[{"ID":"2513","post_content":"

Reproduced under Goverment Printer\u2019s Authorisation (Authorisation No. 11779) dated 25 August 2017.<\/strong><\/p>\n

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Please remember to periodically \u201cCheck for Updates\u201d!<\/strong><\/span><\/p>\n

<\/p>\n

INCOME TAX ACT 58 OF 1962<\/strong><\/p>\n

<\/p>\n

[English text signed by the State President]<\/p>\n

<\/p>\n

[Assented To: 25 May 1962]<\/em><\/p>\n

[Commencement Date: 1 July 1962]<\/em><\/p>\n

<\/p>\n

as amended by:<\/strong><\/p>\n

<\/p>\n

Rates and Monetary Amounts and Amendment of Revenue Laws Act 42 of\u00a02014<\/p>\n

Taxation Laws Amendment Act 43 of 2014<\/p>\n

Tax Administration Laws Amendment Act 44 of 2014<\/p>\n

Rates and Monetary Amounts and Amendment of Revenue Laws Act 13 of 2015<\/p>\n

Tax Administration Laws Amendment Act 23 of 2015<\/p>\n

Taxation Laws Amendment Act 25 of 2015<\/p>\n

Revenue Laws Amendment Act 2 of 2016<\/p>\n

Rates and Monetary Amounts and Amendment of Revenue Laws Act\u00a013 of 2016<\/p>\n

Taxation Laws Amendment Act 15 of 2016<\/p>\n

Tax Administration Laws Amendment Act 16 of 2016<\/p>\n

Tax Administration Laws Amendment Act\u00a013 of 2017<\/p>\n

Rates and Monetary Amounts and Amendment of Revenue Laws Act 14 of 2017<\/p>\n

Taxation Laws Amendment Act 17 of 2017<\/p>\n

Rates and Monetary Amounts and Amendment of Revenue Laws Act 21 of 2018<\/p>\n

Tax Administration Laws Amendment Act 22 of 2018<\/p>\n

Taxation Laws Amendment Act 23 of 2018<\/p>\n

Rates and Monetary Amounts and Amendment of Revenue Laws Act\u00a032 of 2019<\/p>\n

Tax Administration Laws Amendment Act\u00a033 of 2019<\/p>\n

Taxation Laws Amendment Act\u00a034 of 2019<\/p>\n

Rates and Monetary Amounts and Amendment of Revenue Laws Act 22 of 2020<\/span><\/span><\/p>\n

Taxation Laws Amendment Act 23 of 2020<\/span><\/span><\/p>\n

Tax Administration Laws Amendment Act 24 of 2020<\/span><\/span><\/p>\n

Tax Administration Laws Amendment Act 16 of 2022<\/span><\/span><\/span><\/p>\n

Rates and Monetary Amounts and Amendment of Revenue Laws Act 19 of 2022<\/span><\/span><\/p>\n

Taxation Laws Amendment Act 20 of 2022<\/span><\/span><\/p>\n

<\/p>\n

Latest 2024 Live Updates<\/strong><\/span>: <\/span>COMPLETED (including 1 September 2024 amendments)<\/span><\/strong><\/span><\/p>\n

Taxation Laws Amendment Act\u00a017 of 2023<\/span><\/strong><\/p>\n

Tax Administration Laws Amendment Act\u00a018 of 2023<\/span><\/strong><\/p>\n

Rates and Monetary Amounts and Amendment of Revenue Laws Act\u00a019 of 2023<\/span><\/strong><\/p>\n

Revenue Laws Amendment Act\u00a012 of 2024<\/strong><\/span><\/p>\n

<\/p>\n

To report an issue, please contact us at service@hApp-e-tax.co.za<\/strong><\/span><\/p>\n

<\/p>\n

ACT<\/strong><\/p>\n

<\/p>\n

To consolidate the law relating to the taxation of incomes and donations, to provide for the recovery of taxes on persons, to provide for the deduction by employers of amounts from the remuneration of employees in respect of certain tax liabilities of employees, and to provide for the making of provisional tax payments and for the payment into the National Revenue Fund of portions of the normal tax and interest and other charges in respect of such taxes, and to provide for related matters.<\/strong><\/p>\n","post_title":"Income Tax Act No. 58 of 1962 - Citation","collection_order":2,"collection":597,"post_modified":"2024-09-07 21:58:54","post_date":"2015-10-15 12:13:04"},{"ID":"17","post_content":"

ARRANGEMENT OF SECTIONS<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

PRELIMINARY<\/strong><\/a><\/p>\n

<\/p>\n

Section 1 \u2013 Interpretation<\/a><\/span><\/p>\n

<\/p>\n

CHAPTER I<\/strong><\/a><\/p>\n

ADMINISTRATION<\/strong><\/p>\n

<\/p>\n

Section 2 \u2013 Administration of Act<\/a><\/p>\n

Section 3 \u2013 Exercise of powers and performance of duties<\/a><\/span><\/p>\n

Section 4 \u2013 [Repealed]<\/p>\n

Section 4A \u2013 Exercise of powers and performance of duties by Minister<\/a><\/p>\n

<\/p>\n

CHAPTER II<\/strong><\/a><\/p>\n

THE TAXES<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

PART I<\/strong><\/a><\/p>\n

Normal Tax<\/strong><\/p>\n

<\/p>\n

Section 5 \u2013 Levy of normal tax and rates thereof<\/a><\/p>\n

Section 6 \u2013 Normal tax rebates<\/a><\/span><\/p>\n

Section 6A \u2013 Medical scheme fees tax credit<\/a><\/span><\/p>\n

Section 6B \u2013 Additional medical expenses tax credit<\/a><\/p>\n

Section 6C \u2013 Solar energy tax credit<\/span><\/a><\/p>\n

Section 6quat \u2013 Rebate or deduction in respect of foreign taxes on income<\/a><\/span><\/p>\n

Section 6quin \u2013 Rebate in respect of foreign taxes on income from source within Republic<\/a><\/p>\n

Section 7 \u2013 When income is deemed to have accrued or to have been received<\/a><\/p>\n

Section 7A \u2013 Date of receipt or accrual of antedated salaries or pensions and of certain retirement gratuities<\/a><\/p>\n

Section 7B \u2013 Timing of accrual and incurral of variable remuneration<\/a><\/p>\n

Section 7C \u2013 Loan, advance or credit granted to trust by connected person<\/a><\/span><\/p>\n

Section 7D \u2013 Calculation of amount of interest<\/a><\/p>\n

Section 7E \u2013 Time of accrual of interest payable by SARS<\/a><\/p>\n

Section 7F \u2013 Deduction of interest repaid to SARS<\/a><\/p>\n

Section 8 \u2013 Certain amounts to be included in income or taxable income<\/a><\/span><\/p>\n

Section 8A \u2013 Gains made by directors of companies or by employees in respect of rights to acquire marketable securities<\/a><\/p>\n

Section 8B \u2013 Taxation of amounts derived from broad-based employee share plan<\/a><\/p>\n

Section 8C \u2013 Taxation of directors and employees on vesting of equity instruments<\/a><\/p>\n

Section 8E \u2013 Dividends derived from certain shares and equity instruments deemed to be income in relation to recipients thereof<\/a><\/p>\n

Section 8EA \u2013 Dividends on third-party backed shares deemed to be income in relation to recipients thereof<\/a><\/span><\/p>\n

Section 8F \u2013 Interest on hybrid debt instruments deemed to be dividends in specie<\/em><\/a><\/p>\n

Section 8FA \u2013 Hybrid interest deemed to be dividends in specie<\/em><\/a><\/p>\n

Section 8G \u2013 Determination of contributed tax capital in respect of shares issued to a group company<\/a><\/p>\n

Section 9 \u2013 Source of income<\/a><\/span><\/p>\n

Section 9A \u2013 Blocked foreign funds<\/a><\/p>\n

Section 9B \u2013 [Repealed]<\/p>\n

Section 9C \u2013 Circumstances in which certain amounts received or accrued from disposal of shares are deemed to be of a capital nature<\/a><\/p>\n

Section 9D \u2013 Net income of controlled foreign companies<\/a><\/span><\/p>\n

Section 9E \u2013 [Repealed]<\/p>\n

Section 9F \u2013 [Repealed]<\/p>\n

Section 9G \u2013 [Repealed]<\/p>\n

Section 9H \u2013 Change of residence, ceasing to be controlled foreign company or becoming headquarter company<\/a><\/span><\/p>\n

Section 9HA \u2013 Disposal by deceased person<\/a><\/p>\n

Section 9HB \u2013 Transfer of asset between spouses<\/a><\/p>\n

Section 9I \u2013 Headquarter companies\ufeff<\/a><\/p>\n

Section 9J \u2013 Interest of non-resident persons in immovable property<\/a><\/p>\n

Section 9K \u2013 Listing of security on exchange outside Republic<\/a><\/p>\n

Section 10 \u2013 Exemptions<\/a><\/span><\/p>\n

Section 10A \u2013 Exemption of capital element of purchased annuities<\/a><\/p>\n

Section 10B \u2013 Exemption of foreign dividends and dividends paid or declared by headquarter companies<\/a><\/span><\/p>\n

Section 10C \u2013 Exemption of non-deductible element of qualifying annuities\ufeff<\/a><\/span><\/p>\n

Section 11 \u2013 General deductions allowed in determination of taxable income<\/a><\/span><\/p>\n

Section 11A \u2013 Deductions in respect of expenditure and losses incurred prior to commencement of trade<\/a><\/p>\n

Section 11B \u2013 [Repealed]<\/p>\n

Section 11C \u2013 [Repealed]<\/p>\n

Section 11D \u2013 Deductions in respect of scientific or technological research and development<\/a><\/span><\/p>\n

Section 11E \u2013 Deduction of certain expenditure incurred by sporting bodies<\/a><\/p>\n

Section 11F \u2013 Deduction in respect of contributions to retirement funds<\/a><\/span><\/p>\n

Section 11sex \u2013 Deduction of compensation for railway operating losses<\/a><\/p>\n

Section 12 \u2013 [Repealed]<\/p>\n

Section 12A \u2013 [Repealed]<\/p>\n

Section 12B \u2013 Deduction in respect of certain machinery, plant, implements, utensils and articles used in farming or production of renewable energy<\/a><\/span><\/p>\n

Section 12BA \u2013 Enhanced deduction in respect of certain machinery, plant, implements, utensils and articles used in production of renewable energy<\/span><\/a><\/p>\n

Section 12C \u2013 Deduction in respect of assets used by manufacturers or hotelkeepers and in respect of aircraft and ships, and in respect of assets used fo storage and packing of agricultural products<\/a><\/p>\n

Section 12D \u2013 Deduction in respect of certain pipelines, transmission lines and railway lines<\/a><\/p>\n

Section 12DA \u2013 Deduction in respect of rolling stock<\/a><\/p>\n

Section 12E \u2013 Deductions in respect of small business corporations<\/a><\/span><\/p>\n

Section 12F \u2013 Deduction in respect of airport and port assets<\/a><\/p>\n

Section 12G \u2013 [Repealed]<\/p>\n

Section 12H \u2013 Additional deduction in respect of learnership agreements<\/a><\/p>\n

Section 12I \u2013 Additional investment and training allowances in respect of industrial policy projects<\/a><\/span><\/p>\n

Section 12J \u2013 Deductions in respect of expenditure incurred in exchange for issue of venture capital company shares<\/a><\/p>\n

Section 12K \u2013 [Repealed]<\/p>\n

Section 12L \u2013 Deduction in respect of energy efficiency savings<\/a><\/p>\n

Section 12M \u2013 Deduction of medical lump sum payments<\/a><\/p>\n

Section 12N \u2013 Deductions in respect of improvements not owned by taxpayer<\/a><\/span><\/p>\n

Section 12NA \u2013 Deductions in respect of improvements on property in respect of which government holds a right of use or occupation<\/a><\/p>\n

Section 12O \u2013 Exemption in respect of films<\/a><\/p>\n

Section 12P \u2013 Exemption of amounts received or accrued in respect of government grants<\/a><\/span><\/p>\n

Section 12Q \u2013 Exemption of income in respect of ships used in international shipping<\/a><\/p>\n

Section 12R \u2013 Special economic zones<\/a><\/p>\n

Section 12S \u2013 Deduction in respect of buildings in special economic zones<\/a><\/p>\n

Section 12T \u2013 Exemption of amounts received or accrued in respect of tax free investments<\/a><\/span><\/p>\n

Section 12U \u2013 Additional deduction in respect of roads and fences in respect of production of renewable energy<\/a><\/p>\n

Section 13 \u2013 Deductions in respect of buildings used in a process of manufacture<\/a><\/p>\n

Section 13bis \u2013 Deductions in respect of buildings used by hotel keepers<\/a><\/p>\n

Section 13ter \u2013 Deductions in respect of residential buildings<\/a><\/p>\n

Section 13quat \u2013 Deductions in respect of erection or improvement of buildings in urban development zones<\/a><\/span><\/p>\n

Section 13quin \u2013 Deduction in respect of commercial buildings<\/a><\/p>\n

Section 13sex \u2013 Deduction in respect of certain residential units<\/a><\/p>\n

Section 13sept \u2013 Deduction in respect of sale of low-cost residential units on loan account<\/a><\/p>\n

Section 14 \u2013 [Repealed]<\/p>\n

Section 15 \u2013 Deductions from income derived from mining operations<\/a><\/span><\/p>\n

Section 15A \u2013 Amounts to be taken into account in respect of trading stock derived from mining operations<\/a><\/p>\n

Section 16 \u2013 [Repealed]<\/p>\n

Section 17 \u2013 [Repealed]<\/p>\n

Section 17A \u2013 Expenditure incurred by a lessor of land let for farming purposes, in respect of soil erosion works<\/a><\/p>\n

Section 18 \u2013 [Repealed]<\/p>\n

Section 18A \u2013 Deduction of donations to certain organisations<\/a><\/p>\n

Section 19 \u2013 Concession or compromise in respect of debt<\/a><\/span><\/p>\n

Section 20 \u2013 Set\u2013<\/em>off of assessed losses<\/a><\/p>\n

Section 20A \u2013 Ring-fencing of assessed losses of certain trades<\/a><\/p>\n

Section 20B \u2013 Limitation of losses from disposal of certain assets<\/a><\/p>\n

Section 20C \u2013 Ring-fencing of interest and royalties incurred by headquarter companies<\/a><\/p>\n

Section 21 \u2013 Deduction of alimony, allowance or maintenance<\/a><\/p>\n

Section 22 \u2013 Amounts to be taken into account in respect of values of trading stocks<\/a><\/p>\n

Section 22A \u2013 Schemes of arrangement involving trading stock<\/a><\/p>\n

Section 22B \u2013 Dividends treated as income on disposal of certain shares<\/a><\/p>\n

Section 23 \u2013 Deductions not allowed in determination of taxable income<\/a><\/p>\n

Section 23A \u2013 Limitation of allowances granted to lessors of certain assets<\/a><\/span><\/p>\n

Section 23B \u2013 Prohibition of double deductions<\/a><\/p>\n

Section 23C \u2013 Reduction of cost or market value of certain assets<\/a><\/p>\n

Section 23D \u2013 Limitation of allowances granted in respect of certain assets<\/a><\/p>\n

Section 23E \u2013 [Repealed]<\/p>\n

Section 23F \u2013\u00a0Acquisition or disposal of trading stock<\/a><\/p>\n

Section 23G \u2013 Sale and leaseback arrangements<\/a><\/span><\/p>\n

Section 23H \u2013 Limitation of certain deductions<\/a><\/p>\n

Section 23I \u2013 Prohibition of deductions in respect of certain intellectual property<\/a><\/p>\n

Section 23J \u2013 [Repealed]<\/p>\n

Section 23K \u2013 Limitation of deductions in respect of reorganisation and acquisition transactions<\/a><\/p>\n

Section 23L \u2013 Limitation of deductions in respect of certain short-term insurance policies<\/a><\/p>\n

Section 23M \u2013 Limitation of interest deductions in respect of debts owed to persons not subject to tax<\/a><\/span><\/p>\n

Section 23N \u2013 Limitation of interest deductions in respect of reorganisation and acquisition transactions<\/a><\/p>\n

Section 23O \u2013 Limitation of deductions by small, medium or micro-sized enterprises in respect of amounts received or accrued from small business funding entities<\/a><\/p>\n

Section 24 \u2013 Credit agreements and debtors allowance<\/a><\/span><\/p>\n

Section 24A \u2013 Transactions whereby fixed property is or company shares are exchanged for shares<\/a><\/p>\n

Section 24B \u2013 [Repealed]<\/p>\n

Section 24BA \u2013 Transactions where assets are acquired as consideration for shares issued<\/a><\/p>\n

