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New SARS Transfer Pricing Guidelines Hold Challenges And Benefits For Companies

Transfer pricing has now become a key area of focus for the South African Revenue Service (SARS), as companies with multinational ties will be expected to submit more detailed documentation of their inter-company transactions.

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Transfer pricing has now become a key area of focus for the South African Revenue Service (SARS), as companies with multinational ties will be expected to submit more detailed documentation of their inter-company transactions. 

This according to Charl Hall, Tax Consultant at Mazars, who adds that the new requirements, which aims to stop multinational companies from shifting their pre-tax profits to more tax-friendly jurisdictions, may also have some advantages.

“In South Africa companies are required to disclose relevant transfer pricing information as part of their Corporate Tax Returns and indicate whether sufficient transfer pricing documentation supporting the arm’s length nature of their transactions is available. The onus of proof in this regard is upon the company and if not appropriately determined SARS could affect adjustments resulting in additional taxes and penalties,” he says.

Related: SARS And Your Small Business

According to Hall, SARS will require companies to submit more detailed transfer pricing documentation substantiating there cross-border related party transactions… “The aim is to prevent base erosion and profit shifting (BEPS) which is the use of inappropriate tax planning strategies to shift income to low or no tax jurisdictions where no real or economic substance exists.”

Transfer pricing has become a key area of focus for tax authorities around the world, with the Organisation of Economic Co-operation and Development (OECD) publishing its plan to address BEPS. Local tax authorities, including SARS, have since adopted and published their own requirements related to BEPS. 

While the new requirements will place businesses under increased scrutiny, and under more pressure to prepare detailed reports, Rita Chung, Partner at the Transfer Pricing division of Mazars USA, states that there are also possible benefits for businesses. 

“Transfer pricing is more than just a compliance requirement; it is often used as a planning tool to develop strategies that align with the company’s overall objectives (tax optimisation, cash flow, etc.). For instance, realignment of the supply chain or relocation of certain activities from one taxing jurisdiction to another may result in significant tax savings,” Chung says. 

She adds that tax planning associated with the creation and ownership of valuable intellectual property is an often overlooked area that may also create favourable tax results. “For instance, developing an effective manufacturing model in a low cost, low tax jurisdiction, may result in the realisation of certain competitive advantages such as manufacturing know-how.” 

According to Chung, this type of intangible property is sometimes not fully appreciated as an important value driver for a manufacturing and distribution business, which should be compensated for in a manner which is commensurate with its economic value.

“An arm’s length level of compensation for the development and use of such intangible property may lead to a more tax-efficient distribution of profit within a multinational group,” she continues. 

Hall explains that South African companies will need to take note of a number of new requirements this year, if their tax returns are to remain compliant. 

Firstly, the South African Tax Administration Act requires that a Master File, which contains high level information of the entire multinational groups operations in a single document available to all tax authorities where the multinational group has operations, and a Local File, which contains information regarding the jurisdictional activities of the multinational entities available to local tax authorities within the jurisdiction, is submitted with corporate tax returns. 

Related: How to Survive The SARS Season

Secondly, in the event of a SARS transfer pricing audit additional mandatory transfer pricing documentation has to be kept in terms of the record keeping provisions as set out in the Tax Admin Act and the regulations issued on 28 October 2016. The regulation requires that specific information is kept where the cross-border related party transactions are in excess of R 100 million or reasonably expected to exceed the R 100 million for a transfer pricing audit.

“Other transaction specific information should also be kept for cross-border transactions in excess of R 5 million that are included in the R 100 million,” Hall adds.

 “Taxpayers should plan ahead and analyse their existing transfer pricing policies to mitigate potential areas of exposure. Furthermore, it is critical to prepare strong transfer pricing documentation to protect the Company against potential transfer pricing adjustments by SARS,” Hall concludes.

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Dream Big – Engen Dealer Lydia Ramatisa

All the odds were stacked against her, but Engen service station owner Lydia Ramatisa is proof that with hard work, commitment and passion, success is indeed possible.

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Lydia Ramatisa, franchisee at Engen’s Orkney Convenience Centre in Klerksdorp in the North West, could easily have become yet another teenage-mother dropout. Instead, the arrival of her baby girl Rethabile 14 years ago sharpened her focus, driving her to chase her dreams.

“I was in Grade 11 and suddenly I had to find work so I could feed my baby. It was a tough lesson,” Ramatisa recalls.

Today she is a beneficiary of Engen’s decision to prioritise the empowerment of black women in a bid to effect positive change in South Africa.

In 2012, the National Empowerment Fund set up a R50-million affordable loan facility for black entrepreneurs to acquire Engen retail dealerships.

According to Unathi Njokweni-Magida, Engen’s Head of Transformation and Stakeholder Engagement, 46% of the company’s 1 020 retail service station are now black-owned, with 10% of them women-owned.

Ramatisa recalls how she got her first position with Engen as a cashier at the Uncle George Service Station in her home town of Jouberton, also in Klerksdorp, 12 years ago. She had sought a better-paying job after first working in a bakery for just R800 a month.

