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

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dc.contributor.advisorRoeleveld, Jenniferen_ZA
dc.contributor.authorAugustin, Natalieen_ZA
dc.date.accessioned2016-09-14T12:50:47Z
dc.date.available2016-09-14T12:50:47Z
dc.date.issued2016en_ZA
dc.description.abstractSouth 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.identifier.apacitationAugustin, 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/11427/21750en_ZA
dc.identifier.chicagocitationAugustin, 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/11427/21750en_ZA
dc.identifier.citationAugustin, 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.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
dc.identifier.urihttp://hdl.handle.net/11427/21750
dc.identifier.vancouvercitationAugustin 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/11427/21750en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Finance and Taxen_ZA
dc.publisher.facultyFaculty of Commerceen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherTaxationen_ZA
dc.titleFactors to be considered when establishing the place of effective management in a digital economyen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameMComen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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