Posts Tagged "tax"

BEPS and Intangibles: How does it impact IP tax structures?

Posted on Feb 1, 2018

BEPS and Intangibles: How does it impact IP tax structures?

Intangible assets constitute a major value-driver for multi-national enterprises (MNEs). This is even more so for companies that rely on valuable intangibles rather than physical assets to generate financial returns. Intangibles such as patents, design, trademarks (or brands) and copyrights are generally easy to identify, value and transfer and as such attractive for multi-national tax planning structures especially as these rights usually does not have a fixed geographical basis and is highly mobile as a result can be relocated without significant costs. Many MNEs utilize IP structuring...

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A limited victory: IP and exchange control

Posted on Oct 24, 2014

A limited victory: IP and exchange control

In the culmination of a widely followed case, on 1 October 2014 the Supreme Court of Appeal ordered the South African Reserve Bank (SARB) to repay Mark Shuttleworth over R250 million plus interest. The money had been levied against Shuttleworth when he applied to transfer his assets out of the country in 2009. He had emigrated from South Africa several years before that, and the prevailing practice at the time was to levy an exit penalty of 10% on any person who emigrated and wished to transfer more than R750,000 from South Africa. This exit levy was dropped in 2010, but this was too late for...

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