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South Africa Case Law

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Tax Law [2021] ZATC 5

B v Commissioner for the South African Revenue Service (13395)

B v Commissioner for the South African Revenue Service (13395) [2021] ZATC 5; 83 SATC 545 (23 April 2021)

Tax Court CGT appeal on sale of shares: proceeds accrued in 2009, base cost derived from amnesty valuation, and the assessment was altered accordingly.

  • Capital Gains Tax
  • Base Cost Determination
  • Exchange Control Amnesty
  • Assessment Alteration
  • Additional Tax Penalty
  • Interest On Underpayment
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Tax Law [2016] ZATC 8

M Family Trust v Commissioner for the South African Revenue Services (13935)

M Family Trust v Commissioner for the South African Revenue Services (13935) [2016] ZATC 8; 79 SATC 266 (14 December 2016)

The court found that the proceeds from the sale of D Ltd shares were received by the taxpayer and could not be reduced by the amount allegedly embezzled, as paragraph 35(3)(c) of the Eighth Schedule applies only to amounts accrued, not received. The alleged embezzlement was committed by a party unrelated to the transaction for the disposal of the shares, and thus does not qualify for deduction under the relevant provision. The cost of the 12,100,000 share options converted into 1,210,000 shares should be included in the base cost of the shares disposed of, as the options were exercised and no…

  • Capital Gains Tax
  • Base Cost Determination
  • Understatement Penalty
  • Bad Debt Deduction
  • Share Option Conversion
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Tax Law [2015] ZASCA 138

Commissioner for the South African Revenue Service v Stepney Investments (20192/14)

Commissioner for the South African Revenue Service v Stepney Investments (20192/14) [2015] ZASCA 138; [2016] 1 All SA 1 (SCA); 2016 (2) SA 608 (SCA); 78 SATC 86 (30 September 2015)

The Supreme Court of Appeal found that the Bridge Capital valuation submitted by Stepney Investments was fatally flawed in several material respects. The valuation relied on outdated and unreliable financial projections, failed to account for actual figures available at the time of valuation, used the wrong valuation date, understated tax and capital expenditure, and did not properly factor in risk elements such as the term and renewal of the casino licence and unresolved litigation. The court held that Stepney Investments did not discharge its onus to prove the base cost of the shares for ca…

  • Capital Gains Tax
  • Base Cost Determination
  • Discounted Cash Flow Valuation
  • Onus Of Proof
  • Expert Evidence
  • Tax Assessment Review
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.