The Brummeria judgment: a comprehensive discourse on this case and its application to interest free loans granted to trusts

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dc.contributor.advisorDavis, Dennis
dc.contributor.authorBeattie, Lisa Claire
dc.date.accessioned2026-03-17T11:02:02Z
dc.date.available2026-03-17T11:02:02Z
dc.date.issued2010
dc.date.updated2026-03-16T11:41:29Z
dc.description.abstractIn September 2007, the world of South African tax planning received an unexpected judgment in the income tax case of the Commissioner for South African Revenue Service v Brummeria Renaissance (Phj) Ltd and others2. The reason why the decision in this case caused much controversy was because it ran counter to the long-held belief that interest-free loans are not taxable in the hands of the borrower. Rather, it may now be possible for the Commissioner for South African Revenue Services to impute a notional income on the borrower. This paper seeks to examine whether or not this is appropriate and in which circumstances this is applicable. The raison deter why the judgment was unexpected was due to the fact that taxing notional income is contrary to what was held by Feetham JA in the Butcher Brothers case3 where in the context of lease premiums, the consideration had to have an "ascertainable money value, and not merely a conjectural value"
dc.identifier.apacitationBeattie, L. C. (2010). <i>The Brummeria judgment: a comprehensive discourse on this case and its application to interest free loans granted to trusts</i>. (). University of Cape Town ,Faculty of Law ,Centre for Law and Society. Retrieved from http://hdl.handle.net/11427/42992en_ZA
dc.identifier.chicagocitationBeattie, Lisa Claire. <i>"The Brummeria judgment: a comprehensive discourse on this case and its application to interest free loans granted to trusts."</i> ., University of Cape Town ,Faculty of Law ,Centre for Law and Society, 2010. http://hdl.handle.net/11427/42992en_ZA
dc.identifier.citationBeattie, L.C. 2010. The Brummeria judgment: a comprehensive discourse on this case and its application to interest free loans granted to trusts. . University of Cape Town ,Faculty of Law ,Centre for Law and Society. http://hdl.handle.net/11427/42992en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Beattie, Lisa Claire AB - In September 2007, the world of South African tax planning received an unexpected judgment in the income tax case of the Commissioner for South African Revenue Service v Brummeria Renaissance (Phj) Ltd and others2. The reason why the decision in this case caused much controversy was because it ran counter to the long-held belief that interest-free loans are not taxable in the hands of the borrower. Rather, it may now be possible for the Commissioner for South African Revenue Services to impute a notional income on the borrower. This paper seeks to examine whether or not this is appropriate and in which circumstances this is applicable. The raison deter why the judgment was unexpected was due to the fact that taxing notional income is contrary to what was held by Feetham JA in the Butcher Brothers case3 where in the context of lease premiums, the consideration had to have an "ascertainable money value, and not merely a conjectural value" DA - 2010 DB - OpenUCT DP - University of Cape Town KW - loan agreements KW - trusts KW - brummeria judgement LK - https://open.uct.ac.za PB - University of Cape Town PY - 2010 T1 - The Brummeria judgment: a comprehensive discourse on this case and its application to interest free loans granted to trusts TI - The Brummeria judgment: a comprehensive discourse on this case and its application to interest free loans granted to trusts UR - http://hdl.handle.net/11427/42992 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/42992
dc.identifier.vancouvercitationBeattie LC. The Brummeria judgment: a comprehensive discourse on this case and its application to interest free loans granted to trusts. []. University of Cape Town ,Faculty of Law ,Centre for Law and Society, 2010 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/42992en_ZA
dc.language.isoen
dc.language.rfc3066eng
dc.publisher.departmentCentre for Law and Society
dc.publisher.facultyFaculty of Law
dc.publisher.institutionUniversity of Cape Town
dc.subjectloan agreements
dc.subjecttrusts
dc.subjectbrummeria judgement
dc.titleThe Brummeria judgment: a comprehensive discourse on this case and its application to interest free loans granted to trusts
dc.typeThesis / Dissertation
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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