Thesis (doctoral)--Rijksuniversiteit te Leiden , 1998. / "Stellingen with the dissertation of Piroska E. Soos 'The origins of taxation at source in England'" (4 p.) inserted. Includes bibliographical references (p. 193-206) and index.

Thesis (M.B.A.)--Naval Postgraduate School, December 2003. / Thesis advisor(s): John E. Mutty, William R. Gates. Includes bibliographical references (p. 43). Also available online.

Thesis (Ph. D.)--University of Chicago, Dept of Economics, June 2003 / Includes bibliographical references. Also available on the Internet.

No abstract available. / Dissertation (LLM)--University of Pretoria, 2013. / Public Law / unrestricted

South Africa is in need of foreign direct investment (FDI) to increase economic growth and alleviate unemployment and poverty. To succeed in obtaining this FDI, South Africa must compete with the rest of the world for the available FDI. The global economic outlook is currently still uncertain and the growth of advanced economies are slowing down while Asia and Sub-Saharan Africa continue to grow at a steady pace. South Africa, as part of Sub-Saharan Africa, should take advantage of this growth on the African continent as well as internationally. Although studies have been performed to ascertain the tax policies of countries, the role of taxation applied by countries and the effects of taxation on FDI, there have been few studies on the tax policies specifically in respect of withholding taxes on interest. The new South African withholding tax on interest, applicable to South African source interest payments to non-residents, has been proposed to be included in terms of sections 49A to 49H in the Income Tax Act (58 of 1962) and will become effective from 1 January 2015. These sections have been introduced to align the said withholding tax and the section 10(1)(h) interest exemption, applicable to normal income tax in respect of non-residents, to the withholding taxes on interest and interest exemptions applied globally. Attention should be focused on whether the aforementioned global alignment will be achieved with the introduction of this legislation as South Africa had previously applied a similar legislation called non-residents’ tax on interest (NRTI) which appeared to be unsuccessful. Determining whether this legislation has been aligned with global practice will provide useful insight into whether this new legislation will promote, stagnate or be indifferent to FDI in South Africa, while at the same time not eroding the tax base with overly generous exemptions. This study reviews and compares the taxes implemented globally specifically in relation to withholding taxes on interest in a selection of countries, namely the developing countries Brazil, Russia, India, China, Mozambique and Namibia and the developed countries Germany and Denmark. Other determinants which will also have an impact on the comparisons of these withholding taxes are, for example, normal and withholding tax interest exemptions and repo rates – all of which have been incorporated into this comparative study. Based on the literature reviewed and the comparative analysis, the study concludes that the South African withholding tax on interest is effectively designed to keep attracting foreign lending in order to remain competitive in international markets. It is further shown that the South African legislation in respect of the section 10(1)(h) blanket interest exemption is aligned to that of global practice. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014

South Africa is in need of foreign direct investment (FDI) to increase economic growth and alleviate unemployment and poverty. To succeed in obtaining this FDI, South Africa must compete with the rest of the world for the available FDI. The global economic outlook is currently still uncertain and the growth of advanced economies are slowing down while Asia and Sub-Saharan Africa continue to grow at a steady pace. South Africa, as part of Sub-Saharan Africa, should take advantage of this growth on the African continent as well as internationally. Although studies have been performed to ascertain the tax policies of countries, the role of taxation applied by countries and the effects of taxation on FDI, there have been few studies on the tax policies specifically in respect of withholding taxes on interest. The new South African withholding tax on interest, applicable to South African source interest payments to non-residents, has been proposed to be included in terms of sections 49A to 49H in the Income Tax Act (58 of 1962) and will become effective from 1 January 2015. These sections have been introduced to align the said withholding tax and the section 10(1)(h) interest exemption, applicable to normal income tax in respect of non-residents, to the withholding taxes on interest and interest exemptions applied globally. Attention should be focused on whether the aforementioned global alignment will be achieved with the introduction of this legislation as South Africa had previously applied a similar legislation called non-residents’ tax on interest (NRTI) which appeared to be unsuccessful. Determining whether this legislation has been aligned with global practice will provide useful insight into whether this new legislation will promote, stagnate or be indifferent to FDI in South Africa, while at the same time not eroding the tax base with overly generous exemptions. This study reviews and compares the taxes implemented globally specifically in relation to withholding taxes on interest in a selection of countries, namely the developing countries Brazil, Russia, India, China, Mozambique and Namibia and the developed countries Germany and Denmark. Other determinants which will also have an impact on the comparisons of these withholding taxes are, for example, normal and withholding tax interest exemptions and repo rates – all of which have been incorporated into this comparative study. Based on the literature reviewed and the comparative analysis, the study concludes that the South African withholding tax on interest is effectively designed to keep attracting foreign lending in order to remain competitive in international markets. It is further shown that the South African legislation in respect of the section 10(1)(h) blanket interest exemption is aligned to that of global practice. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014

