The Minister of Finance, Pravin Gordhan, has today announced members of the Tax Review Committee as well as the committee’s terms of reference.
Today’s announcement gives effect to the Minister’s announcement in February when he tabled the 2013/14 budget that government will initiate a tax review this year “to assess our tax policy framework and its role in supporting the objectives of inclusive growth, employment, development and fiscal sustainability”.
Members of the Tax Review Committee
Judge Dennis Davis will chair the Tax Review Committee. The other members are:
- Professor Annet Wanyana Oguttu,
- Professor Matthew Lester,
- Professor Ingrid Woolard,
- Ms Nara Monkam,
- Ms Tania Ajam,
- Professor Nirupa Padia, and
- Mr Vuyo Jack
A National Treasury official, Mr. Cecil Morden, and a South African Revenue Service (SARS) official, Mr. Kosie Louw, will be ex-officio members, providing technical support and advice to the committee. In addition, a team comprised of National Treasury and SARS officials will provide secretarial support to the committee. SARS will provide office accommodation and logistical support to the committee.
Terms of Reference of the Tax Review Committee
The terms of reference for the Tax Review Committee are to inquire into the role of the tax system in the promotion of inclusive economic growth, employment creation, development and fiscal sustainability. The committee will in its work take into account recent domestic and global developments and, in particular, the long term objectives of the National Development Plan (NDP).
The committee will make recommendations to the Minister of Finance. Any tax proposals arising from these recommendations will be announced as part of the normal budget and legislative processes. As with all tax policy proposals, such proposals will be subject to the normal consultation and Parliamentary oversight.
The committee should evaluate the South African tax system against the international tax trends, principles and practices, as well as recent international initiatives to improve tax compliance and deal with tax base erosion.
The following aspects should receive specific attention from the committee:
1) An examination of the overall tax base and tax burden including the appropriate tax mix between: direct taxes, indirect taxes, provincial and local taxes. An analysis of the sustainability in the long-run of the overall tax-to-GDP ratio, and the tax-to-GDP ratio for each of the three major tax instruments, personal income tax (PIT), corporate income tax (CIT) and VAT should be undertaken. This in essence requires an evaluation of the economic and social impact of the tax system and an assessment of whether the current tax structure is able to generate sufficient and sustainable revenues to fund government’s current and future expenditure priorities.
2) The impact of the tax system in the promotion of small and medium size businesses, including analysis of tax compliance costs, the possible further streamlining of tax administration and simplification of tax legislation.
3) A review of the corporate tax system with special reference to:
- the efficiency of the corporate income tax structure;
- tax avoidance (e.g. base erosion, income splitting and profit shifting, including the tax bias in favour of debt financing);
- tax incentives to promote developmental objectives; and
- the average (and marginal) effective corporate income tax rates in the various sectors of the economy.
4) As noted in the 2013 Budget Review, the committee will consider
a) Whether the current mining tax regime is appropriate, taking account of:
- the agreement between Government, Labour and Business to ensure that the mining sector contributes to growth and job creation, remains a competitive investment proposition, and all role players contribute to better working and living conditions; and
- the challenges facing the mining sector, including low commodity prices, rising costs, falling outputs and declining margins, as well as to its current contribution to tax revenues.
b) Various elements of taxation within the financial sector, namely the taxation regime of long term insurers (BR, page 55), the taxation of hedge funds (BR, page 56), the taxation of various innovative financial instruments (BR, page 63), and the VAT treatment of financial services and VAT apportionment within the financial sector (BR, page 63).
5) Value added tax with specific reference to efficiency and equity. In this examination, the advisability and effectiveness of dual rates, zero rating and exemptions must be considered.
6) The impact of e-commerce (especially the use of digital delivery of goods and services) upon the integrity of the tax base, in particular upon value added tax and corporate income tax revenues.
7) The progressivity of the tax system and the role and continued relevance of estate duty to support a more equitable and progressive tax system. In this inquiry, the interaction between capital gains tax and the estate duty should be considered.
8) An evaluation of proposals to fund, for example, the proposed National Health Insurance (NHI) and long term infrastructure projects to boost the growth potential of this economy.
