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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.

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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.

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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.

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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.

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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.

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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.

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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. 

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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.

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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.

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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.

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Good Housekeeping: Preparing for an M&A

15 April 2024,  Luhann Prinsloo, Sian Angus

When a company is considering a Merger or Acquisition transaction (M&A), it is vital that the correct preparation is done... for the transaction using what we call good ‘housekeeping’ practices. In this article we take a look at these housekeeping practices and why they are important in the run-up to an M&A.

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Merger & Acquisitions: Why they fail?

15 April 2024,  Mark le Riche

Mergers and Acquisitions (M&A) are intricate commercial transactions that hold huge potential for economic growth, investment, job creation and increased... market competitiveness. Yet, their complexity can also be their undoing. In this article, we take a look at some of the main pitfalls and issues in South Africa that result in unsuccessful M&As or M&As that don’t live up to their expectations.

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