Africa Archives - Academy of Tax Law

Kenya vs Avic International: TRANSFER PRICING CASE

Case Summaries, FP News, International Tax, Kenya, Postgraduate Programmes in International Tax, Postgraduate Programmes in Transfer Pricing, Tax Dispute Resolution, TP Case Summaries, Transfer Pricing / ATL-Editor

The Tax Appeals Tribunal in Kenya ruled on the case involving AVIC International Beijing (EA) Limited (Appellant) and the Commissioner of Domestic Taxes (Respondent) concerning disputed tax assessmentsA tax assessment is a formal determination made by a tax authority to calculate the amount of tax an individual or entity owes. It is a comprehensive evaluation based on financial records, declared income, expenses, deductions, and any applicable tax laws or regulations. Tax assessments may arise from routine self-assessments by taxpayers, or they may be conducted by revenue authorities... More covering Corporation TaxCorporate Tax refers to the tax imposed by governments on the income or capital of corporations. Corporations, considered separate legal entities, are taxed on their profits, meaning the income generated from their operational activities, investments, and other financial undertakings. This tax is generally a key revenue source for governments, helping to fund public services, infrastructure, and other essential functions. The... More, PAYE, and Withholding Tax (WHT) for the years 2016 to 2023.

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RSA vs Wiese & Others: TAX DEBT RECOVERY CASE

Case Summaries, FP News, International, International Tax, Postgraduate Programmes in International Tax, Postgraduate Programmes in South African Tax Law, South Africa, Tax Dispute Resolution / ATL-Editor

The Supreme Court of Appeal of South Africa (SCA) ruled against Christoffel Hendrik Wiese and other appellants in their appeal concerning SARS’s efforts to recover a tax debtTax liability represents the total amount of tax owed by an individual or business to a tax authority, whether local, national, or international. This obligation arises through various forms of income, profits, or transactions subject to taxation laws and regulations. Understanding tax liability is essential for compliance and efficient financial management for corporations and individuals. It influences how businesses structure... More under section 183 of the Tax AdministrationTax authorities are fundamental institutions within government frameworks, overseeing tax assessment, collection, and administration. Their operations ensure that tax laws are enforced and public funds are collected efficiently. This article delves into tax authorities' purpose, responsibilities, and structure, offering insights into their essential role in supporting government functions and economic stability. What is a Tax Authority? A tax authority is... More Act (TAA).

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F Taxpayer vs SARS: Procedural Compliance in Tax Disputes

Case Summaries, FP News, International, International Tax, Postgraduate Programmes in South African Tax Law, South Africa / ATL-Editor

In the matter of F Taxpayer v SARSThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... More, the Tax Court of South Africa was tasked with evaluating the procedural compliance and statutory adherence of the South African Revenue ServiceThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... More (SARSThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... More) in the taxpayer’s appeal concerning assessments for the 2016 to 2018 tax years.

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Insights from Boerdery v SARS: Assessing Deductibility of Premiums in Farming

Case Summaries, FP News, International, International Tax, South Africa, South African Tax Law Programmes, Tax Dispute Resolution / ATL-Editor

In Boerdery v SARSThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... More, the South African Tax Court addressed whether premiums paid by Boerdery under insurance contracts with Company XYZ were deductible under section 11(a) of the Income TaxIncome Tax is a direct levy imposed by governments on the income generated by individuals, corporations, and other entities within a specific jurisdiction. It serves as a major source of revenue for governments and funds various public expenditures, such as infrastructure projects, healthcare, education, national security, and welfare programs. The tax is generally calculated as a percentage of the taxable... More Act. Boerdery claimed the premiums as deductible expenses, arguing they represented insurance costs necessary for its farming business.

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Bechan vs SARS: Search and Seizure Powers of Revenue Authorities

Case Summaries, FP News, International, International Tax, Postgraduate Programmes in South African Tax Law, South Africa, TP Case Summaries / ATL-Editor

The case of Bechan and Another v SARSThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... More Customs Investigations Unit and Others was heard by the Supreme Court of Appeal (SCA) of South Africa, where Mr. Kapeel Bechan, alongside his company, Bechan Consulting (Pty) Ltd, sought to reclaim property seized by SARSThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... More officials during a search warrant operation targeting Bullion Star (Pty) Ltd.

