64D. Definitions
Category: Section 64D (ITA) – Definitions
Section 64D
- Words preceding subparagraph (i) substituted by section 102 of Act 31 of 2013 effective on 12 December 2013.
- Definition of ‘dividend’ substituted by section 75 of Act 24 of 2011 effective on 1 April 2012.
- Paragraph (a) of definition of “regulated intermediary” substituted by section 102 of Act 31 of 2013 effective on 3 June 2013.
- Paragraph (b) of definition of “regulated intermediary” substituted by section 102 of Act 31 of 2013 effective on 3 June 2013.
- Paragraph (c) of definition of “regulated intermediary” substituted by section 102 of Act 31 of 2013 effective on 3 June 2013.
- Paragraph (d) of definition of “regulated intermediary” amended by section 70 of Act 7 of 2010 effective on 1 April 2012.
- Paragraph (e) of definition of “regulated intermediary” amended by section 70 of Act 7 of 2010 effective on 1 April 2012.
- Paragraph (f) of definition of “regulated intermediary” inserted by section 70 of Act 7 of 2010 effective on 1 April 2012.
“Beneficial owner” definition of section 64D of ITA
In this Part-
‘beneficial owner’ means the person entitled to the benefit of the dividend attaching to a share;
“Dividend” definition of section 64D of ITA
“dividend” means any dividend or foreign dividend as defined in section 1, including any amount contemplated in section 31(3)(i), that is—
(a) paid by a company that is a resident; or
(b) paid by a foreign company –
(i) if the share in respect of which that foreign dividend is paid is a listed share; and
(ii) to the extent that that foreign dividend does not consist of a distribution of an asset in specie;
[Definition of “dividend” substituted by section 75(1) of Act 24 of 2011 and amended by section 60(a) of Act 23 of 2018 and by section 36(1) of Act 23 of 2020 deemed effective on 17 January, 2019]
“Dividend cycle” definition of section 64D of ITA
‘dividend cycle’ ……….
[Definition of “dividend cycle” deleted by section 60 of Act 23 of 2018 effective on 17 January 2019]
“Effective date” definition of section 64D of ITA
‘effective date’ means the date on which this Part comes into operation;
“Regulated intermediary” definition of section 64D of ITA
‘regulated intermediary’ means any-
(a) central securities depository participant contemplated in section 32 of the Financial Markets Act;
(b) authorised user as defined in section 1 of the Financial Markets Act;
(c) approved nominee contemplated in section 76(3) of the Financial Markets Act;
(d) nominee that holds investments on behalf of clients as contemplated in section 9.1 of Chapter 1 and section 8 of Chapter II of the Codes of Conduct for Administrative and Discretionary Financial Service Providers, 2003 (Board Notice 79 of 2003) published in Government Gazette No. 25299 of 8 August 2003;
(e) portfolio of a collective investment scheme in securities;
[Paragraph (e) amended by section 70 of Act 7 of 2010 effective on 1 April 2012 and section 73 of Act 25 of 2015 effective on 1 April 2015]
(f) transfer secretary that is a person other than a natural person and that has been approved by the Commissioner subject to such conditions and requirements as may be determined by the Commissioner; or
[Paragraph (f) inserted by section 70 of Act 7 of 2010 effective on 1 April 2012, amended by section 73 of Act 25 of 2015 effective on 1 April 2015]
(g) a portfolio of a hedge fund collective investment scheme.
[Paragraph (g) added by section 73 of Act 25 of 2015 and amended by section 60 of Act 17 of 2017 effective on 18 December 2017]
“STC credit” definition of section 64D of ITA
‘STC credit’ ……….
[Definition of “STC credit” deleted by section 60 of Act 23 of 2018 effective on 17 January 2019]