International Tax – A South African Perspective 2011 5ed

Special Features

Five new chapters have been added on:

• Taxation of individuals
• Taxation of companies and dividends
• Taxation of partnerships
• Cross-border VAT; and
• Interpretation of statutes

The fifth edition of this title, (the first edition of which was published in 2003) has been extensively updated to incorporate all the latest legislative amendments as well as the latest changes to the OECD Model Tax Convention and its Commentary. As with previous editions, this publication provides a thorough understanding of the following aspects from a South African perspective:

• controlled foreign companies
• foreign dividends
• double taxation agreements
• tax havens
• foreign tax credits
• permanent establishments
• exchange control restrictions

Endorsements

“Not only has this work grown ever more formidable through each of its five editions, it has by now indisputably established itself as the foremost authority on the subject in our courts, in our universities, and indeed to anyone who ‘needs to know’, whether South African or otherwise.

I have no doubt that through their authoritative, lucid and accessible work the authors are contributing to the international business re-integration of a country whose magic is far from spent.”
—Pierre le R du Toit, Advocate of the High Court of South Africa, Chartered Accountant (SA)

“This book is a formidable piece of work. I congratulate the authors on their achievement and I commend the book to anyone with an interest in South Africa’s international tax system.”
—Professor Brian Arnold, Toronto

“This quality publication is an important contribution to our tax jurisprudence, and deserves a place on the bookshelf of every attorney, accountant, banker and investment adviser… an invaluable guide to tax practitioners and investment advisers….”
—Professor R C Williams, University of Natal (from a review in the South African Law Journal)

"I commend the authors on an excellent work. This book is an indispensable addition to the library of tax practitioners and tax students. The authors give their readers the benefit of thorough research, comparative analysis and substantial practical experience. The result is a work that does not merely state the law, but provides insightful commentary and useful background and context. The authors have succeeded in making a highly technical and difficult field of law, readable and understandable."
— Betsie Strydom, Director in the tax practice of Bowman Gilfillan

Table of Contents

Foreword to the First Edition
Preface
Bibliography
Table of references to the Income Tax Act 58 of 1962
Table of Cases

1. Overview
2. Jurisdiction to Tax
3. Taxation of Individuals
4. Taxation of Companies and Dividends
5. Taxation of Trusts
6. Taxation of Partnerships
7. Taxation of Currency Conversions
8. Taxation of Cross Border Financing
9. DTAs – Overview
10. DTAs – Interpretation
11. PE and Business Profits
12. Withholding Taxes – General
13. Withholding Taxes – Royalties and Interest
14. Income from International Traffic and Other Income
15. Immovable Property, Capital Gains Taxes and Taxes on Capital
16. Income from Employment and Related Income
17. Unilateral and DTA Tax Relief
18. Enforcement and Collection
19. Tax Avoidance
20. Controlled Foreign Companies
21. Transfer Pricing and Thin Capitalisation
22. Use and Abuse of Tax Havens
23. Intermediary Holding Companies
24. Exchange Control
25. Cross Border VAT

About the authors

Lynette Olivier BA (law) (cum laude) LLB (cum laude) (Stellenbosch), LLM (cum laude) LLD (Rand Afrikaans University), H Dip Tax (cum laude) (Wits)

Lynette is Professor of Taxation at the University of Johannesburg, and tax legal advisor to the Large Business Centre, SARS. She is a former tax consultant with PricewaterhouseCoopers, and former CEO of the SARS Service Monitoring Office. She is the author and co-author of several tax publications.

Michael Honiball BA LLB (Stellenbosch), LLM (tax law) (Rand Afrikaans University), H Dip Tax Law (Rand Afrikaans University), Corporate Law Diploma (cum laude) (Rand Afrikaans University), TEP

Michael is a Partner at Webber Wentzel Attorneys, where he is the head of International Tax. He is a Visiting Professor at the University of Johannesburg and is an Academician of The International Academy of Estate and Trust Law. He is the Chairperson of the Society of Trust and Estate Practitioners (Cape Town branch) and has published extensively on international tax matters.