Section 10(1)(gB) of ITA

(gB)   any –

(i)      compensation paid in terms of the Workmen’s Compensation Act, 1941 (Act No. 30 of 1941), or the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);

(ii)     pension paid in respect of the death or disablement caused by any occupational injury or disease sustained or contracted by an employee before 1 March 1994 in the course of employment, where that employee would have qualified for compensation under the Compensation for Occupational Injuries and Diseases Act. 1993, had that injury or disease been sustained or contracted on or after 1 March 1994; or

(iii)    compensation paid in respect of the death of any person where that death arises out of and in the course of the employment of that person, to the extent that that compensation-

(A)    was paid in addition to any compensation contemplated in subparagraph (i) paid in that respect;

(B)    does not exceed an amount of R300 000; and

(C)    was paid by the employer of that person;

(iv)    compensation paid in terms of section 17 of the Road Accident Fund Act, 1996 (Act No. 56 of 1996);

Section 10(1)(e) of ITA

(e)

(i)      any levy received by or accrued to –

(aa)   any body corporate established in terms of the Sectional Titles Schemes Management Act, 2011 (Act 8 of 2011), from its members;

[Item (aa) substituted by section 11(1)(a) of Act 5 of 2026]

(bb)   a share block company as defined in the Share Blocks Control Act from the holders of shares in that share block company; or

[Item (bb) substituted by section 28 of Act 24 of 2011, section 23 of Act 31 of 2013 and section 14 of Act 43 of 2014 effective on 20 January 2015]

(cc)   any other association of persons (other than a company as defined in the Companies Act, any co-operative, close corporation and trust, but including a non-profit company as defined in that Act) from its members, where the Commissioner is satisfied that, subject to such conditions as he or she may deem necessary, such association of persons-

(A)    has been formed solely for purposes of managing the collective interests common to all its members, which includes expenditure applicable to the common immovable property of such members and the collection of levies for which such members are liable; and

(B)     is not permitted to distribute any of its funds to any person other than a similar association of persons:

Provided that such body, company or association is or was not knowingly a party to, or does not knowingly permit or has not knowingly permitted, itself to be used as part of any transaction, operation or scheme of which the sole or main purpose is or was the reduction, postponement or avoidance of liability for any tax, duty or levy which, but for such transaction, operation or scheme, would have been or would become payable by any person under this Act or any other law administered by the Commissioner; and

(ii)     any receipts and accruals other than levies derived by a body corporate, share block company or association contemplated in subparagraph (i), to the extent that the aggregate of those receipts and accruals does not exceed R50000;

Section 10(1)(d) of ITA

(d)     the receipts and accruals of any –

(i)      pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund, or a beneficiary fund defined in section 1 of the Pension Funds Act;

(ii)     benefit fund; or

(iii)    mutual loan association, fidelity or indemnity fund, trade union, chamber of commerce or industries (or an association of such chambers) or local publicity association approved by the Commissioner in terms of section 30B; or;

(iv)    company, society or other association of persons established to –

(aa)    ……….

(bb)   promote the common interests of persons (being members of such company, society or association of persons) carrying on any particular kind of business, profession or occupation,

approved by the Commissioner in terms of section 30B;

Section 10(1)(cP) of ITA

(cP)  the receipts and accruals of a company or trust contemplated in section 37A;

: Provided that this paragraph does not apply where-

(a)     the constitution of a company or the instrument establishing a trust does not comply with section 37A(5)(a); and

(b)     the person contemplated in section 37A(5)(b) does not furnish the Commissioner with a written undertaking as contemplated in that section;

[Proviso to paragraph (cP) added by section 16 of Act 17 of 2017 effective on 18 December 2017]

Section 10(1)(cO) of ITA

(cO)  the receipts and accruals of any recreational club approved by the Commissioner in terms of section 30A, to the extent that the receipts and accruals are derived –

  

(i)      in the form of membership fees or subscriptions paid by its members;

(ii)     from any business undertaking or trading activity that –

(aa)   is integral and directly related to the provision of social and recreational amenities or facilities for the members of that club;


(bb)   is carried out on a basis substantially the whole of which is directed towards the recovery of cost; and


(cc)    does not result in unfair competition in relation to taxable entities;


(iii)    from any fundraising activities of that club, which are of an occasional nature and undertaken substantially with assistance on a voluntary basis without compensation; and

