Phuti Kgomo
Partner | Johannesburg
Contact
T: +27 11 669 9217
Overview
Phuti has over a decade of experience in domestic and international corporate tax advisory. An admitted attorney with an accounting background, he provides advice that considers both legal and commercial/financial factors.
Clients value Phuti’s ability to distill complex issues into practical insights, therefore empowering clients to make informed strategic decisions. His guidance has been instrumental in helping clients navigate the ever-changing tax landscape and strengthen their negotiation positions. His leadership style is defined by insight, precision, and a results-driven approach. He has excellent people management skills and excels at leading client-focused teams.
Phuti has expertise in corporate tax structuring, BBBEE transactions, debt restructurings, share incentive schemes, controlled foreign company (CFC) legislation, and the application of double tax agreements. Whilst his experience is sector agnostic, he is passionate about the private equity (upstream and downstream advice) and renewable energy sectors (public and private offtaker arrangements)).
He also guides leading multinationals on the exchange control complexities of inbound and outbound investments. In addition, Phuti, together with our Corporate/M&A practice, acts as counsel for underwriters in W&I insured transactions.
Experience
Phuti has advised:
- Groupe Canal+SA in relation its acquisition, through a mandatory offer contemplated in section 123 of the Companies Act, of all of the issued ordinary shares of the MultiChoice Group Limited. A transaction that won Deal of the Year at DealMakers Awards.
- Boxer Superstores, a subsidiary of Pick n Pay, that listed on the Johannesburg Stock Exchange (JSE), on the tax implications of its share scheme. The Boxer Superstores IPO, which was led by the legal firm Bowmans, marked the biggest IPO in South Africa since 2017.
- AECI Limited on the introduction of a new BBBEE transaction in terms of which AECI Foundation will subscribing for a new class of ordinary shares in AECI Mining Ltd. (“AECI Mining”), a wholly-owned subsidiary of AECI, resulting in the Foundation holding an effective interest of 15.5% in AECI Mining.
- AutoX Proprietary Limited and Trinitas Equity Partners in relation to their acquisition from Ecobat Technology Limited of the Zimco group of companies, as well as a post-acquisition restructure of the Zimco group.
- TotalEnergies on the tax and exchange control issues arising from its disinvestment of the 36.36% minority stake (held by its subsidiary, TotalEnergies Marketing South Africa) to the Prax Group.
- KIBO Energy with the development of a portfolio of waste-to-energy projects in South Africa. In respect of the 50MW project for IGES, my assistance included the review of the tax assumptions used in the financial model, structuring and the review of transaction agreements.
- A Foreign Private Equity Client in relation to an investment into a Solar power business, including performing a due diligence on the target company that operates a solar design and installation business through crowd funded leasing finance and advising on the optimum ownership structure for purposes of acquiring target business.
AREA OF EXPERTISE
Qualifications
- Bachelor of Commerce (BCom) degree in Accounting, University of Johannesburg;
- Bridging Certificate in Theory of Accounting, University of Johannesburg;
- BCom Honours in Accounting – specialising in Taxation, University of Johannesburg; and
- Bachelor of Laws (LLB), University of South Africa.
Professional Memberships
- Admitted Attorney of the High Court of South Africa.
- General Tax Practitioner with the South African Institute of Tax.
INSIGHTS
Overview
Phuti has over a decade of experience in domestic and international corporate tax advisory. An admitted attorney with an accounting background, he provides advice that considers both legal and commercial/financial factors.
Clients value Phuti’s ability to distill complex issues into practical insights, therefore empowering clients to make informed strategic decisions. His guidance has been instrumental in helping clients navigate the ever-changing tax landscape and strengthen their negotiation positions. His leadership style is defined by insight, precision, and a results-driven approach. He has excellent people management skills and excels at leading client-focused teams.
Phuti has expertise in corporate tax structuring, BBBEE transactions, debt restructurings, share incentive schemes, controlled foreign company (CFC) legislation, and the application of double tax agreements. Whilst his experience is sector agnostic, he is passionate about the private equity (upstream and downstream advice) and renewable energy sectors (public and private offtaker arrangements)).
He also guides leading multinationals on the exchange control complexities of inbound and outbound investments. In addition, Phuti, together with our Corporate/M&A practice, acts as counsel for underwriters in W&I insured transactions.
Experience
Phuti has advised:
- Groupe Canal+SA in relation its acquisition, through a mandatory offer contemplated in section 123 of the Companies Act, of all of the issued ordinary shares of the MultiChoice Group Limited. A transaction that won Deal of the Year at DealMakers Awards.
- Boxer Superstores, a subsidiary of Pick n Pay, that listed on the Johannesburg Stock Exchange (JSE), on the tax implications of its share scheme. The Boxer Superstores IPO, which was led by the legal firm Bowmans, marked the biggest IPO in South Africa since 2017.
- AECI Limited on the introduction of a new BBBEE transaction in terms of which AECI Foundation will subscribing for a new class of ordinary shares in AECI Mining Ltd. (“AECI Mining”), a wholly-owned subsidiary of AECI, resulting in the Foundation holding an effective interest of 15.5% in AECI Mining.
- AutoX Proprietary Limited and Trinitas Equity Partners in relation to their acquisition from Ecobat Technology Limited of the Zimco group of companies, as well as a post-acquisition restructure of the Zimco group.
- TotalEnergies on the tax and exchange control issues arising from its disinvestment of the 36.36% minority stake (held by its subsidiary, TotalEnergies Marketing South Africa) to the Prax Group.
- KIBO Energy with the development of a portfolio of waste-to-energy projects in South Africa. In respect of the 50MW project for IGES, my assistance included the review of the tax assumptions used in the financial model, structuring and the review of transaction agreements.
- A Foreign Private Equity Client in relation to an investment into a Solar power business, including performing a due diligence on the target company that operates a solar design and installation business through crowd funded leasing finance and advising on the optimum ownership structure for purposes of acquiring target business.
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