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Tax Advisory Services
Tax law and practice have become extremely complex in the modern business world. Every year there are changes to the tax law, which are both comprehensive and voluminous. Regulators are placing emphasis on accurate reporting and good tax compliance, with severe penalties being imposed in the event of failure to do so.
This rapidly changing tax environment makes it difficult for the man in the street to stay up to date. This presents a risk to taxpayers of “getting it wrong” and the possibility of severe negative financial consequences to them.
It is our strategy to build solid relationships with our clients to ensure that they adopt good corporate tax governance practices on the one hand, and to provide them with innovative and tax-efficient solutions in respect of their business affairs on the other hand.
Our ranges of tax services cover, among other things, the following areas:
• Corporate tax (e.g. corporate structuring and reorganisations, BEE transactions, tax exemption and tax deduction optimisation, government incentives, capital gains tax planning, tax due diligences, etc.)
• Individual tax (e.g. fringe benefit planning, retirement planning, estate planning, etc.)
• International tax planning (e.g. controlled foreign companies planning and advice, inbound and outbound investment structures, transfer pricing solutions, using double tax agreements effectively, thin capitalisation solutions)
• Mergers and acquisitions (e.g. pre-transaction planning and services (such as developing tax efficient acquisition structures), execution services (such as due diligences) and post-transaction services (such as tax optimisation for future acquisitions), etc.)
• Dividends tax and other withholding taxes (e.g. withholding tax on interest)
• Tax opinions
Tax Litigation Services
Initially, the tax courts were set up to deal with tax disputes in an informal manner. In a forever changing and complex world, tax procedure in litigation has had to keep up with the demanding requirements of Governments facing fiscal pressures and developments in the modern business world. Furthermore, the Constitution of South Africa now affords citizens with extensive constitutional rights, requiring alignment with tax litigation and those rights.
In recent years new rules of the Tax Court have been introduced (which to a large extent follow procedural rules as set out in the Uniform Rules of the High Court of South Africa), and the Tax Administration Act has been promulgated. It is important, for instances, that grounds of objection are properly drafted at the initial stages as one may find that one is out of court without a remedy to amend those grounds. We aim to assist clients in the tax litigation process to deal with two unknown factors when tax litigation is initiated, viz. to trounce SARS’ case through our knowledge of tax law and to sway the tax court’s decision through our presentation of the facts.
Our ranges of tax litigation services cover, among other things, the following areas:
• To present arguments or gather information at pre-objection stage
• Preparation of grounds of objection
• Preparation of grounds of appeal
• Appearance at alternative dispute resolution procedures
• Preparation of Stated Grounds of Appeal
• Assistance through the discovery process
• Appearance at the pre-trial conference
• Assistance in instructing counsel for the case
• Settlement of disputes
• Assistance in applications for write-offs or compromises of tax debts
• Voluntary Disclosure Programme applications
Indirect Tax Services
For organisations looking to manage and mitigate their indirect taxes (VAT and withholding taxes), we provide a range of innovative solutions.
Indirect tax management becomes important where organisations wish to maximise VAT recovery, increase margins, group efficiency in inter-group transactions, improve cash flow and are involved in cross-border transactions.
Our ranges of indirect tax services cover, among other things, the following areas:
• Advice concerning the minimisation of indirect taxes
• Assistance to maximise cash flows
• Advice on the maintenance of management control over indirect tax spend
• Assistance with VAT registrations, completion of VAT returns or other indirect tax compliance requirements
• Assistance in the interpretation of complex VAT Regulations
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