Section 24C \u2013 Allowance in respect of future expenditure on contracts<\/a><\/p>\n

Section 24D \u2013 Deduction of certain expenditure incurred in respect of any National Key Point or specified important place or area<\/a><\/p>\n

Section 24E \u2013 Allowance in respect of future expenditure by sporting bodies<\/a><\/p>\n

Section 24F \u2013 [Repealed]<\/p>\n

Section 24G \u2013 Taxable income of toll road operators<\/a><\/p>\n

Section 24H \u2013 Persons carrying on trade or business in partnership<\/a><\/p>\n

Section 24I \u2013 Gains or losses on foreign exchange transactions<\/a><\/span><\/p>\n

Section 24J \u2013 Incurral and accrual of interest<\/a><\/p>\n

Section 24JA \u2013 Sharia compliant financing arrangements<\/a><\/p>\n

Section 24JB \u2013 Taxation\u00a0in\u00a0respect\u00a0of\u00a0financial\u00a0assets\u00a0and\u00a0liabilities\u00a0of\u00a0certain\u00a0persons<\/a><\/p>\n

Section 24K \u2013 Incurral and accrual of amounts in respect of interest rate agreements<\/a><\/p>\n

Section 24L \u2013 Incurral and accrual of amounts in respect of option contracts<\/a><\/p>\n

Section 24M \u2013 Incurral and accrual of amounts in respect of assets acquired or disposed of for unquantified amount<\/a><\/p>\n

Section 24N \u2013 Incurral and accrual of amounts in respect of disposal or acquisition of equity shares<\/a><\/p>\n

Section 24O \u2013 Incurral of interest in terms of certain debts deemed to be in production of income<\/a><\/p>\n

Section 24P \u2013 Allowance in respect of future repairs to certain ships<\/a><\/p>\n

Section 25 \u2013 Taxation\u00a0of\u00a0deceased\u00a0estates<\/a><\/span><\/p>\n

Section 25A \u2013 Determination of taxable incomes of permanently separated spouses<\/a><\/p>\n

Section 25B \u2013 Taxation of trusts and beneficiaries of trusts<\/a><\/span><\/p>\n

Section 25BA \u2013 Amounts received by or accrued to certain portfolios of collective investment schemes and holders of participatory interests in portfolios<\/a><\/p>\n

Section 25BB \u2013 Taxation of REITs<\/a><\/p>\n

Section 25C \u2013 Income of insolvent estates<\/a><\/p>\n

Section 25D \u2013 Determination of taxable income in foreign currency<\/a><\/p>\n

Section 26 \u2013 Determination of taxable income derived from farming<\/a><\/p>\n

Section 26A \u2013 Inclusion of taxable capital gain in taxable income<\/a><\/p>\n

Section 26B \u2013 Taxation of oil and gas companies<\/a><\/p>\n

Section 27 \u2013 Determination of taxable income of co\u2013<\/em>operative societies and companies<\/a><\/p>\n

Section 28 \u2013 Taxation of short-term insurance business<\/a><\/span><\/p>\n

Section 28bis \u2013 [Repealed]<\/p>\n

Section 29 \u2013 [Repealed]<\/p>\n

Section 29A \u2013 Taxation of long\u2013<\/em>term insurers<\/a><\/span><\/p>\n

Section 29B \u2013 Mark-to-market taxation in respect of long-term insurers<\/a><\/p>\n

Section 30 \u2013 Public benefit organizations<\/a><\/span><\/p>\n

Section 30A \u2013 Recreational clubs<\/a><\/span><\/p>\n

Section 30B \u2013 Associations<\/a><\/span><\/p>\n

Section 30C \u2013 Small business funding entities<\/a><\/span><\/p>\n

Section 31 \u2013 Taxable income in respect of international transactions to be based on arm\u2019s length principle<\/a><\/p>\n

Section 32 \u2013 [Repealed]<\/p>\n

Section 33 \u2013 Assessment of owners or charterers of ships or aircraft who are not residents of the Republic<\/a><\/p>\n

Section 34 \u2013 [Repealed]<\/p>\n

Section 35 \u2013 [Repealed]<\/p>\n

Section 35A \u2013 Withholding of amounts from payments to non-resident sellers of immovable property<\/a><\/span><\/p>\n

Section 36 \u2013 Calculation of redemption allowance and unredeemed balance of capital expenditure in connection with mining operations<\/a><\/span><\/p>\n

Section 37 \u2013 Calculation of capital expenditure on sale, transfer, lease or cession of mining property<\/a><\/p>\n

Section 37A \u2013 Closure rehabilitation company or trust<\/a><\/p>\n

Section 37B \u2013 Deductions in respect of environmental expenditure<\/a><\/p>\n

Section 37C \u2013 Deductions in respect of environmental conservation and maintenance<\/a><\/p>\n

Section 37D \u2013 Allowance in respect of land conservation in respect of nature reserves or national parks<\/a><\/p>\n

Section 37E \u2013 [Repealed]<\/p>\n

Section 37F \u2013 Determination of taxable income derived by persons previously assessable under certain other laws<\/a><\/p>\n

Section 37G \u2013 Determination of taxable income derived from small business undertakings<\/a><\/p>\n

Section 37H \u2013 [Repealed]<\/p>\n

<\/p>\n

PART IA<\/strong><\/a><\/p>\n

Withholding tax on interest<\/strong><\/p>\n

<\/p>\n

Section 37I \u2013 [Repealed]<\/p>\n

Section 37J \u2013 [Repealed]<\/p>\n

Section 37K \u2013 [Repealed]<\/p>\n

Section 37L \u2013 [Repealed]<\/a><\/p>\n

Section 37M \u2013 [Repealed]<\/a><\/p>\n

Section 37N \u2013 [Repealed]<\/a><\/p>\n

Section 37O \u2013 [Repealed]<\/a><\/p>\n

\u00a0<\/strong><\/p>\n

PART II<\/strong><\/a><\/p>\n

Special Provisions relating to Companies<\/strong><\/p>\n

<\/p>\n

Section 38 \u2013 Classification of companies<\/a><\/p>\n

Section 39 \u2013 Redetermination of company\u2019s status<\/a><\/p>\n

Section 40 \u2013 [Repealed]<\/p>\n

Section 40A \u2013 Close corporations<\/a><\/p>\n

Section 40B \u2013 Conversion of co\u2013<\/em>operative to company<\/a><\/p>\n

Section 40C \u2013 Issue of shares or granting of options for no consideration<\/a><\/p>\n

Section 40CA \u2013 Acquisitions of assets in exchange for shares<\/a><\/span><\/p>\n

Section 40D \u2013 Communications licence conversions<\/a><\/p>\n

Section 40E \u2013 Ceasing to be a controlled foreign company<\/a><\/p>\n

<\/p>\n

PART III<\/strong><\/a><\/p>\n

Special rules relating to asset-for-share transactions, substitutive share-for-share transactions, amalgamation transactions, intra-group transactions, unbundling transactions and liquidation distributions<\/strong><\/p>\n

<\/p>\n

Section 41 \u2013 General<\/a><\/p>\n

Section 42 \u2013 Asset-for-share transactions<\/a><\/span><\/p>\n

Section 43 \u2013 Substitutive share-for-share transactions<\/a><\/p>\n

Section 44 \u2013 Amalgamation transactions<\/a><\/p>\n

Section 45 \u2013 Intra-group transactions<\/a><\/p>\n

Section 46 \u2013 Unbundling transactions<\/a><\/span><\/p>\n

Section 46A \u2013 Limitation of expenditure incurred in respect of shares held in an unbundling company<\/a><\/p>\n

Section 47 \u2013 Transactions relating to liquidation, winding-up and deregistration<\/a><\/p>\n

<\/p>\n

PART IIIA<\/a><\/strong><\/p>\n

Taxation of foreign entertainers and sportspersons<\/strong><\/p>\n

<\/p>\n

Section 47A \u2013 Definitions<\/a><\/p>\n

Section 47B \u2013 Imposition of tax<\/a><\/p>\n

Section 47C \u2013 Liability for payment of tax<\/a><\/p>\n

Section 47D \u2013 Withholding of amounts of tax<\/a><\/p>\n

Section 47E \u2013 Payment of amounts of tax deducted or withheld<\/a><\/p>\n

Section 47F \u2013 Submission of return<\/a><\/p>\n

Section 47G \u2013 Personal liability of resident<\/a><\/p>\n

Section 47H \u2013 [Repealed]<\/p>\n

Section 47I \u2013 [Repealed]<\/p>\n

Section 47J \u2013 Currency of payments made to Commissioner<\/a><\/p>\n

Section 47K \u2013 Notification of specified activity<\/a><\/p>\n

<\/p>\n

PART IV<\/strong><\/a><\/p>\n

Turnover tax payable by micro businesses<\/strong><\/p>\n

<\/p>\n

Section 48 \u2013 Definitions<\/a><\/p>\n

Section 48A \u2013 Imposition of tax<\/a><\/p>\n

Section 48B \u2013 Rates<\/a><\/p>\n

Section 48C \u2013 Transitional Provisions<\/a><\/p>\n

Section 49 \u2013 [Repealed]<\/p>\n

<\/p>\n

PART IVA<\/strong><\/a><\/p>\n

Withholding tax on royalties<\/strong><\/p>\n

<\/p>\n

Section 49A \u2013 Definitions<\/a><\/p>\n

Section 49B \u2013 Levy of withholding tax on royalties<\/a><\/p>\n

Section 49C \u2013 Liability for tax<\/a><\/p>\n

Section 49D \u2013 Exemption from withholding tax on royalties<\/a><\/span><\/p>\n

Section 49E \u2013 Withholding of withholding tax on royalties by payers of royalties<\/a><\/p>\n

Section 49F \u2013 Payment and recovery of tax<\/a><\/p>\n

Section 49G \u2013 Refund of withholding tax on royalties<\/a><\/p>\n

Section 49H \u2013 Currency of payments made to Commissioner<\/a><\/p>\n

Section 50 \u2013 [Repealed]<\/p>\n

<\/p>\n

PART IVB<\/strong><\/a><\/p>\n

Withholding tax on interest<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

Section 50A \u2013 Definitions<\/a><\/p>\n

Section 50B \u2013 Levy of withholding tax on interest<\/a><\/p>\n

Section 50C \u2013 Liability for tax<\/a><\/p>\n

Section 50D \u2013 Exemption from withholding tax on interest<\/a><\/span><\/p>\n

Section 50E \u2013 Withholding of withholding tax on interest by payers of interest<\/a><\/p>\n

Section 50F \u2013 Payment and recovery of tax<\/a><\/p>\n

Section 50G \u2013 Refund of withholding tax on interest<\/a><\/p>\n

Section 50H \u2013 Currency of payments made to Commissioner<\/a><\/p>\n

Section 51 \u2013 [Repealed]<\/p>\n

<\/p>\n

PART IVC<\/strong><\/a><\/p>\n

Withholding tax on service fees<\/strong><\/p>\n

<\/p>\n

Section 51A \u2013 [Repealed]<\/p>\n

Section 51B \u2013 [Repealed]<\/p>\n

Section 51C \u2013 [Repealed]<\/p>\n

Section 51D \u2013 [Repealed]<\/p>\n

Section 51E \u2013 [Repealed]<\/p>\n

Section 51F \u2013 [Repealed]<\/p>\n

Section 51G \u2013 [Repealed]<\/p>\n

Section 51H \u2013 [Repealed]<\/p>\n

Section 52 \u2013 [Repealed]<\/p>\n

Section 53 \u2013 [Repealed]<\/p>\n

<\/p>\n

PART V<\/strong><\/a><\/p>\n

Donations Tax<\/strong><\/p>\n

<\/p>\n

Section 54 \u2013 Levy of donations tax<\/a><\/p>\n

Section 55 \u2013 Definitions for purposes of this Part<\/a><\/p>\n

Section 56 \u2013 Exemptions<\/a><\/p>\n

Section 57 \u2013 Disposals by companies under donations at the instance of any person<\/a><\/p>\n

Section 57A \u2013 Donations by spouse married in community of property<\/a><\/p>\n

Section 57B \u2013 Disposal of the right to receive an asset which would otherwise have been acquired in consequence of services rendered or to be rendered<\/a><\/p>\n

Section 58 \u2013 Property disposed of under certain transactions deemed to have been disposed of under a donation<\/a><\/p>\n

Section 59 \u2013 Persons liable for the tax<\/a><\/p>\n

Section 60 \u2013 Payment and assessment of the tax<\/a><\/p>\n

Section 61 \u2013 Extension of scope of certain provisions of Act for purposes of donations tax<\/a><\/p>\n

Section 62 \u2013 Value of property disposed of under donations<\/a><\/p>\n

Section 63 \u2013 [Repealed]<\/p>\n

Section 64 \u2013 Rate of donations tax<\/a><\/p>\n

<\/p>\n

PART VII<\/strong><\/a><\/p>\n

Secondary Tax on Companies<\/strong><\/p>\n

<\/p>\n

Section 64B \u2013 [Repealed]<\/a><\/p>\n

Section 64C \u2013 [Repealed]<\/a><\/p>\n

<\/p>\n

PART VIII<\/strong><\/a><\/p>\n

Dividends Tax<\/strong><\/p>\n

<\/p>\n

Section 64D \u2013 Definitions<\/a><\/p>\n

Section 64E \u2013 Levy of Tax<\/a><\/p>\n

Section 64EA \u2013 Liability for tax<\/a><\/p>\n

Section 64EB \u2013 Deemed beneficial owners of dividends<\/a><\/p>\n

Section 64F \u2013 Exemption from tax in respect of dividends other than dividends comprising distribution of assets\u00a0in specie<\/em><\/a><\/p>\n

Section 64FA \u2013 Exemption from and reduction of tax in respect of dividends in specie<\/em><\/a><\/p>\n

Section 64G \u2013 Withholding of dividends tax by companies declaring and paying dividends<\/a><\/p>\n

Section 64H \u2013 Withholding of dividends tax by regulated intermediaries<\/a><\/p>\n

Section 64I \u2013 Withholding of dividends tax by insurers<\/a><\/p>\n

Section 64J \u2013 [Repealed]<\/p>\n

Section 64K \u2013 Payment and recovery of tax<\/a><\/p>\n

Section 64L \u2013 Refund of tax in respect of dividends declared and paid by companies<\/a><\/p>\n

Section 64LA \u2013 Refund of tax in respect of dividends in specie<\/em><\/a><\/p>\n

Section 64M \u2013 Refund of tax in respect of dividends paid by regulated intermediaries<\/a><\/p>\n

Section 64N \u2013 Rebate in respect of foreign taxes on dividends<\/a><\/p>\n

<\/p>\n

CHAPTER III<\/strong><\/a><\/p>\n

GENERAL PROVISIONS<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

PART I<\/strong><\/a><\/p>\n

Returns<\/strong><\/p>\n

<\/p>\n

Section 65 \u2013 [Repealed]<\/p>\n

Section 66 \u2013 Notice by Commissioner requiring returns for assessment of normal tax under this Act<\/a><\/p>\n

Section 67 \u2013 Registration as taxpayer<\/a><\/p>\n

Section 68 \u2013 Income and capital gain of married persons and minor children<\/a><\/p>\n

Section 69 \u2013 [Repealed]<\/p>\n

Section 70 \u2013 [Repealed]<\/p>\n

Section 71 \u2013 [Repealed]<\/p>\n

Section 72 \u2013 [Repealed]<\/p>\n

Section 72A \u2013 Return relating to controlled foreign company<\/a><\/p>\n

Section 73 \u2013 [Repealed]<\/p>\n

Section 74 \u2013 [Repealed]<\/p>\n

Section 75 \u2013 [Repealed]<\/p>\n

Section 76 \u2013 [Repealed]<\/p>\n

<\/p>\n

PART IA<\/strong><\/p>\n

Advance Pricing Agreements<\/strong><\/p>\n

<\/p>\n

Section 76A \u2013 Definitions<\/a><\/span><\/p>\n

Section 76B \u2013 Purpose<\/a><\/span><\/p>\n

Section 76C \u2013 Persons eligible to apply<\/a><\/span><\/p>\n

Section 76D \u2013 Fees for advance pricing agreements<\/a><\/span><\/p>\n

Section 76E \u2013 Pre-application consultation<\/a><\/span><\/p>\n

Section 76F \u2013 Application for advance pricing agreement<\/a><\/span><\/p>\n

Section 76G \u2013 Amendments to advance pricing agreement application<\/a><\/span><\/p>\n

Section 76H \u2013 Withdrawal of advance pricing agreement application<\/a><\/span><\/p>\n

Section 76I \u2013 Rejection of advance pricing agreement application<\/a><\/span><\/p>\n

