The approval of amendments to the Tax Code and the creation of new taxes have caused upset and criticism among business sectors in El Salvador, accusations that they will affect competitiveness and a better economic performance, and lead to an increased cost of living ...
The Scottish electorate has voted ‘no’ to independence. However, the ‘no’ vote will still result in constitutional change for Scotland, not least because of the pledge by all main UK political parties to devolve further powers to the Scottish Parliament. Additionally, key provisions of the Scotland Act 2012 will come into force over the next two years giving the Scottish government additional powers and a referendum on the UK’s membership of the EU is proposed for 2017 ...
Those words were written nearly a decade ago and described, in brief, the complicated and confusing legal world of wills, estates and succession. The Report from which that quote comes recommended a wholesale overhaul of this area of the law. The B.C. Legislature, various interest groups and the legal community have been working on such a revision to this area of the law since ...
Recently, there have been indications that the Israel Tax Authority (the "ITA") is strengthening its ties with foreign tax authorities and banks in order to obtain information on Israelis who hold unreported bank accounts overseas ...
On 17 May 2011 the National Assembly adopted the Law on Notary Public (“the Law”), which came into effect on 1 September 2014. The new Law introduces the Notary Public into the Serbian legal system, which should help to relieve the judiciary, improve its efficiency, and improve legal security. A Notary Public is an independent and autonomous legal expert, who performs a service of public trust ...
The World Pension Summit (Africa), first of its kind in Africa, was hosted in Abuja on 7 and 8 July 2014. The summit focused on African developments in the pension industry and coincided with the 10th anniversary of the pension reform in Nigeria that led to the enactment of the Pension Reform Act No 2 of 2004 (“the 2004 Act”) ...
Under the provisions of the Tax Administration Act, the Commissioner: South African Revenue Service (‘SARS’) is entitled to request that a taxpayer submits relevant material that SARS requires in terms of section 46 of the Tax Administration Act No. 28 of 2011 (‘TAA’). Section 1 of the TAA in turn defines ‘relevant material’ as meaning: “any information, document or thing that is foreseeably relevant for the administration of a Tax Act as referred to in section 3 ...
The implications of FATCA in South Africa (written exclusively for Bloomberg BNA, Tax Planning International, European Tax Service, volume 16, number 7, July 2014) Written by Hanneke Farrand, director, and Caroline Rogers, senior associate, both in the tax department at ENSafrica. I. Background The Foreign Account Tax Compliance Act (FATCA) was enacted in 2010 by the USto target non-compliance by US taxpayers using foreign accounts ...
On 3 August 2014, Law of Ukraine "On Amending the Tax Code of Ukraine and Certain Other Legislative Acts of Ukraine" No. 1621-VII which was adopted on 31 July 2014 for creating conditions to increase financial inflow into the state budget (the "Law"), came into force. Implementation of the proposed regulations will provide a possibility to boost in 2014 the resources of Ukraine's unified budget for nearly UAH 10.3 bn ...
On 25 July 2014, Cyprus signed and ratified an Agreement for the avoidance of double taxation with the Swiss Confederation, with respect to Taxes on Income and on Capital, as well as the relevant Protocol. The Agreement will contribute to the further development of trade and economic relations between Cyprus and the Swiss Confederation, as well as other countries ...
It is no hidden secret that unemployment in South Africa remains considerably high. According to the World Economic Forum Global Risk 2014 Report, structural unemployment and underemployment appears second overall in the Ten Global Risks of Highest Concern as many people in both advanced and emerging economies struggle to find jobs. The youth and minorities are especially vulnerable ...
Foreign investors in Australian entities may be unaware that in some circumstances the Australian Taxation Office (ATO) can assess them for Australian tax on gains made from the sale of their investment. The circumstances in which tax can arise are described in this article. In addition, law changes are proposed which (amongst other matters) would, from 1 July 2016, require purchasers to withhold 10% from the purchase price and pay that to the ATO in some circumstances ...
A Taxpayers’ Charter setting out the rights and obligations of taxpayers in South Africa was published for the first time during 1997. That Charter contained a statement of intent insofar as taxpayers’ rights in South Africa is concerned. On 19 October 2005 the SARS Client Service Charter was released setting out the levels of service that taxpayers could expect in their dealings with the South African Revenue Service (‘SARS’) ...
Possession, as they say, is nine tenths of the law. Generally in commercial litigation where, for example, a claim for an outstanding amount is brought against a party, such party is not required to make payment to the claimant until a court has adjudicated on the matter. However, when it comes to matters of tax, the Tax Administration Act, No ...
In terms of the current Tax Court rules published under the Income Tax Act No. 58 of 1962, where the Commissioner for the South African Revenue Service (“SARS”) did not comply with the prescribed time frames in respect of dispute resolution, practically, there was little that a taxpayer could do. This could change in terms of the proposed new Tax Court rules expected to come into force later this year ...
The South African Revenue Service (“SARS”) introduced a new streamlined process primarily geared towards the single registration of a taxpayer across applicable tax types. This system was implemented on 12 May 2014. Prior to this system, processes at SARS required that a taxpayer be registered at a SARS branch on several interfaces relating to each tax type ...
AFRICA TAX IN BRIEF KENYA: Chinese companies investigated by Revenue Authorities Local media reports of 30 May 2014 announce that the Kenya Revenue Authority (KRA) is investigating a number of Chinese companies suspected of evading tax. KRA Commissioner General John Njiraini said it is suspected that some Chinese-owned businesses are either under- or mis-declaring cargo ...
On 7th March 2014 the Supreme Court of Appeal delivered judgment in the as yet unreported case of Commissioner for the South African Revenue Service v Mobile Telephone Networks Holdings (Pty) Ltd, (966/2012) [2014] ZASCA 4 (7 March 2014) which dealt with the deductibility of audit fees incurred for a dual or mixed purpose and the apportionment thereof for tax purposes in the light of section 11(a) of the Income Tax Act 58 of 1962, as amended (‘the Act’) read with sections 23(f)
The Tax Administration Act 28 of 2011 (“Tax Administration Act”) came into effect on 1 October 2012 (save for certain provisions that are still to come into force). This important piece of legislation seeks to incorporate into one Act all those administrative provisions (except for customs and excise) that are generic to all tax Acts and that were previously duplicated across all the different tax Acts ...
The Internal Revenue Service (IRS) has introduced a new, shorter form of the exemption application for Section 501(c)(3) status—the Form 1023-EZ. Previously, most organizations seeking federal income tax exemption under Section 501(c)(3) were required to complete the full 26-page (plus attachments) Form 1023, regardless of their anticipated funding or the complexity of their activities ...