12Q. Exemption of income in respect of ships used in international shipping
Category: Section 12Q (ITA) – Exemption of income in respect of ships used in international shipping
Section 12Q
Section 12Q inserted by section 41 of Act 31 of 2013 effective on 1 April 2014.
“International shipping” definition of section 12Q of ITA
(1) For the purposes of this section-
‘international shipping’ means the conveyance for compensation of passengers or goods by means of the operation of a South African ship mainly engaged in international traffic;
“International shipping company” definition of section 12Q of ITA
‘international shipping company’ means a company that is a resident that operates one or more South African ships that are utilised in international shipping;
[Definition of “international shipping company” substituted by section 29 of Act 17 of 2017 effective on 18 December 2017]
“International shipping income” definition of section 12Q of ITA
“international shipping income” means the receipts and accruals of a person derived from international shipping mainly from the operation of one or more ships contemplated in paragraph (a) of the definition of “South African ship”;
[Definition of “international shipping income” substituted by section 31 of Act 23 of 2018 effective on 1 April 2019 and applies in respect of years of assessment commencing on or after that date.]
“South African ship” definition of section 12Q of ITA
“South African ship” means a ship-
(a) which is registered in the Republic in accordance with Part 1 of Chapter 4 of the Ship Registration Act, 1998 (Act No. 58 of 1998); or
(b) another ship or ships used temporarily in lieu of the ship contemplated in paragraph (a) by virtue of that ship being subject to repair or maintenance.
[Definition of” South African ship” substituted by section 27 of Act 25 of 2015 and section 31 of Act 23 of 2018 effective on 1 April 2019, applies in respect of years of assessment commencing on or after that date.]
Subsections 2 and 3 of section 12Q of ITA
(2)
(a) There must be exempt from normal tax any international shipping income of any international shipping company.
(b) Any capital gain or capital loss in respect of any year of assessment of any international shipping company determined in respect of a South African ship engaged in international shipping must be disregarded in determining the aggregate capital gain or aggregate capital loss of that international shipping company.
(3) The rate of dividends tax contemplated in section 64E that is paid by an international shipping company on the amount of any dividend derived from international shipping income must not exceed zero per cent of the amount of that dividend.
(4) There must be exempt from the withholding tax on interest any amount of interest if that amount is paid to any foreign person, as defined in section 50A, by an international shipping company in respect of debt utilised to fund the acquisition, construction or improvement of a South African ship utilised for international shipping.
[Subsection (4) added by section 42 of Act 31 of 2013 effectiive on 1 January 2015]