Faculty of Commerce, Law and Management (ETDs)
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Item An appraisal of a direct wealth tax as a mechanism to reduce financial inequality(University of the Witwatersrand, Johannesburg, 2023) Mashishi, Lerato; Nkhi, NalediWith the COVID-19 pandemic leading to increasing questions around wealth inequality, the role that tax reform has in addressing inequality has been a key question. With the slogan “tax the rich” increasing in popularity internationally, wealth tax proposals have been made in developed and developing countries. This study examines the approaches to wealth taxes in different countries that form part of the Organisation for Economic Co-operation and Development (OECD) in order to understand an appropriate wealth tax design. This research aims to analyse the history of tax reform in South Africa by examining the recommendations of the Katz and Davis committees relating to wealth taxes. This report includes an examination of how wealth tax revenues can be used to reduce inequality by analysing the public spending landscape in order to determine whether wealth tax revenues would be appropriately used. The research finds that the adequate design of a wealth tax is theoretically possible, however South Africa has flaws in public spending that need to be corrected prior to increasing the tax burden of taxpayersItem Weaknesses in the legislation for tax avoidance and tax evasion in South Africa and suggested improvements(University of the Witwatersrand, Johannesburg, 2021) Naidoo, Katelynne Ann‘Tax avoidance and tax evasion threaten government revenues’ (OECD n.d.). As the globalization of domestic and international trade continually increases, tax evasion remains a hurdle for governments around the globe (OECD 2017a:9). Governments rely on tax collections primarily to finance economic expenditure; however, governments face a huge loss of revenue through tax evasion at different levels (OECD 2014:91). It is submitted that stringent tax collections are imperative for South Africa as a developing country. An examination of the difference between tax avoidance and tax evasion will be performed given that the difference is often perceived to be faint (Davidov 2016:1). The main aim of the study is to examine the weaknesses in the legislation for tax avoidance and tax evasion in SA and suggest improvements. An analysis of the role of the government, the Organisation for Economic Co-operation and Development (OECD), and other countries towards adopting a holistic approach to designing policies to prevent tax avoidance and tax evasion will be performed. Tax avoidance, harmful practices and aggressive tax planning must be tackled (African Tax Administration, African Union and OECD 2021:18).Item Assessment of administrative burden on South African Controlled foreign company rules relative to the imputation(University of the Witwatersrand, Johannesburg, 2022) Matlou, Tracy; Blumenthal, RoySouth African multinational enterprises must comply with the controlled foreign company (CFC) rules in section 9D of the Income Tax Act 58 of 1962 (the Act). The provisions of section 9D of the Act are collectively referred to in this document as CFC rules. The CFC rules are anti-avoidance provisions that discourage South African multinational enterprises from shifting income to foreign companies under their control. This study examines the administrative burden placed on South African multinational enterprises (MNEs) to comply with section 9D of the Act and assesses this administrative burden for reasonableness when compared to the amounts eventually imputed. The study investigates whether South African CFC (SA CFC) rules, which are complex, carry a significant administrative burden on South African MNEs. SA CFC rules are confusing and often are misunderstood by the South African multinational enterprises. This study compares SA CFC rules to the Organisation for Economic Co-operation and Development (OECD), Base erosion and profit shifting (BEPS) action 3’s recommendations for effective CFC ruleItem The taxation of interest in South Africa(© University of the Witswatersrand, Johannesburg, 2023-05) Mhlafu, MthethoThis research report comprehensively explores the tax treatment of interest in South Africa, assessing its nuances and complexities from multiple perspectives. The study begins by defining interest within various contexts, then examines interest as a tax-deductible expenditure under South African law, supported by key court cases. The investigation extends to the practical implications of interest taxation, focusing on the nature and purpose of the loan and its relation to income production. Furthermore, the report delves into the insights from classical economists and their relevance to contemporary tax laws, specifically critiquing the South African Supreme Court of Appeal's decision in the Brummeria case. The report concludes with an exploration of international tax standards regarding interest, emphasizing the need for harmonious interplay between domestic tax laws and international tax treatiesItem Analysis of tax relief measures as a result of the covid-19 pandemic in south africa, compared with the tax measures of other members of the brics group(University of the Witswatersrand, Johannesburg, 2023) Selemela, Elsie; Ram, Asheer J.The purpose of this report is to analyse tax relief measures that were taken as a result of the COVID-19 outbreak in South Africa, evaluate the approach taken and compare it with other countries in the BRICS international organisation. The COVID-19 pandemic caused numerous company closures and employment losses (IMF, 2020). Governments worldwide had to intervene to support their citizens and keep businesses afloat (IMF, 2020). In order to maintain widespread access to essential goods and services, taxation is crucial (IMF, 2020). The dire effect on economic activities around the world influenced tax laws (IMF, 2020). It fell to tax administrators to ease the tax burden on taxpayers as they were facing hardships (OECD [Organisation for Economic Co operations and Development], 2020). The International Monetary Fund (IMF) states that the design of tax systems can help stabilise economies when faced with crisis (IMF, 2020). The South African government implemented tax relief measures because of COVID-19, although taxpayers are still experiencing the detrimental effects of COVID-19. It is the government’s wish to offer additional help to businesses and individuals who are still facing these hardships and also assist in rebuilding businesses (SARS, 2021). This report will look at tax measures that were taken by South Africa in comparison to those that were taken by Brazil, Russia, India and China to determine the usefulness of these measures in dealing with the effects of COVID-19 on taxes. Some measures were introduced for a short time and therefore are no longer applicable, but it is important to consider them in this report because they might have long-term effects on taxes. The findings of this analysis indicate which measures were used, when they were implemented, and how taxes in the BRICS countries changed while adjusting to COVID-19. It was found that tax policies put in place in South Africa were unjustified since they decreased tax collection without any measures in place to boost it (IMF, 2020). Examining what other BRICS nations were doing to increase tax collection during the COVID-19 outbreak can help identify areas for improvement.Item A comparison of the United Kingdom’s Digital Services Tax regime and the OECD Two-pillar approach: Is this unilateral measure hindering the implementation of the Pillar Two model?