n Meditari : Research Journal of the School of Accounting Sciences - Section 80A(c)(ii) of the Income Tax Act and the interpretation of tax statutes in South Africa
|Article Title||Section 80A(c)(ii) of the Income Tax Act and the interpretation of tax statutes in South Africa|
|© Publisher:||University of Pretoria|
|Journal||Meditari : Research Journal of the School of Accounting Sciences|
|Author||L. Van Schalkwyk and B. Geldenhuys|
|Publication Date||Jan 2009|
|Pages||167 - 185|
|Keyword(s)||Constitution, GAAR, Misuse or abuse, Modern approach, Section 245(4), Section 80A(c)(ii), Spirit of the law, Statutory interpretation and Traditional approach|
Section 80A(c)(ii) of the Income Tax Act 58 of 1962, as amended (the Act), introduced a new concept to the South African income tax environment: misuse or abuse of the provisions of the Act, including Part IIA thereof. According to the Revised Proposals on Tax Avoidance and section 103 of the Income Tax Act 58 of 1962 (Revised Proposals) the rationale behind the insertion of section 80A(c)(ii) was to reinforce the modern approach to the interpretation of tax statutes "in order to find the meaning that harmonizes the wording, object, spirit and purpose of the provisions of the Income Tax Act". The objective of this article is to examine the rationale behind section 80A(c)(ii) of the Act.
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