driven by both domestic and international factors. However, this landscape is intricately intertwined with legislative and regulatory frameworks that impact global investment and participation in the South African economy. Current Trends i ...


Jul 12, 2023

How Environmental, Social and Governance influences corporate decision-making

In today's socially-conscious world, businesses increasingly recognise the importance of Environmental, Social and Governance (ESG) factors in their decision-making processes. ESG factors encompass a range of considerations, including environmental sustainability, social impact, and good governance practices. This article aims to shed light on how these factors significantly influence corporate decision-making and why they have become crucial for businesses across industries. Environmental Consi ...


Jun 06, 2023

Tax dispute resolution — who should be involved?

Are you or your business in a dispute with SARS? Are the right people helping you with your company’s dispute? Do you know your rights as a taxpayer? Increased enforcement by SARS presents a substantial need for businesses to have a trusted and experienced tax dispute resolution resource. Depending on where you are in the dispute process, it is important that the right mix of subject-matter specialists and dispute resolution specialists are involved to ensure that the right combination of tax ...


May 30, 2023

Has the Electricity Minister finally got his spark?

On 26 May 2023, Proclamation 121 of 2023 effected the long-awaited transfer of powers under the Electricity Regulation Act 4 of 2006 (ERA) to the new Electricity Minister, Kgosientsho Ramokgopa. President Ramaphosa relied on s 97 of the Constitution, which in clear terms allows the President to transfer the (a) administration of any legislation, or (b) any legislative power or function entrusted in legislation, from one Cabinet Member to another. The Proclamation refers to the transfer of “power ...


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