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1	The en commandite partnership as a tax structuring tool. Brown, Daryn. January 1999 (has links) The aim of this technical report is to provide a detailed and critical review of the suitability of the en commandite partnership for tax structuring both generally and specifically. The report takes cognisance of the requirements that a financial institution might consider in its determination of the utility of the en commandite partnership as a tax structuring tool in a structured or corporate finance environment. The report begins with an overview of the primarily legal requirements for the creation of a valid partnership. It then considers specifically whether the en commandite partnership is able to take the place of the 'Lessor Trust Arrangement' and researches specific issues germane to the enquiry. Specific legislation dealing with en commandite partnerships is then researched and includes a commentary on the provisions of s 24H and s 8(5)(a) of the Income Tax Act. Practical examples of the use of the en commandite partnership are then considered which challenges the concept of traditional loan finance and suggests the capital contribution as a tax efficient alternative. A consideration of the possibility of a challenge under the anti-avoidance provisions of the Income Tax Act concludes the report. / Thesis (LL.M.)-University of Natal, 1999. Theses--Law. Partnership--Taxation--South Africa.
2	A critical evaluation of the VAT treatment of transactions commonly undertaken by a partnership Scholtz, Ricardo Christian 18 November 2019 (has links) In this dissertation, I critically evaluate the VAT treatment of common partnership transactions that are encountered during the life of a partnership. Of great significance, is that at common law a partnership is not regarded as a person, but for VAT purposes it is treated as a separate person. This creates a strong dichotomy between the general legal nature, and the VAT character of a partnership transaction. The partnership and the VAT law dichotomy, is an important theme that runs through most of the thesis. Only once I have established the nature of the transaction for VAT purposes – whether in keeping with or differing from the common law – do I apply the relevant provisions of the VAT Act to determine the VAT implications of the transaction. An important general principle is that what is supplied or acquired by the body of persons who make up the partnership, within the course and scope of its common purpose, is for VAT purposes, supplied or acquired by the partnership as a separate person. I conclude that there are difficulties and uncertainties regarding the application of the provisions of the VAT Act to various partnership transactions. For the sake of certainty and simplicity, I propose amendments to the current provisions that are relevant to partnership transactions, and also propose additional provisions. The proposed amendments seek to align with the purpose of the VAT Act and the principles upon which it is based, and also to adhere to internationally accepted principles for a sound VAT system. I also pinpoint those aspects of the VAT Act that can be clarified by the SARS in an interpretation statement. I further identify issues that require more research, eg issues arising from a partnership’s participation in cross-border trade. / Mercantile Law / LL. D. Acquisition Agent Barter Capital contribution Consideration Contract Dissolution of a partnership Distribution Enterprise Expense Formation of a partnership Going concern Input tax Joint ownership Liquidation Tax neutrality Obligation Output tax Ownership Partner Partner’s share Partnership Partnership law Partnership profits Partnership property Payment, person Principal Reciprocal connection Reorganisation relief Transaction Set off Tax simplicity Supply Taxable activity Unincorporated body of persons VAT Vendor 343.52662068 Partnership -- Taxation -- South Africa

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The en commandite partnership as a tax structuring tool.

A critical evaluation of the VAT treatment of transactions commonly undertaken by a partnership