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	<title>Comments for Michalsons</title>
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	<link>http://www.michalsons.co.za</link>
	<description>Leading legal insight</description>
	<lastBuildDate>Mon, 14 May 2012 09:21:12 +0000</lastBuildDate>
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		<title>Comment on The Consumer Protection Act – a heads up by Esti Louw</title>
		<link>http://www.michalsons.co.za/the-consumer-protection-act-a-heads-up/1382/comment-page-1#comment-829</link>
		<dc:creator>Esti Louw</dc:creator>
		<pubDate>Mon, 14 May 2012 09:21:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.michalsons.com/?p=1382#comment-829</guid>
		<description>Hi Clarice, you will obviously have to register your business in terms of the new Companies Act and comply with that piece of legislation. The other obvious piece of legislation that will affect you would be the Consumer Protection Act, that will govern the sale of your products. You will also have to comply with the ECT (Electronic Communication and Transactions Act) if you sell products online.</description>
		<content:encoded><![CDATA[<p>Hi Clarice, you will obviously have to register your business in terms of the new Companies Act and comply with that piece of legislation. The other obvious piece of legislation that will affect you would be the Consumer Protection Act, that will govern the sale of your products. You will also have to comply with the ECT (Electronic Communication and Transactions Act) if you sell products online.</p>
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		<title>Comment on The Consumer Protection Act – a heads up by John Giles</title>
		<link>http://www.michalsons.co.za/the-consumer-protection-act-a-heads-up/1382/comment-page-1#comment-825</link>
		<dc:creator>John Giles</dc:creator>
		<pubDate>Mon, 23 Apr 2012 14:14:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.michalsons.com/?p=1382#comment-825</guid>
		<description>Hi, I think you will find the following link very interesting and probably what you need http://onlinelegal.co.za/products/Online-Store-templates.html.</description>
		<content:encoded><![CDATA[<p>Hi, I think you will find the following link very interesting and probably what you need <a href="http://onlinelegal.co.za/products/Online-Store-templates.html" rel="nofollow" onclick="pageTracker._trackPageview('/outgoing/onlinelegal.co.za/products/Online-Store-templates.html?referer=');">http://onlinelegal.co.za/products/Online-Store-templates.html</a>.</p>
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		<title>Comment on The Consumer Protection Act – a heads up by clarice</title>
		<link>http://www.michalsons.co.za/the-consumer-protection-act-a-heads-up/1382/comment-page-1#comment-824</link>
		<dc:creator>clarice</dc:creator>
		<pubDate>Mon, 23 Apr 2012 10:37:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.michalsons.com/?p=1382#comment-824</guid>
		<description>Hi, I have a small &#039;business&#039; making cosmetic products (body butter) and selling them to close friends and family only. It started out as a hobby to earn pocket money, but I am now thinking about selling it to the general public via an online shop and perhaps a few boutiques. What laws do I need to comply with (as a registered business)? Your reply will be greatly appreciated</description>
		<content:encoded><![CDATA[<p>Hi, I have a small &#8216;business&#8217; making cosmetic products (body butter) and selling them to close friends and family only. It started out as a hobby to earn pocket money, but I am now thinking about selling it to the general public via an online shop and perhaps a few boutiques. What laws do I need to comply with (as a registered business)? Your reply will be greatly appreciated</p>
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		<title>Comment on Returns under the Consumer Protection Act by Nicholas Hall</title>
		<link>http://www.michalsons.co.za/returns-under-the-consumer-protection-act/9191/comment-page-1#comment-802</link>
		<dc:creator>Nicholas Hall</dc:creator>
		<pubDate>Tue, 13 Mar 2012 10:00:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.michalsons.co.za/?p=9191#comment-802</guid>
		<description>You will be liable for the shipping costs. Depending on what your suppler agreements say, you may be able to claim the shipping costs back from the supplier. Alternatively maybe you can come to arrangement with them to split the costs ?</description>
		<content:encoded><![CDATA[<p>You will be liable for the shipping costs. Depending on what your suppler agreements say, you may be able to claim the shipping costs back from the supplier. Alternatively maybe you can come to arrangement with them to split the costs ?</p>
