Johann Hattingh

University of Cape Town

Professor, Faculty of Law

Private Bag X3

Rondebosch

Cape Town, Western Cape 7701

South Africa

http://www.tax.uct.ac.za/aprof-johann-hattingh

SCHOLARLY PAPERS

37

DOWNLOADS
Rank 16,781

SSRN RANKINGS

Top 16,781

in Total Papers Downloads

4,908

SSRN CITATIONS

5

CROSSREF CITATIONS

1

Scholarly Papers (37)

1.

Fundamentals of Taxation: Introduction to Tax Policy. Tax Law and Tax Administration

Fundamentals of Taxation, July 2019
Number of pages: 28 Posted: 04 Aug 2020
International Bureau of Fiscal Documentation (IBFD), University of Cape Town (UCT), University of Cape Town, International Bureau of Fiscal Documentation and International Bureau of Fiscal Documentation (IBFD)
Downloads 918 (41,527)

Abstract:

Loading...

Taxation, Tax law, International taxation

2.

Some Reflections on the Proposed Revisions to the OECD Model and Commentaries, and on the Multilateral Instrument, with Respect to Fiscally Transparent Entities

British Tax Review, Vol. 2017, No. 3, pp. 295-373, 2017, Bulletin for International Taxation, Part 1, Vol. 71, No. 9, pp. 475-503, 2017, Bulletin for International Taxation, Part 2, Vol. 71, No. 10, pp. 553-567, 2017, Sydney Law School Research Paper No. 17/59
Number of pages: 81 Posted: 20 Jul 2017 Last Revised: 31 Oct 2017
Ernst & Young, CMS Bureau Francis Lefebvre, London School of Economics & Political Science (LSE) - London School of Economics, Field Court Tax Chambers, KPMG Washington National Tax Practice, University of Lausanne, BMR Advisors, University of Cape Town, Jones Day - Tokyo Office, PriceWaterhouseCoopers LLP - PricewaterhouseCoopers GmbH, Catholic University of the Sacred Heart of Milan - Catholic University of the Sacred Heart of Piacenza, Adachi Henderson Miyatake & Fujita, Leiden University, The University of Sydney - Faculty of Law and Uppsala University
Downloads 593 (74,069)
Citation 1

Abstract:

Loading...

International tax, tax treaties, BEPS, fiscally transparent entities

3.

De Beers Consolidated Mines Ltd V Howe (1906) Corporate Residence: An Early Attempt at European Harmonisation

Copy of the final pre-copyediting and typeset version, not be cited as the final print version available at Bloomsbury dot com and originally published in D. de Cogan and J. Snape (Eds), Landmark Cases in Revenue Law (Hart, Oxford, 2019) 67-90.
Number of pages: 37 Posted: 28 Aug 2020 Last Revised: 29 Aug 2020
Johann Hattingh and John Avery Jones
University of Cape Town and London School of Economics & Political Science (LSE) - London School of Economics
Downloads 345 (140,616)

Abstract:

Loading...

corporate tax residence; history of tax; comparative legal history; revenue law

4.

Sasol Oil v CSARS: Judicial Reinterpretation of Legal Doctrine to Address Tax Avoidance in South Africa

(2020) British Tax Review, no. 2, 1
Number of pages: 11 Posted: 28 Jul 2020
Johann Hattingh and Afton Titus
University of Cape Town and University of Cape Town
Downloads 324 (150,378)

Abstract:

Loading...

tax avoidance, sham transactions, statutory interpretation, judicial control of doctrine, mixed legal systems, South Africa

5.

Dual Residence of Companies under Tax Treaties

IBFD International Tax Studies 1 (2018), 3-84.
Number of pages: 84 Posted: 13 Jan 2021
Catholic University of the Sacred Heart of Milan - Catholic University of the Sacred Heart of Piacenza, CMS Bureau Francis Lefebvre, London School of Economics & Political Science (LSE) - London School of Economics, Field Court Tax Chambers, KPMG Washington National Tax Practice, University of Lausanne, BMR Advisors, University of Cape Town, Jones Day - Tokyo Office, PriceWaterhouseCoopers LLP - PricewaterhouseCoopers GmbH, Adachi Henderson Miyatake & Fujita, Ernst & Young, VU University Amsterdam, affiliation not provided to SSRN, The University of Sydney - Faculty of Law and affiliation not provided to SSRN
Downloads 321 (151,887)

Abstract:

Loading...

