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.

Thesis (Ph.D.)--Boston University / PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis or dissertation. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you. / The purpose of this work is to examine the basic characteristics of the federal corporate income tax and to ascertain the importance of legislative proposals aimed at alleviating inequities and problems caused by the tax. This study is focused on the period 1954 to 1964 and subjects to economic analysis the proposed legislative amendments to the federal corporate income tax law. The several advocates of corporate tax reform concentrated their efforts on (1) Proposals to provide relief to small and new business, including measures to regulate corporate size and activities, and to modify the rate structure in order to eliminate or reduce various tax-induced inequities; (2) Proposals to reduce the disparity of tax treatment between competing enterprises and the use of tax incentives to encourage and direct United States investment abroad; (3) Proposals to encourage modernization and expansion of the nation's productive facilities and to increase the competitiveness of the United States in world markets; (4) Proposals for tax reduction and reform to achieve a higher rate of economic growth and full employment in relation to government fiscal policy. The most important findings of this study regarding the merits of the corporate tax in aiding either small business or curbing big business relate to its effect on investment, savings and consumption. It is shown in this study that authoritative opinion is divided on the proper techniques to be utilized and the answers to be obtained. To the extent that the tax is not shifted it tends to curtail business growth. If the tax is shifted, it is held to be regressive and opposed to sound tax principles. To the extent corporations can shift the tax, its effectiveness as a curb on monopoly is reduced. It is the conclusion of this study that none of the bills analyzed can adequately perform the regulatory functions advocated by their proponents. The taxation of competing enterprises relates particularly to the case of taxing cooperatives. The tax advantage enjoyed by cooperatives stems from the Corporation Tax Statute of 1909 which exempted them from taxation. The various proposals to tax cooperatives studied in this work would produce a marked improvement in tax equality but they would not end tax inequality completely. During the 1950's, the taxation of income from foreign sources became a controversial subject in the United States. Various bills exempting foreign-source income or lowering the applicable rate were introduced, but all were defeated. One of the more significant bills was introduced in 1959 by Congressman Hale Boggs. He wished to stimulate foreign investment by United States corporations and to eliminate the use of "tax haven" companies. Although the importance of the Boggs bill was recognized, the Revenue Act of 1962 failed to achieve the objectives of that bill. In 1961, the investment tax credit was proposed as a device to encourage expansion and modernization of the productive facilities of the United States. The economic effect of the credit device has had some measure of success in other countries and up to now seems to have had a degree of success also in the United States. With the growing recognition of the indictments against the corporation income tax, the use of indirect taxation should receive more attention as an available alternative. / 2031-01-01

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

La investigación desarrolla un análisis jurídico tributario sobre las operaciones realizadas en criptomonedas en el Perú, puesto que, hasta la actualidad no existen disposiciones legales que regulen este tipo de operaciones. Sin embargo, el proponer su tratamiento jurídico, parte del estudio de las diferentes definiciones que se le atribuyen a las criptomonedas ya sea como activos, divisas o bien mueble; para luego, analizar el tratamiento tributario establecido por países como: España, Colombia, Japón, y Alemania. Finalmente, como resultado de la investigación, poder establecer los criterios para señalar que las criptomonedas, bajo las disposiciones legales peruanas, no responden a la naturaleza jurídica de un activo ni de una divisa, si no de un bien mueble; y con ello proponer el nacimiento de la obligación tributaria sobre el impuesto a la renta, así como del impuesto general a las ventas, en las operaciones realizadas en criptomonedas. Se opta, además por proponer la aplicación un impuesto específico a este tipo de operaciones, teniendo como referencia el impuesto directo que se le aplica a los Casinos y Máquinas Tragamonedas. / The research develops a legal tax analysis on operations carried out in cryptocurrencies in Peru, since, to date, there are no legal provisions that regulate this type of operations. However, proposing their legal treatment begins with the study of the different definitions attributed to cryptocurrencies, whether as assets, currencies or personal property; and then analyze the tax treatment established by countries such as Spain, Colombia, Japan, and Germany. Finally, as a result of the investigation, we were able to establish the criteria to point out that cryptocurrencies, under Peruvian legal provisions, do not respond to the legal nature of an asset or a currency, but rather a movable property; and with this propose the birth of the tax obligation on income tax, as well as the general sales tax, on operations carried out in cryptocurrencies. It is also chosen to propose the application of a specific tax to this type of operations, taking as reference the direct tax that is applied to Casinos and Slot Machines.

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.