*Electronic Theses and Dissertations (Masters)

Permanent URI for this collection

https://hdl.handle.net/10539/37781

Browse

Now showing 1 - 20 of 141

A comparative study and analysis of the amended foreign employment income exemption in South Africa
(University of the Witwatersrand, Johannesburg, 2023-01) Essop, Ahmed; Blumenthal, Roy
Tax exemptions are granted by the government for a multitude of reasons. These include providing some form of tax relief, alleviating specifically identified tax burdens, encouraging investment, promoting donations to approved public benefit organizations and avoiding the possibility of double taxation (Kransdorff, 2010, p. 79). One specific provision in section 10(1)(o)(ii) of the South African Income Tax Act of 1962, pertained to South African residents working abroad, namely the foreign employment income exemption. The intention of this exemption was to prevent residents from being double taxed (SARS, 2021a). Over the last few years, there has been a noted increase in the number of South Africans working abroad and this has been alluded to as being one of the reasons that government decided to review and amend the section 10(1)(o)(ii) foreign employment income exemption (Ryan, 2020). The impact of this amendment on South African residents working abroad will be analysed and investigated. A comparative analysis will be done on the tax payable of South African residents working in the following countries: the UK, the UAE and India
Substance over Form – Fraus Legis - Simulated Transactions Is there a gap in South African tax law in circumstances where parties conceal or disguise a transaction but still give effect to the agreements in accordance with the tenor of their terms?
(University of the Witwatersrand, Johannesburg, 2023) Hugo, Grant Anthony; De Koker, A.P
The above is equally applicable in the context of taxation. The purpose of this research has been to understand the juxtaposition between the intention of the contracting parties and their performance in the context of the tenor of the respective agreements. The adoption into South African law of the doctrine of substance over form and its relationship with the principles of fraus legis and simulated transactions was discussed through the development of cases dealing with transactions in fraudem legis and simulated transactions. The research was undertaken in an endeavour to ascertain if there is a gap in South African tax law in circumstances where the parties disguise or conceal a transaction, but still give effect to the agreements in accordance with the tenor of their terms. In conclusion, there is no gap. More is required than that the parties give effect to their agreements in accordance with their tenor, the parties must in fact mean that the agreements shall have effect in accordance with their tenor. The concealment or disguise is sufficient in and of itself to infer simulation and giving effect to the agreements in accordance with their tenor will not deem the result to be tantamount to giving effect to the real agreement between the parties, or to shield the parties from the operation of the common law. Our courts will not be deceived by the form of a transaction, and in the event of a determination of simulation, they will strip off its ostensible form and give effect to what the transaction really is.
Review of the tax challenges faced by the South African real estate investment trusts on the application of the tax laws and regulations
(University of the Witwatersrand, Johannesburg, 2023) Mabuza, Harrieth Mcondisi; Soni, Faeeza
The introduction of the Real Estate Investment Trust (REIT) regime in South Africa in 2013 has created a substantial world-class real estate industry which has contributed significantly to the country's economic growth and prosperity over the long term. The REIT regime replaced the Property Unit Trusts and the Property Loan Stock property investments, which were in existence before the REIT regime was enacted in 2013. The REIT regime came with special tax dispensation for the South African REITs,and as a result, the investors of a REIT are taxed on the income generated by a REIT instead of the REIT itself; the REIT operates as a conduit for income derived from the immovable properties. Although most aspects of the SA REIT laws and regulations and taxation were confirmed, a few unresolved matters still require attention regarding the taxation of South African REITs. The 2019 budget review documents indicated that amendments are still required to the South African REIT tax laws and regulations to iron out current inconsistencies and challenges identified in applying the REIT tax laws and regulations. Currently, many other REIT markets, especially in underdeveloped countries, are looking to change their REIT tax regime to make it more attractive to foreign investors and to compete in global REIT markets. The study investigated the current tax challenges faced by SA REITs on the application of the SA REIT tax laws and regulations and made recommendations for necessary amendments to ensure the attractiveness of the SA REIT regime. The study made use of the qualitative and interpretive approach through the examination of existing discussion papers, both locally and internationally, legislation, reports, guiding memoranda, journals, books, case laws, website documents, and other material to understand the taxation of REITs. Interpretation ii notes and current discussions are looked at to understand the challenges faced by REITs relating to the Income Tax Act, value-added tax, Tax Administration Act, and tax treaty issues relating to REITs. The study provided a detailed understanding of the key tax design elements that underpin the SA REIT industry by comparing the SA REIT regime to the United States and United Kingdom REIT regimes. The study identified challenges that expose the REIT to double taxation, challenges that are violating the REIT conduit principle; issues that threaten the REITs to failure in meeting the 75% income test, possible exposure to fines and penalties, and threats to the loss of the REIT status. Furthermore, we have identified administration issues that cause unnecessary delays in the REIT tax administration process and tax treaty issues that affect the taxation of REITs. Further, the study made suggestions for amendments that can be made to REIT tax laws and regulations to address each of the identified tax challenges affecting SA REITs.