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		<title>Comment on Returns under the Consumer Protection Act by MagnumIce</title>
		<link>http://www.michalsons.co.za/returns-under-the-consumer-protection-act/9191/comment-page-1#comment-801</link>
		<dc:creator>MagnumIce</dc:creator>
		<pubDate>Mon, 12 Mar 2012 15:11:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.michalsons.co.za/?p=9191#comment-801</guid>
		<description>I am a retailer located in East London. My supplier is located in Natal.  I sold a product to a customer and it has gone faulty. Who pays the freight costs to send it back for repair or replacement. The item is under warranty.</description>
		<content:encoded><![CDATA[<p>I am a retailer located in East London. My supplier is located in Natal.  I sold a product to a customer and it has gone faulty. Who pays the freight costs to send it back for repair or replacement. The item is under warranty.</p>
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		<title>Comment on Tax Break for Software Developers by Nicholas Hall</title>
		<link>http://www.michalsons.co.za/tax-break-for-software-developers/10169/comment-page-1#comment-800</link>
		<dc:creator>Nicholas Hall</dc:creator>
		<pubDate>Wed, 29 Feb 2012 09:14:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.michalsons.co.za/?p=10169#comment-800</guid>
		<description>Failed research projects would still be deductible, but I can see where the confusion comes from. &quot;leads to the generation of income&quot; requirement means that the RnD you are doing must be inline with your business&#039;s means of producing income, generally speaking. For example a specialsy RnD firm would have the benefit of claiming back almost any RnD expenses done regardless of what field it was for. However a Software developer wouldn&#039;t be able to claim RnD expenses for researching a new light bulb, as it is not inline with what they usually do to make income.</description>
		<content:encoded><![CDATA[<p>Failed research projects would still be deductible, but I can see where the confusion comes from. &#8220;leads to the generation of income&#8221; requirement means that the RnD you are doing must be inline with your business&#8217;s means of producing income, generally speaking. For example a specialsy RnD firm would have the benefit of claiming back almost any RnD expenses done regardless of what field it was for. However a Software developer wouldn&#8217;t be able to claim RnD expenses for researching a new light bulb, as it is not inline with what they usually do to make income.</p>
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		<title>Comment on Tax Break for Software Developers by byrd</title>
		<link>http://www.michalsons.co.za/tax-break-for-software-developers/10169/comment-page-1#comment-799</link>
		<dc:creator>byrd</dc:creator>
		<pubDate>Sun, 26 Feb 2012 03:15:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.michalsons.co.za/?p=10169#comment-799</guid>
		<description>&quot;it needs to lead to the generation of income &quot;

The definition of research and development (the result is uncertain) means that it is impossible to know if the specific research will yield results that will lead to a profitable marketable product. I see no reason why &quot;unsuccessful&quot; research cannot be offset against other profit generating projects within a company.</description>
		<content:encoded><![CDATA[<p>&#8220;it needs to lead to the generation of income &#8221;</p>
<p>The definition of research and development (the result is uncertain) means that it is impossible to know if the specific research will yield results that will lead to a profitable marketable product. I see no reason why &#8220;unsuccessful&#8221; research cannot be offset against other profit generating projects within a company.</p>
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		<title>Comment on Tax Break for Software Developers by Nicholas Hall</title>
		<link>http://www.michalsons.co.za/tax-break-for-software-developers/10169/comment-page-1#comment-792</link>
		<dc:creator>Nicholas Hall</dc:creator>
		<pubDate>Sun, 12 Feb 2012 10:58:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.michalsons.co.za/?p=10169#comment-792</guid>
		<description>I&#039;m not sure that it being &quot;hyped up&quot; is a bad thing. The deduction for RnD has been around for a long time, but no one ever used it, mainly because no one knew about it. If the hype around the tax break leads to more developers applying, then this is only a good thing. 

