Tax

We are where you need us

As local and international tax rules become more complex, and compliance and reporting obligations more onerous, managing these requirements is a significant challenge.  CMS has a multidisciplinary team that monitor developments in tax law and policy which affect our client’s affairs.

We help in developing robust solutions that maximise tax effectiveness and can anticipate future regulatory developments. We will work with you to ensure on-going compliance in your structures and implement the transactions in the best and most compliant manner for our clients.

Our tax services are aimed at achieving the best outcomes for clients, whether they are a financial institution, multinational, fund, corporate investor or high - net worth individual. Our compliance advice is commercial, balanced, cautious, but practical.

Our teams work together across all sectors and all areas of tax affecting your business including: income tax, VAT, customs, transfer pricing, tax structuring and tax disputes.

If you are involved in a dispute, an early intervention with the tax authorities on your behalf can ensure the best outcome for your business.

Tax & Advisory Services

We solve your challenges and create solutions for:

• applying for the scientific and technological research and development tax incentives 
• customs and excise
• drafting advance tax rulings and submitting the necessary applications
• employee share incentive schemes and other remunerative structures
• estate planning and donations tax
• exchange control
• financing and re-financing advisory
• international tax advisory 
• taxation principles in relation to financial instruments and the taxation of derivative instruments
• tax dispute resolution
• tax due diligence investigations
• tax implications of structured finance
• tax management
• tax solutions for merger acquisitions, group re-organisations, group rationalizations and general corporate transactional work (including, asset disposals and acquisitions, corporate finance, corporate).

In addition to the above, we provide opinions and advice on the interaction between taxation, exchange control and the legal implementation of transactions. We also prepare applications to Authorised Dealers and the Financial Surveillance department of the South African Reserve Bank and are closely monitoring developments in the change control regime.

High Net-Worth Individuals & Private wealth

Over the years, our team has advised and worked alongside the private wealth divisions of various local and international banks.  

We can assist with:

• all corporate issues
• advising on family business affairs & transactions
• advising on prescription of loans
• estate planning
• exchange control for externalising funds
• foreign trust funding
• local & Foreign Trust advice
• realising family businesses, assets & others at optimal tax rates
• transferring assets into a Trust in a tax efficient manner

Financial Instruments 

A number of  the team members come from a very strong banking law background.  As a result, they have extensive experience with financial transactions, including analysing or developing financial instruments and derivative instruments in a range of commercial scenarios.

Very few tax advisors have had similar exposure to this field, which we are well - versed in and have a good grasp of the legal framework to be applied.