Constitutional Court clarifies CGT in multi-tier trust arrangements
The court’s interpretation and application of the conduit principle has implications for structures involving layers of multiple discretionary trusts.
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Important lessons from the Constitutional Court in the Coronation case
The departure point in determining whether a company qualifies for the foreign business establishment tax exemption is what it actually does.
SCA rules on an arbitrator’s powers in disputes over arrear maintenance
The appellant contended that the arbitration clause in the settlement agreement conflicted with section 2(a) of the Arbitration Act.
Constitutional Court’s ruling in tax dispute a relief for SA multinationals
Coronation withdraws cautionary to shareholders following victory in litigation with SARS over the foreign business establishment tax exemption.
SCA rules on composition of Financial Services Tribunal panels
Litigation between Trustco and the JSE over the group’s financial statements.
SCA clarifies when an insurance policy is a joint one
The appeal court also confirms the principles relating to the link between a notifiable disease and causation in respect of business interruption policies.
SCA overturns precedent-setting cyber-crime judgment
The High Court’s judgment opened the door to unlimited claims against businesses whose clients suffered losses because of email interception.
Constitutional Court to rule on remission of interest post-VDP agreement
The decision could set a precedent for taxpayers seeking relief from interest after reaching a Voluntary Disclosure Programme agreement with SARS.
SCA judgment has implications for directors, companies, and D&O insurers
The decision confirms that directors are generally not liable to the company’s creditors unless there is an abuse of the corporate structure.
Another setback for CMS in legal battle over LCBO documents
The signing of the NHI Act does not mean the BHF is letting up in its fight for regulations on low-cost benefit options.
Living Hands judgment clarifies important principles for financial institutions
Old Mutual Unit Trust Managers did not owe a direct statutory duty to the trust and its beneficiaries but to the trust’s administrator.
SCA upholds Old Mutual’s Living Hands appeal
Old Mutual Unit Trust Managers off the hook for R1.7 billion claim arising from Fidentia scandal.
SCA confirms the conditions for a suspensive condition to be waived
A property seller loses an appeal to retain a R1m deposit – the purchaser had not validly waived his rights to a suspensive condition.
SARS can seize the property of third parties on the premises identified in a warrant
The suspicion that the third party’s vehicle contained material relevant to the taxpayer under investigation was sufficient for it to be searched, SCA finds.
SCA ruling highlights the legal pitfalls of loans among ‘friends’
The Supreme Court of Appeal’s recent decision underscores the critical importance of understanding ‘transactions at arm’s length’ under the National Credit Act.
Financial Intelligence Centre must hand over reports on EOH, KPMG, Steinhoff, and Tongaat Hulett
The Equality Court makes an order in an application brought by six natural and juristic persons whose bank accounts were closed by Absa and FNB.
What you should know about a pension interest at divorce
A specific order in terms of section 7(8) of the Divorce Act is required if spouses want a retirement fund to make a deduction and payment to the non-member spouse.
