Nyoka, Rejoice Nombulelo2024-06-112024-06-112023Nyoka, Rejoice Nombulelo. (2023). A critical analysis of section 45 of the income tax act 58 of 1962 [Master’s dissertation, University of the Witwatersrand, Johannesburg]. WireDSpace. https://hdl.handle.net/10539/38637https://hdl.handle.net/10539/38637A research report submitted to the Faculty of Commerce, Law and Management in fulfilment of the requirements for the degree of Master of Commerce in the field of Taxation, University of the Witwatersrand, Johannesburg, 2023The introduction of CGT in SA resulted in the birth of the corporate restructuring rollover tax relief to avoid tax on the transfer of assets within the same economic unit. Section 45 of the Act specifically provides a deferral tax rollover relief for the transfer of assets within the same group of companies. The built-in anti-avoidance rules in section 45 of the Act did not prevent taxpayers from abusing this tax rollover relief, instead it gave birth to innovative tax-free exit from investments and debt-push down schemes. Lawmakers mitigated the tax relief abuse by implementing burdensome rule-based anti-avoidance rules. This study aims to critically analyse the intended purpose of section 45 of the Act and how the rule-based anti-avoidance rules in section 45 of the Act unduly hamper the efficacy of this tax relief.en© 2023 University of the Witwatersrand, Johannesburg. All rights reserved. The copyright in this work vests in the University of the Witwatersrand, Johannesburg. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of University of the Witwatersrand, Johannesburg.Corporate rollover reliefIntra-group transactionsCapital gains tax (CGT)Corporate income taxSpecific anti-avoidanceGeneral anti-avoidance rules (GAAR)Tax residentGroup of companiesCorporate restructuringUCTDSDG-8: Decent work and economic growthDissertationUniversity of the Witwatersrand, Johannesburg