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Denny Da Silva

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Denny Da Silva is a Senior Tax Advisor in Baker McKenzie's Johannesburg office, with over 13 years' experience in corporate and international tax as well as the application of exchange control regulations. Aside from advising clients on tax and exchange control matters, Denny also guest lectures at the University of Johannesburg's M Com Tax programme.

The COVID-19 national lockdown has resulted in more employees having to work from home, a situation that could result in an indefinite arrangement for some. However, in terms of the Income Tax Act, employees must meet certain conditions to be able to claim a tax deduction for home office expenses. Prenisha Govender, Associate in the Tax Practice at Baker McKenzie in Johannesburg, assesses the fairness of these stipulations, considering changes due to the pandemic.

At the end of July 2020, the National Treasury in South Africa released the Draft Taxation Laws Amendment Bill for comment. The Bill includes proposed amendments to both section 15 and section 36 of the Income Tax Act, effectively noting that capital expenditure allowances are only available to taxpayers that hold the relevant mineral rights. The proposed amendment, if passed in its current form, means that contract miners will not be entitled to claim any accelerated capital expenditure allowances, and will have to claim allowances for capital expenditure in terms of other provisions in the Income Tax Act. Denny Da Silva, Senior Tax Advisor at Baker McKenzie in Johannesburg, explains how this will impact contract miners.

At the end of July 2020, the National Treasury in South Africa released the Draft Taxation Laws Amendment Bill for comment. The Bill includes proposed amendments to both section 15 and section 36 of the Income Tax Act, effectively noting that capital expenditure allowances are only available to taxpayers that hold the relevant mineral rights. The proposed amendment, if passed in its current form, means that contract miners will not be entitled to claim any accelerated capital expenditure allowances, and will have to claim allowances for capital expenditure in terms of other provisions in the Income Tax Act. Denny Da Silva, Senior Tax Advisor at Baker McKenzie in Johannesburg, explains how this will impact contract miners.

The South African Revenue Service released Binding General Ruling 54 on 22 June 2020, clarifying important aspects of the application of section 46 of the Income Tax Act regarding unbundling transactions and the distribution of unlisted shares. Denny Da Silva, Senior Tax Advisor in Johannesburg, outlines the details.