Eighth Schedule Index

Eighth Schedule Index

 

PART I: GENERAL

Paragraph 1 – Definitions

Paragraph 2 – Application

PART II: TAXABLE CAPITAL GAINS AND ASSESSED CAPITAL LOSSES

Paragraph 3 – Capital gain

Paragraph 4 – Capital loss

Paragraph 5 – Annual exclusion

Paragraph 6 – Aggregate capital gain

Paragraph 7 – Aggregate capital loss

Paragraph 8 – Net capital gain

Paragraph 9 – Assessed capital loss

Paragraph 10 – Taxable capital gain

PART III: DISPOSAL AND ACQUISITION OF ASSETS

Paragraph 11 – Disposals

Paragraph 12 – Events treated as disposals and acquisitions

Paragraph 12A – Concession or compromise in respect of a debt

Paragraph 13 – Time of disposal

Paragraph 14 – Disposal by spouse married in community of property

PART IV: LIMITATION OF LOSSES

Paragraph 15 – Personal-use aircraft, boats and certain rights and interests

Paragraph 16 – Intangible assets acquired prior to valuation date

Paragraph 17 – Forfeited deposits

Paragraph 18 – Disposal of options

Paragraph 19 – Losses on the disposal of certain shares

PART V: BASE COST

Paragraph 20 – Base cost of asset

Paragraph 20AProvisions relating to farming development expenditure

Paragraph 21 – Limitation of expenditure

Paragraph 22 – Amount of donations tax to be included in base cost

Paragraph 23 – Base cost in respect of value shifting arrangement

Paragraph 24 – Base cost of asset of a person who becomes a resident on or after valuation date

Paragraph 25 – Determination of base cost of pre-valuation date assets

Paragraph 26Valuation date value where proceeds exceed expenditure or where expenditure in respect of an asset cannot be determined

Paragraph 27 – Valuation date value where proceeds do not exceed expenditure

Paragraph 28 – Valuation date value of an instrument

Paragraph 29 – Market value on valuation date

Paragraph 30 – Time-apportionment base cost

Paragraph 31 – Market value

Paragraph 32 – Base cost of identical assets

Paragraph 33 – Part-disposals

Paragraph 34 – Debt substitution

PART VI: PROCEEDS

Paragraph 35 – Proceeds from disposal

Paragraph 35ADisposal of certain debt claims

Paragraph 36 – Disposal of partnership asset

Paragraph 37 – Assets of trust and company

Paragraph 37A – Closure rehabilitation company or trust

Paragraph 37B – Deductions in respect of environmental expenditure

Paragraph 37C – Deductions in respect of environmental conservation and maintenance

Paragraph 37D – [Repealed]

Paragraph 37E – [Repealed]

Paragraph 37F – Determination of taxable income derived by persons previously assessable under certain other laws

Paragraph 37G – Determination of taxable income derived from small business undertakings

Paragraph 37H – Tax holiday scheme for certain companies

Paragraph 38 – Disposal by way of donation, consideration not measurable in money and transactions between connected persons not at an arm’s length price

Paragraph 39 – Capital losses determined in respect of disposals to certain connected persons

Paragraph 39A – Disposal of asset for unaccrued amounts of proceeds

Paragraph 40 – Disposal to and from deceased estate

Paragraph 41 – Tax payable by heir of a deceased estate

Paragraph 42 – Short-term disposals and acquisitions of identical financial instruments

Paragraph 42A – [Repealed]

Paragraph 43 – Assets disposed of or acquired in foreign currency

Paragraph 43A – Dividends treated as proceeds on disposal of certain shares

Paragraph 43B – Base cost of assets of controlled foreign companies

PART VII: PRIMARY RESIDENCE EXCLUSION

Paragraph 44 – Definitions

Paragraph 45 – General principle

Paragraph 46 – Size of residential property qualifying for exclusion

Paragraph 47 – Apportionment in respect of periods where not ordinarily resident

Paragraph 48 – Disposal and acquisition of primary residence

Paragraph 49 – Non-residential use

Paragraph 50 – Rental periods

Paragraph 51 – Transfer of residence from company or trust

Paragraph 51A – Disposal of residence by company or trust and liquidation, winding up, deregistration or revocation of company or trust

