In the past few months, there has been a significant increase in the administration and enforcement of exchange control laws, with our clients receiving compliance requests and enforcement demands issued by the South African Reserve Bank.

There are many examples of non-resident shareholders of South African companies failing to endorse their shares. This constitutes a breach of South Africa’s Exchange Control Regulations and may be subject to penalties and/or imprisonment. This endorsement should be carried out as soon as possible after the acquisition of shares, and if this was not done, it should be rectified straight away.

Carbon tax was introduced in 2019 to assist South Africa to deliver on commitments made in the Paris Agreement in 2015. This tax is expected to increase in the years ahead, and carbon-intensive businesses have spoken out about the negative impact of this tax on their bottom lines, especially as they continue to recover from the pandemic and invest in energy transition infrastructure. As the clean energy industry grows, so does the need for specific incentives or legislation to deal with certain spin-offs from the measures introduced to reduce exposure to carbon tax. As such, more policies that incentivize the reduction of carbon emissions and the transition to clean energy are likely to be announced in the coming years.

All but four of the OECD G20 Inclusive Framework members, including South Africa, have signed an agreement that will reform the world’s tax system. Two African countries – Kenya and Nigeria – have not yet signed the agreement. The new two-pillar system will set out a reallocation of taxing rights as well as a global minimum tax rate for certain organizations. It is expected that these changes will address global tax revenue imbalances, which is expected to benefit African countries.

Welcome to our first quarter issue of the Private Wealth Newsletter. Our featured insight for this issue is a discussion of the passage of the Corporate Transparency Act by the United States to introduce federally-mandated beneficial ownership reporting obligations for US corporations and limited liability companies. We also include insights…

In brief The South African Reserve Bank (SARB) has begun to implement a new capital flow management system in South Africa, with changes starting to come through in early 2021. In a circular issued on 4 January and effective from 1 January 2021, the SARB announced that the full “loop…

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.