i.i Research question The purpose of this dissertation is to examine whether South Africa’s approach to the taxation of ordinary partnerships flows clearly from its legal recognition thereof, or whether further clarity is needed from South Africa’s fiscal legislation i.ii Background and research method Peculiarities inherent in South Africa’s taxation of ordinary partnerships versus the legal nature of a partnership, is discussed in detail with reference to a comparison of the local treatment of foreign legal and tax systems. The legal systems of the United Kingdom, Ireland and the United States of America, have evolved out of the same common law as is recognised in South Africa, and so have already dealt with the issues illustrated in this dissertation, namely: Legally, partners own the assets of the partnership in joint and undivided shares. For tax purposes, however, each partner is treated as having a fractional interest in the assets of the partnership. The two approaches are different and give rise to an analysis as to how our tax legislation achieves conformity. Legally, when a partner 'joins’ or leaves a partnership, there is a legal dissolution of the partnership, and thereby a disposal by each partner of his or her share in the underlying assets. In tax, a disposal is likely to give rise to income and/or capital gain considerations. In the event that a legal dissolution of a partnership arises, and should the taxation consequences follow, the extent of any concomitant disposal must be determined, and whether any relief (roll-over or recognition of a divided interest) should be provided to such disposals and the subsequent consequences (such as valuation). The evolution of the ordinary commercial partnership is discussed, with particular reference to its use as a regulatory avoidance structure, for example by the circumvention of the usury doctrine. Those characteristics which have survived in the modern-day legal recognition of partnership, in light of their history, contextualise the ensuing discussion as to the necessity, or otherwise, of legislative intervention. One of the tents of a robust legal system which exudes the qualities of the rule of law, is clarity. It is therefore incumbent on Government to address any lack of clarity in the application of the law if adherence to the rule of law is to be upheld. Once it is established that a valid ordinary commercial partnership is constituted, the relevant mechanics flowing from the model, which require legislative clarification are more easily identified. The approaches taken by the foreign jurisdictions considered in this dissertation provide some guidance as to possible methods of addressing and overcoming those legal-versus-tax dichotomies discussed herein. Whether it is necessary for South Africa to reject the aggregate approach in law with harmonious intervention coming from tax legislation, such as the practice in the United States; or whether the aggregate approach be retained subject to clear legal treatment as demonstrated by the UK, remains a question for further research. It is submitted that the UK, Ireland and the US have taken extensive legislative measures to overcome the dichotomy between the legal-versus-tax recognition and treatment of partnerships, and that South Africa might not require such extensive codification. Rather, the specific areas in which the greatest discord exists are discussed in this dissertation, and it is submitted that bespoke intervention, as suggested in the concluding paragraphs of this dissertation, would go far towards achieving legal certainty in this regard. i.iii Findings Section 24H and paragraph 36 of the Eighth Schedule to the Income Tax Act 58 of 1962 (“the Act”) deal adequately with the income and capital gains arising during the continuation of a partnership, as well as in the event of a change in the profit and loss sharing ratios of the partners. It is submitted, however, that on the commencement of a partnership, including the introduction of a person to an existing partnership or an asset by a partner into a partnership, and on termination of a partnership or a partner’s interest therein, the legal considerations are not clearly dealt with by existing tax legislation. It is also possible that unbusiness-like results at these tax trigger-points could be avoided with pragmatic legislative intervention.

