Category: CHAPTER II – The Taxes (ITA)

Section 23(b) of ITA

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(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;

Subsections 2, 2A and 3 of section 20C of ITA

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(2)     Where a headquarter company has during any year of assessment incurred any interest in respect of any financial assistance granted to that headquarter company by a person-

 

(a)     that is not a resident; and

 

(b)     if that person is a company, that directly or indirectly (and whether alone or together with any other company forming part of the same group of companies as that person) holds at least 10 per cent of the equity shares and voting rights in that headquarter company,

 

the amount of that interest in respect of which a deduction is allowable to that headquarter company in that year of assessment is limited to so much of the amount of interest received by or accrued to the headquarter company as relates to any portion of that financial assistance that is directly applied as financial assistance to any foreign company in which the headquarter company directly or indirectly (whether alone or together with any other company forming part of the same group of companies as that headquarter company) holds at least 10 per cent of the equity shares and voting rights.

 

(2A)   Where a headquarter company has during any year of assessment incurred any amount that constitutes a royalty payable to a person-

 

(a)     that is not a resident; and

 

(b)     if that person is a company, that directly or indirectly (and whether alone or together with any other company forming part of the same group of companies as that person) holds at least 10 per cent of the equity shares and voting rights in that headquarter company,

 

the amount of that royalty in respect of which a deduction is allowable to that headquarter company in that year of assessment is limited to so much of any amounts received by or accrued to the headquarter company in respect of-

 

(i)      the use or right of use of or permission to use any intellectual property as defined in section 23I; or

 

(ii)     the imparting of or the undertaking to impart any scientific, technical, industrial or commercial knowledge or information, or the rendering of or the undertaking to render, any assistance or service in connection with the application or utilisation of such knowledge or information,

 

from any foreign company in which the headquarter company directly or indirectly (whether alone or together with any other company forming part of the same group of companies as that headquarter company) holds at least 10 per cent of the equity shares and voting rights.

 

(3)     Any amount that is disallowed as a deduction in any year of assessment of a headquarter company in terms of subsection (2) or (2A) must-

   

(a)     be carried forward to the immediately succeeding year of assessment of the headquarter company; and

  

(b)     where that amount is disallowed as a deduction-

 

(i)      in terms of subsection (2), be deemed to be an amount of interest actually incurred by the headquarter company during that succeeding year in respect of financial assistance granted to that headquarter company by a person that is not a resident; or

 

(ii)     in terms of subsection (2A), be deemed to be an amount actually incurred by the headquarter company during that succeeding year that constitutes a royalty payable to a person that is not a resident.

Section 23(c) of ITA

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(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]