Section 76J \u2013 Processing of advance pricing agreement application<\/a><\/span><\/p>\n

Section 76K \u2013 Finalisation of advance pricing agreement<\/a><\/span><\/p>\n

Section 76L \u2013 Compliance report<\/a><\/span><\/p>\n

Section 76M \u2013 Extension of advance pricing agreement<\/a><\/span><\/p>\n

Section 76N \u2013 Termination of advance pricing agreement<\/a><\/span><\/p>\n

Section 76O \u2013 Record retention<\/a><\/span><\/p>\n

Section 76P \u2013 Procedures and guidelines<\/a><\/span><\/p>\n

<\/p>\n

PART II<\/strong><\/a><\/p>\n

Assessments<\/strong><\/p>\n

<\/p>\n

Section 77 \u2013 [Repealed]<\/p>\n

Section 78 \u2013 [Repealed]<\/p>\n

Section 79 \u2013 [Repealed]<\/p>\n

Section 80 \u2013 [Repealed]<\/p>\n

<\/p>\n

PART IIA<\/strong><\/a><\/p>\n

Tax avoidance<\/strong><\/p>\n

<\/p>\n

Section 80A \u2013 Impermissible tax avoidance arrangements<\/a><\/p>\n

Section 80B \u2013 Tax consequences of impermissible tax avoidance<\/a><\/p>\n

Section 80C \u2013 Lack of commercial substance<\/a><\/p>\n

Section 80D \u2013 Round trip financing<\/a><\/p>\n

Section 80E \u2013 Accommodating or tax-indifferent parties<\/a><\/p>\n

Section 80F \u2013 Treatment of connected persons and accommodating or tax-indifferent parties<\/a><\/p>\n

Section 80G \u2013 Presumption of purpose<\/a><\/p>\n

Section 80H \u2013 Application to steps in or parts of an arrangement<\/a><\/p>\n

Section 80I \u2013 Use in the alternative<\/a><\/p>\n

Section 80J \u2013 Notice<\/a><\/p>\n

Section 80K \u2013 Interest<\/a><\/p>\n

Section 80L \u2013 Definitions<\/a><\/p>\n

<\/p>\n

PART III<\/strong><\/a><\/p>\n

Objections and Appeals<\/strong><\/p>\n

<\/p>\n

Section 81 \u2013 [Repealed]<\/p>\n

Section 82 \u2013 [Repealed]<\/p>\n

Section 83 \u2013 [Repealed]<\/p>\n

Section 84 \u2013 [Repealed]<\/p>\n

Section 85 \u2013 [Repealed]<\/p>\n

Section 86 \u2013 [Repealed]<\/p>\n

Section 87 \u2013 [Repealed]<\/p>\n

Section 88 \u2013 Payment of tax pending objection and appeal<\/a><\/p>\n

<\/p>\n

PART IV<\/strong><\/a><\/p>\n

Payment and Recovery of Tax<\/strong><\/p>\n

<\/p>\n

Section 89 \u2013 Appointment of day for payment of tax and interest on overdue payments<\/a><\/p>\n

Section 89bis \u2013 Payments of employees\u2019 tax and provisional tax and interest on overdue payments of such taxes<\/a><\/span><\/p>\n

Section 89quat \u2013 Interest on underpayments and overpayments of tax<\/a><\/p>\n

Section 89quin \u2013 Calculation of interest payable under this Act<\/a><\/p>\n

Section 90 \u2013 Persons by whom normal tax payable<\/a><\/p>\n

Section 91 \u2013 Recovery of tax<\/a><\/p>\n

Section 92 \u2013 [Repealed]<\/p>\n

Section 93 \u2013 [Repealed]<\/p>\n

Section 94 \u2013 [Repealed]<\/p>\n

<\/p>\n

PART V<\/strong><\/a><\/p>\n

Representative Taxpayers<\/strong><\/p>\n

<\/p>\n

Section 95 \u2013 [Repealed]<\/p>\n

Section 96 \u2013 [Repealed]<\/p>\n

Section 97 \u2013 [Repealed]<\/p>\n

Section 98 \u2013 [Repealed]<\/p>\n

Section 99 \u2013 [Repealed]<\/p>\n

Section 100 \u2013 [Repealed]<\/p>\n

Section 101 \u2013 [Repealed]<\/p>\n

<\/p>\n

PART VI<\/strong><\/a><\/p>\n

Miscellaneous<\/strong><\/p>\n

<\/p>\n

Section 102 \u2013 Refunds<\/a><\/p>\n

Section 103 \u2013 Transactions, operations or schemes for purposes of avoiding or postponing liability for or reducing amounts of taxes on income<\/a><\/p>\n

Section 104 \u2013 [Repealed]<\/p>\n

Section 105 \u2013 [Repealed]<\/p>\n

Section 105A \u2013 [Repealed]<\/p>\n

Section 106 \u2013 [Repealed]<\/p>\n

Section 107 \u2013 Regulations<\/a><\/p>\n

Section 108 \u2013 Prevention of or relief from double taxation<\/a><\/p>\n

Section 109 \u2013 [Repealed]<\/p>\n

Section 110 \u2013 [Repealed]<\/p>\n

Section 111 \u2013 Repeal of laws<\/a><\/p>\n

Section 112 \u2013 Short title and commencement<\/a><\/p>\n

<\/p>\n

First Schedule \u2013 Computation of taxable income derived from pastoral, agricultural or other farming operations<\/a><\/span><\/p>\n

Second Schedule \u2013 Computation of gross income derived by way of lump sum benefits<\/a><\/span><\/p>\n

Third Schedule \u2013 Laws repealed<\/a><\/p>\n

Fourth Schedule \u2013 Amounts to be deducted or withheld by employers and provisional payments in respect of normal tax<\/a><\/span><\/p>\n

Fifth Schedule \u2013 [Repealed]<\/p>\n

Sixth Schedule \u2013 Determination of turnover tax payable by micro businesses<\/a><\/p>\n

Seventh Schedule \u2013 Benefits or advantages derived by reason of employment or the holding of any office<\/a><\/span><\/p>\n

Eighth Schedule \u2013 Determination of taxable capital gains and assessed capital losses<\/a><\/span><\/p>\n

Ninth Schedule \u2013 Public benefit activities<\/a><\/p>\n

Tenth Schedule \u2013 Oil and gas activities<\/a><\/p>\n

Eleventh Schedule \u2013 Government grants exempt from normal tax<\/a><\/p>\n","post_title":"Income Tax Act Index","collection_order":3,"collection":597,"post_modified":"2024-09-07 20:07:08","post_date":"2015-02-26 15:31:05"},{"ID":"2516","post_content":"

PRELIMINARY<\/strong><\/p>\n","post_title":"Preliminary","collection_order":4,"collection":597,"post_modified":"2015-10-15 12:13:04","post_date":"2015-10-15 12:13:04"},{"ID":"4754","post_content":"

1. \u00a0 \u00a0 Interpretation<\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 In this Act, unless the context otherwise indicates \u2013<\/em><\/span><\/em><\/p>\n","post_title":"Section 1 (ITA) - Interpretation","collection_order":5,"collection":597,"post_modified":"2019-02-09 21:47:37","post_date":"2016-05-05 11:31:00"},{"ID":"21","post_content":"

\u201cagent\u201d<\/strong> includes any partnership or company or any other body of persons corporate or unincorporate acting as an agent;<\/p>\n","post_title":"\"Agent\" definition of section 1 of ITA","collection_order":6,"collection":597,"post_modified":"2019-08-14 13:59:45","post_date":"2015-02-26 15:38:41"},{"ID":"23","post_content":"

\u201caggregate capital gain\u201d<\/strong> means an amount determined in terms of paragraph 6<\/a> of the Eighth Schedule<\/a>;<\/p>\n","post_title":"\"Aggregate capital gain\" definition of section 1 of ITA","collection_order":7,"collection":597,"post_modified":"2019-08-14 13:59:40","post_date":"2015-02-26 15:40:20"},{"ID":"26","post_content":"

\u201caggregate capital loss\u201d<\/strong> means an amount determined in terms of paragraph 7<\/a> of the Eighth Schedule<\/a>;<\/p>\n","post_title":"\"Aggregate capital loss\" definition of section 1 of ITA","collection_order":8,"collection":597,"post_modified":"2019-08-14 13:59:37","post_date":"2015-02-26 15:41:42"},{"ID":"28","post_content":"

\u201cassessed capital loss\u201d<\/strong> means an amount determined in terms of paragraph 9<\/a> of the Eighth Schedule<\/a>;<\/p>\n","post_title":"\"Assessed capital loss\" definition of section 1 of ITA","collection_order":9,"collection":597,"post_modified":"2019-08-14 14:47:23","post_date":"2015-02-26 15:42:46"},{"ID":"30","post_content":"

\u201cassessment\u201d<\/strong> has the meaning assigned under section 1<\/a> of the Tax Administration Act, and includes a determination by the Commissioner-<\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 \u00a0\u2026\u2026\u2026<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b) \u00a0 \u00a0 \u00a0\u2026\u2026\u2026<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 of any loss ranking for set-off;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 of any assessed capital loss determined in terms of paragraph 9<\/a> of the Eighth Schedule<\/a>; or<\/span><\/p>\n

<\/p>\n

(e) \u00a0 \u00a0 \u00a0 of any amounts to be taken into account in the determination of tax payable on income in future years;<\/span><\/p>\n","post_title":"\"Assessment\" definition of section 1 of ITA","collection_order":10,"collection":597,"post_modified":"2019-08-14 14:02:15","post_date":"2015-02-26 15:43:52"},{"ID":"32","post_content":"

\u201caverage exchange rate\u201d<\/strong> in relation to a year of assessment means the average determined by using the closing spot rates at the end of daily or monthly intervals during that year of assessment which must be consistently applied within that year of assessment;<\/p>\n","post_title":"\"Average exchange rate\" definition of section 1 of ITA","collection_order":11,"collection":597,"post_modified":"2019-08-14 14:02:30","post_date":"2015-02-26 15:45:09"},{"ID":"34","post_content":"

\u201cBanks Act\u201d<\/strong> means the Banks Act, 1990 (Act No. 94 of 1990);<\/p>\n","post_title":"\"Banks Act\" definition of section 1 of ITA","collection_order":12,"collection":597,"post_modified":"2019-08-14 14:02:38","post_date":"2015-02-26 15:45:59"},{"ID":"36","post_content":"

\u201cbeneficiary\u201d<\/strong> in relation to a trust means a person who has a vested or contingent interest in all or a portion of the receipts or accruals or the assets of that trust;<\/p>\n","post_title":"\"Beneficiary\" definition of section 1 of ITA","collection_order":13,"collection":597,"post_modified":"2019-08-14 14:47:44","post_date":"2015-02-26 15:47:19"},{"ID":"52","post_content":"

\u201cbenefit fund\u201d<\/strong> means \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any friendly society registered under the Friendly Societies Act, 1956 (Act No. 25 of 1956), or any fund established before 13 June 1986 which is not so registered solely because of the provisions of section 2(2)(a) of that Act; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any medical scheme registered under the provisions of the Medical Schemes Act;<\/span><\/p>\n","post_title":"\"Benefit fund\" definition of section 1 of ITA","collection_order":14,"collection":597,"post_modified":"2019-08-14 14:03:13","post_date":"2015-03-31 12:44:22"},{"ID":"54","post_content":"

\u00a0\u201cbonus debentures or securities\u201d<\/strong> means debentures or securities issued by a company, whether by way of a bonus award or otherwise, in such manner that the company\u2019s reserves or unappropriated profits are in whole or in part applied in paying up such debentures or securities;<\/p>\n","post_title":"\"Bonus debentures or securities\" definition of section 1 of ITA","collection_order":15,"collection":597,"post_modified":"2019-08-14 14:10:27","post_date":"2015-03-31 12:45:18"},{"ID":"56","post_content":"

\u201ccapital gain\u201d<\/strong> means an amount determined in terms of paragraph 3<\/a> of the Eighth Schedule<\/a>;<\/p>\n","post_title":"\"Capital gain\" definition of section 1 of ITA","collection_order":16,"collection":597,"post_modified":"2019-08-14 14:09:17","post_date":"2015-04-01 12:29:57"},{"ID":"58","post_content":"

\u201ccapital loss\u201d<\/strong> means an amount determined in terms of paragraph 4<\/a> of the Eighth Schedule<\/a>;<\/p>\n","post_title":"\"Capital loss\" definition of section 1 of ITA","collection_order":17,"collection":597,"post_modified":"2019-08-14 14:04:04","post_date":"2015-03-31 12:47:25"},{"ID":"62","post_content":"

\u201cchild\u201d<\/strong>, in relation to any person, includes any person adopted by him or her \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 under the law of the Republic; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 under the law of any country other than the Republic, provided the adopted person is under such law accorded the status of a legitimate child of the adoptive parent and the adoption was made at a time when the adoptive parent was ordinarily resident in such country;<\/span><\/p>\n","post_title":"\"Child\" definition of section 1 of ITA","collection_order":18,"collection":597,"post_modified":"2019-08-14 14:06:04","post_date":"2015-04-01 12:29:57"},{"ID":"64","post_content":"

\u201cclose corporation\u201d<\/strong> means a close corporation within the meaning of the Close Corporations Act, 1984 (Act No. 69 of 1984);<\/p>\n","post_title":"\"Close Corporation\" definition of section 1 of ITA","collection_order":19,"collection":597,"post_modified":"2019-08-14 14:06:11","post_date":"2015-03-31 12:50:30"},{"ID":"10479","post_content":"

\u201ccollateral arrangement\u201d<\/strong> means a collateral arrangement as defined in section 1 of the Securities Transfer Tax Act, 2007 (Act No. 25 of 2007);<\/p>\n

[Definition of \u201ccollateral arrangement\u201d inserted by section 3 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"\"Collateral arrangement\" definition of section 1 of ITA","collection_order":20,"collection":597,"post_modified":"2019-08-14 14:09:03","post_date":"2017-06-06 19:47:04"},{"ID":"66","post_content":"

Collective Investment Schemes Control Act\u201d<\/strong> means the Collective Investment Schemes Control Act, 2002 (Act No. 45 of 2002);<\/p>\n","post_title":"\"Collective Investment Schemes Control Act\" definition of section 1 of ITA","collection_order":21,"collection":597,"post_modified":"2019-08-14 14:06:18","post_date":"2015-04-01 12:29:57"},{"ID":"68","post_content":"

\u201cCommissioner\u201d<\/strong> means the Commissioner for the South African Revenue Service appointed in terms of section 6 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997), or the Acting Commissioner designated in terms of section 7 of that Act;<\/p>\n","post_title":"\"Commissioner\" definition of section 1 of ITA","collection_order":22,"collection":597,"post_modified":"2019-08-14 14:06:25","post_date":"2015-04-01 12:29:57"},{"ID":"70","post_content":"

\u201cCompanies Act\u201d<\/strong> means the Companies Act, 2008 (Act No. 71 of 2008);<\/p>\n","post_title":"\"Companies Act\" definition of section 1 of ITA","collection_order":23,"collection":597,"post_modified":"2019-08-14 14:09:08","post_date":"2015-04-01 12:29:28"},{"ID":"72","post_content":"

\u201ccompany<\/strong>\u201d includes \u2013<\/p>\n

<\/p>\n

(a) \u00a0 \u00a0any association, corporation or company (other than a close corporation) incorporated or deemed to be incorporated by or under any law in force or previously in force in the Republic or in any part thereof, or any body corporate formed or established or deemed to be formed or established by or under any such law; or<\/span>
<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any association, corporation or company incorporated under the law of any country other than the Republic or any body corporate formed or established under such law; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any co-operative; or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any association (not being an association referred to in paragraph (a) or (f) formed in the Republic to serve a specified purpose, beneficial to the public or a section of the public; or<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.
\u00a0<\/span>
<\/span><\/p>\n

(ii) \u00a0 portfolio comprised in any investment scheme carried on outside the Republic that is comparable to a portfolio of a collective investment scheme in participation bonds or a portfolio of a collective investment scheme in securities in pursuance of any arrangement in terms of which members of the public (as defined in section 1 of the Collective Investment Schemes Control Act) are invited or permitted to contribute to and hold participatory interests in that portfolio through shares, units or any other form of participatory interest; or
\u00a0<\/span>
<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0portfolio of a collective investment scheme in property that qualifies as a REIT as defined in the listing requirements of an exchange, as defined in section 1\u00a0of the Financial Markets Act and licensed under\u00a0section 9\u00a0of that Act, where those listing requirements have been approved in consultation with the Director-General of the National Treasury and published by the appropriate authority, as contemplated in\u00a0section 1\u00a0of the Financial Markets Act, in terms of\u00a0section 11\u00a0of that Act or by the Financial Sector Conduct Authority; or<\/span><\/p>\n

