M.Com. (Taxation) / Please refer to full text to view abstract

This study had as its purpose an attempt to establish on empirical grounds the role firearms control laws play in South African society. A holist methodological position was adopted from among the alternatives available for scientific social research, and the structural-functional theoretical framework of the main line tradition was employed for the purposes of the analysis. Accordingly, legislation was defined as serving a primarily integrative function in society, (integration being functionally one of four system imperatives), by translating prevailing values and norms into a stable, attributive code. A discussion of general historical and contemporary perspectives related to purpose(s), role, and efficacy of restrictive firearms legislation preceded a survey of the development of gun controls in the Republic of South Africa. Current legislative provisions in this context were then dealt with in some detail. Research into the official documentary reports of the S.A. Department of Statistics (i.e., the Report on Deaths, and Statistics of Offences), and the Annual Report of the Commissioner of the South African Pol ice, covering a period of years, was carried out and although some of the required statistical information was inadequate, or entirely non-existent, it was finally concluded on the basis of available evidence that such legislation is enacted in this society on the assumption that it serves the purposes of crime reduction and civil peace. This assumption was shown to be empirically unsupported, and an alternative approach was called for in terms of which legislators should place greater positive emphasis on the individual right to keep and bear arms. It was concluded that such a shift of emphasis would more effectively promote the defined role of legislation in South African society.

Includes bibliographical references (leaves 138-139). / By comparing the income tax allowances and deductions for private investors in film production funds in Germany and in South Africa, the author aims to show how the governments of these two countries are taxing private individuals who invest in film funds, i.e. what incentives are offered to such venturesome investors. The tax incentives examined here provide the taxpayer with a deferment of his tax payments. By making the comparison the author intends examine what role a domestic film fund can play as an instrument for financing domestic and export films and how the government can promote film production in this way.

Submitted in fulfilment of the requirements of the Masters of Technology degree in Cost and Management Accounting, Durban University of Technology, Durban, South Africa, 2015. / The National Credit Act No. 34 of 2005 (NCA) was introduced by the South African government mainly to bring about accessibility to credit markets, protect consumers from malpractices and market abuses by credit providers and reduce consumer over indebtedness. As a result, credit providers are compelled to apply stringent rules and regulations when assessing a credit consumer’s affordability prior to granting home loans. This study aims at investigating the impact of the NCA on the affordability of home loans within the Pinetown metropolitan area. The literature review presents an overall view of affordability of home loans in developed and emerging countries and also provides an in-depth explanation of factors that affect affordability of home loans in South Africa. The predominant factors, amongst others that hinder the housing market, are: an increase in house prices; elevated interest rates and household debt which include inflation, transportation cost and low wage increase. A mixed methods approach was utilized for the research, analyzing both quantitative and qualitative data. Respondents (home loan borrowers) completed a questionnaire by indicating if assessments were conducted in terms of their affordability prior to the approval of their home loan and their view on the impact that the NCA had on their home loan. The data suggested strongly that credit providers had conducted proper credit and affordability assessments prior to granting home loans and that most home loan borrowers’ level of debt had remained stable since acquiring their home loans as they continue to meet their debts. An overall analysis revealed that the application of the NCA had a positive impact on the affordability of home loans in the research area and that compliance with NCA, when granting credit, resulted in the reduction of reckless lending, a decline in the level of consumer indebtedness and a reduction in payment default.

