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The Interrelationship Between A Tax Revolt And The Pay-Now-Argue-Later Principle

Tax revolts have existed since time immemorial and have been caused by many factors. The pay-now-argue-later principle, as used by South African Revenue Services is a provision in tax administration to compel a taxpayer to settle their tax debt despite their intention to challenge the assessment for instance in a tribunal. The interrelationship between a tax revolt and the pay-now-argue-later principle researches the history, development, and psychology of a tax revolt. It also looks at the pay-now-argue-later principle, the dynamics, its rationale, and constitutionality. Some of the questions considered are whether a challenge to the pay-now-argue-later principle amounts to a tax revolt and what is the impact of the pay-now-argue-later principle on the rights of a taxpayer, including the right to protest in section 17 of the Constitution. The study looks at whether South African Revenue Service can use the pay-now-argue-later principle in dealing with a tax revolt. There is dearth of legal literature and case law about a tax revolt in South Africa and the region while many studies exist on the pay-now-argue-later principle. This study endeavors to fill that gap. This is a desk-based research. In its conclusion, the research makes recommendations that could be adopted especially by the fiscus. / Mini Dissertation (LLM)--University of Pretoria, 2021. / Mercantile Law / LLM / Unrestricted

Identiferoai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:up/oai:repository.up.ac.za:2263/80995
Date January 2021
CreatorsMitole, Denis Pokani
ContributorsVan Zyl, Stephanus, u97197786@tuks.co.za
PublisherUniversity of Pretoria
Source SetsSouth African National ETD Portal
LanguageEnglish
Detected LanguageEnglish
TypeMini Dissertation
Rights© 2019 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.

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