This dissertation focuses on Foreign Direct Investment (FDI) in the oil sector of Africa, more specifically in Nigeria and Angola. A large problem faced by most African countries is their low domestic investment. This is due to the low savings rates in these countries. FDI serves as a supplement to domestic investment and therefore allows for increased production and growth in the region that can ultimately lead to better development. Further, FDI brings forth positive spill over effects that can further increase levels of development in African countries. Therefore, it is beneficial for African countries to achieve higher levels of FDI inflows. The African oil sector has, in recent years, received much deserved attention as Africa supplied approximately 11 percent of worldwide oil supply and the African untapped oil reserves constitute approximately 10 percent of the total worldwide proven oil reserves in 2010. There are currently 19 African countries known to have significant oil reserves and further surveying may increase this number. This dissertation focuses on Nigeria and Angola as these countries are the continent’s largest producers of oil and their oil sectors are the sectors with the strongest FDI inflows. Through economic and policy reforms and increased share in global oil supply, it is believed that these countries can be the drivers of economic growth and development in the region. Greater FDI is needed to fully exploit the available oil resources. Although many studies have been done on the factors that attract FDI, very few studies have focussed on oil sector specific FDI. Therefore, the aim of this dissertation is to determine and compare the factors that attract oil sector FDI in Nigeria and Angola. This dissertation undertakes both a literature review and an empirical analysis. The literature review provides an overview of FDI theory, the motives for investment, the types and benefits thereof; an overview of the African and, more specifically, the Nigerian and Angolan oil industry and the influence that FDI inflows have had on this sector. The current FDI inflow trends and oil sector FDI in Nigeria and Angola are reviewed. The dissertation examines and compares the current state of the Nigerian and Angolan oil industries. The empirical analysis consists of a country comparison through four least square regression models (domestic models for Nigeria and Angola and global models for both countries) using data between 1990 and 2011 obtained from the World Data Bank and the 2012 BP statistical review. The data used will describe the traditional determinants of FDI inflows as set out in literature review and other determinants derived from past studies of FDI inflows in transitional economies and oil sector dependent countries. In Nigeria and Angola, the problems of lack of accurate and sufficient data over a longer time period persist, as they do in most African countries. The main findings are that significant domestic influences of FDI inflows in Angola include: lower public power to entice private gain; better policies that are effectively enforced to improve civil and public services; and the proven oil reserves. This entails that government policy, transparency and their oil reserves are held in high regard by the foreign investors in Angola. In Nigeria, however, domestic influences of FDI inflows include: better citizen ability to select a government; freedom of expression; freedom of association and a free media; better ability of the government to formulate and implement sound policies and regulations that permit and promote private sector development; and oil production. This indicates that democracy, government policy and oil production are highly regarded by foreign investors who invest in Nigeria. Therefore, it can be argued that, even though results for factors influencing FDI inflows differ, there are similarities as government policy and the oil sector in general influence both countries even though the issues in both countries are not necessarily the same. However, on a global level, investment in the two countries is driven by completely different factors. According to the models, Angolan FDI inflows are driven by global oil production (supply) in the previous year whereas FDI inflows in Nigeria are correlated to the oil price in the previous year. Both of these models, however, leave much to be desired as they have low R2 values which indicate that they explain very little of what influences FDI inflows in the countries. / MCom (International Trade), North-West University, Potchefstroom Campus, 2014

