CML5663S (not offered in 2022)

Course Overview:

Higher postgraduate double-course, taught throughout the year

Pre-requisites:
A candidate is not permitted to register for this course unless he or she has either completed Tax Law (CML5661W) or, in the opinion of the course coordinators, otherwise has a sufficiently sound academic background.

Course Objectives:
The objective of this course is to develop academic and professional proficiency in:

• South African income tax law, capital transfer taxes, particularly value added tax law, donations tax and estate duty. This will be done by considering the tax legislation, its interpretation by the course and its practical application in commerce.
• International tax law. This will be done by considering the unilateral and bilateral measures to prevent double taxation and international tax avoidance.

Course outline:
The course deals with Income Tax, Capital Gains Tax, Value Added Tax, Donations Tax and Estate Duty Tax as levied in South Africa. The relevant legislation as interpreted by the course, its practical application, both domestically and internationally will be examined.
It further deals with international taxation. This will cover, inter alia, trading into and out of South Africa, methods of relieving international double taxation, the interpretation and application of double taxation conventions, the Organisation for Economic Cooperation and Development's (OECD) Model Convention on Income and on Capital, the United Nations Model Convention on Income and on Capital, the allocation of taxing liability of various forms of income, international tax avoidance including transfer pricing and thin capitalisation and exchange control. Candidates are required to present papers, disseminated in advance to the class as a whole, on approved topics. Active participation is required in all seminars at which papers are presented. The number of papers to be presented will depend on the size of the class but will not be less than two. Prior to the presentation of seminars, a set of lectures will be presented.

Lecture period:
one two-hour seminar per week save in the case of lectures (two double lectures per week).

DP requirements:
Satisfactory attendance and presentation of seminar papers.

Assessment:
The papers presented by the candidates, which are to be written up following criticism and comment during the presentation, will count for 50% and a further four-hour examination counts for the remaining 50%. Both the papers and examination must be passed.

NOTE: The Convenor of the course may, in his/her discretion, limit the size of the class for didactic reasons. CML6063W Advanced Tax Law is also a double-course for the award of the LLM degree in Commercial Law or Tax Law.