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Law for the Layman

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October  2010

Parenting Plans

In an ideal world, divorced or single parents should agree that all decision-making will be done with the best interests of their children in mind (and put aside their personal differences).

Category:  Personal and Family
Published on:  Thursday, 21st October 2010
Author:  Roy Bregman

 
The Taxation of Interest Earned in Trust

It is imperative for the founders of trusts to be fully conversant with the tax implications of interest earned on funds donated to a trust. I will analyse one such common trend in South Africa in attempt to clarify the position.

Category:  Money and Financial
Published on:  Tuesday, 19th October 2010
Author:  Jonathan Maphosa

 
Parenting plans

Co-holders of parental responsibility are obliged to devise a family plan before approaching the court for relief. This can be done through mediation by a social worker or other suitably qualified persons, including an attorney who is an accredited divorce mediator.

Category:  Personal and Family
Published on:  Monday, 18th October 2010
Author:  Roy Bregman

 

September  2010

New International Headquarter Companies

Africa is becoming an increasingly important business destination and due to its positioning, South Africa is the logical place from which to launch business investments into the continent.

Category:  Money and Financial
Published on:  Friday, 17th September 2010
Author:  Justin Liebenberg

 
Proposed amendments to Corporate Re-organisations

Section 41 to section 47 of the Income Tax Act (the Act) provides taxpayers participating in prescribed group restructurings with certain tax roll-over relief.

Category:  Money and Financial
Published on:  Friday, 17th September 2010
Author:  Andrew Lewis

 

August  2010

All About Parental Plans and the New Children’s Act

Chapter 3 of the New Children’s Act governs both the acquisition and loss of parental responsibilities and rights not only by the parents of the children involved but also in respect of other persons.

Category:  Personal and Family
Published on:  Wednesday, 11th August 2010
Author:  Bertus Preller

 
Adoption in South Africa under the New Children's Act

In terms of Section 228 of the New Children's Act 38 of 2005 a child is adopted if the child is placed in the permanent care of a person in terms of a court order that has the effects contemplated in Section 242 of the Act.

Category:  Personal and Family
Published on:  Wednesday, 4th August 2010
Author:  Bertus Preller

 

July  2010

Tax law

The draft bill proposes a merger of the two taxation regimes dealing with employer funded retrenchment payments and pre-retirement fund retrenchment withdrawals.

Category:  Money and Financial
Published on:  Wednesday, 21st July 2010
Author:  Ruaan van Eeden

 
Retrospective amendments following SARS' loss in fringe benefit

Where SARS is not satisfied with the determination of any cash equivalent under the Seventh Schedule, the High Court held that it cannot assess the employer by way of an employee's tax assessment.

Category:  Money and Financial
Published on:  Wednesday, 21st July 2010
Author:  Ruaan van Eeden

 
Taxation Laws Amendment Bill

The draft 2010 Taxation Laws Amendment Bill (the Bill) proposes a number of swooping changes that relate to interest. First, a specific section dealing with Islamic financing is proposed to be inserted into the Income Tax Act.

Category:  Money and Financial
Published on:  Wednesday, 21st July 2010
Author:  Ide Louw

 
Insurance

A number of assessments have recently been raised in this industry, and a series of legislative changes have been made to ensure that no double dipping is allowed.

Category:  Money and Financial
Published on:  Wednesday, 14th July 2010
Author:  Ide Louw

 
Islamic Financing

It is with great interest that the introduction of tax legislation dealing with Islamic finance has been noted in the Taxation Laws Amendment Bill, 2010 (the Bill) that was released for comment recently.

Category:  Money and Financial
Published on:  Tuesday, 13th July 2010
Author:  Emil Brincker

 
Restriction of cross-border interest exemption

In terms of the Draft Taxation Laws Amendment Bill of 2010 (the Bill) this exemption has effectively been turned on its head. In essence, the blanket exemption will be deleted, and it is proposed that all foreign interest will be taxable (as a starting point).

Category:  Money and Financial
Published on:  Monday, 12th July 2010
Author:  Leon Rood

 

June  2010

The Protection of Personal Information Bill

South Africa is finally set to fall in line with international standards for the collection and handling of personal information with the passing, late last year, of The Protection of Personal Information Bill, 2009 (the Bill).

Category:  Money and Financial
Published on:  Monday, 14th June 2010
Author:  Brigit Rubinstein

 
Changes to financial instruments held as trading stock

The 2010 Taxation Laws Amendment Bill (the Draft Bill) proposes a change to the way in which financial instruments held as trading stock are to be valued.

Category:  Money and Financial
Published on:  Tuesday, 8th June 2010
Author:  Ruaanvan Eeden

 


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