Category: Definitions – ITA

“South African ship” definition of section 12Q of ITA

Posted on by admin_kmos

“South African ship” means a ship-

(a)     which is registered in the Republic in accordance with Part 1 of Chapter 4 of the Ship Registration Act, 1998 (Act No. 58 of 1998); or

(b)     another ship or ships used temporarily in lieu of the ship contemplated in paragraph (a) by virtue of that ship being subject to repair or maintenance.

[Definition of” South African ship” substituted by section 27 of Act 25 of 2015 and section 31 of Act 23 of 2018 effective on 1 April 2019, applies in respect of years of assessment commencing on or after that date.]

“Special trust” definition of section 1 of ITA

Posted on by admin_kmos

“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

Posted on by admin_kmos

“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 Co–operative Societies Act, 1939 (Act No. 29 of 1939), of two or more agricultural co–operatives (as defined in section 27(9) of this Act), the assets and liabilities of such co–operatives have vested in a new agricultural co–operative (as so defined), the Commissioner may, having regard to the circumstances of the case, direct that the specified period of each of the co–operatives which have so amalgamated, as applicable in relation to the final year of assessment of the co–operative in question be extended so as to end on such day as the Commissioner may determine;

“Spouse” definition of section 1 of ITA

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“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;