A taxing assessment

Paul Nkoane

Journal of Financial Crime, 2019, vol. 26, issue 1, 293-312

Abstract: Purpose - The purpose of this paper is to enlighten the reader about the development in tax law. Moreover, the author intends to show that other measures could be implemented to supplement the existing machinery. Design/methodology/approach - The paper explores the duty vested in the courts to probe the merits of transactions meant to evade or avoid the burden of tax. So much of the text is based on case law. The methodology is based on literature research rather interpersonal research. Findings - The paper highlights that the current tax machinery has solved a number of tax issues. However, the machinery has not addressed the problem of fraud committed in the banking sector. The paper therefore recommends solutions to this problem. Research limitations/implications - The paper was formulated before the current tax laws where implemented. The current law contains the solution this study advanced. In a sense, this study examines the impact of the current law and the duty of the court to probe the merits of impeachable transactions. Practical implications - The study would give the legislature food for thought and would also guide the courts with matters of tax fraud. Originality/value - Though the original recommendations form part of the current statute, this study is still immensely original in delivery and thought. It provide not only an original influence on the court but also the legislature with original solution to the existing problem.

Keywords: Banking law; Tax fraud; Tax evasion; Tax avoidance; Forfeiture; Tax laws (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jfcpps:jfc-09-2017-0085

DOI: 10.1108/JFC-09-2017-0085

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