Are the South African source rules fit for purpose to facilitate taxation of profits from the digital economy?

Ndinisa, Andile

Are the South African source rules fit for purpose to facilitate taxation of profits from the digital economy?

Thesis / Dissertation

2023

Abstract

This dissertation evaluates whether the South African source rules, contemplated in the Income Tax Act 58 of 19581 (the ITA), can still be relied upon in facilitating the taxation of profits from the growing digital economy. Economic activity and ways of doing business have evolved over time, however as in many countries, the South African source rules have not changed. The area of source and digital tax have provided applicability challenges. One of the major challenges identified was that the current source rules were mainly dependant on residency and physical presence. Furthermore, they would only take into account supply-side factors in determining the source of an income. The Organisation for Economic Co-operation and Development (OECD) has workable solutions to address tax challenges arising from digitalisation. Some of the proposed solution take into account both supply-side and demand-side factors when allocating profits to market jurisdictions. The study was motivated by the challenges faced by governments and policy makers in allocating taxing rights over profits from the digital economy using the existing tax laws. Arthur J. Cockfield points to arguments suggesting that the digital economy will result in inability to cumulate taxes adequately using the traditional principles.2 The research contributes to previous literature by comprehensively evaluating the South African source rules and the major technologies. The dissertation however does explore current writings on the tax challenges of the digital economy.

Keywords

Finance and Tax

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