Mr. Korten lectures the following:

  • International Tax & Tax Treaties
  • Advanced Diploma in International Taxation

Summary

B.Comm. LLB. H.Dip Tax

Information

Mark Korten has practised as a full time attorney of the High Court of South Africa in the Division of the Northern Provinces for over 15 years and is a registered foreign lawyer in Mauritius.  Mark holds the degree of Bachelor of Commerce, with majors in Accounting and Economics from the University of Cape Town.  He also holds the degrees of Bachelor of Laws and a High Diploma in Tax Law from the University of Witwatersrand in South Africa.

Mark has over 17 years experience specialising in tax and commercial law. He has extensive experience in the consideration, negotiation, structuring and drafting of various commercial arrangements, including mergers, acquisitions, corporate restructuring, service agreements, leases, shareholders agreements, the establishment of various legal vehicles such as companies (including various types of companies in numerous jurisdictions such as Isle of Man, Jersey, Guernsey, Monaco, Liechtenstein, Mauritius, Seychelles, British Virgin Islands and the State of Delaware, USA) local and offshore trusts and hybrid partnership vehicles.  Mark’s specialisation in tax law relates to South African and related international tax law, estate planning, the consequences of and South African exchange control issues relating to cross border transactions and international group structures, as well as tax experience relating to all types of transactions involving domestic tax law in South Africa, including normal income tax, value added tax, capital gains tax, withholding taxes and the use of international double taxation treaties in tax planning, predominantly relating to Sub-Saharan Africa.

Mark’s career has involved the advising of various international clients on a range of issues pertaining to South African and international law, including income tax, South African Exchange Control Regulations, death duty planning, emigration and immigration of individuals to and from South Africa. Having lived in Mauritius for the past 2 years he is also well acquainted with the taxation, financial services and offshore related laws of Mauritius.

Mark commenced his legal career as a legal clerk at attorneys Hofmeyr Herbstein. He then joined attorneys Daniel Erasmus & Partners Incorporated in 1993. In 2002 the law firm Erasmus Korten Hiepner Inc merged with Moss Morris Attorneys to become its dedicated tax department where Mark served as an equity partner until 2004 when he left Moss Morris and co-founded attorneys Korten Hiepner Faber Goërtz Inc which practised in Sandton in South Africa. Mark and his family decided to immigrate to Mauritius in late 2008, being a location where Mark has for some years spent significant time and has an established client base by virtue of using Mauritius as an offshore jurisdiction for tax planning purposes. During late 2008 Mark was appointed as a Consultant to attorneys Eversheds in South Africa (previously Routlege Modise), and also acts as a Consultant to the recently established foreign law firm registered in Mauritius called Eversheds (Mauritius) Ltd. Mark is one of the first foreign lawyers to be licensed as such in terms of the new Mauritian laws regulating legal practitioners. Presently Mark commutes between South Africa and Mauritius servicing clients at both locations. In 2009 Mark was appointed as a consultant to TRM Services (Pty) Ltd, acting as its Mauritian representative office.

From 2001 to 2007 Mark was an acting Chairman for the Special Board for Hearing Income Tax Appeals in South Africa. He has also written various articles for legal publications, and is co-author of the book 2003 Exchange Control and Tax Amnesty by Butterworths. As head of the Amnesty Applications Team at Moss Morris Attorneys in 2003 Mark personally consulted with approximately 800 prospective amnesty applicants and managed in the region of 600 amnesty applications, all of which were successfully granted. Over the last 7 years Mark has presented at various tax seminars in South Africa.

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