Tax Law B
CML4507S TAX LAW B
Final Level, half course, second semester, two lectures per week
9 NQF credits at HEQSF level 8
Convener: Associate Professor J Hattingh
Course entry requirements: All Preliminary and Intermediate Level courses to have been completed.
This course builds on Tax Law A as a further introductory course for law undergraduates on the subject of tax law.
The focus of the course is on legislation as the primary source of tax law. In much of the coursework, the emphasis will be on the South African income tax legislation.
Because the focus is on legislation, the course is introduced by a recapitulation of the legal framework for statutory construction. Throughout the course, the emphasis will be on development of the competencies required to use revenue legislation in a responsible manner.
A selection of features of the South African Income Tax Act, 58 of 1962, will be considered. The relevant provisions are categorised into those dealing with the main tenants of the taxation of individuals, companies and other vehicles such as trusts and partnerships. Selected issues affecting the taxation of corporate income will be considered. In addition, the legislation imposing tax on capital gains will be dealt with, in overview.
The course is concluded by a consideration of the various common law and statutory measures that address tax evasion and tax avoidance. Brief consideration will be given to common legitimate tax planning techniques.
DP requirements: None
Assessment: November examination 100%