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The New General Anti-Avoidance Rule: A comprehensive discourse on this Statute
On 3 November 2005, the Minister of Finance explicitly recognised the need for a revised GAAR stating: 'What we can't accommodate is a rule which is intended to limit avoidance that is so abused and tatty with wear.' This paved the way for the SARS launching their 2005 discussion paper on GAAR. SARS...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2014
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| _version_ | 1867613214472142850 |
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| access_status_str | Open Access |
| author | Izak, Daniel Petrus Louw |
| author_browse | Izak, Daniel Petrus Louw |
| author_facet | Izak, Daniel Petrus Louw |
| author_sort | Izak, Daniel Petrus Louw |
| collection | Thesis |
| description | On 3 November 2005, the Minister of Finance explicitly recognised the need for a revised GAAR stating: 'What we can't accommodate is a rule which is intended to limit avoidance that is so abused and tatty with wear.' This paved the way for the SARS launching their 2005 discussion paper on GAAR. SARS, in their introduction, discussed and pointed out the ramifications of aggressive tax avoidance structures. SARS held further that not only do such structures, inter alia, affect the short-term revenue loss of the fiscus, but also influence the economy negatively from a longerterm perspective and weaken National Treasury's ability to successfully implement and govern economic policy. The result - the much-anticipated new GAAR measures, incorporated in twelve new sections of the Act, viz sections 80A - 80L, which came into effect for schemes or arrangements entered into, on, or after 2 November 2006. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4636 |
| institution | University of Cape Town (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:32:34.479Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/4636 The New General Anti-Avoidance Rule: A comprehensive discourse on this Statute Izak, Daniel Petrus Louw On 3 November 2005, the Minister of Finance explicitly recognised the need for a revised GAAR stating: 'What we can't accommodate is a rule which is intended to limit avoidance that is so abused and tatty with wear.' This paved the way for the SARS launching their 2005 discussion paper on GAAR. SARS, in their introduction, discussed and pointed out the ramifications of aggressive tax avoidance structures. SARS held further that not only do such structures, inter alia, affect the short-term revenue loss of the fiscus, but also influence the economy negatively from a longerterm perspective and weaken National Treasury's ability to successfully implement and govern economic policy. The result - the much-anticipated new GAAR measures, incorporated in twelve new sections of the Act, viz sections 80A - 80L, which came into effect for schemes or arrangements entered into, on, or after 2 November 2006. 2014-07-30T18:14:41Z 2014-07-30T18:14:41Z 2014-07-30 Master Thesis Masters LLM http://hdl.handle.net/11427/4636 en application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Izak, Daniel Petrus Louw The New General Anti-Avoidance Rule: A comprehensive discourse on this Statute |
| thesis_degree_str | Master's |
| title | The New General Anti-Avoidance Rule: A comprehensive discourse on this Statute |
| title_full | The New General Anti-Avoidance Rule: A comprehensive discourse on this Statute |
| title_fullStr | The New General Anti-Avoidance Rule: A comprehensive discourse on this Statute |
| title_full_unstemmed | The New General Anti-Avoidance Rule: A comprehensive discourse on this Statute |
| title_short | The New General Anti-Avoidance Rule: A comprehensive discourse on this Statute |
| title_sort | new general anti avoidance rule a comprehensive discourse on this statute |
| url | http://hdl.handle.net/11427/4636 |
| work_keys_str_mv | AT izakdanielpetruslouw thenewgeneralantiavoidanceruleacomprehensivediscourseonthisstatute AT izakdanielpetruslouw newgeneralantiavoidanceruleacomprehensivediscourseonthisstatute |