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The Thistle Trust vs C. South African Revenue Service: Understanding the Conduit Principle in Multi-Tiered Trusts

Case Summaries, Dispute Resolution, FP News, International, International Tax, Postgraduate Programmes in International Tax, Postgraduate Programmes in South African Tax Law, South Africa, Tax Dispute Resolution, TP Case Summaries, Trusts / ATL-Editor

In the landmark case of The Thistle TrustA comprehensive look at trusts in international tax law, including definitions, practical examples, key cases, and synonyms. More v Commissioner for the South African Revenue ServiceThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... More, the Constitutional Court of South Africa was tasked with examining the application of the conduit principleThe Conduit Principle in tax law refers to the notion that certain entities, such as intermediary companies or partnerships, act as mere channels or conduits in international financial transactions. Under this principle, the income earned by the conduit entity is not treated as its own for tax purposes but is instead attributed to its beneficial owner(s). The principle is often... More in the taxation of trustsA comprehensive look at trusts in international tax law, including definitions, practical examples, key cases, and synonyms. More, particularly focusing on how capital gainsCapital gains refer to the profit earned when an asset, such as real estate, stocks, bonds, or even a collectible, is sold or exchanged for a price that exceeds its original purchase cost. These gains are a critical component of personal and corporate finance, as they influence investment strategies and tax obligations. Capital gains are realised when an asset is... More are treated within a multi-tiered trust structureA Multi-Tiered Trust Structure is an intricate trust arrangement involving multiple layers of trusts or entities, often used in wealth preservation, tax planning, or asset protection strategies. In such a structure, one or more primary (or “master”) trusts may own or control other underlying trusts or subsidiary entities, each fulfilling a distinct legal, tax, or financial purpose. These setups can... More.

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Emerging Transfer Pricing Trends in Africa: Insights from Dr. Daniel Erasmus at the 13th Annual Africa TP Summit

Africa, Events, FP News, International Tax, Mauritius, SADC, South Africa, Tanzania, Tax Dispute Resolution, Transfer Pricing, Zimbabwe / ATL-Editor

In this insightful address at the 13th Annual Africa Transfer PricingTransfer pricing is a fundamental concept in international taxation that defines the pricing methods and rules applied to transactions between related entities within a multinational enterprise (MNE). In the context of tax regulations, it governs how prices for goods, services, or intangibles (such as intellectual property) are set when these items are exchanged between different branches, subsidiaries, or affiliates of... More Summit, Dr. Daniel N Erasmus explores the most pressing trends in transfer pricingTransfer pricing is a fundamental concept in international taxation that defines the pricing methods and rules applied to transactions between related entities within a multinational enterprise (MNE). In the context of tax regulations, it governs how prices for goods, services, or intangibles (such as intellectual property) are set when these items are exchanged between different branches, subsidiaries, or affiliates of... More across Africa and developing regions.

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How Changes in Tax Residency Impact South African Trusts

FP News, International Tax, South Africa, Trusts / Dr Daniel N Erasmus

The impact of tax residency on South African trustsA comprehensive look at trusts in international tax law, including definitions, practical examples, key cases, and synonyms. More introduces several complexities that require meticulous planning. This guide explores the critical challenges and tax implications associated with changes in tax residency, underlining the need for strategic foresight when managing trustsA comprehensive look at trusts in international tax law, including definitions, practical examples, key cases, and synonyms. More across different jurisdictions.

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13th Annual SAIT Transfer Pricing Summit 2024: Key Topics and Insights

Africa, FP News, South Africa, Transfer Pricing / Dr Daniel N Erasmus

The 13th SAIT (South African Institute for Taxation) Transfer PricingTransfer pricing is a fundamental concept in international taxation that defines the pricing methods and rules applied to transactions between related entities within a multinational enterprise (MNE). In the context of tax regulations, it governs how prices for goods, services, or intangibles (such as intellectual property) are set when these items are exchanged between different branches, subsidiaries, or affiliates of... More Summit 2024 is set to be a pivotal event for tax professionals and policymakers across the continent. This summit will address critical issues in transfer pricingTransfer pricing is a fundamental concept in international taxation that defines the pricing methods and rules applied to transactions between related entities within a multinational enterprise (MNE). In the context of tax regulations, it governs how prices for goods, services, or intangibles (such as intellectual property) are set when these items are exchanged between different branches, subsidiaries, or affiliates of... More, an increasingly significant field in South Africa and Africa’s economic landscape.

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Dr. Daniel N Erasmus to Address Key Transfer Pricing Challenges at Africa 2024 Conference

Africa, FP News, International, International Tax, Transfer Pricing / Dr Daniel N Erasmus

Dr. Daniel N Erasmus, a leading expert in international tax law and transfer pricing, will be a key speaker at the upcoming Online Transfer PricingTransfer pricing is a fundamental concept in international taxation that defines the pricing methods and rules applied to transactions between related entities within a multinational enterprise (MNE). In the context of tax regulations, it governs how prices for goods, services, or intangibles (such as intellectual property) are set when these items are exchanged between different branches, subsidiaries, or affiliates of... More Conference Africa 2024.

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