(zE) any amount received by or accrued to the Small Business Development Corporation Limited, by way of any subsidy or assistance payable by the State;
Author: admin_kmos
Section 10(1)(yA) of ITA
(yA) any amount received by or accrued to any person in respect of goods or services provided to beneficiaries in terms of an official development assistance agreement that is binding in terms of section 231(3) of the Constitution of the Republic of South Africa, 1996, to the extent –
(aa) that amount is received or accrued in relation to projects that are approved by the Minister; and
[Subparagraph (aa) substituted by section 16 of Act 17 of 2017 and section 22 of Act 23 of 2018 effective on 17 January 2019]
(bb) where that agreement was concluded on or after 1 January 2007, that that agreement provides that those receipts and accruals of that person must be exempt;
[Subparagraph (bb) substituted by section 22(1)(d) of Act 23 of 2018 and by section 10(1)(e) of Act 23 of 2020 deemed to have come into operation 1 January, 2007 and applicable in respect of years of assessment commencing on or after that date]
(cc) ……….
[Subparagraph (cc) deleted by section 16 of Act 17 of 2017 effective on 18 December 2017]
Section 10(1)(u) of ITA
(u) any amount received by or accrued to any person-
(i) from or on behalf of such person’s spouse or former spouse by way of alimony or allowance or maintenance of such person under an order of judicial separation or divorce granted in consequence of proceedings instituted after the twenty-first day of March, 1962, or under any agreement of separation entered into after that date.
(iA) any amount referred to in subparagraph (ii) of paragraph (b) of the definition of “gross income”, other than any amount deemed to accrue to that person in terms of section 7(11); or
[Subparagraph (iA) inserted by section 11(1)(b) of Act 5 of 2026 effective on 1 March, 2026 and applicable in respect of years of assessment commencing on or after that date]
Section 10(1)(t) of ITA
(t) the receipts and accruals –
(i) of the Council for Scientific and Industrial Research;
(ii) of the South African Inventions Development Corporation;
(iii) of the South African National Roads Agency Limited incorporated in terms of section 3 of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998);
(iv) ……….
(v) of the Armaments Corporation of South Africa Limited, contemplated in section 2(1) of the Armaments Corporation of South Africa, Limited Act, 2003 (Act No. 51 of 2003);
(vi) of any company during any period during which all the issued shares of such company are held by the Corporation referred to in subparagraph (v), if the operations of such company are conducted in pursuance of, or are ancillary or complementary to, the objects of the said Corporation;
(vii) of any traditional council or traditional community established or recognised or deemed to have been established or recognised in terms of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), or any tribe as defined in section 1 of that Act: Provided that the Minister may by notice in the Gazette determine that those receipts and accruals shall not be exempt with effect from any year of assessment commencing on or after a date to be determined by the Minister in such notice;
(viii) of any regional electricity distributor that is wholly owned by any person that is exempt from normal tax during any year of assessment commencing before 1 January 2014, or before a later date that may be determined by the Minister by notice in the Gazette;
(ix) of any water services provider;
(x) of the Development Bank of Southern Africa established on 23 June 1983;
(xi) ……….
(xii) ……….
(xiii) ……….
(xiv) ……….
(xv) ……….
(xvi) of-
(aa) the compensation fund established by section 15 of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);
(bb) the reserve fund established by section 19 of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993); and
(cc) a mutual association licensed in terms of section 30 of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), to carry on the business of insurance of employers against their liabilities to employees, if the compensation paid by the mutual association is identical to compensation that would have been payable in similar circumstances in terms of that Act;
[Subparagraph (xvi) inserted by section 28 of Act 24 of 2011 and amended by section 23 of Act 15 of 2016 effective on 1 April 2016, applies in respect of receipts and accruals on or after that date]
(xvii) of the National Housing Finance Corporation established in 1996 by the National Department of Human Settlements;
[Subparagraph (xvii) added by section 23(1)(h) of Act 15 of 2016 and substituted by section 9(1)(b) of Act 17 of 2023 with effect from 1 April, 2024 and applicable in respect of years of assessment ending on or after that date]
(xviii) of the Corporation for Deposit Insurance established in terms of section 166AE of the Financial Sector Regulation Act:
[Subparagraph (xviii) inserted by section 9(1)(c) of Act 17 of 2023 with effect from 1 April, 2024 and applicable in respect of years of assessment ending on or after that date]
: Provided that any entity contemplated in this paragraph must comply with such reporting requirements as the Commissioner may determine;
Section 10(1)(s) of ITA
(s) any amount by which the employees’ tax as defined in section 1 of the Employment Tax Incentive Act, 2013, payable by an employer as contemplated in section 3 of that Act is reduced in terms of section 2(2) of that Act or paid in terms of section 10 of that Act;
Section 10(1)(r) of ITA
(r) any gratuity (other than a leave gratuity) received by or accrued to any person from public funds upon his retirement from any office or employment under the Government, including the Railway Administration and any provincial administration, or from the funds of the Land and Agricultural Bank of South Africa upon his retirement as a member of the board of the said Bank, which the Treasury declares to be free of tax;
Section 10(1)(q) of ITA
(q) any bona fide scholarship or bursary, other than any scholarship or bursary contemplated in paragraph (qA), granted to enable or assist any person to study at a recognized 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) or to a relative of such employee, the exemption under this paragraph shall not apply –
[Words preceding the proviso substituted by section 16 of Act 17 of 2017 effective on 1 March 2018 and applies in respect of years of assessment commencing on or after that date]
