BOOK CONSULTATION SUBSCRIBE

Our Latest Insights

Three’s a crowd? SARS, Trusts and Beneficial Ownership

22 April 2024,  Dr Candice Reynders, Elani van Coller

The General Laws Amendment Act 22 of 2022 (“Amendment Act”) promulgated as part of legislative framework changes by South Africa... to curb money laundering, has introduced key changes to the trust environment, requiring extensive beneficial ownership and other reporting by trusts. SARS is also aligning its tax and data collection imperative with these changes by requiring similar reporting as part of trust tax submissions. In this article, we review the impact of these changes on trusts.

READ MORE
26
Article

Is the trust dead? Long live the trust!

22 April 2024,  André van Niekerk, Dr Candice Reynders

Many clients, when we suggest using a trust for their estate or corporate structuring, enquire whether a trust is still... a safe option to consider. This question likely stems from the negative publicity trusts have received over the last few years, along with the high taxation imposed by SARS. However, our answer is always the same, if used correctly and for the right purpose, then 'Yes’, a trust is still a good option to be considered. In this article, we explain why we still consider a trust to be relevant.

READ MORE
33
Article

Income Tax Act: Keep an eye on the definition of 'exchange item’

22 April 2024,  Tanya Strauss

In the recent 2024 National Budget speech, Finance Minister Enoch Godongwana made mention of a possible change to the definition... of an “exchange item” for determining taxable exchange gains given that certain financial arrangements are eroding the tax base due to a mismatch in exchange losses and gains when it comes to taxable income.

READ MORE
31
Article

Tax collection efficiency trumps wealth taxes in the short-term

22 April 2024,  Tanya Strauss

Speculation surrounding the introduction of formal wealth taxes in South Africa has subsided for the time being. The South African... Revenue Service (SARS) appears to have reconciled itself to the recommendations outlined in the "Feasibility of a Wealth Tax in South Africa" Report by the Davis Committee, which underscores deficiencies in wealth information and tax collection as requiring attention and not necessarily additional ‘wealth taxes’ in the short term. SARS's intensified focus on collecting clearly indicates its intentions to address this information and tax compliance gap.

READ MORE
36
Article

Is a global corporate minimum tax the death knell for offshore structuring?

22 April 2024,  André van Niekerk, Francois Fouché

Despite uncertainties surrounding global tax reforms, no additional restrictions on exchange control have been proposed in South Africa during the... 2024 National Budget speech. However, amidst this positive news, concerns linger among taxpayers regarding the introduction of a new effective minimum tax rate of 15% on multinational corporations, sparking questions about its impact on offshore structuring and international estate planning structures, as well as the continuing effectiveness of low tax jurisdictions also known as financial centres. This article delves into the implications of these developments specifically offshore structuring and estate planning strategies.

READ MORE
44
Article

2024 National Budget tax proposals? Uneventful… or are sharks lurking…?

22 April 2024,  André van Niekerk, Francois Fouché

The 2024 National Budget did not provide any major tax surprises, but key observations reveal subtle strategies by SARS to... increase revenue. While the budget seemed rather vanilla, it is vital to recognise the hidden strategies and measures that can impact taxpayers' liabilities. In this article, we look at these strategies and measures.

READ MORE
47
Article

A how-to-guide for M&A transactions

15 April 2024,  Ahmed Dhupli, Johnny Davis, Sian Angus

A Merger or Acquisition (M&A) can be a complex transaction that can be effected in a number of ways depending... on the nature of the transaction as well as the scope and intent of the parties. In this article, we look at some of the most common methods for affecting an M&A. 

READ MORE
92
Article

Alignment or misalignment? The BEE Commission, the Competition Commission and M&A

15 April 2024,  Luhann Prinsloo

As much as M&A transactions are a part of our economic landscape and vital to economic growth and investment in... South Africa, there remains a vital balance been economic growth and addressing historical disparities and increasing the participation of previously disadvantaged in the economy. To regulate and align these objectives, the Competition Commission and BEE Commission play pivotal roles. But, do their functions complement each other? In this article, we investigate how their respective functions and mandates align (or not) in respect of the South African M&A environment.