An examination of the treatment of fees received by directors for South African tax purposes
(University of the Witwatersrand, Johannesburg, 2023) Letlabe, Obed
The study is about the way non-executive directors are treated for tax purpose by SARS and its reasoning regarding the VAT and PAYE liability of resident and non-resident non-executive directors. This research then evaluates both statutory and common law to determine whether non-executive directors can be treated as independent contractors. The report further evaluates whether the SARS reasoning is consistent with international conventions and treaties. The research suggests that it was never the legislature’s intention to treat services rendered by office holders as ‘enterprise’ liable for VAT
Taxation in agriculture: A comparative analysis between Australia, New Zealand and South Africa
(University of the Witwatersrand, Johannesburg, 2023) Ramabulana, Khathusthelo Godfrey; Padia, Misha
Agriculture is important to the economy and should reduce inequality by creating an environment that is susceptible to creating employment opportunities and ensuring food security (USAID). These factors are the reasons why countries have forgone the opportunity to maximise tax revenue and instead provide certain concession for farming operations. There is a view that though governments need to make investments in agriculture, these investments should not harm producers elsewhere. (OECD, 2019a) By integrating qualitative reviews and comparative synthesis, this study employed a comparative methodology. This study critically analyses the South Africa tax provisions in Agriculture with Australia, New Zealand and OECD guidelines The main findings of the study are that: • Tax concessions are common across countries and that the typology of taxes levied generally fall within a set category. (OECD, 2005) • South Africa provides slightly more concessions than Australia and New Zealand, however the impact of these concessions differ in accordance with the nature and objectives of the concession; • Tax incentives in the farming sector improve the income of farmers directly and are not necessarily focused on the consumers or improving access to food; and • That continued existence of certain concessions may be counterintuitive to economic growth and environmental sustainability goals
A Comparative Analysis of South Africa's Tax Penalty Regime in Relation to the United States of America and the Commonwealth of Australia
(University of the Witwatersrand, Johannesburg, 2023) Poyana, Luvuyo Sidewell; Viljoen, Michelle
Undoubtedly, tax compliance poses a significant challenge for all revenue collection authorities. Aspects such as self-assessment and electronic commerce further accentuate the importance of tax compliance. With self-assessment, the onus of calculating the appropriate tax liability and ensuring compliance with payment requirements rests on the taxpayer, rather than the revenue authority. While the Republic of South Africa has recently revised its penalty regime and enacted new legislation through the Tax Administration Act 28 of 2011, replacing the previous regime governed by Sections 75 and 76 of the Income Tax Act 58 of 1962, it remains imperative and pertinent to examine the operative penalty regime. Such an examination is essential to comprehend and confirm the extent and application of penalties in various circumstances. In order to ensure that the penalty regime of the Republic of South Africa is in accordance with internationally recognised best practices, this research report undertakes a comparative analysis with the United States of America and the Commonwealth of Australia. These jurisdictions possess extensive practical experience in the realm of tax administrative laws over an extended period. By drawing upon their insights, valuable lessons can be gleaned to enhance the effectiveness and alignment of South Africa's penalty regime. This research report aims to provide insights into the effectiveness of South Africa's penalty regime and identify potential areas for improvement by examining the similarities and differences in the implementation and administration of non-compliance and understatement penalties in the Republic of South Africa (RSA), the United States of America and the Commonwealth of Australia. By analysing the penalty regimes of these three countries, the research report identifies challenges or disputes that may arise with reference to previous litigations and provide policymakers and tax authorities with valuable information to improve the administration and implementation of penalties. The report suggests that, while the establishment of the new Tax Administration Act, No 28 of 2011, has demonstrated a standardised and systematic approach to non-compliance and understatement penalties, the subjective nature of the taxpayer’s behaviour is always going to result in non-compliance by some taxpayers. The comparison indicates that the South African penalty regime is relatively high in terms of understatement penalties and lower in terms of non-compliance penalties. However, the overall administrative penalties are broadly aligned with the Commonwealth of Australia and the United States of America.
