Transfer Pricing in South Africa: Constitutional or Unconstitutional?

2009 ◽  
Author(s):  
Daniel N. Erasmus
Keyword(s):  
South Africa ◽  
Transfer Pricing

scholarly journals Transfer pricing as strategic planning tool for multinational enterprises in a post-isolation South Africa

2002 ◽  
Vol 5 (3) ◽  
pp. 683-710
Author(s):  
Petri Schutte ◽  
Jozua Loots
Keyword(s):  
South Africa ◽  
Multinational Enterprises ◽  
Transfer Pricing ◽  
Import Substitution ◽  
Global Market ◽  
Trade Liberalisation ◽  
Global Competitiveness ◽  
National Regulation ◽  
Length Standard ◽  
National Tax

Political and trade liberalisation leads to irrevocable change, exposing South Africa to the demands of the dynamic global market, driven by a deluge of competitive forces, demanding world-class, global competitiveness. The challenge facing South African organisations is to successfully transform in an economy undergoing structural change, moving away from import substitution to global competitiveness. Historically, stringent exchange controls prevented profits to emigrate from South Africa. Trade liberalisation necessitates the introduction of transfer pricing legislation to protect the national tax base. Application of transfer pricing in practice is complex, information constraints compel the use of foreign comparables in determining a reward consistent with the arm's length standard, challenging objectiveness and risk adjustment. Strategic opportunities exist if transfer pricing is not entrenched in national regulation compliance.

scholarly journals SELECTED CHALLENGES AFFECTING THE RETROACTIVE TRANSFER PRICING ADJUSTMENTS OF IMPORTED GOODS IN SOUTH AFRICA

Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
Howard Chitimira ◽  
Oratile Maselwa
Keyword(s):  
South Africa ◽  
Multinational Enterprises ◽  
Transfer Pricing ◽  
Policy Makers ◽  
Overview Analysis ◽  
Regulatory Challenges

The article analyses selected challenges associated with retroactive transfer pricing adjustments of imported goods under the Customs and Excise Act 91 of 1964 (Customs and Excise Act). This is done in order to examine the regulatory challenges affecting retroactive transfer pricing adjustments and customs valuation processes of imported goods under the Customs and Excise Act. Thus, the enforcement of retroactive transfer pricing adjustments of imported goods for Multinational Enterprises (MNEs) is scrutinised in terms of the Customs and Excise Act. To this end, the article provides an overview analysis of selected regulatory and related challenges affecting retroactive transfer pricing adjustments and actual valuation processes of imported goods within different MNEs in South Africa. Accordingly, the article explores selected challenges in order to recommend possible remedies and measures that could be employed by policy makers to enhance the regulatory and enforcement framework under the Customs and Excise Act.

The fight against international transfer pricing abuses: a recommendation for Mauritius

2019 ◽  
Vol 61 (1) ◽  
pp. 205-231 ◽  
Author(s):  
Ambareen Beebeejaun
Keyword(s):  
South Africa ◽  
Multinational Enterprises ◽  
Transfer Pricing ◽  
Tax Avoidance ◽  
Legal Framework ◽  
Content Type ◽  
Legal Provisions ◽  
Transfer Prices ◽  
To Come ◽  
A Minor

Purpose One of the most common forms of international tax avoidance is transfer pricing by multinational enterprises. The research will investigate on the factors that contribute to transfer pricing abuses. At present, there is no substantial and extensive transfer pricing rule in Mauritius. This paper aims to analyse the legal approaches to tackle transfer pricing issues that are undertaken by some countries whose taxation regime is similar to Mauritius. The selected countries are South Africa and UK. The objective behind the comparative study is to come up with the appropriate preventive and corrective measures for Mauritius. Design/methodology/approach The methodology adopted for this research consists of a critical analysis and comparative legal review of the relevant legislation, case law and literature. A minor quantitative analysis of the transfer pricing problem in Mauritius will be conducted, in terms of which interviews will be conducted with officials from different institutions in Mauritius. Findings The study will conclude that the absence of explicit formal rules on transfer pricing allows businesses to use the country to manipulate transfer prices to avoid paying taxes. Therefore, an amendment to Mauritius laws and regulatory framework is required to dissuade multinationals to engage in transfer pricing abuses. The study will conclude that the scope and application of the arm’s length principle needs to be formally set out in legislation and also, the use of Advance Pricing Agreements will also be recommended. Originality/value The research is among the first studies that compare Mauritius legal provisions on transfer pricing with that of South Africa and UK. The research is unique as it intends to provide fruitful recommendation to stakeholders in Mauritius to enhance the existing legal framework on the subject.

scholarly journals An exploratory survey of transfer pricing in selected South African listed companies

1989 ◽  
Vol 20 (1) ◽  
pp. 27-31
Author(s):  
A. A.P.C. Geboers ◽  
E. O. Uliana ◽  
P. B. Dugmore
Keyword(s):  
South Africa ◽  
Control Systems ◽  
South African ◽  
Questionnaire Survey ◽  
Transfer Pricing ◽  
Management Control ◽  
Management Control Systems ◽  
Interesting Difference ◽  
Pricing System ◽  
Exploratory Survey

The use of transfer pricing among certain sectors of the JSE is investigated by means of a questionnaire survey. Information regarding the transfer pricing methods used and the management control systems applicable to those prices was requested. Where appropriate, comparison with similar studies carried out in other countries was made. Findings are largely in keeping with the position generally suggested by the literature. However, one particularly interesting difference between this study and comparable surveys carried out overseas is that in South Africa the minimization of tax is ranked relatively lower as an objective of the transfer pricing system. Another notable finding is that while transfer pricing among the companies that indicated they were using it, appears to be at a sophisticated level, a large proportion of the companies surveyed indicated that they did not use transfer pricing even though they could have been expected to be operating on a decentralized basis.

Time and Latitude in South Africa

1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Astronomical Observations ◽  
Royal Observatory ◽  
The Republic ◽  
Astronomical Determination ◽  
Limited Accuracy ◽  
Better Than

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.

Combining Professional Interests and Travel: People to People Citizen Ambassador Program

2011 ◽  
Vol 1 (2) ◽  
pp. 47-54
Author(s):  
Alex Johnson ◽  
Amanda Hitchins
Keyword(s):  
South Africa ◽  
Health Education ◽  
Communication Disorders ◽  
Social Conditions ◽  
Speech Language Pathologists ◽  
Exchange Program

Abstract This article summarizes a series of trips sponsored by People to People, a professional exchange program. The trips described in this report were led by the first author of this article and include trips to South Africa, Russia, Vietnam and Cambodia, and Israel. Each of these trips included delegations of 25 to 50 speech-language pathologists and audiologists who participated in professional visits to learn of the health, education, and social conditions in each country. Additionally, opportunities to meet with communication disorders professionals, students, and persons with speech, language, or hearing disabilities were included. People to People, partnered with the American Speech-Language-Hearing Association (ASHA), provides a meaningful and interesting way to learn and travel with colleagues.

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