(i) in the case of a scholarship or bursary granted to so enable or assist any such employee, unless the 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 any such relative of an employee so to study –
(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 1(2)(c) of Act 3 of 2008, substituted by section 23(1)(t) of Act 31 of 2013, by section 23(1)(e) of Act 15 of 2016 and by section 7(1)(a) of Act 14 of 2017 and amended by section 10(1)(b) 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 relative, during the year of assessment, exceeds-
(A) R20 000 in respect of-
[Words preceding subsubitem (AA) substituted by section 23 of Act 15 of 2016 and section 7 of Act 14 of 2017 effective on 1 March 2017, applies in respect of years of assessment commencing on or after that date]
(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);
[Subitem (A) substituted by section 16 of Act 25 of 2015 effective on 1 March 2013]
(B) R60 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 1(2)(c) of Act 3 of 2008, substituted by section 23(1)(t) of Act 31 of 2013 and amended by section 10(1)(b) of Act 23 of 2020 effective on 1 March, 2021 and applicable in respect of years of assessment commencing on or after that date]
[Item (B) substituted by section 23(1)(g) of Act 15 of 2016 and by section 7(1)(c) of Act 14 of 2017 deemed effective on 1 March, 2017 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)(b) 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 (q) deleted by section 12(1)(i) of Act 129 of 1991, inserted by section 10(1)(p) of Act 141 of 1992, amended by section 10(1)(f) of Act 28 of 1997, by section 13(1)(c) and (d) of Act 30 of 2002 and substituted by section 10(1)(o) of Act 20 of 2006 and amended by section 16(1)(h) of Act 17 of 2017 effective on 1 March, 2018 and applicable in respect of years of assessment commencing on or after that date]
Section 10(1)(o) of ITA
(o) any form of remuneration –
(i) as defined in paragraph 1 of the Fourth Schedule, derived by any person as an officer or crew member of a ship engaged –
(aa) in the international transportation for reward of passengers or goods; or
(bb) in the prospecting, exploration or mining (including surveys and other work of a similar nature) for, or production of, any minerals (including natural oils) from the seabed outside the Republic, where such officer or crew member is employed on board such ship solely for the purposes of the “passage” of such ship, as defined in the Marine Traffic Act, 1981 (Act No. 2 of 1981),
if such person was outside the Republic for a period or periods exceeding 183 full days in aggregate during the year of assessment;
(iA) as defined in paragraph 1 of the Fourth Schedule, derived by any person as an officer or crew member of a South African ship as defined in section 12Q(1) mainly engaged-
(aa) in international shipping as defined in section 12Q(1); or
(bb) in fishing outside the Republic; or
(ii) to the extent to which that remuneration does not exceed R1,25 million in respect of a year of assessment and is received by or accrues to any employee during any year of assessment by way of any salary, leave pay, wage, overtime pay, bonus, gratuity, commission, fee, emolument or allowance, including any amount referred to in paragraph (i) of the definition of gross income in section 1 or an amount referred to in section 8, 8B or 8C, in respect of services rendered outside the Republic by that employee for or on behalf of any employer, if that employee was outside the Republic-
(aa)
(a) for a period or periods exceeding 183 full days in aggregate during any period of 12 months; or
(b) for a period or periods exceeding 117 full days in aggregate during any period of 12 months in respect of any year of assessment ending on or after 29 February 2020 but on or before 28 February 2021; and
[Item (aa) substituted by section 16(j) of Act 35 of 2007 and by section 10(1)(c) of Act 23 of 2020 deemed to have come into operation 29 February 2020]
(bb) for a continuous period exceeding 60 full days during that period of 12 months, and those services were rendered during that period or periods: Provided that-
(A) for purposes of this subparagraph, a person who is in transit through the Republic between two places outside the Republic and who does not formally enter the Republic through a port of entry a contemplated in section 9(1) of the Immigration Act, 2002 (Act No. 13 of 2002), or at any other place as may be permitted by the Director General of the Department of Home Affairs or the Minister of Home Affairs in terms of that Act, shall be deemed to be outside the Republic;
(B) the provisions of this subparagraph shall not apply in respect of any remuneration-
(AA) derived in respect of the holding of a public office contemplated in section 9(2)(g); or
(BB) received by or accrued to any person in respect of services rendered or work or labour performed as contemplated in section 9(2)(h); and
(C) for the purposes of this subparagraph, where remuneration is received by or accrues to any employee during any year of assessment in respect of services rendered by that employee in more than one year of assessment, the remuneration is deemed to have accrued evenly over the period that those services were rendered;
[Paragraph (C) added by section 16(m) of Act 35 of 2007]
[Paragraph (o) substituted by section 13(1)(l) of Act 89 of 1969, deleted by section 7(1)(c) of Act 65 of 1973, inserted by section 4(1) of Act 140 of 1993, substituted by section 18(1)(h) of Act 53 of 1999 and by section 13(1)(p) of Act 59 of 2000 and amended by section 18(1)(e) of Act 74 of 2002 and by section 16(g) of Act 35 of 2007. Subparagraph (ii) substituted by section 18(1)(g) of Act 74 of 2002 and amended by section 16(i) of Act 35 of 2007, by section 16(1)(g) of Act 17 of 2017 and by section 6(1) of Act 22 of 2020 deemed effective on 1 March, 2020 and applicable in respect of years of assessment commencing on or after that date (section 6(1) of Act 22 of 2020 erroneously refers to the substitution in paragraph (o)(i) for the words preceding item (aa) instead of in paragraph (o)(ii))]
Section 10(1)(nD) of ITA
(nD) any amount received by or accrued to that person which constitutes –
(i) an equity instrument contemplated in section 8C acquired by that person and in respect of which that section applies; or
(ii) consideration for the disposal of an equity instrument contemplated in subparagraph (i),
which had not yet vested as contemplated in that section at the time of that acquisition or disposal;
Section 10(1)(nC) of ITA
(nC) any amount received by or accrued to that person in the form of a qualifying equity share contemplated in section 8B;