One of the most prominent challenges directors and owners of small businesses face as the only decision-makers is the isolation and self doubt one sometimes experiences. We are often approached on a consulting basis to act as a soundboard and to give advice and guidance to business owners.

We also do compliance audits on behalf of the company owners to determine compliance with relevant legislation, such as employment contracts, company rules and regulations, policies and procedures, and record-keeping.

The sad reality is that almost none of our customers knew about all the possible wear and tear allowances that are claimable and forfeit thousands of unclaimed allowances.

We don't merely calculate taxes based on what our clients provide us but spend the necessary time to ensure that we fully understand our client's unique income streams or business models to determine all legally claimable expenses and ensure that Ceaser only gets paid what is lawfully owed.

We further assist them in setting up their own checklist of required documents based on their unique model to assist them to keep proper record throughout the year of assessment.

There is no better place to start a SARS Audit than with us!

We have dealt with SARS Tax audits spanning as far as 14 years of assessment where SARS has refused to accept the taxpayer's word as proof and insisted that our objections and appeals against all 1,010 line items identified by them as taxable income be accompanied by documentary evidence dating back as far as 2005.

We scrutinise the matter and identify what supporting documents will be required to discharge the taxpayer's burden of proof.

We then compile the list of supporting documents needed to discharge the burden of proof for the taxpayer and guide them through the overwhelming information-gathering process.

We will write additional background information to SARS to clarify and substantiate the taxpayer's contention further and incorporate additional searches and investigations if needed.

We have had tremendous success discharging the burden of proof of tax clients, who could otherwise have been caught up in court battles with SARS for years.

We liaise with our clients and assist attorneys, advocates and senior tax advisors with drafting objections and appeals and preparing and compiling document packs for submission from the initial information-gathering phase all the way through to ADR and tax court if the matter is not resolved.

Tax structuring is the strategic planning of financial affairs to minimise tax liabilities and avoid common tax pitfalls legally within the legal framework provided in Tax legislation.

Effective tax structuring can significantly impact wealth management and business profitability. It, however, involves understanding complex legislation and regulations to legally leverage the allowances provided for in Tax legislation regarding direct and indirect taxes.

In a perfect world, it would be ideal to properly structure and strategically plan tax affairs prior to the commencement of trade, but we don't live in a perfect world, do we? If it is too late to properly structure before the commencement of trade, then it is an excellent time to consider restructuring.

Is it really worth it? Let us have a look, and we will tell you honestly if the the game is not worth the candle.

Tax opinions are invaluable when it comes to high-value transactions and the possible exposure related to the wrong tax treatment.

Very few people are aware of the fact that Section 223 of the Tax Administration Act states that SARS MUST remit a penalty imposed for a substantial understatement if SARS is satisfied that the Taxpayer:

a) made full disclosure of the arrangement, as defined in section 34, that gave rise to the prejudice to SARS or the fiscus by no later than the date that the relevant return was due; and

(b) was in possession of an opinion by an independent registered tax practitioner that—

(i) was issued by no later than the date that the relevant return was due;

(ii) was based upon full disclosure of the specific facts and circumstances of the arrangement and, in the case of any opinion regarding the applicability of the substance over form doctrine or the anti-avoidance
provisions of a tax Act,

this requirement cannot be met unless the taxpayer is able to demonstrate that all of the steps in or parts of the arrangement were fully disclosed to the tax practitioner, whether or not the taxpayer was a direct party to the steps or parts in question;
and
(iii) confirmed that the taxpayer's position is more likely than not to be upheld if the matter proceeds to court.

Cross-funding between shareholders and companies sometimes also takes place, resulting in interest-bearing loan accounts between the related parties, which translates to commercial risks and a more complex cross-surety position.

Formation of a group of companies is sometimes necessary to align equity holding and legal structures with the strategic vision of the respective companies and to ensure the continuity of the business as part of succession planning,

Some other vital factors which sometimes drive the formation of groups or the restructuring of groups are the following:

* The need to raise capital
* Introduction of BBBEE partnerships in certain business activities
* Introduction of employee share incentive schemes
* Planned future listings on the Securities Exchanges.

Very few people know the tax-neutral provision of Sections 42 - 47 of the Income Tax Act in which these structurings and restructurings could be done if certain provisions are met.

All our clients need from us is a soundboard and somebody to assist them in formulating their arguments or to state their case.

We sit with our clients, and we help them articulate their thoughts and capture the essence thereof on paper clearly and concisely for presentation to their legal team.

In some cases, we must conduct specific investigations into matters to assist our clients and their legal teams in providing additional background information or supporting evidence.

We have had massive success thus far, working in conjunction with the legal teams.