Implications of environmental taxes due to climate change management in South Africa
(niversity of the Witwatersrand, Johannesburg, 2021) Kunene, Ntombizonke Nomfundo
Climate change has become topical over the years, and refers to patterns of changes in general weather conditions that result in higher average temperatures for the earth and its surface, known as global warming. This is attributable to the increased concentration of gases known as greenhouse gases (Department ofEnvironmental Affairs, 2011). The causes of climate change emanates from natural and human activities (NASA, 2019), human causes are the major contributors to climate change attributable to high industrialisation (Department of Environmental Affairs, 2011). Industrialisation requires the burning of fossil fuels that emit carbon dioxide, which affects the atmosphere (NASA, 2019). The greenhouse gases emitted far exceed capacity of the natural eco-system to reabsorb them, and the clearing of land or forest areas also affects this process (Department of Environmental Affairs, 2011). Policymakers recently gathered to put measures in place to address this predicament and to encourage ‘green energy’ or low-carbon technologies (Funke & Mattauch, 2018). This research study aims to assess the different measures implemented in order to reduce emissions
An analysis of the impact of the respective environmental, social and governance performances on firm value in South Africa
(University of the Witwatersrand, Johannesburg, 2023-03) Rewachanda, Saihil; Sebastian, Avani
Background: There is increasing pressure on South African firms to invest in sustainable initiatives. As a result, the impact of environmental, social and governance (ESG) performance on firm value has become a significant area for research. Notwithstanding the growing importance of ESG performance, the majority of prior research has focused largely on ESG disclosure. From an integrated thinking perspective, firms are required to consider their impact on each of the E, S and G aspects of sustainable value creation. However, prior research has concentrated on combined ESG ratings, rather than disaggregating the ratings to analyse the impact of the respective environmental, social and governance pillars on firm value. Purpose: The aim of this research report is to examine the relationship between firm value and respective environmental (E), social (S) and governance (G) performance ratings in South Africa. Method: The study utilises ESG performance ratings from rating agencies, FTSE and Bloomberg, as well as internal and external perspectives of firm value. Data was analysed using descriptive statistics and regression analysis over the five-year period from 2018 to 2022. Results: No relationship between E, S or G performance and firm value was statistically significant, irrespective of the measure of firm value used or the ESG rating used. Implications: The results indicate that investors might not incorporate E, S and G performance ratings in their investment decisions. From an internal firm perspective, the results indicate that management might not incorporate E, S and G performances in their value creation decisions. Significance: Due to the findings of the non-significant relationships between E, S and G performances and firm value, this study contributes to existing academic research as it foregrounds the need for further investigation into the value relevance of ESG performance ratings on firm value
The influence of fintech share trading and investment platforms on the participation of South African professionals in the South African equity capital market
(University of the Witwatersrand, Johannesburg, 2023) Ishwarlal, Saiyuri; Sebastian, Avani; Brahmbhatt, Yogesh
Background: The emergence of revolutionary financial technology as a result of the transition towards the Fourth Industrial Revolution, is transforming the financial services sector. Innovative financial technology, such as fintech share trading and investment platforms has the potential to increase access to the equity capital market, through enhanced user- experience, minimal trading costs and greater convenience. Purpose: The purpose of this study is to examine the influence of fintech share trading andinvestment platforms on the participation of South African professionals in the South African equity capital market. This study contributes to the emerging stream of fintech research, through examining the impact of fintech platforms on participation in the equity capital market. Method: A survey questionnaire was distributed electronically, and responses were received from professionals with various specialisations. The 199 usable responses were analysed using descriptive statistics and non-parametric tests. Findings: The findings of this study reflect a large percentage of professionals would not engage in the trading and investment of shares in the absence of fintech platforms. This suggests that fintech platforms are positively contributing towards the participation of South African professionals in the equity capital market. An individual’s age, level of education and number of years of investment experience show a statistically significant difference in respect of the dependency on fintech platforms for participation in share trading and investment. Data security and privacy concerns, a low level of trust in fintech platforms and lower levels of awareness of financial products and services are factors that inhibit the use of fintech platforms. Greater ease of use, affordability, efficiency and flexibility are elements that encourage the usage of fintech platforms
Evaluating the relationship between retail and technology companies’ share prices with earnings and net cash flow in the context of South Africa and America (USA)
(University of the Witwatersrand, Johannesburg, 2023) Tiquin, Cal; Brahmbhatt, Y.
