Africa

Transfer pricing disputes to threaten big companies’ profit growth

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 […]

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S.Africa: When does tax avoidance apply

By ENSAfrica Groups of companies often wish to restructure or rationalise their operations. This generally involves a transfer of companies and/or assets between various entities. There are many commercial drivers for such transactions. There are also a variety of ways in which the group can achieve its commercial goals. Depending on how the transactions are

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Zimbabwe slaps ‘catastrophic’ tax on electronic transactions

Zimbabwe slaps ‘catastrophic’ tax on electronic transactions Zimbabwe’s newly appointed Finance and Economic Development Minister Mthuli Ncube has announced a 2 cents per dollar tax on electronic transactions as the country moves to widen its tax baseThe tax base is a fundamental concept in taxation, representing the total amount of economic activity or assets upon

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Africa: Internet taxes

The growth in online media platforms has caught a number of African countries off guard. Some, including Kenya, Tanzania, Uganda, and Zambia, have taken steps to control online activity – the playground for the shadow economy. The approaches have ranged from introducing new taxes to passing new restrictive laws and internet taxes. George Ogola warns

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Canada: TP case – Cameco’s Canada Tax Court Victory Brings Relief for Companies

Canada: Cameco’s Canada Tax Court Victory Brings Relief for Companies • Court rejects government’s arguments of “sham” transactions • Lawyers divided on whether ruling harms OECDThe Organisation for Economic Co-operation and Development (OECD) is an international organisation comprising 38 member countries, established to foster economic growth, trade, and development on a global scale. Founded in 1961, the

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Africa: The Rising Tide of Tax Disputes

The Rising Tide of Tax DisputesTax Disputes arise when there is a disagreement between taxpayers and tax authorities regarding the interpretation or application of tax laws. These disputes may concern various issues such as the accuracy of a tax return, the eligibility for tax deductions or credits, the correct amount of tax liability, or transfer

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GHANA: High Court rules that payment of minimum disputed amount is a prerequisite for filing an appeal

GHANA: High Court rules that payment of minimum disputed amount is a prerequisite for filing an appeal by Renier van Rensburg The Commercial Division of the High Court, in its decision of 13 July 2018, in the case of Beiersdorf Ghana Limited v. The Commissioner General of the Ghana Revenue Authority (CM/TAX/0001/2018), ruled that the payment of

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S.Africa: Cons Court – when can an official (SARS and others) be held personally liable for damages?

Black Sash Trust (Freedom Under Law Intervening) v Minister of Social Development and Others (Corruption Watch (NPC) RF and South African Post Office Soc Limited as Amici Curiae) Case Number: CCT48/17C Citations: [2018] ZACC 36 Judge: Froneman J Judgment Date: 27 September 2018 Case History: This judgment deals with the issue of costs left open

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S.Africa: No tax deduction for damages paid for deliberate breach of supply contract

by Cliffe Dekker Homeyr – Ben Strauss and Jerome Brink South African courts have held, on a number of occasions, that taxpayers are entitled to deduct damages or compensation paid to third parties. However, this principle does not apply in all cases. The case of Kangra Group (Pty) Ltd v Commissioner for SARSThe South African Revenue Service (SARS) is

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