This dissertation focuses on Foreign Direct Investment (FDI) in the oil sector of Africa, more specifically in Nigeria and Angola. A large problem faced by most African countries is their low domestic investment. This is due to the low savings rates in these countries. FDI serves as a supplement to domestic investment and therefore allows for increased production and growth in the region that can ultimately lead to better development. Further, FDI brings forth positive spill over effects that can further increase levels of development in African countries. Therefore, it is beneficial for African countries to achieve higher levels of FDI inflows. The African oil sector has, in recent years, received much deserved attention as Africa supplied approximately 11 percent of worldwide oil supply and the African untapped oil reserves constitute approximately 10 percent of the total worldwide proven oil reserves in 2010. There are currently 19 African countries known to have significant oil reserves and further surveying may increase this number. This dissertation focuses on Nigeria and Angola as these countries are the continent’s largest producers of oil and their oil sectors are the sectors with the strongest FDI inflows. Through economic and policy reforms and increased share in global oil supply, it is believed that these countries can be the drivers of economic growth and development in the region. Greater FDI is needed to fully exploit the available oil resources. Although many studies have been done on the factors that attract FDI, very few studies have focussed on oil sector specific FDI. Therefore, the aim of this dissertation is to determine and compare the factors that attract oil sector FDI in Nigeria and Angola. This dissertation undertakes both a literature review and an empirical analysis. The literature review provides an overview of FDI theory, the motives for investment, the types and benefits thereof; an overview of the African and, more specifically, the Nigerian and Angolan oil industry and the influence that FDI inflows have had on this sector. The current FDI inflow trends and oil sector FDI in Nigeria and Angola are reviewed. The dissertation examines and compares the current state of the Nigerian and Angolan oil industries. The empirical analysis consists of a country comparison through four least square regression models (domestic models for Nigeria and Angola and global models for both countries) using data between 1990 and 2011 obtained from the World Data Bank and the 2012 BP statistical review. The data used will describe the traditional determinants of FDI inflows as set out in literature review and other determinants derived from past studies of FDI inflows in transitional economies and oil sector dependent countries. In Nigeria and Angola, the problems of lack of accurate and sufficient data over a longer time period persist, as they do in most African countries. The main findings are that significant domestic influences of FDI inflows in Angola include: lower public power to entice private gain; better policies that are effectively enforced to improve civil and public services; and the proven oil reserves. This entails that government policy, transparency and their oil reserves are held in high regard by the foreign investors in Angola. In Nigeria, however, domestic influences of FDI inflows include: better citizen ability to select a government; freedom of expression; freedom of association and a free media; better ability of the government to formulate and implement sound policies and regulations that permit and promote private sector development; and oil production. This indicates that democracy, government policy and oil production are highly regarded by foreign investors who invest in Nigeria. Therefore, it can be argued that, even though results for factors influencing FDI inflows differ, there are similarities as government policy and the oil sector in general influence both countries even though the issues in both countries are not necessarily the same. However, on a global level, investment in the two countries is driven by completely different factors. According to the models, Angolan FDI inflows are driven by global oil production (supply) in the previous year whereas FDI inflows in Nigeria are correlated to the oil price in the previous year. Both of these models, however, leave much to be desired as they have low R2 values which indicate that they explain very little of what influences FDI inflows in the countries. / MCom (International Trade), North-West University, Potchefstroom Campus, 2014

Foreign direct investment in South Africa is expected to increase economic growth thereby alleviating poverty. With technology offering a global trade arena it has become increasingly important for countries to compete for the attention of international investors. Through studies conducted to identify the matters international investors take into consideration in deciding where to invest, tax policies were identified as an area considered by foreign investors. Although research has been performed on the tax policies applied by countries and the effect thereof on foreign direct investment, limited attention has been afforded to the tax policies of South Africa. With its recent inclusion in BRICS, South Africa will be competing with these expected future economic giants. Determining whether South Africa’s tax policies are competitive