In 2018, the South African Revenue Service (SARS) issued a media statement providing guidance for the first time to South African citizens on the taxation of cryptocurrency transactions. The SARS media guidelines indicate that the normal income tax rules of the South African Income Tax Act will apply to cryptocurrency transactions and that cryptocurrency gains or losses must be declared as part of taxable income. The purpose of this research study was to investigate the ability of South African taxpayers to determine the income tax consequences of cryptocurrency transactions using the SARS media guidelines. Previous research has focused on establishing the theoretical income tax consequences of cryptocurrency transactions, rather than on the ability of taxpayers to determine those consequences. The study made use of both doctrinal and quantitative research methods to address the research questions. Using doctrinal research, in-depth document analysis was performed to benchmark the SARS media guidelines to that of selected tax authorities, to ascertain the completeness of this guidance. Quantitative data was collected through a cross-sectional survey questionnaire, to test the ability of participants to determine the income tax consequences of cryptocurrency transactions. This study found that the SARS media guidelines did not comprehensively address all the cryptocurrency transactions considered by the guidelines of the other selected tax authorities examined. The SARS media guidelines did not have a statistically significant effect on the participants' ability to determine the income tax consequences of the cryptocurrency transactions presented to them. However, the tax literacy level of participants was found to influence their understanding of the income tax consequences of cryptocurrency transactions, particularly in respect of those transactions not addressed by the SARS media guidelines. These findings support the recommendation that SARS provide more comprehensive guidance to taxpayers, and should focus on improving the tax literacy of taxpayers in general and, with respect to cryptocurrency transactions.

Thesis (MComm) -- Stellenbosch University, 2008. / ENGLISH ABSTRACT: The September 2007 decision of the SCA in C: SARS v Brummeria Renaissance (Pty) Ltd and Others has proven to be one of the most contentious tax cases ever decided by a court in our jurisdiction. Questions surrounding the interpretation of the judgment and the likely scope of its application are some of the most widely debated matters in South African tax circles ever since the judgment was delivered. In this research paper a study is undertaken into the income tax treatment of an interest-free loan receipt. The position as it stood prior to the SCA decision is first analysed with particular reference to the legal nature of a contract for the loan of money and the tax court decision in ITC 1791. The discourse continues with a critical discussion of the Brummeria judgment in order to extract the ratio decidendi thereof. The ambit of application of the extracted binding principles to selected interest-free loans (encountered most often in practice) is considered, drawing on views expressed by numerous South African tax experts as well as the Revenue Authority’s own stance in this regard, as enunciated in their Draft Interpretation Note dealing with the right to use loan capital interest-free. As a final application a study is undertaken into the possible arguments available to tax subjects to refute an assessment for income tax raised on them by SARS on the basis of the binding principles enunciated by the SCA in Brummeria. It is concluded that initial fears regarding the potential wide-ranging impact of the decision, though justified, may have been over-anticipated as strong grounds exist to argue that the scope of the judgment’s application is not likely to extend wider than the type of legal construction found in the case itself, namely where an interest-free loan is received in consideration or as a quid pro quo for some or other revenue supply. / AFRIKAANSE OPSOMMING: Die beslissing van die Hoogste Hof van Appèl (“HHA”) in C: SARS v Brummeria Renaissance (Pty) Ltd and Others gedurende September 2007 blyk een van die mees omstrede belastingsake te wees wat tot nog toe in ons jurisdiksie beslis is. Kwelvrae rondom die interpretasie van die uitspraak sowel as die waarskynlike omvang van die toepassing daarvan is van die aangeleenthede wat die wydste gedebateer is in Suid-Afrikaanse belastingkringe in die onlangse verlede. In die studie word die inkomstebelasting hantering van die ontvangs van 'n rentevrye lening ondersoek. Die regsposisie voor die beslissing van die HHA word eers ontleed met spesifieke verwysing na die regsaard van 'n kontrak vir die leen van geld en die beslissing van die spesiale inkomstebelasting hof in ITC 1791. Die verhandeling gaan voort met 'n kritiese bespreking van die Brummeria uitspraak ten einde die ratio decidendi daarvan te ekstraheer. Die bestek van die toepassing van die saak se bindende beginsels op uitgesoekte rentevrye lenings (wat die meeste in die praktyk teёgekom word) word oorweeg. In dié verband word verwys na die menings van verskeie Suid-Afrikaanse belasting-deskundiges, sowel as die Ontvanger van Inkomste se eie seining in hierdie verband, soos uiteengesit in hul Konsep Interpretasienota met betrekking tot die reg om leningskapitaal rentevry te gebruik. In die laaste instansie word „n ondersoek geloods na die moontlike argumente wat belastingpligtiges sou kon aanvoer om 'n inkomstebelasting-aanslag gegrond op die bindende beginsels neergelê deur die HHA in Brummeria, te weerlê. Dit word bevind dat aanvanklike vrese aangaande die trefwydte van die beslissing, alhoewel geregverdig, moontlik oorversigtig was, aangesien daar sterk gronde is om te argumenteer dat die omvang van die uitspraak se toepassing waarskynlik beperk is tot die soort regskontruksie wat in die saak self aangetref word, naamlik waar 'n rentevrye lening ontvang word in ruil vir of as quid pro quo (teenprestasie) vir een of ander lewering van 'n inkomste aard.

