News & Articles
Section 8C explained: Tax tips for employee share schemes
Employee share schemes are often introduced to reward, retain, or align employees with long-term business growth. However, under section 8C of the Income Tax Act 58 of 1962 (the “Income Tax Act”), these arrangements can create significant and unexpected tax liabilities for employees when equity instruments vest. This article explains how section 8C operates, what qualifies as an “equity instrument,” and why careful structuring of share schemes is essential to avoid punitive tax outcomes.
The costly consequences of backdated share transactions
The South African legislative framework regards backdated shares as a suspicious and illegal practice, as it arises when a share issue or transfer is recorded as having occurred on an earlier date than the actual transaction. While backdating may be viewed as an administrative oversight, the consequences may constitute compliance risk, serious misconduct on directors, beneficial owners and compliance officers who authorise the backdating of share transactions. This is because backdated shares may manipulate the timing of funds, obscure the source of funds, and distort a company’s beneficial ownership structure.
Tax transparency matters: Are your deals reportable?
Some deals come with hidden reporting duties. Find out when your transactions could trigger SARS disclosure rules, and how to stay compliant. You may have heard the term “reportable arrangement” in tax conversations around commercial transactions. It sounds technical, and it is, but at its core, it’s about transparency. The South African Revenue Service (“SARS”) seeks information on certain transactions that could be used to avoid or reduce tax. If you enter a reportable arrangement, you may be legally required to report it. Failure to comply can result in significant penalties.
Tinsel, trolleys, and traps: Outsmarting the Black Friday storm
As Black Friday specials and festive-season sales saturate the market, retailers compete with promises of “unbeatable” discounts and “blink-and-you-miss-it” deals. But even in the frenzy, the Consumer Protection Act 68 of 2008 (the “CPA”) still applies. Designed to curb deceptive advertising, ensure fair pricing, and guarantee that goods remain of acceptable quality, the CPA sets the rules of the game. Understanding these rights is essential for both suppliers and shoppers, helping prevent year-end discounts from turning into disputes.
Unlocking the Path to Compliance: Navigating South Africa’s Mandatory EPC Requirements for Commercial Property Owners
Attention to all owners of commercial property buildings: Are you aware of the imminent and significant change in South African property law that directly affects you? By December 2025, all non-residential buildings are required to possess Energy Performance Certificates (EPCs) as mandated by recent regulations published on 8 December 2020 in the Government Gazette. Failure to comply could result in hefty fines up to R5 million or even imprisonment for five years. These regulations are poised to add further requirements to the conveyancing process and commercial property disposal landscape, introducing new responsibilities that you, as a commercial building owner, need to be aware of.
Can a Body Corporate Pull the Plug? Lessons from the Katisi Case
South Africa’s sectional title market remains a cornerstone of urban property investment, accounting for approximately 30% of all residential property transactions in 2024. Despite its growth and resilience amid economic pressure, the sector presents unique legal and procedural complexities – particularly for Conveyancers.
Are Living Wills Gentleman’s Agreements?
Are living wills gentleman’s agreements?
A living will is a declaration or an advanced directive which represents a patient’s wish to refuse medical treatment—particularly life-sustaining treatment—when the patient is no longer able to competently express a view. A living will, distilled to its essence, is therefore a prospective decision to refuse medical treatment.
Voetstoots Clause in South Africa
The voetstoots clause in South Africa applies to any contract between parties entering into an agreement to purchase and/or sell immovable property. The purpose of this article is to provide insight into when the clause is applicable and to what extent a seller may rely on it after selling their property.
Direct Marketing: Navigating the Uncertainties Brought About by Recent Regulatory Intervention
Despite the regulation of direct marketing under both the Protection of Personal Information Act 4 of 2013 (“POPIA”) and the Consumer Protection Act 68 of 2008 (“CPA”), South African consumers are bombarded by direct marketing calls, emails, WhatsApps and SMSs on a daily basis.