A research report to be submitted to the Faculty of Commerce, Law and Management in partial fulfilment of the requirements for the degree of Master of Commerce (Taxation) 31 March 2016 / The aim of the report is to determine whether the current Value-Added Tax (‘VAT’) treatment relating to the exemption applied on educational services should be retained and to ascertain whether the policy considerations which applied when VAT was introduced are still relevant, or whether changed circumstances would justify the introduction of a different treatment or concessions in relation to these services. The most critical and significant challenge being faced by VAT vendors and universities in particular is compliance with a vast array of amendments to the VAT Legislation, Binding Rulings, Guides and Interpretation Notes issued by the South African Revenue Service (‘SARS’). Noncompliance for whatever reason may result in irregular expenditure and significant penalties and interest imposed for non-compliance, especially in light of the additional penalties being imposed in terms of the Tax Administration Act which was promulgated in October 2012. VAT therefore has a direct impact on the financial affairs and cash flow of VAT registered entities. Furthermore, government funding in respect of tertiary institutions has been on the decline in recent years while the costs of running a tertiary institution have continued to be on the rise. This development has necessitated a change of approach in how tertiary institutions manage their operations. Consequently, there developed a strong need for tertiary institutions to find alternative ways of raising extra funds to make up for the shortfall caused by the decline in funding from government. The provision of short courses, in addition to the traditional full semester diploma and degree courses provided by the institutions, was identified as an opportunity to deliver a certain varied level of educational services to an existing suitable market. This opportunity presented attractive prospects as an alternative source of funding for the institutions in the wake of depleting government funding. In this regard, many of the institutions formed a number of vehicles in order to offer the short courses to the market. The rationale behind such approaches is in order to distinguish the traditional education services (diploma and degree courses) from the non-traditional educational services (short courses). / MT2017

A research report submitted to the Faculty of Commerce, Law and Management in partial fulfilment of the requirements for the degree of Master of Commerce (specialising in Taxation). Johannesburg, 25 March 2015 / The research reviews the legislation pertaining to the understatement penalty provisions of the Tax Administration Act 28 of 2011. The problems associated with the levying of understatement penalties in the previous legislation are determined. A detailed evaluation is made of the understatement penalty provisions, with an emphasis on the determinants for the ‘behaviour’ and ‘case’ types, and the penalty percentages derived therefrom. The fiscus’s stated goals and intentions in respect of the understatement penalties are identified and reviewed to determine if they are aligned with those considered to be international best practice. The requirements of the Constitution of the Republic of South Africa of 1996 are reviewed with respect to the understatement penalties. A comparative analysis of South Africa’s understatement penalties and those of tax authorities identified as having similar tax administration regimes is presented. The research suggests that while a more systematic and uniform approach, to understatement penalties, has been established under the new legislation, the subjective nature of the ‘behaviour’ and ‘case’ determinants applied is likely to result in disputes between the South African Revenue Service (SARS) and the taxpayer. The research indicates that while the categories and nature of understatement penalties levied are broadly aligned with those of comparable countries’ regimes, the penalty percentages applied in South Africa, are relatively high. Key words and terms: understatement penalties, international best practice, goals, uniform, systematic, ‘behaviour’, ‘case’, subjective, similar tax administration regimes, penalty percentages. / MT2016

A research report submitted by In partial fulfilment of the Degree: Master of Commerce School of Accountancy 2016 / Given the seemingly low rate of success of the current business rescue regime (at just 13.6% as at June 2015), this study sought to identify whether the current business rescue regime in South Africa realises its intended objectives and why this meeting of objectives or failure to do so may be the case. It focuses on practical issues and the investigation is undertaken through interviews with business rescue practitioners who are the facilitators of business rescue. The findings show that there is a lack of clarity in the definition of success which may be cause for concern and that, despite its consistency with other jurisdictions, in the views of practitioners, the success rate is expected to improve. The study finds that there is a lack of prompt action when signs of financial distress are noted and a lack of funding for companies in business rescue. The experience of the practitioner has a significant impact on the success or failure of the rescue and may be one of the reasons for the current low rate of success of the regime, while the specific qualifications of the practitioner play a smaller role. The plan is imperative but there is often a lack of information and insufficient time allocated to its preparation. Consistency of Court judgements also has a bearing on success of business rescue, while consistency with provisions of other jurisdictions is not considered to be important. / MT2017

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Thesis (LLM (Labour law))-- University of Limpopo, 2010.

Thesis (LLM) --University of Limpopo, 2010.