Strategizing International Tax Best Practices – by Keith Brockman

KPMG’s summary provides details for contemporaneous reporting (i.e. within 45 business days) of “reportable arrangements” that include acquiring a controlling interest in a company with loss attributes, hybrid debt/equity instruments, contributions to/beneficial interests in foreign trusts, and certain arrangements with foreign insurers.

The hybrid debt/equity arrangements are aimed at tackling BEPS substance vs. form transactions, although this unilateral guidance precedes final OECD guidelines and thereby represents an additional reporting requirement for such instruments, notwithstanding potential taxation of  related dividends or denial of deductions for related interest.

The public notice also provides for “excluded arrangements” where the aggregate tax benefit does not exceed R5M, although the exclusion for transactions where a tax benefit was not the main, or one of the main, purposes of the arrangement appears to have been removed from this new legislation.

http://www.kpmg.com/ZA/en/IssuesAndInsights/ArticlesPublications/Tax-and-Legal-Publications/Pages/Reportable-Arrangements-Amended.aspx

This new “contemporaneous” guidance provides a very small window for reporting “reportable arrangements” to the South African Revenue Service (SARS).  Accordingly, a review of current and prospective arrangements in S. Africa should provide for timely reporting governance guidelines.

Comments on: "S. Africa’s “reportable arrangements”- BEPS incentivized contemporaneous reporting" (2)

  1. Hi Keith,

    I was wondering if I could reprint your South Africa notes in the Africa Tax, Law &
    Finance Hub, AfricaTLF.com Regards.

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