In many instances assets are traded for shares in order to avoid complex legal and tax considerations. This will happen particularly when a business wishes to transfer assets from an existing to a new entity.
Section 42 of the Income Tax Act 58 of 1962 (“the Act”) provides the regulatory framework for this.
In terms of commercial law South Africa, it has also become a popular de-valuation tool when constructing BBBEE transactions, especially in the listed space.
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