Author: admin_kmos
BPR413 (ITA) – Application of proviso to section 8EA(3)
BPR412 (ITA) – Tax consequences of the issue of a long-term loan for the issuer and holder (Definition of “group of companies”, sections 8F, 10(1)(k), 41(1), 64FA of ITA)
BPR411 (ITA) (VAT) – Tax consequences of a deemed input tax deduction under the VAT Act (“Gross income”, “asset” definitions of ITA, “input tax” definition, section 8, 16 of VAT Act)
BGR74 (VAT) – VAT treatment of certain supplies of goods or services made by municipalities to a national or provincial government (“Grant”, “input tax” definitions, sections 7, 8(5A), 54 of VAT Act)
BPR410 (ITA) – Disposal by a controlled foreign company of equity shares in a foreign company (Section 9H(3), paragraph 64B of Eighth Schedule of ITA)
Interpretation Note 134 (IN134) – Disposal of assets by deceased person, deceased estate, and transfer of assets between spouses (Sections 9HA, 9HB, 25 of ITA)
Paragraph 6B (Second Schedule) – Transfer between the components of the retirement system: Deductions
TRANSFER BETWEEN THE COMPONENTS OF THE RETIREMENT SYSTEM: DEDUCTIONS
6B. The deduction to be allowed from an amount contemplated in paragraph 2(1)(d) is equal to so much of that amount as is transferred for the benefit of a person from the-
(a) savings component in a fund into the savings component of a member or former spouse of that member or the retirement component of a member or former spouse of that member in another pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund;
(b) vested component in that fund into the vested component of that member or former spouse of that member or the retirement component of that member or former spouse of that member in another pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund; and
(c) retirement component into the retirement component of that member or former spouse of that member in another pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund:
Provided that subparagraph (a), (b) or (c) only applies to an amount transferred on termination of membership in the transferor fund or an amount contemplated in paragraph 2(1)(b)(iA), and only if all the remaining components are transferred to the same transferee fund or if all the components are transferred on an individual contract policy basis to the same transferee fund.
[Paragraph 6B added by section 4(1) of Act 12 of 2024 and substituted by section 3(1) of Act 44 of 2024 deemed to have come into operation on 1 September, 2024]
“Vested component” definition of section 1 of ITA
“vested component” means a component established in terms of the rules of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund for a person who is a member of that fund: Provided that the rules of the fund provide that-
(a) the member’s interest in this component, after taking into account the allocation of the amount contemplated in paragraph (a) of the definition of “savings component”, is subject to and must be paid in accordance with the rules of the fund that exist immediately prior to 1 September 2024;
(b) no contributions may be made to this component on or after 1 September 2024, except in the case of a person who was a member of a provident fund and is still a member of the same provident fund and who was 55 years of age or older on 1 March 2021: Provided that where the above-mentioned member has elected to make contributions to the savings component and the retirement component on or after 1 September 2024, that member may not be allowed to make contributions to this component from the month following the effective date of election;
(c) the member may, in accordance with the rules of the fund that exist immediately prior to 1 September 2024, elect to transfer the value of this component into the member’s vested component of another pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund on termination of membership of the fund;
(d) the member may elect to transfer the value of this component into the member’s retirement component of another pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund on termination of membership of the fund; and
(e) the member may elect to transfer the value of this component into the member’s retirement component of the same pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund of which he or she is a member;
[Definition of “vested component” inserted by section 1(1)(zJ) of Act 12 of 2024 and substituted by section 1(1)(zH) of Act 44 of 2024 deemed to have come into operation on 1 September, 2024]
“Total retirement contribution” definition of section 1 of ITA
“total retirement contribution” means any amount contributed to any pension fund, provident fund or retirement annuity fund in terms of the rules of that fund on or after 1 September 2024 by a person who is a member of that fund or any other person on behalf of that member, excluding any charges or premiums thereon;
[Definition of “total retirement contribution” inserted by section 1(1)(zI) of Act 12 of 2024 effective on 1 September, 2024 and applicable in respect of years of assessment commencing on or after that date]