Background: The informational value of accounting information is becoming increasingly important within the context of the modern information age. Research in this regard is lacking within the South African context, and within the technological sector. Purpose: The purpose of this research study is to test if the explanatory power of net earnings and cash flow differed for separate sectors of stock exchanges. Methodology: Four samples, representing the technology and retail sectors of both the JSE and the NYSE were collected and analysed in terms of an Ohlson (1995) model for a five year time period, from 2017 to 2021 (inclusive). Using a linear panel data regression model with secondary data, the explanatory power of both cash flow and earnings were compared between the different sectors. Findings: The results showed that the explanatory power of cash flow was greater than the explanatory power of net earnings on the NYSE for the technology sector, while the opposite was true for a traditional, retail sector. No significant regression results were attained for the JSE. Implications: The findings of this research provide valuable insight into the informational value of accounting information, and how it may differ between sectors. It may also assist regulatory bodies, Stock exchanges and investors in determining if different accounting information should be presented or prioritised for different sector
A post-implementation review of IFRS 15
(University of the Witwatersrand, Johannesburg, 2023) Govender, Brentin; van Zijl, Wayne
The purpose of this study is to explore the financial reporting implications of South Africa’s adoption of IFRS 15. This paper looks specifically at the usefulness of IFRS 15 in comparison with IAS 18, IAS 11 and its related interpretations from the perception of Chartered Accountants (SA) in South Africa. The research adopted a quantitative method using a survey. Primary data collected from 109 completed survey responses received from auditors, academics regulators, users of financial statements and preparers to evaluate whether IFRS 15 is more useful than the previous revenue standards. The findings suggest that the implementation of IFRS 15 has achieved the objectives set out by the IASB for issuing the new revenue standard. This has resulted in IFRS 15 providing more useful information than IAS 18 and IAS 11 as South African CA(SA)’s perceived IFRS 15 to improve the fundamental and enhancing qualitative characteristics of useful information. There are drawbacks to the implementation of IFRS 15 being high costs and the risk of incorrect application of IFRS 15. The findings also reveal that it is too complex to determine if IFRS 15 has reduced the opportunity for management bias or manipulation. This paper contributes to the accounting literature on the usefulness of new accounting standards from the perspective of Chartered Accountants (SA) in South Africa
Investigating the relationship between integrated reporting quality and its effect on risk of the top 100 JSE listed companies in South Africa
(University of the Witwatersrand, Johannesburg, 2023-12-13) Jhavary, Musnaa; Cerbone, Dannielle
This thesis investigates the relationship between the quality of an organization’s integrated report, as defined by the EY Integrated Reporting Awards, and the risk of the organisation. To achieve this the relationship between an entity’s financial ratios and the quality of the integrated report it produces are calculated and explored. A quantitative research approach is used and risk is proxied using debt and equity ratios collected from the IRESS database, as well as integrated reports found on the websites of the top 100 JSE-listed companies over five years from 2017 to 2021. A regression is performed using the Statistical Package for the Social Sciences (SPSS) software. The results suggest a significant relationship between the costs of debt and integrated reporting quality, when compared to the cost of equity and the weighted average cost of capital. In addition, other variables hold a stronger relationship with integrated reporting quality, such as the ability of a firm to produce a standalone CSR report, as well as the firm’s equity market-to-book ratio and a firm’s size
A comparative analysis and subsequent recommendations for improvement of the draft advance pricing agreement legislation in South Africa
(University of the Witwatersrand, Johannesburg, 2023-06) Carvalho, Monique Fernandes; Blumenthal, Roy
When dealing with multinational enterprises (MNEs) which are connected parties and located within in different jurisdictions, they must transact with each other and set prices at which they transfer goods or services1 between each other on an arm’s length basis (Ernst & Young (EY)(2021); United Nations (UN)(2021: 29)). According to the Organisation for Economic Co-operation and Development (OECD), the arm’s length principle (ALP) assists MNEs to identify the price at which a transaction would take place, had its members in fact been subject to market forces. In other words, the transfer price set for those transactions between unconnected persons should be used as a benchmark against which to appraise those transactions taking place between connected persons; any identified discrepancies may thereafter lead to a potential future adjustment which gives rise to transfer pricing disputes between taxpayers and the tax authorities. (South African Revenue Service (SARS) (1999: 8).) In order to minimise these transfer pricing disputes, the OECD emphasised the need for a more proactive, clear, effective discussion to take place between taxpayers and the tax