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Fyncor brings capabilities across construction, engineering, accounting, tax and corporate finance.

29/10/2026

A taxpayer can sometimes introduce new facts at the appeal stage. That does not mean it should plan to.

The Tax Court judgment in Taxpayer KG confirms a clear boundary: you may refine a genuine dispute if the new ground still targets the same part or amount of the assessment. What you cannot do is open an entirely new front against a different component. That distinction, reinforced by Baseline, can decide whether a matter is ever heard on its merits.

The real lesson is evidentiary discipline. When a major asset is acquired, the tax file must tell the same commercial story as the board papers and feasibility studies. Purposes that exist from day one should be evidenced contemporaneously, not reconstructed after SARS challenges the return.

At Fyncor Advisory we assist clients to preserve that battlefield from the outset — structuring the commercial and tax narrative early, crafting objections that protect the true scope of the dispute, and building the contemporaneous record that turns a technical right into a winnable case.

22/10/2026

In today’s complex cross-border landscape, a business can enter a new market in an afternoon — yet it can take years to determine who truly owns the profits earned there.

The recent scrutiny of Crocs’ international arrangements offers a timely reminder: group structure is not a tax afterthought. It is a commercial decision that records who owns the brand, who bears the risk, who makes the decisions, and where value is actually created.

At Fyncor Advisory, we help expanding businesses get this right from the outset. Our team works with founders and boards to map real operations, align legal entities with genuine economic activity, and design structures that stand up to scrutiny — before revenue and valuable rights cross borders.

Read Willem’s latest insight on why structure must come before expansion, and how South African groups can avoid the costly exercise of retrofitting arrangements after the fact.

15/10/2026

Tax professionals: Fyncor Advisory is hiring a Tax Compliance Officer in Stellenbosch.

Enjoy the Cape Winelands lifestyle while managing full-cycle tax returns, SARS correspondence, audits and transactional compliance.

Requirements include 5+ years’ dedicated tax compliance experience, full working knowledge of SARS eFiling and e@syFile, and strong proficiency in Accfin and Draftworx.

Competitive remuneration, continuous professional development support, and a supportive high-performance team culture.

Apply by Friday 28 October 2026.

Send your CV, transcripts and cover letter to [email protected] with the subject line “Tax Compliance Officer - Stellenbosch”.

15/10/2026

A transaction does not escape capital gains tax merely because the consideration is routed through a dividend. That is the clear warning from the Cape Town Tax Court’s judgment in Company AF (Pty) Ltd and Others v Commissioner for SARS, where seven corporate shareholders received roughly R274.7 million via a pre-sale dividend and then sold their shares for just R1,000. The Court looked past the legal labels of dividend, subscription and nominal sale, applied the general anti-avoidance rules, and treated the arrangement as a disposal of the entire economic interest for full value. Professional advice and full disclosure did not save the structure, yet they did help the taxpayers avoid the 75% understatement penalty.

At Fyncor Advisory we specialise in precisely these high-stakes situations. We help boards and shareholders design transactions that rest on genuine commercial substance, test every step against both the specific anti-avoidance rules and GAAR, prepare robust contemporaneous documentation, and deliver the focused opinions that can make the difference when SARS scrutinises the deal. Whether you are planning a disposal, reviewing historic pre-sale dividends, or need a clear-eyed assessment of circular funding risks, our team brings the technical depth and practical insight required to protect value and manage exposure.

Read the full practical analysis by Willem J Oberholzer and see how sound structuring begins with commercial reality, not tax labels.

01/10/2026

South Africa is not running out of taxpayers. It is running out of growth.

In this timely analysis, Willem J Oberholzer CA(SA), MCom (Tax), CEO of Fyncor Advisory, moves beyond the familiar “tax revolt” narrative to expose a deeper, self-reinforcing low-growth trap. Weak investment erodes infrastructure and productivity. Rising costs and uncertainty suppress returns. Employment stagnates, the tax base remains narrow, and fiscal pressure further weakens the state’s ability to support the next cycle of private capital. The result is not sudden collapse, but prolonged stagnation — an economy that continues to function while compounding too slowly to generate broad prosperity.

At Fyncor Advisory we help businesses and investors cut through this complexity. Our tax, accounting and consulting expertise is focused on protecting and enhancing risk-adjusted returns in exactly this environment: clarifying the true cost of doing business, structuring investment decisions with clearer visibility on policy and infrastructure risk, and identifying practical opportunities to grow the productive base rather than simply extracting more from it. When the challenge is systemic, the response must be equally strategic — and that is where we add value.

Read the full piece and let’s discuss how your organisation can navigate, and ultimately help reverse, South Africa’s low-growth equilibrium.

23/09/2026

On 7 September 2026, the SCA in Commissioner for SARS v Cornucopia Trust redraw the line between interest and the real cost of raising debt. Raising fees can now qualify as “similar finance charges” under section 24J — but only when they form part of the economic price of credit, not merely because of the label on the invoice.

