The antecedent divestment of a right to a dividend has been a feature of our tax law for longer than I have been in practice. See Hiddingh v CIR 1941 AD 111. The Government are obviously
Category: Court Cases
The importance of residence in determining liability for capital gains
The case of TLD Limited v The Commissioner for the South African Revenue Service heard before the Tax Court raises the interesting issue of the interplay between the imposition of capital gains tax in the context of the Eighth Schedule to the Income Tax Act and the application of a Double Tax Agreement.
Capital gains tax and trusts: is there a pipe?
Rene Magritte (1898 – 1967), the Belgian Surrealist artist, painted a smoking pipe and below it the words “Ceci n’est pas une pipe” (“This is not a pipe”). And, of course, the painting of the pipe isn’t a pipe; it is an image of a pipe. In South African tax law (which may also seem surreal at times) there is