Dr. Erasmo Nyika - Principal Partner
Taxation, Energy, Mining & Government Relations
Dr. Erasmo Nyika is a Principal Partner and our Head of Taxation, Energy, Mining and Government Relations practice. Erasmo’s outstanding experience includes the areas of tax laws including corpore income tax; indirect taxes such as Value Added Tax (VAT) and Excise Duty; Capital Gains Tax (CGT); import duties (classification and valuation of imported goods); Transfer Pricing; tax controversies, and other fiscal statutes. He possesses unrivalled knowledge and skills in Oil and Gas upstream, midstream, and downstream regulatory and fiscal frameworks; acquisition of mining rights and compliance requirements. Erasmo’s vast experience extends to corporate financing, corporate reorganisation and restructuring, exchange control, export finance, funding, general banking and commercial including derivative transactions, rulings. Investor-government relations being one of the critical aspects in running successful business ventures, Erasmo possess unique and cordial relationships with the key regulatory bodies thereby proving soft landings for present and prospective investors.
Office - General: +255 (0) 222 700 594 Email: erasmo@lawhill.co.tz
Office - Direct: +255 (0) 222 700 591 Website: www.lawhill.co.tz
Mobile: +255 (0) 759 247 118 Location: Dar es Salaam, Tanzania.
Credentials
- Doctor of Philosophy in Laws (Ph.D.), University of Aberdeen, Scotland, UK.
- Master of Laws (LL.M.), University of Dar es Salaam, Tanzania.
- Bachelor of Laws (LL.B.), University of Dar es Salaam, Tanzania.
- Postgraduate Diploma in Legal Practice (PGDLP), the Law School of Tanzania, Dar es Salaam, Tanzania.
- Admitted as an Advocate in Tanzania Mainland and Zanzibar.
Experience
- JSC Atomredmetzoloto (ARMZ) Successfully advised and represented ARMZ, a uranium exploration company and subsidiary Uranium One Inc., in resolving tax controversies relating to Capital Gains Tax of $196m and Stamp Duty of $ 9.8m.
- Vodacom Group Limited Provided tax planning advice for Vodacom Group Limited on its acquisition of 26.6% shareholding interest in Vodacom Tanzania PLC from Mirambo Limited at a consideration of $250m. The advice related to Capital Gains and Stamp Duty implications on the sale of shares listed with the Dar es Salaam Stock Exchange (DSE).
- Mirambo Limited Provided tax planning advice for Mirambo Limited on its disposal of 26.6% shareholding interest in Vodacom Tanzania PLC, and successfully represented the company in its Capital Gains Tax and Stamp Duty controversies of $63.5m on disposal of the shares listed at Dar es Salaam Stock Exchange (DSE).
- Vodacom Tanzania PLC Provided pieces of tax advices to Vodacom Tanzania PLC on various related party transactions and their implications from a Transfer Pricing and other complex commercial arrangements looking at their corporate tax, withholding tax, valued added tax, and excise duty implications.
- Vodacom Tanzania PLC Successfully representing Vodacom Tanzania PLC in closing numerous tax controversies worthy more than $200m (involving corporate income taxes; value added tax; excise duty; withholding taxes and Transfer Pricing adjustments) before the Tanzania Revenue Authority, Tax Revenue Appeals Board, Tax Revenue Appeals Tribunal, and the Court of Appeal of Tanzania.
- Vodacom Tanzania PLC Conducted legal and tax due diligence of Smile Communications Tanzania Limited and advised Vodacom Tanzania PLC it its acquisition of 100% issued share capital. The transaction involved the sale of Smile Telecoms Holdings Limited and Smile Telecoms IP Limited shares in Smile Communications Tanzania Limited to Vodacom Tanzania PLC.
- Tembo Nickel Corporation Limited Advised Tembo Nickel Corporation Limited on tax implications of the Management and Technical Support Agreement to be entered with Kabanga Nickel Limited, specifically looking at its compliance with the transfer pricing regulations.
