scholarly journals A critical analysis of the meaning of the term ‘income’ in Sections 7(2) to 7(8) of the Income Tax Act No. 58 of 1962

2017 ◽  
Vol 20 (1) ◽  
Author(s):  
Danielle Van Wyk ◽  
Mareli Dippenaar
Keyword(s):  
South African ◽  
Income Tax ◽  
Historical Analysis ◽  
Tax Avoidance ◽  
Research Approach ◽  
Intended Meaning ◽  
Taxable Income ◽  
African Context ◽  
Actual Meaning ◽  
Gross Income

Background: Section 7 of the Income Tax Act 58 of 1962 (the Act) was introduced as an anti-avoidance measure to prevent tax avoidance by means of a donation, settlement or other disposition in various types of schemes. In terms of this section, in certain circumstances, ‘income’ is deemed to be income received by or accrued to a taxpayer. Despite the fact that the term ‘income’ has been used in Section 7 from the time that it was first introduced into the Act and the fact that it is defined in section 1 of the Act, there still remains uncertainty regarding the intention of the legislature and the actual meaning of the term in terms of Section 7.Aim: The objective of the study is to understand whether the term ‘income’, as used in Sections 7(2) to 7(8) of the Act, is used in its defined sense or if it should be ascribed a different meaning.Setting: This article examines existing literature in a South African income tax environment.Method: A non-empirical study of existing literature was conducted by performing a historical analysis within a South African context. A doctrinal research approach was followed.Results: Possible interpretations determined include ‘income’ as defined in section 1 of the Act, namely ‘gross income’ (also defined) less exempt income, ‘gross income’, profits and gains or ‘taxable income’ (i.e. ‘income’ less allowable expenditure, deductions and losses) and ‘gross income’ less related deductible expenses and losses.Conclusion: It was found that the meaning of ‘income’, for purposes of Sections 7(2) to 7(8), remains an uncertainty, and it is recommended that the wording of Section 7 be amended to reflect the intended meaning thereof.

scholarly journals A critical analysis of the meaning of the term ‘value’ in Section 30(6)(e) of the Companies Act

2018 ◽  
Vol 21 (1) ◽  
Author(s):  
Mareli Dippenaar
Keyword(s):  
South African ◽  
Financial Reporting ◽  
Intrinsic Value ◽  
Historical Analysis ◽  
Fair Value ◽  
Research Approach ◽  
Reporting Standard ◽  
International Financial Reporting Standard ◽  
Intended Meaning ◽  
African Context

Background: Sections 30(4) and 30(5) of the Companies Act 71 of 2008 (the Act) require, inter alia, disclosure of the remuneration received by each director in a company’s annual financial statements. Section 30(6) defines the term ‘remuneration’, which includes, inter alia, in Section 30(6)(e) the ‘value’ of any option or right granted to a director, as contemplated in Section 42, which deals with options for the allotment or subscription of securities or shares of a company. It is uncertain what the intended meaning of the term ‘value’ is in this context and it is interpreted differently by different companies in practice. Aim: The objective of this study was to understand the meaning of the term ‘value’ in Section 30(6)(e) of the Act (including the date of measurement thereof), as intended by the legislature. Setting: This article examined existing literature in a South African corporate and legislative environment. Method: A non-empirical study of existing literature was conducted by performing a historical analysis within a South African context. A doctrinal research approach was followed. Results: Possible interpretations of the term ‘value’ include the grant date fair value of the rights, the fair value at reporting date, the fair value on vesting date, the expense calculated in terms of the International Financial Reporting Standard on share-based payments, the gain on exercise of the rights and the intrinsic value on reporting date. It is submitted that the most likely meaning is the grant date fair value. Conclusion: It was found that the meaning of the term ‘value’, for purposes of Section 30(6)(e) of the Act, is unclear and interpreted differently by different companies. It is, therefore, recommended that the wording of Section 30(6)(e) is amended to reflect the meaning intended by the legislature.

scholarly journals Inkomstebelastinghantering van korting ontvang in die hande van 'n nie-handeldrywende persoon

2014 ◽  
Vol 7 (1) ◽  
pp. 213-230
Author(s):  
Sophia Brink
Keyword(s):  
South African ◽  
Income Tax ◽  
Case Law ◽  
Related Case ◽  
Taxable Income ◽  
Natural Person ◽  
Local Literature ◽  
Gross Income

For income tax purposes, a taxpayer operating a business will account for discount received differently from a taxpayer not operating a business. When a taxpayer operating a business obtains goods or services at a discount, the taxpayer can claim a section 11(a) deduction at the value of the goods or services, net of the discount received. The discount reduces the value of the net reduction of taxable income and the taxpayer is effectively taxed on the discount received. A taxpayer who is not operating a business will not qualify for a section 11(a) deduction (read together with section 23(g)) for goods or services obtained (it does not meet the requirements ‘for the purposes of trade’ and ‘in the production of income’). Discount received in the hands of a non-trading person (often a natural person) is currently not subject to normal South African income tax. The main objective of this article is to investigate whether the existing provisions in the Income Tax Act No. 58 of 1962 and related case law provide a basis for taxing discount received in the hands of the non-trading individual. In order to meet this objective, local literature was analysed to determine the correct income tax treatment and it was found that discount received by a non-trading person meets all the requirements of the ‘gross income’ definition and consequently should be taxable.

