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An inquiry into 'The nature of capital': with special reference to C.I.R. versus Middelman
Our Courts have, in many decisions stretching over decades, been faced with the problem of deciding whether the proceeds of the disposal of certain assets are revenue, or are of a capital nature. The assets which have given rise to the problem are those which one would normally consider to be capita...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2021
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| _version_ | 1867613180428025856 |
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| access_status_str | Open Access |
| author | Niland, Christopher Barlow |
| author_browse | Niland, Christopher Barlow |
| author_facet | Niland, Christopher Barlow |
| author_sort | Niland, Christopher Barlow |
| collection | Thesis |
| description | Our Courts have, in many decisions stretching over decades, been faced with the problem of deciding whether the proceeds of the disposal of certain assets are revenue, or are of a capital nature. The assets which have given rise to the problem are those which one would normally consider to be capital in the hands of the taxpayer, but which may be held to have to have altered in character due to some action of the taxpayer, either by way of a change in the intention of the taxpayer regarding the asset in question, or by virtue of the method adopted by him in the disposal of the asset. The reported cases t dealing with this question arise mainly from the disposal of either shares or immovable property, although this has not always been the case. The principles involved in the inquiry remain the same, no matter what the nature of the asset is, but the application of those principles depends on a number of factors, including the nature of the asset, and of course, the circumstances of the taxpayer. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/35458 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:00.945Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/35458 An inquiry into 'The nature of capital': with special reference to C.I.R. versus Middelman Niland, Christopher Barlow Commercial Law Our Courts have, in many decisions stretching over decades, been faced with the problem of deciding whether the proceeds of the disposal of certain assets are revenue, or are of a capital nature. The assets which have given rise to the problem are those which one would normally consider to be capital in the hands of the taxpayer, but which may be held to have to have altered in character due to some action of the taxpayer, either by way of a change in the intention of the taxpayer regarding the asset in question, or by virtue of the method adopted by him in the disposal of the asset. The reported cases t dealing with this question arise mainly from the disposal of either shares or immovable property, although this has not always been the case. The principles involved in the inquiry remain the same, no matter what the nature of the asset is, but the application of those principles depends on a number of factors, including the nature of the asset, and of course, the circumstances of the taxpayer. 2021-12-14T09:20:07Z 2021-12-14T09:20:07Z 1990 2021-12-06T13:05:00Z Master Thesis Masters LLM http://hdl.handle.net/11427/35458 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | Commercial Law Niland, Christopher Barlow An inquiry into 'The nature of capital': with special reference to C.I.R. versus Middelman |
| thesis_degree_str | Master's |
| title | An inquiry into 'The nature of capital': with special reference to C.I.R. versus Middelman |
| title_full | An inquiry into 'The nature of capital': with special reference to C.I.R. versus Middelman |
| title_fullStr | An inquiry into 'The nature of capital': with special reference to C.I.R. versus Middelman |
| title_full_unstemmed | An inquiry into 'The nature of capital': with special reference to C.I.R. versus Middelman |
| title_short | An inquiry into 'The nature of capital': with special reference to C.I.R. versus Middelman |
| title_sort | inquiry into the nature of capital with special reference to c i r versus middelman |
| topic | Commercial Law |
| url | http://hdl.handle.net/11427/35458 |
| work_keys_str_mv | AT nilandchristopherbarlow aninquiryintothenatureofcapitalwithspecialreferencetocirversusmiddelman AT nilandchristopherbarlow inquiryintothenatureofcapitalwithspecialreferencetocirversusmiddelman |