9) An evaluation of the legislative process with a view to both enhancing simplicity and ensuring the protection of the tax base and to recommend how to improve the current process.
The Committee is mandated to study any further tax issues which, in the Committee’s view, should be addressed in order to promote inclusive economic growth, employment creation, development and fiscal sustainability. The Committee is required to submit interim reports and a final report which will be published on dates to be determined after consultation between the Committee and the Minister of Finance.
Objectives of South African tax system
The committee should take into account the following broad tax policy objectives:
a) Revenue-raising to fund government expenditure is the primary objective of taxation
b) Social objectives, building a cohesive and inclusive society can be met partially through a progressive tax system and by raising revenue in order to redistribute resources.
c) Market failures can be corrected by applying a tax on production and/or consumption to internalise negative externalities, e.g. pollution or consumption of harmful products.
d) The tax system can influence behavioural changes by encouraging certain actions (e.g. savings) and discouraging others (e.g. smoking).
e) Taxes and tax incentives are sometimes used in targeted ways to encourage higher levels of investment to help facilitate economic growth.
f) International competitiveness is important, although the tax system is not the main driver of international competiveness. Innovation and productivity improvements are far more important. We should guard against the ‘race to the bottom’ in our efforts to strive for a “competitive tax system”.
Background to the Review
The South African tax system has changed significantly since the recommendations of the last tax commission (The Katz Commission). The changes to the system include the establishment of an independent tax and customs administration (the South African Revenue Service), the broadening of the tax base, and the lowering of marginal tax rates. These and other changes have contributed to the development of a relatively robust and competitive tax system. Today South Africa’s tax policy and tax administration compares favourably with those of many developed and emerging economies.
However, given the pace of globalisation, the relatively modest economic growth after the 2008/09 economic recession, and the significant social challenges such as persistent unemployment, poverty and inequality, there is a need to review what role the tax system can play as part of a coherent and effective fiscal policy framework in addressing these challenges. There is also a need to address concerns about base erosion and profit shifting, especially in the context of corporate income tax, as identified by the OECD and G20.
The email address for the Tax Review Committee is: taxcom@sars.gov.za. Other contact details will be announced shortly.
Brief biographies of the members of the Committee
1. Judge Dennis Martin Davis – Chair of the Committee
Judge Dennis Davis is a serving judge of the High Court. He was a member of the Commission of Enquiry into Tax Structure of South Africa (the Katz Commission) and was a Technical Advisor to the Constitutional Assembly where the negotiations for South Africa's interim and final constitutions were formulated and concluded. He also teaches tax law at the University of Cape Town (UCT).
Dennis was educated at Herzlia School, UCT and Cambridge University. He began teaching at UCT in 1977 and was appointed to a personal chair of Commercial Law, in 1989. Between 1991 and 1997 he was Director of the Centre for Applied Legal Studies of the University of the Witwatersrand. He held joint appointments at Wits and UCT 1995 - 1997. He was appointed a Judge of the High Court in 1998 and as President of the Competition Appeal Court in 2000. Since his appointment to the Bench, he has continued to teach constitutional law and tax law at UCT where he is a Hon. Professor of law.
He has been a visiting lecturer/professor at the Universities of Cambridge, Florida, Toronto and Harvard.
2. Annet Wanyana Oguttu
Annet Wanyana Oguttu is a professor in law at the University of South Africa. She teaches Income Tax Law and her areas of specialisation are Income Tax Law and International Tax Law. Her qualifications include an LLD, Tax Law (Unisa), LLM with Specialisation in Tax Law (Unisa), HDip in International Tax Law (UJ), LLB (Makerere) and Diploma in Legal Practice (Law Development Centre - Makerere). She is rated as a category C2 researcher as from 2010 by the National Research Foundation (NRF). Her LLD thesis dealt with: “Curbing Offshore Tax Avoidance: The Case Of South African Companies and Trusts” (2007) UNISA.
3. Tania Ajam
Tania is a part-time non-executive member of the Financial and Fiscal Commission of South Africa since 2001 and a part-time member of the risk committee of the South Africa Reserve Bank since 2011. She is an independent consultant on intergovernmental fiscal relations, public finance and monitoring and evaluation (M&E). She was a lecturer in Economics the University of Cape Town between 1997 and 2005. Her qualifications include a B.BusSc. first class pass and distinction in Economics, an M.BusSc. (awarded with distinction) from the University of Cape Town and a BA. (Hons) Economics from the University of Cambridge.