&lt;blockquote&gt;&quot;co-incides with “doing good for the people”&lt;/blockquote&gt; There is no requirement of public good in any of the provisions, so if they Minister did do this, you could challenge the ruling. The stated goal and aim of the tax break is to encourage and help promote the software development industry, so I think we have to be optimistic that generally people will qualify just because they are software developers. The automated retweeting of tweets theoretically should be granted the exemption, remember though it needs to lead to the generation of income in order to qualify for the deduction, so your example of hiring developers to just randomly develop software wouldn&#039;t work unless some of their development actually ended up with income being generated. The last thing to bear in mind that tax break takes the form of a deduction, and not a rebate, you won&#039;t actually get 150% of your expenses back, but it will significantly reduce the tax you will have to pay.</description>
		<content:encoded><![CDATA[<p>I&#8217;m not sure that it being &#8220;hyped up&#8221; is a bad thing. The deduction for RnD has been around for a long time, but no one ever used it, mainly because no one knew about it. If the hype around the tax break leads to more developers applying, then this is only a good thing. </p>
<blockquote><p>&#8220;co-incides with “doing good for the people”</p></blockquote>
<p> There is no requirement of public good in any of the provisions, so if they Minister did do this, you could challenge the ruling. The stated goal and aim of the tax break is to encourage and help promote the software development industry, so I think we have to be optimistic that generally people will qualify just because they are software developers. The automated retweeting of tweets theoretically should be granted the exemption, remember though it needs to lead to the generation of income in order to qualify for the deduction, so your example of hiring developers to just randomly develop software wouldn&#8217;t work unless some of their development actually ended up with income being generated. The last thing to bear in mind that tax break takes the form of a deduction, and not a rebate, you won&#8217;t actually get 150% of your expenses back, but it will significantly reduce the tax you will have to pay.</p>
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		<title>Comment on Tax Break for Software Developers by Chris M</title>
		<link>http://www.michalsons.co.za/tax-break-for-software-developers/10169/comment-page-1#comment-791</link>
		<dc:creator>Chris M</dc:creator>
		<pubDate>Fri, 10 Feb 2012 22:39:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.michalsons.co.za/?p=10169#comment-791</guid>
		<description>My opinion here is that this topic has been incredibly hyped up and the minister will more than likely only grant this &quot;benefit&quot; to those producing software that co-incides with &quot;doing good for the people&quot;. What I mean by this is that if I were creating some software like automated retweeting of tweets, I somehow doubt I&#039;d be able to claim back 150% on the R&amp;D of that?

Further to this, surely there&#039;s a limit here, otherwise I could hire of team of folks to build software and claim back hugely against all of them?

I smell a fish, hyped up topic with a lot of talk and potentially very little action for the average person.</description>
		<content:encoded><![CDATA[<p>My opinion here is that this topic has been incredibly hyped up and the minister will more than likely only grant this &#8220;benefit&#8221; to those producing software that co-incides with &#8220;doing good for the people&#8221;. What I mean by this is that if I were creating some software like automated retweeting of tweets, I somehow doubt I&#8217;d be able to claim back 150% on the R&amp;D of that?</p>
<p>Further to this, surely there&#8217;s a limit here, otherwise I could hire of team of folks to build software and claim back hugely against all of them?</p>
<p>I smell a fish, hyped up topic with a lot of talk and potentially very little action for the average person.</p>
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		<title>Comment on Tax Break for Software Developers by Nicholas Hall</title>
		<link>http://www.michalsons.co.za/tax-break-for-software-developers/10169/comment-page-1#comment-789</link>
		<dc:creator>Nicholas Hall</dc:creator>
		<pubDate>Fri, 10 Feb 2012 15:05:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.michalsons.co.za/?p=10169#comment-789</guid>
		<description>Well technically speaking you only need to apply if you want the full 150% deduction. If you do you need to apply to the minister of Science and Technology, which you can do here: http://www.dst.gov.za/r-d</description>
		<content:encoded><![CDATA[<p>Well technically speaking you only need to apply if you want the full 150% deduction. If you do you need to apply to the minister of Science and Technology, which you can do here: <a href="http://www.dst.gov.za/r-d" rel="nofollow" onclick="pageTracker._trackPageview('/outgoing/www.dst.gov.za/r-d?referer=');">http://www.dst.gov.za/r-d</a></p>
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