Tax Residence; Dual Corporate Residence; Tax Treaty History; Tax Treaty Interpretation; Tax Treaty Policy

6.

On the Origins of Model Tax Conventions: 19th Century German Tax Treaties and Laws Concerned with the Avoidance of Double Taxation

Copy of the final pre-copyediting and typesetting version, not be cited as the final print version available at Bloomsbury dot com and originally published in Studies in the History of Tax Law, vol 6, J. Tiley ed, (Hart: Oxford 2013), 31-79
Number of pages: 47 Posted: 28 Jul 2017 Last Revised: 21 Aug 2017
Johann Hattingh
University of Cape Town
Downloads 257 (191,094)
Citation 1

Abstract:

Loading...

History of Tax, International Tax Law, Tax Treaties, Prussia, Otto von Bismarck

7.

Fowler v HMRC (UK Supreme Court): Neither Fish nor Fowler: Tax Treaty Implications of Domestic Deeming Rules

(2020) British Tax Review, no.4, 537-547
Number of pages: 12 Posted: 30 Nov 2020
Ernst & Young, KPMG Washington National Tax Practice, Catholic University of the Sacred Heart of Milan - Catholic University of the Sacred Heart of Piacenza, University of Cape Town and London School of Economics & Political Science (LSE) - London School of Economics
Downloads 244 (201,029)

Abstract:

Loading...

Statutory Deeming; Tax Treaty Interpretation; Relationship Between Domestic and International Law; Double Non-Taxation

8.

The Legal and Related Challenges, and Emerging Solutions for Implementation of the BEPS Multilateral Instrument

Global Taxation (July 2017), 29-36
Number of pages: 12 Posted: 12 Aug 2017 Last Revised: 18 Sep 2017
Johann Hattingh
University of Cape Town
Downloads 210 (232,024)

Abstract:

Loading...

International Tax Law, Tax Avoidance, BEPS, South Africa, Mauritius, India

9.

Fowler v HMRC: Divers and the Dangers of Deeming

(2016) British Tax Review, No. 4, 417-434
Number of pages: 19 Posted: 25 Jul 2017 Last Revised: 19 Jul 2019
Johann Hattingh and John Avery Jones
University of Cape Town and London School of Economics & Political Science (LSE) - London School of Economics
Downloads 191 (252,684)

Abstract:

Loading...

Tax Treaties, Treaty Interpretation, Income Classification

10.

Oppenheimer A HMRC: Determining Centre of Vital Interests

British Tax Review, Issue 3, 2022, 245-251
Number of pages: 8 Posted: 31 Aug 2022
Johann Hattingh and John Avery Jones
University of Cape Town and London School of Economics & Political Science (LSE) - London School of Economics
Downloads 183 (262,611)

Abstract:

Loading...

treaty law; treaty interpretation; dual tax residence

11.

Commentary: Pienaar Brothers (Pty) Ltd v Commissioner for the South African Revenue Service Another

J. Hattingh, Commentary, Pienaar Brothers (Pty) Ltd v Commissioner for the South African Revenue Service and another, (2017) 20 International Tax Law Reports 284, 288-293.
Number of pages: 73 Posted: 20 Aug 2018
Johann Hattingh
University of Cape Town
Downloads 144 (321,438)

Abstract:

Loading...

Retroactive tax legislation, Rule of Law, Deprivation of property

12.

Fowler v Revenue and Customs Commissioners [2020] UKSC 22

International Tax Law Reports (2020) 22 ITLR 679, Commentary, 681-688
Number of pages: 22 Posted: 27 Jul 2020
Johann Hattingh and John Avery Jones
University of Cape Town and London School of Economics & Political Science (LSE) - London School of Economics
Downloads 142 (324,965)
Citation 1

Abstract:

Loading...

tax treaty interpretation, purposive interpretation, deeming, domestic law and treaty law, United Kingdom

13.