READ MORE
73
Article

Private vs Listed Company M&A Transactions

15 April 2024,  Armand Vermeulen

Mergers and Acquisitions (“M&A”) are a pivotal part of South Africa’s growing and developing corporate landscape. There are however some... unique differences when dealing with private or listed company M&As. In this article, we look at some of the more distinctive traits and considerations associated with M&A transactions in these two sectors in South Africa.

READ MORE
75
Article

Relationship triangle between M&A, BEE and Foreign Entities

15 April 2024,  Johnny Davis, Mark le Riche

The Merger & Acquisition (M&A) landscape in South Africa does not only consider competition within the South African market but... also considers the impact M&A transactions may have on historically disadvantaged people as regulated by the Broad-Based Black Economic Empowerment Act 53 of 2003 (“BEE Act”). In this article, we look at the relationship triangle between M&A transactions, the requirements of the BEE Act, and its impact on foreign entities wishing to invest in South Africa through an M&A.

READ MORE
66
Article

Three’s a crowd? SARS, Trusts and Beneficial Ownership

22 April 2024,  Dr Candice Reynders, Elani van Coller

The General Laws Amendment Act 22 of 2022 (“Amendment Act”) promulgated as part of legislative framework changes by South Africa... to curb money laundering, has introduced key changes to the trust environment, requiring extensive beneficial ownership and other reporting by trusts. SARS is also aligning its tax and data collection imperative with these changes by requiring similar reporting as part of trust tax submissions. In this article, we review the impact of these changes on trusts.

READ MORE
26
Article

Is the trust dead? Long live the trust!

22 April 2024,  André van Niekerk, Dr Candice Reynders

Many clients, when we suggest using a trust for their estate or corporate structuring, enquire whether a trust is still... a safe option to consider. This question likely stems from the negative publicity trusts have received over the last few years, along with the high taxation imposed by SARS. However, our answer is always the same, if used correctly and for the right purpose, then 'Yes’, a trust is still a good option to be considered. In this article, we explain why we still consider a trust to be relevant.

READ MORE
33
Article

Income Tax Act: Keep an eye on the definition of 'exchange item’

22 April 2024,  Tanya Strauss

In the recent 2024 National Budget speech, Finance Minister Enoch Godongwana made mention of a possible change to the definition... of an “exchange item” for determining taxable exchange gains given that certain financial arrangements are eroding the tax base due to a mismatch in exchange losses and gains when it comes to taxable income.

READ MORE
31
Article

Tax collection efficiency trumps wealth taxes in the short-term

22 April 2024,  Tanya Strauss

Speculation surrounding the introduction of formal wealth taxes in South Africa has subsided for the time being. The South African... Revenue Service (SARS) appears to have reconciled itself to the recommendations outlined in the "Feasibility of a Wealth Tax in South Africa" Report by the Davis Committee, which underscores deficiencies in wealth information and tax collection as requiring attention and not necessarily additional ‘wealth taxes’ in the short term. SARS's intensified focus on collecting clearly indicates its intentions to address this information and tax compliance gap.

READ MORE
36
Article

Is a global corporate minimum tax the death knell for offshore structuring?

22 April 2024,  André van Niekerk, Francois Fouché

Despite uncertainties surrounding global tax reforms, no additional restrictions on exchange control have been proposed in South Africa during the... 2024 National Budget speech. However, amidst this positive news, concerns linger among taxpayers regarding the introduction of a new effective minimum tax rate of 15% on multinational corporations, sparking questions about its impact on offshore structuring and international estate planning structures, as well as the continuing effectiveness of low tax jurisdictions also known as financial centres. This article delves into the implications of these developments specifically offshore structuring and estate planning strategies.

READ MORE
44
Article

Your Personal Advisors

Corporate Structuring

Advice and support regarding effective corporate structuring, entity formation and restructuring, taxation related aspects, reorganising business assets, mergers and acquisitions, takeovers,...

Show more

VIEW EXPERTISE

Corporate Trusteeship

The holding of independent corporate trusteeships on inter vivos and testamentary trusts for the local trusts of South African clients as well as broad-based and employee ownership schemes v...

Show more

VIEW EXPERTISE

Dispute Resolution

Dispute resolution advice and support services across all legal forums, risk and merit assessment, institution and management of legal action, briefing of counsel, lodging of appeals and rev...