Tax avoidance is a key international tax issue. Combating tax avoidance has been placed high on the agenda by the South African Revenue Service (SARS) and other tax authorities in the world. This research report will examine how the judgments of certain South African cases would have been different if the anti-avoidance provisions in sections 80A to 80L were applied instead of those in section 103(1).

No abstract available / Mini-Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law

Thesis (MPhil (Information Science))--University of Stellenbosch, 2006. / South Africa held its first democratic election in 1994. At the moment, government has to address many injustices of the past. For this they need funds. The years before 1994 saw South Africa isolated from the rest of the world as a result of its human rights track record. As a result of this isolation, the government has not only inherited injustices that need to be addressed, but it also inherited debt, which needs to be repaid with interest. Therefore, the South African Revenue Service is tasked with the responsibility to ensure an inflow into government coffers. The South African Revenue Service has been constituted as an autonomous body in 1997. Although the task of revenue collection seems mundane, its enormity cannot be over-emphasised. The revenue it collects is needed to address issues of inequality such as: • equality of education; • restoration of basic living conditions, such as shelter and health care; and • upgrading and retaining skills in order to compete globally. The general perception is that the South African Revenue Service has achieved much through transformation projects in a very short period. Furthermore, the President is embarking on a mission to unite the African continent through various initiatives. Currently, perception gained from the media is that Africa is corrupt and lacks the economic will to change. The current study was undertaken to establish whether the model used by the South African Revenue Service, as perceived by the media, is well received. A positive media perception could pave the way for other government organisations as well as South Africa’s neighbours to enter into an information and knowledge sharing partnership with the South African Revenue Service to the benefit, not only of the country, but also of the continent as a whole. The conclusion drawn is that the South African Revenue Service is indeed an example to be proud of. They seem to have formed partnerships with business, professional bodies and foreign agents as well as with the ordinary man in the street to engage successfully in discussions, which will ultimately lead to the mutual benefit of all its stakeholders, internal and external. Finally, from a media perspective, the organisation is perceived to have done South Africans proud; however, it is also clear from media reports that room for improvement exists.

Section 11(a) of the Income Tax Act 58 of 1962 entitles taxpayers to a deduction in respect of expenditure actually incurred, provided that all the other requirements of section 11 and section 23 of the Act have been met. A company may issue its own shares, credited as fully paid up, as a payment for trading stock or services rendered, as was the case in C:SARS v Labat Africa (2011) 74 SATC 1. The question that was raised by this decision is whether the issue of shares constitutes “expenditure” as contemplated in section 11(a) of the Act. It is trite that a share in a company is a bundle of rights which entitle the holder to dividends when declared and to a vote in shareholders’ meetings and that a share does not come into the hands of a shareholder by way of transfer from the company, but is rather created as a bundle of rights for him in the company. In C: SARS v Labat Africa, the Supreme Court of Appeal decided that to issue shares as a payment for goods is not expenditure as contemplated in section 11(a) of the Act. The Act does not define “expenditure”. It has been interpreted in certain cases as a payment of money or disbursement, while it has been interpreted as the undertaking of a legal obligation in other cases. The Labat Africa case has been criticised for its interpretation of expenditure on the grounds that it is contrary to the principle that “actually incurred” does not mean “actually paid”. This research has argued that, in the context of the Labat Africa case, which related to an issue of shares in payment for goods, Harms AP’s judgment was concerned with showing why a share issue is not expenditure. He could not have intended to deny a deduction to transactions such as credit purchases.