ABC Proprietary Ltd v Commissioner for the South African Revenue Services

International Tax Law Reports (2019) 22 ITLR 153, Commentary, 155-175
Number of pages: 38 Posted: 29 Jan 2020
Johann Hattingh
University of Cape Town
Downloads 124 (360,443)

Abstract:

Loading...

Most favoured nation tax treatment, tax treaty interpretation

14.

Commentary: AB LLC and Another v Commissioner of the South African Revenue Services

J. Hattingh, Commentary, AB LLC and another v Commissioner of the South African Revenue Services, (2015) 17 International Tax Law Reports 911, 915-932.
Number of pages: 45 Posted: 20 Aug 2018
Johann Hattingh
University of Cape Town
Downloads 122 (364,775)

Abstract:

Loading...

Double Tax Conventions, Interpretation, Permanent Establishment, Presence of consultancy staff

15.

Article 1 of the OECD Model Tax Convention on Income and Capital in Historical and Functional Perspective

(2004) 121 South African Law Journal 64-92
Number of pages: 29 Posted: 23 Aug 2017
Johann Hattingh
University of Cape Town
Downloads 105 (406,005)

Abstract:

Loading...

Tax Treaties, Treaty Interpretation, History of the OECD Model Tax Convention on Income and Capital

16.

Commentary: Shuttleworth and Another v. South African Reserve Bank and Another

J. Hattingh, Commentary, Shuttleworth and another v South African Reserve Bank and another, (2015) 17 International Tax Law Reports 956, 957-962.
Number of pages: 51 Posted: 20 Aug 2018
Johann Hattingh
University of Cape Town
Downloads 90 (449,789)

Abstract:

Loading...

Definition of tax, South Africa, Constitutional Law

17.

On the Introduction of Income Tax in South Africa by Genl. JC Smuts: Three Eventful Months (24 April 1914 to 20 July 2014)

Published in J. Hattingh, On the Introduction of Income Tax in South Africa by Genl. JC Smuts: Three Eventful Months (24 April 1914 to 20 July 2014), In J. Hattingh, J. Roeleveld and C. West, eds., Income Tax in South Africa – The First 100 years, (2016) Juta & Co: Cape Town, 54-76
Number of pages: 23 Posted: 28 Jul 2017 Last Revised: 26 Oct 2017
Johann Hattingh
University of Cape Town
Downloads 81 (479,539)

Abstract:

Loading...

Income Tax, Tax History, South Africa, Redistrubution, Jan Smuts

18.

Taxation of Technical Service Fee Income: Selected Aspects of the Policy & Tax Treaty Practice of South Africa Relevant for Brazilian Taxpayers

D.V. de Biasi Cordeiro, E.S. Gomes, F. C. Pepe, G. Teixeira Godoy, Eds., Estudos de Tributação Internacional, Vol. 3, (Editora Lumen Juris, Rio de Janeiro, 2019)
Number of pages: 31 Posted: 09 Jan 2020
Johann Hattingh and Jane Mann
University of Cape Town and University of Cape Town (UCT), Faculty of Law, Students
Downloads 79 (486,486)

Abstract:

Loading...

Technical service fees, double taxation, income tax treaties

19.

Commentary: Krok and Another v Commissioner for the South African Revenue Services

J. Hattingh, Commentary, Krok and another v Commissioner for the South African Revenue Services, (2015) 18 International Tax Law Reports 42, 44-52.
Number of pages: 33 Posted: 20 Aug 2018
Johann Hattingh
University of Cape Town
Downloads 77 (493,777)

Abstract:

Loading...

Cross-Border Enforcement of Taxes, Revenue Rule, Conflict of Laws

20.

