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Abstract:
This paper was presented as part of a workshop to supply chain managers in 2006, on tax planning as part of a tax risk management process. The paper contains useful tools to conduct the appropriate tax risk management strategy, with tax planning as the focal point. The paper also deals extensively with tax risk management principles generally, and will be a useful guide to any taxpayer wanting to formulate a tax risk management strategy for their organization.

tax risk management, tax strategy, tax uncertainty, strategy, tax, tax planning

Abstract:
Tax Risk Management requires 7 steps to ensure complete compliance by taxpayers, in an environment internationally where tax authorities are becoming better equipped and organized in closing tax gaps. Part of the process of tax authorities is the formation of Large Tax Units that expect to classify taxpayers into two categories: co-operative taxpayers, and those that are not. A proactive tax risk management process ensures that taxpayers fall into the former category. This paper examines the major steps that should be taken to achieve this.

tax risk management, tax audit, international tax, tax best practice, tax uncertainty, fin 48, sox 404, corporate governance

Abstract:
This is a paper presented in Tampa during April 2007 as part of a CLE program to a local association of lawyers dealing with corporate governance issues. The paper summarizes the key features of tax risk management, and sets out the typical steps that should be followed. It follows a typical Six Sigma process in going about tax risk management, and discusses the process in the context of SOX 404 and FIN48.

six sigma, tax risk management, sox 404, FIN48, FIN 48

Abstract:
Structured finance transactions are increasing under scrutiny by tax authorities, that a suspicious that the driving motivator behind structured finance transaction is tax avoidance. This places all structured finance transactions in the tax uncertainty spotlight, and the source of potential FIN 48 and SOX 404 disclosures. This paper sets out principles successfully implemented in South Africa to overcome and decrease risk exposure on structured finance transactions, where the tax authority aggressively pursues and investigates structured finance transaction, having caused turmoil in the financial services sector. The principles applied are universal and equally applicable in other jurisdictions around the world.

structured finance, tax uncertainty, tax disclosure, tax audit, FIN 48, SOX 404, SEC, tax, tax investigation, South Africa

Abstract:
The OECD has just released guidelines to tax administrators and other authorities of what look out for in uncovering money laundering transactions. Although the guidelines are useful, many authorities will misapply the recommendations in arriving at conclusions that are not supported by fact, simply because a set of facts appear suspicious. Tact and care should be exercised and remembered that in adversarial systems of law, an accused is only guilty when proven with fact to be guilty, and not by conjecture. The paper sets out the process taxpayers should follow when faced by a ta audit, especially where the audit is triggered by the tax authorities suspicion emanating from the broad parameters set out in the OECD guidelines.

OECD, money laundering, tax audit, tax evasion, offshore ceneters, offshore trusts, discretionary trusts, tax

Abstract:
South Africa is part of the Commonwealth family of countries, that makes up a large part of the taxpaying nations in the world. Having stated that, the paper questions the constitutionality of the transfer pricing provision - the tax authority can exercise a discretion to impose a tax charge, retrospectively. This appears to fly in the face of the key Constitutional provisions in the 1996 statute. The papers touches on these issues and publishes the tax authority practice note. This paper was handed out to delegates at full-day transfer pricing workshops held in 2007 and hosted by the International Tax Institute.

transfer pricing, constitution, commonwealth

Abstract:
This paper analyses the salient aspects of the South African Constitution and ensuing constitutional driven legislation and case law, to analyze and illustrate the significance and application of aspects of the Constitution on taxpayers rights when facing an audit from the tax authorities. The paper also includes a practical draft memorandum prepared to address to tax authorities at the time they decide to commence an audit. Included is a list of key questions to ask, to determine what direction the audit is most likely to take.

Abstract:
This paper summarizes the international tax principles applicable to partnerships where they may be treated as transparent or entities for tax purposes. The different treatment of partnerships for tax purposes poses problems with double taxation, that can only be properly remedied through bilateral tax conventions.

international tax, partnerships, transparent, entity, double tax convention, oecd, model convention

Abstract:
Submission made to the IASB on proposed DRAFT Income Tax Statement EB/2009/02. This submission analysis the effect of the proposed treatment of tax uncertainties creating potential contraventions of Constitutions world-wide if implemented in its suggested form. The propose provisions are more detailed and extensive than FIN 48 in the USA.

FIN 48, IASB, EB/2009/02, Income Tax Statement, tax uncertainty