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Business rescue proceedings as a tax avoidance tool
Mini-dissertation (LLM (Tax Law))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613666282569728 |
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| access_status_str | Open Access |
| author2 | Sengwane, Khodani |
| author_browse | Sengwane, Khodani |
| author_facet | Sengwane, Khodani |
| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini-dissertation (LLM (Tax Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/103336 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:46.144Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/103336 Business rescue proceedings as a tax avoidance tool Sengwane, Khodani kulani@dhumazi.co.za Dhumazi, Kulani Lionel UCTD Sustainable Development Goals (SDGs) Business rescue Compromise Debt relief Financial distress Moratorium Reorganisation Tax avoidance Tax administration Voluntary arrangement Mini-dissertation (LLM (Tax Law))--University of Pretoria, 2024. Taxes are an important stream of revenue for the South African fiscus. The taxes collected through the different streams are used by government departments for numerous projects and processes that promote the overall well-being of the country’s citizens. This is why the downward trend of CIT contributions from its peak in the 2008/2009 tax season (26.7%) is worrying. This decline in contributions can be attributed in part to an increasing number of companies using business rescue as a form of tax avoidance. By unpacking key sections of the Companies Act 71 of 2008, this dissertation explores how businesses use the Act and its embedded business rescue process for tax avoidance. The importance of SARS as the country’s tax collection instrument and its weight as a creditor in the business rescue process is also discussed. The various forms of indemnity given to role players within the business rescue process and to its practitioners are unpacked through a discussion about the shortcomings of the Companies Act 71 of 2008. With suggestions proposed on how to integrate current best practices into the Act, proposes revisions to the Act, recommending the integration of best practices to mitigate these loopholes, thereby safeguarding the fiscal integrity of the South African economy. Mercantile Law LLM (Tax Law) Unrestricted Faculty of Laws 2025-07-14T10:47:37Z 2025-07-14T10:47:37Z 2025-09 2024-12 Mini Dissertation * S2025 http://hdl.handle.net/2263/103336 Disclaimer Letter en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Business rescue Compromise Debt relief Financial distress Moratorium Reorganisation Tax avoidance Tax administration Voluntary arrangement Business rescue proceedings as a tax avoidance tool |
| title | Business rescue proceedings as a tax avoidance tool |
| title_full | Business rescue proceedings as a tax avoidance tool |
| title_fullStr | Business rescue proceedings as a tax avoidance tool |
| title_full_unstemmed | Business rescue proceedings as a tax avoidance tool |
| title_short | Business rescue proceedings as a tax avoidance tool |
| title_sort | business rescue proceedings as a tax avoidance tool |
| topic | UCTD Sustainable Development Goals (SDGs) Business rescue Compromise Debt relief Financial distress Moratorium Reorganisation Tax avoidance Tax administration Voluntary arrangement |
| url | http://hdl.handle.net/2263/103336 |