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KENYA: High Court ruling on Mauritius treaty

By ENS Africa update – KENYA: High Court ruling on Mauritius treaty On 15 March 2019, The High Court of Kenya gave its decision in the case of Tax Justice Network Africa (TJN-A) v. Cabinet Secretary for the National Treasury, The Kenya Revenue Authority and The Attorney General (Petition No 494 of 2014) regarding the constitutionality of […]

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TP judgments in Africa – as at May 2019

Here is a list of  the current cases: The first Ghana TP  case – TP Ghana JUDGMENT IN TAX APPEAL CASE BETWEEN BIERSDORF GH LTD AND THE COMM GENERA… The first RSA TP case – Crookes Brothers Ltd v Commissioner for the South African Revenue Service [2018] ZAGPHC 311 (judgment delivered 8 May 2018) This is  a […]

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Posted in Africa, Courses, FP Carousel, FP News, Nigeria, SADC, South Africa, Transfer Pricing, West Africa, Zambia

Zimbabwe: Income tax (transfer pricing documentation) regulations 2019 – issued

Zimbabwe Report from our correspondent Gershem T. Pasi, Revenue and Business Consultant, Zimbabwe Income tax (transfer pricing documentation) regulations 2019 – issued On 10 May 2019, the Minister of Finance and Economic Development issued Income Tax (Transfer Pricing Documentation) Regulations 2019 (the regulations) by Statutory Instrument 109 of 2019. The regulations deal with matters relating […]

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The IFA MAURITIUS 13th ASIA/AFRICA CONFERENCE 2019

POEM Panel notes: https://www.africataxjournal.com/wp-content/uploads/2019/05/Poem-Panel-IFA-Mauritius-2019.pptx POEM notes: https://www.africataxjournal.com/wp-content/uploads/2019/05/§-14.42-Place-of-effective-management.pdf

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Posted in Africa, Courses, Events, FP Carousel, FP News, Nigeria, SADC, South Africa, Transfer Pricing, West Africa, Zambia

India: Recent Transfer Pricing cases – over case 900 summaries

Application of Transfer Pricing provisions not against “non-discrimination” clause of DTAA; DCF valuation subsumes goodwill: In the existing case, the taxpayer entered into a Share Purchase Agreement (“SPA”) with its Associated Enterprise (“AE”). The taxpayer’s share valuation report was rejected by the Transfer Pricing Officer (“TPO”) during the course of assessment proceedings and an upward adjustment […]

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S.Africa: The “Expat Tax” and Financial Emigration

29 April 2019 In the wake of another budget deficit, SARS looks toward South Africans living abroad to help close the gap. A recent amendment to section 10(1)(o)(ii) of the South African Income Tax Act No.58 of 1962 (‘the Act’), as part of the Taxation Laws Amendment Bill of 2017, has attracted tremendous international attention […]

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Africa is being left out of the digital tax loop – by Daily Maverick

Google parent company Alphabet reported recently its full-year results for 2018, announcing income of $30-billion off a revenue of $137-billion. But the eye-popping thing about the earnings statement was that its tax bill was just $4.2-billion, 12% of its pre-tax income, which was less than the $5-billion it paid in fines to the European Union. […]

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Ghana: Pay some tax before filing tax appeal

GHANA: High Court rules that payment of minimum disputed amount is a prerequisite for filing an appeal The Commercial Division of the High Court, in its decision of 13 July 2018, in the case of Beiersdorf Ghana Limited v. The Commissioner General of the Ghana Revenue Authority (CM/TAX/0001/2018), ruled that the payment of at least […]

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S.Africa: Country by Country reporting

Country-by-Country Reporting and Transfer Pricing SARS issued a public notice on 20 October 2017 which stipulates the requirements and timeframes for Country-by-Country Reporting (“CbCr”) and transfer pricing documentation (master file and local file).  The requirements for CbCr which apply for financial years commencing on or after 1 January 2016 is a consolidated Multi-National Entities (“MNE”) group turnover […]

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TP Zambia: Nestle Zambia Trading Ltd v ZRA

Here is a FULL copy of the case. Although there is a useful summary below, read the full case for yourself: https://www.africataxjournal.com/wp-content/uploads/2019/04/Nestle-vs-ZRA-TP-Case-2019.pdf On March 28, 2019, the Tax Appeals Tribunal (TAT) delivered its decision in Nestlé Zambia Trading Limited v Zambia Revenue Authority [2018] TAT 03. The case is very likely to have important future implications for […]

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