O objetivo deste estudo é investigar se no caso de contratos de swap com finalidade de proteção, o conceito de renda é preenchido para que haja tributação de renda na fonte; para tanto, foram discutidos temas como: hipótese de incidência, base imponível, renda, derivativos e essência e forma na tributação. Os pontos centrais para a discussão do problema são: (i) relação entre hipótese de incidência e base imponível e (ii) essência e forma na tributação. No que tange à hipótese de incidência, a base imponível não alcança o fenômeno renda adequadamente, já que não tributa um efetivo acréscimo patrimonial. Quanto à discussão sobre essência e forma na tributação, conclui-se que a consideração da realidade econômica, na tributação de contratos de swap com finalidade de proteção, faz com que a tributação respeite mais o princípio da igualdade, distanciando-se da segurança jurídica. No entanto, implica maior dependência em relação aos tribunais e ao poder judiciário. Dessa forma, o risco a ser considerado é o de que caberá ao poder judiciário a interpretação tendo em vista critérios econômicos, em outras palavras, a essência da operação. O imposto de renda na fonte em contratos de swap com finalidade de proteção pode ser tido como indevido, ou, até mesmo, como abusivo; parte da doutrina defende que, nesse caso, o Estado deixa de considerar os ditames constitucionais, pois o objeto tributado trata, apenas, de uma suposta renda. / This study aims to investigate whether, in case of hedging swap, the income concept for source deduction is complied with. Therefore, the following themes were discussed: tax hypothesis, taxable base, income and substance and form in taxation. The central issues to discuss the problem are: (i) relation between tax hypothesis and taxable base and (ii) substance and form in taxation. Regarding the tax hypothesis, the taxable base does not adequately reach the income phenomenon, as it does not tax an actual equity growth. As for the discussion on substance and form in taxation, it is concluded that, when taking into account the economic reality in the taxation of hedging swap, taxation respects the equity principle more, taking distance from legal security. It does imply greater dependence on courts and the legal power though. Thus, the risk that needs to be considered is that the legal power will be responsible for interpretation, in view of economic criteria, that is, the substance of the operation. Withholding tax in hedging swap can be considered undue or even abusive. Part of literature defends, in that case, that the State ignores constitutional principles, as the tax object is merely supposed income.

O objetivo deste estudo é investigar se no caso de contratos de swap com finalidade de proteção, o conceito de renda é preenchido para que haja tributação de renda na fonte; para tanto, foram discutidos temas como: hipótese de incidência, base imponível, renda, derivativos e essência e forma na tributação. Os pontos centrais para a discussão do problema são: (i) relação entre hipótese de incidência e base imponível e (ii) essência e forma na tributação. No que tange à hipótese de incidência, a base imponível não alcança o fenômeno renda adequadamente, já que não tributa um efetivo acréscimo patrimonial. Quanto à discussão sobre essência e forma na tributação, conclui-se que a consideração da realidade econômica, na tributação de contratos de swap com finalidade de proteção, faz com que a tributação respeite mais o princípio da igualdade, distanciando-se da segurança jurídica. No entanto, implica maior dependência em relação aos tribunais e ao poder judiciário. Dessa forma, o risco a ser considerado é o de que caberá ao poder judiciário a interpretação tendo em vista critérios econômicos, em outras palavras, a essência da operação. O imposto de renda na fonte em contratos de swap com finalidade de proteção pode ser tido como indevido, ou, até mesmo, como abusivo; parte da doutrina defende que, nesse caso, o Estado deixa de considerar os ditames constitucionais, pois o objeto tributado trata, apenas, de uma suposta renda. / This study aims to investigate whether, in case of hedging swap, the income concept for source deduction is complied with. Therefore, the following themes were discussed: tax hypothesis, taxable base, income and substance and form in taxation. The central issues to discuss the problem are: (i) relation between tax hypothesis and taxable base and (ii) substance and form in taxation. Regarding the tax hypothesis, the taxable base does not adequately reach the income phenomenon, as it does not tax an actual equity growth. As for the discussion on substance and form in taxation, it is concluded that, when taking into account the economic reality in the taxation of hedging swap, taxation respects the equity principle more, taking distance from legal security. It does imply greater dependence on courts and the legal power though. Thus, the risk that needs to be considered is that the legal power will be responsible for interpretation, in view of economic criteria, that is, the substance of the operation. Withholding tax in hedging swap can be considered undue or even abusive. Part of literature defends, in that case, that the State ignores constitutional principles, as the tax object is merely supposed income.

