As last year, the South African Revenue Service (SARS) are said by practitioners to be seeking an increase in revenue by any means possible. The latest development in their efforts has been a targeting of debt pushdown structures used in acquisitions. ...
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As last year, the South African Revenue Service (SARS) are said by practitioners to be seeking an increase in revenue by any means possible. The latest development in their efforts has been a targeting of debt pushdown structures used in acquisitions. Though there has been no change in the law on the use of this technique, practitioners comment that the law is now being interpreted differently and enforced vigilantly.
"Some completely legitimate commercial transactions have been attacked under the new debt pushdown crackdown," commented one practitioner. There have been many controversial matters generated by this change in interpretation, though there are proposals that may provide more certainty. On June 29, SARS and the National Treasury issued a joint press release announcing consultation on tests to establish the tax risks posed by leveraged buy-outs.
The authorities stated that "certainty is the cornerstone of any viable tax system" and continued, "These consultations aim to determine the characteristics of transactions that do not represent a potential threat to the tax base so that underlying principles or rules can be refined for a more targeted approach to be effective as soon as possible."
One tax practitioner, however, was unimpressed that it had taken so long. "It should be fairly simple to avoid the controversy as it is. They already have the means to attack any avoidance with their broad anti-avoidance powers, but a business purpose test will solve 95% of it," they said. The tax agency has also continued its focus on transfer pricing, though an interesting development is the use of coordinated audits across African countries. Practitioners have noted that South Africa is increasingly used as a hub for investing in Africa in general. The formation of the African Tax Administration Forum (ATAF) has facilitated a cross-border ability to exert scrutiny on African groups based in Africa.
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