From time to time the court delivers a judgment that has a ripple effect beyond what was expected, resulting in estate planners reconsidering their planning strategies. Such a judgment was the judgment delivered by the Supreme Court of Appeal (SCA) in the case of the Commissioner for the South African Revenue Services v Brummeria Renaissance 2007 6 SA 601 (SCA) (Brummeria case). In this case the interest-free loan and the right to use loan capital free of any interest obligation were under scrutiny. The SCA had to rule on whether or not this right had a determinable value and whether or not this value could be taxable in the hands of the borrower. The SCA ruled that the right under an interest-free loan should be included in the gross income of the borrower. Since estate planning often involves the use of an interest-free loan, as estate planning tool, to remove a growth asset from the estate of a planner, it could not be generally accepted any more that the granting of such loan would not have any tax implications. Although the interest-free loans used in the Brummeria case, did not relate to an estate planning exercise, the ruling resulted in much speculation regarding the future of the interest-free loan as estate planning tool. SARS tried to ease the uncertainty by issuing Interpretation Note 58, but there is still uncertainty to some extent. The focus of this mini-dissertation is to explain when and to what extend the provisions of the Income Tax Act 58 of 1962 (ITA) as well as the Estate Duty Act 45 of 1955 (EDA) will apply to the granting of an interest-free loan as part of an estate planning exercise. The provisions of the gross income definition, sections 7 and 64E, the provisions of donations tax as well as paragraph 12(5) and 12A of the Eighth Schedule to the ITA, were explored. Sections 3(3) and 3(5) of the EDA are discussed with the use of these loans for estate planning in mind. The question whether or not the interest-free loan is still a useful estate planning tool is also answered. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2015

Death and taxes are unavoidable. In terms of the current legislation both estate duty and capital gains tax (hereinafter referred to as 'CGT') are levied upon death. The South African National Treasury is reconsidering taxes on death as estate duty contributes minuscule revenue, and its administration is cumbersome. Worldwide taxation is based on either source or residence. Because of the R3 500 000 exemption from estate duty, only wealthy individuals are generally subject to estate duty. Wealthy individuals make use of the annual R4 000 000 foreign investment capital allowance by owning offshore property. The aim of this study is to document how death taxes are currently levied on an estate which holds offshore property, given the perception that foreign property is exempt from death duties, and also to consider the impact on taxes payable on offshore property at death if estate duty were to be abolished. These objectives cannot be achieved without a thorough understanding of the development and future of estate duty, the impact of CGT on death, how selected foreign countries levy taxes upon death, and how residents of South Africa are taxed on property situated within foreign countries. When CGT was introduced in 2001 the estate duty rate was reduced and it is likely that, if estate duty is repealed, the rate of CGT will be increased. In South Africa, residents are taxed on worldwide income and capital gains. The international perspective is that the foreign country has the sovereignty to levy taxes on a person who owns property situated within its boundaries. An estate which holds offshore property may also be subject to estate duty in terms of the tax law of that country which results in double taxation in the hands of the deceased estate. South Africa has concluded international agreements with a number of foreign countries through double tax agreements and estate tax treaties to prevent double taxation. In terms of the Estate Duty Act, and in some of the treaties, a rebate is allowed in respect of foreign estate taxes paid. However, if estate duty is abolished, the deceased estate may be liable for estate tax in the foreign country where the assets are situated and the deceased estate may not qualify for any rebate in South Africa in respect of foreign taxes paid. Hence, the abolition may have detrimental consequences on the liquidity requirements, and on the heirs, in cases where offshore property is involved. It is vital that proper estate and tax planning advice is given before a resident acquires offshore property as the tax implications may be enormous. The current impact of estate duty and CGT on a resident who owns offshore assets is that the said taxes will be levied either here in South Africa or in the foreign country. The effect of capital transfer tax on a resident with an offshore asset can never be underestimated. / Thesis (M.Com. (Tax))--North-West University, Potchefstroom Campus, 2011.

