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Do share-based payments constitute expenditure, for tax purposes, in order to facilitate a deduction?

The uncertainty surrounding whether a share-based payment constitutes expenditure, is, to a large extent, unresolved. This issue is significant because a company may only claim a (general) deduction in terms of section 11(a) of the Income Tax Act No. 58 of 1962, as amended (The Income Tax Act) if th...

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Main Author: Bortz, Jeremy
Format: Thesis
Language:Spanish / Castilian
Published: Department of Commercial Law 2014
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access_status_str Open Access
author Bortz, Jeremy
author_browse Bortz, Jeremy
author_facet Bortz, Jeremy
author_sort Bortz, Jeremy
collection Thesis
description The uncertainty surrounding whether a share-based payment constitutes expenditure, is, to a large extent, unresolved. This issue is significant because a company may only claim a (general) deduction in terms of section 11(a) of the Income Tax Act No. 58 of 1962, as amended (The Income Tax Act) if they have incurred "expenditure". [...] The issue has been brought to the fore with the 2004 introduction, by the International Accounting Standards Board, of a new accounting standard on share-based payments, International Financial Reporting Standard 2 Share-based Payment (IFRS 2). [...] This paper will initially discuss the financial implications of this new accounting standard. Before discussing the tax implications, it will provide a brief background to the requirements of IFRS 2. Whether a share-base payment constitutes "expenditure" for tax purposes will be determined by interpreting any applicable case law, both local and international, and by analysing any relevant legislation. Finally, the international practices of both the UK and Australia will be briefly discussed. (This paper will in no way no consider the valuation, for tax purposes, of such potential deduction).
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institution University of Cape Town (South Africa)
language Spanish / Castilian
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spelling oai:open.uct.ac.za:11427/4576 Do share-based payments constitute expenditure, for tax purposes, in order to facilitate a deduction? Bortz, Jeremy The uncertainty surrounding whether a share-based payment constitutes expenditure, is, to a large extent, unresolved. This issue is significant because a company may only claim a (general) deduction in terms of section 11(a) of the Income Tax Act No. 58 of 1962, as amended (The Income Tax Act) if they have incurred "expenditure". [...] The issue has been brought to the fore with the 2004 introduction, by the International Accounting Standards Board, of a new accounting standard on share-based payments, International Financial Reporting Standard 2 Share-based Payment (IFRS 2). [...] This paper will initially discuss the financial implications of this new accounting standard. Before discussing the tax implications, it will provide a brief background to the requirements of IFRS 2. Whether a share-base payment constitutes "expenditure" for tax purposes will be determined by interpreting any applicable case law, both local and international, and by analysing any relevant legislation. Finally, the international practices of both the UK and Australia will be briefly discussed. (This paper will in no way no consider the valuation, for tax purposes, of such potential deduction). 2014-07-30T18:10:40Z 2014-07-30T18:10:40Z 2014-07-30 Master Thesis Masters LLM http://hdl.handle.net/11427/4576 es application/pdf Department of Commercial Law Faculty of Law University of Cape Town
spellingShingle Bortz, Jeremy
Do share-based payments constitute expenditure, for tax purposes, in order to facilitate a deduction?
thesis_degree_str Master's
title Do share-based payments constitute expenditure, for tax purposes, in order to facilitate a deduction?
title_full Do share-based payments constitute expenditure, for tax purposes, in order to facilitate a deduction?
title_fullStr Do share-based payments constitute expenditure, for tax purposes, in order to facilitate a deduction?
title_full_unstemmed Do share-based payments constitute expenditure, for tax purposes, in order to facilitate a deduction?
title_short Do share-based payments constitute expenditure, for tax purposes, in order to facilitate a deduction?
title_sort do share based payments constitute expenditure for tax purposes in order to facilitate a deduction
url http://hdl.handle.net/11427/4576
work_keys_str_mv AT bortzjeremy dosharebasedpaymentsconstituteexpenditurefortaxpurposesinordertofacilitateadeduction