The Resource Commissioner for the South African Revenue Service v Krok and another : case number 1319/13

Commissioner for the South African Revenue Service v Krok and another : case number 1319/13

Label
Commissioner for the South African Revenue Service v Krok and another : case number 1319/13
Title
Commissioner for the South African Revenue Service v Krok and another : case number 1319/13
Contributor
Subject
Language
eng
Summary
Judgment by the High Court of South Africa (North Guateng High Court), judgment date 31 January 2014. The taxpayer was a resident in South Africa until he emigrated to Australia in 2002 where he remained six years before deciding to move to the UK in 2008. On leaving South Africa he was required under the South African exchange control regime to place certain assets under the control of a registered foreign exchange dealer. The Australian Tax Office (ATO) charged the taxpayer with tax in respect of certain years when he was resident in Australia on the basis that he remained the legal and beneficial owner of assets in the blocked accounts. In January 2012 the ATO asked for assistance from the South African Revenue Service (SARS) in the collection of taxes that arose in the period of the taxpayer's residence in Australia from 2002 to 2008. A double taxation convention between Australia and South Africa had been concluded in 1999, which contained no provision for assistance in the cross-border collection of taxes. On 31 March 2008 a protocol was signed which entered into force in November 2008 and which inserted a new Article 25A providing for cross-border assistance. The taxpayer argued, inter alia, that the 2008 Protocol was not retroactive in effect and could not apply to taxes that arose in the period from 2002 to 2008
Citation source
In: International tax law reports. - London. - Vol. 16 (2014),
Geographic coverage
Africa
Language note
English
http://library.link/vocab/relatedWorkOrContributorName
Baker, P
http://library.link/vocab/subjectName
  • case law
  • tax treaty
  • foreign exchange control
  • capital gains tax
  • beneficial ownership
  • collection of tax
  • enforcement
Label
Commissioner for the South African Revenue Service v Krok and another : case number 1319/13
Instantiates
Publication
Label
Commissioner for the South African Revenue Service v Krok and another : case number 1319/13
Publication

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