Provisions to curb the abuse of corporate share buyback transactions to avoid paying capital gains tax have been relaxed. However, the days of tax-free share buyback arrangements largely remain a thing of the past. These transactions by South African companies will in future attract the same tax treatment as ordinary share sales to third parties. The initial provisions in the draft Taxation Laws Amendment Bill, published in July, were described as "overzealous and "too far-reaching". Following the initial publication, Treasury has invited comments and held workshops on the issue. Many of the comments have been taken into account in the drafting of the latest set of proposals.In the initial draft all dividends received by a company within 18 months prior to the sale of shares would have been re-characterised as proceeds for capital gains tax purposes. There was no distinction between ordinary dividends and dividends relating to a sale. This sledgehammer approach has now been softened...

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