Show more

VIEW EXPERTISE

Divorce and Maintenance

Advice, guidance and representation in relation to divorce and maintenance, mediation, negotiation, investigations, drafting of documentation and agreements, initiation of proceedings and al...

Show more

VIEW EXPERTISE

Estate Planning

Advice and planning in respect of personal and family estates, integrated estate structuring, fiduciary services, entity formation and registrations, taxation, opinions, trusteeships, drafti...

Show more

VIEW EXPERTISE

Labour and Employment

Labour and employment law services, advice and support to private, institutional, corporate and government entities, legal opinions, employment agreements, workplace audits, conditions of se...

Show more

VIEW EXPERTISE

Medical Negligence

Advice and counsel in respect of medical negligence, merit assessment, specialists, preparation of reports, quantum assessment, institution of actions, case management and all other matters ...

Show more

VIEW EXPERTISE

Property Transfer

Advice and support in the transfer of immovable property ownership, registrations and amendments at the Deeds Office, due diligences, preparation and lodging of documentation, obtaining all ...

Show more

VIEW EXPERTISE

Wills and Trusts

Advice and guidance in respect of the drafting and execution of a will, planning and formation of a family / business / testamentary trust, taxation, compliance and fiduciary aspects, regist...

Show more

VIEW EXPERTISE

Corporate Structuring

Advice and support regarding effective corporate structuring, entity formation and restructuring, taxation related aspects, reorganising business assets, mergers and acquisitions,... takeovers, joint ventures, private equity, corporate unbundling, share structuring, securities, financing, due diligences, commercialisation and all related agreements and documentation.

VIEW EXPERTISE

Corporate Trusteeship

The holding of independent corporate trusteeships on inter vivos and testamentary trusts for the local trusts of South African clients... as well as broad-based and employee ownership schemes via representatives of Phatshoane Henney Fiduciary Services, including all related fiduciary and administrative aspects relating to trust management and execution of the role of independent corporate trustee.

VIEW EXPERTISE

Dispute Resolution

Dispute resolution advice and support services across all legal forums, risk and merit assessment, institution and management of legal action,... briefing of counsel, lodging of appeals and reviews, legal representation, preparation of documentation, legal opinions and all related support to resolving legal disputes.

VIEW EXPERTISE

Divorce and Maintenance

Advice, guidance and representation in relation to divorce and maintenance, mediation, negotiation, investigations, drafting of documentation and agreements, initiation of... proceedings and all other matters relating to divorce and maintenance.

VIEW EXPERTISE

Estate Planning

Advice and planning in respect of personal and family estates, integrated estate structuring, fiduciary services, entity formation and registrations, taxation,... opinions, trusteeships, drafting of documentation and agreements, and other related estate planning aspects. Estate planning can include on-shore and off-shore planning and integration and management of such estates.

VIEW EXPERTISE

Labour and Employment

Labour and employment law services, advice and support to private, institutional, corporate and government entities, legal opinions, employment agreements, workplace... audits, conditions of service, policies and procedures, health & safety investigations, employment benefits, collective bargaining representation and negotiation, representation at CCMA and labour courts, disciplinary proceedings, retrenchments, dismissals, labour training, and all other labour and employment aspects.

VIEW EXPERTISE

Medical Negligence

Advice and counsel in respect of medical negligence, merit assessment, specialists, preparation of reports, quantum assessment, institution of actions, case... management and all other matters relating to medical negligence litigation.

VIEW EXPERTISE

Property Transfer

Advice and support in the transfer of immovable property ownership, registrations and amendments at the Deeds Office, due diligences, preparation... and lodging of documentation, obtaining all necessary authorities and approvals, engaging with third parties, management of the transfer process.

VIEW EXPERTISE

Wills and Trusts

Advice and guidance in respect of the drafting and execution of a will, planning and formation of a family /... business / testamentary trust, taxation, compliance and fiduciary aspects, registration of trusts and safe storage of wills.

VIEW EXPERTISE

Subscribe to our newsletters

Stay up-to-date with the latest news, laws, and events.

