ENSafrica’s dedicated tax team is able to offer the full spectrum of tax advice throughout Africa, including advising multinationals who are expanding on the continent.

Our key differentiator is that we are able to offer you a distinct competitive edge by combining unique areas of tax specialisation with extensive African and international experience and an innovative, solution-driven approach.

We also have a specialised Africa tax desk which advises on the tax consequences of transactions across the African continent.

In addition, we have the unique advantage, as part of Africa’s largest law firm, of being able to harness the expertise of more than 600 practitioners throughout the continent. ENSafrica has a significant breadth and depth of experience and specialist expertise that spans all commercial areas of law, tax, forensics and IP.

As such, we regularly partner with specialists across the firm, meaning that we are able to assist with all aspects of all matters across all sectors in all African jurisdictions, ensuring that your legal requirements are handled quickly and seamlessly.

highly sought after by blue-chip international and domestic clients, particularly those operating in the finance and mining industries
Chambers Global 2018

what we offer

We provide expert advice in relation to all areas of tax law, including:

corporate tax

  • transaction and investment structuring advice
  • structuring of mergers and acquisitions
  • financing
  • investment structures
  • property finance
  • corporate restructuring, unbundling, and corporate finance, including share repurchases, distributions and capital reductions, share buybacks, and capital and balance sheet restructuring
  • project finance
  • tax due diligence

international tax

  • inbound investment, including funding and thin capitalisation, withholding tax on outbound flows, and tax treaties
  • outbound investment, including controlled foreign companies, taxation of inbound flows, authorisation of foreign tax credits, and tax treaties

risk reviews

  • risk reviews of African countries, including political, economic, operational, tax, legal and security
  • practical in-country advice, including tax and regulatory requirements, efficient in-country legal and operating structures, ongoing tax and regulatory compliance requirements, and assistance with queries from foreign tax authorities and other regulatory bodies

private clients

  • advising high net worth individuals in respect of, among others, formation of local and foreign trusts, tax and exchange control matters, and estate planning
  • formation and tax optimisation of employee share incentive schemes and other arrangements
  • structuring of corporate social investment
  • expatriate tax planning and compliance issues
  • tax planning: structuring employee packages for maximum tax efficiency
  • risk mitigation: ensuring compliance in order to sustain a payroll audit
  • general tax advice: opinions and assistance with all employment-related tax issues

value added tax (VAT)

  • VAT compliance reviews, advice and support
  • VAT training
  • VAT litigation and alternative dispute resolution
  • VAT consequences of agreements and transactions
  • optimisation of VAT recovery
  • VAT system developments and implementation
  • cash flow planning
  • optimisation of VAT positioning in foreign markets

customs and excise and international trade

  • customs and excise compliance reviews
  • customs and excise and international trade training
  • customs and excise internal administrative appeals and litigation
  • customs and excise consequences of agreements, transactions and business structures
  • application and defence of unfair trade practice investigations, including anti-dumping, countervailing, safeguarding and litigation in this regard
  • applying for and defending investigations into customs and excise duty increases and decreases, and duty refunds, rebates and exemptions, as well as litigation in this regard

transfer pricing

  • transfer pricing advisory, including detailed value chain analysis, characterisation of entities, economic analysis and drafting of transfer pricing policies, also taking into account areas such as corporate tax, indirect taxes and customs, intellectual property law and exchange controls
  • transfer pricing documentation: preparing transfer pricing documentation based on the three-tiered approach endorsed by the Organisation for Economic Co-operation and Development (OECD), i.e. country-by-country reporting (CbCR), master file and local file, taking into account country-specific requirements
  • transfer pricing risk management and dispute resolution: assisting clients in respect of their interactions with the South African Revenue Service (SARS) and other tax authorities, from the initial risk assessment process to potential litigation

dispute resolution

  • audits, investigations and queries
  • ensuring taxpayers’ rights are upheld
  • notices of objection
  • lodging appeals
  • managing tax litigation
  • settling disputes with tax authorities
  • utilising alternative dispute resolution, such as mediation

exchange control

  • structuring of international transactions, mergers and acquisitions
  • exchange control advice and required approvals for international transactions
heavyweight firm with a highly acclaimed tax practice. Has a deep bench of practitioners capable of tackling major, high-value instructions spanning the full spectrum of tax
Chambers Global 2018
the exceptional department is very thorough, knowledgeable and detailed and proactive, having an ability to identify specific risks to an individual client
Legal 500 2018
The team is praised for its deep expertise and understanding of the subject matter. One source said: They were very knowledgeable on the area of law, and the team had very varied and diverse experience which was obviously beneficial to our company.
Chambers Global 2018

experiENS

OFF-SHORE OPERATIONS
Offshore operations of a client in the healthcare industry which required advice regarding South African tax considerations.
COMPLEX REORGANISATION
Complex reorganisation transaction by an institutional client involving the exit of South African and foreign investors.
SALE OF MINING ASSETS
Sale of mining assets which required tax considerations.
TRANSFER PRICING POLICY
Transfer pricing policy rollout into various African jurisdictions by a retail client, as well as the development of a transfer pricing policy regarding transactions with its offshore office segment.
EXPANSION ACROSS AFRICA
Potential expansion across Africa by a client in the automotive industry which required advice relating to transfer pricing policies, as well as advice relating to its existing operations in Southern Africa.
PROVISION OF ADVICE
Provision of advice regarding preference share issuances and equity derivative transactions.
especially noted for its expertise in cross-border litigation and transfer pricing
Chambers Global 2018

contact

Peter Dachs

executive
pdachs@ENSafrica.com

expertise

expertise

African regulatory and business intelligence
agribusiness
Asia
aviation
banking and finance
Broad-based black economic empowerment (B-BBEE)
competition/antitrust
corporate commercial
dispute resolution
employment
environment
fiduciary
fintech
forensics
immigration
India
insolvency, business rescue and debt recovery
insurance
intellectual property (IP)
intelligENS
mine and occupational health and safety
mining
private clients
private equity
pro bono and corporate social investment
project development and project finance
real estate / property
shipping, ports and logistics
tax
technology, media and telecommunications