The first black woman professor in UNISA’s College of Law is a recent recipient of a national “Distinguished Women in Science” Award presented to her by the then Science and Technology minister Naledi Pandor… Professor Annet Wanyana Oguttu met her husband James at Makerere University in their native Uganda while pursuing her bachelor’s degree in law. She graduated in 1993 and worked briefly as a legal assistant with Mayanja Nkangi and Company Advocates before relocating to Lesotho.
Author: Nyasha Musviba
Prof Annet Oguttu – tax law pioneer
Author: Yolande Botha (Tax Talk Editor) Annet Wanyana Oguttu is one of the country’s most accomplished tax professionals. Professor Oguttu completed her doctorate in Tax Law at UNISA in 2008 and she is currently a professor of Tax Law at UNISA where she is the first black woman to hold the position of full professor in the College of Law. She talks to us about her career and her life beyond tax.
Keeping the lid on Pandora's box
Author: Lisa Brunton (Cliffe Dekker Hofmeyr) Analysis of the recent Kluh Investments (Pty) Ltd v Commissioner for the South African Revenue Service case. If only all judgments were formulated with the elegant reasoning and perspicacity of the judgment delivered by Rogers J in the Western Cape Division of the High Court in Kluh Investments (Pty) Ltd v Commissioner for the South African Revenue Service (case number A48/2014, as yet unreported) on 9 September 2014.
Rebates on foreign withholding taxes paid
Author: Manri Oosthuizen (Moore Stephens) An explanation of rebates on foreign withholding taxes paid in accordance with 6quin of the Income Tax Act 58. It is a common occurrence in many South African businesses to transact with customers outside our borders, especially with customers in the rest of Africa. In most of these transactions, in particular services such as IT-related and management, tax is withheld by the customer in the African country. Tax withheld is based on the invoice amount of the transaction with rates as high as 25 percent.
Everything you need to know about STC credits
Author: Mike Dingley (Mazars) Dividends Tax has been payable since 1 April 2012. Prior to this, resident companies that declared dividends were subject to Secondary Tax on Companies (‘STC’). Under the Dividends Tax regime when a company pays a dividend, it is, subject to certain requirements, allowed to deduct unused STC credits from the dividend amount in calculating the amount subject to Dividends Tax. Some changes are in the pipeline though, but for those who need a better understanding, here are some points to note.
The new tax court rules
Author: Alan Lewis (ACBS) This article considers some of the new rules, and their possible impact, on the future litigation process in the tax court. On 11 July 2014, the Minister of Finance promulgated new rules, governing the procedures to lodge an objection and appeal against an assessment, and related matters (“the new rules”). These rules replaced the previous rules, which had been promulgated on 1 April 2003.
Crossborder taxation
Author: Albertus Marais (Mazars) Delving deeper into South African corporate tax residence rules. Tax advisors are often approached by disillusioned corporate clients who have a group company which has been incorporated offshore (quite often in a low-tax jurisdiction such as Mauritius), and which has been assessed by the South African Revenue Services (SARS) on the basis that the company is a tax resident in South Africa. Quite often these structures were set up by previous tax advisors who failed to explain the practical implications linked to having an offshore company, and what needs to be done practically to have that company’s tax residence offshore.
Wearing glasses in the eyes of SARS
Author: Mark Bechard (Iol) The fact that you wear glasses or contact lenses does not in itself mean you have a physical impairment and can claim tax relief for related medical expenses. The medical expense section of your South African Revenue Service (SARS) tax return has a field for “any physical impairment expenses not recovered from your medical scheme”.
Proposed modifications to the transfer pricing guidelines relating to low value-adding intra-group services
Author: Emil Brincker (DLA Cliffe Dekker Hofmeyr) The Organisation for Economic Co-operation and Development (OECD) released a public discussion draft (DD) pertaining to the Base Erosion and Profit Shifting (BEPS) Action Plan 10 on 3 November 2014. The DD intends to reduce the scope for erosion of the tax base by means of the charging of excessive management fees and head office expenses.
Private Binding Ruling on withholding tax on interest and the application of a treaty
Author: Heinrich Louw (DLA Cliffe Dekker Hofmeyr) The South African Revenue Service (SARS) issued Binding Private Ruling No 181 (Ruling) on 4 November 2014, which deals with the application of a treaty for the avoidance of double taxation to withholding tax on interest. The applicants were three companies incorporated and tax resident in South Africa, who intend to construct wind farms in South Africa. The Danish Government, through a funding scheme, intends to provide funding to the applicants for purposes of constructing the wind farms. Once the projects are complete, interest will become payable by the Danish Government (via the funding scheme) in respect of the funding, the term being a period of 15 years.