The aim of this treatise is to provide an analysis of the tax implications of making use of limited real rights in tax planning. In order to understand the tax implications of making use of limited real rights it is necessary to understand the nature and legal form of these rights. The importance of this understanding lies in the determination of the tax legislation applicable to the right in question, and the subsequent tax implications. The next step in working through an analysis of the tax implications of making use of limited real rights is therefore to define the scope of applicable legislation. This required an analysis of the scoping provisions of our tax legislation. Once the scope of applicable legislation had been defined, it was then possible to move onto an analysis of the application of the legislation identified to the various “stages” of limited real rights. The conclusion from this analysis is that the tax implications of making use of limited real rights are spread fairly broadly across several different pieces of legislation, and need to be carefully and fully considered when making a decision to make use of limited real rights in a tax planning strategy. The conclusion on the analysis of certain selected tax planning strategies that make use of limited real rights is that it is possible to make fairly substantial cash flow savings when deciding to implement a particular strategy which makes use of limited real rights. But, that use of these strategies is not without risk. For example, SARS may examine a particular strategy in terms of the “new” GAAR. The financial implications of the successful application of the GAAR may be disastrous to the taxpayer, and the tax planner will need to have considered and advised on the possibility of such a challenge from SARS. In addition, in some of the strategies, there are risks associated with the anticipated life expectancy of parties to the tax plan being shorter than anticipated. The conclusion is that the use of limited real rights in tax planning can be effective and provide savings, but that the use of such a strategy requires, inter alia, a very careful consideration of the interaction and application of our tax legislation to the strategy.

Tax evasion and avoidance costs South Africa billions of rand each year. This treatise examines the judiciary’s view and/or attitude to the dividing line between legitimate and illegitimate tax avoidance. It seeks to find out how South African courts have ultimately dealt with the old GAAR section 103(1). The treatise seeks to establish the role that the judiciary plays in tax avoidance and whether it has been pro-fiscus or pro-taxpayer in its deliberations of tax avoidance cases. The treatise focuses specifically on the judicial responses to the General Anti-avoidance Rule Section 103 of the Income Tax Act No. 58 of 1962. In order to show the judicial approaches and/or responses to tax avoidance in South Africa, a selection of income tax cases have been used to illustrate how the judges have interpreted the GAAR and whether they have been sympathetic to the tax payer or to the fiscus. The cases used in this study stem from the old GAAR section 103. There have not been important cases dealing with the new GAAR section 80A to 80L of the Income Tax Act. In the final analysis of this research it would seem that the effectiveness and scope of the GAAR depends ultimately on its interpretation by the courts. Many of the cases that have been decided under section 103 (1) have provided disappointing outcomes for SARS. However it is noteworthy that the courts which were previously taking a restrictive approach and were pro-taxpayer in their deliberations are beginning to take a different approach and are gallant in their interpretation of the GAAR. Judges are slowly abandoning the long standing judicial approach which was that taxpayers are entitled to arrange their affairs in any legal way in order to minimize their tax and are going further and examining the real substance and purpose of the transactions entered into by taxpayers as opposed to the form of the transactions. The Supreme Court of Appeal has now set a precedent which goes deeper and examines the true intention of parties in entering into transactions and does not tie itself to labels that parties have attached to their transactions. This recent judicial attitude and zeal exhibited by the courts will without a doubt hinder tax avoidance activity and strengthen the effectiveness and scope of the new GAAR sections 80A to 80L.

This work deal with construction of personal and corporate income tax. It characterizes the tax burden and its measuring methods.

The aim of the thesis is to describe the problems of accounting valuation and issues, connected with prices, which are used for income tax purposes. First there is the issue of accounting valuation with giving emphasis on valuation which is governed by Czech law, because the tax base from income for certain taxpayers is based on the profit or loss in accordance with Czech law. Because of the fact that the Czech methodology is progressively closer to International Financial Reporting Standards some differences will be mentioned between the Czech methodologies and IFRS. The next section explains in detail the prices which are used in accordance with the law on income taxes. In the practical section, some examples will be given to show the difference between the valuation for accounting purposes and income taxes. In conclusion, the analysis of financial statements of corporations reporting according to IFRS there is performed. The aim of this analysis is to find out which valuation method entities prefer, if International Financial Reporting Standards allow a choice between more types of methods.

