Category: Paragraph 6 (Second Schedule) – Withdrawal or resignations

Paragraph 6

 

  1. Words preceding item (1)(a) substituted by section 84 of Act 7/2010 with effect from 1 March 2009.

 

  1. Words preceeding subsubitem (aa) substituted by section 99 of Act 22/2012 with effect from 1 March 2012.

 

  1. Subsubitem (1)(a)(i)(bb) substituted by section 92 of Act 24/2011 with effect from 1 March 2012.

 

  1. Subsubitem (1)(a)(i)(cc) substituted by section 92 of Act 24/2011 with effect from 1 March 2012.

 

  1. Subsubitem (1)(a)(i)(cc) substituted by section 92 of Act 24/2011 with effect from 1 March 2012.

 

  1. Words preceeding subsubitem (1)(a)(ii)(aa) substituted by section 99 of Act 22/2012 with effect from 1 March 2012.

 

  1. Subsubitem (1)(a)(ii)(bb) substituted by section 92 of Act 24/2011 with effect from 1 March 2012.

 

  1. Subsubitem (1)(a)(ii)(cc) substituted by section 92 of Act 24/2011 with effect from 1 March 2012.

 

  1. Subsubitem (1)(a)(ii)(dd) substituted by section 92 of Act 24/2011 with effect from 1 March 2012.

 

  1. Words following item (1)(b)(v) substituted by section 99 of Act 22/2012 and section 203 of Act 31/2013 with effect from 1 March 2014.

 

  1. Subparagraph (1)(b) amended by section 84 of Act 7/2010 with effect from 1 March 2009 and substituted by section 99 of Act 22/2012 with effect from 1 March 2012.

 

  1. Subparagraph (3) substituted by section 99 of Act 22/2012 with effect from 1 March 2012 and section 113 of Act 31/2013 with effect from 12 December 2013.

 

  1. Paragraph 6 substituted by section 26 of Act 90/64, amended by section 18 of Act 104/79, section 5 of Act 30/84, section 32 of Act 141/92, section 51 of Act 30/98, section 38 of Act 20/2006, section 52 of Act 8/2007, section 42 of Act 3/2008 and section 64 of Act 60/2008 and substituted by section 62 of Act 17/2009.

Paragraph 6 (Second Schedule) – Withdrawal or resignation: Winding up: Deductions

Posted on by admin_kmos

WITHDRAWAL OR RESIGNATION: WINDING UP: DEDUCTIONS

6.

(1)     The deduction to be allowed for the purposes of paragraph 2(1)(a)(ii) or (b) is an amount equal to –

(a)     in the case of a lump sum benefit contemplated in paragraph 2(1)(b)(iA) and (iB), so much of the benefit as is paid or transferred for the benefit of the person from a-

(i)      pension fund, pension preservation fund, provident fund or provident preservation fund into any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund; or

(ii)     retirement annuity fund into any retirement annuity fund; and

[Item (a) amended by section 92(1)(a)-(f) of Act 24 of 2011, by section 99(1)(a) and (b) of Act 22 of 2012 and by section 65(1)(a) and (b) of Act 23 of 2018 and substituted by section 113(1)(a) of Act 31 of 2013, by section 50(1)(a) of Act 34 of 2019 and by section 50(1)(b) of Act 34 of 2019 deemed effective on 1 March, 2021 and applicable in respect of transfers made on or after that date (effective date in section 50(3) of Act 34 of 2019 as substituted by section 40 of Act 20 of 2022)]

(b)     in any other case, so much of the aggregate of-

(i)      contributions that did not rank for a deduction against the person’s income in terms of section 11F to any pension funds, pension preservation funds, provident funds, provident preservation funds and retirement annuity funds of which he or she is or previously was a member;

[Sub-item (i) substituted by section 113(1)(b) of Act 31 of 2013, by section 64(1)(a) of Act 17 of 2017 and by section 41(1) of Act 23 of 2020 deemed effective on 1 March, 2016]

(ii)     any amount transferred for the benefit of the person to any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund as a result of an election made as contemplated in section 37D(4)(b)(ii)(cc) of the Pension Funds Act;

[Subitem (ii) substituted by section 87 of Act 25 of 2015 effective on 8 January 2016]

(iii)    any amount that is deemed to have accrued to the person as contemplated in paragraph 2(1)(b)(iB);

(iv)    any amount, to the extent that that amount was paid or transferred to a pension preservation fund or provident preservation fund as an unclaimed benefit as defined in section 1 of the Pension Funds Act and was subject to tax prior to that transfer or payment; and

[Subitem (iv) substituted by section 87 of Act 25 of 2015 effective on 8 January 2016]

(v)     any other amounts in respect of which the formula in paragraph 2A applies, which have been-

(aa)   paid into a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund for the person’s benefit by a public sector fund; and

(bb)   transferred into a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund directly from a fund contemplated in subitem (aa) for the person’s benefit, less the amount represented by symbol A when applying that formula,

[Subitem (bb) substituted by section 65 of Act 23 of 2018 effective on 1 March 2018]

[Subitem (v) substituted by section 64 of Act 17 of 2017 effective on 1 March 2018]

as has not been exempted in terms of section 10C or has not previously been allowed to the person as a deduction in terms of this Schedule in determining any amount to be included in that person’s gross income.

(2)     The amount determined in terms of subparagraph (1) may not exceed the amount of the lump sum benefit in respect of which it is allowable as a deduction.

(3)     For the purposes of this paragraph, the surrender value of any policy of insurance ceded or otherwise made over to the person by any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund and ceded or  otherwise made over by the person to any other such fund, or any amount paid by the person into the latter fund in lieu of or as representing such surrender value or a portion thereof, shall be deemed to be an amount paid into the latter fund by the former fund for the benefit of the person.

[Subparagraph (3) substituted by section 99 of Act 22 of 2012 effective on1 March 2012 and section 113 of Act 31 of 2013 effective on 1 March 2016 – comes into operation in terms of section 113 of Act 31 of 2013 on 12 December 2013, substituted by section 159 of Act 25 of 2015 on 1 March 2016]