• ep-100-technical-articles

Applying An Ethical Benchmark To Tax Planning (Part 3 of 3)

Part 1 of the article , published in CA Lab in May, set out tax planning arrangements that are regarded as legitimate and within the scheme and purpose of the tax statute, using the Supplementary Retirement Scheme and tax exemption accorded by the Estate Duty Act as examples where the general anti-avoidance statutory provisions (“GAAR” for general anti-avoidance rule) is not to be invoked. However, there are other “tax planning” moves made by taxpayers in an attempt to avoid liability to tax which may not be within the scheme and purpose of the tax statute. In Part 2 , we looked at the terms “tax evasion” and “tax avoidance” and how they can lead to quite distinctively different consequences. Here, we continue the discussion with illustrations of tax avoidance.

Please click here for full publication.