At Fyncor Advisory we help CFOs and boards move beyond labels. We examine the actual economics of your facilities — fee structure, pricing negotiations, tenor, risk allocation and documentation — so you can correctly characterise financing costs, protect cash tax positions and avoid costly missteps under the new substance-over-form test.

If material raising, arrangement or structuring fees sit on your books, now is the time to review them with specialists who understand both the judgment and the commercial reality behind it.

Speak to the team at Fyncor Advisory today.

18/09/2026

When SARS labels conduct as intentional tax evasion, the consequences are severe, as a recent Tax Court judgment makes clear. In SARSTC IT 77272, a taxpayer faced a 150% understatement penalty after revised returns generated an undue refund of roughly R1.39 million. The capital and interest became common cause; the real battle was over whether the behaviour amounted to intentional tax evasion.

At Fyncor Advisory we help clients build precisely the governance and evidentiary discipline these cases demand. We work with individuals, companies, trusts and high-net-worth taxpayers to ensure eFiling access is properly controlled, material returns are supported by clear working papers and documented approvals, and unexpected refunds are investigated before funds are used. When SARS challenges a position, our clients are equipped with the contemporaneous records and advice trail needed to demonstrate that an error, if any, was not intentional.

Modern tax compliance is an evidentiary discipline. Partnering with advisers who understand both the law and the practical controls that protect taxpayers can make the difference when the stakes are highest.

If you would like to strengthen your tax governance framework or discuss a current SARS matter, the Fyncor team is ready to assist.

10/09/2026

South Africa’s 2026 draft tax bills contain few headline rate changes, yet their true impact lies in how they reallocate proof, timing, cash flow and commercial evidence.

From tighter rules on donations to non-resident spouses and domestic transfer pricing in Special Economic Zones, to expanded VAT documentation requirements, provisional tax payment-linked estimates and a clearer path for interest remission alongside voluntary disclosure, the proposals demand more than technical interpretation. They require integrated, evidence-backed implementation.

At Fyncor Advisory we help clients translate these draft amendments into practical action. Our team works with high-net-worth individuals, corporate groups, farmers, tax directors and practitioners to review affected arrangements, stress-test pricing and documentation, align compliance systems and sequence voluntary disclosure work so that relief is both legally available and evidentially supportable. Whether the issue is an inter-spousal transfer, SEZ related-party pricing, leasehold improvement VAT or provisional tax estimates, we focus on positions that are legally correct, commercially coherent and fully documented.

The strongest tax outcome is rarely the one that merely satisfies the wording of a provision. It is the one that can be proved. If these proposals affect your structures or planned transactions for 2026 and 2027, we are ready to assist.

Read the full analysis by Willem J Oberholzer, CEO of Fyncor Advisor, on our LinkedIn page.

27/08/2026

A technically correct tax argument can still fail if the procedural strategy is wrong.

The Constitutional Court’s judgment in United Manganese of Kalahari v CSARS [2025] ZACC 2 lmakes this plain. Section 105 of the Tax Administration Act is a real gatekeeper. The Tax Court remains the default forum, and High Court intervention is only available where there is sufficient justification and the Court directs that the ordinary Chapter 9 process may be departed from.

Procedural unfairness by SARS does not automatically open that door, and isolating a pure legal question can create years of fragmented litigation without resolving the underlying assessment.

This is precisely where specialist guidance becomes decisive.

At Fyncor Advisory we support taxpayers, CFOs and boards from the earliest stages of a material SARS engagement. We help identify the true character of the dispute, whether substantive, legal, procedural or a combination, before forum decisions are locked in.

Our focus is to align the technical tax position with the procedural architecture so that the right issues are heard in the right forum, without unnecessary delay or cost.

In complex tax disputes, procedure is not administration around the edges. It can determine whether the substantive case is ever properly heard.

If you are currently dealing with a significant SARS audit, additional assessment or potential High Court strategy, we would welcome the opportunity to discuss how a disciplined forum approach can protect both the technical position and the commercial outcome.

Read the full article now on our LinkedIn page.

20/08/2026

Recent judgments under sections 80A–80L make it clear: courts now test the objective purpose of every material step, the real commercial function of each component, the actual movement of risk and cash, and whether the structure was designed primarily to secure a tax benefit.

A high-level commercial objective will not protect a step whose only meaningful effect is to change the tax character or timing of value.

This is where most taxpayers and advisers are exposed, and exactly where Fyncor Advisory steps in.

Whether you are planning a restructuring, disposal, financing arrangement, succession plan or value extraction, or you have already received a GAAR notice, we turn complex anti-avoidance risk into clear, defensible decisions.

Lawful tax planning is still available. It simply has to be able to explain itself, step by step.

If you want structures that work commercially and survive modern GAAR scrutiny, speak to the team at Fyncor Advisory.

Address

Stellenbosch
Cape Town
7600

Telephone

+27825596430

Website

http://Fyncor.co.za/, https://www.linkedin.com/company/fyncor-group/

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