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Author Archives: Annemarie Swanepoel

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New Year, New Business – How to Pick the Right Legal Entity for It

Business, TaxBy Annemarie SwanepoelJanuary 3, 2023

 “Owning one’s own business is an adventure – enjoy it every step of the way.” (From the SME Toolkit article referenced below) First, three questions to ask yourself… If you dream of going into business for your own account in 2023, ask yourself these questions before you get started – …and four business vehicles to choose from…

When Your Buyer Can’t Get Finance, Might a Kustingsbrief Save the Sale?

PropertyBy LawDotNewsJanuary 3, 2023

“A kustingbrief … has long been recognised as a superior front-ranking form of security.” (Extract from judgment referred to in the article) You accept a great offer on your property, the sale agreement is signed and the buyer pays the deposit. You put the champagne on ice. But before you can pop it open, the…

Living Wills: 6 Myths Busted

General Interest, Wills and Estate PlanningBy LawDotNewsJanuary 3, 2023

Health issues and mortality are facts of life, no matter how remote they may seem at the moment, nor how distressing they are to contemplate. For your family’s sake as well as for your own, make sure that you have a Living Will (or another form of “advance healthcare directive” such as a Durable Power…

“Double Jeopardy” for Tax Evasion – Penalties plus Prosecution

Criminal Law / Crime, TaxBy LawDotNewsJanuary 3, 2023

“Administrative penalties and criminal proceedings do not serve the same purpose. The [one] is aimed at strengthening internal controls of the administrative authority and to promote compliance while the other is aimed at correcting a behaviour that caused harm to the society.” (Extract from judgment below) SARS has announced major crackdowns on tax defaulters, and…

Websites of the Month: Community Schemes – “CSOS Connect” Services Going Live

Property, Website of the MonthBy LawDotNewsJanuary 3, 2023

If you are in a Community Scheme such as a Sectional Title development or a residential complex with a Homeowners Association (HOA), keep an eye on the “Shared Living” magazine from the CSOS (Community Schemes Ombud Service) on its Newsletter page. Most of the articles are clearly aimed at Bodies Corporate, HOAs and Managing Agents, but…

Selling Property this Festive Season: The Tax Angle

Property, TaxBy Annemarie SwanepoelNovember 28, 2022

December and January have always been prime months for selling residential property in South Africa, and if you are a “Festive Season Seller”, here are two really important tips for you. How does CGT on a property sale work? This is a complex topic, so what follows is of necessity a summary of general principles…

Generational Wealth Planning – To Your Children and Beyond!

Wills and Estate PlanningBy Annemarie SwanepoelNovember 28, 2022

“Are we being good ancestors?” (Jonas Salk) What do you plan to give your family this Festive Season? Now’s the time to think beyond the brightly wrapped gifts under the tree and get started on an estate plan which will leave your loved ones the lasting gift of financial freedom. Estate planning involves a lot…

A “Running Down” Damages Claim – Elite Athlete v Happy Snapper

Delict and Civil ClaimsBy Annemarie SwanepoelNovember 28, 2022

“This is a running down case: literally” (Extract from judgment below) The scene is Cape Town’s iconic Sea Point Promenade. An elite runner participating in a race knocks down a pedestrian out for a Sunday walk, causing serious injuries. The pedestrian sues both the runner and the race organiser for damages of R718,000. The outcome…

Employers: Don’t Miss Your Employment Equity Report Deadline!

Employment and Labour LawBy Annemarie SwanepoelNovember 28, 2022

Before you close up for the year, remember that if you are a “designated” employer, your Employment Equity Act (“EEA”) Report is due on 15 January 2023. Failure to comply carries substantial penalties so don’t miss this deadline. You are likely to be a designated employer if either – (Source – Schedule 4 to the Employment Equity…

Website of the Month: Don’t Stress this Silly Season!

Website of the MonthBy Annemarie SwanepoelNovember 28, 2022

“You can tell a lot about a person by the way they handle three things: a rainy day, lost luggage and tangled Christmas tree lights.” (Maya Angelou) December holidays are a time for winding down, recharging your batteries and sharing some quality family time. But it can also be stressful. There’s a reason we often…

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