Commentary: X V. Commissioner for the South African Revenue Service

J. Hattingh, Commentary, X v Commissioner for the South African Revenue Service, (2018) 20 International Tax Law Report 658, 660-681.
Number of pages: 34 Posted: 18 Aug 2018 Last Revised: 15 Jul 2020
Johann Hattingh
University of Cape Town
Downloads 76 (497,504)

Abstract:

Loading...

Double Taxation Convention, Interpretation, Place Where Employment Exercised, Source of Employment Income

21.

Corporate-Shareholder Taxation in South Africa: 1914-1953

Published as J. Hattingh, Corporate-shareholder taxation in South Africa: 1914-1953, In J. Hattingh, J. Roeleveld and C. West, eds., Income Tax in South Africa – The First 100 years, (2016) Juta & Co: Cape Town, 80-110
Number of pages: 31 Posted: 28 Jul 2017 Last Revised: 26 Oct 2017
Johann Hattingh
University of Cape Town
Downloads 69 (524,617)
Citation 1

Abstract:

Loading...

Income Tax History, South Africa, Corporate-Shareholder Tax

22.

Legal Considerations Arising from the Use of Memoranda of Understanding in Bilateral Tax Treaty Relations

G. Maisto (Ed.), Current Tax Treaty Issues: 50th Anniversary of the International Tax Group (2020, IBFD Amsterdam), 359-438.
Number of pages: 75 Posted: 12 Dec 2019 Last Revised: 02 Dec 2020
Johann Hattingh
University of Cape Town
Downloads 61 (558,890)

Abstract:

Loading...

international treaty law; international tax treaty law, memoranda of understanding

23.
Downloads 57 (577,541)

Abstract:

Loading...

Jan Smuts, Approach to History on University Campus

24.

Residence of Companies Under Tax Treaties and EC Law - South Africa

Published as J. Hattingh, South Africa, in G. Maisto, Ed., Residence of Companies under Tax Treaties and EC Law, (2009, IBFD, Amsterdam), 603-752.
Number of pages: 101 Posted: 28 Jul 2017 Last Revised: 15 Jul 2020
Johann Hattingh
University of Cape Town
Downloads 52 (602,211)

Abstract:

Loading...

International Tax Law, Private International Law, Conflicts of Law, Company Residence, Tax Residence, South Africa

25.

The Tax Treatment of Cross-Border Partnerships under Model-Based Tax Treaties: Some Lessons from Grundlingh v. The Commissioner for South African Revenue Service

(2010) 127 South African Law Journal, 38-50
Number of pages: 13 Posted: 25 Aug 2017
Johann Hattingh
University of Cape Town
Downloads 25 (773,543)

Abstract:

Loading...

Tax Treaties, Treaty Interpretation, Income Classification, Partnership Law

26.

The EU and Third Countries: Direct Taxation - South Africa

J. Hattingh, South Africa, in M. Lang and P. Pistone, Eds., The EU and Third Countries: Direct Taxation, (2007 Kluwer, The Hague) 917-942.
Number of pages: 22 Posted: 28 Jul 2017 Last Revised: 15 Jul 2020
Johann Hattingh
University of Cape Town
Downloads 18 (831,961)

Abstract:

Loading...

EU Tax Law, South Africa

27.

Dual Residence of Companies Under Tax Treaties

In: International Tax Studies (ITAXS). - Amsterdam. - Vol. 1 (2018), no. 1 ; 84 p.
Posted: 02 Dec 2022
Independent, Independent, London School of Economics & Political Science (LSE) - London School of Economics, Field Court Tax Chambers, Independent, Independent, Independent, University of Cape Town, Independent, Independent, Independent, Independent, Independent, Independent, The University of Sydney - Faculty of Law and Independent

Abstract:

Loading...

OECD Model, dual residence, tax treaty, place of effective management, MAP, EU law, arbitration, non-discrimination, MLI, case law

28.

The Relevance of BEPS Materials for Tax Treaty Interpretation

J. Hattingh, "The Relevance of BEPS Materials for Tax Treaty Interpretation" (2020) 74 Bulletin for International Taxation, 4/5, 179-196.
Posted: 19 Oct 2020
Johann Hattingh
University of Cape Town

Abstract:

Loading...