with these countries would provide useful insight for the marketing of the country. The study discusses and compares the foreign direct investment determinants identified as having an impact on investors’ decisions in investing outside local borders before focusing on taxation in particular. Based on the literature reviewed and the comparison performed, the study concludes that South Africa’s tax policies are competitive with those offered by BRICS countries AFRIKAANS : Die verwagting is dat buitelandse direkte belegging in Suid-Afrika na ekonomiese groei sal lei en sodoende armoede verlig. Met tegnologie wat 'n globale handel arena aanbied, word dit al hoe belangriker vir lande om te kompeteer vir die aandag van internasionale beleggers. Deur middel van studies wat gedoen is om die aangeleenthede wat internasionale beleggers in ag neem en die besluit waar om te belê, te identifiseer, is die belastingbeleid geïdentifiseer as 'n gebied wat oorweeg word deur buitelandse beleggers. Hoewel navorsing uitgevoer is op die belastingbeleid wat toegepas word deur die lande en die uitwerking daarvan op buitelandse direkte belegging, is daar beperkte aandag verleen aan die belastingbeleid van Suid-Afrika. Met Suid-Afrika se onlangse opname in BRICS sal die land meeding met hierdie verwagte toekomstige ekonomiese reuse. Om vas te stel of Suid-Afrika se belastingbeleid mededingend is met hierdie lande, sal nuttige insig verskaf word vir die bemarking van die land. Die studie bespreek en vergelyk die buitelandse direkte belegging determinante wat verwag word om 'n uitwerking te hê op beleggers se besluite om te belê buite hul plaaslike grense voor daar gefokus word op belasting in die besonder. Op grond van die literatuur en die vergelyking uitgevoer, het die studie tot die gevolgtrekking gekom dat Suid-Afrika se belastingbeleid mededingend is met dié wat deur BRICS lande beskikbaar gemaak word. Copyright 2011, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. Please cite as follows: Terhoeven, J 2011, The role of taxation in attracting foreign direct investments to South Africa : a BRICS comparison, MCom dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-03092012-122234 / > F12/4/168/gm / Dissertation (MCom)--University of Pretoria, 2012. / Taxation / unrestricted

South Africa was invited to join the Brazil, Russia, India and China (BRIC) group at the end of 2010, mainly because South Africa is viewed as the ‘gateway’ into Africa, and South Africa is also considered to be the link between BRIC and the Southern African Development Community (SADC). It is expected that the BRIC countries will increase their foreign direct investment (FDI) to South Africa. This inflow of BRIC FDI may lead to the advantages of boosting SADC exports, which is important as it may lead to the SADC countries experiencing expanded market opportunities, and exports have for a long time been viewed as an engine of economic growth. It has been further indicated that it is evident that relatively few studies have been conducted on the relationship between FDI and exports within the African context and that this relationship is not well understood. In light of these shortcomings in the literature, the first aim of this study was to attempt to contribute to the literature on FDI in SADC by investigating the relationship between BRIC FDI inflows on SADC exports. From the assessment of recent studies conducted on the relationship between FDI and exports in developed, developing and African countries a number of conclusions have been made. The first was that the majority of the studies conducted between 2000 and 2011 by various authors used causality tests and regression models to determine the relationships between FDI and exports. It also seemed that bi-directional causality is most often found, thereby indicating that FDI has a positive influence on exports and exports also have a positive influence on FDI. The secondary research aim, to determine the specific relationship between the BRIC’s FDI on SADC exports to BRIC and the world, was analysed by means of a descriptive and empirical study (correlation test, regression model, Granger causality test and panel data causality testing method), and the results indicated that, from 2003 to 2011, there was a strong positive correlation between BRIC FDI inflows to SADC and SADC exports to BRIC (59 per cent) and the world (96 per cent). The regression analysis showed that 53 per cent of the variance in the SADC exports to the BRIC is explained by BRIC FDI, while 99 per cent of the variance in the SADC exports to the world is explained by BRIC FDI. Finally the Granger causality test results indicated that BRIC FDI inflows contributed to higher exports from SADC, specifically SADC exports to the world. This was however not the case for SADC exports to BRIC. The results further suggest that there is a possible cointegration between BRIC FDI and the SADC exports to the world, reflecting, among other things, that the simultaneous movement of BRIC FDI inflows with SADC exports to the world may be mainly due to exogenous factors rather than a direct causal relationship. The BRIC FDI inflows on the SADC exports to the world being significant is a motivation for the SADC group to further motivate integration, co-operation and participation within BRIC, as this may possibly lead to further inward FDI flows, which may further promote exports to the world. Future studies would include determining the market forces that contribute to the simultaneous movement of BRIC FDI inflows into SADC, with the SADC exports to the world. / MCom (International Trade), North-West University, Potchefstroom Campus, 2013

