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An analysis of the provisions governing the prescription of assessments in South African fiscal legislation
Mini Dissertation (LLM)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2015
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| _version_ | 1867613498899431424 |
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| access_status_str | Open Access |
| author2 | Louw, C (Adv.) |
| author_browse | Louw, C (Adv.) |
| author_facet | Louw, C (Adv.) |
| collection | Thesis |
| dc_rights_str_mv | © 2015 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)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/50750 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:06.816Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| 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:2263/50750 An analysis of the provisions governing the prescription of assessments in South African fiscal legislation Louw, C (Adv.) mnzimande@ens.co.za Nzimande, Mmangaliso UCTD SDG-16: Peace, justice and strong institutions Law theses SDG-16 Mini Dissertation (LLM)--University of Pretoria, 2015. The purpose of the study was to conduct an investigation into the recent approaches by courts and the legislature towards striking a balance between the public interest that the Commissioner must collect tax that is payable and the public interest that disputes should reach finality. To achieve the main purpose of the study, a review of the case law and literature was conducted to research the background of prescription in fiscal legislation. The review of the literature and case law included an examination of the importance of the finality of assessments. The study then aimed to research specifically the applicable fiscal legislation and case law relating to retrospective legislation in light of the SARS practice to apply the new section 99 of the ITA to years of assessment which became prescribed before the enactment of the TAA. Thereafter, the study aimed to research case law in respect of the interpretation and application of the concept of “fraud, misrepresentation or non-disclosure” in section 79 of the ITA and section 99 of the TAA. The analysis of the case law illustrated clearly the duty of taxpayers to submit an accurate and complete return (which is not vague and misleading) on which the Commissioner can assess them; the minimum level of information required for purposes of assessment; the duty of taxpayers when submitting tax returns and supporting documentation to SARS and the duty of the Commissioner when assessing tax returns. The study demonstrated how the courts determined whether non-assessment was a result of misrepresentation or non-disclosure of material facts. Finally the study analysed the case law and commentary of the leading writers in the tax field in Australia and Canada as a comparative study of how legislation and courts in these countries have dealt with the issue of prescription and the reopening of assessments after they have prescribed. The inclusion of this international perspective emphasised the challenge of the courts and legislature in addressing the issue of finality of assessments. Although the prescription provisions in these countries differ in respect of periods, they are very similar as they both allow the revenue authorities to reopen assessment where there has been fraud or misrepresentation on the part of the taxpayer. It is clear from the discussion above that the courts have done a recommendable job in in striking a balance between safe-guarding the public interest that the Commissioner must collect tax that is payable, and the public interest that disputes should come to an end to ensure certainty for taxpayers. tm2015 Mercantile Law LLM Unrestricted 2015-11-25T09:48:31Z 2015-11-25T09:48:31Z 2015/09/01 2015 Mini Dissertation Nzimande, M 2015, An analysis of the provisions governing the prescription of assessments in South African fiscal legislation, LLM Mini-dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/50750> S2015 http://hdl.handle.net/2263/50750 en © 2015 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 SDG-16: Peace, justice and strong institutions Law theses SDG-16 An analysis of the provisions governing the prescription of assessments in South African fiscal legislation |
| title | An analysis of the provisions governing the prescription of assessments in South African fiscal legislation |
| title_full | An analysis of the provisions governing the prescription of assessments in South African fiscal legislation |
| title_fullStr | An analysis of the provisions governing the prescription of assessments in South African fiscal legislation |
| title_full_unstemmed | An analysis of the provisions governing the prescription of assessments in South African fiscal legislation |
| title_short | An analysis of the provisions governing the prescription of assessments in South African fiscal legislation |
| title_sort | analysis of the provisions governing the prescription of assessments in south african fiscal legislation |
| topic | UCTD SDG-16: Peace, justice and strong institutions Law theses SDG-16 |
| url | http://hdl.handle.net/2263/50750 |