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ENSafrica | July 2014

  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’) ...

ENSafrica | July 2014

  In the case of Saipem Contracting Nigeria Ltd,  Saipem (Portugal) Comercio Maritimo, SU, LDA (Saipem Portugal) and Saipem S.A ...

ENSafrica | July 2014

  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 ...

ENSafrica | July 2014

In 2014, China’s Premier Li Keqiang chose Africa as the destination for his very first foreign trip, marking a milestone in China-Africa cooperation. His travels commenced on 4 May and included countries such as Ethiopia, Nigeria, Angola, and Kenya. Premier Li’s visit undoubtedly reflects the emphasis China is placing on Africa ...

MinterEllison | July 2014

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 ...

Waller | July 2014

Yesterday, July 22, 2014, the Senate Finance Committee held a hearing at which the so-called corporate inversions of U.S. multinationals were a key topic. The hearing followed U.S. Treasury Secretary Jacob Lew’s July 15 letter to congressional tax writers urging immediate legislative action to stop corporate inversions of U.S. companies. Generally, a corporate inversion is a transaction in which a U.S. multinational group with a U.S. parent corporation restructures so that the U.S ...

ENSafrica | July 2014

During 2013, a treasury management company regime was introduced for exchange control purposes to encourage the establishment of group treasury management functions in South Africa and to further enhance South Africa’s position as a “gateway into Africa” ...

ENSafrica | July 2014

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 ...

ENSafrica | July 2014

KENYA: Mauritius Double Tax Agreement ratified The double tax agreement (DTA) between Kenya and Mauritius, which was signed by the Mauritian government in May 2012, has been ratified by the Kenyan parliament on 23 May 2014 and will come into effect on 1 January 2015 ...

Deacons | July 2014

The Anti-Monopoly Bureau (AMB) of the Ministry of Commerce of China (MOFCOM) has recently published the following provisions and guidelines relating to the review procedure for merger clearance with AMB (AMB Clearance): (1) "Tentative Provisions on Standards for Simple Cases of Concentration of Undertakings " (Standards), published on 11 February 2014; (2) Trial Guidelines on Notification of Simple Cases of Concentration of Undertakings" (Trial Guidelines) , published on 18 April 2014; and (3) R

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 ...

Pellerano & Herrera | August 2014

Almost exactly a decade ago, on August 5, 2004, the United States signed the Dominican Republic-Central America-United States Free Trade Agreement ("DR-CAFTA") with the Dominican Republic and five Central American counties (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua)>  The DR-CAFTA, which was the very first free trade agreement between the United States and a group of smaller developing economies, entered into force for the United State, El Salvador, Guatemala, Honduras,

ENSafrica | August 2014

Protection of the use of the term “Rooibos” has long been a topical issue.  However, an economic partnership agreement between Southern African nations and the European Union (EU) has recently been signed which will secure geographic indicator status for rooibos tea in the EU.  This is the latest in a number of acts by the South African government which has secured intellectual property protection for the indigenous brew ...

Asters | August 2014

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 ...

ENSafrica | August 2014

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”) ...

ENSafrica | August 2014

Launch of South African City Domain Name Extensions Three South African city domain names extensions have recently been launched, namely .Joburg, .Durban and .Capetown. It is very important for clients that own co.za domain names, or South African trade marks, to register the matching city domain name extensions. The launch of the city domain name extensions commenced with the Sunrise and land rush phases running concurrently ...

ENSafrica | August 2014

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 ...

ENSafrica | August 2014

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 ...

PLMJ | August 2014

PLMJ has launched the new version of its Portugal Investment Guide, which reflects PLMJ’s experience in handling innumerable investment projects in Portugal in a range of sectors, throughout its 45-year history.This Investment Guide proves that Portugal has increasingly competitive conditions – in terms of technology, workforce, infrastructure, logistics, geography, law and tax – to continue to attract large-scale investment projects ...

Brigard Urrutia | August 2014

After signing the Bilateral Investment Treaties (“BITs”) with Turkey on July 28 and with France on July 10, and ratifying the BIT with Japan on June 25, Colombia significantly moves forward on the protection of foreign investments. These agreements pursue the establishment of a fair, safe and transparent juridical framework in order to draw foreign investors to Colombia and bolster Colombian investments abroad ...

Wardynski & Partners | September 2014

On 25 June 2014 the European Commission announced adoption of the Commission Communication “Notice on agreements of minor importance which do not appreciably restrict competition under Article 101(1) of the Treaty on the Functioning of the European Union (De Minimis Notice).” The De Minimis Notice was published in the Official Journal on 30 August 2014 (OJ C 291/1). The De Minimis Notice follows the existing practice of the Commission and the case law of the European Court of Justice ...

FISCHER (FBC & Co.) | September 2014

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 ...

Lawson Lundell LLP | September 2014

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 ...

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 ...

Consortium Legal Honduras | September 2014

The Ministry of Finance announced that an improvement in the online inquiry concerning the value of declared merchandises intends to reduce under-declaration in 20%. For the purpose of establishing better controls on imported merchandises, the National Service of Customs of the Ministry of Finance has intensified and integrated software tools to apply in a more efficient and effective manner instruments of control over the value declared for the entry and exit of goods ...

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