PART VIII: OTHER EXCLUSIONS

Paragraph 52 – General principle

Paragraph 53 – Personal-use assets

Paragraph 54 – Retirement benefits

Paragraph 55 – Long-term assurance

Paragraph 56 – Disposal by creditor of debt owed by connected person

Paragraph 57 – Disposal of small business assets

Paragraph 57A – Disposal of micro business assets

Paragraph 58 – Exercise of options

Paragraph 59 – Compensation for personal injury, illness or defamation

Paragraph 60 – Gambling, games and competitions

Paragraph 61 – Portfolios of collective investment schemes other than portfolios of collective investment schemes in property

Paragraph 62 – Donations and bequests to public benefit organisations and exempt persons

Paragraph 63 – Exempt persons

Paragraph 63A – Public benefit organisations

Paragraph 63B – Small business funding entities

Paragraph 64 – Asset used to produce exempt income

Paragraph 64A – Awards in terms of land restitution programmes and land reform measures

Paragraph 64B – Disposal of equity shares in foreign companies

Paragraph 64C – Disposal of restricted equity instrument

Paragraph 64D – Land donated in terms of land reform measures

Paragraph 64E – Disposal by trust in terms of share incentive scheme

PART IX: ROLL-OVERS

Paragraph 65 – Involuntary disposal

Paragraph 65B – Disposal by recreational club

Paragraph 66 – Reinvestment in replacement assets

Paragraph 67 – [Repealed]

Paragraph 67A – [Repealed]

Paragraph 67AB – [Repealed]

Paragraph 67B – Disposal of immovable property by share block company

Paragraph 67C – Mineral rights conversions and renewals

Paragraph 67D – Communications licence conversions

PART X: ATTRIBUTION OF CAPITAL GAINS

Paragraph 68 – Attribution of capital gain to spouse

Paragraph 69 – Attribution of capital gain to parent of minor child

Paragraph 70 – Attribution of capital gain subject to conditional vesting

Paragraph 71 – Attribution of capital gain subject to revocable vesting

Paragraph 72 – Attribution of capital gain and other amounts vesting in person that is not a resident

Paragraph 73 – Attribution of income and capital gain

PART XI: COMPANY DISTRIBUTIONS

Paragraph 74 – Definitions

Paragraph 75 – Distributions in specie by company

Paragraph 76 – Returns of capital and foreign returns of capital by way of distributions of cash or assets in specie

Paragraph 76A – Part-disposal of shares

Paragraph 76B – Reduction in base cost of shares as result of distributions

Paragraph 77 – Distributions in liquidation or deregistration received by holders of shares

Paragraph 78 – [Repealed]

Paragraph 79 – [Repealed]

PART XII: TRUSTS, TRUST BENEFICIARIES AND INSOLVENT ESTATES

Paragraph 80 – Capital gain attributed to beneficiary

Paragraph 81 – Base cost of interest in discretionary trust

Paragraph 82 – Death of beneficiary of special trust

Paragraph 83 – Insolvent estate of person

PART XIII: FOREIGN CURRENCY

Paragraph 84 – [Repealed]

Paragraph 85 – [Repealed]

Paragraph 86 – [Repealed]

Paragraph 87 – [Repealed]

Paragraph 88 – [Repealed]

Paragraph 89 – [Repealed]

Paragraph 90 – [Repealed]

Paragraph 91 – [Repealed]

Paragraph 92 – [Repealed]

Paragraph 93 – [Repealed]

Paragraph 94 – [Repealed]

Paragraph 95 – [Repealed]

Paragraph 96 – [Repealed]

PART XIV: MISCELLANEOUS

Paragraph 97 – Transactions during transitional period