Deductibility of interest on the acquisition of shares when restructuring a business : alternatives for South Africa

Abstract

Funding requirements is one of the first criteria to consider when restructuring a business. Companies and taxpayers would choose the best option when acquiring shares to minimise tax liabilities. The purpose of this study is to formulate an interest deductibility test which provides guidance to taxpayers regarding the main criteria to investigate when restructuring a business transaction to ensure that interest will be deductible on the acquisition of shares with borrowed funds. The findings reveal the similarities and differences of the interest deductibility as seen by South Africa, Australia and Canada. This study will present the legislation as well as court cases in South Africa, Australia and Canada to demonstrate the interest deductibility principles when funds are borrowed to acquire shares when restructuring a business. The focus will be on these principles to provide guidelines from which taxpayers can determine the interest deductibility with respect to share purchasing transactions. The study will indicate recommendations to South African legislation based on the findings of alternative treatments applied by Canada and Australia.