Belastingimplikasies van finansiële termyntransaksies

M.Com. (Taxation)Financial prices such as interest rates, currency exchange rates and equity prices have become more volatile In recent years making financial costs more difficult to predict and control. Just as commodity Mures exchanges grew out of the need for a mechanism to protect producers and users of commodities from the effects of fluctuations In prices, so the financial futures markets have developed to provide a means of lessening the Impact of fluctuations in interest rates, currency exchange rates and share Indices. A futures contract Is a transferable agreement to buy or sell a standardised amount of a commodity of standardised quality at a fixed price on a specific future date underterms and conditions ofarecognised exchange. A significant milestone was reached in the development of South Africa's financial markets with the simultaneous publication and the release to the public of the reports of the Stals and Jacobs Committees in July 1988. The road had not been all that smooth up to that point. The 1985 debt standstill and all the implications which flowed therefrom had made for a somewhat bumpy ride. However, by mid·1988 the markets were once again picking up the threads and making furtherstrides forward. Flowing from the recommendations of these two committees has been the establishment of the South African Futures Exchange and the South African Futures Clearing Company where financial Mures will be freely traded. The South African tax authorities could not provide the above committee with clear guidelines as to how Mures transactions would be treated for tax purposes In the South African context, except that Receivers of Revenue, having regard to decisions handed down by the courts In a variety of cases considered over a period of many years, would decide whether any particular transaction, or series of transactions, Is ofe~her a ·revenue" or "capital" nature. If the transaction is considered to be on "revenue" account, then the profit (or loss) Is taken Into account In the determination of taxable Income for Income tax purposes. The distinction becomes of paramount Importance when dealing In futures as no capital gains tax exists In South Africa and personal and company tax rates are relatively high