Local tax legislation means that the local government designates its own local tax category, prescribes its own tax, and executes the tax assessment rights. Local taxation independence has great impact on the finance and development of the local government and has become a prevailing international trend of thought in recent years. In Taiwan, local governments commonly face the problem of tax assessment shortage due to general economic slowdown in the past few years. Increase of government spend worsens the finance of various levels of local governments. The fact that the local governments in Taiwan are spending more money than what they take in causes the annually increased deficit budget. In addition, the merge and upgrade of five cities this year will definitely cause expelling effect on the income of local governments. Therefore, the tasks of increasing revenue and cutting spending should not be further delayed by the local governments. Local government financial independence is one of the crucial factors ensuring local autonomy business publicity. Therefore, the study of legal causes and reforms of local government tax income shortage, especially the study of local tax legislation that directly affecting tax assessment, is an important issue for safeguarding local government financial independence and local autonomy. This study is a detailed analysis of issues based on local government legislative precedents and literature reviews. Using the information collected, this study analyzes the differences and similarities of practical and academic views, conducts in-depth interviews of experts in this field, and thereafter presents conclusions and proposals. The soundness of local tax legislation can not be achieved without the maturity of democratic concepts, local autonomy consciousness, time and environment. Expanding tax sources can be done in two ways at the same time. First, nationwide local tax shall meet the principles of sufficiency and stability of taxation. Specifically, an overall review on the current local tax system should be conducte, including the revocation of unreasonable tax reduction and increase of publicly announced land prices. By doing so, we can meet the finance demands from local governments. Second, local government can create new taxes that meet the principle of equity, neutrality, and benefit-receive. Specifically, local government can impose taxes with designated purposes of use, establishing the link between people¡¦s interests and burdens and meeting the special demand of local government finance. Combining these two ways shall solve the problem of insufficient tax assessment.

This essay is about the Swedish Royal Foundations and especially the culture foundations. The Swedish Royal Foundations in culture are four. I’ve also made a short background about Royal engagement through foundations in history. I’ve given examples on what Royals in Sweden have done in the past and what they do today. For example are Princess Eugenia in the 19th century and Queen Silvia today with World Childhood Foundation.     After the Royal Family and the Swedish Royal Foundations it is not far to the Swedish patrons or philanthropists both in history and today. In history the term patron is used to describe someone who gave money to painters or other culture workers. Nowadays we usually say philanthropist. The persons I looked deeper into are the Swedish Prince Eugen and Ernest Thiel from the past and Sven-Harry Karlsson, Anders Wall and Per and Lena Josefsson from today.    I have found that the Swedish tax legislation for foundations with culture as the purpose, are interesting and can play a role in the future culture politics. I have a short summary both of the existing rules and the new tax purposes from the Swedish Government. Sweden is the only country in the EU who does not has tax relief for culture foundations. Culture foundations can give less than they want because of this. So instead they give money to things that has tax reliefs like Culture heritage management and education.

Thesis (MBA (Business Management))--University of Stellenbosch, 2010. / ENGLISH ABSTRACT: Market capitalisation is a measure of size and prestige for various JSE listed companies. Changes in the Companies Act in relation to the capital maintenance provided companies the opportunity to repurchase their own shares. South Africa’s legislation is different to those of its international peers which resulted in a different interpretation of how to deal with treasury shares and resultantly impacted on the valuation of market capitalisation. This study was undertaken with the aim of establishing if there are differences in the reporting of closing balances of the number of shares of the company and group as provided by the share analysis section of the annual financial reports which is required by the JSE Listing Requirements. Thirty-four companies were selected specifically, analysed and compared to information as per the University of Stellenbosch Business School share program to determine whether differences arise and to determine the impact that this has on the market capitalisation valuation and explanations for deviations. The results reflected that the non reconciliation of closing balances of the group was primarily due to the non consolidation of trusts, subsidiaries and treasury shares and companies not adhering to the listing requirements as per section 3.3 of the shareholders’ spread to adequately disclose treasury related transactions. The study also found ambiguity in accounting standards IAS 1 in that they did not provide conclusive guidance in terms of the disclosure of share movements in rand value and units to reconcile between opening and closing balances of all treasury shares. Changes in the tax legislation will in future negate the reason for share repurchases through the subsidiaries or trusts which will have an impact on the reconciliation process going forward. Ultimately the accounting profession and JSE will have to implement standardised guidelines to ensure that the reporting of treasury shares is simplified to ensure that market users’ understanding of treasury activities and market capitalisation valuation can be improved.

This thesis analyzes the tax incentives and protection measures in the European Union and Turkey. The definition and classification of these measures in the form of tax expenditures will be stated in this study. EU&rsquo / s tax provisions in sources of the Acquis Communautaire will be described followed by the practice in the EU&rsquo / s major policy fields. The legal background and major policy implications of these tax policy measures in the framework of Turkey&rsquo / s tax laws will be explained followed by an evaluation of to what extent Turkey&rsquo / s tax expenditures are harmonized to the EU.