Tax avoidance has been the subject of intense scrutiny lately by both the South African Revenue Service ("the SARS") and the media. This attention stems largely from the recent withdrawal of section 103(1) together with the introduction of section 80A to 80L of the South African Income Tax Act. However, this attention is not limited to South Africa. Revenue authorities worldwide have focused on the task of challenging tax avoidance. The approach of the SARS to tackling tax avoidance has been multi-faceted. In the Discussion Paper on Tax Avoidance and Section 103 (1) of the South African Income Tax Act they begin with a review of the distinction between tax evasion, tax avoidance and tax planning. Following a call for comment the SARS issued an Interim Response followed by the Revised Proposals which culminated in the withdrawal of the longstanding general anti-avoidance rules housed in section 103(1) and the introduction of new and more comprehensive anti-avoidance rules. In addition, the SARS has adopted an ongoing media campaign stressing the importance of paying tax in a country with a large development agenda like that of South Africa, the need for taxpayers to adopt a responsible attitude to the management of tax and the inclusion of responsible tax management as the greatest measure of a taxpayer's corporate and social investment. In tandem with this message the SARS have sought to vilify those taxpayers who engage in tax avoidance. The message is clear: tax avoidance carries reputational risks; those who engage in tax avoidance are unpatriotic or immoral and their actions simply result in an unfair shifting of the tax burden. The SARS is not alone in the above approach. Around the world tax authorities have been echoing the same message. The message appears to be working. Accounting firms speak of a "creeping conservatism" that has pervaded company boardrooms. What is not clear, however, is whether taxpayers, in becoming more conservative, are simply more fully aware of tax risks and are making informed decisions or whether they are simply responding to external events, such as the worldwide focus by revenue authorities and the media on tax avoidance. Whatever the reason, it is now critical, particularly in the case of corporate taxpayers, that their policies for tax and its attendant risks need to be as sophisticated, coherent and transparent as its policies in all other areas involving multiple stakeholders, such as suppliers, customers, staff and investors. How does a company begin to set its tax philosophy and strategic direction or to determine its appetite for risk? A starting point, it is submitted would be a review of the distinction between tax evasion, avoidance and planning with a heightened sensitivity to the unfamiliar ethical, moral and social risks. The goal of this thesis was to clearly define the distinction between tax evasion, tax avoidance and tax planning from a legal interpretive, ethical and historical perspective in order to develop a rudimentary framework for the responsible management of strategic tax decisions, in the light of the new South African general anti-avoidance legislation. The research methodology entails a qualitative research orientation consisting of a critical conceptual analysis of tax evasion and tax avoidance, with a view to establishing a basic framework to be used by taxpayers to make informed decisions on tax matters. The analysis of the distinction in this work culminated in a diagrammatic representation of the distinction between tax evasion, tax avoidance and tax planning emphasising the different types of tax avoidance from least aggressive to the most abusive and from the least objectionable to most objectionable. It is anticipated that a visual representation of the distinction, however flawed, would result in a far more pragmatic tool to taxpayers than a lengthy document. From a glance taxpayers can determine the following: That tax avoidance is legal; that different forms of tax avoidance exist, some forms being more aggressive than others; that aggressive forms of tax avoidance carry reputational risks; and that in certain circumstances aggressive tax avoidance schemes may border on tax evasion. This, it is envisaged, may prompt taxpayers to ask the right questions when faced with an external or in-house tax avoidance arrangement rather than simply blindly accepting or rejecting the arrangement.

Revenue collection agencies across the world aim to maximise revenue collection by minimising tax noncompliance. The different types of tax noncompliance are collectively referred to as the tax gap phenomenon, which revenue collection agencies address by means of various enforcement approaches and capabilities. Much like any organisation, the resources required to execute these capabilities are finite and require accurate organisational decision-making in order to make optimal use thereof. Information technology, and specifically decision support systems (DSS), is critical in enabling this decision-making process. Using the Structuration Model of Technology, the information needs, demand and offerings of revenue collection agencies are explored given their objective of narrowing the tax gap phenomenon using DSS. Emphasis is placed on the manner in which IT is used to address taxpayer noncompliance, the way in which IT supports knowledge creation and subsequently also facilitate the decision-making process of tax practitioners, and also the different types of IT offerings made available to decision-makers in the form of DSS. In doing so, this research presents the results of a case study on the South African Revenue Service in which a conceptual decision support system framework is developed aimed at minimising the tax gap phenomenon. The research is conducted as a qualitative single case study and presented through a narrative analysis. The framework is systematically constructed as the research findings emerge and concluded by means of a framework validation and transfer ability test. The research result is a conceptual DSS framework acting as a reference point to other revenue collection agencies with the objective of addressing taxpayer noncompliance through DSS. / Jurisprudence / D. Phil. (Information Systems)

