Skip to main content
Contribution to Book
The International Tax Environment and Simplification of South African Tax Legislation: A Double-Edged Sword
Submitted for publication in C. Evans, R. Franzsen, E. Stack (eds.). Tax Simplification: An African Perspective (forthcoming 2019)
  • Jinyan Li, Osgoode Hall Law School of York University
  • Teresa Pidduck, University of Pretoria
Document Type
Book Chapter
Publication Date
1-1-2019
Keywords
  • Tax law,
  • Tax legislation,
  • International tax law,
  • South Africa,
  • Tax problems,
  • Taxpayers
Disciplines
Abstract

In this paper, we examine the relationship between the international tax environment and legislative complexity in South Africa’s international tax system. We suggest that the international tax environment is a double-edged sword. It causes complexity in South Africa’s tax legislation as it largely responds to the needs of OECD countries and produces tax rules to deal with ‘sophisticated’ tax problems and taxpayers (such as multinational enterprises). When such rules are transplanted into South Africa, they are typically more complex than local rules dealing with local taxpayers. On the other hand, the international tax environment offers ideas for ‘scientific’ drafting of South Africa’s tax legislation, which may lead to simplification and enhanced effectiveness in tax compliance and administration. We contribute to the literature on tax simplification by focusing on legislative complexity and distinguishing between intrinsic complexity and drafting-led complexity. We recommend ways of legislative simplification by drawing on the international tax environment.

Citation Information
Jinyan Li and Teresa Pidduck. "The International Tax Environment and Simplification of South African Tax Legislation: A Double-Edged Sword" Submitted for publication in C. Evans, R. Franzsen, E. Stack (eds.). Tax Simplification: An African Perspective (forthcoming 2019) (2019)
Available at: http://works.bepress.com/jinyan_li/164/