A recent Australian decision on keyword usage of a registered trade mark is in line with decisions in many other countries, including South Africa. The facts in the case of Veda Advantage Limited v Malouf Group Enterprises (Pty) Ltd (2016) FCA 255 were straightforward. Veda is a company that compiles credit reports and has trade mark registrations for the trade mark Veda in class 36 for financial services. Malouf is a company that helps people remove their negative credit ratings ...
Africa Importance of gas for African energy transformation highlighted at IP Week Government cooperation is important but the private sector is expected to lead the way in boosting access to energy - this was the message from an African panel session at IP Week, held in London ...
Traditionally investors have looked towards developed countries for investment opportunities and, more often than not, investment decisions have been based on the economic development and growth of such countries. However, recently investment strategies have shifted towards emerging markets rather than established markets and for this reason an ever increasing number of investors are turning their attention to the African market ...
ENSafrica recently released Africa Regulatory Insight: Coronavirus (COVID-19) Regulatory Measures. This comprehensive report outlines the COVID-19 regulatory measures for each country across Sub-Sahara Africa, providing the sector, measure, effective date/status and key points and impact for each region. The information provided herein is intended to provide a general overview, and is not an exhaustive list of all legislatice developments across Sub-Sahara ...
ETHIOPIA: Bills amending customs and VAT proclamations endorsed by Council of Ministers On 26 May 2019, the Council of Ministers endorsed a new bill amending Customs Proclamation No. 859/2014, expected to address practical problems and create a conducive business environment. The Council of Ministers also endorsed a bill amending a number of provisions of Value Added Tax Proclamation No. 285/2002 on 18 May 2019 ...
BOTSWANA: New tax management system introduced With effect from 1 April 2020, the Botswana Unified Revenue Service is introducing a new tax management system called Lekgetho Live. Under the new system, companies’ Companies and Intellectual Property Authority (“CIPA”) numbers will be used as their tax identification number (“TIN”), whereas citizens’ TINs will consist of the letter I and their Omang number ...
AFRICA TAX IN BRIEF KENYA: Chinese companies investigated by Revenue Authorities Local media reports of 30 May 2014 announce that the Kenya Revenue Authority (KRA) is investigating a number of Chinese companies suspected of evading tax. KRA Commissioner General John Njiraini said it is suspected that some Chinese-owned businesses are either under- or mis-declaring cargo ...
DEMOCRATIC REPUBLIC OF THE CONGO (DRC): Refund of input VAT credit suspendedIn terms of the DRC value added tax (“VAT”) legislation, export businesses, companies ceasing their activities, oil and mining companies (during the exploration phase) and companies making significant investments are entitled to request input VAT credit refunds ...
BOTSWANA: Protocol to treaty between Botswana and Sweden enters into force The amending protocol to the Botswana/Sweden Income Tax Treaty (1992), which was signed on 20 February 2013, entered into force on 1 December 2015. The protocol generally applies from 1 December 2015 for the provisions on exchange of information and from 1 January 2016 for the remaining provisions ...
ANGOLA: Budget Law 2016 published Law No. 28/15 (“Budget Law 2016”), which had been adopted on 31 December 2015, was published on 30 January 2016 and applies with effect from 1 January 2016. The Budget Law 2016 provides for: · the introduction of a Special Contribution on Banking Operations, to be levied at the rate of 0.1% on all financial operations by banking and non-banking financial institutions governed by the Financial Institutions Framework Law (Law 12/15 of 27 June 2015) ...
KENYA: Amnesty granted to landlordsIn terms of the new section 123C, introduced into the Income Tax Act by Finance Act 2015 (the “Act”), the Kenya Revenue Authority (“KRA”) has granted a tax amnesty to landlords with effect from 1st January 2016.The Act provides amnesty for persons who shall willingly declare their 2014 and 2015 rent, pay the implied principal tax and file returns (original or amended) between 1 July 2015 and 30 June 2016 ...