SUBSCRIBE NOW

Client Testimonials

My experience as a client of PH Attorneys is that, they are professional, understands our business needs and will always give the best legal advice even if it is not in your favour on the face of it. They are trustworthy and will always be available to assist and advise at all times.

Valentine Rantsoareng, CEO, ITEC Free State
ITEC Free State

PH Attorneys has been our attorneys for almost a decade. We always receive the best professional service and advice from Meyer Volschenk and his team.

De Waal Boshoff, Manager Labour Relations and Legal Matters
Ruwacon (Pty) Ltd

PH Attorneys is the preferred supplier for legal, fiduciary and structuring advice for our company. They are innovative and always stay abreast of the latest legal requirements and changes, and ensure they fully understand our clients’ needs so their team of experts can provide effective solutions in any situation. Having this relationship has been a significant competitive advantage for us.

Magda van der Merwe,
Classic Private Wealth

Our business is a long standing self-built company that has evolved into a complicated and multi-faceted Commercial Vehicle Group. We needed progressive solutions to move with the times and embrace the new South African business environment. PH Attorneys provided practical advice to assist us in restructuring in a responsible manner to move our business forward. They are a great team of professionals that are always available to assist.

James Moore, Chief Executive Officer
Fleet Dynamics Group

Over the years I have found PH Attorneys' level of service, professionalism and attention to detail to be far above any I have experienced before. Thorough and caring about client requirements and deadlines, I am kept up to date on all matters and developments on an almost weekly basis. Their insight and understanding of the transactions and transfer matters I presented them with were outstanding and have exceeded my expectations. I have no hesitation whatsoever in referring them and I am proud to be their client.

Woutri Mugglestone , Estate Agent
Aguila Real Estate

PH Attorneys is without a doubt my preferred choice in transfer attorneys, always ensuring a hassle-free transfer process. Libo van Aswegen and his team are very efficient and professional in their work and always willing to go the extra mile. When any disputes arise, they solve it with professionalism and taking all parties’ interests to heart. The agent, seller and buyer are all kept up to date with the progress of transactions, and I can always count on receiving positive feedback from my clients.

Elri van Jaarsveld, Estate Agent
Pam Golding Properties

As estate agent for over 17 years, my heart is in my business and I strive to always deliver the best service to my clients. For that reason, I always recommend PH Attorneys. They deliver outstanding, friendly service and are always prepared to go the extra mile, giving thorough weekly feedback regarding registration processes. Their property department is specialist in what they do and always do their utmost to assist buyers, sellers and agents alike.

Dirk Swart, Estate Agent
Realnet

I cannot even begin to quantify the ways in which Ilze Strydom's legal aid has helped my made my ongoing child maintenance case. She dazzled me with her communication skills and courage, and I was blown away by her integrity and endless hard work that went into making that day a win for us. Thank you for being a passionate voice on my children's behalf and for accepting the role to fight for their rights. You have been a great support guiding me through the legal process.

Drien Erasmus,

PH Attorneys has been an invaluable partner to us in every aspect of our business. Their comprehensive offering of legal services, along with a dedicated client relationship team, have made them an integral part of our business and a truly trusted advisor in everything we do.

Katlego Tlale, Chief Financial Officer
Letsema

PH Attorneys have rendered very professional service to Senwes Ltd for a number of years. Thank you for your excellent service.

Jaco Steyn, Legal Advisor
Senwes

I wish to express my sincere gratitude to the PH Attorneys team. Our requests have always been prioritised even then the deadlines were tight. Thank you for going beyond the call of duty. We look forward to your continued support and building on this great relationship.

Juby Govender, Acting Senior Manager, Unit for Development
Central University of Technology

We are pleased to be associated with PH Attorneys as we always receive the highest standard of professional service. Irrespective of what we present them with - varying from from highly technical advice to litigation and any other commercial or legal matter related to our group of companies - the teams tending to our matters are always able and ready to assist. We can highly recommend their services as it is always timeous and professional, and their legal guidance of the utmost quality.

Dirk du Plessis, Head of Corporate Services
Digicentral

I’ve consulted & referred clients to Francois Fouché regarding offshore investment structures & international estate planning. Definitely some of the best advice in the market today. 5-star rating!

Duane Nienaber,
Attooh!