Every Contract Has a Tax Consequence
When drafting a contract, ignoring tax will often be to your peril. Every single contract in terms of which money or property changes hands has tax consequences for the parties involved. These consequences have been plainly evident in cases where people bought their fixed property in a Close Corporation or private company, thinking that because […]
How to Obtain the Right to Mine in South Africa?
How to Obtain the Right to Mine in South Africa? South Africa has the world’s fifth-largest mining sector in terms of gross domestic product value. The mineral wealth of the nation presents an opportunity for mining operations to be conducted on a large scale. However, due to the widespread disregard for legal processes, the mining […]
Property ownership transfer and the abstract theory
South African courts have adopted the abstract theory, which means that the validity of transferring ownership is not affected by whether the original transaction is valid. In the case of Legator McKenna Inc. v Shea [2009] 2 All SA 45 (SCA), McKenna, an attorney, was appointed as the curator of Mrs Shea’s estate because she […]
Expenses Must Be Intended to Produce Taxable Income
To successfully deduct an expense, there must be a link to earning taxable income. Section 11(a) of the Income Tax Act, the so-called ‘general deduction formula’, seems to have produced more court cases than virtually any other Section of the Act. And each time, the courts tell us the same thing: In order for you […]
Does a Settlement Agreement Constitute a Credit Agreement?
In a recent legal dispute, the court’s ruling brought to the forefront a perplexing issue that has long plagued the legal landscape: the classification of settlement agreements under the National Credit Act (NCA). The court’s decision, which emphasised the importance of preserving the amicable resolution of disputes, shed light on the intricate interplay between settlement […]
What is the Difference Between a Business Consultant and an Advisor?
In South Africa, where businesses often face unique challenges and opportunities, the roles of business consultants and advisors are often crucial. Both consultants and advisors provide strategic advice, but their approaches, areas of expertise, and the nature of their engagement with clients can differ significantly. Business consultant: Strategic expertise and specialised solutions Business consultants in […]
Offshore Investing: Why Local Is Not Always Lekker
Being patriotic is good when it comes to sports teams, but not necessarily for investments. Samuel Johnson’s quotation about patriotism being “the last refuge of a scoundrel” may well have represented the 18th-century poet and playwright’s disdain for contemporary British politics, but when it comes to being patriotic, it might be good when it comes […]
Understanding the Two-Pot Retirement System: Questions and Answers
As of 1 September 2024, significant changes have been introduced to the retirement landscape in South Africa with the implementation of the two-pot retirement system. This system allows members of pension funds, provident funds, and related schemes to access a portion of their savings while still working. With this shift, it is essential to understand […]