ANGOLA: Securities Code Regulations enacted The Securities Code Regulation (Regulation No. 6/16) (the "Regulation") was approved by the Council of Administration of the Capital Market Commission and gazetted on 7 June 2016. The Regulation contains the organisation rules and administrative requirements for open companies and other issuers of securities admitted to trading in regulated markets ...
African Union: Import tax introduced At its 27th summit recently held in Rwanda, the African Union (“AU”) decided to implement an import tax of 0.2% to be charged on all imports of goods (excluding basic necessities) in each member state. It is expected that EUR1-billion will be collected through this tax, making the AU financially autonomous. Morocco, the only African country currently not a member of the AU, is in the process of being reintegrated into the AU ...
Africa Tax in Brief Ethiopia: Treaty and amending protocol with the Netherlands enter into force The Ethiopia-Netherlands Income Tax Treaty, 2012 and the exchange of notes, signed on 10 August 2012, entered into force on 1 September 2016, and the amending protocol to the treaty, signed on 18 August 2014, will enter into force on 30 September 2016. The exchange of notes generally applies from 1 September 2016 ...
DJIBOUTI: International Free Trade Zone launchedThe first phase of the Djibouti International Free Trade Zone (“DIFTZ”), expected to be the largest free trade zone in Africa, was launched on 5 July 2018. The DIFTZ will house a variety of manufacturing plants and offer investors various incentives, including tax exemptions ...
COMOROS: Treaty with United Arab Emirates enters into forceThe income tax treaty between the Comoros Islands and the United Arab Emirates, recently entered into force. GHANA: VAT withholding agents appointed In an attempt to improve value-added tax (“VAT”) compliance, the Ghana Revenue Authority (“GRA”) announced the appointment of identified VAT withholding agents per industry on 17 May 2018 ...
AFRICA: African Continental Free Trade Area Agreement developments Botswana and Zambia signed the African Continental Free Trade Area Agreement (“ACFTA”) on 10 February 2019 at the 32nd summit of the African Union in Addis Ababa, whereas the Ethiopian Council of Ministers approved the ACFTA on 2 February 2019 and the Parliament of Senegal on 23 January 2019 ...
ANGOLA: Introduction of VAT postponed The introduction of value-added tax (“VAT”), scheduled for 1 July 2019, was postponed to October following discussions between the Angolan Government and the Business Technical Group (“GTE”), which advocated implementing VAT only in January 2020 ...
AFRICA: African Continental Free Trade Area Agreement enters into force The Parliament of Zimbabwe and the Ethiopian House of Representatives approved the African Continental Free Trade Area Agreement (“ACFTA”) on 14 March and 21 March 2019, respectively. The Moroccan Council of Government approved the ACFTA on 21 February 2019 ...
BOTSWANA: Amending protocol to treaty with France signedOn 27 July 2017, Botswana and France signed an amending protocol to the Botswana/France Income Tax Treaty, 1999 in Gaborone. CAMEROON: VAT refund procedure available onlineThe Cameroonian Minister of Finance issued a communiqué on 14 June 2017, announcing that the value-added tax (“VAT”) refund procedure has been simplified and is available online as from 3 July 2017 for enterprises registered with the Large Tax Unit ...
ANGOLA: Introduction of transfer pricing unitA transfer pricing unit, set up as an administrative technical structure forming part of the Large Taxpayers Directorate of the General Tax Administration, was launched on 25 September 2017 and will be responsible for monitoring compliance with Angola’s transfer pricing regime introduced by Presidential Decree No.147/13 of 1 October 2013 ...
ANGOLA: Budget Law, 2017 details publishedOn 10 February 2017, the provisions of Budget Law, 2017, enacted on 31 December 2016, were published. In terms of the Budget Law, 2017 the 10% withholding tax on technical services and management fees paid to non-residents for the provision of foreign technical assistance or management services (Contribuição Especial sobre as Operações Cambiais de Invisíveis Correntes), which was introduced by Law No ...
