The taxation of illegal receipts. A pyramid of problems! A discussion on ITC 1789 (Income Tax Court - Natal)

dc.contributor.authorMuller, Elzette
dc.date.accessioned2008-05-12T12:59:11Z
dc.date.available2008-05-12T12:59:11Z
dc.date.issued2007
dc.description.abstractThe question whether or not income which is received by a taxpayer in the course of carrying on illegal activities should be regarded as being received by or accrued to such taxpayer for purposes of assessing such person’s gross income has been an object of debate, both in South Africa and abroad. A recent case on this topic, ITC 1789 (67 SATC 205), which will be discussed hereunder, once again highlighted the uncertain treatment of illegal income for purposes of income tax. The case concerned the inclusion of proceeds from a pyramid scheme, deposits as well as commissions, as gross income in the hands of the scheme perpetrators. Although this discussion will focus on the said case, the history of cases that have dealt with the concept of “beneficial receipt” will be set out to provide a clear understanding of how the law has been applied and will set the background for determining whether or not the case under discussion has been correctly decided.en
dc.format.extent11697 bytes
dc.format.mimetypeapplication/pdf
dc.identifier.citationMuller, E 2007, 'The taxation of illegal receipts. A pyramid of problems! A discussion on ITC 1789 (Income Tax Court - Natal)', Obiter, vol. 28, no. 1, pp. 166-181. [http://www.journals.co.za/ej/ejour_obiter.html]en
dc.identifier.issn1682-5853
dc.identifier.urihttp://hdl.handle.net/2263/5234
dc.language.isoenen
dc.publisherFaculty of Law, University of Port Elizabethen
dc.rightsFaculty of Law, University of Port Elizabeth. The publisher prohibits open access to the full text of this articleen
dc.subjectTaxationen
dc.subjectIllegal receiptsen
dc.subject.lcshIncome tax -- Law and legislation -- South Africaen
dc.subject.lcshIncome tax -- Law and legislation -- South Africa -- Casesen
dc.titleThe taxation of illegal receipts. A pyramid of problems! A discussion on ITC 1789 (Income Tax Court - Natal)en
dc.typeArticleen

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