4. Nara Monkam
Nara Monkam is attached to the Economic Department of the University of Pretoria and the Africa Tax Institute at the University of Pretoria. She is a Public Finance Economist with experience in public economics, intergovernmental fiscal relations, and sub-national government finance.
She provided training in the areas of tax policy and tax administration to government officials and customised training courses for senior government officials in the area of Fiscal Decentralisation and Local Governance. Her qualifications include a PhD in Economics from Georgia State University in Atlanta Georgia, an MA in Economics and a BS in Economics from the Facultés Universitaires Notre-Dame de la Paix Namur in Belgium.
5. Ingrid Woolard
Ingrid Woolard is an Associate Professor in the School of Economics at the University of Cape Town and a Research Associate of the Southern Africa Labour and Development Research Unit (SALDRU). Her areas of interest include labour market analysis, social assistance, programme evaluation and the measurement of poverty and inequality.
Together with Murray Leibbrandt, Ingrid has been the joint Principal Investigator of South Africa’s first national household panel survey, the National Income Dynamics Study (NIDS), since 2007. She holds a C1 rating from the National Research Foundation. Ingrid is the Chair of the Employment Conditions Commission which advises the South African Minister of Labour on making sectoral determinations on working conditions and minimum wages in 11 sectors covering more than 4 million workers. She consults regularly for various South African government departments and international organisations such as the World Bank and the Organisation for Economic Co-operation and Development (OECD).
Ingrid is the Post-Graduate Convener in the School of Economics. Her qualifications include a B.Sc. (Mathematical Statistics and Economics), University of Natal , BA. (Hons) (Economics), UNISA and PhD (Economics), University of Cape Town.
6. Matthew Lester
Matthew Lester is a Professor at Rhodes Business School, Grahamstown, and the winner of the Vice-Chancellor's Award for Distinguished Teaching in 2001. He also won the South African Institute of Chartered Accountants (SAICA) Southern Region Honours Tie 2009.
Apart from teaching stewardship, governance and income tax at Rhodes, Matthew lectures to a wide range of South Africans on taxation and money matters. He also writes the weekly column ‘Tax Talk’ in the Sunday Times. His qualifications include a Bachelor of Commerce and Certificate in the Theory of Accounting from Rhodes University and a Higher Diploma in taxation from the University of the Witwatersrand. He is a qualified Chartered Accountant (SA). He has been attached to the University of Rhodes in Grahamstown since 1998.
7. Vuyo Jack
Vuyo Jack is Executive Chairman of Empowerdex (Pty) Ltd., an economic empowerment rating agency. He is also chairman of the National Treasury Audit Committee, board member of the Accounting Standards Board and the Public Investment Corporation, columnist on the Sunday Independent Business Report Section, and visiting professor at the University of the Free State School of Management. He is a qualified chartered accountant.
Among his professional achievements include being selected as a Young Global Leader by the World Economic Forum, serving as a member of the Ethics sub-committee of the Independent Regulatory Board for Auditors (IRBA), the Continuing Professional Development (CPD) Committee of the SA Institute of Chartered Accountants, and member of the Department of Trade and Industry task team, advising then Minister Alec Erwin and President Mbeki on the BEE Legislation and Guidelines to the legislation.
8. Nirupa Padia
Professor Nirupa Padia is the Head of the School of Accountancy at Wits University and an Associate Professor in Auditing. She completed her B. Com degree in 1985, as well as a B Acc in 1995. She then joined PricewaterhouseCoopers (PwC) where she completed her articles and qualified as a CA (SA) before re-joining Wits to commence a successful academic career.
Prof Padia has made a significant contribution to the School and the Auditing Department over the past twelve years. As a senior lecturer, she was involved in teaching auditing modules at undergraduate and postgraduate levels. During this time she also completed her masters of commerce specialising in taxation. She serves the profession by sitting as an academic representative on the Auditing Guidance Committee of SAICA as well as on the board of the PwC Business School.