Death and taxes are unavoidable. In terms of the current legislation both estate duty and capital gains tax (hereinafter referred to as 'CGT') are levied upon death. The South African National Treasury is reconsidering taxes on death as estate duty contributes minuscule revenue, and its administration is cumbersome. Worldwide taxation is based on either source or residence. Because of the R3 500 000 exemption from estate duty, only wealthy individuals are generally subject to estate duty. Wealthy individuals make use of the annual R4 000 000 foreign investment capital allowance by owning offshore property. The aim of this study is to document how death taxes are currently levied on an estate which holds offshore property, given the perception that foreign property is exempt from death duties, and also to consider the impact on taxes payable on offshore property at death if estate duty were to be abolished. These objectives cannot be achieved without a thorough understanding of the development and future of estate duty, the impact of CGT on death, how selected foreign countries levy taxes upon death, and how residents of South Africa are taxed on property situated within foreign countries. When CGT was introduced in 2001 the estate duty rate was reduced and it is likely that, if estate duty is repealed, the rate of CGT will be increased. In South Africa, residents are taxed on worldwide income and capital gains. The international perspective is that the foreign country has the sovereignty to levy taxes on a person who owns property situated within its boundaries. An estate which holds offshore property may also be subject to estate duty in terms of the tax law of that country which results in double taxation in the hands of the deceased estate. South Africa has concluded international agreements with a number of foreign countries through double tax agreements and estate tax treaties to prevent double taxation. In terms of the Estate Duty Act, and in some of the treaties, a rebate is allowed in respect of foreign estate taxes paid. However, if estate duty is abolished, the deceased estate may be liable for estate tax in the foreign country where the assets are situated and the deceased estate may not qualify for any rebate in South Africa in respect of foreign taxes paid. Hence, the abolition may have detrimental consequences on the liquidity requirements, and on the heirs, in cases where offshore property is involved. It is vital that proper estate and tax planning advice is given before a resident acquires offshore property as the tax implications may be enormous. The current impact of estate duty and CGT on a resident who owns offshore assets is that the said taxes will be levied either here in South Africa or in the foreign country. The effect of capital transfer tax on a resident with an offshore asset can never be underestimated. / Thesis (M.Com. (Tax))--North-West University, Potchefstroom Campus, 2011.

In this paper, the author analyses one of the obligations to inform recently implemented in Spain that requires from natural and legal persons to report about assets and properties abroad. Failure to comply with this requirement may make recognition of a gain over incomes and properties values not being declared. These gains will be considered income tax from last tax period. / En el presente trabajo, la autora analiza una obligación de informar recientemente incorporada al ordenamiento español que obliga a toda persona física y jurídica a declarar los bienes y derechos que posea en el extranjero, cuyo incumplimiento conlleva la generación de una ganancia patrimonial en relación con aquellos elementos patrimoniales no declarados que se imputarán al último ejercicio no prescrito.

The present article gives a short summary of legal treatment on urbanistic contribution. The author seeks to show the existence of legal vacuums that must be solved to improve the appliance of the this matter in our country. / En el presente artículo se hace un breve recuento de la normativa en materia de aportes reglamentarios. La autora busca demostrar que existen vacíos legales que deben ser resueltos en nuestro país para mejorar la aplicación de la figura materia de estudio.

The thesis examined the current system of the taxation of wealth in South Africa with an emphasis on the taxes that apply upon the death of the taxpayer. The focus of the research was on the problems associated with estate duty, namely the issue of double taxation; the alleged cumbersome administration of the tax and the limited revenue that it brings in; it’s questionable efficacy due to extensive estate planning on the part of taxpayers while they are still alive and its lack of uniformity with other wealth taxes. An interpretative research approach was followed which involved analysing documentary data. The conclusions that were reached were that estate duty as a wealth tax in South Africa has been rendered ineffective due to the inherent problems associated with its application, namely the fact that double taxation exists, not only in the context of capital gains tax, but also in that taxpayers resent being taxed upon death after having paid income tax during their lives. The perceived unfairness that is associated with estate duty has caused the creation of a secondary industry of estate planning, with the aim of minimising estate duty, which industry has resulted in the ineffectiveness of estate duty and its limited revenue. No evidence could be found regarding the Treasury’s assertion that estate duty is a cumbersome tax to administer. The final conclusion reached was that the current estate duty regime needs to be overhauled preferably by extending the current system of capital gains tax and abolishing estate duty, with due consideration being given to the consequences associated therewith.

