“Purchaser” definition of section 10A of ITA

“purchaser”, in relation to an annuity contract means

 

(a)     any natural person and includes such person’s deceased or insolvent estate; or

 

(b)     a curator bonis of, or a trust created solely for the benefit of, any natural person where the High Court has declared such person to be of unsound mind and incapable of managing his own affairs and such Court has ordered the appointment of such curator or creation of such trust, as the case may be;

“Expected return” definition of section 10A of ITA

“expected return”, in relation to an annuity under an annuity contract, means an amount determined in a manner contemplated in this section as representing the sum of all the annuity amounts which may, as at the commencement of the annuity contract, be expected to become payable by way of the annuity from the said commencement;

“Annuity contract” definition of section 10A of ITA

“annuity contract” means an agreement concluded between an insurer in the course of his insurance business and a purchaser, in terms of which

 

(a)     the insurer agrees to pay to the purchaser or the purchaser’s spouse or surviving spouse an annuity or annuities (whether to one such person or to each of them) until the death of the annuitant or the expiry of a specified term;

 

(b)     the purchaser agrees to pay to the insurer a lump sum cash consideration for such annuity or annuities; and

 

(c)     no amounts are or will be payable by the insurer to the purchaser or any other person other than amounts payable by way of such annuity or annuities or, where an annuity is payable for a minimum term and such annuity is in the event of the death of the annuitant before the end of such term to continue to be payable to some third person for the balance of that term, amounts which may be so payable to such third person by way of such annuity,

 

but does not include any agreement for the payment by any insurer of any annuity which is under the rules of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund payable to a member of such fund or to any other person;

Subsections 2 and 3 of section 10 of ITA

(2)     Notwithstanding the exemptions provided for in paragraphs (h) and (k) of subsection (1)-

(a)     ……….

(b)     the said exemptions shall not apply in respect of any portion of an annuity.

(3)     The exemptions from tax provided by any paragraph of subsection (1) shall not extend to-

(a)     any payments out of the receipts, accruals, amounts or profits mentioned in such paragraph; or

(b)     any tax leviable under this Act in respect of any taxable capital gain determined in accordance with the Eighth Schedule.

(4) . . . . . .

(5)

(a)     A person is disqualified from managing the collective interests common to all its members as mentioned in subsection (1)(e)(i)(cc)(A) if that person is disqualified in terms of section 6 of the Trust Property Control Act, 1988 (Act 57 of 1988), section 25A of the Nonprofit Organisations Act, 1997 (Act 71 of 1997), or section 69 of the Companies Act.

(b)     A person who manages the collective interests common to all its members, as mentioned in subsection (1)(e)(i)(cc)(A) in contravention of paragraph (a), shall be guilty of an offence and liable, on conviction, to a fine or to imprisonment for a period not exceeding 24 months.

[Subsection (5) added by section 3 of Act 18 of 2023]

Section 10(1)(zJ) of ITA

(zJ)   any amount received by or accrued to or in favour of a registered micro business as defined in the Sixth Schedule, from the carrying on of a business in the Republic, other than an amount received by or accrued to a natural person registered as a micro business that constitutes-

(i)      investment income as defined in paragraph 1 of the Sixth Schedule; or

(ii)     remuneration as defined in the Fourth Schedule.