oa Meditari : Research Journal of the School of Accounting Sciences - Constitutionality and the Income Tax Act - revisited
|Article Title||Constitutionality and the Income Tax Act - revisited|
|© Publisher:||University of Pretoria|
|Journal||Meditari : Research Journal of the School of Accounting Sciences|
|Author||L. Van Schalkwyk|
|Publication Date||Jan 2004|
|Pages||185 - 201|
|Keyword(s)||Constitution, Constitutional attack, Constitutionality, Fundamental rights, Ombudsman, Privacy, Reverse onus of proof and Search and seizure|
In 1994, after the 1993 Constitution had been adopted, the Katz Commission questioned the constitutionality of some provisions of the Income Tax Act. The purpose of this article is, firstly, to follow up on the progress made in amending the provisions concerned and, secondly, to establish reasons for the lack of success achieved by taxpayers who attack the constitutionality of certain provisions. Some progress has been made, but in this article, the author argues that SARS should amend section 104(2) of the Act. The establishment of a specialist ombudsman's office is also proposed. Such an office that could assist taxpayers to enforce their constitutional rights against the Commissioner is the essential missing element.
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