“tainted intellectual property” means intellectual property-

(a)     which was the property of the end user or of a taxable person that is or was a connected person, as defined in section 31(4), in relation to the end user;

(b)     which is the property of a taxable person;

(c)     a material part of which was used by a taxable person in carrying on a business while that property was the property of a taxable person and the end user of that property acquired that business or a material part thereof as a going concern; or

(d)     which was discovered, devised, developed, created or produced by the end user of that property, or by a taxable person that is a connected person, as defined in section 31(4), in relation to the end user, if that end user, together with any taxable person that is a connected person in relation to that end user, holds at least 20 per cent of the participation rights, as defined in section 9D, in a person by or to whom an amount is received or accrues-

(i)      by virtue of the grant of use or right of use or permission to use that property; or

[Subparagraph (i) substituted by section 36 of Act 43 of 2014 effective on 20 January 2015]

(ii)     where that receipt, accrual or amount is determined directly or indirectly with reference to expenditure incurred for the use or right of use or permission to use that property;

[Subparagraph (ii) substituted by section 36 of Act 43 of 2014 effective on 20 January 2015]