The paper analyses whether various aspects of a country's tax system have a positive or negative influence on individuals' attitudes towards the future. These attitudes are measured by an analysis of Google search queries derived from Google Trends which allow constructing an online futureorientation index for a sample of 58 countries. There results of this analysis indicate that capital gains taxes and value added taxes discourage future-oriented behaviour. Also, high personal income tax rates at the lowest income brackets discourage, whereas - surprisingly - the top marginal rates could positively influence an individual's future orientation. The paper contributes to existing research in three ways: First, it expands the existing tax literature by providing evidence that taxes can influence very fundamental personal values, such as individuals' general attitudes towards their future. Second, it contributes to a vast body of cross-cultural studies on future orientation by introducing tax law. Third, by using Internet search patterns the paper introduces these large, automatically gathered data sets into scientific tax research, thereby opening the possibility for further research opportunities. (author's abstract) / Series: WU International Taxation Research Paper Series

There has been a continuous increase in the popularity of interactive gambling in South Africa due to the wide range of channels in which the public can now quickly and easily access gambling opportunities. Although there is uncertainty related to whether or not interactive gambling is considered to be legal in South Africa, the total value of income earned from interactive gambling by South African residents is conservatively estimated to be between R4 billion and R10 billion per year. Unfortunately, due to the fact that interactive gambling does not have national boundaries, it is difficult to determine the true worth of the industry. There appears to be no academic research which has examined whether income received from interactive gambling qualifies to be taxed in terms of the Income Tax Act 58 of 1962. This study will contribute to an academic understanding of the interactive gambling industry in South Africa and an understanding of the South African Revenue Service’s (SARS’s) policies and practices relating to the taxation of income earned from interactive gambling by resident South African individuals. The purpose of this study was to critically analyse whether income earned from interactive gambling by resident South African individuals should be taxed by SARS. This study also investigated which laws currently regulate the interactive gambling industry within South Africa and how the regulation and taxation of interactive gambling in South Africa compares to that of other developing and developed countries. This study also investigated the legality and estimated value of interactive gambling income earned in South Africa by resident South African individuals. This study concluded that income earned from interactive gambling should be subject to either normal income tax or to capital gains tax (CGT), depending on the intention of the taxpayer. This study noted that enforcing regular reporting from local licensed interactive gambling service providers would be the best method of effectively collecting tax that is owed by interactive gamblers on income generated from this form of gambling in South Africa. This study further concluded that the most appropriate regulatory model to be applied in South Africa would be a protectionist model. This model protects the residents of a country by having a regulated interactive gambling industry that is protected from outside intruders. A regulated industry will result in economic benefits such as taxation, investment and employment within South Africa. The difficulties associated with electronic-commerce could be overcome through regulation of the industry which would be beneficial to SARS. AFRIKAANS : Inter-aktiewe dobbel onder die Suid-Afrikaanse publiek is baie populêr en het ‘n voortgesette toename vanweë die beskikbaarheid en toeganklikheid wat deur tegnologie daargestel word. Alhoewel daar onsekerheid is aangaande of inter-aktiewe dobbel wettig is al dan nie, word die inkomste wat deur Suid Afrikaanse inwoners verdien word konserwatief geraam en beloop tussen R4 en R10 biljoen per jaar. Aangesien die toeganklikheid wat deur die internet gebied word nie net tot Suid-Afrika beperk is nie, maar wêreldwyd strek, is dit feitlik onmoonlik om die waarde van die industrie te bepaal. Daar is tot op hede geen akademiese navorsing gedoen om te bepaal of inkomste verdien uit inter-aktiewe dobbel belasbaar is ingevolge die Inkomstebelastingwet 58 van 1962. Hierdie studie sal bydra tot ‘n akademiese begrip van SARS se beleid en die toepassing daarvan op inkomste verdien uit inter-aktiewe dobbel deur Suid-Afrikaanse individue. Dus was die doel van hierdie navorsingstudie om te bepaal of inkomste verdien uit interaktiewe dobbel deur ‘n Suid Afrikaanse individu deur SARS belasbaar is of nie en die aspekte krities te analiseer. Hierdie studie ondersoek ook die wette wat huidiglik die belasbaarheid van inkomste uit inter-aktiewe dobbel in Suid Afrika reguleer asook hoe die regulasies vergelyk met die van ander ontwikkelende en onwikkelde lande. Verder word ondersoek ingestel om die wettigheid van inter-aktiewe dobbel en die waarde daarvan te bepaal. Die gevolgtrekking is dat inkomste verdien uit inter-aktiewe dobbel onderhewig moet wees aan of normale belasting of kapitaalwinsbelasting. Die navorsing en studie toon ook dat daar gelisensieerde inter-aktiewe dobbel diensverskaffers moet wees wat dan die invordering van die inkomste uit hierdie tipe dobbel kan beheer en dat inter-aktiewe dobbelaars wel die nodige belasting oorbetaal uit inkomste verdien in Suid-Afrika op hierdie manier. Ter afsluiting van die navorsing word daar ‘n model voorgestel wat toegepas moet word in Suid-Afrika, eerstens om die inwoners van die land te beskerm deur ‘n goed-gereguleerde inter-aktiewe dobbel stelsel daar te stel en tweedens moet daar ook die nodige beskerming verleen word teen buitelandse indringers. ‘n Goed gereguleerde model vir die industrie sal voordelig wees vir Suid Afrika deurdat die belasbaarheid van die inter-aktiewe dobbelinkomste ‘n inspuiting vir die ekonomie kan wees, sowel as werkskeppingvoordele bied. Wetstoepassing en regulering van die industrie sal ook voordelig wees vir SARS aangesien die probleme wat nou geassosieer word met elektroniese-handel voorkom en tot die minimum beperk kan word. / Dissertation (MCom)--University of Pretoria, 2010. / Taxation / unrestricted