The mining industry is a major contributor towards the South African economy. There are several types of corporate transactions that could typically be found in the mining industry and these include merger transactions. Mergers could lead to a number of tax consequences which could include capital gains tax, the recoupment of capital allowances and dividends tax. Merger transactions do not necessarily lead to an immediate increase in profits. Therefore, the tax authorities provide for relief in respect of merger transactions. The relief takes place in the form of tax roll-overs that effectively postpone tax consequences until such time as a true economic profit is realised in the future. Taxpayers typically wish to minimise the amount of tax which they pay. Therefore, they may abuse the relief provided to avoid paying tax. In an attempt to protect the state’s revenue and to prevent tax avoidance, the tax authorities introduce anti-avoidance provisions into the tax legislation. The roll-over relief provided in respect of merger transactions, as well as the provisions dealing with mining capital allowances contain a number of provisions to combat opportunities for tax avoidance. The study explains the principles of tax avoidance and anti-avoidance in the mining industry in South Africa, and indicates the need for tax relief in the context of merger transactions in the mining industry in South Africa. The study further illustrates how tax relief presents opportunities for tax avoidance and how anti-avoidance legislation restricts these opportunities. The study also shows that there is a cycle in which an onerous tax leads to a need for relief which in turn leads to opportunities for tax avoidance which in turn leads to anti-avoidance provisions. The research conducted as part of this study shows that this cycle is an international trend that often affects the manner in which merger transactions are structured. AFRIKAANS : Die mynbedryf in Suid-Afrika lewer 'n aansienlike bydrae tot die Suid-Afrikaanse ekonomie. Samesmeltings is een van verskeie tipe korporatiewe transaksies wat in die mynbedryf in Suid-Afrika aangetref word. Samesmeltings gee ook aanleiding tot verskeie belastingimplikasies, soos Kapitaalwinsbelasting, die verhaling van belastingtoelaes en die belasting op dividende. Samesmeltings lei nie noodwendig tot 'n onmiddellike verhoging in ekonomiese voordele nie. Die belastingowerhede maak voorsiening vir belastingverligting ten opsigte van hierdie gebeure. Die verligting word gewoonlik verskaf in die vorm van die uitstel van belastingverpligtinge tot ‘n datum wanneer ‘n ekonomiese wins in die toekoms gerealiseer word. Belastingbetalers streef gewoonlik na 'n vermindering in hul belastinglas, en mag dus die verligting wat voorsien word probeer misbruik. Die belastingowerhede daarenteen maak voorsiening vir wetgewing om hierdie pogings van die belastingbetalers om belasting te vermy, teen te werk en so die inkomste van die staat te beskerm. Die uitstel wat aan samesmeltingsooreenkomste verleen word asook die voorsiening van mynboukapitaaltoelaes bevat verskeie voorsorg maatreëls om pogings tot belastingvermyding teen te werk. Die studie ontleed die beginsels van belastingvermyding en teen-vermyding wetgewing in die mynbedryf in Suid-Afrika, en wys op die behoefte vir verligting ten opsigte van samesmeltings in die mynbedryf in Suid-Afrika. Die studie toon verder ook hoe die verligting lei tot geleenthede vir belastingvermyding en hoe teen-vermyding wetgewing dit kan teenwerk. Die studie toon ook dat daar ‘n siklus bestaan, waarin die behoefte vir verligting as gevolg van n oormatige belastinglas tot geleenthede vir belastingvermyding lei, en wat op sy beurt lei tot wetgewing om die belastingvermyding te ontmoedig. Die navorsing wat as deel van hierdie studie uitgevoer is dui daarop dat hierdie siklus ‘n internasionale neiging is wat dikwels die struktuur van samesmeltingsooreenkomste affekteer. / Dissertation (MCom)--University of Pretoria, 2012. / Taxation / unrestricted

