Browsing by Author "Nyika, Erasmo"

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    Corporate reorganizations: a critical analysis of the law and practice in Tanzania
    (University of Dar es Salaam, 2013) Nyika, Erasmo
    Lack of clear rules to guide and distinguish taxable corporate reorganizations from non-taxable corporate reorganizations create uncertainty in deciding on, and planning for corporate mergers, acquisitions and divisions, that are often necessary for the economic survival and growth of the corporate entities. The study is basically analytical. It examines the legal framework and the laws, to establish the existence of the problem identified above. It also draws in the comparative experiences elsewhere in dealing with the same problem and critically examines these experiences in order to evaluate their efficacy and applicability to the Tanzanian scenario. The study finds that lack of clear rules has encouraged Multinational Corporations (MNCs) to indulge in tax planning schemes that often involve tax avoidance and evasion. The study therefore, proffers that it is imperative to have special rules governing corporate reorganizations in the tax laws; for example, rules that will provide for tax-free rollovers where the reorganizations do not entail any realizations and gains.