This thesis considers the impact of taxation on two problems in the theory of financial markets. The first paper deals with the optimal choice of debt made by value-maximising firms. We consider a one-period world with personal and corporate taxation and distinguish between the repayment of principal and the payment of interest on corporate debt. It is shown that at optimum, a value-maximising firm may choose to issue multiple debt contracts with differing seniorities. In addition, the impact of a change in the tax rates (corporate or personal) on the optimum level of debt is seen to be ambiguous. Unambiguous statements can, however, be made about the impact of a change in the corporate tax rate on firm value, the value of the equity and on the required rate of return on risky corporate debt. The analysis borrows heavily on a framework that we develop early in the paper which permits us to visualise the value-maximising firm's choice of an optimal capital structure, graphically. The second essay examines the impact that taxes have on the pricing of call options on corporate stock. It is demonstrated that the process of replication can be influenced by the basis of the stocks used for the replication process as a result of the capital gains taxes involved. Consequently, the equilibrium price for an option is some average of the various costs of replication that different investors face. We find that the equilibrium price for the option can be influenced by investor preferences and by the history of the stock price. The empirical findings of an apparently unpredictable strike-price bias that have been observed in the past literature is examined and duplicated numerically. In addition, one explanation is given for the rationale behind covered option positions that consist of an option position and the corresponding hedge. / Business, Sauder School of / Graduate

Canada and Taiwan have not entered into a tax treaty. Consequently, because each jurisdiction uses different connecting factors, that is 'residence' in Canada and 'income source' in Taiwan, double taxation may occur for individuals subject to tax in both jurisdictions. With the increasing number of Taiwanese immigrants to and investors in Canada, double taxation is becoming a significant problem. A treaty is probably the most efficient mechanism to resolve the double taxation problem. However, the political issue is how can a nation (Canada) enter into a treaty with a jurisdiction (Taiwan) that it does not recognize as a nation state? Despite facing the same problem, on May 29, 1996 Australia signed a tax agreement with Taiwan concerning the avoidance of double taxation and the prevention of tax evasion. The Australia-Taiwan Tax Agreement is unique because it was signed by two private sector organizations rather than by the respective governments. Using the same mechanism, New Zealand and Vietnam have signed tax agreements with Taiwan as well. This thesis analyses the likelihood of Canada entering into a tax treaty with Taiwan. In so doing, it considers how double taxation arises, reviews the foreign reporting rules and argues that a tax treaty between Canada and Taiwan is desirable. The conclusion is that, theoretically and pragmatically, a tax treaty (or agreement) between Canada and Taiwan is possible and needed in order to relieve punitive double taxation and to facilitate bilateral economic and trading relations between the two jurisdictions. / Law, Peter A. Allard School of / Graduate

Please read the abstract in the dissertation. Copyright / Dissertation (MCom)--University of Pretoria, 2008. / Economics / unrestricted

El presente trabajo titulado “Tratamiento tributario del exceso de las remuneraciones de accionistas y familiares, y su impacto en la determinación del Impuesto a la Renta en las medianas y pequeñas empresas del sector comercial durante el periodo 2017-2018”, tiene como objetivo analizar y medir el efecto que genera dicho tratamiento y definir la importancia del mismo. Nuestra investigación es de carácter descriptivo tomando como datos, empresas del sector comercial en las cuales estamos y hemos laborado. Para ello, contamos con un enfoque mixto de la investigación en donde utilizamos 4 entrevistas especializadas y 15 encuestas a profesionales en la materia; así como la aplicación de 3 casos prácticos que ayuden a analizar y comprender la presente investigación. La prueba de nuestras hipótesis nos dio como resultado aspectos relevantes respecto a las reglas de del exceso de valor de mercado de las remuneraciones; la principal de ellas, la general, nos determinó el impacto de la misma reflejada en los resultados de la compañía. Por otro lado, las dos primeras hipótesis específicas, validar que efectivamente existe una ausencia de precisión de los niveles jerárquicos y que la aplicación de los referentes de comparación influye negativamente en la determinación del Impuesto a la Renta; por lo que proponemos ajustes a la norma. Finalmente, la última hipótesis específica en donde se señaló en un inicio que la consolidación de sueldos en grupos empresariales (partes vinculadas) generaría un impacto positivo fue probada y demostrada que no es válida, debido a que los resultados fueron adversos. / The present investigation “Tax treatment of excess remuneration of shareholders and family members, and its impact on the determination of Income Tax in medium and small businesses in the commercial sector during the 2017-2018 period”, aims to analyze and measure the effect generated by this treatment and define its importance. Our research comes from a descriptive character based on data from companies in the commercial sector in which we are and we have worked. Therefore, we have a mixed approach to research where we use 4 specialized interviews and 15 surveys to professionals in the field, and the application of 2 practical cases to help analyze and understand this research. The test of our hypothesis resulted in relevant aspects regarding to the rules of excess market value of remuneration; the main one, the general one, determined the impact of the same reflected in the results of the company. By the other hand, the specific ones, validated that there is indeed a lack of precision of the hierarchical levels and that the application of the reference worker makes a negative influence on the determination of the Income Tax, that is why we propose adjustments to the norm. Finally, the last specific hypothesis where it was initially indicated that the consolidation of salaries in business groups (related party) would generate a positive impact, and it was proved that it is not valid because the results were adverse. / Tesis

