Category: Section 12C (ITA) – Deduction in respect of assets used by manufacturers or hotelkeepers and in respect of aircraft and ships, and in respect of assets used for storage and packing of agric products

Section 12C

 

  1. Heading substituted by section 20 of Act 31 of 2005.

 

  1. Paragraph (1)(a) substituted by section 11 of Act 19 of 2001, section 8 of Act 9 of 2005, section 20 of Act 31 of 2005 and section 32 of Act 31 of 2013 effective on 12 December 2013.

 

  1. Paragraph (1)(b) substituted by section 20 of Act 31 of 2005 and section 32 of Act 31 of 2013 effective on 12 December 2013.

 

  1. Paragraph (1)(c) substituted by section 20 of Act 31 of 2005, section 14 of Act 8 of 2007 and section 32 of Act 31 of 2013 effective on 12 December 2013.

 

  1. Paragraph (1)(d) substituted by section 20 of Act 31 of 2005 and section 32 of Act 31 of 2013 effective on 12 December 2013.

 

  1. Paragraph (1)(e) substituted by section 20 of Act 31 of 2005 and section 32 of Act 31 of 2013 effective on 12 December 2013.

 

  1. Paragraph (1)(f) added by section 13 of Act 21 of 1995 and substituted by section 20 of Act 31 of 2005, section 32 of Act 31 of 2013 effective on 12 December 2013 and section 32 of Act 31 of 2013 effective on 1 April 2014.

 

  1. Paragraph (1)(g) added by section 13 of Act 21 of 1995 and substituted by section 20 of Act 31 of 2005, section 32 of Act 31 of 2013 effective on 12 December 2013 and section 32 of Act 31 of 2013 effective on 1 April 2014.

 

  1. Paragraph (1)(gA) inserted by section 33 of Act 24 of 2011 effective on 1 April 2012 and substituted by section 32 of Act 31 of 2013 effective on 12 December 2013.

 

  1. Paragraph (1)(h) inserted by section 19 of Act 17 of 2009 and substituted by section 33 of Act 24 of 2011 effective on 1 April 2012.

 

  1. Words following paragraph (1)(h) and preceding the proviso substituted by section 24 of Ac t 22 of 2012 effective on 1 April 2012.

 

  1. Paragraph (1)(h)(a) deleted by section 32 of Act 31 of 2013 effective on 12 December 2013.

 

  1. Paragraph (1)(h)(b) deleted by section 20 of Act 31 of 2005.

 

  1. Paragraph (1)(h)(c) added by section 15 of Act 30 of 2002 and amended by section 30 of Act 45 of 2003 and section 20 of Act 31 of 2005.

 

  1. Paragraph (d) to the proviso of paragraph (1)(h) added by section 33 of Act 24 of 2011 effective on 1 April 2012 and substituted by section 32 of Act 31 of 2013 effective on 12 December 2013.

 

  1. Words following paragraph (h) substituted by section 19 of Act 17 of 2009.

 

  1. Words predecing paragraph (a) of the further proviso of subsection (1) substituted by section 24 of Act 22 of 2012 effective on 1 January 2013.

 

  1. Further proviso to subsection (1) added by section 33 of Act 24 of 2011 effective on 10 January 2012.

 

  1. Subsection (1) amended by section 13 of Act 21 of 1995, section 10 of Act 46 of 1996 and section 20 of Act 31 of 2005.

 

  1. Subsection (2) substituted by section 20 of Act 31 of 2005.

 

  1. Paragraph (3)(b) deleted by section 32 of Act 31 of 2013 effective on 12 December 2013.

 

  1. Paragraph (3)(c) added by section 8 of Act 9 of 2005 and amended by section 8 of Act 9 of 2005 and section 32 of Act 31 of 2013 effective on 12 December 2013.

 

  1. Paragraph (3)(d) added by section 8 of Act 9 of 2005 and amended by section 32 of Act 31 of 2013 effective on 12 December 2013.

