This thesis analyses the Australian approach to taxation of goodwill and related intangibles. It asks the questions: 'Is the current Australian approach to taxation of goodwill coherent?'; and 'Could a different approach minimise any distortions?' The thesis identifies the increasing importance of goodwill and other intangible property in a modern information-based economy. It identifies benchmarks for a 'good' tax system ??? such as efficiency, simplicity, and equity. It emphasises the criteria of simplicity and efficiency but includes other criteria and specifically considers the issue of alignment of accounting and legal concepts. It concludes that the current misalignment makes it difficult for the tax system to deal with goodwill coherently. The thesis criticises the treatment of goodwill under various Australian taxes, including stamp duty; Goods and Services Tax; taxation of capital gains; and income tax. It specifically considers the treatment of intangible sources of goodwill and their relationship with goodwill itself. The discussion of income tax pays particular attention to the role of goodwill and other intangibles in international transfer pricing. The thesis draws conclusions about the treatment of goodwill in Australia and whether the Australian approach meets the benchmarks established at the outset. The thesis demonstrates that the current Australian approach leads, inter alia, to tax avoidance. The current approach also offends a number of other criteria of a 'good' system. The thesis considers the UK tax treatment of intangibles held by resident companies and considers this model for Australia. It also considers the abandoned 'Tax Value Method' previously proposed for Australia. From this and other material, it suggests possible new directions and an alternative approach to taxing goodwill in Australia. These include a consistent and coherent definition of goodwill for tax that is compatible with law and accounting. The thesis also urges the development of a consistent approach to taxing goodwill at both the state and federal levels; and suggests greater reliance on the existence of goodwill as a means to establish jurisdiction to impose tax in international tax situations.

Using a large sample of mergers and acquisitions from 27 countries over a 16-year period, I investigate how differences in tax and financial reporting policies affect the premium and structure of cross-border mergers and acquisitions. I find evidence that firms pay a premium to reduce the tax risk associated with strict transfer pricing rules. Further analysis segments acquisitions into those that are strictly financial versus those that are more strategic. Financial acquisitions are those where the acquirer is making the purchase for investment purposes rather than strategic reasons. These financial transactions generally lead to less integration between the two companies and therefore less inter-company transactions involving transfer pricing. Evidence based on this segmentation suggests that only differences in transfer pricing risk for non-financial acquisitions are priced. The results suggest that while on average non-financial acquirers will pay a higher premium to reduce transfer pricing risk regardless of industry, only those in highly scrutinized industries with high levels of intangibles, such as pharmaceuticals, will demand a discount for transactions which increase transfer pricing risk. In tests of acquisition structure, I find that shareholder-level capital gain taxes influence the structure of an acquisition. The influence of shareholder-level taxes is reduced by the presence of information asymmetry concerning the acquirer’s stock value. However, higher quality financial reporting reduces information asymmetry and improves the tax efficiency of acquisition structure providing tangible economic benefit to shareholders.

Using a large sample of mergers and acquisitions from 27 countries over a 16-year period, I investigate how differences in tax and financial reporting policies affect the premium and structure of cross-border mergers and acquisitions. I find evidence that firms pay a premium to reduce the tax risk associated with strict transfer pricing rules. Further analysis segments acquisitions into those that are strictly financial versus those that are more strategic. Financial acquisitions are those where the acquirer is making the purchase for investment purposes rather than strategic reasons. These financial transactions generally lead to less integration between the two companies and therefore less inter-company transactions involving transfer pricing. Evidence based on this segmentation suggests that only differences in transfer pricing risk for non-financial acquisitions are priced. The results suggest that while on average non-financial acquirers will pay a higher premium to reduce transfer pricing risk regardless of industry, only those in highly scrutinized industries with high levels of intangibles, such as pharmaceuticals, will demand a discount for transactions which increase transfer pricing risk. In tests of acquisition structure, I find that shareholder-level capital gain taxes influence the structure of an acquisition. The influence of shareholder-level taxes is reduced by the presence of information asymmetry concerning the acquirer’s stock value. However, higher quality financial reporting reduces information asymmetry and improves the tax efficiency of acquisition structure providing tangible economic benefit to shareholders.

This study addresses the question of whether the relation between investor-level taxes and a firm's capital structure decisions varies predictably with financial constraints. Using the setting of the 2003 reduction in individual tax rates for ordinary income, dividends, and capital gains, this study documents that constrained firms decrease their debt use in response to the 2003 tax cuts, while unconstrained firms increase their debt use over the same period. I find these effects are only evident among firms with relatively high individual ownership, which is the group of firms that theory suggests will react to the tax cuts. This paper contributes to the literature on how investor-level taxes influence firms' financing decisions as well as the literature pertaining to the 2003 Tax Act.

