TAX2601 LATEST EXAM PACK With All The Answers 2021
TAX2601 LATEST EXAM PACK with All the Answers 2021
Exam (elaborations)
TAX2601 LATEST EXAM PACK with All the Answers 2021 Update
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TAX2601 LATEST EXAM PACK with All the Answers 2021
Institution
TAX2601 LATEST EXAM PACK With All The Answers 2021
MODULE NOTES Introduction As Benjamin Franklin once part it “if you do not want to be taxed, never get born.” Governments exist to fill the void that would exist if everything was left to private individuals. No one would concerned with other people’s issues so long as it does not affect them...
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MODULE NOTES
Introduction
As Benjamin Franklin once part it “if you do not want to be taxed, never get born.”
Governments exist to fill the void that would exist if everything was left to private individuals. No
one would concerned with other people’s issues so long as it does not affect them. Think of
goods like provisions of road and e-toll, if you can pay you will not be able to use the road
governments exist so that everyone in society is concerned for. To provide those essential
services government need money to do that and governments get their money through taxation,
which is part of the laws government use.
To be proficient in taxation are needs to understand the law and how the various governmental
agencies apply them and how courts interpret those laws whenever a question of the law arises
between a person and the Governmental agencies charged with Enforcing those laws. Tax laws
are enforced by SARS through the commissioner.
The Laws of the country are subject to the Constitution of the South Africa and the Bill of Rights
of South Africa, that is all Laws and regulations must obey the spirit of the Constitution or they
will be void. Law are enacted by parliament after they have been debated as bills, after they
have been enacted by parliament they are signed by the President into Law. Parliament enacts
Laws by statute.
Application and Interpretation of the Law
When Laws are being interpreted, they are interpreted literally unless such literal
interpretation would lead to an ambiguous result.
Laws that are clear in legislation that need no courts to interpret them are called statute or
statutory law.
Where a question of the interpretation of the law arises between a personal government
agencies that enforces them, where that happens, that would leave the interpretation of
that Law to the courts who are the authority on the interpretation of the
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Law. Courts in South Africa apply the dovine of stare decisis, which states that are
precedent is established, it should be followed, and if a higher court sets a precedent all
lower courts are bound to follow it (previous rulings of higher Courts to be followed by
lower courts).
Level of Courts in South Africa
Constitutional Court (deal with Constitutional issues only)
(Tax Court – it is a special form only
Supreme Court governed when a case on tax is there).
Therefore it is no court in itself
High Court
Magistrates Courts
Before an aggrieved party can approach the Courts they may try to settle the tax issue using the
Alternative Dispute Resolution Method or the Tan Board.
Alternative dispute Resolution
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