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South Africa Case Law

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Tax Law [2025] ZATC 7

BCJ v Commissioner for the South African Revenue Service (2024/8)

BCJ v Commissioner for the South African Revenue Service (2024/8) [2025] ZATC 7 (23 May 2025)

The Tax Court held that SARS gave inadequate reasons for a GAAR assessment because it did not explain why the arrangement was said to occur in a business context.

  • General Anti Avoidance Rule
  • Impermissible Avoidance Arrangement
  • Adequacy Of Reasons
  • Income Tax Assessment
  • Commercial Substance
  • Business Context
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Tax Law [2016] ZATC 13

ABC (Pty) Ltd v Commissioner for the South African Revenue Service (IT 13164)

ABC (Pty) Ltd v Commissioner for the South African Revenue Service (IT 13164) [2016] ZATC 13 (7 September 2016)

The Tax Court held that section 103(2) of the Income Tax Act did not apply because the share acquisition had genuine commercial substance and the assessed losses could be set off.

  • Assessed Loss Set Off
  • Section 103 Income Tax Act
  • Change Of Shareholding
  • Tax Avoidance
  • Commercial Substance
  • Onus Of Proof
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Tax Law [2010] ZASCA 168

Commissioner for South African Revenue Service v NWK Ltd (27/10)

Commissioner for South African Revenue Service v NWK Ltd (27/10) [2010] ZASCA 168; 2011 (2) SA 67 (SCA) ; [2011] 2 All SA 347 (SCA); 73 SATC 55 (1 December 2010)

The court held that NWK’s purported loan was simulated and disallowed the interest deductions, while reducing additional tax to 100%.

  • Simulated Transaction
  • Income Tax Deduction
  • Onus Of Proof
  • Commercial Substance
  • Additional Tax Penalty
  • Simulated-transaction
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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.