Related: Engen Gave Me The Platform To Chase My True Calling – Former Pump Attendant

“I used to work extra hours at the Uncle George location, just to make sure the business was running well. My main aim was to see the customers always happy with our service,” she says.

That’s because while Ramatisa may not have an education beyond Grade 11, she quickly figured out that if the customers were happy, the business would thrive.

“I got interested in everything about the operations of the service station, and soon began acting as a supervisor, directing, managing and helping train the staff to do their best work.”

After eight years at the Jouberton location, where she rose to assistant manager, Ramatisa got the chance to run her own concern when her boss, Dr Abdool Ebrahim, suggested she apply for her own Engen franchise.

“I told him I was an uneducated woman but he was adamant that I was young and ambitious, and that I was exactly the kind of person Engen was looking for, who they could help to learn and grow.

“Once I got to the interview I had no more fear. I just wanted to show them exactly what I had to offer,” she remembers.

That was in 2015, when the Orkney site was ready to reopen after a two-year shutdown.

“Engen put their trust in me, and I became the majority shareholder in the operation, which includes the petrol and Quickshop, as well as a Corner Bakery and Barcelos.

Ramatisa and her team have since doubled previous sales figures for all parts of the operation, and were named by Engen in the top two operations for the region in July.

“It’s extremely hard work, but I am so proud of what we are achieving,” she adds.

Ramatisa also changed the future for Rethabile, and her other daughter, Bonita, 3, explaining that she invests in their education wherever possible.

“I may be a single mother, and I may not have much of an education, but I am proof that hard work really does pay off. When I failed to matriculate, I promised myself that that would be my last failure.

“Other women out there need to know that they can do the same if they put in the time and effort, and if they have love for what they do.”

Njokweni-Magida says that by continuing to attract and grow the talents of young women like Ramatisa, Engen is helping build a prosperous future for all South Africans.

Related: How Does One Start a Petrol Station in South Africa?

“We are focused on integrating more women across our entire value chain, and are very proud of success stories like this one.”

Other than the significant boost in the number of black and women dealership owners, the Engen Limited board comprises 54% black members, and 31% black women. The Engen management committee is 64% black, and 36% black female, while senior management in the organisation is 65% black of which 36% are black female.

Ramatisa says she “fell in love” with Engen’s operational methods.

“I remain passionate about the Engen brand, and thank the company for proving that if you offer someone an opportunity, along with mentorship and guidance, anything is possible.”

Her message to other women like her? “Don’t be afraid to dream big. I am proof that you can do anything you want in life.”

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Winners Of The 2018 FAIRLADY Santam Women Of The Future Awards Announced

FAIRLADY magazine has announced the winners of the annual FAIRLADY Santam Women of the Future Awards at an exclusive VIP luncheon at Summer Place in Hyde Park.

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The three winners were selected from a shortlist of finalists by a panel of South African judges – FAIRLADY editor Suzy Brokensha, Professor Thuli Madonsela, Head HR business partners at Santam Annette La Grange, media entrepreneur and international speaker Jo-Ann Strauss and businesswoman Dawn Nathan-Jones.

Through an independent survey, Santam found that the first 1 000 days of a business are the hardest. If you’re still in business by day 1 001, they’ve found, you’re likely to succeed long term. These high-fliers have either already surpassed that critical point or are well on the way to doing so!

“Through this competition, we have seen remarkable women that have achieved amazing results.  Our aim is to ensure that these businesses have a greater impact in the South African economy. We’re honoured to have been part of their entrepreneurial journey.” said Mokaedi Dilotsotlhe, Chief Marketing Officer at Santam.

Related: 13 Female Entrepreneurs Rising To The Top In SA

We are proud to announce the winners:

Patricia Schröder of Reclite SA has been named the 2018 FAIRLADY Santam Woman of the Future (awarded to a female entrepreneur who has survived the first 1 000 days of business). Reclite SA collects, transports and recycles lighting, batteries and electronics. ‘Winning the Woman of the Future Award is recognition for all the hard work that my team and I have done and a reminder that hard work does pay off in the end! It will also serve as inspiration for other women to chase their dreams and passions,’ says Patricia.

She receives R50 000 in cash, a mentoring session with one of the judges, an Issey Miyake fragrance hamper worth R6 990, an IMM Graduate School short course worth R15 000, a Michel Herbelin watch worth R10 500, a Samsonite Karissa Biz Bailhandle and Spinner suitcase worth R7 298, a Madrid ladies handbag and purse from Jekyll & Hide valued at R4 799, a Cross pen worth R2 500 and one media training session.

Vere Shaba of Shaba & Ramplin Green Building Solutions is the winner of the 2018 FAIRLADY Santam Rising Star Award (awarded to a female entrepreneur who is still within her 1 000 days of business). Her engineering consulting firm specialises in green building certifications, engineering solutions, energy solutions and strategic partnerships across the African continent. ‘Winning this award will enable me to create opportunities in the green building sector for South Africans in the future, as well as expand the business into key economic hubs in Africa and Europe,’ says Vere.