[Subparagraph\u00a0(iii)\u00a0added by\u00a0section\u00a02(1)(a)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and substituted by\u00a0section\u00a04(1)(f)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section\u00a01(1)(a)\u00a0of\u00a0Act\u00a043 of 2014, by\u00a0section\u00a03(1)(b)\u00a0of\u00a0Act\u00a025 of 2015, by\u00a0section\u00a01(1)(a)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section\u00a04(1)(a)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 a close corporation,
\u00a0<\/span>
<\/span><\/p>\n

but does not include a foreign partnership;<\/p>\n","post_title":"\"Company\" definition of section 1 of ITA","collection_order":24,"collection":597,"post_modified":"2023-01-21 20:19:29","post_date":"2015-04-01 12:29:28"},{"ID":"74","post_content":"

connected person\u201d<\/strong> means \u2013<\/em><\/p>\n

\n<\/p>

(a)\u00a0\u00a0\u00a0\u00a0 in relation to a natural person \u2013<\/em><\/span><\/p>\n

\n<\/p>

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any relative; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii) \u00a0 \u00a0 any trust (other than a portfolio of a collective investment scheme) of which such natural person or such relative is a beneficiary;<\/span><\/p>\n

[Subparagraph (ii) substituted by section 7 of Act 17 of 2009, section 2 of Act 22 of 2012 and section 3 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\n<\/p>

(b) \u00a0 \u00a0 in relation to a trust (other than a portfolio of a collective investment scheme)-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 7 of Act 17 of 2009, section 2 of Act 22 of 2012 and section 3 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\n<\/p>

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any beneficiary of such trust; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any connected person in relation to such beneficiary;<\/span><\/p>\n

\n<\/p>

(bA)\u00a0\u00a0in relation to a connected person in relation to a trust (other than a portfolio of a collective investment scheme), any other person who is a connected person in relation to such trust;<\/span><\/p>\n

\u00a0[Paragraph (bA) inserted by section 19 of Act 30 of 98 and substituted by section 6 of Act 74 of 2002, section 7 of Act 17 of 2009, section 2 of Act 22of 2012, section 3 of Act 25 of 2015 and section 5 of Act 15 fo 2016 effective on 19 January 2017]<\/span><\/p>\n

\n<\/p>

(c)\u00a0\u00a0\u00a0\u00a0 in relation to a member of any partnership or foreign partnership \u2013<\/em><\/span><\/p>\n

\n<\/p>

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any other member; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any connected person in relation to any member of such partnership or foreign partnership;<\/span><\/p>\n

\n<\/p>

(d)\u00a0\u00a0\u00a0\u00a0 in relation to a company \u2013<\/em><\/span><\/p>\n

\n<\/p>

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any other company that would be part of the same group of companies as that company if the expression \u2018at least 70 per cent of the equity shares in\u2019 in paragraphs (a) and (b) of the definition of \u2018group of companies\u2019 in this section were replaced by the expression \u2018more than 50 per cent of the equity shares or voting rights in\u2019;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0any person, other than a company as defined in section\u00a01\u00a0of the Companies Act that alone or together with any connected person in relation to that person, holds, directly or indirectly, at least 20 per cent of-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 \u00a0the equity shares in the company; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb) \u00a0 \u00a0the voting rights in the company;<\/span><\/p>\n

[Subparagraph\u00a0(iv)\u00a0substituted by\u00a0section\u00a02(1)(a)\u00a0of\u00a0Act 21 of 1994, by\u00a0section\u00a02(1)(b)\u00a0of\u00a0Act\u00a028 of 1997\u00a0and by\u00a0section\u00a06(1)(e)\u00a0of\u00a0Act\u00a07 of 2010\u00a0and amended by\u00a0section\u00a04(1)(i)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and by\u00a0section\u00a04(1)(b)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

\n<\/p>

(v)\u00a0\u00a0\u00a0\u00a0 any other company if at least 20 per cent of the equity shares or voting rights in the company are held by that other company, and no holder of shares holds the majority voting rights in the company;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(vA)\u00a0 any other company if such other company is managed or controlled by \u2013<\/em><\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 any person who or which is a connected person in relation to such company; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 any person who or which is a connected person in relation to a person contemplated in item (aa); and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(vi)\u00a0\u00a0\u00a0 where such company is a close corporation \u2013<\/em><\/span><\/p>\n

\n<\/p>

(aa) \u00a0 any member;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb) \u00a0 any relative of such member or any trust (other than a portfolio of a collective investment scheme) which is a connected person in relation to such member; and<\/span><\/p>\n

[Item (bb) substituted by section 7 of Act 17 of 2009, section 2 of Act 22 of 2012 and section 3 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(cc)\u00a0\u00a0\u00a0 any other close corporation or company which is a connected person in relation to \u2013<\/span><\/p>\n

\n<\/p>

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any member contemplated in item (aa); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the relative or trust contemplated in item (bb); and<\/span><\/p>\n

\n<\/p>

(e)\u00a0\u00a0\u00a0\u00a0in relation to any person who is a connected person in relation to any other person in terms of the foregoing provisions of this definition, such other person;<\/span><\/p>\n

\n<\/p>

: Provided that for the purposes of this definition, a company includes a portfolio of a collective investment scheme.<\/p>\n

[Proviso added by section 7 of Act 17 of 2009 and substituted by section 2 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"\"Connected person\" definition of section 1 of ITA","collection_order":25,"collection":597,"post_modified":"2023-01-23 20:42:47","post_date":"2015-03-31 12:54:53"},{"ID":"76","post_content":"

\u201ccontributed tax capital\u201d<\/strong>, in relation to a class of shares in a company, means-<\/p>\n

[Words preceding paragraph (a) substituted by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 in relation to a class of shares issued by a company, in the case of a foreign company that becomes a resident on or after 1 January 2011, an amount equal to the sum of-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 4 of Act 31 of 2013 and section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 the market value of all the shares in that company of that class immediately before the date on which that company becomes a reside: \u00a0Provided that the market value must be reduced by an amount equal to the difference between-<\/span><\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0the market value of the shares held by that foreign company in; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 an amount equal to the percentage of shares held by that foreign company in a resident company, of the aggregate contributed tax capital in respect of each class of shares of,<\/span><\/p>\n

<\/p>\n

each resident company in which that foreign company directly holds at least 50 per cent of the equity shares or voting rights immediately before the date on which that foreign company becomes a resident;<\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0amended by\u00a0section\u00a01(1)(d)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and by\u00a0section 1(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January 2024 and applicable in respect of any company that becomes a resident on or after that date]<\/span><\/p>\n

<\/p>\n

(ii) \u00a0 \u00a0 the consideration received by or accrued to that company for the issue of shares of that class on or after the date on which that company becomes a resident; and<\/span><\/p>\n

[Subparagraph (ii) amended by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(iii) \u00a0 \u00a0if the shares of that class include or consist of shares that were converted from another class of shares of that company to that class of shares-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 any consideration received by or accrued to that company in respect of that conversion; and<\/span><\/p>\n

<\/p>\n

(bb) \u00a0 the amount contemplated in subparagraph (cc) that was determined in respect of shares of the other class of shares that were so converted,<\/span><\/p>\n

[Subparagraph (iii) added by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

reduced by so much of that amount as \u2013<\/p>\n

<\/p>\n

(aa) \u00a0 the company has transferred on or after the date on which the company becomes a resident for the benefit of any person holding a share in that company of that class in respect of that share;<\/span><\/p>\n

[Subparagraph (aa) substituted by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(bb) \u00a0 has by the date of the transfer been determined by the directors of the company or by some other person or body of persons with comparable authority to be an amount so transferred; and<\/span><\/p>\n

[Subparagraph (bb) substituted by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 in the case of a convertible class of shares some of the shares of which have been converted to another class of shares, so much of the amount contemplated in this paragraph in respect of that convertible class of shares immediately prior to that conversion as bears to that amount the same ratio as the number of shares so converted bears to the total number of that convertible class of shares prior to that conversion; or<\/span><\/p>\n

[Subparagraph (cc) added by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 in relation to a class of shares issued by a company, in the case of any other company, an amount equal to the sum of-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u00a0the stated capital or share capital and share premium of that company immediately before 1 January 2011 in relation to shares in that company of that class issued by that company before that date, less so much of that stated capital or share capital and share premium as would have constituted a dividend, as defined before that date, had that stated capital or share capital and share premium been distributed by that company immediately before that date;<\/span><\/p>\n

[Subparagraph (i) amended by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(ii) \u00a0 \u00a0 the consideration received by or accrued to that company for the issue of shares of that class on or after 1 January 2011; and<\/span><\/p>\n

[Subparagraph (ii) amended by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(iii) \u00a0 \u00a0 if the shares of that class include or consist of shares that were converted from another class of shares of that company to that class of shares-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0\u00a0any consideration received by or accrued to that company in respect of that conversion; and<\/span><\/p>\n

<\/p>\n

(bb) \u00a0\u00a0the amount contemplated in subparagraph (cc) that was determined in respect of shares of the other class of shares that were so converted,<\/span><\/p>\n

[Subparagraph (iii) added by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

reduced by so much of that amount as \u2013<\/p>\n

<\/p>\n

(aa) \u00a0 the company has transferred on or after 1 January 2011 for the benefit of any person holding a share in that company of that class in respect of that share;<\/span><\/p>\n

[Subparagraph (aa) substituted by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(bb) \u00a0 has by the date of the transfer been determined by the directors of the company or by some other person or body of persons with comparable authority to be an amount so transferred; and<\/span><\/p>\n

[Subparagraph (bb) substituted by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 in the case of a convertible class of shares some of the shares of which have been converted to another class of shares, so much of the amount contemplated in this paragraph in respect of that convertible class of shares immediately prior to that conversion as bears to that amount the same ratio as the number of shares so converted bears to the total number of that convertible class of shares prior to that conversion:<\/span><\/p>\n

[Subparagraph (cc) added by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

Provided that the amount transferred by a company as contemplated in paragraph (a) or (b) for the benefit of a person holding shares of any class of shares of that company must not exceed an amount that bears to the total of the amount of contributed tax capital attributable to that class of shares immediately before the transfer the same ratio as the number of shares of that class held by that person bears to the total number of shares of that class: Provided further that an amount transferred by a company as contemplated in paragraph (a) or (b) must comprise a transfer of contributed tax capital only where-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0the shares in a class of shares, in respect of which\u2014<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0a distribution is made; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0consideration for the acquisition, cancellation or redemption is paid or payable by that company,<\/span><\/p>\n

<\/p>\n

are each transferred an equal amount of contributed tax capital in respect of that class of shares; and<\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of that transfer per share does not exceed the total amount of contributed tax capital in respect of that class of shares divided by the total number of issued shares within that class of shares;<\/span><\/p>\n

[Definition of \u201ccontributed tax capital\u201d inserted by section 4(1)(b) of Act 60 of 2008, amended by section 7(1)(g) of Act 17 of 2009, substituted by section 6(1)(f) of Act 7 of 2010 and by section 7(1)(b) and (c) of Act 24 of 2011 and amended by section 1(1)(b) of Act 43 of 2014 and by section 4(1)(c) of Act 20 of 2021 (as substituted by section 41(1) of Act 20 of 2022, deemed to have come into operation on 19 January 2022) effective on 1 January 2023]<\/span><\/p>\n","post_title":"\"Contributed tax capital\" definition of section 1 of ITA","collection_order":26,"collection":597,"post_modified":"2024-05-23 11:22:07","post_date":"2015-04-01 12:29:28"},{"ID":"82","post_content":"

\u201ccontrolled foreign company\u201d\u00a0<\/strong>means a controlled foreign company as defined in\u00a0section 9D<\/a>;<\/p>\n

[Definition of \u201ccontrolled foreign company\u201d inserted by\u00a0section 6(1)(d)\u00a0of\u00a0Act\u00a074 of 2002, deleted by\u00a0section 2(1)(a)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and inserted by\u00a0section 2(1)(b)\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n","post_title":"\"Controlled foreign company\" definition of section 1 of ITA","collection_order":27,"collection":597,"post_modified":"2022-02-05 18:42:58","post_date":"2015-04-01 12:29:28"},{"ID":"78","post_content":"

\u201ccontrolled group company\u201d<\/strong> means a controlled group company contemplated in the definition of \u201cgroup of companies\u201d;<\/p>\n","post_title":"\"Controlled group company\" definition of section 1 of ITA","collection_order":28,"collection":597,"post_modified":"2019-08-14 14:09:21","post_date":"2015-04-01 12:29:28"},{"ID":"80","post_content":"

\u201ccontrolling group company\u201d<\/strong> means a controlling group company contemplated in the definition of \u201cgroup of companies\u201d;<\/p>\n","post_title":"\"Controlling group company\" definition of section 1 of ITA","collection_order":29,"collection":597,"post_modified":"2019-08-14 14:10:00","post_date":"2015-04-01 12:29:28"},{"ID":"84","post_content":"

co-operative\u201d<\/strong> means any association of persons registered in terms of section 27 of the Co-operatives Act, 1981 (Act No, 91 of 1981) or\u00a0section 7\u00a0of the Co-operatives Act, 2005 (Act No. 14 of 2005);<\/p>\n","post_title":"\"Co-operative\" definition of section 1 of ITA","collection_order":30,"collection":597,"post_modified":"2019-08-14 14:09:34","post_date":"2015-04-01 12:29:28"},{"ID":"86","post_content":"

\u201cCopyright Act\u201d<\/strong> means the Copyright Act, 1978 (Act No. 98 of 1978);<\/p>\n","post_title":"\"Copyright Act\" definition of section 1 of ITA","collection_order":31,"collection":597,"post_modified":"2019-08-14 14:09:38","post_date":"2015-04-01 12:29:28"},{"ID":"88","post_content":"

\u201cdate of sequestration\u201d<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the date of voluntary surrender of an estate, if accepted by the Court; or<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 the date of provisional sequestration of an estate, if a final order of sequestration is granted by the Court;<\/span><\/p>\n","post_title":"\"Date of sequestration\" definition of section 1 of ITA","collection_order":32,"collection":597,"post_modified":"2019-08-14 14:09:42","post_date":"2015-04-01 12:29:28"},{"ID":"90","post_content":"

\u201cdepreciable asset\u201d<\/strong> means an asset as defined in paragraph 1<\/a> of the Eighth Schedule <\/a>(other than any trading stock and any debt), in respect of which a deduction or allowance determined wholly or party with reference to the cost or value of that asset is allowable in terms of this Act for purposes other than the determination of any capital gain or capital loss;<\/p>\n","post_title":"\"Depreciable asset\" definition of section 1 of ITA","collection_order":33,"collection":597,"post_modified":"2019-08-14 14:10:36","post_date":"2015-04-01 12:29:28"},{"ID":"92","post_content":"

\u201cDesigns Act\u201d<\/strong> means the Designs Act, 1993 (Act No. 195 of 1993);<\/p>\n","post_title":"\"Designs Act\" definition of section 1 of ITA","collection_order":34,"collection":597,"post_modified":"2019-08-14 14:10:05","post_date":"2015-04-01 12:29:28"},{"ID":"94","post_content":"

\u201cdirector\u201d<\/strong>, in relation to a close corporation, means any person who in respect of such close corporation holds any office or performs any functions similar to the office or functions of a director of a company other than a close corporation;<\/p>\n","post_title":"\"Director\" definition of section 1 of ITA","collection_order":35,"collection":597,"post_modified":"2019-08-14 14:09:51","post_date":"2015-04-01 12:29:28"},{"ID":"96","post_content":"

\u201cdividend\u201d<\/strong>\u00a0means any amount, other than a dividend consisting of a distribution of an asset in specie declared and paid as contemplated in\u00a0section 31<\/a>(3), transferred or applied by a company that is a resident for the benefit or on behalf of any person in respect of any share in that company, whether that amount is transferred or applied-<\/p>\n

[Words preceding paragraph (a) substituted by section 1 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 by way of a distribution made by; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 as consideration for the acquisition of any share in,<\/span><\/p>\n

<\/p>\n

that company, but does not include any amount so transferred or applied to the extent that the amount so transferred or applied-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 results in a reduction of contributed tax capital of the company;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 constitutes shares in the company; \u00a0 or \u00a0<\/span><\/p>\n

\u00a0<\/span><\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0constitutes an acquisition by the company of its own securities by way of a general repurchase of securities as contemplated in subparagraph \u00a0(b<\/em>) of paragraph \u00a05.67(B) of section 5 of the JSE Limited Listings Requirements, where that acquisition complies with any applicable requirements prescribed by paragraph s 5.68 and 5.72 to 5.81 of section 5 of the JSE Limited Listings Requirements or a general repurchase of securities as contemplated in the listings requirements of any other exchange, licensed under the Financial Markets Act, that are substantially the same as the requirements prescribed by the JSE Limited Listings Requirements, where that acquisition complies with the applicable requirements of that exchange\u037e<\/span><\/p>\n

