ABC Proprietary Limited v Commissioner for the South African Revenue Services (14287)
ABC Proprietary Limited v Commissioner for the South African Revenue Services (14287) [2019] ZATC 9; 82 SATC 144 (12 June 2019)
The court found that the wording of the double taxation agreements between South Africa and the Netherlands, Sweden, and Kuwait is clear and unambiguous. The MFN clause in the Netherlands DTA is triggered when South Africa affords more favourable treatment to another contracting state, regardless of whether such treatment arises from agreements concluded before or after the Netherlands DTA. The subsequent agreement with Sweden incorporated a provision that residents of Sweden would receive the same preferential treatment as any other contracting state, irrespective of timing. Since Kuwait alr…
Source excerpt
- Double Taxation Agreements
- Most Favoured Nation Clause
- Income Tax Act
- Treaty Interpretation
- Dividends Tax
- Parol Evidence Rule