Siber Ink

Information Sheet

Title:International Tax — A South African Perspective

Authors: Olivier (ed), Brincker, Honiball

Outline

Part of the price to be paid for becoming part of the global economy again is the introduction of complex tax legislation. The days when tax could be taught or practised with complete disregard for international tax issues are gone. International tax can no longer be dealt with separately from domestic tax. This book aims to provide the reader with a thorough understanding of international income tax aspects from a South African perspective. Topics traditionally regarded as highly specialised are dealt with in a practical way, and illustrated by relevant examples. These topics include:

  • controlled foreign companies
  • foreign dividends
  • exchange controls
  • tax havens
  • intermediate holding companies
  • double taxation agreements
Some valuable features of this book include:

•a discussion of the fundamental building blocks of any international tax system

•a comparative perspective, describing similar rules of other countries including Australia, the United Kingdom, and the United States;

•an analysis of the most important interpretative difficulties arising out of the international tax legislation, especially the new regimes such as the controlled foreign company rules;

•a liberal use of examples to illustrate the operation of specific rules; and

•selective critiques of the international tax legislation and its underlying policy.

Target Market

Tax consultants & planners; Accountants and auditors; Lawyers; Corporate Legal Advisors; Students of tax law.

247 x 171 mm / 516 pp / paperback / ISBN 0-9584540-4-3 /Price: R675.00 / Publication date: April 2003

About the authors

Lynette Olivier (General Editor and Author) (BA (law) (cum laude) LLB (cum laude) (Stellenbosch), LLM (cum laude) LLD (RAU), H Dip Tax (cum laude) (Wits))

Lynette is an Advocate of the High Court of South Africa and Professor of Law at the Rand Afrikaans University, where she is the Course Director for the LLM in Taxation and the Higher Diploma in International Tax, as well as the Moderator for the Diploma in Tax Practice. Previously a Tax Consultant with PricewaterhouseCoopers, Lynette is now the CEO of the SARS Service Monitoring Office. She is the author and co-author of several tax publications, and an experienced seminar speaker.

Michael Honiball (BA LLB (Stellenbosch), LLM (tax law) (RAU), H Dip Tax Law (RAU), Corporate Law Diploma (RAU)) is the head of international tax at KPMG, South Africa.

Michael has gained extensive corporate and international tax experience since 1991, especially in the areas of mergers and acquisitions, corporate restructures, inbound and outbound investment and more recently, Capital Gains Tax. He has attended numerous international tax courses in various European countries and has published tax articles in local and international tax publications.

Michael has been one of the principal lecturers on the H Dip Tax/LLM tax course of the University of the Witwatersrand for the past 5 years and was instrumental in developing the Higher Diploma in International Tax at RAU and continues to be one of the principal lecturers on this course. Michael also lectures the international tax portion of the MCom (Tax) at RAU, and some of the international tax lectures for the LLM (Tax) at RAU.

Emil Brincker (BCom (cum laude), LLB (cum laude), LLM (cum laude), LLD (Stellenbosch), HDipTax (cum laude) (RAU))

Emil is an admitted attorney and a director of Edward Nathan Friedland (Pty) Ltd. He is a specialist in tax matters, and is involved in consulting on structured finance transactions, corporate reorganisations, tax litigation and negotiations with SARS. In addition to this he is a Member of the Special Board for Tax Appeals.

Emil has published numerous articles on company law and taxation matters. He has been a part-time professor of law at the Rand Afrikaans University since 1999, and is the co-presenter of the H Dip Tax and the Higher Diploma in International Tax there, as well as a guest lecturer on the tax law LLM offered by the university.

Endorsements

“This book is a formidable piece of work. I congratulate the authors on their achievement and I commend the book to anyone with an interest in South Africa’s international tax system.” — Professor Brian Arnold, Toronto

TABLE OF CONTENTS

1Overview

2Jurisdiction to tax

3Unilateral tax relief

4The taxation of companies and dividends

5Royalties

6The use and abuse of tax havens

7Intermediary holding companies

8Trusts

9Payment of international tax obligations

10Controlled foreign corporations

11Transfer pricing and thin capitalisation

12Exchange control

13The conclusion and force of double taxation agreements

14OECD Model Tax Convention: Articles 1—6

15OECD Model Tax Convention: Articles 7—13

16OECD Model Tax Convention: Articles 14—23

17OECD Model Tax Convention: Articles 24—31

Siber Ink ORDER FORM:
Olivier et al — International Tax — A South African Perspective

Fax to 021 701 7302

Company Name:______

Address:______

______

______Post code: ______

Telephone:(______) ______Fax:(_____) ______

e-mail:______

Number of copies:______

PRINTED NAME of authorised representative:
______
Signature of authorised representative:
______

Date: ______

Single copy price: R675.00 (including VAT)

Please note that postage and packaging (p&p) will be charged additionally. The cost of p&p will depend on the number of copies ordered, and will be R25.00 for a single copy.

Olivier et al:International Tax – A South African PerspectivePage 1 of 3

ORDERS can be placed through Siber Ink (e-mail ). Please note that these will be fulfilled and invoiced direct by the distributors, Blue Weaver Marketing (fax 021 – 701 7302). Stock will be carried by most major law bookshops. Orders can also be placed on the internet at

Published by: SIBER INK CC – PO BOX 44754, Claremont 7735 – reg no CK2000/010470/23 – Member: Simon Sephton