[Paragraph (iii) substituted by section 2(1)(b) of Act 17 of 2017 and by section 2(1)(a) of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Dividend\" definition of section 1 of ITA","collection_order":36,"collection":597,"post_modified":"2021-02-10 09:07:44","post_date":"2015-04-01 12:29:28"},{"ID":"98","post_content":"

\u201cdomestic treasury management company\u201d<\/strong> means a company-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 that is incorporated or deemed to be incorporated\u2014<\/span><\/p>\n

<\/p>\n

(i)\u00a0 by or under any law in force in the Republic and is not subject to exchange control restrictions by virtue of being registered with the financial surveillance department of the South African Reserve Bank\u037e or<\/span><\/p>\n

<\/p>\n

(ii) by or under the law of any country other than the Republic and is not subject to exchange control restrictions by virtue of being registered before 1 January 2019 with the financial surveillance department of the South African Reserve Bank\u037e and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 that has its place of effective management in the Republic\u037e<\/span><\/p>\n

[Definition of \u201cdomestic treasury management company\u201d inserted by section 4(1)(o) of Act 31 of 2013, amended by section 2(1)(c) of Act 17 of 2017 and substituted by section 2(1)(b) of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Domestic treasury management company\" definition of section 1 of ITA","collection_order":37,"collection":597,"post_modified":"2021-02-10 09:08:01","post_date":"2015-04-01 12:29:28"},{"ID":"100","post_content":"

\u201cequity share\u201d<\/strong> means any share in a company, excluding any share that, neither as respects dividends nor as respects returns of capital, carries any right to participate beyond a specified amount in a distribution;<\/p>\n","post_title":"\"Equity share\" definition of section 1 of ITA","collection_order":38,"collection":597,"post_modified":"2019-08-14 14:10:11","post_date":"2015-04-01 12:29:28"},{"ID":"10493","post_content":"

\u201cEstate Duty Act\u201d<\/strong> means the Estate Duty Act, 1955 (Act No. 45 of 1955);<\/p>\n

[Definition of \u201cEstate Duty Act\u201d inserted by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Estate Duty Act\" definition of section 1 of ITA","collection_order":39,"collection":597,"post_modified":"2019-08-14 14:10:17","post_date":"2017-06-07 12:08:51"},{"ID":"102","post_content":"

\u201cexecutor\u201d<\/strong> means any person to whom letters of administration have been granted by a Master or an Assistant Master of the High Court appointed under the Administration of Estates Act, 1965 (Act No. 66 of 1965), in respect of the estate of a deceased person under any law relating to the administration of estates, and includes a person acting or authorized to act under letters of administration granted outside the Republic but signed and sealed by such a Master or Assistant Master for use within the Republic and, in any case where the estate is not required to be administered under the supervision of such a Master or Assistant Master, the person administering the estate;<\/p>\n","post_title":"\"Executor\" definition of section 1 of ITA","collection_order":40,"collection":597,"post_modified":"2019-08-14 14:10:22","post_date":"2015-04-01 12:29:28"},{"ID":"104","post_content":"

\u201cfinancial instrument\u201d<\/strong> includes \u2013<\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 a loan, advance, debt, bond, debenture, bill, share, promissory note, banker\u2019s acceptance, negotiable certificate of deposit, deposit with a financial institution, a participatory interest in a portfolio of a collective investment scheme, or a similar instrument;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any repurchase or resale agreement, forward purchase arrangement, forward sale arrangement, futures contract, option contract or swap contract;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any other contractual right or obligation the value of which is determined directly or indirectly with reference to \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a debt security or equity;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any commodity as quoted on an exchange; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 a rate index or a specified index;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0any interest-bearing arrangement;<\/span><\/p>\n

[Paragraph (d) amended by\u00a0section 1 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(e) \u00a0 \u00a0 any financial arrangement based on or determined with reference to the time value of money or cash flow or the exchange or transfer of an asset; and<\/span><\/p>\n

[Paragraph (e) amended by\u00a0section 1 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any crypto asset;<\/span><\/p>\n

[Definition of \u201cfinancial instrument\u201d inserted by\u00a0section 6(1)(h)\u00a0of\u00a0Act\u00a074 of 2002\u00a0effective on the date of promulgation of that Act, 13\u00a0December, 2002.\u00a0Paragraph (f)\u00a0added by\u00a0section 1(1)(c)\u00a0of\u00a0Act 23 of 2018\u00a0and substituted by\u00a0section 2(1)(c)\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n","post_title":"\"Financial instrument\" definition of section 1 of ITA","collection_order":41,"collection":597,"post_modified":"2023-01-21 20:23:49","post_date":"2015-04-01 12:29:28"},{"ID":"5311","post_content":"

\u201cFinancial Markets Act\u201d<\/strong> means the Financial Markets Act, 2012 (Act No. 19 of 2012);<\/p>\n","post_title":"\"Financial Markets Act\" definition of section 1 of ITA","collection_order":42,"collection":597,"post_modified":"2019-08-14 14:11:20","post_date":"2016-11-17 14:33:16"},{"ID":"17526","post_content":"

\u201cFinancial Sector Regulation Act\u201d<\/strong>\u00a0means the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017);<\/p>\n

[Definition of \u201cFinancial Sector Regulation Act\u201d inserted by section 1 of Act 23 of 2018 effective on 1 April 2018]<\/span><\/p>\n","post_title":"\"Financial Sector Regulation Act\" definition of section 1 of ITA","collection_order":43,"collection":597,"post_modified":"2020-05-27 19:18:20","post_date":"2019-02-02 20:28:45"},{"ID":"17528","post_content":"

\u201cFinancial Sector Conduct Authority\u201d<\/strong>\u00a0means the Financial Sector Conduct Authority as defined in\u00a0section 1\u00a0of the Financial Sector Regulation Act;<\/p>\n

[Definition of \u201cFinancial Sector Conduct Authority\u201d inserted by section 1 of Act 23 of 2018 effective on 1 April 2018]<\/span><\/p>\n","post_title":"\"Financial Sector Conduct Authority\" definition of section 1 of ITA","collection_order":44,"collection":597,"post_modified":"2020-05-27 19:18:27","post_date":"2019-02-02 20:31:48"},{"ID":"10495","post_content":"

\u201cFinancial Services Board\u201d<\/strong>\u00a0\u2026\u2026\u2026.<\/p>\n

[Definition of \u201cFinancial Services Board\u201d inserted by section 1 of Act 43 of 2014 and deleted by section 1 of Act 23 of 2018 effective on 1 April 2018]<\/span><\/p>\n","post_title":"\"Financial Services Board\" definition of section 1 of ITA","collection_order":45,"collection":597,"post_modified":"2020-05-27 19:18:34","post_date":"2017-06-07 12:10:36"},{"ID":"10497","post_content":"

\u201cFinancial Services Board Act\u201d<\/strong>\u00a0\u2026\u2026\u2026.<\/p>\n

[Definition of \u201cFinancial Services Board Act\u201d inserted by section 1 of Act 43 of 2014 and deleted by section 1 of Act 23 of 2018 effective on 1 April 2018]<\/span><\/p>\n","post_title":"\"Financial Services Board Act\" definition of section 1 of ITA","collection_order":46,"collection":597,"post_modified":"2020-05-27 19:18:44","post_date":"2017-06-07 12:11:14"},{"ID":"106","post_content":"

\u201cfinancial year\u201d<\/strong>, in relation to any company, means \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the period, whether of 12 months or not, commencing upon the date of incorporation or creation of such company and ending upon the last day of February immediately succeeding such date or upon such other date as the Commissioner having regard to the circumstances of the case may approve; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any period subsequent to the period referred to in paragraph (a), whether of 12 months or not, commencing immediately after the last day of the immediately preceding financial year of such company and ending upon the first anniversary of such last day or upon such other date as the Commissioner having regard to the circumstances of the case may approve;<\/span><\/p>\n","post_title":"\"Financial year\" definition of section 1 of ITA","collection_order":47,"collection":597,"post_modified":"2019-08-14 14:11:16","post_date":"2015-04-01 12:29:28"},{"ID":"108","post_content":"

\u201cforeign company\u201d<\/strong> means any company which is not a resident;<\/p>\n","post_title":"\"Foreign company\" definition of section 1 of ITA","collection_order":48,"collection":597,"post_modified":"2019-08-14 14:11:02","post_date":"2015-04-01 12:29:28"},{"ID":"110","post_content":"

\u201cforeign dividend\u201d<\/strong> means any amount that is paid or payable by a foreign company in respect of a share in that foreign company where that amount is treated as a dividend or similar payment by that foreign company for the purposes of the laws relating to-<\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 tax on income on companies of the country in which that foreign company has its place of effective management; or<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 companies of the country in which that foreign company is incorporated, formed or established, where the country in which that foreign company has its place of effective management does not have any applicable laws relating to tax on income,<\/span><\/p>\n

<\/p>\n

but does not include any amount so paid or payable that-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 constitutes a redemption or other disposal of a participatory interest in an arrangement or scheme contemplated in\u00a0paragraph (e)(ii)\u00a0of the definition of \u201ccompany\u201d to that arrangement or scheme or to the management company of that arrangement or scheme; or<\/span><\/p>\n

[Paragraph (i)\u00a0substituted by\u00a0section\u00a01(1)(a)\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii) \u00a0 \u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii) \u00a0 \u00a0 constitutes a share in that foreign company;<\/span><\/p>\n","post_title":"\"Foreign dividend\" definition of section 1 of ITA","collection_order":49,"collection":597,"post_modified":"2024-01-10 19:46:13","post_date":"2015-04-01 12:29:28"},{"ID":"5316","post_content":"

\u00a0\u201cforeign investment entity\u201d<\/strong> means any person other than a natural person-<\/p>\n

<\/p>\n

(a) \u00a0 \u00a0\u00a0that is not incorporated, established or formed in the Republic;<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0\u00a0the assets of which consist solely of a portfolio of one or more of the following:<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 amounts in cash or that constitute cash equivalents;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 financial instruments that-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 are issued by a listed company or by the government of the Republic in the national, provincial or local sphere; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 if not issued by a listed company or by the government of the Republic in the national, provincial or local sphere, are traded by members of the general public and a market for that trade exists;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 financial instruments, the values of which are determined with reference to financial instruments contemplated in subparagraph (ii); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 rights to receive any asset contemplated in subparagraph (i), (ii) or (iii),<\/span><\/p>\n

\u00a0<\/span><\/p>\n

which amounts, financial instruments and rights are held by that person for investment purposes;<\/p>\n

<\/p>\n

(c) \u00a0 \u00a0 where no more than 10 per cent of the shares, units or other form of participatory interest in that person are directly or indirectly held by persons that are residents; and<\/span><\/p>\n

<\/p>\n

(d) \u00a0 \u00a0 where that person has no employees and has no directors or trustees that are engaged in the management of that person on a full-time basis;<\/span><\/p>\n","post_title":"\"Foreign investment entity\" definition of section 1 of ITA","collection_order":50,"collection":597,"post_modified":"2019-08-14 14:11:35","post_date":"2016-11-17 14:33:16"},{"ID":"112","post_content":"

\u2018foreign partnership\u2019<\/strong>, in respect of any year of assessment, means any partnership, association, body of persons or entity formed or established under the laws of any country other than the Republic if-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 for the purposes of the laws relating to tax on income of the country in which that partnership, association, body of persons or entity is formed or established-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 each member of the partnership, association, body of persons or entity is required to take into account the member\u2019s interest in any amount received by or accrued to that partnership, association, body of persons or entity when that amount is received by or accrued to the partnership, association, body of persons or entity; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the partnership, association, body of persons or entity is not liable for or subject to any tax on income, other than a tax levied by a municipality, local authority or a comparable authority, in that country; or<\/span><\/p>\n

[Subparagraph (ii) substituted by section 3 of Act 25 of 2015 effective on 31 Deccember 2015]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the country in which that partnership, association, body of persons or entity is formed or established does not have any applicable laws relating to tax on income-<\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 any amount-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 that is received by or accrues to; or<\/span><\/p>\n

<\/p>\n

(bb) \u00a0 \u00a0of expenditure that is incurred by,<\/span><\/p>\n

<\/p>\n

the partnership, association, body of persons or entity is allocated concurrently with the receipt, accrual or incurral to the members of that partnership, association, body of persons or entity in terms of an agreement between those members; and<\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 no amount distributed to a member of a partnership, association, body of persons or entity may exceed the allocation contemplated in subparagraph (i) after taking into account any prior distributions made by the partnership, association, body of persons or entity;<\/span><\/p>\n","post_title":"\"Foreign partnership\" definition of section 1 of ITA","collection_order":51,"collection":597,"post_modified":"2019-08-14 14:11:31","post_date":"2015-04-01 12:29:11"},{"ID":"114","post_content":"

\u201cforeign return of capital\u201d<\/strong> means any amount that is paid or payable by a foreign company in respect of any share in that foreign company where that amount is treated as a distribution or similar payment (other than an amount that constitutes a foreign dividend) by that foreign company for the purposes of the laws relating to-<\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 tax on income on companies of the country in which that foreign company has its place of effective management; or<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 companies of the country in which that foreign company is incorporated, formed or established, where that country in which that foreign company has its place of effective management does not have any applicable laws relating to tax on income,<\/span><\/p>\n

<\/p>\n

but does not include any amount so paid or payable to the extent that the amount so paid or payable-<\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u00a0is deductible by that foreign company in the determination of any tax on income of companies of the country in which that foreign company has its place of effective management; or<\/span><\/p>\n

<\/p>\n

(ii) \u00a0 \u00a0 constitutes shares in that foreign company;<\/span><\/p>\n","post_title":"\"Foreign return of capital\" definition of section 1 of ITA","collection_order":52,"collection":597,"post_modified":"2019-08-14 14:11:24","post_date":"2015-04-01 12:29:11"},{"ID":"116","post_content":"

\u201cforeign tax year\u201d<\/strong>, in relation to a foreign company, means any year or period of reporting for foreign income tax purposes by that company or, if that company is not subject to foreign income tax, any annual period of financial reporting by that company;<\/p>\n","post_title":"\"Foreign tax year\" definition of section 1 of ITA","collection_order":53,"collection":597,"post_modified":"2019-08-14 14:11:28","post_date":"2015-04-01 12:29:11"},{"ID":"118","post_content":"

\u201cfunctional currency\u201d<\/strong>, in relation to-<\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 a person, means the currency of the primary economic environment in which the business operations of that person are conducted; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a permanent establishment of any person, means the currency of the primary economic environment in which the business operations of that permanent establishment are conducted;<\/span><\/p>\n","post_title":"\"Functional currency\" definition of section 1 of ITA","collection_order":54,"collection":597,"post_modified":"2019-08-14 14:11:39","post_date":"2015-04-01 12:29:11"},{"ID":"120","post_content":"

\u201cgross income\u201d<\/strong>, in relation to any year or period of assessment, means-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of any resident, the total amount, in cash or otherwise, received by or accrued to or in favour of such resident; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of any person other than a resident, the total amount, in cash or otherwise, received by or accrued to or in favour of such person from a source within the Republic,<\/span><\/p>\n

<\/p>\n

during such year or period of assessment, excluding receipts or accruals of a capital nature, but including, without in any way limiting the scope of this definition, such amounts (whether of a capital nature or not) so received or accrued as are described hereunder, namely-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0any amount received or accrued by way of an annuity, including any amount contemplated in the definition of \u201cliving annuity\u201d or the definition of \u201cannuity amount\u201d in section 10A(1)<\/a>, other than an amount contemplated in paragraph (d)(ii);<\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a02(1)(e)\u00a0of\u00a0Act\u00a0113 of 1993, by\u00a0section\u00a02(1)(k)\u00a0of\u00a0Act\u00a03 of 2008, by\u00a0section\u00a02(1)(n)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and by\u00a0section\u00a01(1)(b)\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amount payable to the taxpayer-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by his the spouse or former spouse of that taxpayer, under any judicial order or written agreement of separation or under any order of divorce, by way of alimony or allowance or maintenance of the taxpayer or any children; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in terms of any maintenance order for the maintenance of a child as contemplated in section 15(1) of the Maintenance Act, 1998 (Act No. 99 of 1998);<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any amount, including any voluntary award, received or accrued in respect of services rendered or to be rendered or any amount (other than an amount referred to in\u00a0section 8<\/a>(1),\u00a08B<\/a>\u00a0or\u00a08C<\/a>) received or accrued in respect of any employment or the holding of any office: Provided that-<\/span><\/p>\n

