Phatshoane Henney Group Transformation Report 2016/17

The Phatshoane Henney Group - South Africa’s largest legal network - established specific Group BEE Standards in 2015 as part of the Group’s commitment to transformation and diversity. Every two years, progress by Group firms in advancing transformation is measured against these standards across the entire Group and consolidated in a Group Transformation Report for the period in review.

With Group firms spending in excess of R270 million on BEE and transformation during 2016 and 2017, this Group Transformation Report for the periods 2016 and 2017, confirms the substantial progress being made across the Group in advancing transformation and shows how the Group sets the standard for transformation in the legal industry.

Please click on the link above to view the Group Transformation Report for 2016/17.

March 1, 2018
Transfer duty explained

Transfer duty explained

Transfer duty is an indirect tax paid on the acquisition of any property acquired by any person by way of a transaction or in any other way. The concepts of “acquire” and “acquisition” are not defined in the Transfer Duty Act 40 of 1949. However, the courts have consistently examined and clarified the meaning of the term “acquisition” as it relates to section 2(1), which is the main charging provision in the Transfer Duty Act. In CIR v Freddies Consolidated Mines Ltd, Centlivres CJ states the following (at 311C): “The word ‘acquired’ in the charging section (section 2) must therefore be construed as meaning the acquisition of a right to acquire the ownership of property. It has been argued that the term “transfer duty” is misleading, because it is in fact a duty imposed, among other things, on the consideration given by a purchaser of property for the right conferred on him to acquire the ownership of property.” The purpose of this article is to provide a basic overview of the circumstances under which transfer duty is applicable and to clarify the party liable for its payment in property transfers.

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