Artikel 9C van die inkomstebelastingwet met spesiale verwysing na aktiewe en passiewe inkomste

[摘要] ENGLISH ABSTRACT:In the Fifth Interim Report of the Katz Commission recommendations weremade on a number of fundamental tax issues, including the distinctionbetween the source and residence principle.The Commission decided that the source principle should remain but that adistinction between active and passive income should be made. Activeincome should then be taxed on the source principle and passive income onthe residence principle.With effect from 1 July 1997 exchange controls for South African residentswere softened, which meant that South Africans could thereafter invest inforeign countries to a limited extent. To protect the South African tax base,sections 9C and 90 were incorporated in the Income Tax Act with effect from1 July 1997. Section 9C regulates the taxation of investment income earnedin foreign countries.The main purpose of this study was to investigate the taxation of foreigninvestment income in South Africa. For this purpose a critical analysis ofsection 9C was done within the context of the recommendations made by theKatz Commission in their Fifth Report. The focus of the study was aimed atthe requirements for the exclusion of so-called active investment incomeaccording to section 9C(3)(a).In the analysis of section 9C it was necessary to determine where the termsused in the section were derived from. The terms which are not new in theSouth African tax context were analysed based on the opinions of taxspecialists and national case law. The terms which are new in the SouthAfrican tax context were mostly derived from international models of taxconventions and foreign tax codes. These were analysed according to theuse thereof mainly in the Model Tax Convention on Income and on capital ofthe Organisation for Economic Co-operation and Development and theCommentaries thereon.The critical analysis of section 9C also included the applicability of the sectionon other sections in the Income Tax Act, a brief commentary on section 90and the relief provided to taxpayers where the section leads to doubletaxation. The ability of the South African Revenue Service to collect the tax,the effect of the tax on immigrants and the effect of the electronic future on thetax were also investigated.The conclusion arrived at in this study is that most of the terms in section 9Care based on internationally used terms and could be analysed according tointernational tax conventions and case law. The South African RevenueService will have to provide guidelines for the uncertainties and providemeasures to rectify the irregularities and inconsistencies found in the section.In the light of further examinations to be done by the South African RevenueService, based on the recommendations of the Katz Commission in their FifthReport, section 9C provides a set of internationally accepted principles as asolid base for future regulation.

[发布机构] Stellenbosch University