 

  1. Paragraph (3)(e) added by section 20 of Act 31 of 2005 and substituted by section 32 of Act 31 of 2013 effective on 12 December 2013.

 

  1. Subsection (4) amended by section 7 of Act 140 of 1993 and section 13 of Act 21 of 1995 and deleted by section 22 of Act 35 of 2007.

 

  1. Subsection (4A) inserted by section 18 of Act 59 of 2000 and substituted by section 20 of Act 60 of 2008.

 

  1. Subsection (5) inserted by section 18 of Act 59 of 2000.

 

  1. Subsection (6) deleted by section 11 of Act 113 of 1993 and added by section 11 of Act 21 of 1994.

 

  1. Section 12C inserted by section 14 of Act 101 of 1990.

Section 12C (ITA) – Deduction in respect of assets used by manufacturers or hotelkeepers and in respect of aircraft and ships, and in respect of assets used for storage and packing of agricultural products

Posted on by admin_kmos

12C.  Deduction in respect of assets used by manufacturers or hotel keepers and in respect of aircraft and ships, and in respect of assets used for storage and packing of agricultural products

[Heading substituted by section 20 of Act 31 of 2005 and section 27 of Act 23 of 2018 effective on 17 January 2019]

(1)     In respect of any –

(a)     machinery or plant (other than machinery or plant in respect of which an allowance has been granted to the taxpayer under paragraph (b)) owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of ‘instalment credit agreement’ in section 1 of the Value-Added Tax Act and which was or is brought into use for the first time by the taxpayer for the purposes of the taxpayer’s trade (other than mining or farming) and is used by the taxpayer directly in a process of manufacture carried on by the taxpayer or any other process carried on by the taxpayer which is of a similar nature;

[Paragraph (a) substituted by section 11 of Act 19 of 2001, section 8 of Act 9 of 2005, section 20 of Act 31 of 2005, section 32 of Act 31 of 2013 and section 20 of Act 25 of 2015 effective on 8 January 2016]

(b)     machinery or plant (other than machinery or plant in respect of which an allowance has been granted to the taxpayer under paragraph (a)) owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of ‘instalment credit agreement’ in section 1 of the Value-Added Tax Act and which was or is let by the taxpayer and was or is brought into use for the first time by the lessee for the purposes of the lessee’s trade (other than mining or farming) and is used by the lessee directly in a process of manufacture carried on by the lessee or any other process carried on by the lessee which is of a similar nature;

[Paragraph (b) substituted by section 20 of Act 31 of 2005, sectiion 32 of Act 31 of 2013 and section 20 of Act 25 of 2015 effective on 8 January 2016]

(bA)  machinery or plant owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of “instalment credit agreement” in section 1 of the Value-Added Tax Act and which was or is made available for use by the taxpayer in terms of a contract to another person for no consideration and was or is brought into use for the first time by that other person for the purposes of that other person’s trade (other than mining or farming) and is used by that other person solely for the benefit of that taxpayer for the purposes of the performance of that other person’s obligations under that contract in a process of manufacture under the Automotive Production and Development Programme administered by the Department of Trade, Industry and Competition or Automotive Investment Scheme administered by that Department;

[Paragraph (bA) inserted by section 20(1)(b) of Act 25 of 2015 and substituted by section 14 of Act 23 of 2020]

 

(c)     machinery or plant (other than machinery or plant in respect of which an allowance has been granted to the taxpayer under paragraph (a)) owned by the taxpayer or acquired by the taxpayer as a purchaser in terms of an agreement contemplated in paragraph (a) of the definition of ‘instalment credit agreement’ in section 1 of the Value-Added Tax Act and which was or is brought into use for the first time by any agricultural co-operative registered or deemed to be incorporated under the Co-operatives Act, 1981 (Act No. 91 of 1981), or registered under the Co-operatives Act, 2005 (Act No. 14 of 2005) and is used by it directly for storing or packing pastoral, agricultural or other farm products of its members (including any person who is a member of another agricultural co-operative which is itself a member of such agricultural co-operative) or for subjecting such products to a primary process as defined in section 27(9);

