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GAAR Series: Should the ‘main purpose’ be determined subjectively or objectively?

 By: Dr. Amar Mehta  -  May 3, 2018

This article analyzes an interesting decision, wherein a South African Court was required to choose between an 'objective test' and a 'subjective test' for determination of the 'main purpose', a prerequisite for applicability of the GAAR.

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