The decision of an estate owner to employ a trust as an estate planning instrument normally involves the disposal of all or part of his growth assets to the trust. This is done to ensure that the value of such growth assets is pegged down in his personal estate, whilst any growth in the assets occurs in the trust. The objective is to minimise any estate duty that will be payable after his death. The transfer of such assets and the concomitant negotiation of the settlement of the purchase price are normally agreed to occur on loan account which will be repayable on demand. Subsequent to the disposal of the assets, it is a well established estate planning technique for the estate owner to reduce the loan account by annually waiving R30 000 of such loan in favour of the trust. This results in reducing the debit loan (asset) in the hands of the estate owner and thereby also improving his position from an estate duty point of view. The liability (credit loan) of the trust is thereby annually reduced. Because an individual can donate R30 000 annually free of donations tax, no additional donations tax liability will be incurred when applying this technique. Most estate owners that have applied the abovementioned technique, include in their will a provision whereby they bequeath any outstanding loan from the trust at the date of the testator's death, to the trust as a legatee. On 1 October 2001 South Africa entered into a new tax dispensation with the introduction of capital gains tax (CGT). Comprehensive legislation was included in the Income Tax Act (8th schedule) to regulate this new form of taxation. Paragraph 12(5) of the 8th schedule specifically stipulates that a reduction or waiver of a loan/debt will attract CGT. Therefore the above mentioned techniques of donating a portion, and subsequently bequeathing the outstanding loan amount to a trust suddenly became the target of SARS' close scrutiny from a CGT perspective. Hence, it was no surprise that the first High Court decision on CGT had recently been delivered in this regard. The purpose of this dissertation is to investigate and scrutinise, not only the decision in the abovementioned court case, but also the various opinions and arguments raised on this topic. The submission is that the findings and conclusions of such an investigation should enable those involved in estate planning and the preparation of wills to be wary of the CGT risks attached to the abovementioned techniques and to avoid the pitfalls. Certain recommendations and conclusions to achieve the same estate planning result, are proposed in this dissertation. Certain suggestions were also made with regards to the wording of provisions to be included in a will in order to bequeath a loan or debt to a trust without the risk of attracting unforeseen CGT. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2006.

As the international markets opened up it became imperative that the for South African taxation system be brought into line with those of its major trading partners whose tax systems are residence based. For South Africans the change to a residence base and the introduction of Capital Gains Tax in 2001 drastically altered the previous source-based tax playing fields. The purpose of this research is to investigate all aspects of residence and its effect on natural persons as well as other legal personae and to discuss how the various forms of income are affected by the new tax dispensation. The position in other fiscal dispositions is also scrutinised to give the reader a more comprehensive understanding of residence-based taxation as applied by some of South Africa's major trading partners. For foreign nationals residing in South Africa, the new system has also had its negative impact. Previously, their foreign earnings were free from local tax because of the old source base system, but this has also changed. The South African legal system is also thoroughly canvassed regarding two important concepts, namely, "resident" and "ordinary resident" and what are meant by them in terms of tax law. These concepts have also enjoyed the scrutiny of the other fiscal dispensations legal systems reviewed. Residence tests to determine the tax status of a person in South Africa and in other fiscal dispensations are investigated in this study to give anyone wishing to emigrate to other climes, a better understanding of what they can expect from a taxation point of view from the fiscal authorities there. The impact of residence on most forms of income is discussed including that of foreign workers and on other legal entities such as companies, while Capital Gains Tax, and the importance of residence on this tax is also canvassed by this study. The study concludes with a review of the standard Double Tax Agreement concluded by South Africa with most other countries and lists those countries with which it has such agreements. / Thesis (M.Com.)-University of KwaZulu-Natal, Durban, 2004.

Sectional ownership has introduced several new concepts of property that differ significantly from prevailing as well as common-law concepts of property. The right of extension with regards to sectional titles is one such concept. The right entails a subtraction from the dominium of sectional owners and is widely regarded as a limited real right. It is submitted that the right cannot be categorised into any common-law category. The right is a statutory limited real right sui generis that has its own characteristics with regards to the way it is established, transferred, alienated, burdened or lapses. The right should also be recognised as constitutional property. The study concludes with an investigation into selected aspects relating to the right as an estate asset and points to problems relating to the valuation of the right for purposes of estate, capital gains and donation tax. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014