(© University of the Witswatersrand, Johannesburg, 2023-05) Nong, Thato; Padia, MishaBase Erosion and Profit Shifting (BEPS) has become the focal point for Multinational Enterprises (MNEs) with the aim of maximising their profits and minimising or totally avoiding their tax payable to a jurisdiction. The goal of this study is to highlight the tax concerns that have arisen as a result of digitisation, which have exacerbated the erosion of the tax base and profit shifting in the United Kingdom from the standpoint of Corporate Income Taxes (CIT). It will examine the Digital Services Tax in further depth, contrast it to the OECD Pillar Two, and provide a proposal on whether the DST impedes a global solution. BEPS has left several governments concerned about their revenue collection regulations, especially as the world commerce economy becomes more computerised. The research methodology used for this study is qualitative and interpretive of the UK's Digital Services Tax Act and the OECD Two- Pillar model. The introduction of the Digital Services Tax in the United Kingdom to tax in- scope earnings is an appropriate interim solution; nonetheless, multinational corporations face the possibility of being double-taxed, with no easily available redress, thus not aligning with global best practices as explained in the study. In order to combat BEPS, the Organisation for Economic Cooperation and Development (OECD), in collaboration with the Group of Twenty (G20) forum and other developing countries, established a two-pillar approach, which, before implementation, will require the rejection of all unilateral measures such as DSTs. This study supports the worldwide proposal that unilateral actions adopted by jurisdictions such as the UK to safeguard their tax base must be opposed in the context of direct taxeSItem Trusts in hybrid mismatch arrangements: does the OECD BEPS action plan adequately address the unique attributes of trusts?(2022) de Koker, Lori AdiellaThis paper assesses whether the Organization for Economic Co-operation and Development (OECD) has effectively neutralised trust-based hybrid mismatch arrangements with the recommendations incorporated in Action 2 of the Base Erosion and Profit Shifting (BEPS) Action Plan. The OECD employed a consequentialist approach to hybrid mismatch arrangements, focusing on mending the outcomes of mismatch transactions as opposed to the source of the mismatches. Since trusts comprise several distinctive attributes, such as conflicts of attribution, which may result in mismatches, the OECD encountered difficulties in addressing trust-based mismatched systematically through the consequentialist approach. Slow convergence from the international community represents a further threat to the success of the OECD initiative. This paper will explore the adoption of the Action 2 recommendations concerning trustbased mismatches within the international community, placing a focus on South Africa. Possible alternatives to address hybrid mismatch arrangements will also be assessed.Item A comparative analysis of income tax provisions applied to cross border secondment arrangements in South Africa and the UK(2022) Sibeko, ThulileThe world has in recent years become increasingly interconnected as a result of massively increased trade and cultural exchange, and cross-border mobilisation is more frequently discussed in many companies. Most multi-national companies have a global mobility policy in place, which sets out the parameters for cross-border employment. As the internationalisation of South African business activity sped up enormously over the last half century, cross border employment will be one of the priorities for South African multinational companies as well as the South African Revenue Service (‘SARS’). (Mohan, 2016.) The purpose of this report is to examine and compare the legislative, administrative and judicial approaches to cross border employment in South Africa and contrast this with those adopted and endorsed by the United Kingdom. This report will also analyse the implications of an entity creating a permanent establishment through secondment contracts and also tax implications for the employees. The report will provide a comprehensive analysis of the income tax provisions applicable to the residency and non-residency of both the entity and the individual, thus analysing the definition of a resident in s 1 of the Income Tax Act 58 of 1962 in South Africa and UK section 1A(4) of the Finance Act of 2019 in the United Kingdom. The United Kingdom has been rated one of the top countries where South Africans would like to work and to which South Africans would like to emigrate (BusinessTech, 2020). The United Kingdom is also one of South Africa’s main trade partners (IOL Business, 2020). South Africa has a double tax agreement with the United Kingdom. South Africa and the United Kingdom are on a progressive tax system. (SARS 2021) (Brady, 2019)Item A critical analysis into the Organisation for Economic Co-operation and Development ‘Standard for Automatic Exchange of Financial Account Information in Tax Matters’(2017) Mohanlal, DhaneshThe impact of the Organisation for Economic Co-operation and Development’s Standard on Automatic Exchange of Financial Account Information in Tax Matters has a significant impact on Financial Institutions globally. This paper aims to critically evaluate the current South African legislation and the obligations it places on financial institutions. The research also highlights the challenges faced by a financial institutions in interpreting and implementing the often complex requirements of the regulations with a particular focus on the following areas namely customer on-boarding and enhanced due diligence procedures, monitoring of accounts, remediation of the existing customer base, system development, and reporting to the South African Revenue Service. The research also looks into the readiness of developing countries in implementing the Automatic Exchange of Information. The research concludes with a discussion into the appropriateness of South Africa’s decision to agree to be one of the early adopters of this legislation despite the challenges identified above. Key Words: OECD, Standard on Automatic Exchange of Financial Account Information for Tax purposes, Common Reporting Standard, Financial Institutions.