She receives R20 000 in cash, a mentoring session with one of the judges, an Issey Miyake fragrance hamper worth R6 990, an IMM Graduate School short course worth R15 000, a Michel Herbelin watch worth R10 500, a Samsonite Karissa Biz Bailhandle and Spinner suitcase worth R7 298, a Madrid ladies handbag and purse from Jekyll & Hide valued at R4 799, a Cross pen worth R2 500 and one media training session.

Lindiwe Matlali of Africa Teen Geeks won the 2018 FAIRLADY Santam Social Entrepreneur Award (awarded to a female entrepreneur who is making a real difference in her community). Africa Teen Geeks offers children between the ages of six and 18 free lessons on how to code. The NPO has partnered with UNISA to facilitate Saturday classes in their computer labs countrywide. ‘Knowing that we give kids hope and raise their aspirations is my biggest achievement and driver,’ says Lindiwe.

Related: Watch List: 50 Black African Women Entrepreneurs To Watch

She receives R20 000 in cash, a mentoring session with one of the judges, an Issey Miyake fragrance hamper worth R6 990, an IMM Graduate School short course worth R15 000, a Michel Herbelin watch worth R10 500, a Samsonite Karissa Biz Bailhandle and Spinner suitcase worth R7 298, a Madrid ladies handbag and purse from Jekyll & Hide valued at R4 799, a Cross pen worth R2 500 and one media training session

‘I always find the winners of the FAIRLADY Santam Women of the Future Awards absolutely admirable,’ says FAIRLADY editor Suzy Brokensha. ‘But what has really struck me about this year’s winners is how they are future-proofing the world through their businesses: Patricia and Vere through huge green initiatives that have gone out of the domestic and into the commercial world, and Lindiwe through giving marginalised kids a real shot at competing in this economy on an equal footing.’

Guests in attendance at the luncheon included businesswoman Wendy Luhabe, philanthropist and author Sonia Booth, businesswoman Judi Nwokedi, Miss World SA Thulisa Keyi, international activist Catherine Constantinides, media personalities Ashley Hayden and Penny Lebyane.

Read more about the winners and their businesses in the latest issue of FAIRLADY magazine, on sale Monday, 20 August 2018.

Follow FAIRLADY on Facebook, www.facebook.com/fairladymag, @FairladyMag on Twitter and @Fairlady_Magazine on Instagram.

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Business Linkages And Investment Readiness

The Africa Women Innovation & Entrepreneurship Forum (AWIEF) is hosting its flagship Growth Accelerator Programme for 2018, sponsored by Nedbank.

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The Africa Women Innovation & Entrepreneurship Forum (AWIEF) is hosting its flagship Growth Accelerator Programme for 2018, sponsored by Nedbank. AWIEF is seeking 25 ambitious, innovative and committed early-growth-stage South African women entrepreneurs, from a variety of sectors, looking for support to scale their businesses.

Access to finance is the most cited challenge to the growth of women-owned businesses in Africa. Bankability and investment readiness are major impediments to attracting business finance.

This is an intensive six-week programme designed to support participants with the business modelling and growth strategy required to scale their enterprises, become investment ready and develop entrepreneurial leadership. The programme will cover:

  • purpose and values
  • target market, competitive landscape and value proposition
  • delivery model
  • financial modelling
  • conduct a creative force
  • growth strategy
  • financing for scale
  • pitch training.

Related: Watch List: 50 Black African Women Entrepreneurs To Watch

Nirmala Reddy, Senior Manager of Nedbank Enterprise Development, says: ‘We support initiatives such as this in line with our pledge to help clients see money differently, which is aimed at making a difference in South Africa, not just for women and children and business, but also for communities throughout the country. The bank strongly focuses on the development of female employees and black-women-owned suppliers, and this can be seen through our development and training programmes. We are also proud that women make up 62% of the workforce at Nedbank.’

The 2018 AWIEF Growth Accelerator, with its first 25 participants, is implemented as a build-up programme that will culminate at the 2018 AWIEF Conference, Exhibition and Awards event taking place on 8 and 9 November at the Cape Town International Convention Centre, where participating entrepreneurs will pitch their business to an audience of investors, business leaders and corporate decision-makers.

The three best ventures stand to win monetary prizes from AWIEF and financial management advice from Nedbank.

The programme details are as follows:

  • Dates: Starts on 17 September and culminates on 8 and 9 November 2018
  • Location: Cape Town and Johannesburg
  • Participation fee: Free 

Eligibility

Businesses must be:

  • in a post-revenue phase;
  • scalable and innovative ventures;
  • in operation for not less than two years (ideally three to five years);
  • owned or led by ambitious and committed women entrepreneurs; and
  • seeking investment or funding to grow.

If you are interested in participating, click here to apply. Applications close on 31 August 2018.

The event is hosted by AWIEF and sponsored by Nedbank.

Read next: Kid Entrepreneurs Who Have Already Built Successful Businesses (And How You Can Too)

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