scholarly journals Management Of Accrual Components In Response To Corporate Income Tax Rate Changes: Evidence From Korea

2013 ◽  
Vol 29 (5) ◽  
pp. 1421 ◽  
Author(s):  
Won-Wook Choi ◽  
Hyun-Ah Lee
Keyword(s):  
Financial Reporting ◽  
Income Tax ◽  
Tax Avoidance ◽  
Corporate Income Tax ◽  
Tax Rate ◽  
Taxable Income ◽  
Accruals Management ◽  
Accrual Management ◽  
Aggressive Tax Avoidance ◽  
Statutory Tax Rate

Changes in the statutory corporate income tax rate provide firms with an opportunity to reduce their tax burden by shifting their taxable income from higher to lower tax rate years. One negative consequence of shifting taxable income across years is higher variation in book income for financial reporting purposes. Taxable income and book income are closely related in most countries, and, in general, reporting volatile book income across years is not a favorable signal to investors. This study investigates how firms shift taxable income and concurrently mitigate book income fluctuation by managing accrual components separately when the statutory income tax rate changes. Unlike prior studies, we decompose discretionary accruals into two components and examine distinctive patterns of accrual management in Korea, where book-tax conformity is high and aggressive tax avoidance is restricted. We find that firms manage book-tax accruals for taxable income shifting and manage book-only accruals to mitigate book income fluctuation. Furthermore, we find the extent of book-tax and book-only accruals management varies depending on the firms tax and financial reporting costs. The results of this study provide clear and compelling evidence of firms opportunistic accrual management behavior in response to statutory tax rate reduction.

Enhancing Learners' Personal Resources through Narrative: Embracing Diversity

2002 ◽  
Vol 32 (4) ◽  
pp. 22-32 ◽  
Author(s):  
Val Rapmund ◽  
Cora Moore
Keyword(s):  
South African ◽  
Narrative Analysis ◽  
Personal Resources ◽  
Research Approach ◽  
Personal Problems ◽  
Learner Support ◽  
African Context ◽  
Strengths Approach ◽  
The Impact

A shift is proposed from the traditional ‘deficit approach’ towards a ‘strengths approach’ in learner support in the South African context. The Student Self-Empowerment and Enrichment Programme serves as an example of a strengths approach in which diversity is embraced, and where facilitators and students are engaged in the process of making new meaning in conversation with one another. The narrative research approach is followed and narrative analysis is the method adopted for the interpretations. The following themes were identified as important in enhancing learners' personal resources: Benefiting from the sharing of information and experiences; The role of different backgrounds in seeking connection; The facilitator-participant relationship; Responsibilities; Communication skills; Change; Personal problems; Strengths reflected in the narratives. The results bear evidence of the impact of the programme, and the benefit of replacing traditional methods of teaching with more egalitarian and participatory methods. Embracing diversity benefits facilitators and learners alike, and contributes to the richness of life stories and the ability to function in new ways.

Authentic leadership’s influence on ambidexterity with mediators in the South African context

2019 ◽  
Vol 31 (3) ◽  
pp. 352-378 ◽  
Author(s):  
Caren Brenda Scheepers ◽  
Christiaan Philippus Storm
Keyword(s):  
South African ◽  
Indirect Effect ◽  
Authentic Leadership ◽  
Research Approach ◽  
South African Context ◽  
The South ◽  
Content Type ◽  
African Context ◽  
Innovation Climate ◽  
Positive Direct

Purpose The purpose of this paper is to investigate the influence of a positive form of leadership, particularly authentic leadership, on ambidexterity, as ambidexterity has shown to improve financial performance. What is less clear, however, is how to create the organisational context towards ambidexterity or balanced exploitative and explorative innovation. This study set out to fill that gap in researching the direct influence of authentic leadership as well as indirect effect through innovation climate on ambidexterity. Design/methodology/approach A quantitative research approach was followed, with an online survey to employees in South African organisations. There were 733 useable questionnaires. Structural equation modelling was used to test proposed hypotheses of direct, indirect and moderation effects. Findings The results revealed that authentic leadership has a significant and positive direct effect on ambidexterity and a significant indirect effect through an innovation climate. Environmental dynamism lessened the regression weight of the relationship between authentic leadership and ambidexterity. Research limitations/implications The data collected were cross-sectional and respondents were South African employees; therefore, caution should be exercised when generalising the results to other organisations in a broader African context. Practical implications Understanding that both authentic leadership and innovation climate are required to significantly influence ambidexterity allows organisations to direct their leadership selection and development. Originality/value The main contribution of this research lies in clarifying the influence of authentic leadership on ambidexterity in the South African context.

