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LIMITATION OF SCOPE
This study focuses on the taxation of the gratuitous transfer of wealth. Other transfer taxes, such as the tax payable on the transfer of immovable property (known in South Africa as transfer duty) or shares and securities (known in South Africa as a securities transfer tax), are therefore specifically excluded from this study.
It should furthermore be noted that this study is limited to the taxation of the gratuitous transfer of capital, and not the ownership or profit of capital, which are accommodated in taxes such as periodic net wealth taxes or capital gains taxes. Although a reference to the treatment of capital gains tax on death and the making of a donation is necessary to assess whether it can serve as an alternative to wealth transfer taxation (this is also undertaken in order to provide a more complete view of the tax system as a whole), capital gains taxation in South Africa will be referred to where relevant and will not be critically assessed.
Chapter 7 outlines a number of significant problem areas that exist under the current South African wealth transfer tax system. This is done mainly to assess whether the current transferor-based approach should be replaced by a recipient-based approach.
However, this study will not attempt to provide solutions for all these issues. Aspects of compliance and tax administration are also generally excluded from the focus of this study.
This thesis does not take into account any development in the law that occurred after 1 January 2010.
CHAPTER 1: INTRODUCTION
1.1 BACKGROUND AND PURPOSE OF STUDY.
1.2 EXPOSITION
1.3 LIMITATION OF SCOPE
CHAPTER 2: THE HISTORICAL DEVELOPMENT, OBJECTIVES AND POLICY CONSIDERATIONS OF TAXATION IN GENERAL.
2.1 INTRODUCTION
2.2 A GENERAL ORIENTATION TO TAXATION AND AN OVERVIEW
OF THE TAXATION OF INCOME, WEALTH AND CONSUMPTION .
2.3 OBJECTIVES OF TAXATION
2.4 TAX POLICY CONSIDERATIONS.
2.5 CONCLUSIONS.
CHAPTER 3: THE HISTORICAL DEVELOPMENT OF THE TAXATION OF WEALTH TRANSFERS
3.1 INTRODUCTION .
3.2 THE INTERNATIONAL HISTORICAL DEVELOPMENT OF WEALTH TRANSFER TAXATION IN SELECTED COUNTRIES: A BRIEF OVERVIEW.
3.3 THE HISTORICAL DEVELOPMENT OF WEALTH TRANSFER TAXATION IN SOUTH AFRICA: A BRIEF OVERVIEW.
3.4 CONCLUSIONS
CHAPTER 4: THE CONCEPTUAL JUSTIFICATION FOR THE TAXATION OF WEALTH TRANSFERS.
4.1 INTRODUCTION
4.2 THE FUNDAMENTAL PHILOSOPHICAL DEBATE: THE LEGITIMACY OF RESTRICTIONS ON INHERITANCES.
4.3 THE OBJECTIVES DEBATE.
4.4 THE TAX POLICY DEBATE
4.5 POLITICAL CONSIDERATIONS
4.6 CONCLUSIONS.
CHAPTER 5: A CONTEMPORARY OVERVIEW OF DONATIONS TAX IN SOUTH AFRICA
5.1 INTRODUCTION
5.2. TAX BASE
5.3 VALUATION.
5.4 TAXPAYER AND PAYMENT OF THE TAX
5.5 RELIEF MECHANISMS
5.6 TREATMENT OF TRUSTS
5.7 GENERAL ANTI-AVOIDANCE RULE
5.8 CAPITAL GAINS TAX
5.9 CONCLUSIONS.
CHAPTER 6: A CONTEMPORARY OVERVIEW OF ESTATE DUTY IN SOUTH AFRICA
CHAPTER 7: POLICY ISSUES AND PROBLEMATIC ASPECTS RELATING TO THE SOUTH AFRICAN WEALTH TRANSFER TAX SYSTEM
CHAPTER 8: WEALTH TRANSFER TAXATION IN THE UNITED KINGDOM.
CHAPTER 9: WEALTH TRANSFER TAXATION IN THE NETHERLANDS
CHAPTER 10: WEALTH TRANSFER TAXATION IN IRELAND
