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An analysis of merger and amalgamation transactions under the Companies Act 71 of 2008 and the Income Tax Act 58 of 1962
Thesis (LLD (Law))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2024
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| _version_ | 1867613725910892544 |
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| access_status_str | Open Access |
| author2 | Delport, Petrus Albertus |
| author_browse | Delport, Petrus Albertus |
| author_facet | Delport, Petrus Albertus |
| collection | Thesis |
| dc_rights_str_mv | © 2023 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 | Thesis (LLD (Law))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/94064 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:40:43.223Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| 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:2263/94064 An analysis of merger and amalgamation transactions under the Companies Act 71 of 2008 and the Income Tax Act 58 of 1962 Delport, Petrus Albertus carolina.meyer@up.ac.za Van Zyl, Stephanus Meyer, Carolina UCTD Merger Amalgamation Taxation Companies Act Income Tax Act Thesis (LLD (Law))--University of Pretoria, 2023. Abstract: In law it is common to encounter two separate pieces of legislation which govern a single matter or transaction, for example, the Companies Act 71 of 2008 (the Companies Act) and the Securities Transfer Act 25 of 2007 both of which address the sale of shares. Similarly, the Income Tax Act 58 of 1962 (the Income Tax Act) and the Companies Act both have regulations which govern, respectively, tax law and company law matters in South Africa. These two Acts overlap in various business and commercial fields as tax is frequently an important component of any business transaction undertaken by a company. Issues, however, arise when the regulations in these two Acts, are inconsistent. This can be observed if one compares the current South African Income Tax and Companies Act, specifically as regards the sections involving merger and amalgamation transactions. Section 44 of the Income Tax Act governs merger and amalgamation transactions from a tax perspective and provides for tax rollover relief if certain requirements are met. The regulations governing mergers and amalgamations under the Companies Act are contained in sections 113, 115 and 116 of the Act. Although these sections in both Acts address the same transaction – a merger or amalgamation between two or more companies – there are several discrepancies between the regulations in the two Acts which appear to operate entirely independently of one another. In practice, one often sees that other sections in the Companies Act and Income Tax Act are used to achieve a merger due, in the main, to the uncertainties in the application of the relevant merger sections in the two Acts and the limited interaction between them. This study identifies and assesses the impact of the discrepancies identified in these two Acts in relation to merger and amalgamation transactions. The study makes recommendations to address these discrepancies and to align the South African Companies Act and Income Tax Act as regards merger/amalgamation transactions. Mercantile Law LLD (Law) Unrestricted Faculty of Laws SDG-08:Decent work and economic growth 2024-01-23T08:49:11Z 2024-01-23T08:49:11Z 2024-05 2024 Thesis * http://hdl.handle.net/2263/94064 10.25403/UPresearchdata.25027412 en © 2023 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 Merger Amalgamation Taxation Companies Act Income Tax Act An analysis of merger and amalgamation transactions under the Companies Act 71 of 2008 and the Income Tax Act 58 of 1962 |
| title | An analysis of merger and amalgamation transactions under the Companies Act 71 of 2008 and the Income Tax Act 58 of 1962 |
| title_full | An analysis of merger and amalgamation transactions under the Companies Act 71 of 2008 and the Income Tax Act 58 of 1962 |
| title_fullStr | An analysis of merger and amalgamation transactions under the Companies Act 71 of 2008 and the Income Tax Act 58 of 1962 |
| title_full_unstemmed | An analysis of merger and amalgamation transactions under the Companies Act 71 of 2008 and the Income Tax Act 58 of 1962 |
| title_short | An analysis of merger and amalgamation transactions under the Companies Act 71 of 2008 and the Income Tax Act 58 of 1962 |
| title_sort | analysis of merger and amalgamation transactions under the companies act 71 of 2008 and the income tax act 58 of 1962 |
| topic | UCTD Merger Amalgamation Taxation Companies Act Income Tax Act |
| url | http://hdl.handle.net/2263/94064 |