For many years tax jurisdictions have encountered challenges with the concept of the taxation of trusts. The trust concept itself conjures up thoughts of complexity. The development of the trust as a structure and the subsequent colonial influence on the development of trusts in Africa, resulted in different applications of the common law trust principle in tax legislation. This study explores the complexity of the trust tax legislation by way of a comparison of the legislation in selected Southern African Development Community (SADC) countries. The study applies a qualitative approach to compare the trust tax legislation of the selected SADC tax jurisdictions in an effort to assess the complexity involved in the taxation of trusts. The research methodology employed is doctrinal (black letter law) and includes an analysis of the legislation of the selected jurisdictions. The study reveals substantial similarities in the terminology used in the taxation of trusts in the selected jurisdictions. In comparing the legislation of the jurisdictions that make provision for the flow through principle with those of the jurisdictions that do not make provision for the flow through principle, a larger element of complexity in the legislation becomes apparent with wider legislative design differences. Additionally, jurisdictions that make provision for the flow through principle also introduce anti-avoidance legislation to curb the misuse of income attributed to the beneficiaries of trusts. This anti-avoidance legislation creates additional complexity in the legislation. / Dissertation (MCom (Taxation))--University of Pretoria, 2019. / Taxation / MCom Taxation / Unrestricted

In my diploma thesis, I deal with an issue of effective corporate tax rates. The effective tax rate expresses the real tax burden of companies. The effective tax rate is different from the statutory tax rate due to the impact of tax legislation. The aim of my diploma thesis is to analyze the impact of changes in legislation on the level of effective tax rate for companies divided by size and for companies divided by industry. The first chapter describes the crisis in the world and its consequences on taxation in the Czech Republic. In the second chapter I analyze the impact of legislative changes on the level of effective tax rate during the monitored period, i.e. in the years 2006-2016. The third chapter deals with the classification of methods of calculating effective tax rates. In the last chapter, I analyze the impact of changes in legislation on the development of effective tax rates for companies divided by size and for companies divided by industry.

South African property investment vehicles consist of collective investment schemes in property (CISPs), also known as property unit trusts (PUTs) and property loan stock (PLS) companies. The application of sections 25B(1), 11(s), 10(1)(k)(i)(aa) and 64B(5)(b) of the Income Tax Act 58 of 1962 (“the Act”) and paragraph 67A(1) of the Eighth Schedule to the Act result in these property investment vehicles being taxed based on their legal form, that of a trust versus a company, rather than on their common purpose. The South African Revenue Service recognised these inconsistencies in the 2007/8 budget tax proposals and proposed that it be reviewed. In December 2007, National Treasury released a discussion paper on the reform of the listed property investment sector in South Africa. The discussion paper is aimed at adopting a real estate investment trust (REIT) regime in South Africa to make South African property investment vehicles more attractive to foreign investors as well as to address the current tax inconsistencies and fragmented regulation of the South African listed real estate sector. In this study, the current inconsistent tax treatment of these property investment vehicles is reviewed, both as to how they apply to the property investment vehicle and to their respective investors. This study further reviews how REITs in selected other countries are regulated and taxed and National Treasury’s proposals as to how REITs applicable in South Africa should be regulated and taxed. Copyright / Dissertation (MCom)--University of Pretoria, 2010. / Taxation / unrestricted

The relevance of the research topic is determined by the importance of consulting services in the structure of the market economy at the present time. The need for tax advice is growing at a fast pace. The imperfection of tax legislation creates significant difficulties for both Russian and foreign companies operating in the domestic market. Therefore, tax advice is becoming increasingly important. This dissertation work consists of three main parts. The first part describes the theoretical foundations of tax advice, and discusses the experience of foreign countries. In the second section, we analyze the legal regulation of the tax advisory market, analyze the current state of the market for tax advisory services, and analyze the risks arising in the field of tax advisory. The third section formulates the main problems, their solutions, as well as prospects for the development and improvement of tax advisory services. / Актуальность темы научного исследования определяется важностью консалтинговых услуг в структуре рыночного хозяйства в настоящее время. Потребность в налоговом консультировании растет большим темпом. Несовершенство налогового законодательства создает значительные трудности, как для российских, так и для иностранных компаний, работающих на внутреннем рынке. Поэтому налоговое консультирование приобретает всё наибольшую актуальность. Данная диссертационная работа состоит из трех основных частей. В первой части описываются теоретические основы налогового консультирования, и рассматривается опыт зарубежных стран. Во втором разделе проводится анализ нормативно-правового регулирования рынка налогового консультирования, анализ современного состояния рынка услуг по налоговому консультированию, анализ рисков, возникающих в сфере налогового консультирования. В третьем разделе формулируются основные проблемы, пути их решения, а также перспективы развития и совершенствования услуг по налоговому консультирования.