Experts’ Corner

Choose an issue to find out the expert’s advice

What to do about unauthorised Foreign assets inherited from a deceased estate

Sonja Frank

If you inherited foreign assets from the estate of a late South- African resident, you must be able to answer the following two questions in the affirmative: (read more)

Is a written transfer pricing policy a SARS REQUIREMENT?

Sonja Frank

Many multinational companies are engaging in intercompany transactions throughout the world in order to increase profits and to take advantage of any tax benefits that may arise.  Such transactions have raised various concerns with international Tax Authorities. (read more)

Dealing With Suspect Ill Health Absenteeism & Fraudulent Medical Certificates

Prof Barney Jordaan

Phoney or fraudulent medical certificates and suspect ill health absenteeism remain perennial problems for employers. In this article we focus on the circumstances under which you, as a manager, may fairly refuse to pay for sick leave, when you may take action against employees for fraud, and what you can do about unacceptable ill health absenteeism. (read more)

Employer rights in the event of pregnancy and during maternity leave

Prof Barney Jordaan

Does a job applicant need to disclose her pregnancy status to an employer? May an employer take disciplinary action against an employee who at the time of appointment failed to disclose her pregnancy? Or lied about it? May an employee who is on maternity leave be dismissed for genuine performance, disciplinary or redundancy reasons? (read more)

Davis Tax Committee - Few Shocks On Estate Duty and Trusts Expected in 2017

Herman van der Merwe

On 13 July 2015 the Davis Tax Committee brought out its first interim report on estate duty (and trusts).  (read more)

Embracing and Resolving Differences

Prof Barney Jordaan

Conflict is an inevitable and potentially valuable part of human existence. Yet most of us are ill-equipped to deal with differences in a constructive, efficient and relationship-preserving way, whether in the personal, political or organisational context. Statistics confirm this. For example, a 2009 UK survey of over 600 senior business people revealed that only 37 % regarded themselves as being adequately trained to cope with business conflict. (read more)

Expired Warnings Don't Disappear

Prof Barney Jordaan

Here’s a typical scenario: an employee with a poor disciplinary record again transgresses, but the previous warnings for similar incidents have expired. May the employer consider the employee’s disciplinary history as a whole when deciding on a fresh sanction, although some or all of the warnings have lapsed? (read more)

Why is the Management of Under-Performance So Difficult

Prof Barney Jordaan

Ask any HR or line manager what their organisation’s biggest employee-related headache is and they are more than likely to tell you that it is employee under-performance. Then ask them how many terminations they’ve had, for example, over the past 12 months for under-performance compared to misconduct. Almost without exception the response will be that there have been a number of the latter, but hardly any (if at all) of the former. (read more)

'Under Protest' - The New Exchange Control Buzzword
- Published on Moneyweb 9 October 2014

Michael Heath

So the exciting news last week was that the South African Reserve Bank (Sarb) was ordered to pay R250 million (plus interest) to Mark Shuttleworth, who in turn will be using these funds for “the greater good”. (read more)

Accommodating Cultural Beliefs and Indigenous Customs

Prof Barney Jordaan

Recent newspaper reports imply that the Labour Appeal Court as now decided that employers now have to accept ‘sick’ certificates from sangomas. This is not the case: sangomas are not yet able to register with the Health Professions Council and therefore cannot issue valid sick certificates. (read more)

Are you prepared for a Transfer Pricing Audit?

Sonja Frank

A significant volume of global trade consists of transactions where goods, services, capital and intangibles (such as Intellectual Property and Royalties) are transferred between the various entities of a Multinational Corporation. Where one of these entities is a resident of South Africa, SARS may test these transactions against the provisions of Section 31 of the Income Tax Act, taking into account the interpretation as set out in Income Tax Act, Practice Note No. 7 of 1999 (“PN 7”), to evaluate if a tax benefit was derived by any party to the transaction. (read more)

Revision of Small Business Corporation (‘SBC’) tax relief

Sonja Frank

On 17 July 2014, the National Treasury released the draft Taxation Laws Amendment Bill (‘TLAB’) which aims to give effect to the various tax proposals announced in the 2014 budget speech. In the TLAB for 2014, the revision of the Small Business Corporation (‘SBC’) tax regime was proposed. (read more)

Dealing with Suspected Employee Dishonesty

Prof Barney Jordaan

What actions can fairly be taken to apprehend employees suspected of dishonesty? Employers have every right to protect their assets and to institute any reasonable steps required to do so, such as the use of searching procedures, surveillance equipment and administrative checks. (read more)

Last modified: Wednesday, 14 June 2017, 1:33 PM