Painting SA purple without breaking labour laws
Women for Change is a South African non-profit organisation committed to combating gender-based violence (“GBV”) and femicide. The organisation has once again sparked thought-provoking conversations around the need for urgent systemic reform aimed at addressing the country’s high levels of femicide and GBV, further demanding GBV to be declared a national crisis. Thousands of South Africans have shown their solidarity by painting their social media TL (“timeline”) purple and changing their profile pictures in support of the movement.
Do trusts have to comply with PAIA?
A question that has become relevant, considering the growing enforcement of the Promotion of Access to Information Act 2 of 2000 (PAIA) by the Information Regulator, is whether a trust qualifies as a private body for purposes of having to comply with PAIA. In this article, we look at what we believe the position to be.
SARS turns up the heat on wealth reporting
The South African Revenue Service (SARS) has significantly intensified its focus on high-net-worth individuals as part of a broader initiative to improve tax compliance, transparency, and the integrity of the tax system. A key development in this regard is the introduction of mandatory balance sheet reporting for individuals with substantial wealth holdings.
Behind the scenes at the Deeds Office
During a property transaction, be it a transfer, bond registration, or bond cancellation, one of the most critical, yet often misunderstood phases is the period between lodgement and registration at the Deeds Office. Estate agents are frequently asked questions such as, “Why is it taking so long?” This stage of the process can often feel like a black box; the documents are submitted, time passes, and then, hopefully, registration is completed.
Commission rules every agent must know
In recent years, considerable attention has been given to the consumer protection provisions of the Property Practitioners Act 22 of 2019 (PPA), including the mandatory disclosure form and the regulation of undesirable business practices by property practitioners. With Section 56 of the PPA coming to the fore, the interests of sellers are protected, as it serves as the ultimate authority determining whether property practitioners are entitled to remuneration in certain circumstances.
The legal truth about your scenic view
It is important to understand what a view is and how it can be obstructed before looking at whether a view constitutes a right. A view is considered by most as a view of the ocean and only forms part of coastal properties, but a view can also be of a mountain range, a river or even a park. The most common way in which a view can be obstructed is usually by another building
Bond registration made simple
The first step in understanding bond registration is knowing what a mortgage bond is. According to the Deeds Registries Act, a mortgage bond is an instrument used to secure an existing or future debt, or both an existing and future debt. It must be officially signed in the presence of the registrar by the owner of immovable property or by a conveyancer authorised thereto by power of attorney and must be attested by the registrar.
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Why security is key to successful corporate finance
In today’s competitive business environment, access to finance is frequently the key factor between growth and stagnation.
Wills, rights, and property: What you need to know
Our property law recognises a distinction between ownership and limited real rights in immovable property.
Risk vs Reward: The use of AI in South Africa
A topical discussion in society is the growing use of AI, with some celebrating its advent and others fearing its power. Irrespective of your views, there are challenges to AI, leading to a growing call also in the legal profession for greater regulation of AI use. In this article we look at the impact of AI to date on the legal profession and some of the consequences that have flowed from its (mis)use.
Estate planning must be a family affair!
Estate planning is often viewed through a purely legal or financial lens. However, at its core, it is a profoundly human process, one that intimately involves family relationships, dynamics, and communication. In South Africa, where cultural diversity and complex family structures are common, involving the family meaningfully in both estate planning and administration is not just advisable; it is essential.
Court gives claimants the green light in RAF battle
Following the decision of the court in the case of Road Accident Fund v Legal Practice Council and Others (134420/2023) [2025] ZAGPPHC 189 (21 February 2025), the Pretoria High Court struck the Road Accident Fund’s (RAF) subsequent urgent application from the roll, with punitive costs.
Power play: Who pays when sparks fly?
Parastatals (state-owned entities) that have a license to generate and/or transmit electricity (licensee) can face civil claims relating to damage and/or injury caused by veldfires, induction, electrolysis or other means where electricity is generated, transmitted or distributed by such a licensee.
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