Substance over form in law
Web"Equity regards substance rather than form." Equity will not permit justice to be withheld just because of a technicality. Formalities that frustrate justice will be disregarded and a better approach found for each case. Equity enforces the spirit rather than the letter of the law alone. "Equity is equality." WebAnalyses THE SUBSTANCE OVER FORM DOCTRINE IN TAXATION: THE APPLICATION OF THE DOCTRINE AFTER THE JUDGMENT IN COMMISSIONER FOR THE SOUTH AFRICAN REVENUE SERVICE v NWK LTD 2011 (2) SA 67 (SCA) THABO LEGWAILA Professor, Department of Mercantile Law, University ofJohannesburg I INTRODUCTION 'Substance …
Substance over form in law
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Web“The substance over form doctrine applies when the transaction on its face lies outside the plain intent of the statute and respecting the transaction would be to exalt artifice above reality and to deprive the statutory provision in question of all serious purpose.” Captivate Podcasts * indicates required indicates required. Email Address * Matthew Roberts is a Principal of Freeman Law. He has significant experience … Web27 May 2024 · This essay is a comment on the paper authored by Fischer, Ellman and Schocet (2024, The decline of substance over form in accounting. Accounting, economics, and law: A convivium . (forthcoming)) who argue that the trend in financial reporting regulation involves de-emphasizing the important of economic substance relative to form …
Web22 Nov 2016 · The wording of the 1972 Act itself did not suffice to demonstrate this intention. This is a brave interpretation, demonstrating a clear preference for substance over form. Is it justified? It’s a highly contestable issue, the resolution of which may well dictate the outcome in the Supreme Court. WebFRS 102 Section 2 Concepts and Pervasive Principles Paragraph 8 describes substance over form as follows: ‘Transactions and other events and conditions should be accounted for …
Web19 Apr 2024 · The substance-over-form doctrine raises concern for the constitutional principle, as noted by the US Court of Appeals: “If the government can undo transactions that the terms of the Code expressly authorize, it’s fair to ask what the point of making these terms accessible to the taxpayer and binding on the tax collector is. WebSubstance over form is a particular concern under generally accepted accounting principles (GAAP), because it is largely rules-based and creates specific hurdles that must be …
WebSubstance over form means the accounting record must reflect with transaction’s economic substance rather than the legal form. Economic substance refers to the true …
Web27 Apr 2024 · “Substance over form” is a traditional accounting maxim that has also influenced legal thinking and has its roots in classical philosophy. “Substance over form” … myotonic dystrophy and fertilityWeb24 May 2024 · In addition to the substance over form doctrine, South African tax legislation also contains the general anti-avoidance rules (GAAR), which are contained in s80A to s80L of the Income Tax Act, No ... the slowboatWeb15 Mar 2024 · Substance over form is a particular concern under Generally Accepted Accounting Principles ( GAAP ), since GAAP is largely rules-based, and so creates … the slow-motion crisis in emerging marketsWebRequest PDF The principle of ‘substance over form’ with respect to the exercise of the right to deduct input VAT – A critical analysis of the Barlis jurisprudence In the autumn of 2016 ... the slowdown nprWebIt is unlikely that the Courts would reject the use of the concept of substance over form simply because that concept may disregard the legal form of the transaction. the slowcoachWeb2 Jun 2024 · In another sense, substance also intrinsically forms the core of “substantial compliance” test which is a key pivot in the indirect tax laws. This principle dispenses complete compliance with the statutory provisions and it is sufficient in the event the taxpayer demonstrates that the provisions have been complied with substantially. [4] the slow-motion coupWeb29 May 2024 · In Wagram, for the first time, the CJEU highlights the key role of substance over form by pointing out that the objective of the true and fair view can be met only on … myotonic dystrophy and exercise