Tag Archives: Company

Tax consequences of company loans to connected persons

The current article will focus on the provisions of section 64E(4), a section that determines the income tax consequences of low-interest or interest-free loans between companies and connected persons. Loans between companies and their connected persons are not uncommon in … Continue reading

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RING-FENCING OF ASSESSED LOSSES OF CERTAIN TRADES – PART I

Persons are generally allowed to set off any losses incurred in respect of one trade against the income derived from another trade, thereby reducing their overall tax liability. However, section 20A of the Income Tax Act[1]ring-fences losses incurred by natural … Continue reading

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BUYING OUT SHAREHOLDERS

We are often approached by clients to advise on the most tax efficient manner in which a shareholder can sell an investment in a private company. Typically, the parties involve a majority shareholder of a company that is interested in … Continue reading

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WHAT IS EMPLOYEE ENGAGEMENT?

What makes one company or firm more successful than another? Better products, services, strategies, technologies or, perhaps, a better cost structure? Certainly, all of these contribute to superior performance, but all of them can be copied over time. The one … Continue reading

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REMOVING DIRECTORS OF A COMPANY

The Companies Act, 71 of 2008, requires that the business and affairs of any company be managed by or under the direction of its board, which has the authority to exercise all of the powers and perform any of the … Continue reading

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FINANCIAL ASSISTANCE TO DIRECTORS

A company lending money to its directors may not be as simple a process as it may initially appear to be – not even in the case of so-called “one-man” companies. There is various requirements in the Companies Act, 71 … Continue reading

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DIRECTORS’ DUTIES

Most individuals involved in the business sector consider it an honour to be appointed a director of the company with which they are involved. And so they should. Prospective company directors need, however, to be aware of the awesome duties … Continue reading

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THE COMPANIES ACT’S SOLVENCY AND LIQUIDITY TEST

The solvency and liquidity test in section 4 of the Companies Act, 71 of 2008, presents arguably one of the most important requirements of that Act. Without a company satisfying this test, the company cannot declare dividends, cannot provide loans and … Continue reading

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