South Africa was invited to join the Brazil, Russia, India and China (BRIC) group at the end of 2010, mainly because South Africa is viewed as the ‘gateway’ into Africa, and South Africa is also considered to be the link between BRIC and the Southern African Development Community (SADC). It is expected that the BRIC countries will increase their foreign direct investment (FDI) to South Africa. This inflow of BRIC FDI may lead to the advantages of boosting SADC exports, which is important as it may lead to the SADC countries experiencing expanded market opportunities, and exports have for a long time been viewed as an engine of economic growth. It has been further indicated that it is evident that relatively few studies have been conducted on the relationship between FDI and exports within the African context and that this relationship is not well understood. In light of these shortcomings in the literature, the first aim of this study was to attempt to contribute to the literature on FDI in SADC by investigating the relationship between BRIC FDI inflows on SADC exports. From the assessment of recent studies conducted on the relationship between FDI and exports in developed, developing and African countries a number of conclusions have been made. The first was that the majority of the studies conducted between 2000 and 2011 by various authors used causality tests and regression models to determine the relationships between FDI and exports. It also seemed that bi-directional causality is most often found, thereby indicating that FDI has a positive influence on exports and exports also have a positive influence on FDI. The secondary research aim, to determine the specific relationship between the BRIC’s FDI on SADC exports to BRIC and the world, was analysed by means of a descriptive and empirical study (correlation test, regression model, Granger causality test and panel data causality testing method), and the results indicated that, from 2003 to 2011, there was a strong positive correlation between BRIC FDI inflows to SADC and SADC exports to BRIC (59 per cent) and the world (96 per cent). The regression analysis showed that 53 per cent of the variance in the SADC exports to the BRIC is explained by BRIC FDI, while 99 per cent of the variance in the SADC exports to the world is explained by BRIC FDI. Finally the Granger causality test results indicated that BRIC FDI inflows contributed to higher exports from SADC, specifically SADC exports to the world. This was however not the case for SADC exports to BRIC. The results further suggest that there is a possible cointegration between BRIC FDI and the SADC exports to the world, reflecting, among other things, that the simultaneous movement of BRIC FDI inflows with SADC exports to the world may be mainly due to exogenous factors rather than a direct causal relationship. The BRIC FDI inflows on the SADC exports to the world being significant is a motivation for the SADC group to further motivate integration, co-operation and participation within BRIC, as this may possibly lead to further inward FDI flows, which may further promote exports to the world. Future studies would include determining the market forces that contribute to the simultaneous movement of BRIC FDI inflows into SADC, with the SADC exports to the world. / MCom (International Trade), North-West University, Potchefstroom Campus, 2013

The world is continuously becoming a smaller and smaller place. It has become a global community of sorts merely divided by imperceptible borders that are easily transversed by ever-evolving technological advances in the fields of business, travel, communication and such, each regulated by its own set of domestic laws and regulations. Hordes of South Africans immigrate to Australia annually due to, among others, economic and political uncertainty. These ex-patriots generally leave behind assets and creditors in South Africa whilst acquiring new ones wherever they choose to establish themselves. This serves as basis for potential future cross-border insolvency issues. Furthermore, entities such as companies trading internationally, and multinational companies with branches and offices in more than one state, have property and creditors in many different jurisdictions. Should such a company be liquidated, it would give rise to questions of jurisdiction, the