South African Finance Minister Trevor Manuel has announced that tough new measures
will be introduced as part of the Revenue Laws Amendment Bill to crack down
on corporate tax avoidance.
Manuel told Parliament last week that a revised general anti-avoidance rule
(GAAR) would target the "most serious elements" of schemes
devised purely for the avoidance of taxation, and would be supported by an enhanced
system of required reporting known as 'reportable arrangements' to give the
government an early detection system.
"At the end of the day, these schemes cost the fiscus billions in tax
revenue – money which can be much better spent for society’s benefit
elsewhere," stated Manuel
"The goal is to reach a state where these schemes can become 'dead on
arrival' when presented to any responsible board of directors," he added.
The GAAR provisions have taken two years to draft and Manuel conceded that
the new legislation is contentious due to its complexity, but he countered criticism
of the measures by arguing that "complex tax avoidance schemes require
complex responses".
"Government has a choice," Manuel continued. "It can sit back
in the name of 'legal tradition' and let some unscrupulous individuals deprive
the fiscus of vast sums of tax revenue, or take action so that the tax burden
is shared equitably and tax revenues are generated to cater for the needs of
society at large."
"In this case, Government clearly must choose the latter," he told
lawmakers.
The Revenue Laws Amendment Bill gives effect to measures announced by Manuel
in the 2006 budget, announced in February.