Author: E. Bell
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
This article develops a standalone place of activity section for the VAT Act to align South Africa's place of supply rules with those of other jurisdictions. This proposed legislative provision should adhere to the OECD Guidelines to increase certainty and to minimise the potential for cross-border supplies involving South Africa to be subject to double taxation or unintended double non-taxation. The article is organised as follows: section 2 considers the VAT system in South Africa in order to provide the appropriate context, followed by an analysis of the place of supply rules as they apply in South Africa, Australia and New Zealand. Section 2 concludes with an initial proposed place of activity section, which was discussed with five South African VAT experts. Section 3 examines the results of the consultative process, making use of a thematic analysis of the open-ended questions. The final section (section 4) concludes with a refined legislative provision that could be used by National Treasury to introduce place of activity rules into the VAT Act as a standalone provision, in addition to the other provisions that have already been implemented.