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In tax law, the legal form of a transaction typically governs tax treatment, except in cases involving specific anti-avoidance provisions or when a transaction is proven to be a sham. For instance, with loan accounts, the South African Revenue Service (SARS) can disregard a transaction as a loan if it fails to meet common law criteria. SARS cannot force interest charges but can impose tax consequences through anti-avoidance provisions for interest-free loans. To qualify as a loan agreement, there must be a genuine obligation to repay the borrowed amount.