Tax Practice
Most commercial transactions have taxation consequences.
Our Tax practice specialist team, working alongside our corporate and
commercial lawyers, integrate tax and legal expertise and market knowledge with
an understanding of our clients' business needs to deliver a holistic
service.
The synergies with our merger and acquisition and
banking and finance practices allow for the most tax efficient structure of a
transaction, from inception through to implementation.
The Tax Team
Patrick McGurk is a
director and head of the Tax practice and based in the Cape Town office. A
chartered accountant by training - he qualified as a CA (SA) in 1980 - and also
has Higher Diplomas in Tax Law and Company Law. Patrick has extensive
experience in corporate tax consulting on a number of national and
international clients, particularly in the insurance, financial services and
manufacturing industries.
Justin Liebenberg is a
director the Tax practice and based in the Sandton office. The combination of
his CA(SA) qualification and law degree as well as Higher Diplomas in Tax and
International Tax have placed him in an ideal position to consult on the many
facets of corporate tax consulting. He has experience in consulting to large
and medium sized companies across a number of industries on corporate tax
matters. He also has specific experience in assisting companies to formulate
and implement tax strategies and manage tax risk.
Other members of the current tax team are Mariette
Cruywagen and Ide Louw, both tax managers.
Key service offerings
The main focus of our Tax practice is to provide tax
advice on local and international corporate transactions and provides tax
consulting services, including the following main areas of taxation:
- Due diligences: Integral to any merger or acquisition is the
necessity to conduct a due diligence on the target entity. No due diligence is
complete without a review of the tax affairs of the entity to establish that
there are no significant undisclosed tax liabilities. The review would not be
limited to normal income tax, but would also include indirect taxes, PAYE, STC
and other taxes to which the entity may be exposed. The members of Cliffe
Dekker's tax team have a wealth of experience in conducting tax due diligences
on a wide variety of companies.
- Financial services tax: The rapid rate at which tax
legislation changes also means that financial structures and commercial
arrangements need to be reviewed on a regular basis to ensure compliance with
current legislation. Again, several members of the tax team have experience in
this area.
- Property transactions and capital allowance reviews: Cliffe
Dekker's Property/Real Estate practice is extensively involved in assisting
clients with property developments, security arrangements and funding
structures, all of which require tax input in order to minimise tax exposure
and to ensure participation in tax incentives offered by central and local
government. Tax assistance would also involve a detailed review of the costs
involved in the erection of buildings and structures to maximise the extent of
any capital allowances available.
- International tax: With the increased international emphasis
on South Africa as a base for investment into Africa, transactions involving
inbound and outbound investment have become common. Our proven track record in
cross border structuring and international affiliations means that Cliffe
Dekker's tax team is capable of delivering seamless advice at a truly global
level. Cliffe Dekker's alliance with global legal services organisation DLA
Piper, which includes a significant Tax group, gives our clients access to an
international network which stretches across 22 countries and 59 offices in
Europe, the Middle East, Africa, Asia and the US. This meaningful partnership
clearly has real and immediate benefits in international tax structuring.
- Employee benefits: The onerous obligations placed on public
officers of companies and other representative taxpayers necessitate a thorough
knowledge of the tax provisions relating to them. These include the application
of PAYE to independent contractors and in respect of fringe benefits, share
schemes and other benefits provided by employers. A close working relationship
with the Employment practice will assist in identifying potential
non-compliance as well as opportunities of restructuring employment benefits,
including share incentive schemes, to improve tax efficiency.
- SARS liaison: Hands-on involvement with client matters has
resulted in team members having valuable experience in interacting with SARS,
specifically in dispute resolution and obtaining rulings. This will link in
effectively with Cliffe Dekker's Dispute Resolution: Litigation &
Arbitration practice.
For further information or assistance please contact:
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