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Contradictory approaches to statutory interpretation - uncertainty prevails?

DLA Cliffe Dekker Hofmeyr
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South Africa
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August 5 2011

In our Tax Alert of 8 July 2011, in the article entitled Purposive interpretation of tax statutes: back to the future?, we reviewed the judgment handed down on 15 June 2011 in the case of XYZ v CSARS (Case No 12895), in which case the Court considered the approach to be adopted when interpreting statutes

The importance of residence in determining liability for capital gains

DLA Cliffe Dekker Hofmeyr
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South Africa
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April 21 2011

The case of TLD Limited v The Commissioner for the South African Revenue Service heard before the Tax Court raises the interesting issue of the interplay between the imposition of capital gains tax in the context of the Eighth Schedule to the Income Tax Act and the application of a Double Tax Agreement

Challenging environment for taxpayers

DLA Cliffe Dekker Hofmeyr
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South Africa
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July 1 2011

Two interesting judgments were delivered earlier this month that illustrate the challenging environment in which taxpayers operate these days and the conflicting interests that need to be applied by the South African Revenue Service (SARS

Deduction of contingent liablities - further developments

DLA Cliffe Dekker Hofmeyr
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South Africa
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May 13 2011

The ability to claim a deduction of contingent liabilities in the context of the disposal of a business or assets has recently been considered in a number of instances

Constitutional issues in tax cases

DLA Cliffe Dekker Hofmeyr
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South Africa
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July 30 2010

Since the establishment of the Constitutional Court, only a limited number of cases have been brought before it relating to disputes between taxpayers and SARS

2010 update to the Model Tax Convention

DLA Cliffe Dekker Hofmeyr
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South Africa
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August 27 2010

On 22 July 2010, the Organisation for Economic Co-operation and Development approved the 2010 update to the Model Tax Convention

Procedural aspects in making an application in terms of the Voluntary Disclosure Programme

DLA Cliffe Dekker Hofmeyr
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South Africa
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September 3 2010

The Voluntary Disclosure Programme and Taxation Law Second Amendment Bill contains a number of procedural requirements which must be met in order for a person to participate in the voluntary disclosure relief which is offered as part of the Voluntary Disclosure Programme (VDP

Offshore cell companies

DLA Cliffe Dekker Hofmeyr
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South Africa
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June 10 2011

In the Draft Taxation Laws Amendment Bill published on 2 June 2011, one of the amendments relates to the taxation of offshore cell companies in terms of section 9D of the Income Tax Act 36 of 1996

Ackermans LimitedPep Stores (SA) Limited v The Commissioner before the Supreme Court of Appeal

DLA Cliffe Dekker Hofmeyr
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South Africa
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October 8 2010

In a judgment delivered on 1 October 2010, the Supreme Court of Appeal had to consider the ability of the taxpayer to claim a deduction in respect of certain contingent liabilities sold as part of the sale of a business

Far-reaching decision by the Tax Court

DLA Cliffe Dekker Hofmeyr
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South Africa
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August 5 2011

On 1 August 2011, the Johannesburg Tax Court (the Court) handed down a significant judgment that is yet to be reported and that specifically addresses, in the words contained in the judgment, "novel and complex" issues relating to the interpretation of the provisions of sections 36(7E) and 36(7F) of the Income Tax Act, 58 of 1962 (the Act