On 22 March 2016, the Organisation for Economic Development and Co-operation (“OECD”) released a standardised electronic format to facilitate the consistent and uniform preparation, filing and exchange of Country-by-Country (“CbC”) reports. The CbC reports will be transmitted between revenue authorities in accordance with the Extensible Markup Language Schema (“XML Schema”),which is a data structure for electronically holding and transmitting information ...
In terms of paragraph 2(1) of the Fourth Schedule to the Income Tax Act, 1962 (the “Act”), every employer, who is a resident of South Africa, or representative employer in the case of any employer who is not a resident, (whether or not registered as an employer under paragraph 15) who pays or is liable to pay any amount by way of remuneration to any employee shall, unless the Commissioner for the South African Revenue Service (“SARS”) has granted authority
A recent Constitutional Court judgment is an important reminder to employers that employees must be granted a fair opportunity to ventilate their case at a disciplinary hearing. Failure to do so could result in an award for compensation against the employer, even when the misconduct was of a very serious nature and the employer was justified in dismissing the employee ...
The modern world of technology has undoubtedly changed the manner in which we collect evidence as well as the types of evidence relied on in arbitration proceedings and trials. One such example is the increased use of digital and printed evidence. The reliance on computerised data and its credibility was explored in the recent case of Eskom Holdings SOC Limited v Ravichandran Reddy. In this matter, Mr Reddy, a zone manager at Eskom, was a beneficiary of Eskom’s managerial car scheme ...
In consideration of the COVID-19 outbreak in Mauritius we want to take this opportunity to inform you of our business continuity and safeguarding procedures.ENSafrica’s top priority is to preserve the health and well-being of its people, its clients, all its business partners and their familiesas well as the ongoing success of business operations ...
Background As you no doubt know, the coronavirus (COVID-19) has been declared to be a pandemic by the World Health Organisation (“WHO”).In this time of global crisis, what is most key-critical to us, is that we continue to look after the wellness of our people while we service your business’s requirements and structure ourselves in a way that we are able deliver to you at the level you have come to expect of ENSafrica ...
The fast-changing landscape of competition law in AfricaAt the turn of the century, only a handful of Africa’s 54 nation states had operational competition legislation and enforcement. However, in line with developments in the rest of the world, many African countries have since enacted competition legislation and established working competition authorities ...
Case Law The Tax Court of South Africa, Cape Town IT 24819 whether insufficiency of funds was not reasonably foreseeable, and therefore constitutes reasonable grounds for non-payment of employees tax, considered. correct interpretation of the number of days for payment of employees tax considered as a point in limine. find a copy of this judgment here ...
employment Update to C19 TERS and tax treatment of C19 TERS benefit Lauren Salt (ENSafrica Employment) and Arnaaz Camay (ENSafrica Tax) summarise the latest amendments to the COVID-19 Temporary Relief Scheme (“C19 TERS”), 2020 directive. They also consider the tax implications of C19 TERS benefits. Clickhereto read the full article ...
ENSafrica’s 2016 Anti-Bribery and Corruption Survey Results Overview ENSafrica’s third annual anti-bribery and corruption (“ABC”) survey has revealed that 39% of respondents have experienced incidents of bribery or corruption in the last 24 months. The key question addressed in the survey was whether or not companies are putting proportionate measures in place to deal with the rising risks of bribery and corruption ...
S African countries grapple with the measures necessary to meet their nationally determined commitments (“NDCs”) under the Paris Agreement, it is critical to be primed to attract sustainable finance, and for central banks and regulators in each country to create a fertile environment for this redirection of capital ...
As African countries grapple with the measures necessary to meet their nationally determined commitments (“NDCs”) under the Paris Agreement, it is critical to be primed to attract sustainable finance, and for central banks and regulators in each country to create a fertile environment for this redirection of capital ...
A recent decision in Germany has resulted in a hefty fine being imposed on an employer for violations of the European Union’s General Data Protection Regulations (“GDPR”). The decision is a strong warning to South African employers to not overprocess their employees’ information ...
In the 2017 South African Budget Review, specific statements were made from a tax and exchange control perspective in relation to fund managers. We briefly consider below whether these statements constitute a relaxation of the exchange control restrictions applicable to South African residents, and the taxes to be considered ...
For years, the South African securities lending industry has been lobbying for an exemption from securities transfer tax (“STT”) for the outright transfer of listed equity securities as collateral. On 8 January 2016, the Taxation Laws Amendment Act 25 of 2015 was promulgated, which includes the long-awaited introduction to the Securities Transfer Tax Act 25 of 2007 (the “STT Act”) of such an exemption ...
Gone are the days when a helicopter had to be hired to secure fantastic shots of a neighbourhood or local stadium in anticipation of a major public or private event. Drones have ushered in a new kind of photography and can be used in many instances and applications even in traditional industries like agriculture or last mile logistics. One of the primary functions of using drones is to capture, store and transmit data ...
A recent report published by the White House Council of Economic Advisers (“CEA”) on drug pricing in the United States of America has put the cost of medicine and the access thereto by the poor, firmly back in the spotlight. And on a global scale. In the CEA report, President Donald Trump’s administration argues that the USA pays higher prices for pharmaceuticals because other developed countries have systems in place to actively force down drug pricing ...
The use of fixed-term employment contracts has been the subject of contention for many years. Opponents to their use have argued that because these contracts terminate automatically after the period of time for which they have been entered into, they can be used to avoid liability for unfair dismissal ...
Since the G7 meeting on 5 June when the G7 finance ministers announced a global corporation tax of at least 15%, there has been much written and spoken about the new proposed global minimum tax rate. Janet Yellen, the US Treasury Secretary, called the agreement a “historic day for economic diplomacy” ...
On 18 March 2019, South Africa’s National Treasury published revised Electronic Services Regulations, significantly expanding the scope of electronically supplied services that are subject to value-added tax (“VAT”). The publication follows the Minister of Finance’s announcement in the 2017 Budget Review that the regulations defining electronic services would be broadened ...
In addition to registering their trade marks with the Companies and Intellectual Property Commission (“CIPC”), brand owners should ensure that their trade marks are protected online. One way of doing this is by registering a domain name. What is a Domain Name?A domain name allows a party to establish its identity on the internet. It assists internet users to easily identify brand owners on the internet and to access their sites on the web ...
In addition to registering your trade mark with the Companies and Intellectual Property Commission (“CIPC”), brand owners should also ensure that their trade marks are protected online. One way of doing so, is by registering a domain name. What is a domain name? A domain name allows a party to establish its identity on the internet. It assists internet users to easily identify you on the internet and to access your site on the web ...