[Words preceding the proviso substituted by section 7 of Act 24 of 2011 and section 5 of Act 15 of 2016 effective on 1 March 2017 in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the provisions of this paragraph shall not apply in respect of any benefit or advantage in respect of which the provisions of paragraph (i) apply;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any amount received by or accrued to or for the benefit of any person in respect of services rendered or to be rendered by any other person shall for the purposes of this definition be deemed to have been received by or to have accrued to the said other person;<\/span><\/p>\n

<\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026.<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026.<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026.<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026.<\/span><\/p>\n

[Paras. (iii) to (vi) inclusive deleted by section 9(a) of Act 30 of 2002]<\/span><\/p>\n

<\/p>\n

(vii) \u00a0 the provisions of this paragraph shall not apply in respect of any amount received by or accrued to or for the benefit of any person in respect of long service as defined in paragraph 5(4) of the Seventh Schedule, to the extent that the aggregate value of an amount determined under this paragraph together with all amounts determined under paragraphs 5(2)(b), 6(4)(d) and 10(2)(e) of the Seventh Schedule do not exceed R5 000\u037e<\/span><\/p>\n

[Paragraph (c) amended by section 3(d) of Act 90 of 1962, by section 5(a) of Act 55 of 1966 and by section 4(1)(h) of Act 69 of 1975, substituted by section 2(1)(f) of Act 121 of 1984 and amended by section 7(1)(n) of Act 24 of 2011 and by section 5(1)(b) of Act 15 of 2016 effective on 1 March, 2017 and applicable in respect of years of assessment ending on or after that date. Paragraph (vii) added by section 4(1)(d) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(cA) \u00a0 any amount received by or accrued to any person who \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (i) deleted by section 1 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 is or was a labour broker as defined in the Fourth Schedule<\/a> (other than a labour broker in respect of which a certificate of exemption has been issued in terms of that Schedule);<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 is or was a personal service provider as defined in the Fourth Schedule<\/a>; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 was a personal service company or personal service trust as defined in the Fourth Schedule<\/a> prior to section 66 of the Revenue Laws Amendment Act, 2008, coming into operation,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

as consideration for any restraint of trade imposed on such person;<\/p>\n

<\/p>\n

(cB)\u00a0 any amount received by or accrued to any natural person as consideration for any restraint of trade imposed on that person in respect or by virtue of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 employment or the holding of any office; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any past or future employment or the holding of an office;<\/span><\/p>\n

[Paragraph (cB) to be inserted by section 1 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any amount (other than an amount contemplated in paragraph (a)), including any voluntary award, received or accrued-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in respect of the relinquishment, termination, loss, repudiation, cancellation or variation of any office or employment or of any appointment (or right or claim to be appointed) to any office or employment;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 by or to a person, or dependant or nominee of the person, directly or indirectly in respect of proceeds from a policy of insurance where the person is or was an employee or director of the policyholder; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii) \u00a0 \u00a0 by or to a person, or dependant or nominee of the person, in respect of any policy of insurance (other than a risk policy with no cash value or surrender value) that has been ceded to-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 the person;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 a dependant or nominee of the person; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

for the benefit of the person, or dependant or nominee of the person, by-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 the employer or former employer of the person; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 the company of which the person is or was a director:<\/span><\/p>\n

<\/p>\n

Provided that-<\/p>\n

<\/p>\n

(aa) \u00a0 the provisions of subparagraphs (i) and (ii) shall not apply to any lump sum award from any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 any such amount which becomes payable in consequence of or following upon the death of any person shall be deemed to be an amount which accrued to such person immediately prior to his or her death;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(cc)\u00a0\u00a0\u00a0 for the purposes of subparagraphs (ii) and (iii), any amount received by or accrued to a dependant or nominee of a person shall be deemed to be received by or to accrue to that person;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 a retirement fund lump sum benefit or retirement fund lump sum withdrawal benefit other than any amount included under paragraph(eA);<\/span><\/p>\n

<\/p>\n

(eA)\u00a0\u00a0 where, in relation to a member who effectively remains in the employment of the same employer, or the dependants or nominees of a deceased member-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount in a fund contemplated in paragraph (a), (b) or (d) of the definition of \u201cpension fund\u201d or paragraph (a), (b) or (c) of the definition of \u201cprovident fund\u201d, the rules of which provide that on retirement of such member a portion of his benefit has to be taken in the form of an annuity, has been transferred to a fund, the rules of which entitle such member, or the dependants or nominees of a deceased member, to a benefit on retirement in the form of a lump sum exceeding one-third of the capitalised value of all benefits (including lump sum payments and annuities); or<\/span><\/p>\n

[Subparagraph (i)\u00a0substituted by\u00a0section\u00a05(1)(c)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section\u00a01(1)(c)\u00a0of\u00a0Act\u00a020 of 2022\u00a0deemed effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a fund contemplated in paragraph (a), (b) or (d) of the definition of \u201cpension fund\u201d or paragraph (a), (b) or (c) of the definition of \u201cprovident fund\u201d, the rules of which provide that on retirement of such member a portion of his benefit has to be taken in the form of an annuity, is wholly or partially converted by way of an amendment to its rules or otherwise, to entitle such member, or the dependants or nominees of a deceased member, to a benefit on retirement in the form of a lump sum exceeding one-third of the capitalised value of all benefits (including lump sum payments and annuities); or<\/span><\/p>\n

[Subparagraph (ii)\u00a0amended by\u00a0section\u00a019(1)(h)\u00a0of\u00a0Act\u00a030 of 1998\u00a0and substituted by\u00a0section\u00a05(1)(c)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section\u00a01(1)(c)\u00a0of\u00a0Act\u00a020 of 2022\u00a0deemed effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0any amount in a fund contemplated in paragraph (a), (b) or (d) of the definition of \u201cpension fund\u201d or paragraph (a), (b) or (c) of the definition of \u201cprovident fund\u201d has become payable to the member or is being utilised to redeem a debt,<\/span><\/p>\n

[Subparagraph (iii)\u00a0added by\u00a0section\u00a019(1)(i)\u00a0of\u00a0Act\u00a030 of 1998\u00a0and substituted by\u00a0section\u00a05(1)(c)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section\u00a01(1)(c)\u00a0of\u00a0Act\u00a020 of 2022\u00a0deemed effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

an amount equal to two\u2013<\/em>thirds-<\/p>\n

<\/p>\n

(aa) \u00a0 of the amount so transferred; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 in the case of a conversion, of the amount representing the amount converted for the benefit or ultimate benefit of the member or the dependants or nominees of the deceased member, and such amount shall be deemed to have been received by or accrued to or in favour of such member, dependants or nominees, as the case may be: Provided that where a court granting a decree of divorce in respect of such member has made an order that any part of such amount shall be paid to the former spouse of such member, as provided for in section 7(8) of the Divorce Act, 1979 (Act No. 70 of 1979), such part shall for the purposes of this paragraph be deemed to be an amount converted for the benefit or ultimate benefit of such member; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(cc)\u00a0\u00a0\u00a0 in the case of an amount becoming payable to a member or being utilised to redeem a debt, of the amount so payable or so utilised:<\/span><\/p>\n

<\/p>\n

Provided that the Commissioner may, on application by a fund, in particular circumstances, increase the proportion of one\u2013<\/em>third contemplated in subparagraph (i) up to a maximum of one\u2013<\/em>half on the following conditions:<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that on 12 March 1997 the proportion of the benefit on retirement in such fund that could be taken in the form of a lump sum was greater than one\u2013<\/em>third, but not greater than one\u2013<\/em>half, of the total capitalized value of all benefits;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that the rules of such fund are amended so that the maximum proportion of such member\u2019s benefit on retirement that can be taken in the form of a lump sum is one\u2013<\/em>third of the total capitalized value of all benefits; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 such further conditions as the Commissioner may determine from time to time;<\/span><\/p>\n

<\/p>\n

(eC)\u00a0\u00a0\u00a0\u00a0 .\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/span><\/p>\n

[Paragraph (eC)\u00a0inserted by\u00a0section\u00a04(1)(f)\u00a0of\u00a0Act\u00a060 of 2008\u00a0and deleted by\u00a0section\u00a07(1)(j)\u00a0of\u00a0Act\u00a017 of 2009\u00a0deemed effective on 1\u00a0March, 2009 and applicable in respect of amounts awarded on or after that date]<\/span><\/p>\n

<\/p>\n

(eD)\u00a0\u00a0a savings withdrawal benefit;<\/span><\/span><\/p>\n

[Paragraph (eD)\u00a0inserted by\u00a0section\u00a01(1)(a)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n


<\/span><\/p>\n


<\/span><\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 any amount received or accrued in commutation of amounts due under any contract of employment or service;<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 any amount received or accrued from another person, as a premium or consideration in the nature of a premium \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 for the use or occupation or the right of use or occupation of land or buildings; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 for the use or the right of use of plant or machinery; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)bis<\/em> for the use or the right of use of any motion picture film or any film or video tape or disc for use in connection with television or any sound recording or advertising matter connected with such motion picture film, film or video tape or disc; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 for the use or right of use of any patent as defined in the Patents Act or any design as defined in the Designs Act or any trade mark as defined in the Trade Marks Act or any copyright as defined in the Copyright Act or any model, pattern, plan, formula or process or any other property or right of a similar nature;<\/span><\/p>\n

<\/p>\n

(gA)\u00a0\u00a0any amount received or accrued from another person as consideration for the imparting of or the undertaking to impart any scientific, technical, industrial or commercial knowledge or information, or for the rendering of or the undertaking to render any assistance or service in connection with the application or utilization of such knowledge or information;<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 in the case of any person to whom, in terms of any agreement relating to the grant to any other person of the right of use or occupation of land or buildings, or by virtue of the cession of any rights under any such agreement, there has accrued in any such year or period the right to have improvements effected on the land or to the buildings by any other person \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the amount stipulated in the agreement as the value of the improvements or as the amount to be expended on the improvements; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 if no amount is so stipulated, an amount representing the fair and reasonable value of the improvements;<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the cash equivalent, as determined under the provisions of the Seventh Schedule<\/a>, of the value during the year of assessment of any benefit or advantage granted in respect of employment or to the holder of any office, being a taxable benefit as defined in the said Schedule, and any amount required to be included in the taxpayer\u2019s income under section 8A<\/a>;<\/span><\/p>\n

<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 so much of the sum of any amounts received or accrued during any year of assessment in respect of disposals of assets the cost of which has in whole or in part been included in capital expenditure taken into account (whether under this Act or any previous Income Tax Act) for the purposes of any deduction in respect of any mine under section 15<\/a>(a) of this Act or the corresponding provisions of any previous Income Tax Act, as exceeds the sum of so much of any capital expenditure as in the case of such mine is unredeemed at the commencement of the said year of assessment and the capital expenditure that is incurred during that year in respect of such mine, as determined before applying the definition of \u201ccapital expenditure incurred\u201d in section 36<\/a>(11);<\/span><\/p>\n

<\/p>\n

(jA)\u00a0\u00a0 any amount received by or accrued to any person during the year of assessment in respect of the disposal of any asset manufactured, produced, constructed or assembled by that person, which is similar to any other asset manufactured, produced, constructed or assembled by that person for purposes of manufacture, sale or exchange by that person or on that person\u2019s behalf;<\/span><\/p>\n

<\/p>\n

(k)\u00a0\u00a0\u00a0\u00a0 any amount received or accrued by way of a dividend or a foreign dividend;<\/span><\/p>\n

<\/p>\n

(l)\u00a0\u00a0\u00a0\u00a0\u00a0 any amount received or accrued by way of grant or subsidy in respect of any soil erosion works referred to in section 17A<\/a>(1) or any of the matters mentioned in items (a) to (i), inclusive, of paragraph 12<\/a>(1) of the First Schedule<\/a>;<\/span><\/p>\n

<\/p>\n

(lA)\u00a0\u00a0 any amount received by or accrued to a company or association as contemplated in subparagraph (ii) of section 11E<\/a>;<\/span><\/p>\n

<\/p>\n

(lC)\u00a0\u00a0\u00a0any amount received by or accrued to a person by way of a government grant as defined in section 12P<\/a>;<\/span><\/p>\n

[Paragraph (lC) inserted by section 5 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(m)\u00a0\u00a0\u00a0\u00a0any amount received or accrued in respect of a policy of insurance of which the taxpayer is the policyholder, where the policy relates to the death, disablement or illness of an employee or director (or former employee or director) of the taxpayer, including by way of any debt: Provided that any amount so received or accrued shall be reduced by the amount of any such debt which is or has been included in the taxpayer\u2019s gross income;<\/span><\/p>\n

[Paragraph (m)\u00a0substituted by\u00a0section 4(1)(d)\u00a0of\u00a0Act 88 of 1971\u00a0and by\u00a0section 3(1)(b)\u00a0of\u00a0Act 91 of 1982, amended by\u00a0section 2(1)(d)\u00a0of\u00a0Act 94 of 1983, substituted by\u00a0section 7(1)(v)\u00a0of\u00a0Act\u00a024 of 2011, amended by\u00a0section 2(1)(q)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and by\u00a0section 2(1)(d)\u00a0of\u00a0Act 17 of 2017\u00a0and substituted by\u00a0section 2(1)(d)\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(n)\u00a0\u00a0\u00a0\u00a0\u00a0any amount which in terms of any other provision of this Act is specifically required to be included in the taxpayer\u2019s income and that amount must for the purposes of this paragraph be deemed to have been received by or to have accrued to the taxpayer:<\/span><\/p>\n

[Paragraph (n) substituted by section 3(1)(g) of Act 32 of 2005 and by section 2(1)(c) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

Provided that where during any year of assessment a person has become entitled to any amount which is payable on a date or dates falling after the last day of such year, that amount shall be deemed to have accrued to the person during such year;<\/p>\n","post_title":"\"Gross income\" definition of section 1 of ITA","collection_order":55,"collection":597,"post_modified":"2024-09-02 20:18:19","post_date":"2015-04-01 12:29:11"},{"ID":"122","post_content":"

\u201cgroup of companies\u201d<\/strong> means two or more companies in which one company (hereinafter referred to as the \u2018controlling group company\u2019) directly or indirectly holds shares in at least one other company (hereinafter referred to as the \u2018controlled group company\u2019), to the extent that \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 at least 70 per cent of the equity shares in each controlled group company are directly held by the controlling group company, one or more other controlled group companies or any combination thereof; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b) \u00a0 \u00a0 the controlling group company directly holds at least 70 per cent of the equity shares in at least one controlled group company;<\/span><\/p>\n","post_title":"\"Group of companies\" definition of section 1 of ITA","collection_order":56,"collection":597,"post_modified":"2019-08-14 14:12:34","post_date":"2015-04-01 12:29:11"},{"ID":"124","post_content":"

\u201cheadquarter company\u201d<\/strong> in respect of any year of assessment means a company contemplated in section 9I<\/a>(1) in respect of which an election has been made in terms of that section;<\/p>\n","post_title":"\"Headquarter company\" definition of section 1 of ITA","collection_order":57,"collection":597,"post_modified":"2019-08-14 14:15:04","post_date":"2015-04-01 12:29:11"},{"ID":"126","post_content":"

\u201chotel keeper\u201d<\/strong> means any person carrying on the business of hotel keeper or boarding or lodging house keeper where meals and sleeping accommodation are supplied to others for money or its equivalent;<\/p>\n","post_title":"\"Hotel keeper\" definition of section 1 of ITA","collection_order":58,"collection":597,"post_modified":"2019-08-14 14:15:14","post_date":"2015-04-01 12:29:11"},{"ID":"10501","post_content":"

\u201cidentical security\u201d<\/strong> means in respect of a listed security, as defined in the Securities Transfer Tax Act, 2007 (Act No. 25 of 2007), that is the subject of a securities lending arrangement-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a security of the same class in the same company as that security; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any other security that is substituted for that listed security in terms of an arrangement that is announced and released as a corporate action as contemplated in the JSE Limited Listings Requirements in the SENS (Stock Exchange News Service) as defined in the JSE Limited Listings Requirements;<\/span><\/p>\n

[Definition of \u201cidentical security\u201d inserted by\u00a0section\u00a03(1)(h)\u00a0of\u00a0Act\u00a025 of 2015\u00a0effective on 1\u00a0January, 2016.\u00a0Paragraph (b)\u00a0substituted by\u00a0section\u00a05(1)(e)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section\u00a01(1)(d)\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n","post_title":"\"Identical security\" definition of section 1 of ITA","collection_order":59,"collection":597,"post_modified":"2024-01-10 19:46:54","post_date":"2017-06-07 12:16:33"},{"ID":"10503","post_content":"

