Category: Paragraph 25 (Eighth Schedule) – Determination of base cost of pre-valuation date assets

Paragraph 25

 

  1. Subparagraph (2) added by section 60 of Act 32/2004.

 

  1. Subparagraph (3) added by section 60 of Act 32/2004 and substituted by section 70 of Act 17/2009.

 

  1. Paragraph 25 substituted by section 77 of Act 60/2001 and section 73 of Act 74/2002 and renumbered to 25(1) by section 60 of Act 32/2004.

Paragraph 25 (Eighth Schedule) – Determination of base cost of pre-valuation date assets

Posted on by admin_kmos

25.     Determination of base cost of pre-valuation date assets

 

(1)     The base cost of a pre-valuation date asset (other than an identical asset in respect of which paragraph 32(3A) has been applied), is the sum of the valuation date value of that asset, as determined in terms of paragraph 26, 27 or 28, and the expenditure allowable in terms of paragraph 20 incurred on or after the valuation date in respect of that asset.

 

(2)     If a person has determined the base cost as contemplated in subparagraph (1) of a pre-valuation date asset which was disposed of during any prior year of assessment and in the current year of assessment-

 

(a)     any amount of proceeds is received or accrued in respect of that disposal which has not been taken into account in any prior year in determining the capital gain or capital loss in respect of that disposal;

 

(b)     any amount of proceeds which was taken into account in determining the capital gain or capital loss in respect of that disposal has become irrecoverable, or has become repayable or that person is no longer entitled to those proceeds as a result of the cancellation, termination or variation of any agreement or due to the prescription or waiver of a claim or a release from an obligation or any other event during the current year;

 

(c)     any amount of expenditure is incurred which forms part of the base cost of that asset which has not been taken into account in any prior year in determining the capital gain or loss in respect of that disposal; or

 

(d)     any amount of base cost of that asset that has been taken into account in any prior year in determining the capital gain or capital loss in respect of that disposal, has been recovered or recouped,

 

that person must redetermine the base cost of that asset in terms of subparagraph (1) and the capital gain or capital loss from the disposal of that asset, having regard to the full amount of the proceeds and base cost so redetermined.

 

(3)     The amount of capital gain or capital loss redetermined in the current year of assessment in terms of subparagraph (2), must be taken into account in determining any capital gain or capital loss from that disposal in that current year, as contemplated in paragraph 3(b)(iii) or 4(b)(iii).