This diploma thesis deals with the legal aspects of income tax for natural and legal persons in contexts which may arise when dealing with cryptoassets of all kinds. The modern phenomenon of cryptoassets has been the subject of much discussion, especially in recent times, but legislation and comprehensive methodologies governing procedure for taxation of income are lacking. Therefore, the main objective of this thesis is to analyse income tax on cryptoassets for natural and legal persons. If we reformulate this objective into a question, it would be: How do we correctly tax income from cryptoassets for natural and legal persons? Within the framework of my thesis, I also had to deal with the technological and legal aspects of cryptoassets and taxes. The concept of a cryptoasset, including its definition and content, is still a matter of debate even now, more than 10 years after its creation. Similarly, it was necessary to analyse the Czech legislation and determine what a cryptoasset is from the point of view of Czech law within the framework of the thesis. By analysing the legislation and professional publications and using the deductive method, I came to the conclusion that the current legal framework in the Czech Republic is sufficient to answer the main question. The most frequent operations with...

A research report submitted to the Faculty of Commerce, Law and Management at the University of Witwatersrand in partial fulfilment of the requirements for the degree of Master of Commerce / E-commerce has become a significant part of the global economy and will continue to grow. However, e-commerce doesn’t only provide exceptional growth opportunities, but also creates considerable challenges in terms of taxation. Due to the nature of e-commerce, various commercial activities are carried out in cyberspace where trade is not confined by geographical boundaries. This study is motivated by the key importance of understanding the taxation landscape in a rapidly growing digital economy. In this study the impact of e-commerce on taxation is explored by means of a systematic literature review. The primary research question was: what is the impact of e-commerce on taxation? In order to address the research question, secondary questions were formulated to firstly attend to the broader tax challenges in a digital economy and to determine how these challenges lead to tax avoidance practices. Secondly, the impact of e-commerce on taxation was explored specifically in terms of the artificial avoidance of the permanent residence status. Thirdly, the prevention of artificial avoidance of the permanent residence status was reviewed as well as investigating what practices have been put in place by some countries to protect their tax bases. Based on the research question, the objective of this study was to explore and provide an overview of the existing literature to determine what the impact of ecommerce has been in terms of the challenges it poses to taxation. Due to the exploratory nature of the research, it was a qualitative study within the interpretivist paradigm. In this study, the aim was not to identify a specific theory, but rather to explore the existing literature and provide an overview of how e-commerce affects taxation within the framework of the primary and secondary research questions by means of systematic literature review. In terms of the findings, the broader tax challenges were identified as: nexus, data and value-creation, the characterisation of payments and the impact of highly digitised business models. It was further established that these challenges created an environment where significant tax avoidance practices are employed by highly digitised organisations. The key tax avoidance practices were identified as: avoiding withholding tax, the use of preferential tax regimes, artificial internal trading of intangibles, internal debt shifting, transfer pricing and avoiding taxable presence. This study has certain limitations, since the full domain of e-commerce and taxation is vast and complex and beyond the scope of a research report. Therefore, the key challenge that was explored is the artificial avoidance of the permanent residence status which is an issue that lies at the heart of the nexus issue since a PE normally requires some sort of physical presence which is not necessarily the case in the digital economy. This study contributes to the existing body of knowledge as a useful assessment of the impact of e-commerce on the digital economy as well as the associated tax avoidance practices. Furthermore, in conducting the research, it became apparent to the researcher that South Africa has very limited exposure in the field of the tax challenges relating to e-commerce. This research could therefore provide some insight into some of the key tax challenges identified in the international arena and this study could provide a starting point from a South African perspective. / PH2020