Place of supply rules in the South African value-added tax system

M.Comm.The objective of this dissertation is to examine the desirability of implementing place of supply rules as an instrument to reduce uncertainty in the South African value-added tax system, specifically with respect to cross border transactions. Value-added tax systems have been introduced in many countries, and experienced a marked increase in popularity, especially since the 1970's. Value-added tax systems often replaced sales taxes due to the many benefits a purist value-added tax system has to offer. The opening up of the world economy brings the importance of cross border transactions to the fore. Many countries recognised the fiscal uncertainty and imbalances an ever-increasing number of cross border transactions can bring to a country's value-added tax system. Place of supply rules were introduced into the value-added tax systems of many of these countries to enhance legislative certainty, to avoid double taxation and to increase equity of the overall tax system. However, when South Africa introduced value-added tax in 1991, South Africa was to a large extent still isolated from the world economy. Since the earlier 1990's, particularly since 1994 when South Africa instated its first democratically elected government, the world economy started opening up to South Africa. South Africa's value-added tax system did not and still does not have certainty on place of supply rules. Though, technically, South Africa's value-added tax system seeks to tax most, if not all, transactions with a South African connection, vendors in South Africa, tax consultants and the South African Revenue Service are experiencing difficulty (to some varying degree) on interpreting the value-added tax consequences of cross border transactions. Place of supply rules have been mooted by various role-players, the South African Revenue Service and value-added tax practitioners alike, as a possible solution to the current uncertainty in respect of cross border transactions. The relevance and desirability of introducing place of supply rules in South Africa need to be assessed