Fyncor Group of Companies

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

A technically correct tax argument can still fail if the procedural strategy is wrong.The Constitutional Court’s judgmen...
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.

Recent judgments under sections 80A–80L make it clear: courts now test the objective purpose of every material step, the...
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.

A recent South African Tax Court judgment has sent a powerful message to every taxpayer, director, and advisor: SARS is ...
16/07/2026

A recent South African Tax Court judgment has sent a powerful message to every taxpayer, director, and advisor: SARS is looking beyond the paperwork.

This ruling reinforces what we at Fyncor Advisory have always emphasised: robust tax governance, transfer pricing discipline, and watertight documentation are your strongest defence in an increasingly aggressive SARS environment.

At Fyncor Advisory, we help businesses and high-net-worth clients build that defence before SARS knocks, through proactive reviews, defensible structures, and transaction governance that stands up to scrutiny.

Read the full analysis by our CEO, Willem J Oberholzer CA(SA), MCom (Tax) on our LinkedIn page.

What’s your biggest concern when it comes to related-party expenses and SARS audits? Drop your thoughts below.

Too many South African businesses assume that if SARS overreaches, shifts its case, ignores evidence, or applies procedu...
09/07/2026

Too many South African businesses assume that if SARS overreaches, shifts its case, ignores evidence, or applies procedures incorrectly, the courts will simply step in and fix it.
Recent landmark cases prove that assumption is dangerously wrong.

In our latest thought-leadership piece, Willem J Oberholzer (CA(SA), MCom(Tax), breaks down three critical judgments, BASF South Africa, Erasmus, and Ferreira, that are reshaping how taxpayers must fight SARS disputes.

The deeper truth: In modern tax disputes, the outcome is often decided long before the courtroom, by the quality of your objection, your procedural record, your pleadings, and your ability to hold SARS to the rules.

At Fyncor Advisory, we don’t just react to disputes. We help clients build ironclad governance and evidentiary frameworks from the first SARS letter, turning potential vulnerabilities into defensible positions.

This is essential reading for boards, CFOs, family offices, tax practitioners, and business owners who refuse to leave their tax affairs to chance.

What’s the biggest procedural challenge you’ve faced in a SARS dispute? Drop your thoughts below. We welcome the conversation. Read the full article on our LinkedIn page.

When a tax problem becomes a R169 million commercial crisis and a board-level failure. Most businesses treat tax complia...
03/07/2026

When a tax problem becomes a R169 million commercial crisis and a board-level failure.

Most businesses treat tax compliance as an administrative task. A certificate to chase before a tender deadline. Something the accountant handles.

The High Court judgment in Shawn Williams N.O. and Another v eThekwini Municipality and Others tells a very different story.

The lesson is unambiguous: Tax compliance status is no longer an administrative certificate. It is a commercial licence to operate.

At Fyncor Advisory, we work with tax directors, CFOs, accountants and business owners to ensure that tax risk is managed as a strategic business risk, not as a last-minute compliance exercise.

Because by the time it becomes a courtroom problem, it is already too late to fix it quietly.

Read our full analysis of the Zikhulise / eThekwini judgment, written by Willem J Oberholzer CA(SA), MCom (Tax), and understand what this ruling means for your business, your clients and your governance obligations on our LinkedIn Page.

When SARS Comes With a Warrant: The Bullion Star Judgment and the Limits of Search-and-Seizure Powers. Let us know your ...
04/06/2026

When SARS Comes With a Warrant: The Bullion Star Judgment and the Limits of Search-and-Seizure Powers.

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When a Tax Warning Becomes a Tax Reality. Why South Africa’s Next Tax Risk Is No Longer the Rate of Tax, but the Intensi...
28/05/2026

When a Tax Warning Becomes a Tax Reality.
Why South Africa’s Next Tax Risk Is No Longer the Rate of Tax, but the Intensity of Enforcement.

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SARS v Poulter: Tax Court Representation, Legal Defence Strategy and the Risk of Under-Preparing a SARS Dispute. Like, c...
25/05/2026

SARS v Poulter: Tax Court Representation, Legal Defence Strategy and the Risk of Under-Preparing a SARS Dispute.

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Fyncor Advisory is available to provide technical support on GAAR-sensitive structures, tax due diligence, and independe...
21/05/2026

Fyncor Advisory is available to provide technical support on GAAR-sensitive structures, tax due diligence, and independent review of structured-finance arrangements with discretion and professionalism. We act for professional firms, boards, CFOs, high-net-worth clients, and financial intermediaries.

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Fyncor Advisory is available to provide technical support on GAAR-sensitive structures, tax due diligence, and independe...
20/05/2026

Fyncor Advisory is available to provide technical support on GAAR-sensitive structures, tax due diligence, and independent review of structured-finance arrangements with discretion and professionalism. We act for professional firms, boards, CFOs, high-net-worth clients, and financial intermediaries.

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