DANIEL N. ERASMUS

6 November 1962

JUPITER

FL. 33458

Mobile 083 458 8422

Daniel Erasmus is an accomplished international tax specialist and attorney in South Africa and Africa – we he runs a successful tax practice servicing the needs of South African and African businesses and high net worth individuals. He is also a US enrolled agent before the IRS, a US Tax Court Practitioner, and adjunct Professor of International Tax Law for the Thomas Jefferson School of Law in San Diego, CA, and Professor of their African associated educational institution internationally recognized for his work in tax risk management (domestic and international tax of multi-national organizations), and assisting businesses handling tax audits successfully.

He was re-elected chairperson of the Law Societies of South Africa Tax and Exchange Control matters committee in South Africa.

Background and Experience

February 1993 – Present

Senior Partner – TRM Daniel Erasmus Tax Court Practitioners (division of and the Africa Tax Desk association), Johannesburg, Cape Town - South Africa; Port Louis - Mauritius; Jupiter -Florida USA; Lagos - Nigeria

  • Most recent work – Handling and guiding a significant of audit enquiries for taxpayer clients successfully after the advent of the new Tax Administration Act, 2011. The TP controversy matter we assisted a multi-national on in Malawi for a revised assessment of in excess of US$40m has been withdrawn by the tax authority there – a well deserved win for our MNE client; similarly, another TP controversy for a multi-national in Uganda for revised assessments in excess of US$53m has been settled favourably for the client – one aspect is subject to a MAP procedure we attended to for the client – and are awaiting the outcome; Advising, assisting and arranging a tax controversy start-up underwriting insurance company with Lloyds of London as part insurance underwriters to taxpayer clients in Canada and South Africa – with a mandate to assist in expanding the operation world-wide;
  • Managing large multi-national clients domestic and international tax strategy and compliance as part of a tax risk management strategy including transfer pricing;
  • Procedural tax law with specific reference to principles of constitutional and administrative law in respect of the U.S, UK, South Africa, Zimbabwe, Malawi, Kenya, Uganda, Nigeria, Ghana, Hungary, Romania, Malaysia and the East generally as they affect transfer pricing and other international tax issues.
  • Team leader in a variety of tax controversies on International Tax and Transfer Pricing issues in the past decade, as leader of a team of litigation lawyers on domestic tax and international tax issues, including listed transactions, equivalent economic substance affected transactions, tax authority audits, administrative and constitutional legal issues applicable to tax, general tax risk management with SOX 404 and FIN 48 principles, general tax opinion work, advance tax rulings, private tax rulings, and domestic and international tax structuring – in respect of trading operations in the U.S, Romania, Hungary, Italy, Switzerland, UK, South Africa, Guernsey, the BVI, Mauritius, Ghana, Nigeria, Zimbabwe, Botswana, Tanzania, Kenya, Malawi, Uganda, Zambia, Namibia, Mozambique, Angola, Malaysia and the East generally.
  • International tax and transfer pricing after training in excess of 400 hours training to MNE’s in Southern Africa, East Africa, West Africa, Malaysia and the East – including a contingent of 45 FIRS officials from Nigeria in Lagos to start their dedicated Transfer Pricing desk, and Revenue Authorities from Malaysia, Zambia, Botswana, Zimbabwe, Kenya, Uganda and Mozambique.
  • Previous/current US multi-national clients: Accenture; 3M; The Hays Group; FSAH, Ivanhoe Mining (Canada), as well as various high net-worth individuals with complex offshore structures.
  • Other previous/current multi-national clients in issues of audit and tax controversy: SABMiller plc, Nampak Ltd, MTN Ltd, WBHO, Edcon, Mr Price, Bravura, Xstrata, Tsogo Sun, Ampath, Nedbank Ltd, ABSA Ltd, M-Cubed Capital Ltd, Hernic FerroChrome, Sasol Ltd, Sappi Ltd, and VW South Africa.
  • Handle complex tax risk management strategies for tax planning and tax controversies for multi-national corporations.
  • Manage all aspects of cases from strategic tax planning from inception through completion with litigation team and final settlement.
  • Maintain close relationships with CEO’s and CFO’s of multi-national clients.
  • Currently handling transfer pricing disputes for MNEs in Uganda, Malawi, and Kenya in Africa.
  • Successfully litigated tax controversies and settled various tax controversies for multi-national clients mentioned totaling in excess of US$ 2,3bn in the last seven years, including transfer pricing issues.
  • Successfully advised in setting up new operations in Australia, US, Mauritius & Canada.
  • Successfully advised on mergers and acquisition work in selling various operations to offshore center holding companies, with US and other foreign shareholders.
  • Small Claims Tax Court President (former).
  • Current Chair of the Law Societies of South Africa, Tax and Exchange Control matters committee – see LinkedIn Tax and Exchange Control Group with in excess of 250 contributing members. Katz Commission into the Tax System in South Africa, member of sub-committee on Double Tax Conventions.
  • Advised SARS and drafted tax legislation after chairing committee on tax & labor broking issues.

