Tax Law

We offer expert tax law services, structuring South African and international tax solutions and representing both corporate and individual taxpayers.

Tax is governed by complex and dynamic regulatory and interpretative frameworks. Both locally and abroad, tax laws are also subject to frequent change. This makes it imperative to seek professional, specialised advice on both company and personal tax.

Our legal and tax services

Our tax attorneys offer expert tax and legal services, informed by experience and in line with the most up-to-date regulatory requirements. We offer tax planning, legal advice and representation and structuring of tax-efficient solutions, in South Africa and overseas.

International tax

As a special focus area, we assist South African businesses with fiscal migration – also called offshoring or externalisation.

This makes it possible to benefit from the fiscal incentives and low tax rates associated with operating in a robust economy overseas, while still residing in South Africa.

South Africa has a soft volatile currency with a high tax rate and little in the way of fiscal incentives for South African businesses with global markets.

Fiscal migration is a legitimate practice if there is commercial purpose. It allows South African businesses to hedge their funds and enjoy the benefits of fiscal incentives and hard currency returns, while shareholders continue to reside in South Africa.

Establishing commercial purpose for fiscal migration is one of our core areas of expertise. We handle most jurisdictions, but most often recommend Irish fiscal migration.

Ireland is a legitimate low-tax haven and has the following advantages:

  • a 12.5 percent flat corporate tax rate and ZERO tax on certain intellectual property with fiscal incentives, effectively deferring the balance of any tax liability in the first three years of trading
  • a robust economy with hard currency and skilled, comparatively inexpensive labour
    availability of EU and US funding for relocation, research and development and global expansion; typical funds include matching grants (ZERO equity) of up to €250 000
  • a member of the European Economic Zone
  • a member of the Madrid Protocol.

For South Africans, additional advantages are a shared time zone and language, and the existence of a double taxation agreement – ensuring avoidance of double taxation.

At KWP Attorneys, our international tax specialists structure, register and maintain entities to mitigate taxation and maximise access to funding and global markets. All structures that we create for our clients are legitimate and transparent. We will at no stage facilitate any illicit activities, such as money laundering.

Our tax services include:

  • tax planning and advice, including income tax services and preparation and structuring of value added tax (VAT), pay as you earn (PAYE), capital gains tax (CGT), STC/dividends tax and fiscal incentives
  • objections to SARS assessments, tax dispute resolution, forensic tax audits, appeals and settlements
  • international trade commission and customs and excise
  • international tax and offshoring
  • estate planning.