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University of Pretoria

A constitutional analysis of a differentiated tax treatment of residents and non-residents in respect of income deriving from immovable property in South Africa

Abstract

dc:description.abstract

A constitutional analysis of a differentiated tax treatment of residents and non-residents in respect of income deriving from immovable property in South Africa', Daniel Baines explores whether South African resident taxpayers' constitutional rights to equality and property are infringed by current laws which tax residents at higher rates than non-residents on rental income and proceeds from the disposal of fixed property. He aptly sets out what the right to equality and property entails and how these relate to taxpayers. He finds that the higher effective tax rates paid by residents violates their constitutional right to equality. The thesis provides valuable insight into a resident's right to equality and property in terms of current tax rates and illustrates how current tax rates are unconstitutional. The recommendations brought forward contribute toward the discussion of how tax rates should be altered in order to ensure that residents' constitutional rights are no longer violated.

Degree

thesis:*
Grantor dc:publisher
University of Pretoria
Year dc:date.issued
2021

Author and committee

dc:creator, dc:contributor.*
Advisor dc:contributor.advisor
  • Van Zyl, Stephanus

Subjects

dc:subject × 2

Rights

dc:rights
Statement dc:rights
  • © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
Language dc:language.iso
en

Identifiers

dc:identifier.*
Dc Identifier Other
D2021
OAI identifier oai:identifier
oai:repository.up.ac.za:2263/82750

Chain of custody

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University of Pretoria
Base URL
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Last updated
2026-07-24
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citation

A constitutional analysis of a differentiated tax treatment of residents and non-residents in respect of income deriving from immovable property in South Africa. University of Pretoria, 2021. http://hdl.handle.net/2263/82750