An important legal principle exists that few stakeholders consider or understand and allows for shareholders and directors who use the company structure to hide their fraudulent or dishonest activity to be held personally accountable for their actions. The benefit of...

Dividends tax is a tax which is imposed on shareholders on the receipt of dividends from companies and the purpose behind this form of tax is to make South Africa a more attractive international investment destination by eliminating the perception of a higher...

Introduction   Taxpayers often find themselves on the wrong end of the tax law in South Africa. A constant effort is made by taxpayers to restructure their finances for tax reasons and often increasingly sophisticated tax avoidance schemes are used to reduce...

Introduction: The relationship between a bank and its client is based on contract. The contract entered into between the bank and its client will vary depending on the services required by the client and contains elements of, inter alia, mandate. Despite this contract...

In September 2018 the Constitutional Court ruled that the private cultivation, possession and consumption of cannabis is legal. This ruling lead to great uncertainty from the South African public, especially regarding what is defined as ‘private’ and ‘personal’ use,...

An individual will be considered a resident in the Republic of South Africa (“South Africa”) for tax purposes if the individual can be considered an ordinary resident in terms of the common law or the physical presence test defined in terms of the Income Tax Act No....

Trusts are regulated by the Trust Property Control Act No. 57 of 1988 (“Trust Property Control Act”) and are defined as the arrangement through which the ownership in property of one person is, by virtue of a trust instrument, bequeathed: to the trustee to be...

In March 2020, an amendment to the South African Income Tax Act 58 of 1962 (“Income Tax Act”) will be made, this amendment will have an extremely negative impact on South African residents permanently or temporarily residing and earning an income in a country other...

In the global market one would adopt the mantle of a created entity to converge into the sphere of corporate competition.  In this regard one would have to consider the objective of the proposed business entity before even taking into account the plethora of methods...