Faculty of Commerce, College of Accounting
• Taxation I
Offered in the College of Accounting as part of the BCom and BBusSci degrees, particularly those for the training of Chartered Accountants. It offers an introduction to the field of taxation including income tax, value added tax and tax administration. The foundational structure of income tax and value added tax are addressed as well as cross discipline introductory taxation issues.
• Taxation II
Offered in the College of Accounting as part of the BCom and BBusSci degrees, particularly those for the training of Chartered Accountants. It offers teaching on South African Income Tax with reference to: gross income, exemptions, deductions, allowances, donations tax and capital gains tax; Estate Duty; Value Added tax.
Faculty of Law
• Tax Law A (LLB)
This course provides a basic entry point for further study of tax law.
Every area of the law affects understanding and practical application of tax law. The study of tax law is therefore introduced in the final stage of the LLB curriculum. Taxation is complex because it overlays all fields of the law, draws on other disciplines, transcends national borders, affects every commercial transaction and often influences societal behaviours. This course introduces the subject of tax law. It seeks to illustrate the interrelation of tax law with other fields of law by focussing on primary themes and structural challenges faced by a tax system. In much of the coursework, the emphasis will be on the South African income tax. A selection of fundamental features of the South African income tax will be considered, mainly through critical evaluation of case law. Key jurisdictional concepts comprising the source and residence basis of income taxation will be considered. The course will analyse the statutory and jurisprudential frameworks for the determination of taxable income, including the notion of income, the distinction between capital and revenue receipts and the deductibility of expenditure and losses. At the end of this course students are expected to be able to start to identify the broader relevance and impact of tax law.
• Tax Law B (LLB)
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.
- Resource Revenue Law
This course is aimed at students interested in the regulation of fiscal aspects of the natural resources sector, with a particular focus on minerals and petroleum resources taxation. The course includes a discussion of the theoretical and practical considerations that inform the structure of the regulatory framework in this sector. The obligations placed on right holders in respect of mineral and petroleum resources are set out. Management of the risks inherent to the sector in the context of taxation is also canvassed, including international tax law considerations and obligations. Domestic considerations will also be dealt with, which include key revenue and expenditure side aspects of fiscal frameworks. In addition, the relevant aspects of State contract negotiation will be discussed, setting out the relevant considerations pertaining to, for example, fiscal stability clauses, concessions and fiscal clauses in bilateral investment treaties. Other areas of taxation that are covered with a particular focus on industry features will include the distinction between source and residence taxation, the taxation of offshore exploration activities, and issues concerning transfer pricing in the sector.