authorities. The OECD has identified and communicated a proactive, upfront dispute resolution mechanism, known as advance pricing agreements (APAs). APAs are a tool that attempts to prevent disputes from arising through the proactive, upfront engagement betweenthe taxpayers and tax authorities. (Organisation for Economic Co-operation and Development (OECD)(2016: 7 – 8); OECD (2022 a: 213).) APAs are not yet governed under South African (SA) legislation; however, although the South African Revenue Service (SARS) has submitted draft legislation on APAs for public comment, nevertheless no further steps have yet been taken to date (SARS (2021)). One of the biggest challenges of APAs which far removes their practically is the period within which they take place until completion. Statistically, there is a limitation in the amount of data which is available when dealing with APAs as a topic in isolation. The author selected a number of OECD member countries from which she was able to retrieve a limited but relevant amount of data from reliable sources, which clarifies the average time period it takes to complete an APA from start to end. The author selected both the United States of America (USA) and United Kingdom (UK) for reasons which are set out below in this research report. This research report provides a comparative analysis of the draft APA legislation submitted by SARS in SA, in comparison with the APA legislation promulgated and followed in the USA and UK. Subsequently, suggested improvements to the draft APA legislation in SA by reference to the APA legislation followed both in the USA and UK are further provided.
The extent of biodiversity and species reporting by the top 75 companies listed on the london stock exchange (ISE)
(University of the Witwatersrand, Johannesburg, 2023) Lai, Timothy; Ecim, Dusan; Maroun, Warren
Corporate activities have significantly contributed to the accelerating decline of biological diversity on a global scale, having contributed to resource exploitation, industrialisation, land-use changes and deforestation in their associated operations. In recent years, the loss of habitats, ecosystems and threatened species has been brought to the attention of the public, mostly as a result of adverse events caused by these organisations in the conduct of their operations. The real impacts and consequences of biodiversity loss, has however, largely remained under-reported resulting in the need for organisations to adopt greater levels of corporate accountability and transparency within their biodiversity reports. This study analyses the primary reports (i.e., annual reports) of the top 75 companies listed on the London Stock Exchange (LSE) across a three-year period (2018 – 2020). These reports are studied in order to assess the quality and quantity of the biodiversity and species extinction disclosures, with thepurpose of identifying any trends and patterns across the three years. This research also assesses the possible determinants driving biodiversity disclosures. A mixed method approach is utilised. The content in the primary reports is analysed and evaluated to identify biodiversity-related disclosures and categorises them according to the themes outlined in a detailed disclosure checklist developed using the existing professional and academic literature. Secondly, the quantum and quality of the biodiversity and species extinction related disclosures included in these reports will be determined using a standardised scoring system. This paper finds that the biodiversity and species extinction disclosure among the LSE-listed companies has remained low in both quality and quantity. Although there is considerable improvement in the biodiversity disclosures year-on-year, the disclosures remain limited in substance, lacking sufficient detail over the biodiversity-related matters conveyed to key stakeholders. This research provides insight into the environmental reporting practices of UK-listed companies and aims to identify the trends, patterns and weaknesses found within biodiversity reporting. This study expands on the limited volume of literature within the environmental accounting field, to ultimately aid the transformation in corporate reporting practices
Evaluation of the extent of disclosure of the UN Sustainable Development Goals (SDGs) in integrated reports by 40 South African companies listed on the Johannesburg Stock Exchange (JSE)
(University of the Witwatersrand, Johannesburg, 2023) Manack, Ilhaam; Maroun, Warren; Lange, Yvette
In a world where resources are finite, sustainable development is of utmost importance to ensure the survival of the world as we know it. Many of the crises faced by the world such as poverty, a lack of clean water, deforestation and pollution can be reduced and, potentially, resolved through contributions from public and private organisations. In actual fact, many of these organisations contribute to the problems at hand as a result of a lack of regulatory guidance on sustainable development. This report provides insight into the integrated reports of 40 JSE-listed companies using the process of content analysis to ascertain each company’s contribution to sustainable development, through aligning its corporate practices with achieving the UN Sustainable Development Goals (SDG). No guideline currently exists for preparing SDG-related disclosures to be presented in integrated reports. As a result, a disclosure checklist was created for this purpose. It was found that SDG-related disclosures are predominantly vague and minimal, ifthey were given at all. Additionally, companies tend to provide more SDG-relateddisclosures over time. This research contributes to a small body of existing research in the field of SDG disclosures in integrated reports. This study is the first study to analyse the extent of SDG-related disclosures in South Africa
