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Photo, Denny Da Silva

Denny Da Silva

Senior Tax Advisor
Baker & McKenzie

Biography

Denny Da Silva is a senior tax advisor and director designate in Baker McKenzie's Tax Practice Group in Johannesburg. He has more than 18 years' experience in both domestic and international corporate tax, as well as in the application of exchange control regulations. He also has experience in tax due diligence, corporate restructurings, mining transactions, private equity fund structures, management carry structures, black economic empowerment, transfer pricing and employee's tax.

Denny also guest lectures at the University of Johannesburg's MCom Tax programme.

Representative Legal Matters

  • Assisted an Indian multinational company, the second-largest bottler of PepsiCo beverages, in analysing a transaction proposed by sellers. This analysis aimed to assess the tax implications of the proposals related to the recent acquisition of BevCo, the bottler of all PepsiCo-branded non-alcoholic beverages in South Africa, along with its wholly owned subsidiaries.

  • Advised a black, woman-owned energy investment firm on a transaction structure initially proposed by the seller, identifying its inefficiencies, which led to recommendations for a more optimal structure that benefited both parties.

  • Advised an Africa-focused private equity firm on a tax-efficient exit strategy. Identified and mitigated tax exposures and approached SARS for a ruling to extend the deregistration period of certain entities to avoid triggering adverse tax consequences.

  • Assisted the third-largest sugar producer in Tanzania with preparing the proposed transaction structure and steps, including coordinating tax and currency control input from counsel in Tanzania, Mauritius, Mozambique, Zimbabwe and Botswana.

  • Advised ENGIE of the direct tax implications in relation to its acquisition of Xina Solar One.

  • Advised EPC Fund on the direct and indirect tax implications in relation to its acquisition of Burger King South Africa.

  • Advised Impala Platinum Holdings Limited of the direct tax implications in respect of the investment into AP Ventures Fund II.

  • Advised Whirlpool and assisted with a transfer pricing audit by the South African tax authority.

  • Advised Equinix on the tax considerations relevant for its establishment of its South African structure.

  • Provided tax dispute resolution assistance to client in respect of employment tax incentive.

  • Provided tax advice to an international client in respect of the establishment of a carbon credit generating business and the trading of carbon credits.

Professional Associations and Memberships

  • South African Institute of Tax Practitioners

Education

  • International Bureau of Fiscal Documentation IBFD (Transfer Pricing Certificate) (2022)
  • South African Institute of Tax Practitioners (Chartered Tax Practitioner) (2022)
  • University of Johannesburg (LL.M. Corporate Law) (2014)
  • University of Johannesburg (Higher Diploma International Tax Law) (2008)
  • University of Johannesburg (Higher Diploma Tax Law) (2007)
  • University of Johannesburg (LLB) (2005)

Languages

  • Afrikaans
  • English
  • Portuguese