procedures to be followed, the appointment of a liquidator(s) and the distribution of assets, to name a few. The absence of a universal cross-border insolvency law leaves room for much uncertainty and confusion. What is of importance for purposes of this research is to clarify all prevailing uncertainties regarding the rights and obligations of the foreign representative and the foreign creditor in cross-border insolvency matters. The foreign representative is the person or entity appointed to administer the reorganisation or liquidation of the insolvent debtor’s assets in a foreign proceeding. The inconsistency in cross-border insolvency regulations between South Africa and Australia has the consequence that there is no guarantee that a foreign creditor in one state will be treated the same as a foreign creditor in terms of the domestic laws of the other, as the Model Law aims to do. The situation would have been significantly less complicated had the South African Cross-Border Insolvency Act been in force at present and had Australia been designated as a state to which this Act would apply. In that case, the treatment of foreign representatives and foreign creditors would be of a reciprocal nature. This dissertation attempts, through an investigation of the South African and Australian domestic insolvency laws, to ascertain the position of the foreign representative and foreign creditors pre and post incorporation of the Model Law. Consequently this dissertation compares the legal positions of these parties in terms of South African and Australian national insolvency legislation. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014

The world is continuously becoming a smaller and smaller place. It has become a global community of sorts merely divided by imperceptible borders that are easily transversed by ever-evolving technological advances in the fields of business, travel, communication and such, each regulated by its own set of domestic laws and regulations. Hordes of South Africans immigrate to Australia annually due to, among others, economic and political uncertainty. These ex-patriots generally leave behind assets and creditors in South Africa whilst acquiring new ones wherever they choose to establish themselves. This serves as basis for potential future cross-border insolvency issues. Furthermore, entities such as companies trading internationally, and multinational companies with branches and offices in more than one state, have property and creditors in many different jurisdictions. Should such a company be liquidated, it would give rise to questions of jurisdiction, the procedures to be followed, the appointment of a liquidator(s) and the distribution of assets, to name a few. The absence of a universal cross-border insolvency law leaves room for much uncertainty and confusion. What is of importance for purposes of this research is to clarify all prevailing uncertainties regarding the rights and obligations of the foreign representative and the foreign creditor in cross-border insolvency matters. The foreign representative is the person or entity appointed to administer the reorganisation or liquidation of the insolvent debtor’s assets in a foreign proceeding. The inconsistency in cross-border insolvency regulations between South Africa and Australia has the consequence that there is no guarantee that a foreign creditor in one state will be treated the same as a foreign creditor in terms of the domestic laws of the other, as the Model Law aims to do. The situation would have been significantly less complicated had the South African Cross-Border Insolvency Act been in force at present and had Australia been designated as a state to which this Act would apply. In that case, the treatment of foreign representatives and foreign creditors would be of a reciprocal nature. This dissertation attempts, through an investigation of the South African and Australian domestic insolvency laws, to ascertain the position of the foreign representative and foreign creditors pre and post incorporation of the Model Law. Consequently this dissertation compares the legal positions of these parties in terms of South African and Australian national insolvency legislation. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014