Initial insights into NPO reporting in a South African context
(University of the Witwatersrand, Johannesburg, 2023) Seedat, Aadil; Greenslade, Kayleigh
Non-profit organizations (NPOs) support societies' efforts to meet their social and environmental goals. Donations, subsidies, and grants are major sources of funding for these entities. Funders require useful financial information regarding the stewardship of their financial contributions. This research report provides insight into the current South African NPOs' financial reporting practices and what information South African NPOs deem useful to their users. Using content analysis over the financial statements and websites of 50 NPOs, South African NPO financial reporting practices were studied. The findings suggest that NPO financial reporting may have complexities. NPOs lack a profit motive in contrast to corporatecompanies, which may render current financial reporting standards largely irrelevant in the NPO space. There is a lack of guidance and knowledge regarding how NPOs should report their financial and social responsibility to their donors, beneficiaries, and other stakeholders, specifically in a South African context. The findings of the paper suggest that this lack of financial reporting guidance leads to the lack of standardisation of NPO financial statements. This study provides context on South African NPO financial reporting on which future research can be based
Renewable energy disclosure in South African listed companies’ corporate reports: An impression management analysis
(University of the Witwatersrand, Johannesburg, 2023) Schaller, Jessica; Varachia, Zakiyyah; Cerbone, Dannielle
The emphasis on renewable energy is especially relevant in a South African context. The poor electricity stability has resulted in many businesses incorporating renewable energy into their business model and subsequent disclosures. The disclosures provided by companies are intended to address stakeholders’ information needs regarding the sustainability of a company. The disclosure may, however, contain elements of impression management to reduce agency costs. The report investigates the informativeness of renewable energy disclosures, questioning whether companies adopt impression management strategies by manipulating the disclosures provided in their reports. A content analysis was performed on the disclosures by 60 listed companies. Analysis was performed using descriptive and multivariate statistical analysis to assess the extent of impression management depending on the type of industry, market capitalisation and corporate report used. It was found that companies engage in impression management when disclosing the transition. The findings support that there were mainly similarities noted across industries and market capitalisation in terms of the techniques used, with some differences in terms of the impression management methods used. There were, however, significant differences noted in the overall level of impression management within different industries, market capitalisations and corporate reports. This evidence has relevant implications for both accounting scholars and practitioners since it questions the role of voluntary disclosures and the intended purpose of the disclosures in different reporting media
Taxing e-commerce in South Africa – A critical look at South Africa’s income tax provisions in relation to international trends
(University of the Witwatersrand, Johannesburg, 2023) Takor, Ayuk Ndiep; Parbhoo, Misha
Global digitalisation continues to accelerate its impact on economies around the world, triggering changes which challenge the rules for taxing international business income. These challenges create opportunities for companies with activities in multiple jurisdictions to leverage on their technological capacities and capitalize on the absence of synergies between the tax systems of jurisdictions in which they operate, to optimise their tax burden, to the detriment of the markets in which their profits are generated. From a South African perspective, the growth and evolution of the digital economy therefore brings a primary concern to the forefront of the domestic fiscal agenda – how should digital activities be categorised for income tax purposes, and what are the elements necessary in order to build the appropriate taxing framework for these activities? A critical analysis of key international tax guidelines such as the OECD BEPS Action Plan, and a qualitative and comparative analysis of the approach adopted to the questions above by key jurisdictions such as the UK and Nigeria, shows that there are certain factors which have achieved global consensus on their key nature to taxing the digital economy, and are now international trends to note when defining the tax treatment of income from e-commerce. While South Africa’s current income tax laws are able to tax income earned by non-residents from sources within the Republic, the digitisation of business and increased sophistication of digital business models does not always allow for the apprehension or proper categorisation of this income for tax purposes. South African legislature needs to draw inspiration from theseinternational trends to build an appropriate framework for taxing income earned through the digital economy, while balancing a drive to generate fiscal revenue, with the need to stimulate domestic growth and attract foreign investment.
