The tax effect of terms of financing instruments

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Pieter van der Zwan

Crookes Brothers Limited v C:SARS is a rare case that deals with South African transfer pricing. The court considered the application of an exemption for equity-like loans and concluded that loans that could be payable within 30 years from the date advanced in certain circumstances did not qualify for the exemption. The reasoning followed may be relevant to consider when interpreting other provisions that also aim to distinguish between debt- or equity-type of instruments.

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