South Africa has expressed its desire to be the gateway for investment into Africa. With its residence-based tax system which taxes the worldwide income of its tax residents, South African companies will be open to double taxation where the investee country claims jurisdiction to tax income generated from within its borders. In addition, other provisions in the South African tax legislation increase the possibility of double taxation by including the income of foreign subsidiaries. Two such examples are the definition of a tax resident, which includes foreign subsidiaries that are effectively managed by their holding companies in South Africa, and the anti-avoidance measures, such as the controlled foreign company provisions, which impute the income of a foreign subsidiary to the South African investment company. Many South African companies have chosen to route their investments in African countries through foreign subsidiaries. Besides having a more investor-friendly tax regime, these countries offer more favourable relief from double taxation, both unilaterally and by means of their network of tax treaties. South Africa has identified some of its shortcomings. It has introduced concessionary tax provisions for locally based headquarter companies that invest abroad. It recognises the high cost of doing business in Africa due to the fact that many African countries impose withholding taxes on several types of income even though they may not be from a local source. Therefore, South Africa is granting tax rebates for foreign withholding taxes paid on service fees charged to foreign entities despite the income being derived from a South African source. Both these measures reduce double taxation but, are they sufficient to encourage direct investment from South Africa into other African countries? This study seeks to evaluate the effectiveness of the South African double taxation relief provisions by using a case study of a South African company that has investments in several African countries. It compares the application of the double taxation relief provisions of South Africa, another African country and a non-African country to the case study. It analyses the outcomes and assesses the effectiveness of South Africa’s current legislation for unilateral tax relief and its tax treaties in minimising double taxation. Finally, it makes some recommendations on possible improvements to the legislation in order to achieve the stated goal of being the financial hub for investment into Africa AFRIKAANS : Suid Afrika het aangedui dat dit die poort vir belegging na Afrika wil wees. Die heffing van belasting op die wêreldwye inkomste van belastingpligtige inwoners stel Suid-Afrikaanse maatskappye egter bloot aan dubbelbelasting indien die land waarin beleggings gemaak word ook aanspraak maak op die reg om inkomste wat in daardie land verdien is, te belas. Sekere bepalings in die Suid-Afrikaanse belastingwetgewing stel belastingbetalers verder bloot aan dubbelbelasting indien die inkomste van buitelandse filiale ook by die inkomste van inwoners ingesluit moet word. Twee sulke voorbeelde sluit die definisie van belastingpligtige inwoner ingevolge waarvan buitelandse filiale wat effektiewelik deur hulle houermaatskappy in Suid-Afrika bestuur word en sekere teenvermydingsmaatstawwe, soos byvoorbeeld die beheerde buitelandse maatskappy bepalings ingevolge waarvan die inkomste van ʼn buitelandse filiaal aan ʼn Suid-Afrikaanse beleggingsmaatskappy toegeskryf word, in. Daar is heelwat Suid-Afrikaanse maatskappye wat verkies om hulle beleggings in Afrika deur middel van filiale wat in ander lande geregistreer is, te hou. Hierdie gekose lande het nie net gunstige belasting instellings bewinde nie maar bied ook meer voordelige verligting van dubbelbelasting, beide eensydig en deur middel van hulle netwerk van belastingooreenkomste, aan. Suid-Afrika het sy tekortkominge geidentifiseer. Voordelige belastingbepalings is geskep vir plaaslike hoofkantoor maatskappye wat beleggings in die buiteland hou. Erkenning is gegee aan die hoë koste om besigheid in Afrika te doen as gevolg van die feit dat menige Afrika-lande belasting op verskeie tipe inkomste weerhou selfs as die oorsprong van die inkomste nie vanuit daardie lande kom nie. Suid-Afrika is gewillig om belastingkortings vir die buitelandse belasting so weerhou toe te staan ten spyte daarvan dat die oorsprong van die inkomste in Suid-Afrika is. Beide die maatstawwe is gemik op tot die vermindering van dubbelbelasting, maar is dit voldoende om direkte beleggings vanaf Suid-Afrika in ander Afrika-lande aan te moedig? Die doelwit van hierdie studie is om te bepaal hoe effektief die Suid-Afrikaanse bepalings wat gemik is om dubbelbelasting te verhoed deur middel van ‘n gevallestudie van ʼn Suid-Afrikaanse maatskappy wat meervoudige beleggings in verskeie Afrika-lande het. Die studie vergelyk die toepassing van die vermindering van dubbelbelastingbepalings van Suid-Afrika, ʼn ander Afrika-land en ʼn nie-Afrika-land. Die resultate word geanaliseer en die effektiwiteit van die huidige wetgewing vir eensydige verligting van dubbelbelasting en die huidige belastingooreenkomste om dubbelbelasting te verminder, word beraam. Ten slotte, die studie beoog ook om aanbevelings wat dalk die wetgewing kan verbeter ten einde die gewensde doelwit om Suid Afrika die finansiële poort vir beleggings in Afrika te bereik, te maak. / Dissertation (MCom)--University of Pretoria, 2012. / Taxation / unrestricted