Thesis (MBA)--Stellenbosch University, 2006. / ENGLISH ABSTRACT: Governments do not want their tax collection to be affected by multinational companies that make use of distorted pricing models in order to maximize profits. For this reason Governments everywhere are implementing strict transfer pricing policies. These policies are mainly based on the OECD Guidelines with respect to transfer pricing. On the other hand, multinational companies do not want to be exposed to double taxation. The South African government also introduced regulations with respect to transfer prices set by multinational companies. Section 31 of the Income Tax Act 58, 1962, deals specifically with the issue of transfer pricing. This is fully explained in Practice Note 7 of SARS. RHI Refractories Africa, as part of the multinational company RHI-Ag, has to comply with SARS legislation. RHI Refractories Africa purchase many materials and products from the parent company for resale in the local market. The SEN is one such product and was selected for evaluation. This study found, after evaluation of the functions performed by RHI Refractories Africa and evaluating all the various preferred methods, the Resale Price Method (RPM) to be the most appropriate method to be used in the evaluation of the status of RHI Refractories Africa with respect to compliance with current SARS legislation. The gross margins eamed by RHI Refractories Africa on the sale of TYK and THOR SENs were compared. It was found that the gross margins earned on the sale of THOR SENs in the controlled transaction were actually higher than those earned in the uncontrolled transaction with TYK. The conclusion of this study is that RHI Refractories Africa does comply with current SARS legislation as measured against the guidelines of Practice Note 7 from SARS. This study further proposes that RHI Refractories Africa evaluate and document the process followed for all the inter-company transactions in order to ensure full compliance with SARS legislation. / AFRIKAANSE OPSOMMING: Regerings wil verhoed dat die belasting basis verklein word deur multinasionale maatskappye wat gebruik maak van prys modelIe wat daarop gemik is om belasting te ontduik en sodoende die marges van die maaskappye te verhoog. Vir die rede implimenteer regerings strenger maatreels om te verseker dat oordrag pryse markverwant is en bly. Die riglyne soos voorgestel deur die OECD word meestal as basis gebruik vir die opstel van lokale wetgewing. Terselfdertyd wil multinasionale maatskapye ook nie dubbele belasting betaal nie. Die Suid Afrikaanse regering het wetgewing daar gestel as deeI van Seksie 31 van die Inkomste Belasting Wet 58, 1962, wat spesifiek handel met oordrag pryse. Die wetgewing word verder verduidelik in Praktiese Nota 7. RHI Refractories Africa, as deeI van die multinasionale maatskapy RHI-Ag, moet voldoen aan SARS wetgewing. RHI Refractories Africa koop 'n verskeidenheid van materiale en produkte van die moeder-maatskapy vir herverkoop in die lokale mark. Die SEN is een so 'n produk en is gekies vir evaluasie. Die funksies wat RHI Refractories Afrika uitvoer ten opsigte van die verkoop van SENs is ten volle ondersoek. Die verskillende metodes vir evaluering van die oordrag prys soos voorgestel deur SARS is ook ondersoek en daar is gevind dat die Herverkoop Prys Model (RPM) die mees geskikte model is vir RHI Refractories Africa om te gebruik in die evaluering van die verkoop van SENs. Die bruto marge wat RHI Refractories Africa behaal met die verkoop van TYK en THOR SENs is vergelyk. Daar is gevind dat die bruto marge wat behaal is met THOR SENs, as deel van die beheerde transaksie, in werklikheid groter is as die wat met TYK SENs in die onbeheerde transaksie behaal is. Die konklusie van die studie is dat RHI Refractories Africa wel voldoen aan die vereistes daar gestel deur SARS soos gemeet aan die riglyne van Praktiese Nota 7. Die studie stel voor dat RHI Refractories Africa al die intermaatskaplike transaksies evalueer aan die hand van die SARS riglyne om te verseker dat daar ten volle voldoen word aan die vereistes van SARS.

The study aims to review the regulatory powers exercised by the South African Revenue Services (SARS) with regard to the issuing, decline or revocation of a taxpayer’s tax clearance certificate, to highlight any remedial measures and procedures available to the aggrieved taxpayer in order to protect the right of taxpayers to fair administrative action in their dealings with SARS. Previously, a tax clearance certificate was not issued in terms of any statute or provision of any Tax Act. However, since the introduction of the Tax Administration Act, as amended (TAA), the issuing of the tax clearance certificates are more efficiently regulated. The issuing of tax clearance certificate’s must conform to the values and principles prescribed for under current legislation, and more particularly, as espoused under the Constitution of South Africa, 1996 (the Constitution). However, it has been reported some taxpayer were experiencing unreasonable and incomprehensible delays in obtaining responses to the objections lodged with SARS for assessment. Taxpayers seeking resolution of their disputes with SARS, currently opt to incur litigation costs in order to obtain appropriate relief from the High Courts. Taxpayers must take note that there is nothing in Promotion of Administrative Justice Act (PAJA) or the common law, which empowers a Court to order an administrator to take action, including the making of a decision which the administrator is not lawfully allowed to make. The study highlights remedial measures and procedures available to the aggrieved taxpayer to prevent the misapplication of fiscal power by SARS in the issuing of the taxpayer’s compliance status, thus protecting the right to fair administrative action in their dealings with SARS. Taxpayers who are aggrieved by a decision taken by the Revenue Authority are encouraged to timeously address their grievances, commencing with the internal dispute resolution remedies provided for within the TAA. / Financial Accounting / M. Compt. (Accounting Sciences)