A critical analysis of the pillar one direct tax solutions for businesses in the digital economy
(University of the Witwatersrand, Johannesburg, 2023) Mthembu, Sibonelo
Business profit under the existing international tax system is taxed in the state of residence unless the entity has generated the said profit through a permanent establishment in another state. Traditionally, a business had to have a physical presence in the source state to be considered a permanent establishment. (European Parliament, 2019a, p. 17; World Bank, 2021, p. 26). The digitalisation of the economy allows multinational entities to do business with customers worldwide without having a physical presence in those customers' locations. (World Bank, 2021, p. 26), while the current international tax law is depended on the physical presence of the entity in a location, i.e., a permanent establishment (European Parliament, 2019a, p. 16; World Bank, 2021, p. 26). In the digital economy, the concept of a permanent establishment becomes irrelevant (Medus, 2017, p. 15). The OECD acknowledged that businesses with high levels of digitalisation could generate significant profits and engage in national economic life without having a sizable physical presence (OECD, 2015a, pp. 100-102). The European Parliament (2019a, p. 16) reported that due to these gaps in the current international tax system, digital businesses pay an average tax rate of 9%, while traditional businesses pay an average tax rate of 21%. In October 2020, the OECD published the blueprint with the recommendation to address the direct taxation of the digital economy, entitled ‘Tax challenges arising from Digitalisation – Report on Pillar One Blueprint’ (Pillar One). These recommendations will be effective in 2024 once the inclusive framework members have signed the Multilateral Convention (OECD, 2022a, p. 5). In addition to the Pillar One report, the OECD issued a progress report entitled ‘Progress Report on Amount A of Pillar One, Two-Pillar Solution to the Tax Challenges of the Digitalisation of the Economy’ (Progress Report) in July 2021. Lastly, to address the administrative challenges, the OECD, in October 2022, issued the draft administrationprinciples to be followed by the in-scope multinational entities on the report entitled ‘ProgressReport on the Administration and Tax Certainty Aspects of Pillar One’ (the Administration Report). Researchers and tax policymakers have researched the taxation of the digital economy or e-commerce. However, the focus of those studies was to analyse the tax challenges brought about by the digitalisation of the economy and propose solutions that can be adopted to 2 | P a g e address the direct tax challenges brought about by the digitalisation of the economy (European Parliament, 2019). This research report aims to analyse how digital businesses will be taxed using the recommended direct tax solutions from Pillar One. The OECD issued Pillar One to address the current international tax law gaps.
Understanding the attributes and characteristics of cryptocurrency ownership: A South African study
(University of the Witwatersrand, Johannesburg, 2023) Jetha, Hesita; Brahmbhatt, Yogesh
Background: This study investigates the attributes and characteristics of cryptocurrency investors in South Africa and the attributes of cryptocurrencies that drive investment or non-investment. Objectives: This study aims to explore the demographics and sociodemographic factors of cryptocurrency investors as well as the emotions and biases that impact investors’ decisions to invest in cryptocurrency in order to investigate the individuals who invest in cryptocurrency and the reasons why they invest in cryptocurrency. Methods: A sample of 298 South African residents aged 18 and above completed an online survey that assessed their cryptocurrency ownership, demographics, motives for investment, attitudes toward cryptocurrency, and other relevant variables. Descriptive statistics and logistic regression analyses were conducted to examine the relationship between these variables. Results: The results showed that cryptocurrency investors are more likely to be males, under the age of 35, who are currently employed and have higher income levels. The individuals’ main motives for investing in cryptocurrency were the opportunity to obtain high returns and the new technology that cryptocurrency encompasses. In addition, the results showed that attitudes toward cryptocurrencies significantly impact their decision to invest in cryptocurrency. Conclusion: These findings suggest that more information relating to the risks involved in cryptocurrency investment as well as the potential of cryptocurrency to be used as a medium of exchange is required among individuals to protect themselves against losses and simultaneously allow them to take advantage of the lucrative benefits that cryptocurrencies offer. Furthermore, policymakers, the government, and businesses require more information regarding cryptocurrencies in order to have the necessary policies in place and to stay competitive

Browse

Recent Submissions