(iv)    from any other source and do not in total exceed the greater of –

(aa)  five per cent of the total membership fees and subscriptions due and payable by its members during the relevant year of assessment; or

(bb)   R120 000;

Section 10(1)(cN) of ITA

(cN)  the receipts and accruals of any public benefit organisation approved by the Commissioner in terms of section 30(3), to the extent that the receipts and accruals are derived –

(i)      otherwise than from any business undertaking or trading activity; or

(ii)     from any business undertaking or trading activity –

(aa)    if the undertaking or activity –

(A)    is integral and directly related to the sole or principal object of that public benefit organisation as contemplated in paragraph (b) of the definition of ‘public benefit organisation’ in section 30;

(B)     is carried out or conducted on a basis substantially the whole of which is directed towards the recovery of cost; and

(C)     does not result in unfair competition in relation to taxable entities;

(bb)   if the undertaking or activity is of an occasional nature and undertaken substantially with assistance on a voluntary basis without compensation;

(cc)    if the undertaking or activity is approved by the Minister by notice in the Gazette, having regard to –

(A)    the scope and benevolent nature of the undertaking or activity;

(B)     the direct connection and interrelationship of the undertaking or activity with the sole or principal object of the public benefit organisation;

(C)     the profitability of the undertaking or activity; and

(D)    the level of economic distortion that may be caused by the tax exempt status of the public benefit organisation carrying out the undertaking or activity; or

(dd)   other than an undertaking or activity in respect of which item (aa), (bb) or (cc) applies and do not exceed the greater of –

(i)      5 per cent of the total receipts and accruals of that public benefit organisation during the relevant year of assessment; or

(ii)     R200 000;

Section 10(1)(cG) of ITA

(cG)  the receipts and accruals of any person who is not a resident, which are derived by such person from carrying on business as the owner or charterer of any ship or aircraft, if a similar exemption or equivalent relief is granted by the country of which such person is a resident, to any resident in respect of any tax imposed in that country on income which may be derived by such person from carrying on in such country any business as owner or charterer of any ship or aircraft;

Section 10(1)(cA) of ITA

(cA)   the receipts and accruals of

(i)      any institution, board or body (other than a company as defined in the Companies Act, any co-operative, close corporation, trust or water services provider) established by or under any law and which, in the furtherance of its sole or principal object-

(aa)  conducts scientific, technical or industrial research;

(bb)   provides necessary or useful commodities, amenities or services to the State (including any provincial administration) or members of the general public; or

(cc)   carries on activities (including the rendering of financial assistance by way of loans or otherwise) designed to promote commerce, industry or agriculture or any branch thereof;

(ii)     any association, corporation or company contemplated in paragraph (a) of the definition of “company” in section 1, all the shares of which are held by any such institution, board or body, if the operations of such association, corporation or company are ancillary or complementary to the object of such institution, board or body:

Provided that such institution, board, body or company

(a)     has been approved by the Commissioner subject to such conditions as he may deem necessary to ensure that the activities of such institution, board, body or company are wholly or mainly directed to the furtherance of its sole or principal object;

(b)     is by law or under its constitution

(i)      not permitted to distribute any amount to any person, other than, in the case of such company, to the holders of shares in that company;

[Subparagraph (i) substituted by section 23(1)(c) of Act 31 of 2013 and by section 10(1)(a) of Act 23 of 2020]

(ii)     required to utilize its funds solely for investment or the object for which it has been established; and

(iii)    required on dissolution-

(aa)   where the institution, board, body or company is established under any law, to transfer its assets to some other institution, board or body which has been granted exemption from tax in terms of this paragraph and which has objects similar to those of such institution, board, body or company; or

(bb)   where the institution, board or body is established by law, to transfer its assets to

(A)    some other institution, board or body which has been granted exemption from tax in terms of this paragraph and which has objects similar to those of such institution, board, body or company; or

(B)    to the State:

Provided further that

(a)     where the Commissioner is satisfied that any such institution, board, body or company has during any year of assessment failed to comply with the provisions of this paragraph, he may withdraw his approval of the institution, board, body or company with effect from the commencement of that year of assessment;

(b)     where the institution, board, body or company fails to transfer, or take reasonable steps to transfer, its assets as contemplated in paragraph (b) (iii) of the first proviso, the accumulated net revenue which has not been distributed shall be deemed for the purposes of this Act to be an amount of taxable income which accrued to such institution, board, body or company during the year of assessment contemplated in paragraph (a); and

(c)     ……….