Brian Kahn Inc

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 […]

Lenders of money are not all ‘money lenders’

Taxpayers’ actions need to back up what they claim to be. In many groups of companies, intra-group loans make sense as a way of funding the operations of the group.If the funds are sourced from outside the group by a borrower entity and then on-lent to other companies within the same group as the borrower, […]

Tax relief measures for small business from the effects of COVID-19

The last few months have been extremely tough for small business owners as a result of the global COVID-19 pandemic, and various lockdown measures that have created a challenging trading environment. The South African Revenue Service (“SARS”) has identified this hardship, and as a result, the National Treasury recently tabled the Disaster Management Tax Relief […]

When does a foreign system of law apply to your contract?

Let’s say I own a company in South Africa that makes and sells jewellery. The company is hugely successful and attracts international clients. A client who lives in Canada buys a piece of jewellery from my company, which is transported from South Africa to Canada. However, when the piece of jewellery arrives in Canada, the […]

Electronic signing of documentation

The commercial world is currently moving to greater levels of digitisation. Organisations are implementing automated and electronic solutions in an effort to improve efficiency and better the environmental footprint at the same time. The move to digitisation and electronic signatures prompted questions surrounding the legality of these documents. This article aims to highlight certain legal […]

Interest received by non-residents on SA bank accounts

Persons that are not tax resident in South Africa (“SA”) are only taxed in SA on income received by or which accrued to such non-resident from an SA source. This will include interest received on an SA bank account.1 Non-residents may, however, be exempt from SA income tax on interest earned in terms of section 10(1)(h) […]

Cryptocurrency

Cryptocurrency and blockchain has been the hot topic in the media the past year. It is a concept that few truly understand, and could change the future for everyone in a major way. But what is cryptocurrency and blockchain? Per the online dictionary: A cryptocurrency is a digital currency in which encryption techniques are used […]