“Special trust” definition of section 1 of ITA

“special trust” means a trust created –

(a)     solely for the benefit of one or more persons who is or are persons with a disability as defined in section 6B(1) where such disability incapacitates such person or persons from earning sufficient income for their maintenance, or from managing their own financial affairs: Provided that-

(aa)   such trust shall be deemed not to be a special trust in respect of years of assessment ending on or after the date on which all such persons are deceased; and

(bb)   where such trust is created for the benefit of more than one person, all persons for whose benefit the trust is created must be relatives in relation to each other; or

(b)     by or in terms of the will of a deceased person, solely for the benefit of beneficiaries who are relatives in relation to that deceased person and who are alive on the date of death of that deceased person (including any beneficiary who has been conceived but not yet born on that date), where the youngest of those beneficiaries is on the last day of the year of assessment of that trust under the age of 18 years;

“Specified period” definition of section 1 of ITA

“specified period”, in relation to a year of assessment of any company commencing on or after 1 April 1977, means

(a)     where such year of assessment is the first financial year of such company, the period commencing on the first day of such year and ending six months after the specified date in respect of such year; and

(b)     where such year of assessment is a subsequent financial year of such company, the period commencing the day after the end of the specified period in respect of the immediately preceding year of assessment and ending six months after the specified date in respect of the year of assessment in question:

Provided that where by reason of the amalgamation under section 94 of the Cooperative Societies Act, 1939 (Act No. 29 of 1939), of two or more agricultural cooperatives (as defined in section 27(9) of this Act), the assets and liabilities of such cooperatives have vested in a new agricultural cooperative (as so defined), the Commissioner may, having regard to the circumstances of the case, direct that the specified period of each of the cooperatives which have so amalgamated, as applicable in relation to the final year of assessment of the cooperative in question be extended so as to end on such day as the Commissioner may determine;

“Spouse” definition of section 1 of ITA

“spouse”, in relation to any person, means a person who is the partner of such person-

(a)     in a marriage or customary union recognised in terms of the laws of the Republic;

(b)     in a union recognised as a marriage in accordance with the tenets of any religion; or

(c)     in a same-sex or heterosexual union which is intended to be permanent,

[Paragraph (c) substituted by section 3 of Act 25 of 2015 effective on 8 January 2016]

 

and “married”, “husband” or “wife” shall be construed accordingly: Provided that a marriage or union contemplated in paragraph (b) or (c) shall, in the absence of proof to the contrary, be deemed to be a marriage or union out of community of property;

“Storage building” definition of section 27 of ITA

“storage building”, in relation to any agricultural cooperative, means

 


(a)     a building which is at any relevant time or during any relevant period wholly or mainly used by such cooperative for storing or packing pastoral, agricultural or other products produced by such cooperative’s members or for carrying on therein any primary process in respect of such products; or

 

(b)     a structure of a permanent nature which is at any relevant time or during any relevant period wholly or mainly used by such cooperative in connection with the fattening of livestock on behalf of the members of such cooperative:

 

Provided that for the purposes of this definition the members of a central cooperative agricultural company or central farmers’ special cooperative company or federal cooperative agricultural company or federal farmers’ special cooperative company, as defined in the Cooperative Societies Act, 1939, shall be deemed to include the members of any agricultural cooperative which itself is a member of such company.