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Capital gains in Fiji: legislative framework and key issues

Shukla, Gaurav and Pandey, Suesh (2020) Capital gains in Fiji: legislative framework and key issues. Asia Pacific Journal of Taxation, 24 (1). pp. 54-66. ISSN 1027-5592

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This article critically examines the provisions related to capital gains tax under Fiji’s 2015 Income Tax Act. As a part of this examination, the paper iIn this process, arguments are raised, concerning the inclusion and exclusion of certain capital assets in dening a capital asset and in the computation of capital gains tax. The article also raises certain contentions that reect the loopholes in the legal framework of capital gains tax that can be exploited for tax avoidance. The study further conducts a comparative examination of the capital gains taxation prescribed under the 2011 Capital Gains Decree and the 2015 Income Tax Act. Judicial pronouncements are cited. The researchers conduct an empirical study that examines the number of cases led in dierent adjudication forums in Fiji and compares the success and failure rate of the taxpayer and Fiji’s Revenue and Customs Service in these cases. In concluding remarks, the authors discovered that the Jurisprudence of Capital Gain Taxes in Fiji are at toddler stage and the judicial interventions is minimal.

Item Type: Journal Article
Subjects: K Law > K Law (General)
Divisions: School of Law and Social Sciences (SoLaSS)
Depositing User: Ms Shalni Sanjana
Date Deposited: 23 Jun 2022 21:45
Last Modified: 23 Jun 2022 21:45

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