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Category: Paragraph 76A (Eighth Schedule) – Part disposal of shares

Paragraph 76A

 

  1. Heading substituted by section 61 of Act 3 of 2008.

 

  1. Subparagraph (1) amended by section 61 of Act 3 of 2008 and substituted by section 120 of Act 24 of 2011 and section 133 of Act 22 of 2012 effective on 1 January 2011.

 

  1. Subparagraph (1A) inserted by section 120 of Act 24 of 2011 and substituted by section 133 of Act 22 of 2012 effective on 1 January 2011.

 

  1. Subparagraph (2) substituted by section 61 of Act 3 of 2008 and section 120 of Act 24 of 2011 effective on 1 January 2011.

 

  1. Subparagraph (3) substituted by section 120 of Act 24 of 2011 and section 133 of Act 22 of 2012 effective on 1 January 2011.

 

  1. Paragraph 76A inserted by section 85 of Act 35 of 2007.

Paragraph 76A (Eighth Schedule) – Part-disposal of shares

Posted on October 15, 2015January 14, 2017 by admin_kmos

76A.    Part-disposal of shares

 

(1)    Where-

 

(a)     a return of capital or foreign return of capital by way of a distribution of cash or an asset in specie (other than a share distributed in terms of an unbundling transaction contemplated in section 46(1)) is received by or accrues to a shareholder in respect of a share; and


(b)     that return of capital or foreign return of capital is received by or accrues to that shareholder on or after 1 October 2007 and before 1 April 2012,


that shareholder must be deemed to have disposed of part of that share on the date that the return of capital or foreign return of capital is received by or accrues to the shareholder.

 

(1A)    Subject to paragraph 76(2), where-

 

(a)     a return of capital or foreign return of capital by way of a distribution of cash or an asset in specie (other than a share distributed in terms of an unbundling transaction contemplated in section 46(1)) is received by or accrues to a shareholder in respect of a share;


(b)     that return of capital or foreign return of capital is received by or accrues to that shareholder on or after valuation date but before 1 October 2007; and


(c)     that share is not disposed of before 1 April 2012,


that return of capital or foreign return of capital must be treated as having been distributed on 1 April 2012.

 

(2)     If paragraph 76(2) applies and the base cost of those shares is a negative amount at the end of 31 March 2012-

 

(a)     that shareholder must be treated as having a capital gain on 31 March 2012 equal to that negative amount; and


(b)     the base cost of those shares at the end of 31 March 2012 must be treated as nil.


(3)     For purposes of paragraph 33(1) the market value of the part disposed of under this paragraph must be treated as being equal to the amount of the cash or the market value of the asset received or accrued by way of a return of capital or foreign return of capital.

Posted in Paragraph 76A (Eighth Schedule) - Part disposal of shares

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