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Record W1550593936

Analysis of misuse and abuse in terms of the South African general anti-avoidance rule : lessons from Canada

2012· article· en· W1550593936 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueUpSpace Institutional Repository (University of Pretoria) · 2012
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicTaxation and Legal Issues
Canadian institutionsnot available
Fundersnot available
KeywordsTax avoidanceDisadvantagedLegislationRevenueDatabase transactionEconomicsLawPolitical scienceLaw and economicsDouble taxationAccountingComputer science
DOInot available

Abstract

fetched live from OpenAlex

In terms of the South African general anti-avoidance rule, a transaction that
\nmisuses or abuses the provisions of the Income Tax Act may be disregarded
\nfor tax purposes. The misuse or abuse provision, along with the general antiavoidance
\nrule (GAAR), has not yet been judicially considered. It is argued
\nthat the provision brings further uncertainty and breadth to the general antiavoidance
\nrule. It calls for a purposive interpretation of tax legislation. This
\napproach, however, creates uncertainty regarding the determination of
\npurpose. In Canada, from which the provision was borrowed, the courts
\ninitially applied a policy approach in determining purpose but this
\ndisadvantaged the revenue authorities in a series of cases. The Minister of
\nNational Revenue was required to present a clear and unambiguous policy
\nwhich in reality could not be found. The thrust of this article is to show that
\nthe misuse or abuse concept could turn out to be a lateral development in the
\nSouth African GAAR because of the uncertainty it carries and if lessons on
\nits application are not learned from the Canadian experience.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Observational · Consensus signal: Observational
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.386
Threshold uncertainty score0.861

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.012
GPT teacher head0.196
Teacher spread0.184 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it