\u201cidentical share\u201d<\/strong> means in respect of a share-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a share of the same class in the same company as that share; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any other share that is substituted for a listed share in terms of an arrangement that is announced and released as a corporate action as contemplated in the JSE Limited Listings Requirements in the SENS (Stock Exchange News Service) as defined in the JSE Limited Listings Requirements or a corporate action as contemplated in the listings requirements of any other exchange, licensed under the Financial Markets Act, that are substantially the same as the requirements prescribed by the JSE Limited Listings Requirements, where that corporate action complies with the applicable requirements of that exchange\u037e<\/span><\/p>\n

[Paragraph (b) substituted by section 5(1)(f) of Act 15 of 2016, by section 1(1)(f) of Act 23 of 2018 and by section 2(1)(d) of Act 34 of 2019]<\/span><\/p>\n

[Definition of \u201cidentical share\u201d inserted by section 3 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"\"Identical share\" definition of section 1 of ITA","collection_order":60,"collection":597,"post_modified":"2021-02-10 09:08:32","post_date":"2017-06-07 12:17:30"},{"ID":"128","post_content":"

\u201cIFRS\u201d<\/strong> means the International Financial Reporting Standards issued by the International Accounting Standards Board;<\/p>\n","post_title":"\"IFRS\" definition of section 1 of ITA","collection_order":61,"collection":597,"post_modified":"2019-08-14 14:15:41","post_date":"2015-04-01 12:29:11"},{"ID":"130","post_content":"

\u201cincome\u201d<\/strong> means the amount remaining of the gross income of any person for any year or period of assessment after deducting therefrom any amounts exempt from normal tax under Part I of Chapter II;<\/p>\n","post_title":"\"Income\" definition of section 1 of ITA","collection_order":62,"collection":597,"post_modified":"2019-08-14 14:15:46","post_date":"2015-04-01 12:29:11"},{"ID":"132","post_content":"

\u201cinsolvent estate\u201d<\/strong> means an insolvent estate as defined in section 2 of the Insolvency Act, 1936 (Act No. 24 of 1936);<\/p>\n","post_title":"\"Insolvent estate\" definition of section 1 of ITA","collection_order":63,"collection":597,"post_modified":"2019-08-14 14:15:59","post_date":"2015-04-01 12:29:11"},{"ID":"14141","post_content":"

\u201cInsurance Act\u201d<\/strong>\u00a0means the Insurance Act, 2017 (Act No. 18 of 2017);<\/p>\n

[Definition of \u201cInsurance Act\u201d inserted by section 1 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"\"Insurance Act\" definition of section 1 of ITA","collection_order":64,"collection":597,"post_modified":"2020-05-27 19:19:06","post_date":"2018-07-06 10:03:37"},{"ID":"134","post_content":"

\u201cJSE Limited Listings Requirements\u201d<\/strong> means the JSE Limited Listings Requirements, 2003, made by the JSE Limited in terms of section 11 of the Financial Markets Act;<\/p>\n","post_title":"\"JSE Limited Listings Requirements\" definition of section 1 of ITA","collection_order":65,"collection":597,"post_modified":"2019-08-14 14:16:12","post_date":"2015-04-01 12:29:11"},{"ID":"24927","post_content":"

\u201clegacy retirement annuity policy\u201d\u00a0<\/strong>means any policy held by a retirement annuity fund entered into before 1\u00a0September 2024 with a pre-universal life or universal life construct, subject to such conditions that the Financial Sector Conduct Authority may determine;<\/span><\/p>\n

[Definition of \u201clegacy retirement annuity policy\u201d inserted by\u00a0section\u00a01(1)(b)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\u201cLegacy retirement annuity policy\u201d definition of section 1 of ITA","collection_order":66,"collection":597,"post_modified":"2024-09-04 08:05:46","post_date":"2024-09-02 20:20:54"},{"ID":"136","post_content":"

\u201clinked unit\u201d<\/strong> means a unit comprising a share and a debenture in a company, where that share and that debenture are linked and are traded together as a single unit;<\/p>\n","post_title":"\"Linked unit\" definition of section 1 of ITA","collection_order":67,"collection":597,"post_modified":"2019-08-14 18:40:55","post_date":"2015-04-01 12:29:11"},{"ID":"23529","post_content":"

\u201cliquidation and distribution account\u201d <\/strong>means the account required to be submitted by an executor to a Master in accordance with section 35 of the Administration of Estates Act, 1965 (Act 66 of 1965)\u037e<\/p>\n

[Definition of \u201cliquidation and distribution account\u201d inserted by section 4(1)(e) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of liquidation and distribution accounts finalised on or after that date]<\/span><\/p>\n","post_title":"\"Liquidation and distribution account\" definition of section 1 of ITA","collection_order":68,"collection":597,"post_modified":"2023-01-21 20:32:02","post_date":"2022-03-05 21:05:25"},{"ID":"138","post_content":"

\u201clisted company\u201d<\/strong> means a company where its shares or depository receipts in respect of its shares are listed on \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an exchange as defined in section 1 of the Financial Markets Act and licensed under section 9 of that Act; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a stock exchange in a country other than the Republic which has been recognised by the Minister as contemplated in paragraph (c) of the definition of \u201crecognised exchange\u201d in paragraph 1<\/a> of the Eighth S<\/a>chedule<\/a>;<\/span><\/p>\n","post_title":"\"Listed company\" definition of section 1 of ITA","collection_order":69,"collection":597,"post_modified":"2019-08-14 14:16:32","post_date":"2015-03-31 13:22:16"},{"ID":"140","post_content":"

\u201clisted share\u201d<\/strong> means a share that is listed on an exchange as defined in section 1 of the Financial markets Act and licensed under section 9 of that Act;<\/p>\n","post_title":"\"Listed share\" definition of section 1 of ITA","collection_order":70,"collection":597,"post_modified":"2019-08-14 14:16:41","post_date":"2015-04-01 12:29:11"},{"ID":"142","post_content":"

\u201cliving annuity\u201d\u00a0<\/strong>means a right of a member or former member of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund, or his or her dependant or nominee, or any subsequent nominee, to an annuity purchased from a person or provided by any fund on or after the retirement date of that member or former member in respect of which-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the value of the annuity is determined solely by reference to the value of assets which are specified in the annuity agreement and are held for purposes of providing the annuity;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the amount of the annuity is determined in accordance with a method or formula prescribed by the Minister by notice in the Gazette<\/em>;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the full remaining value of the assets contemplated in paragraph (a) may be paid as a lump sum when the value of those assets become at any timeless than an amount prescribed by the Minister by notice in the Gazette<\/em>;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the amount of the annuity is not guaranteed by that person or fund;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0on the death of the member or former member, the value of the assets referred to in paragraph (a) may be paid to a nominee of the member or former member as an annuity or lump sum or as an annuity and a lump sum, or, in the absence of a nominee, to the deceased\u2019s estate as a lump sum;<\/span><\/p>\n

[Paragraph (e)\u00a0substituted by\u00a0section\u00a04(1)(i)\u00a0of\u00a0Act\u00a060 of 2008\u00a0and by\u00a0section\u00a07(1)(y)\u00a0of\u00a0Act\u00a024 of 2011\u00a0and amended by\u00a0section\u00a02(1)(e)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021]<\/span><\/p>\n

<\/p>\n

(eA)\u00a0\u00a0in anticipation of the termination of a trust, the value of the assets referred to in paragraph (a) must be paid to the trust as a lump sum pursuant to that termination; and<\/span><\/p>\n

[Paragraph (eA)\u00a0inserted by\u00a0section\u00a02(1)(f)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 further requirements regarding the annuity may be prescribed by the Minister by notice in the Gazette;<\/span><\/p>\n

[Definition of \u201cliving annuity\u201d inserted by\u00a0section\u00a02(1)(o)\u00a0of\u00a0Act\u00a03 of 2008\u00a0and amended by\u00a0section\u00a04(1)(g)\u00a0of\u00a0Act\u00a060 of 2008\u00a0and by\u00a0section\u00a01(1)(e)\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n","post_title":"\"Living annuity\" definition of section 1 of ITA","collection_order":71,"collection":597,"post_modified":"2024-01-10 19:47:10","post_date":"2015-04-01 12:29:11"},{"ID":"144","post_content":"

\u201cLong-term Insurance Act\u201d<\/strong> means the Long-term Insurance Act, 1998 (Act No. 52 of 1998);<\/p>\n","post_title":"\"Long-term Insurance Act\" definition of section 1 of ITA","collection_order":72,"collection":597,"post_modified":"2019-08-14 14:17:20","post_date":"2015-04-01 12:29:11"},{"ID":"146","post_content":"

\u201clow-cost residential unit\u201d<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an apartment qualifying as a residential unit in a building located within the Republic, where-<\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u00a0the cost of the apartment does not exceed R350000; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the owner of the apartment does not charge a monthly rental in respect of that apartment that exceeds one per cent of the cost; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a building qualifying as a residential unit located within the Republic, where-<\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u00a0the cost of the building does not exceed R300000; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the owner of the building does not charge a monthly rental in respect of that building that exceeds one per cent of the cost contemplated in subparagraph (i) plus a proportionate share of the cost of the land and the bulk infrastructure:<\/span><\/p>\n

<\/p>\n

Provided that for the purposes of paragraphs (a)(ii) and (b)(ii), the cost is deemed to be increased by 10 per cent in each year succeeding the year in which the apartment or building is first brought into use;<\/p>\n","post_title":"\"Low-cost residential unit\" definition of section 1 of ITA","collection_order":73,"collection":597,"post_modified":"2019-08-14 14:17:27","post_date":"2015-04-01 12:29:11"},{"ID":"148","post_content":"

\u201clump sum benefit\u201d <\/strong>means a retirement fund lump sum benefit or retirement fund lump sum withdrawal benefit;<\/p>\n","post_title":"\"Lump sum benefit\" definition of section 1 of ITA","collection_order":74,"collection":597,"post_modified":"2019-08-14 14:17:42","post_date":"2015-04-01 12:29:11"},{"ID":"150","post_content":"

\u201cMedical Schemes Act\u201d<\/strong> means the Medical Schemes Act, 1998 (Act No. 131 of 1998);<\/p>\n","post_title":"\"Medical Schemes Act\" definition of section 1 of ITA","collection_order":75,"collection":597,"post_modified":"2019-08-14 18:41:18","post_date":"2015-04-01 12:29:11"},{"ID":"24929","post_content":"

\u201cmember\u2019s interest in the retirement component\u201d\u00a0<\/strong>includes-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0any amount allocated to the retirement component as contemplated in the definition of \u201cretirement component\u201d;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any amount credited to the retirement component on or after 1 September 2024;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any fund return as defined in section 1 of the Pension Funds Act in relation to amounts contemplated in paragraphs (a) and (b); and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0reduced proportionally by any amount determined in terms of section 37D of the Pension Funds Act, which amount is deemed to be a lump sum benefit contemplated in paragraph 2<\/a>(1)(b) of the Second Schedule,<\/span><\/span><\/p>\n

\u00a0<\/p>\n

as determined in terms of the rules of the fund;<\/span><\/p>\n

[Definition of \u201cmember\u2019s interest in the retirement component\u201d inserted by\u00a0section\u00a01(1)(c)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\u201cMember\u2019s interest in the retirement component\u201d definition of section 1 of ITA","collection_order":76,"collection":597,"post_modified":"2024-09-04 08:11:02","post_date":"2024-09-02 20:22:14"},{"ID":"24931","post_content":"

\u201cmember\u2019s interest in the savings component\u201d\u00a0<\/strong>includes-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0any amount allocated to the savings component as contemplated in the definition of \u201csavings component\u201d;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any amount credited to the savings component on or after 1 September 2024;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any fund return as defined in section 1 of the Pension Funds Act in relation to amounts contemplated in paragraphs (a) and (b);<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0reduced by any amount as contemplated in the definition of \u201csavings withdrawal benefit\u201d; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0reduced proportionally by any amount determined in terms of section 37D of the Pension Funds Act, which amount is deemed to be a lump sum benefit contemplated in paragraph 2<\/a>(1)(b) of the Second Schedule,<\/span><\/span><\/p>\n

\u00a0<\/p>\n

as determined in terms of the rules of the fund;<\/span><\/p>\n

[Definition of \u201cmember\u2019s interest in the savings component\u201d inserted by\u00a0section\u00a01(1)(c)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\u201cMember\u2019s interest in the savings component\u201d definition of section 1 of ITA","collection_order":77,"collection":597,"post_modified":"2024-09-04 08:14:24","post_date":"2024-09-02 20:23:06"},{"ID":"24933","post_content":"

\u201cmember\u2019s interest in the vested component\u201d\u00a0<\/strong>includes-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the value of the member\u2019s interest in the fund that exists immediately prior to 1 September 2024;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any amount credited to the member\u2019s vested component on or after 1 September 2024;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any fund return as defined in section 1 of the Pension Funds Act in relation to amounts contemplated in paragraphs (a) and (b);<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0reduced by any amount as contemplated in paragraph (a) of the definition of \u201csavings component\u201d; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0reduced proportionally by any amount determined in terms of section 37D of the Pension Funds Act, which amount is deemed to be a lump sum benefit contemplated in paragraph 2<\/a>(1)(b) of the Second Schedule,<\/span><\/span><\/p>\n

\u00a0<\/p>\n

as determined in terms of the rules of the fund;<\/span><\/p>\n

[Definition of \u201cmember\u2019s interest in the vested component\u201d inserted by\u00a0section\u00a01(1)(c)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\u201cMember\u2019s interest in the vested component\u201d definition of section 1 of ITA","collection_order":78,"collection":597,"post_modified":"2024-09-04 08:16:47","post_date":"2024-09-02 20:24:19"},{"ID":"152","post_content":"

\u201cMineral and Petroleum Resources Development Act\u201d<\/strong> means the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);<\/p>\n","post_title":"\"Mineral and Petroleum Resources Development Act\" definition of section 1 of ITA","collection_order":79,"collection":597,"post_modified":"2019-08-14 14:17:56","post_date":"2015-04-01 12:29:11"},{"ID":"154","post_content":"

\u201cmining for gold\u201d<\/strong> or \u201cto mine for gold\u201d<\/strong> includes mining for uranium or to mine for uranium;<\/p>\n","post_title":"\"Mining for gold' or 'to mine for gold'\" definition of section 1 of ITA","collection_order":80,"collection":597,"post_modified":"2019-08-14 14:26:25","post_date":"2015-04-01 12:28:53"},{"ID":"156","post_content":"

mining operations\u201d<\/strong> and \u201cmining\u201d<\/strong> include every method or process by which any mineral is won from the soil or from any substance or constituent thereof;<\/p>\n","post_title":"\"Mining operations' and 'mining'\" definition of section 1 of ITA","collection_order":81,"collection":597,"post_modified":"2019-08-14 14:26:40","post_date":"2015-04-01 12:28:53"},{"ID":"158","post_content":"

\u201cMinister\u201d<\/strong> means the Minister of Finance;<\/p>\n","post_title":"\"Minister\" definition of section 1 of ITA","collection_order":82,"collection":597,"post_modified":"2019-08-14 14:26:48","post_date":"2015-04-01 12:28:53"},{"ID":"160","post_content":"

\u201cmunicipality\u201d<\/strong> means a municipality which is within a category listed in section 155(1) of the Constitution of the Republic of South Africa, 1996, and which is an organ of state within the local sphere of government exercising legislative and executive authority within an area determined in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998);<\/p>\n","post_title":"\"Municipality\" definition of section 1 of ITA","collection_order":83,"collection":597,"post_modified":"2019-08-14 14:26:55","post_date":"2015-04-01 12:28:53"},{"ID":"162","post_content":"

\u201cmunicipal value\u201d<\/strong> means an amount determined in terms of section 46 of the Local Government: Municipal Property Rates Act, 2004 (Act No. 6 of 2004);<\/p>\n","post_title":"\"Municipal value\" definition of section 1 of ITA","collection_order":84,"collection":597,"post_modified":"2019-08-14 14:27:02","post_date":"2015-04-01 12:28:53"},{"ID":"164","post_content":"

\u201cnatural oil\u201d<\/strong> means any liquid or solid hydrocarbon or combustible gas existing in a natural condition in the earth\u2019s crust, but does not include coal or bituminous shales or other stratified deposits from which oil can be obtained by destructive distillation, or gas arising from marsh or other surface deposits;<\/p>\n","post_title":"\"Natural oil\" definition of section 1 of ITA","collection_order":85,"collection":597,"post_modified":"2019-08-14 14:27:08","post_date":"2015-04-01 12:28:53"},{"ID":"166","post_content":"

\u201cneighbouring country\u201d\u00a0<\/strong>means Botswana, eSwatini, Lesotho and Namibia;<\/p>\n