 

(d)     machinery, implement, utensil or article (other than any machinery, implement, utensil or article in respect of which an allowance has been granted to the taxpayer under paragraph (e)) owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of ‘instalment credit agreement’ in section 1 of the Value-Added Tax Act and which was or is brought into use for the first time by the taxpayer for the purposes of the taxpayer’s trade as hotel keeper and is used by the taxpayer in a hotel, except any vehicle or equipment for offices or managers’ or servants’ rooms;

[Paragraph (d) substituted by section 20 of Act 31 of 2005, section 32 of Act 31 of 2013 and section 27 of Act 23 of 2018 effective on 17 January 2019]

(e)     machinery, implement, utensil or article (other than any machinery, implement, utensil or article in respect of which an allowance has been granted to the taxpayer under paragraph (d)) owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of ‘instalment credit agreement’ in section 1 of the Value-Added Tax Act and which was or is let by the taxpayer and was or is brought into use for the first time by the lessee for the purposes of the lessee’s trade as hotel keeper and used by the lessee in a hotel, except any vehicle or equipment for offices or managers’ or servants’ rooms;

[Paragraph (e) substituted by section 20 of Act 31 of 2005, section 32 of Act 31 of 2013 and section 27 of Act 23 of 2018 effective on 17 January 2019]

 

(f)      aircraft owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of ‘instalment credit agreement’ in section 1 of the Value-Added Tax Act and which was or is brought into use for the first time by the taxpayer for the purposes of his or her trade (other than an aircraft in respect of which an allowance has been granted to the taxpayer under section 12B);

 

(g)     ship owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of ‘instalment credit agreement in section 1 of the Value-Added Tax Act and which was or is brought into use for the first time by the taxpayer for the purposes of his or her trade (other than a South African ship contemplated in section 12Q(1));

 

(gA)   new or unused machinery or plant, which is owned by a taxpayer, or acquired by a taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of ‘instalment credit agreement in section 1 of the Value-Added Tax Act and is first brought into use by that taxpayer for purposes of research and development as defined in section 11D; or

 

(h)     improvement (other than repairs) to any machinery, plant, implement, utensil or article referred to in paragraph (a), (b), (c), (d), (e) or (gA), which is during the year of assessment used as contemplated in that paragraph,

 

a deduction equal to 20 per cent of the cost to that taxpayer to acquire that machinery, plant, implement, utensil, article, ship, aircraft or improvement (hereinafter referred to as the asset) shall be allowed in the year of assessment during which the asset is so brought into use and in each of the four succeeding years of assessment: Provided that where –

 

(a)     ……….

(b)     ……….

(c)     any new or unused machinery or plant referred to in paragraph (a) of this subsection or improvement referred to in paragraph (h) of this subsection, is or was –

(i)      acquired by the taxpayer under an agreement formally and finally signed by every parry to the agreement on or after 1 March 2002; and

(ii)     brought into use by the taxpayer on or after that date in a process of manufacture or process which is of a similar nature, carried on by that taxpayer in the course of its business (other than banking, financial services, insurance or rental business),

 [Paragraph (c) added by section 15 of Act 30 of 2002, amended by section 30 of Act 45 of 2003 and section 20 of Act 31 of 2005 and substituted by section 20 of Act 25 of 2015 effective on 8 January 2016]

the deduction under this subsection shall be increased to 40 per cent of the cost to that taxpayer of that machinery, plant or improvement in respect of the year of assessment during which the plant, machinery or improvement was or is so brought into use for the first time and shall be 20 per cent in each of the three subsequent years of assessment;

 