- Williamson Diamonds Limited Advising and representing Williamson Diamonds Limited in its various corporate income taxes; withholding taxes, value added tax and import duties controversies before the Tanzania Revenue Authority; Tax Revenue Appeals Board, Tax Revenue Appeals Tribunal, and the Court of Appeal of Tanzania.
- RAKGas LLC Advised and successfully represented RAKGas LLC, an IOC, having three subsidiaries in Tanzania, in resolving Capital Gains Tax and Stamp Duty controversies of $9.5m arising from the Farm-out Agreement of its 25% interest in the Nyuni Development License under the Nyuni Production Sharing Agreement.
- RAKGas Zanzibar Limited
Advised RAKGas Zanzibar Limited on the terms of the Production Sharing Agreements signed with the Revolutionary Government of Zanzibar with respect to the exploration of the Pemba Contract Area.
- Ras Al Khaimah Gas Tanzania Limited
Represented and advised the company in its various tax audit done by the Tanzania Revenue Authority and successfully addressed significant amount of queries which resulted into mitigating tax exposures from $2.5m to $140,000.
- Upekee Lodges Limited
Advised Upekee Lodges Limited and Export Holding Limited in the Share Purchase Transaction for the sale of 767,810 ordinary shares held in Upekee Lodges Limited to Tourism Promotion Services (T) Limited (TPST), and successfully assisted the companies to effect the transfer and register with the Companies Registry.
- NCBA Group PLC
Advised NCBA Group Limited in its acquisition of seven (7) minority shareholders’ shares held in NCBA Bank Tanzania Limited to NCBA Group Limited, and successfully represented the company in computation and declarations of gains and securing tax clearance certificates for the acquisitions.
- NCBA Bank Tanzania Limited
Advised and represented NCBA Bank Tanzania Limited in closing its all its open tax controversies for various years, and successfully mitigated the tax exposures from more than TZS 15b to only TZS 1.9b, consequently assisted the Bank to report remarkable success for the year of income 2023.
- NCBA Bank Tanzania Limited
Advised and successfully represented NCBA Bank Tanzania Limited in its Capital Gains Tax controversy of TZS 19.6b arising from the sale of 100% shares held by NCBA Bank Kenya Limited and CBA Capital Limited in Commercial Bank of Africa (Tanzania) Limited.
- Bayport Finance Services (T) Limited
Advised and successfully represented the company in its Transfer Pricing, PAYE and SDL controversies before the Tanzania Revenue Authority, Tax Revenue Appeals Board and Tax Revenue Appeals Tribunal, where, both the Board and Tribunal ruled in the company’s favour in all the disputes worthy TZS 16.5b.
- Bayport Finance Services (T) Limited
Advised and acted successfully for the company in its Share Buyback Transaction worthy $3.2m involving the exit of its two shareholders.
- CRJE Estate Limited
Advised and successfully represented CRJE Estate Limited, a construction company before the Tax Revenue Appeals Board, Tax Revenue Appeals Tribunal, and the Court of Appeal of Tanzania in a TZS 2.2b assessment on short levied import duties.
- Augusta Energy Tanzania Limited
Advised and successfully represented Augusta Energy Tanzania Limited before the Commissioner General, TRA, in its TZS 5.7 billion Corporate Tax assessed on the Permanent Establishment basis; VAT; PAYE and SDL tax controversies.
- Tanruss Investments Limited T/A Dar es Salaam Serena Hotel
Advising and representing Dar es Salaam Serena Hotel in tax disputes involving the disallowance of more than TZS 80 billion transfer pricing disputes; value added tax and withholding taxes.
- Mirambo Mining Limited
Advised Mirambo Mining Limited in its acquisition of 100 issued share capital in Intra Energy Tanzania Limited.
- Corporate Insolvency Assignments
Appointed as Liquidator to undertake orderly dissolution of various companies and organizations including Gateways Communications Tanzania Limited; Vodacom Tanzania Limited (Zanzibar Subsidiary); Shared Networks Tanzania Limited; M-Pesa Trust Limited; Brookside Diary Tanzania Limited; and Vodacom Foundation.