Factors to be considered when establishing the place of effective management in a digital economy

 

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dc.contributor.advisor Roeleveld, Jennifer en_ZA
dc.contributor.author Augustin, Natalie en_ZA
dc.date.accessioned 2016-09-14T12:50:47Z
dc.date.available 2016-09-14T12:50:47Z
dc.date.issued 2016 en_ZA
dc.identifier.citation Augustin, N. 2016. Factors to be considered when establishing the place of effective management in a digital economy. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/21750
dc.description.abstract South Africa applies a residence-based tax system and accordingly a legal person or company is regarded as tax resident in South Africa if it is incorporated, established or formed in South Africa or if it has its place of effective management (POEM) in South Africa. Further, the POEM test is also used as the 'tie-breaker' rule in double taxation agreements (DTA's), which are based on the Organisation for Economic Co-operation and Development Model Tax Convention on Income and Capital and the Commentary thereto (OECD, OECD MTC, and OECD Commentary). The concept 'POEM' has never been defined for tax purposes, not in a South African context, neither internationally. Thus, when ascribing a meaning thereto, one is left to consider the South African Revenue Service's (SARS) interpretation and the OECD's interpretation thereof. Currently SARS considers the POEM to be located where policy and strategic decisions are executed and implemented by a company's senior management. On the other hand, the OECD considers the POEM to be where key management and commercial decisions of an entity's business as a whole are in substance made (it appears SARS is also leaning towards this interpretation, based on the most recent draft interpretation note released). en_ZA
dc.language.iso eng en_ZA
dc.subject.other Taxation en_ZA
dc.title Factors to be considered when establishing the place of effective management in a digital economy en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Commerce en_ZA
dc.publisher.department Department of Finance and Tax en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname MCom en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Augustin, N. (2016). <i>Factors to be considered when establishing the place of effective management in a digital economy</i>. (Thesis). University of Cape Town ,Faculty of Commerce ,Department of Finance and Tax. Retrieved from http://hdl.handle.net/11427/21750 en_ZA
dc.identifier.chicagocitation Augustin, Natalie. <i>"Factors to be considered when establishing the place of effective management in a digital economy."</i> Thesis., University of Cape Town ,Faculty of Commerce ,Department of Finance and Tax, 2016. http://hdl.handle.net/11427/21750 en_ZA
dc.identifier.vancouvercitation Augustin N. Factors to be considered when establishing the place of effective management in a digital economy. [Thesis]. University of Cape Town ,Faculty of Commerce ,Department of Finance and Tax, 2016 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/21750 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Augustin, Natalie AB - South Africa applies a residence-based tax system and accordingly a legal person or company is regarded as tax resident in South Africa if it is incorporated, established or formed in South Africa or if it has its place of effective management (POEM) in South Africa. Further, the POEM test is also used as the 'tie-breaker' rule in double taxation agreements (DTA's), which are based on the Organisation for Economic Co-operation and Development Model Tax Convention on Income and Capital and the Commentary thereto (OECD, OECD MTC, and OECD Commentary). The concept 'POEM' has never been defined for tax purposes, not in a South African context, neither internationally. Thus, when ascribing a meaning thereto, one is left to consider the South African Revenue Service's (SARS) interpretation and the OECD's interpretation thereof. Currently SARS considers the POEM to be located where policy and strategic decisions are executed and implemented by a company's senior management. On the other hand, the OECD considers the POEM to be where key management and commercial decisions of an entity's business as a whole are in substance made (it appears SARS is also leaning towards this interpretation, based on the most recent draft interpretation note released). DA - 2016 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2016 T1 - Factors to be considered when establishing the place of effective management in a digital economy TI - Factors to be considered when establishing the place of effective management in a digital economy UR - http://hdl.handle.net/11427/21750 ER - en_ZA


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