Browsing by Author "Beukes, Wilna"
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- ItemValue-added tax : a critical analysis of input tax in respect of share issue costs(Stellenbosch : Stellenbosch University, 2020-03) Beukes, Wilna; Herron, Andrea; Stellenbosch University. Faculty of Economic and Management Sciences. School of Accountancy.ENGLISH SUMMARY: The issue of shares is one of the main sources of finance used to start up or expand a business. Costs are incurred to facilitate the issue of shares in both the listed and private market. Value-added tax (VAT) is levied on the supply of these services when provided by VAT vendors, in terms of the Value-Added Tax Act (No. 89 of 1991) (hereafter referred to as the VAT Act). The South African Revenue Service’s (SARS) current policy is that input tax on share issue costs incurred is not deductible based on the judgment in Income Tax Case No. 1744 (2002) 65 SATC 154 (hereafter referred to as ITC 1744). Through reliance on earlier judgments in the Court of Justice of the European Union (CJEU), it was held in ITC 1744 that the absence of a direct and immediate link between share issue costs incurred and the making of taxable supplies precluded the taxpayer from claiming an input tax deduction. South African authors disagree on whether the direct and immediate link test relied on in ITC 1744 should be used to apply the provisions of the VAT Act. Furthermore, South African authors have suggested that there are grounds to argue that the issue of shares does not constitute a “supply” as defined in section 1(1) of the VAT Act. In terms of the New Zealand Goods and Services Tax Act, on which the VAT Act was modelled, the New Zealand Inland Revenue Department argued that input tax on share issue costs should be deductible to satisfy the broad taxation principles of neutrality, effectiveness and fairness. Despite international developments, SARS has not clarified its policy on the treatment of input tax on share issue costs incurred since ITC 1744 was heard in 2002. This research assignment therefore set out to determine whether input tax on share issue costs incurred should be deductible. A qualitative research approach was followed. Primary and secondary data were collected and analysed in the form of a desktop literature review to determine whether input tax on share issue costs incurred should be deductible. This research assignment found that the use of the direct and immediate link test relied on in ITC 1744 may not be appropriate in South Africa, and that only a direct functional link may be required by the phrase “in the course of making taxable supplies” in the input tax definition in section 1(1) of the VAT Act. It was further found that there are grounds to argue that the issue of shares does not constitute a “supply” in terms of section 1(1) of the VAT Act and that share issue costs incurred may accordingly form part of a business’ general overhead costs. Lastly, it was found that the current denial of input tax on share issue costs incurred detracts from the broad taxation principles of neutrality, effectiveness and fairness, which are fundamental to a good VAT system. The findings of this research assignment therefore suggest that input tax on share issue costs should be deductible.