This research identified that e-commerce is growing annually and has a significant impact on the South African economy. When the Minister of Finance announced that VAT registration would become compulsory for foreign suppliers importing e-commerce transactions into South Africa, there were many speculations regarding the implication this will have for South Africa. The main objectives for the research are to determine whether the current VAT structure and VAT Act in South Africa will be able to support the proposal made by the Minister of Finance and what possible challenges should be considered regarding VAT on e-commerce transactions that were already identified by other countries. It will further be considered whether the proposal is in line with current international legislation and trends. Therefore, the development and implementation of VAT on e-commerce transactions in the European Union and New Zealand were researched and discussed to obtain an understanding of the similar current VAT systems in other parts of the world. It was identified during the research that there are still challenges experienced with the implementation of VAT on e-commerce transactions. The challenges range from the anonymity of the parties to the identification of the permanent establishment of the supplier, which are discussed in detail. These challenges can lead to tax evasion and the erosion of a country’s revenue base. The proposal by the Minister of Finance is found to be in line with other countries’ implementation of VAT on e-commerce transactions. Furthermore, South Africa’s current VAT system was analysed to ascertain whether it is sufficient to implement VAT on e-commerce transactions. Currently, SARS is dependent on the consumer’s honesty to declare the VAT on all e-commerce transactions. It was further identified that there are challenges relating to the implementation of VAT on ecommerce transactions as it is lacking place of supply rules, which often creates uncertainty about whether a product is subject to VAT. It was found in the study that the current VAT system would not be sufficient to support the proposal made by the Minister of Finance without an amendment to the VAT system to secure the income from the consumption tax on e-commerce transactions. It was further found that there are worldwide still challenges experienced with the implementation of VAT on e-commerce transactions. Recommendations were made for further research relating to the new Tax Bill that is due to be released in 2014 and the impact it will have on the South African economy. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014

This research identified that e-commerce is growing annually and has a significant impact on the South African economy. When the Minister of Finance announced that VAT registration would become compulsory for foreign suppliers importing e-commerce transactions into South Africa, there were many speculations regarding the implication this will have for South Africa. The main objectives for the research are to determine whether the current VAT structure and VAT Act in South Africa will be able to support the proposal made by the Minister of Finance and what possible challenges should be considered regarding VAT on e-commerce transactions that were already identified by other countries. It will further be considered whether the proposal is in line with current international legislation and trends. Therefore, the development and implementation of VAT on e-commerce transactions in the European Union and New Zealand were researched and discussed to obtain an understanding of the similar current VAT systems in other parts of the world. It was identified during the research that there are still challenges experienced with the implementation of VAT on e-commerce transactions. The challenges range from the anonymity of the parties to the identification of the permanent establishment of the supplier, which are discussed in detail. These challenges can lead to tax evasion and the erosion of a country’s revenue base. The proposal by the Minister of Finance is found to be in line with other countries’ implementation of VAT on e-commerce transactions. Furthermore, South Africa’s current VAT system was analysed to ascertain whether it is sufficient to implement VAT on e-commerce transactions. Currently, SARS is dependent on the consumer’s honesty to declare the VAT on all e-commerce transactions. It was further identified that there are challenges relating to the implementation of VAT on ecommerce transactions as it is lacking place of supply rules, which often creates uncertainty about whether a product is subject to VAT. It was found in the study that the current VAT system would not be sufficient to support the proposal made by the Minister of Finance without an amendment to the VAT system to secure the income from the consumption tax on e-commerce transactions. It was further found that there are worldwide still challenges experienced with the implementation of VAT on e-commerce transactions. Recommendations were made for further research relating to the new Tax Bill that is due to be released in 2014 and the impact it will have on the South African economy. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014