South Africa resolves disputes with large institutions

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


South Africa resolves disputes with large institutions

The South African Revenue Service (SARS) expects to receive R3billion ($435million) after settling disputes with major institutions.

The disputes centre on cross-border transactions that the SARS considered to be unacceptable tax avoidance that eroded the South African tax base. The institutions claim to have acted in good faith.

The issue concerns transactions that aim to use tax treaties or relief measures in domestic law to generate tax benefits.

The benefits usually come from the tax relief claimed in excess of any economic double taxation that has occurred on post-tax dividends or interest income.

The tax benefits are usually shared between the institution and its foreign company through the pricings of transactions. These transactions typically lead to a financial loss for the institution in the absence of tax benefits.

Though for confidentiality reasons, the tax authorities did not reveal the names of the taxpayers, the SARS press release referred to structured finance litigation in New Zealand where four banks - BNZ, Westpac, ASB Bank and ANZ National - agreed a settlement of more than NZ$2.2 billion ($1.65 billion) with the Inland Revenue Department.

This suggests that the taxpayers in the settlements in South Africa were also from the financial sector.

more across site & shared bottom lb ros

More from across our site

The firm demonstrated its sweet spot of litigation with an international twist with the recent win for the Danish tax authority…but it’s not a tax case
The recently formed firm has taken a break from hiring EY talent to expand its transactional tax and tax technology capabilities
The AI platform, founded last year by two school friends, is partnering with challenger firms like Unity Advisory and A&M Tax to launch its own assault on the AI tax market
Not only has Aurtus received recognition from ITR in the past, but its founder was both a partner at KPMG and co-founder of Dhruva Advisors
Clients care more about considered counsel than rapid media-friendly soundbites, says Matthew Gilleard, associate director at Infinite
It was also a memorable night for Galicia, KPMG, Skadden and Pinheiro Neto, all of which scooped major awards at a gala ceremony in New York
The former Deloitte UK CEO earned a 45% raise in a year when 1,000 staff reportedly lost their jobs – and the pay gap is only getting bigger
In a seminal development for big law, the 95-year-old firm is set to cease operations after a series of high-profile partner departures
UK Chancellor John Healey extended a VAT cut, suspended tariffs, increased a bank surcharge and vowed to increase funding for HMRC
Kristine Riisberg warned that TP decisions can determine top-up tax exposure under pillar two, while global consensus over the rules remains unsettled
Gift this article