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Employee share incentive schemes – Income tax implications by Stacy-Lee Dennis

INTRODUCTION It is important for taxpayers who claim deductions in respect of contributions to share incentive arrangements for employees, particularly where trusts are involved, to consider the potential impact of Commissioner for The South African Revenue Service v Spur Group (Pty) Ltd (the Spur Case). Section 95(1)(c) of the Companies Act 71 of 2008 (“Companies …

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Financial advisor should exercise reasonable skill and care by Cleo van Rooyen

In the case of Oosthuizen v Castro (Centriq Insurance Co Ltd as Third Party) [2017] 4 All SA 876 (FB) the court confirmed the duty of a financial advisor to act with reasonable skill and care. Facts of the case: Mrs Oosthuizen (“Oosthuizen”), a widow, inherited a substantial amount from her husband’s estate. She approached …

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