Denny Da Silva | People | 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

Advised a leading South African retail group on tax and VAT implications of a major retail acquisition, including due diligence on historic import and distribution exposures, tariff classification and third-party risks. Analysed pre transaction restructuring, quantified risk and remediation strategies, and supported investment decisions in a complex, high value M&A transaction.
Advised a leading South African retail group on the tax structuring of a complex carve out and joint venture involving its financial services and insurance business, including asset transfers, equity and debt structuring, and regulatory considerations. Analysed income tax, VAT and capital gains implications to support a high value, strategically significant transaction.
Advised a multinational digital infrastructure group on buy side tax due diligence and transaction structuring for a South African investment, including analysis of income tax, VAT, customs and compliance risks. Designed tax efficient acquisition and funding structures aligned with cross border requirements, supporting risk mitigation and deal execution.
Advised a leading hospitality group on structuring a multi jurisdiction, multi-currency debt restructuring, including refinancing USD denominated debt into ZAR. Provided tax and exchange control advice, coordinated cross border advisors, and delivered a structure enabling tax efficiency and settlement of intra group debt in a complex regulatory environment.
Advised on tax aspects of a corporate restructuring involving rollover relief provisions, including analysis of income tax deferral mechanics. Considered corporate and partnership tax principles and assessed complex, potentially contentious areas to support efficient transaction planning.
Advised a multi entity corporate group on restructuring in anticipation of a shareholder exit, including development of alternative transaction structures. Supported a leveraged exit of a key shareholder, providing ongoing tax advisory input across multiple iterations of a complex, evolving transaction.
Advised a telecommunications infrastructure group on tax aspects of a debt-to-equity conversion, ensuring BEE compliance and cross border tax efficiency. Structured equity instruments to meet commercial return objectives, addressed Dutch tax considerations, and drafted share terms and implementation agreements for a complex financing restructure.
Advised an investment consortium on buy side tax due diligence for the acquisition of a majority stake in a multi entity mining services group. Assessed corporate tax, VAT and withholding risks, identified material exposures and disputes, and developed pre and post completion strategies to support valuation and transaction structuring.
Advised a multinational heavy and related industry group on various corporate income tax and employees tax matters in jurisdictions including South Africa, Liberia and Zambia
Advised an international aerospace company on a compliance remediation project with respect to its South African branch operations, including quantification of exposure and preparation of the compliance remediation strategy and filings.
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