Phuti Kgomo is a senior tax advisor in the Corporate Department and a member of the Johannesburg office Tax Practice.

Phuti specialises in corporate tax advisory and M&A. He also provides corporate tax advice on company reorganisations, broad-based black economic (BBBEE) transactions, debt restructures, share incentive schemes and independent power producers. He has extensive experience in providing due diligence (buy-side and sell-side), structuring and implementation assistance.

Phuti has assisted multinational entities with the tax and exchange control implications arising from outbound investments. This includes structuring advice, assessment of the appropriate ownership structure/jurisdiction, the implications of South African controlled foreign companies (CFC) legislation, the application of double tax agreements, claiming of foreign tax credits and transfer pricing.

Throughout his career, he has serviced local and multi-national clients across multiple sectors including financial services, private equity (PE), manufacturing and mining. His accounting background and current law studies enable him to consider client matter from alternative perspectives and holistic solutions that align with clients’ commercial objectives.

Relevant Experience

• Advised 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.
• Alexander Forbes Group of companies on its listing on the main board of the JSE, valued at ZAR 9.7 billion and recent assistance in respect of the group restructure and sale of assets, which included transactions that impacted the life insurance business.
• Provided fund formation, due diligence, and transaction structuring advice to various private equity firms, including Phatisa, Capitalworks, Horizon, Harith and Trinitas in respect numerous acquisitions and/or divestments from their portfolio companies.
• Advised AVI Limited in relation to the restructuring of Irvin & Johnson Holding Company Proprietary Limited’s existing B-BBEE transaction, given that the existing structure was nearing maturity.
• The South African Breweries Proprietary Limited and its parent, Anheuser-Busch InBev NV as tax and legal counsel to SAB and AB InBev with regard to the partial unwind/ implementation of SAB’s 8.45% 2010 B-BBEE transaction (“Zenzele 1.0”) in 2020 as well as their second B-BBEE transaction “Zenzele 2.0” in 2021.

• South Africa: Tax Due Diligence – An assessment of exposure risk and opportunity risk