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Simulated transactions from a common-law perspective and whether this doctrine is still relevant in respect to the application of the current anti-avoidance rules

The purpose of this paper is to analyse the common-law principles pertaining to simulated transactions in an effort to protect our tax base and to expose unlawful tax evasion. This paper highlights what is currently regarded as a 'simulation' and how South Africa compares to international practices....

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Main Author: Fredericks, Martin
Other Authors: Warneke, David
Format: Thesis
Language:English
Published: Department of Finance and Tax 2017
Subjects:
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access_status_str Open Access
author Fredericks, Martin
author2 Warneke, David
author_browse Fredericks, Martin
Warneke, David
author_facet Warneke, David
Fredericks, Martin
author_sort Fredericks, Martin
collection Thesis
description The purpose of this paper is to analyse the common-law principles pertaining to simulated transactions in an effort to protect our tax base and to expose unlawful tax evasion. This paper highlights what is currently regarded as a 'simulation' and how South Africa compares to international practices. I have divided my discussion into five parts, viz: 1. Analysis of the requirements for an effective tax system; 2. Discussion of common-law principles; 3. Simulated transactions from a common law perspective, 4. International case law on simulated transactions; and 5. Relevance of common-law principles to the current GAAR.
format Thesis
id oai:open.uct.ac.za:11427/23785
institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:34:10.861Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2017
publishDateRange 2017
publishDateSort 2017
publisher Department of Finance and Tax
publisherStr Department of Finance and Tax
record_format dspace
source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/23785 Simulated transactions from a common-law perspective and whether this doctrine is still relevant in respect to the application of the current anti-avoidance rules Fredericks, Martin Warneke, David South African Taxation The purpose of this paper is to analyse the common-law principles pertaining to simulated transactions in an effort to protect our tax base and to expose unlawful tax evasion. This paper highlights what is currently regarded as a 'simulation' and how South Africa compares to international practices. I have divided my discussion into five parts, viz: 1. Analysis of the requirements for an effective tax system; 2. Discussion of common-law principles; 3. Simulated transactions from a common law perspective, 4. International case law on simulated transactions; and 5. Relevance of common-law principles to the current GAAR. 2017-01-31T09:19:16Z 2017-01-31T09:19:16Z 2016 Master Thesis Masters MPhil http://hdl.handle.net/11427/23785 eng application/pdf Department of Finance and Tax Faculty of Commerce University of Cape Town
spellingShingle South African Taxation
Fredericks, Martin
Simulated transactions from a common-law perspective and whether this doctrine is still relevant in respect to the application of the current anti-avoidance rules
thesis_degree_str Master's
title Simulated transactions from a common-law perspective and whether this doctrine is still relevant in respect to the application of the current anti-avoidance rules
title_full Simulated transactions from a common-law perspective and whether this doctrine is still relevant in respect to the application of the current anti-avoidance rules
title_fullStr Simulated transactions from a common-law perspective and whether this doctrine is still relevant in respect to the application of the current anti-avoidance rules
title_full_unstemmed Simulated transactions from a common-law perspective and whether this doctrine is still relevant in respect to the application of the current anti-avoidance rules
title_short Simulated transactions from a common-law perspective and whether this doctrine is still relevant in respect to the application of the current anti-avoidance rules
title_sort simulated transactions from a common law perspective and whether this doctrine is still relevant in respect to the application of the current anti avoidance rules
topic South African Taxation
url http://hdl.handle.net/11427/23785
work_keys_str_mv AT fredericksmartin simulatedtransactionsfromacommonlawperspectiveandwhetherthisdoctrineisstillrelevantinrespecttotheapplicationofthecurrentantiavoidancerules