第一篇論述討論處置效果於選擇權市場的實證。處置效果係指投資人在處分資產時，傾向盡快賣出有未實現利得的投資部位，並且繼續持有有未實現損失的投資部位的行為偏誤現象。文獻上有關處置效果的實證多半集中在股票市場而少有於選擇權市場的實證。選擇權市場一般認為是具有私有資訊及較具備金融知識與經驗的投資人會選擇交易的市場。本文實證處置效果在指數選擇權市場上的影響。我們認為對於選擇權投資人來說，價內外程度是最重要且顯而易見的資訊，是很直觀可以衡量可能利得及損失的參考點。相較於傳統衡量根據過去交易價格所形成的未實現損益指標，價內外程度更能吸引投資人的注意力。以本文所提出的基於價內外程度衡量之賣出傾向指標(Moneyness-based Propensity to Sell, MPS)以及根據Grinblatt and Han (2005)所形成的調整後未實現資本利得指標(adjusted Capital Gains Overhang, ACGO)，每周將買權(賣權)排序成五等分後，我們發現持有最高等分的MPS或ACGO的買權(賣權)並賣出最低等分的買權(賣權)所形成的投資組合能夠產生超額報酬，顯示處置效果在指數選擇權市場亦存在。利用雙重排序(double sorting)的方法，我們發現MPS相較於ACGO，是較能夠在選擇權市場捕捉處置效果的指標。第二篇論述討論相似度衡量策略在期貨市場獲利的可能性。文獻上對於技術交易是否能產生顯著的報酬結果並不一致，然而實務上分析過去的價格走勢並使用技術指標所產生的訊號，是廣泛被接受的。現有測試技術交易指標獲利能力的文獻，通常假設投資人在實證測試的樣本期間一致性的參考某個交易指標產生的交易訊號並依此交易。然而實務上投資人可能同時參考不同的交易指標，每次交易可能根據不同交易指標所產生的訊號，且投資人會從歷史交易價格走勢中尋找類似於現有走勢的狀況，以這些歷史走勢接續的報酬率做為現有走勢未來報酬率的預期值。本文中我們提出一個較符合實際狀況的決策過程來描述技術交易投資人的行為，並重新檢視技術交易的獲利能力。我們提出的決策過程包含三個步驟。首先投資人建立一個特徵向量，包含投資人所認為足以預測未來報酬率並足以描述現況的指標。第二個步驟，投資人從過去某段期間中尋找相似於現有特徵向量的歷史狀況，並以這些歷史狀況接續的報酬率來作為預測的根據。最後，投資人依照過去的歷史狀況與現在有多相似，作為接續報酬率的加權權重，並以相似度權重加權平均報酬來做為未來報酬率的預測值，我們將依照相似度加權報酬所產生交易訊號所形成的策略稱為相似度衡量交易策略(Similarity-based trading rules)。我們檢視相似度衡量交易策略在九個不同的期貨市場中的獲利能力，在考量data-snooping及交易成本後，每日相似度衡量交易策略仍在其中六個市場中獲得顯著的報酬率。 / The disposition effect, which refers to the tendency of investors to selling their winning investments too soon and to hold losing investments too long, has been well-documented in the extant literature. However, while empirical researches focus on examining the behavioral bias in the stock market, little attention is paid to the option market, where most informed investors and sophisticated traders gather. This essay tests for the disposition effect on the index options market. We argue that moneyness, the most salient and readily available information for option investors, is a natural reference point for potential gains and losses, which likely attracts market participants’ attention more than traditional measures that are based on past trading prices. Based on the Moneyness-based Propensity to Sell (MPS) measure that we introduce and an adjusted capital gains overhang (ACGO) measure of Grinblatt and Han (2005), we find that a strategy formed by buying calls/puts in the highest MPS or ACGO quintile and selling those in the lowest quintile would generate significant abnormal returns, suggesting the presence of the disposition effect. Using double sorting method, we find that the MPS is better as a measure in capturing the disposition effect on the options market than the ACGO. While the literature documents mixed results for the profitability of technical trading rules, the use of technical buy/sell signals based on analyzing past prices is widely accepted by practitioners. The existing literature on testing the predictive ability of technical trading mostly assumes that a technical investor consistently makes investment decisions based on the buy/sell signals according to one particular trading rule during the entire sample period. However this may be far from reality. Technical investors may simultaneously make predictions based on different technical indicators and follow different technical signals. Furthermore, they analyze historical price patterns that are similar to the current market condition and make assessment of future returns based on the subsequent returns of these similar patterns. The process is known as charting. We attempt to propose a more realistic decision-making process that incorporates the similarity-based predictors to account for technical investors’ decisions in the real world and reexamine the profitability of technical trading rules. The proposed process includes three steps. First, the investor attempts to predict future returns based on a vector of current characteristics that is sufficient for his assessment of the future returns and to depict the present scenario of the stock market. Second, the investor searches for the similar patterns in a specific time window prior to the current date and make an assessment of the future returns based on how similar these past patterns and the current pattern are and how rewarding the subsequent returns of the similar patterns are. Third, the investor is assumed to form a similarity-based indicator which is an assessment of the future returns depended on the similarity-weighted average of all previously observed values of the subsequent returns. The technical investor is then assumed to buy/sell according to the signals generated by the similarity-based trading rules (SBTR). We examine the profitability of the SBTR in nine futures markets and find significantly positive and robust returns after considering the data-snooping adjustments and transaction costs in six of the nine markets.