February 1989 – 1993

Partner – Attorneys Hofmeyrs now Cliffe Dekker Hofmeyrs, Johannesburg, South Africa

  • Managing large multi-national clients domestic and international tax strategy and compliance in the firms tax department;
  • Clients included ABSA Bank, Sanlam Ltd, Old Mutual Ltd, and various other listed corporations.

February 1987 – 1988

Deloittes, Johannesburg, South Africa

  • Trainee tax consultant under the supervision of a senior partner assisting in managing large multi-national clients domestic and international tax strategy and compliance as part of a tax risk management strategy including transfer pricing;
  • Clients included Barlows Ltd, Nampak Ltd, and various other listed corporations.

February 1985 – 1988

Trainee attorney (articled clerk) and legal advisor – Johannesburg, South Africa

  • Trainee attorney and legal advisor in a variety of legal work;

Qualifications

US Tax Court, USA

Member of the US Tax Court Practitioners, after succeeding at US Tax Court Bar Admission exam November 2010

IRS, USA

Enrolled Agent to practice US Federal Tax before IRS in all States under Circular 230

 Completed and passed all SEE examinations as Registered Enrolled Agent under Circular 230.

University of KwaZulu-Natal, South Africa

Doctorate pending

 Administrative review of Commissioner’s decision in tax audits, and taxpayers’ Constitutional rights.

University of Witwatersrand, South Africa

Higher Diploma in Tax Law (equivalent of 2 year LLM)

 Studied part-time whilst practicing as an attorney.

 Final year of study with distinction.

Law Society of the Northern Provinces, South Africa

Attorneys Bar Examination

 Completed and passed Attorneys’ bar admission examinations.

University of South Africa

Baccalareus Procurationes

 Studied part-time whilst practicing as law clerk.

 Accounting with distinction.

University of Witwatersrand, South Africa

Bachelor of Arts (Law)

 Studied part-time whilst practicing as law clerk.

Presentations and Publications

I have published and co-authored several tax books:

  • BOOK 1 - Co-authored VAT for Lawyers: A Guideline, 1992 updated annually until 2003 and currently being re-written.
  • BOOK 2 - Co-authored CGT for Lawyers: A Guideline, 2001.
  • BOOK 3 - Co-authored Exchange Control & Tax Amnesty Handbook, LexisNexis, 2003.
  • BOOK 4 - Managing 7 Habitual Tax Mistakes Handbook, LexisNexis, 2009 – available on Amazon.com.
  • BOOK 5 - Tax Intelligence, XLibris USA, 2010 – available on Amazon.com.
  • BOOK 6 – S.Africa Chapter: Tax Risk Management, from Risk to Opportunity IBFD, 2011/2.
  • BOOK 7 - Lexis Nexis S.Africa Chapter: Foreign Tax & Trade Briefs, 2011/2.
  • BOOK 8 - Lexis Nexis S.Africa Chapter: Company Law, 2011/2.
  • Unpublished Doctoral Thesis (submitted) – Information gatherings powers of SARS & the Constitution.

I lecture in tax extensively:

  • Professor of Law (adjunct):
  • online Graduate LLM program of Thomas Jefferson School of Law, International Tax, 2009 - Present.
  • online Graduate LLM program of Int’l Institute of Tax and Finance, H Dip Tax Law, 2009 - Present.
  • online Graduate LLM program of Int’l Institute of Tax and Finance, Adv Dip Tax Procedural Law, 2009 – Present.
  • Professor of Law, online Graduate LLM program of Int’l Institute of Tax and Finance, Into Africa – International Tax and Transfer Pricing, 2009 - Present.
  • Transfer Pricing in Africa, including training of the FIRS in Nigeria in Feb 2012 – Present with International Transfer Pricing post graduate course commencing October 1, 2012.
  • SAIT on various tax topics, 2009 – Present.
  • Lecturer, Gordon Institute of Business, Taxpayers rights in an audit, 2006.
  • Lecturer, Law Societies of South Africa, Tax CLE, 1990 - 2003.
  • Lecturer and tutor, University of Johannesburg, 1992 - 1993.

Other accomplishments:

  • TV Presenter, TAX Issues, Africa Satellite Business channel, 2006 - 2009.
  • Former editor and contributor, TAXtalk magazine, 2003 - Present.
  • Father of 3 and 1 on the way.

Personal Interests

  • Art, Wine, Photography, Academic Study, Diving and Hunting.