Title page for ETD etd-04092010-130053


Document Type Master's Dissertation
Author Phasha, Manteng Ruth
URN etd-04092010-130053
Document Title A critical analysis of the implications of commissioner South African Revenue Service v Brummeria Renaissance (Pty) Ltd on the taxation of the benefits of interest-free shareholders' loans
Degree MCom
Department Taxation
Supervisor
Advisor Name Title
Prof M Cronje Supervisor
Keywords
  • Brummeria Renaissance (Pty) Ltd
  • South Afrivan Revenue Service
  • taxation
  • shareholders' loans
  • interest-free
Date 2009-09-01
Availability unrestricted
Abstract

The ruling by the Supreme Court of Appeal in Commissioner South African Revenue Service v Brummeria Renaissance (Pty) Ltd on 13 September 2007 added to and amended South African case law regarding the critical definition of ‘gross income’ in the Income Tax Act 58 of 1962. The court diverged from the existing precedent – set in Stander v Commissioner for Inland Revenue – that receipts that “could not be converted into cash and could not be transferred to anyone else” are not taxable. In Commissioner South African Revenue Service v Brummeria Renaissance (Pty) Ltd the court ruled that what is key is that the benefit has an ascertainable monetary value. Accordingly, the benefits of interest-free loans can be valued – using the weighted prime overdraft interest rate – and can be taxed.

This decision has been the subject of much debate, centring on the aptness of the amended view of ‘gross income’, the quid pro quo principle discussed in the judgement, the valuation method, and the implications of these for taxpayers.

The purpose of this study is to present arguments and additional information to this continued debate, looking particularly at the impact of Commissioner South African Revenue Service v Brummeria Renaissance (Pty) Ltd on interest-free shareholders’ loans, without attempting to provide a definitive answer to this debate.

This non-empirical study explores the topic through a review of literature, with the sources cited being mainly published public articles, tax text books and conference papers retrieved from the internet.

Copyright © 2009, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.

Please cite as follows:

Phasha, MR 2009, A critical analysis of the implications of commissioner South African Revenue Service v Brummeria Renaissance (Pty) Ltd on the taxation of the benefits of interest-free shareholders' loans, MCom dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-04092010-130053/ >

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