Author: admin_kmos

Section 23(d) of ITA

Posted on by admin_kmos

(d)     any tax or interest imposed under this Act or any interest or penalty imposed under any other Act administered by the Commissioner;

[Paragraph (d) substituted by section 20(a) of Act 121 of 1984, by section 20(a) of Act 141 of 1992, by section 28(1)(a) of Act 30 of 2000, by section 13 of Act 16 of 2004, by section 271 read with paragraph 38 of Schedule 1 of Act 28 of 2011 and by section 17 of Act 42 of 2024]

Section 23(c) of ITA

Posted on by admin_kmos

(c)     any loss or expense, the deduction of which would otherwise be allowable, to the extent to which it is recoverable under any contract of insurance, guarantee, security or indemnity, except where section 23L(3) applies;

[Paragraph (c) substituted by section 24(1) of Act 23 of 2020 effective on 1 January, 2021 and applies in respect of years of assessment commencing on or after that date]

Section 23(b) of ITA

Posted on by admin_kmos

(b)     domestic or private expenses, including the rent of or cost of repairs of or expenses in connection with any premises not occupied for the purposes of trade or of any dwelling–house or domestic premises except in respect of such part as may be occupied for the purposes of trade: Provided that –

 

(a)     such part shall not be deemed to have been occupied for the purposes of trade, unless such part is specifically equipped for purposes of the taxpayer’s trade and regularly and exclusively used for such purposes; and

 

(b)     no deduction shall in any event be granted where the taxpayer’s trade constitutes any employment or office unless –

 

(i)      his income from such employment or office is derived mainly from commission or other variable payments which are based on the taxpayer’s work performance and his duties are mainly performed otherwise than in an office which is provided to him by his employer; or

 

(ii)     his duties are mainly performed in such part;