The decision of an estate owner to employ a trust as an estate planning instrument normally involves the disposal of all or part of his growth assets to the trust. This is done to ensure that the value of such growth assets is pegged down in his personal estate, whilst any growth in the assets occurs in the trust. The objective is to minimise any estate duty that will be payable after his death. The transfer of such assets and the concomitant negotiation of the settlement of the purchase price are normally agreed to occur on loan account which will be repayable on demand. Subsequent to the disposal of the assets, it is a well established estate planning technique for the estate owner to reduce the loan account by annually waiving R30 000 of such loan in favour of the trust. This results in reducing the debit loan (asset) in the hands of the estate owner and thereby also improving his position from an estate duty point of view. The liability (credit loan) of the trust is thereby annually reduced. Because an individual can donate R30 000 annually free of donations tax, no additional donations tax liability will be incurred when applying this technique. Most estate owners that have applied the abovementioned technique, include in their will a provision whereby they bequeath any outstanding loan from the trust at the date of the testator's death, to the trust as a legatee. On 1 October 2001 South Africa entered into a new tax dispensation with the introduction of capital gains tax (CGT). Comprehensive legislation was included in the Income Tax Act (8th schedule) to regulate this new form of taxation. Paragraph 12(5) of the 8th schedule specifically stipulates that a reduction or waiver of a loan/debt will attract CGT. Therefore the above mentioned techniques of donating a portion, and subsequently bequeathing the outstanding loan amount to a trust suddenly became the target of SARS' close scrutiny from a CGT perspective. Hence, it was no surprise that the first High Court decision on CGT had recently been delivered in this regard. The purpose of this dissertation is to investigate and scrutinise, not only the decision in the abovementioned court case, but also the various opinions and arguments raised on this topic. The submission is that the findings and conclusions of such an investigation should enable those involved in estate planning and the preparation of wills to be wary of the CGT risks attached to the abovementioned techniques and to avoid the pitfalls. Certain recommendations and conclusions to achieve the same estate planning result, are proposed in this dissertation. Certain suggestions were also made with regards to the wording of provisions to be included in a will in order to bequeath a loan or debt to a trust without the risk of attracting unforeseen CGT. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2006.

This thesis analyses the Australian approach to taxation of goodwill and related intangibles. It asks the questions: 'Is the current Australian approach to taxation of goodwill coherent?'; and 'Could a different approach minimise any distortions?' The thesis identifies the increasing importance of goodwill and other intangible property in a modern information-based economy. It identifies benchmarks for a 'good' tax system ??? such as efficiency, simplicity, and equity. It emphasises the criteria of simplicity and efficiency but includes other criteria and specifically considers the issue of alignment of accounting and legal concepts. It concludes that the current misalignment makes it difficult for the tax system to deal with goodwill coherently. The thesis criticises the treatment of goodwill under various Australian taxes, including stamp duty; Goods and Services Tax; taxation of capital gains; and income tax. It specifically considers the treatment of intangible sources of goodwill and their relationship with goodwill itself. The discussion of income tax pays particular attention to the role of goodwill and other intangibles in international transfer pricing. The thesis draws conclusions about the treatment of goodwill in Australia and whether the Australian approach meets the benchmarks established at the outset. The thesis demonstrates that the current Australian approach leads, inter alia, to tax avoidance. The current approach also offends a number of other criteria of a 'good' system. The thesis considers the UK tax treatment of intangibles held by resident companies and considers this model for Australia. It also considers the abandoned 'Tax Value Method' previously proposed for Australia. From this and other material, it suggests possible new directions and an alternative approach to taxing goodwill in Australia. These include a consistent and coherent definition of goodwill for tax that is compatible with law and accounting. The thesis also urges the development of a consistent approach to taxing goodwill at both the state and federal levels; and suggests greater reliance on the existence of goodwill as a means to establish jurisdiction to impose tax in international tax situations.

abstract: I examine the degree to which stockholders' aggregate gain/loss frame of reference in the equity of a given firm affects their response to the firm's quarterly earnings announcements. Contrary to predictions from rational expectations models of trade (Shackelford and Verrecchia 2002), I find that abnormal trading volume around earnings announcements is larger (smaller) when stockholders are in an aggregate unrealized capital gain (loss) position. This relation is stronger among seller-initiated trades and weaker in December, consistent with the cognitive bias referred to as the disposition effect (Shefrin and Statman 1985). Sensitivity analysis reveals that the relation is stronger among less sophisticated investors and for firms with weaker information environments, consistent with the behavioral explanation. I also present evidence on the consequences of this disposition effect. First, stockholders' aggregate unrealized capital gain position moderates the degree to which information-related determinants of trade (e.g. unexpected earnings, firm size, and forecast dispersion) affect abnormal announcement-window trading volume. Second, stockholders' aggregate unrealized capital gains position is associated with announcement-window abnormal returns, consistent with the disposition effect reducing the market's ability to efficiently incorporate earnings news into price. / Dissertation/Thesis / Ph.D. Accountancy 2012