Paragraph 14 (First Schedule) – Disposal of any plantation

14.

(1)     Any amount received by or accrued to a farmer in respect of the disposal of any  plantation shall, whether such plantation is disposed of separately or with the land on which it is growing, be deemed not to be a receipt or accrual of a capital nature and shall form part of such farmer’s gross income.

(2)     Where any plantation is disposed of by a farmer with the land on which it is growing the amount to be included in such farmer’s gross income in terms of subparagraph (1) shall –

(a)     if the amount representing the consideration payable in respect of the disposal of the plantation is agreed to between the parties to the transaction, be the amount so agreed to; or

(b)     failing such agreement, be such portion of the consideration payable in respect of the disposal of the land and the plantation as represents the consideration payable for the plantation.

[Item (b) substituted by section 80 of Act 25 of 2015 effective on 8 January 2015]