Kritiese evaluering van geselekteeerde aspekte in die uitspraak van Kommissaris: Suid-Afrikaanse Inkomstediens V Brummeria Renaissance (EDMS) BPK (2007) SCA 99 (RSA)

[摘要] ENGLISH ABSTRACT: The primary aim of this study is to provide a critical evaluation of the correctness of the judgment of the Supreme Court of Appeal in the case of Commissioner: South African Revenue Services v Brummeria Renaissance (Pty) Ltd [2007] SCA 99 (RSA).The primary question investigated in this study, is whether the court had indeed decided correctly when it concluded that:'…the right to retain and use the borrowed funds without paying interest had a money value, and accordingly that the value of such a right must be included in the companies‟ gross income for the years in which such rights accrued to the companies.The question will be investigated by:i. evaluating the relevance of the doctrine plus valet quod agitur quod quam simulate concipitur (the 'plus valet-doctrine) and the in fraudem legis-doctrine, in relation to the facts of the Brummeria-case;ii. consideration of certain basic principles regarding „rights‟ (real rights, corporeal rights as well as rights of recovery and performances), „property‟, interpretation of contracts as it manifests in South African Law, and the common law principles regarding mutuum and considering the relevance thereof in the Brummeria-case;iii. considering the principles of pactum antichreseos and the relevance thereof to the facts of the Brummeria-case;iv. considering further legal tax technical aspects with a view to consider whether the 'accruals of the Brummeria-case have indeed constituted an „amount‟ for purposes of the „gross income‟-definition in section 1 of the Act; andv. considering the exact moment (or year of assessment) when an amount (based on the assumption that an „amount‟ has accrued to the taxpayer) had to be included in the taxpayer‟s gross income.The relevance of United States tax rules (regarding the income tax implications of interest-free loans) on interest-free loans in Life Rights Agreements will also be considered.

[发布机构] Stellenbosch University