ATL-Editor

S.Africa: Relationship between a VAT vendor and SARS

Relationship between a VAT vendor and SARS DLA Cliffe Dekker Hofmeyr Heinrich Louw South Africa January 16 2015 The Supreme Court of Appeal (SCA) recently handed down judgment in the matter of Director of Public Prosecutions, Western Cape v Parker (103/14) [2014] ZASCA 223 (12 December 2014).  In this matter a close corporation, being a registered vendor […]

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S.Africa: Tax Case – No evidence justifying penalty

No evidence justifying penalty DLA Cliffe Dekker Hofmeyr South Africa January 16 2015 On November 18 2014 the Tax Court ruled on AB (Pty) Ltd v The Commissioner for the South African Revenue Service (Case 1132, as yet unreported). Facts In this matter the South African Revenue Service (SARS) audited and assessed a vendor in respect of

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Nigeria: Tax Appeal Tribunal says withholding tax is due on dividends from gas profits – January 2015

Tax Appeal Tribunal says withholding tax is due on dividends from gas profits January 2015 In brief The Tax Appeal Tribunal (TAT) has ruled in favour of the Nigerian tax authority to levy withholding tax on dividends paid out of gas profits by an upstream petroleum company. The judgement takes a simple view of a rather complex

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South Africa: An update on tax avoidance principles in South Africa – January 2015

An update on tax avoidance principles in South Africa – January 2015 By Ernest MaraisB.Comm LLB (University of Stellenbosch, South Africa/ Maastricht University, Netherlands)Admitted Attorney in the High Court of South Africa and edited by Prof Dr Daniel N.Erasmus BA (Wits) BProc (UNISA) H Dip Tax (Wits) PhD (University KwaZulu-Natal) Admitted Attorney in the High

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South Africa: Fiscal legislation interpretation

Interpretation of fiscal legislation DLA Cliffe Dekker Hofmeyr South Africa January 9 2015 Introduction In Commissioner SARS v Bosch (394/2013) [2014] ZASCA 171 (November 19 2014), the Supreme Court of Appeal dealt with the fiscal consequences of a deferred delivery transaction. The judgment is important not only in the context of the meaning of simulation, but also

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Angola: Tax system

Overview of Angolan Tax System Rogério Fernandes Ferreira, Mónica Respício Gonçalves, Marta Machado de Almeida, José Mègre Pires, Francisca de Landerset Gomes RFF & Associados, Lisbon Rogério Fernandes Ferreira is Founding Partner, Mónica Respício Gonçalves is Senior Associate, Marta Machado de Almeida is Senior Associate, José Mègre Pires is Associate and Francisca de Landerset Gomes

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Nigeria: Tax Appeal Tribunal applies Court of Appeal decision on recharges by non-resident companies

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Nigeria: Court of Appeal overturns Federal High Court ruling on recharges by non-resident companies

Court of Appeal overturns Federal High Court ruling on recharges by non-resident companies  Dear In brief The Court of Appeal (“CA”) on 2 December 2014 delivered a judgment on the deductibility of recharges by non-resident companies filing income tax returns under the deemed profit regime in a case brought before it by the Federal Inland

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Nigeria: FIRS is clamping down on tax defaulters – may seal off premises and arrest principal officers

FIRS is clamping down on tax defaulters – may seal off premises and arrest principal officers  In brief In the past few weeks, the FIRS started to enforce filing of tax returns and payment of taxes by distraining property and procuring the arrest of principal officers of defaulting companies. This unconventional means of tax enforcement

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S.Africa: Professional tax advice vital in mitigation of penalties and interest

Professional tax advice vital in mitigation of penalties and interest DLA Cliffe Dekker Hofmeyr Andrew Lewis South Africa December 5 2014 Judgment was handed down in the Tax Court on 18 November 2014 in the case of Z v The Commissioner for for the South African Revenue Service (case number 13472), as yet unreported. The dispute concerned the calculation

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