Les enjeux présentés par la puissance financière des fonds souverains et les réactions politiques des pays d’accueil appellent naturellement à s’interroger sur la façon dont la fiscalité appréhende ces questions. La réponse nécessite de se placer tant sur le plan du droit interne français que sur celui de la fiscalité internationale. La présente étude procède à une analyse comparée de la fiscalité directe applicable aux fonds souverains en France et aux Etats-Unis. Cette analyse se poursuit à travers l’examen de conventions fiscales conclues par la France mais aussi par des Etats étrangers détenteurs de fonds souverains. La question de l’application des conventions fiscales aux fonds souverains est évoquée à travers l’exposé des modèles de conventions fiscales de l’OCDE et des Etats-Unis. Le statut fiscal des fonds souverains est confronté à celui des apporteurs de capitaux privés au regard de la distorsion de concurrence fiscale entre investisseurs. En l’absence de dispositions législatives précises, de doctrine administrative et de jurisprudence, ces travaux sont principalement fondés sur une interprétation des faits et du droit positif. Les solutions proposées tentent de remédier aux problématiques ainsi dégagées. / The growing number of investments made by sovereign wealth funds and the reactions of host countries has raised questions regarding the tax treatment of those public financial entities. Answering these questions implies to analyze the tax legislation on both a national and international level. In this respect this paper compares the direct taxation of sovereign wealth funds investments in France and in the United States. It is then followed by an analysis of some tax treaties signed by France as well as tax treaties signed by countries owning sovereign wealth funds. Questions related to the application of tax treaties to sovereign wealth funds are examined through the presentation of the OECD model tax convention and the United States income model tax convention. We then compare the tax status of sovereign wealth funds and private investors regarding tax competition and portfolio choices. We will see through the lack of tax regulations, guidance and the absence of court decision that this study is mainly based on an interpretation of the facts and the law as a consequence. The solutions provided in this paper aim at clarifying the issues we have identified. Hopefully this will raise further interrogations and will be followed by other studies.