The approach of the judiciary to tax motivated transactions in South Africa and the United Kingdom

[摘要] AbstractIn his Budget Speech on 28 February 2005, Trevor Manuel expressed his concernregarding the application of section 103 of the Income Tax Act no 58 of 1962 by theCourts and suggested that a revamped section 103 may be necessary.The formulation of an adequate anti-avoidance section has also presented achallenge to Revenue authorities elsewhere in the world. This report takes an indepthlook at case law in the British courts to determine how the United Kingdom hasdealt with the issue of anti avoidance. Secondly, the report deals with the approachof the South African courts and discusses the requirements of section 103(1) of theAct by looking at case law pertinent to each requirement. Thirdly the reportinvestigates South African case law where the doctrine of substance over form hasbeen dealt with. Finally, the report briefly compares the approaches adopted by theBritish judiciary and the South African judiciary.

[发布机构] University of the Witwatersrand