Legal Hermeneutics, Interpretation of Tax Treaties, Base Erosion and Profit Shifting

29.

Permanent Establishments. A Domestic Taxation, Bilateral Tax Treaty and OECD Perspective - South Africa

Published in J. Hattingh, C. de Bruyn and D. Lermer, South Africa, In. E. Reimer, S. Schmid and N. Urban, eds., Permanent Establishments. A Domestic Taxation, Bilateral Tax Treaty and OECD Perspective, 4th Edition, (2015) Kluwer: The Hague
Posted: 28 Jul 2017
Johann Hattingh, Chris de Bruyn and David Lermer
University of Cape Town, Independent and Independent

Abstract:

Loading...

International Tax Law, Permanent Establishments, South Africa

30.

Key Practical Issues to Eliminate Double Taxation of Business Income - South Africa

Published in J. Hattingh, South Africa, in Key Practical Issues to Eliminate Double Taxation of Business Income, Cahiers de Droit Fiscal International, vol. 96b, (2011) Kluwer: Rotterdam
Posted: 28 Jul 2017
Johann Hattingh
University of Cape Town

Abstract:

Loading...

Double Taxation, South Africa

31.

Elimination and Prevention of International Double Taxation

Published in J. Hattingh, Elimination and Prevention of International Double Taxation, In E. Brincker and A. De Koker, Eds., Silke on International Tax, (2010) LexisNexis: On-line
Posted: 28 Jul 2017
Johann Hattingh
University of Cape Town

Abstract:

Loading...

International Tax Law, Double Tax, South Africa

32.

BRICS and the Emergence of International Tax Coordination - South Africa

Published in J. Hattingh, South Africa, In Y. Brauner and P. Pistone, eds., BRICS and the Emergence of International Tax Coordination, (2015) IBFD: Amsterdam
Posted: 28 Jul 2017
Johann Hattingh
University of Cape Town

Abstract:

Loading...

BRICS, International Tax, South Africa

33.

Beneficial Ownership - South Africa

Published in J. Hattingh and C. du Toit, Beneficial Ownership, In E. Brincker and A. De Koker, Eds., Silke on International Tax, (2010) LexisNexis: On-line
Posted: 28 Jul 2017
Johann Hattingh and Charl du Toit
University of Cape Town and Independent

Abstract:

Loading...

International Tax Law, Beneficial Owner, South Africa

34.

Recent Developments Regarding the Taxation of Pensions Under Tax Treaties from a German and a South African Perspective

71 Bulletin for International Taxation, No. 1, (2017)
Posted: 24 Jul 2017
Johann Hattingh, Christian Kahlenberg and Tobias Hagemann
University of Cape Town, Independent and Independent

Abstract:

Loading...

Tax Treaties, Taxation of Cross-Border Pension Income, South Africa & Germany

35.

The Multilateral Instrument from a Legal Perspective: What May Be the Challenges?

71 Bulletin for International Taxation, No. 3/4, (2017), Global Taxation India, with a Chinese translation: Taxation Translation Journal, Issue 101, No. 2, 77-88, 2017
Posted: 24 Jul 2017
Johann Hattingh
University of Cape Town

Abstract:

Loading...

Tax Treaties, Multilateralism, BEPS, MLI

36.

The East African Community Multilateral Tax Treaty – Fit for Purpose?

70 Bulletin for International Taxation, No. 12, (November 2016)
Posted: 24 Jul 2017
Johann Hattingh
University of Cape Town

Abstract:

Loading...

Tax Treaties, Multilateralism, Regional Integration, BEPS

37.

The Notion of Tax and the Elimination of International Double Taxation or Double Non-Taxation - South Africa

West, C., Hattingh, J. [2016]. The notion of tax and the elimination of international double taxation or double non-taxation. (In Helminen, M. (ed.), Cahiers de droit fiscal international The Hague, Netherlands
Posted: 21 Nov 2016
Johann Hattingh and Craig West
University of Cape Town and International Bureau of Fiscal Documentation (IBFD)

Abstract:

Loading...