Legal Uncertainty in the South African VAT

Marius van Oordt, Rick Krever

Research output: Chapter in Book/Conference paperChapter

Abstract

A significant cause of compliance costs for taxpayers is legal uncertainty resulting from ambiguity in the law and indistinct borders between differing tax rules. The self-assessment principles found in most modern tax systems require taxpayers to interpret the law, with the risk of penalties if their interpretation proves incorrect. The costs of establishing a correct interpretation may be significant. This paper reports the findings of a study undertaken to find the main areas of uncertainty in the South African value added tax (VAT) law as indicated by queries by tax advisors and tax disputes elevated to the courts. Five areas of VAT law were found to be primary sources of uncertainty. In some instances, uncertainty is attributable to structural features of the law. Legislative amendment may be required to address the problem in these instances. Other sources of uncertainty include taxpayer ignorance or poor guidance by tax authorities. Administrative measures to clarify the operation of the law may be sufficient to reduce uncertainty and consequently compliance costs in these cases.
Original languageEnglish
Title of host publicationTax Simplification
Subtitle of host publicationAn African Perspective
EditorsChris Evans, Riel Franzsen, Elizabeth (Lilla) Stack
Place of PublicationSouth Africa
PublisherPretoria University Law Press
Chapter7
Pages159-176
Number of pages18
ISBN (Print)978-1-920538-96-5
Publication statusPublished - 2019

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value added tax
uncertainty
taxes
tax law
Law
tax advisor
costs
interpretation
tax system
self-assessment
amendment
penalty
cause

Cite this

van Oordt, M., & Krever, R. (2019). Legal Uncertainty in the South African VAT. In C. Evans, R. Franzsen, & E. L. Stack (Eds.), Tax Simplification: An African Perspective (pp. 159-176). South Africa: Pretoria University Law Press.
van Oordt, Marius ; Krever, Rick. / Legal Uncertainty in the South African VAT. Tax Simplification: An African Perspective. editor / Chris Evans ; Riel Franzsen ; Elizabeth (Lilla) Stack. South Africa : Pretoria University Law Press, 2019. pp. 159-176
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van Oordt, M & Krever, R 2019, Legal Uncertainty in the South African VAT. in C Evans, R Franzsen & EL Stack (eds), Tax Simplification: An African Perspective. Pretoria University Law Press, South Africa, pp. 159-176.

Legal Uncertainty in the South African VAT. / van Oordt, Marius; Krever, Rick.

Tax Simplification: An African Perspective. ed. / Chris Evans; Riel Franzsen; Elizabeth (Lilla) Stack. South Africa : Pretoria University Law Press, 2019. p. 159-176.

Research output: Chapter in Book/Conference paperChapter

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AB - A significant cause of compliance costs for taxpayers is legal uncertainty resulting from ambiguity in the law and indistinct borders between differing tax rules. The self-assessment principles found in most modern tax systems require taxpayers to interpret the law, with the risk of penalties if their interpretation proves incorrect. The costs of establishing a correct interpretation may be significant. This paper reports the findings of a study undertaken to find the main areas of uncertainty in the South African value added tax (VAT) law as indicated by queries by tax advisors and tax disputes elevated to the courts. Five areas of VAT law were found to be primary sources of uncertainty. In some instances, uncertainty is attributable to structural features of the law. Legislative amendment may be required to address the problem in these instances. Other sources of uncertainty include taxpayer ignorance or poor guidance by tax authorities. Administrative measures to clarify the operation of the law may be sufficient to reduce uncertainty and consequently compliance costs in these cases.

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van Oordt M, Krever R. Legal Uncertainty in the South African VAT. In Evans C, Franzsen R, Stack EL, editors, Tax Simplification: An African Perspective. South Africa: Pretoria University Law Press. 2019. p. 159-176