In the 2011/2012 Budget Speech delivered by the Minister of Finance, Pravin Gordhan, it was announced that a 15% withholding tax on gambling winnings above R 25 000 was to be introduced with effect from 1 April 2012. This treatise was undertaken to critically analyse the different elements of the proposed new withholding tax. It was established that the fiscus already benefits significantly from the gambling industry and levies and taxes from the gambling industry dwarf the revenue SARS collect from other forms of taxes such as Donations tax and Estate Duty tax. The necessity, therefore, of taxing gambling winnings in the hands of the individual is debatable. A comparison with the three foreign countries used by the Minister as an example of countries who have successfully implemented a withholding tax on gambling winnings exposed operational or other characteristics which bear no significant relationship to the situation in which the industry operates in South Africa. Probably the most significant difference is the fact that in the three foreign countries, losses are deductible and only the net gains are taxed. Although it iv could add to an already seemingly administrative-intensive legislation, it is submitted that taxing gambling winnings and ignoring losses suffered by gamblers will be disproportionately unfair towards the taxpayer. The many questions raised in this treatise illustrate the level of uncertainty still surrounding the new proposed gambling tax. It is hoped that communication will be provided by SARS as soon as possible to address the issues at hand. This would go a long way in ensuring that the implementation of the proposed withholding tax on gambling winnings is as smooth and efficient as possible.

Additional tax on gambling winnings was announced by the Minister of Finance, Mr. Pravin Gordhan in the 2010 National Budget Speech. This additional tax was proposed to discourage excessive gambling in South Africa. In 2011, it was proposed that all winnings above R25 000 will be subject to a final 15 per cent withholding tax. Gambling plays a significant role in the South African economy and contributes to job creation, infrastructure investment and overall economic growth. The Government faced negative comments from the gambling industry where the administrative challenges of implementing a withholding tax were emphasised. Challenges such as the difficulty in implementing, controlling and administering the proposed tax were mentioned. The objective of the proposal was questioned because excessive gambling declined in South Africa during the last few years. This led to the Government changing their proposed method in 2012 from a withholding tax at 15 per cent to a national gambling tax, based on gross gambling revenue, on a uniform provincial gambling tax base, which constitutes an additional 1% national levy. This raised two main problem statements. The first is which role of government, regulator versus stakeholder, is taking precedence through the implementation of the proposals to levy additional taxes on gambling in South Africa? And the second, is this role (identified above) the correct role that government should play that best supports government‟s objective of curbing excessive gambling in South Africa and does it justify the need for an additional tax to be levied on South African gambling? The two proposed methods were scrutinised to identify the ultimate role of the government. The fact that only the winnings will be subject to a withholding tax system did not contribute to a regulator role to decrease excessive gambling and thereby minimising negative externalities. Not all gamblers will be directly affected by this type of tax. The provincial tax base taxes all gambling activities, as all gamblers participating in gambling will be subject to the additional levy. The problem here is that the gambler will not be directly taxed and will then not be directly influenced to have any effect on their gambling behaviour. The government also recognised that they want to decrease the negative externalities that are associated with excessive gambling. It would seem that the main objective should rather be to address the negative externalities rather than the excessive gambling. It is debatable whether an additional tax levied in any form other than a sin tax would achieve this goal and give the role of regulator precedence. The role as stakeholder took precedence when the government decided to move to a provincial tax base. Research indicated that the main motivational factor behind the election was purely driven on how government would be successful in implementing an additional tax in the most administratively efficient and cost effective manner, while still benefiting from it through the collection of additional state revenue. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014