scholarly journals Social Security Benefits Taxation: Issues And Present Status

2012 ◽  
Vol 10 (12) ◽  
pp. 659
Author(s):  
Ralph B. Fritzsch ◽  
Neal R. VanZante ◽  
Catherine Gaharan
Keyword(s):  
Social Security ◽  
Income Tax ◽  
Tax Law ◽  
Font Size ◽  
Tax Rate ◽  
Taxable Income ◽  
Current State ◽  
Federal Income Tax ◽  
Gross Income ◽  
Social Security Benefits

<span style="font-family: Times New Roman; font-size: small;"> </span><p style="margin: 0in 0.5in 0pt; text-align: justify; mso-pagination: none;" class="MsoBodyText"><span style="color: black; font-size: 10pt; mso-themecolor: text1;"><span style="font-family: Times New Roman;">Taxation of Social Security benefits was introduced in 1983 as part of a general restructuring of Social Security.<span style="mso-spacerun: yes;"> </span>As part of the 1993 Omnibus Budget Reconciliation Act, taxation of benefits was revised and expanded.<span style="mso-spacerun: yes;"> </span>Inclusion of social security benefits as part of taxable income is determined by comparing a modification of adjusted gross income and half of social security benefits to threshold amounts established in each tax law. <span style="mso-spacerun: yes;"> </span>Unlike most amounts used to determine tax, the thresholds were not subject to indexation or revision. <span style="mso-spacerun: yes;"> </span>This paper examines the current state of social security taxation in light of personal income changes, social security benefit revisions and federal income tax rate and bracket modifications that have taken place over the fourteen years since the last revision in taxation of benefits.</span></span></p><span style="font-family: Times New Roman; font-size: small;"> </span>

scholarly journals The beneficial owner of dividend income received by a discretionary trust

2015 ◽  
Vol 8 (1) ◽  
pp. 281-304
Author(s):  
Waldette Engelbrecht
Keyword(s):  
South African ◽  
Income Tax ◽  
Distinct Difference ◽  
South African Context ◽  
Dividend Distribution ◽  
African Context

In terms of the new Dividends Tax, which came into effect on 1 April 2012, Dividends Tax may be the liability of the beneficial owner of the dividend. This makes it important to correctly identify the beneficial owner. The term beneficial owner is specifically defined in section 64D of the Income Tax Act No. 58 of 1962 as ‘the person entitled to the benefit of the dividend attaching to the share’, yet a distinct difference remains between the legal ownership and economic ownership of the share. Within a South African context, determining the beneficial owner within a discretionary trust might be problematic. The trustees are the legal owners of the shares, whilst the beneficiaries might be the economic owners of the shares. Further, consideration has to be given to the timing of the dividend distribution. This article formulates steps to determine which person is entitled to the benefit of the dividend attached to the share.

scholarly journals Exploring the South African tax consequences of a residential property lottery

2018 ◽  
Vol 21 (1) ◽  
Author(s):  
Silke De Lange ◽  
Danielle Van Wyk
Keyword(s):  
South Africa ◽  
South African ◽  
Income Tax ◽  
Capital Gains ◽  
Residential Property ◽  
Research Approach ◽  
Exploratory Research ◽  
Capital Gains Tax ◽  
The South ◽  
Residential Properties

Background: Disposing of a residential property by way of a lottery sounds peculiar, but a number of these transactions relating to residential properties in South Africa have recently taken place. As this is not an ordinary way of disposing of and acquiring residential property, it is submitted that it is necessary to explore the tax consequences resulting from such a transaction. Aim: The objective of this article is to explore some of the most pertinent South African tax consequences of such a residential property lottery transaction, from the viewpoint of the owner (‘seller’) who disposes of the residential property and the winner (‘purchaser’) who acquires the residential property in terms of the lottery. Setting: This article examines existing literature in a South African income tax environment to explore the tax consequences resulting from a disposal and acquisition of residential property by way of a lottery. Methods: A non-empirical study, which entails the study of the various South African tax provisions and an application thereof to the facts of the lottery transaction, was conducted. A doctrinal research approach was followed within the realm of exploratory research. Results: Disposing of and acquiring residential property by way of a lottery results in a number of actual tax consequences, as well as a number of uncertainties regarding taxes (referred to as uncertain considerations). Conclusion: The conclusion is reached that the possible tax consequences of such a transaction can create tax risks or can result in unintended tax consequences relating to inter alia income tax (including capital gains tax), transfer duty and donations tax. The insights provided in this article do not always result in conclusive answers but they may, however, result in further research to be conducted, and a number of such areas for further research were identified. Should residential property lottery transactions occur more frequently in South Africa in future, it is recommended that the South African Revenue Services (SARS) issues clear guidance on the tax treatment from the perspective of the owner and the winner of such a transaction to ensure that any uncertainties are dealt with correctly.

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