Paragraph 6A (Second Schedule) – Transfer on or after normal retirement age but before retirement date: Deductions

TRANSFER ON OR AFTER NORMAL RETIREMENT AGE BUT BEFORE RETIREMENT DATE: DEDUCTIONS

6A.    The deduction to be made from a lump sum benefit contemplated in paragraph 2(1)(c) is equal to so much of that lump sum benefit as is transferred for the benefit of a person from a-

(a)     pension fund into a pension preservation fund, provident preservation fund or a retirement annuity fund;

[Subparagraph (a) substituted by section 66(1)(a) of Act 23 of 2018 and by section 42(1) of Act 23 of 2020 and amended by section 35(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]

(b)     provident fund into a pension preservation fund, provident preservation fund or a retirement annuity fund;

[Subparagraph (b) substituted by section 66(1)(a) of Act 23 of 2018, amended by section 35(1) of Act 20 of 2021 and substituted by section 40(1)(a) of Act 17 of 2023 with effect 1 March, 2024 and applicable in respect of years of assessment commencing on or after that date]

(c)     pension preservation or provident preservation fund into another pension preservation or provident preservation fund or a retirement annuity fund;

[Subparagraph (c) added by section 35(1) of Act 20 of 2021 and substituted by section 40(1)(a) of Act 17 of 2023 and by section 31(1)(a) of Act 42 of 2024 effective on 1 March, 2025 and applicable in respect of years of assessment commencing on or after that date]

(d)     pension fund or provident fund into another pension fund or provident fund in the case of an involuntary transfer; or

[Subparagraph (d) added by section 40(1)(b) of Act 17 of 2023 and substituted by section 31(1)(a) of Act 42 of 2024 effective on 1 March, 2025 and applicable in respect of years of assessment commencing on or after that date]

(e)     retirement annuity fund into another retirement annuity fund.

[Paragraph 6A added by section 65(1) of Act 17 of 2017 and amended by section 66(1)(b) of Act 23 of 2018 deemed effective on 1 March, 2018 and by section 66(1)(c) of Act 23 of 2018 effective on 1 March, 2019 and applicable in respect of years of assessment commencing on or after that date. Subparagraph (e) added by section 31(1)(b) of Act 42 of 2024 effective on 1 March, 2025 and applicable in respect of years of assessment commencing on or after that date]

Section 10(1)(qA) of ITA

(qA)  any bona fide scholarship or bursary granted to enable or assist any person who is a person with a disability as defined in section 6B(1) to study at a recognised educational or research institution: Provided that if any such scholarship or bursary has been so granted by an employer or an associated institution (as respectively defined in paragraph 1 of the Seventh Schedule) to an employee (as defined in the said paragraph) who is a person with a disability as defined in section 6B(1) or to any person with a disability as defined in section 6B(1) who is a member of the family of an employee (as defined in paragraph 1 of the Seventh Schedule) in respect of whom that employee is liable for family care and support, the exemption under this paragraph shall not apply-

(i)      in the case of a scholarship or bursary granted to so enable or assist an employee, who is a person with a disability as defined in section 6B(1), unless that employee agrees to reimburse the employer for any scholarship or bursary granted to that employee if that employee fails to complete his or her studies for reasons other than death, ill-health or injury;

(ii)     in the case of a scholarship or bursary granted to enable or assist a person with a disability as defined in section 6B(1) who is a member of the family of an employee, as defined in paragraph 1 of the Seventh Schedule, in respect of whom that employee is liable for family care and support, to study-

[Words preceding item (aa) substituted by section 22 of Act 23 of 2018 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]

(aa)   if the remuneration proxy derived by the employee in relation to a year of assessment exceeded R600 000;

[Sub-paragraph (aa) amended by section 10(1)(d) of Act 23 of 2020 effective on 1 March, 2021 and applicable in respect of years of assessment commencing on or after that date]

(bb)   to so much of any scholarship or bursary contemplated in this subparagraph as in the case of any such member of the family of that employee, during the year of assessment, exceeds-

(A)    R30 000 in respect of-

(AA) grade R to grade twelve as contemplated in the definition of “school” in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996); or

(BB) a qualification to which an NQF level from 1 up to and including 4 has been allocated in accordance with Chapter 2 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008); and

(B)    R90 000 in respect of a qualification to which an NQF level from 5 up to and including 10 has been allocated in accordance with Chapter 2 of the National Qualifications Framework Act, 2008 (Act 67 of 2008); and

[Sub-paragraph (bb) amended by section 10(1)(d) of Act 23 of 2020 effective on 1 March, 2021 and applicable in respect of years of assessment commencing on or after that date]

(cc)   if any remuneration to which the employee was entitled or might in the future have become entitled was in any manner whatsoever reduced or forfeited as a result of the grant of such scholarship or bursary;

[Sub-paragraph (cc) added by section 10(1)(d) of Act 23 of 2020 effective on 1 March, 2021 and applicable in respect of years of assessment commencing on or after that date]

[Paragraph (qA) inserted by section 11(c) of Act 55 of 1966, substituted by section 10(1)(g) of Act 121 of 1984, deleted by section 12(1)(j) of Act 129 of 1991 and inserted by section 16(1)(i) of Act 17 of 2017 effective on 1 March, 2018 and applicable in respect of years of assessment commencing on or after that date. Paragraph (ii) amended by section 22(1)(c) of Act 23 of 2018 deemed effective on 1 March, 2018 and applicable in respect of years of assessment commencing on or after that date]

Section 7E (ITA) – Time of accrual of interest payable by SARS

7E.    Time of accrual of interest payable by SARS

In determining the taxable income derived by any person during a year of assessment, any amount of interest to which a person becomes entitled that is payable by SARS in terms of a tax Act is deemed to accrue to that person on the date on which that amount is paid to that person.

[Section 7E inserted by section 7 of Act 17 of 2017 effective on 1 March 2018, applies to amounts of interest paid by SARS on or after that date]

Subsections 2 and 3 of section 78A of VAT Act

(2)     Where a person is deregistered in terms of the Sixth Schedule to the Income Tax Act and registers as a vendor, any supplies of goods or services-

 

(a)     made by that person before it became a vendor;


(b)     in respect of which the time of supply would have been deemed to have taken place while that person was a registered micro business had it been registered as a vendor during that time;


(c)     which were not included in the taxable turnover of that person while it was a registered micro business; and


(d)     the receipts for which are received after it became a vendor,


must be deemed to be made in the course or furtherance of that vendor’s enterprise in the tax period in which those receipts are received.

(3)     Subject to section 18(4)(b), where a person is deregistered in terms of the Sixth Schedule to the Income Tax Act and registers as a vendor, any value-added tax paid on expenditure it incurred while it was a registered micro business may not be deducted by that vendor as input tax.

[Section 78A inserted by section 115 of Act 60 of 2008 effective on 1 March 2009