(d)     any new or unused machinery or plant referred to in paragraph (gA) of this subsection or improvement referred to in paragraph (h) of this subsection, is or was-

 

(i)      acquired by the taxpayer under an agreement formally and finally signed by every party to the agreement on or after 1 January 2012; and

 

(ii)     brought into use by the taxpayer on or after that date for the purpose of research and development as defined in section 11D,

 

the deduction under this subsection shall be-

(aa)   increased to 50 per cent of the cost to that taxpayer of that machinery, plant or improvement in respect of the year of assessment during which the plant, machinery or improvement is or was so brought into use for the first time;

 

(bb)   30 per cent of that cost in the year of assessment immediately succeeding the year of assessment contemplated in item (aa); and

 

(cc)   20 per cent of that cost in the year of assessment immediately succeeding the year of assessment contemplated in item (bb)

 

: Provided further that where any machinery, plant, implement, utensil, article or improvement qualifying for an allowance under this section is mounted on or affixed to any concrete or other foundation or supporting structure and –

(a)     the foundation or supporting structure is designed for such machinery, plant, implement, utensil, article or improvement and constructed in such manner that it is or should be regarded as being integrated with the machinery, plant, implement, utensil, article or improvement; and

 

(b)     the useful life of the foundation or supporting structure is or will be limited to the useful life of the machinery, plant, implement, utensil, article or improvement mounted thereon or affixed thereto,

 

the foundation or supporting structure shall be deemed to be a part of the machinery, implement, utensil, article or improvement mounted thereon or affixed thereto.

(2)     For purposes of this section the cost to a taxpayer of any asset shall be deemed to be the lesser of the actual cost to the taxpayer to acquire that asset or the cost which a person would, if he had acquired that asset under a cash transaction concluded at arm’s length on the date which the transaction for the acquisition of that asset was in fact concluded, have incurred in respect of the direct cost of acquisition of the asset, including the direct cost of the installation or erection thereof.

[Subsection (2) substituted by section 20 of Act 31 of 2005 and section 23 of Act 17 of 2017 effective on 18 December 2017]

(3)     No deduction shall be allowed under this section in respect of –

(a)     any asset which has been let by the taxpayer under a lease other than an operating lease as defined in section 23A(1), unless the lessee under such lease derives in the carrying on of his trade amounts constituting income for the purposes of this Act;

 

(b)     ……….

(c)     any asset which has been disposed of by the taxpayer during any previous year of assessment;

(d)     any asset in respect of which an allowance has been granted to the taxpayer under section 12E; or

(e)     any asset the ownership of which is retained by the taxpayer as a seller in terms of an agreement contemplated in paragraph (a) of the definition of ‘instalment credit agreement’ in section 1 of the Value-Added Tax Act.

(4)     ……….

(4A)  Where any asset in respect of which any deduction is claimed in terms of this section was during any previous year of assessment used by the taxpayer for the purposes of any trade carried on by such taxpayer, the receipts and accruals of which were not included in the income of such taxpayer during such year, any deduction which could have been allowed in terms of this section during such previous year or any subsequent year that such asset was used by such taxpayer shall for the purposes of this section be deemed to have been allowed during such previous year or years as if the receipts and accruals of such trade had been included in the income of such taxpayer.

(5)     The deductions which may be allowed or deemed to have been allowed in terms of this section and section 11(o) in respect of any asset shall not in the aggregate exceed the cost to the taxpayer of such asset.

(6)     Any expenditure (other than expenditure referred to in section 11(a) incurred by a taxpayer during any year of assessment in moving an asset in respect of which a deduction was allowed or is allowable under this section or section 12B from one location to another shall –

(a)     where the taxpayer is entitled to a deduction in respect of such asset under subsection (1) in that year and one or more succeeding years, be allowed to be deducted from his income in equal instalments in each year in which such a deduction is allowable; or

 

(b)     in any other case, be allowed to be deducted from his income in that year.