[Definition of \u201cneighbouring country\u201d inserted by\u00a0section\u00a02(1)(a)\u00a0of\u00a0Act\u00a085 of 1987\u00a0and substituted by\u00a0section\u00a02(e)\u00a0of\u00a0Act\u00a0141 of 1992, by\u00a0section\u00a02(c)\u00a0of\u00a0Act\u00a036 of 1996\u00a0and by\u00a0section\u00a03\u00a0of\u00a0Act\u00a016 of 2022]<\/span><\/p>\n","post_title":"\"Neighbouring country\" definition of section 1 of ITA","collection_order":86,"collection":597,"post_modified":"2024-01-10 19:47:26","post_date":"2015-04-01 12:28:53"},{"ID":"168","post_content":"

\u201cnormal retirement age\u201d<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of a member of a pension fund or provident fund, the date on which the member becomes entitled to retire from employment for reasons other than sickness, accident, injury or incapacity through infirmity of mind or body;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of a member of a retirement annuity fund, a pension preservation fund or a provident preservation fund, the date on which the member attains 55 years of age; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in the case of a member of any fund contemplated in this definition, the date on which that member becomes permanently incapable of carrying on his or her occupation due to sickness, accident, injury or incapacity through infirmity of mind or body;<\/span><\/p>\n","post_title":"\"Normal retirement age\" definition of section 1 of ITA","collection_order":87,"collection":597,"post_modified":"2019-08-14 14:27:51","post_date":"2015-04-01 12:28:53"},{"ID":"170","post_content":"

\u201cnormal tax\u201d<\/strong> means income tax referred to in section 5<\/a>(1);<\/p>\n","post_title":"\"Normal tax\" definition of section 1 of ITA","collection_order":88,"collection":597,"post_modified":"2019-08-14 14:28:02","post_date":"2015-04-01 12:28:53"},{"ID":"172","post_content":"

\u201cofficer\u201d<\/strong> means, where used in the context of a person who is engaged by the Commissioner in carrying out the provisions of this Act, a SARS official as defined in section 1<\/a> of the Tax Administration Act<\/a>;<\/p>\n","post_title":"\"Officer\" definition of section 1 of ITA","collection_order":89,"collection":597,"post_modified":"2019-08-14 14:28:06","post_date":"2015-04-01 12:28:52"},{"ID":"12714","post_content":"

\u201cofficial rate of interest\u201d<\/strong>\u00a0means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a debt which is denominated in the currency of the Republic, a rate of interest equal to the South African repurchase rate plus 100 basis points; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a debt which is denominated in any other currency, a rate of interest that is the equivalent of the South African repurchase rate applicable in that currency plus 100 basis points:<\/span><\/p>\n

<\/p>\n

Provided that where a new repurchase rate or equivalent rate is determined, the new rate of interest applies for the purposes of this definition from the first day of the month following the date on which that new repurchase rate or equivalent rate came into operation;<\/p>\n

[Definition of \u201cofficial rate of interest\u201d inserted by section 2 of Act 17 of 2017 and substituted by section 1 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"\"Official rate of interest\" definition of section 1 of ITA","collection_order":90,"collection":597,"post_modified":"2020-05-27 19:19:20","post_date":"2018-01-17 18:00:12"},{"ID":"174","post_content":"

\u201cPatents Act\u201d<\/strong> means the Patents Act, 1978 (Act No. 57 of 1978);<\/p>\n","post_title":"\"Patents Act\" definition of section 1 of ITA","collection_order":91,"collection":597,"post_modified":"2019-08-14 14:28:38","post_date":"2015-04-01 12:28:52"},{"ID":"176","post_content":"

\u201cpension fund\u201d<\/strong> means \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any pension or dependants\u2019 fund or pension scheme established by law, other than the Government Employees Pension Fund, as contemplated in the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996);<\/span><\/p>\n

[Sub-paragraph (i) substituted by section 7(1)(o) of Act 17 of 2009 and by section 3(1)(k) of Act 25 of 2015, substituted by section 74(1)(a) of Act 23 of 2020 effective on 1 March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0any pension, provident or dependants\u2019 fund or pension scheme established for the benefit of the employees of any municipality or of any local authority (as defined in the definition of \u201clocal authority\u201d in this section prior to the coming into operation of section 3(1)(h) of the Revenue Laws Amendment Act, 2006 (Act 20 of 2006), that was established prior to the date that section so came into operation); or<\/span><\/p>\n

[Sub-paragraph (ii) substituted by section 3(1)(k) of Act 20 of 2006 and by section 7(1)(o) of Act 17 of 2009 \u2013 pending amendment by section 3(1)(l) of Act 25 of 2015 deleted by section 74(1)(b) of Act 23 of 2020 deemed effective on 8 January, 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(iii) \u00a0 \u00a0any fund contemplated in subparagraph (ii), which includes as members employees of any municipal entity created in accordance with the provisions of the Municipal Systems Act, 2000 (Act No. 32 of 2000), over which one or more municipalities or local authorities (as defined in section 1 prior to the coming into operation of section 3(1)(h) of the Revenue Laws Amendment Act, 2006, and that was established prior to the date that section so came into operation) exercise ownership control as contemplated by that Act, where such fund was established \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0 on or before 14 November 2000, and such employees were employees of a local authority (as defined in section 1 prior to the coming into operation of section 3(1)(h) of the Revenue Laws Amendment Act, 2006, and that was established prior to the date that section so came into operation) immediately prior to becoming employees of such municipal entity; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 after 14 November 2000, and such fund has been approved by the Commissioner subject to such limitations, conditions and requirements as contemplated in paragraph (c);<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0effective on a date determined by the Commissioner in relation to any fund hereinafter referred to (not being a date earlier than 4 December 1981), any pension fund established for the benefit of employees of a control board as defined in section 1 of the Marketing of Agricultural Products Act, 1996 (Act 47 of 1996), or for the benefit of employees of the Development Bank of Southern Africa, if the rules of such fund are in all material respects identical to those of the Government Employees\u2019 Pension Fund; or<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a02(1)(c)\u00a0of\u00a0Act 96 of 1985, by\u00a0section\u00a02(1)(\u00a0j)\u00a0of\u00a0Act\u00a028 of 1997\u00a0and by\u00a0section\u00a03(1)(m)\u00a0of\u00a0Act\u00a025 of 2015\u00a0effective on 1\u00a0March, 2016 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the Municipal Councillors Pension Fund provisionally registered under the Pension Funds Act on 23 May 1988, or any fund (other than a retirement annuity fund, a pension preservation fund or a fund contemplated in paragraph (a) or (b)) which is approved by the Commissioner in respect of the year of assessment in question and, in the case of any such fund established on or after 1 July 1986, is registered under the provisions of that Act;<\/span><\/p>\n

[Paragraph (c) amended by section 2(1)(c) of Act 65 of 1986, by section 1(1) of Act 99 of 1988, by section 2(1)(b) of Act 101 of 1990, by section 2(1)(i) of Act 113 of 1993, by section 2(d) and (e) of Act 21 of 1995, by section 2(g) of Act 59 of 2000, by ss. 2(2)(b) and 3(1)(f) of Act 8 of 2007, by section 2(1)(t) and (u) of Act 3 of 2008, by section 4(1)(k), (l), (m) and (n) of Act 60 of 2008, by section 6(1)(r) of Act 7 of 2010, by section 7(1)(z) of Act 24 of 2011, by section 4(1)(zC) and (zD) of Act 31 of 2013 (section 4(1)(zE) of Act 31 of 2013 substituted by section 119(1)(a) of Act 43 of 2014 and deleted by section 143(1)(a) and section 155(1) of Act 25 of 2015 respectively), by section 3(1)(n) of Act 25 of 2015, by section 2(1)(f) and (g) of Act 17 of 2017, by section 1(1)(j) and (k) of Act 23 of 2018 and by section 1(1)(f) of Act 20 of 2022]<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0the Government Employees Pension Fund, as contemplated in the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996):<\/span><\/p>\n

[Paragraph (d)\u00a0added by\u00a0section\u00a03(1)(o)\u00a0of\u00a0Act\u00a025 of 2015\u00a0effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date \u2013 effective date in\u00a0section\u00a03(7)\u00a0of\u00a0Act\u00a025 of 2015\u00a0substituted by\u00a0section\u00a03(1)(b)\u00a0of\u00a0Act\u00a02 of 2016\u00a0as substituted by\u00a0section\u00a098(1)\u00a0of\u00a0Act\u00a017 of 2017\u00a0and by\u00a0section\u00a0111(1)\u00a0of\u00a0Act\u00a023 of 2018]<\/span><\/p>\n

\u00a0<\/p>\n

Provided that the Commissioner may approve any fund contemplated in paragraph (c) subject to such limitations or conditions as he may determine, and shall not approve a fund in respect of any year of assessment unless the Commissioner is in respect of that year of assessment satisfied-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that the fund is a permanent fund bona fide established for the purpose of providing annuities on retirement date or for the dependants or nominees of deceased employees, or mainly for the said purpose and also for the purpose of providing benefits other than annuities for the persons aforesaid or for the purpose of providing any benefit contemplated in the definition of \u201csavings withdrawal benefit\u201d<\/a>, paragraph 2C<\/a> of the Second Schedule or section 15A or 15E of the Pension Funds Act; and<\/span><\/span><\/p>\n

[Paragraph (i)\u00a0substituted by\u00a0section\u00a01(1)(d)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that the rules of the fund provide-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0that all annual contributions of a recurrent nature to the fund shall be in accordance with specified scales;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0that membership of the fund throughout the period of employment shall be a condition of the employment by the employer of all persons of the class or classes specified therein who enter employment with that employer on or after the date upon which-<\/span><\/p>\n

\u00a0<\/p>\n

(A)\u00a0\u00a0\u00a0 the fund comes into operation; or<\/span><\/p>\n

\u00a0<\/p>\n

(B)\u00a0\u00a0\u00a0 the employer becomes a participant in that fund;<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0those persons who immediately prior to the said date were employed by the employer and who on the said date fall within the said class or classes may, upon application made, be permitted to become members of that fund on such conditions as may be specified in the rules;<\/span><\/p>\n

\u00a0<\/p>\n

(dd)\u00a0\u00a0\u00a0that not more than one-third of the portion of the member\u2019s interest in the vested component may be commuted for a single payment, and that the remainder, calculated together with the member\u2019s interest in the retirement component, must be paid in the form of an annuity (including a living annuity), a combination of annuities (including a combination of methods of paying the annuity) or a combination of types of annuities except where two-thirds of the member\u2019s total interest in the vested component, calculated together with the member\u2019s total interest in the retirement component, does not exceed R165 000, where the employee is deceased or where the employee elects to transfer the retirement interest to a pension preservation fund, provident preservation fund or a retirement annuity fund: Provided that in determining the value of the retirement interest an amount calculated as follows must not be taken into account-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(A)\u00a0\u00a0\u00a0\u00a0in the case of a person who was a member of a provident fund or provident preservation fund and who was 55 years of age or older on 1 March 2021-<\/span><\/p>\n

\u00a0<\/p>\n

(AA)\u00a0\u00a0any amount contributed to a provident fund or transferred to a provident preservation fund prior to, on and after 1 March 2021 of which that person was a member on 1 March 2021\u037e<\/span><\/p>\n

\u00a0<\/p>\n

(BB) \u00a0with the addition of any other amount credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on and after 1 March 2021\u037e and<\/span><\/p>\n

\u00a0<\/p>\n

(CC)\u00a0\u00a0any fund return, as defined in the Pension Funds Act, in relation to the contributions contemplated in subparagraph (AA) or amounts credited contemplated in subparagraph (BB); or<\/span><\/span><\/p>\n

[Subparagraph (CC) substituted by\u00a0section 1(1)(c)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2022 and is applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0in any other case of a person who was a member of a provident fund or provident preservation fund on 1 March 2021-<\/span><\/p>\n

\u00a0<\/p>\n

(AA) \u00a0any amount contributed to a provident fund or transferred to a provident preservation fund prior to 1 March 2021\u037e<\/span><\/p>\n

\u00a0<\/p>\n

(BB) \u00a0with the addition of any other amount credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund as a result of the value of the member\u2019s individual account or minimum individual reserve on 1 March 2021\u037e and<\/span><\/p>\n

\u00a0<\/p>\n

(CC)\u00a0\u00a0any fund return, as defined in the Pension Funds Act, in relation to the contributions contemplated in subparagraph (AA) or amounts credited contemplated in subparagraph (BB);<\/span><\/span><\/p>\n

[Subparagraph (CC) substituted by\u00a0section 1(1)(d)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2022 and is applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

reduced proportionally by an amount permitted in terms of the Pension Funds Act to be deducted from the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on and after 1 March 2021: Provided further that in the case where the remaining balance is utilised to provide or purchase more than one annuity, the amount utilised to provide or purchase each annuity must exceed R165 000\u037e<\/p>\n

[Subparagraph\u00a0(dd) substituted by\u00a0section\u00a04(1)(f)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and amended by\u00a0section\u00a01(1)(b)\u00a0of\u00a0Act\u00a017 of 2023\u00a0and by\u00a0section\u00a01(1)(e)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(ee)\u00a0\u00a0 that a partner of a partnership is regarded as an employee of the partnership;<\/span><\/span><\/p>\n

[Subparagraph (ee) substituted by\u00a0section\u00a01(1)(e)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect from 1\u00a0March, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(ff)\u00a0\u00a0\u00a0\u00a0\u00a0that the Commissioner shall be notified of all amendments of the rules; and<\/span><\/p>\n

\u00a0<\/p>\n

\u00a0<\/p>\n

(gg)\u00a0\u00a0\u00a0that an employee who has transferred a retirement interest in terms of paragraphs 2<\/a>(1)(c) and 6A<\/a>(d) of the Second Schedule<\/a> to this fund shall not be entitled to payment of a withdrawal benefit as contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule in respect of that transferred amount; and<\/span><\/span><\/p>\n

[Subparagraph (gg) added by\u00a0section\u00a01(1)(f)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect from 1\u00a0March, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0that the rules of the fund have been complied with;<\/span><\/p>\n

\u00a0<\/p>\n

: Provided further that the Commissioner may recognise a fund contemplated in\u00a0paragraph (a),\u00a0(b)\u00a0or\u00a0(d)\u00a0in respect of any year of assessment if the Commissioner is satisfied that the rules of the fund provide that in determining the value of retirement interest, an amount calculated as follows must not be taken into account-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a person who was a member of a provident fund or a provident preservation fund and who was 55 years of age or older on 1 March 2021-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0any amount contributed to a provident fund or transferred to a provident preservation fund prior to, on and after 1 March 2021 of which that person was a member on 1 March 2021;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0with the addition of any other amount credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on or after 1 March 2021; and<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0where applicable, any fund return, as defined in the Pension Funds Act, in relation to the contributions or transfers contemplated in subparagraph (aa) or amounts credited as contemplated in subparagraph (bb); or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in any other case of a person who was a member of a provident fund or a provident preservation fund on 1 March 2021\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0any amount contributed to a provident fund or transferred to a provident preservation fund prior to 1 March 2021;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0with the addition of any other amounts credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund as a result of the value of the member\u2019s individual account or minimum individual reserve on 1 March 2021; and<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0where applicable, any fund return, as defined in the Pension Funds Act, in relation to the contributions or transfers contemplated in subparagraph (aa) or amounts credited as contemplated in subparagraph (bb),<\/span><\/p>\n

\u00a0<\/p>\n

where applicable, reduced proportionally by any amount permitted to be deducted in terms of the Pension Funds Act from the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on or after 1 March 2021;<\/p>\n

\u00a0<\/p>\n

Provided further that the Commissioner may approve or recognise a fund contemplated in-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0paragraph (a), (b), (c) or (d) in respect of any year of assessment, if the Commissioner is satisfied that the rules of the fund provide-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0for the creation of the \u201csavings component\u201d<\/a>, \u201cretirement component\u201d<\/a> and \u201cvested component\u201d<\/a> as defined in section 1<\/a>;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0that an employee may, prior to his or her retirement date, elect to receive the payment of-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(A)\u00a0\u00a0\u00a0 an amount from the retirement component, deemed to be paid as a lump sum benefit contemplated in para-graph\u00a02<\/a>(1)(b)(ii) of the\u00a0Second Schedule, where a member\u2014<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(AA)\u00a0\u00a0is a person who is not a resident for an uninterrupted period of three years or longer on or after 1 March 2021;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(BB)\u00a0\u00a0departed from the Republic at the expiry of a visa obtained for the purposes of-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(AAA) working as contemplated in paragraph (i) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002);<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(BBB) a visit as contemplated in paragraph (b) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002), issued in terms of paragraph (b) of the proviso to section 11 of the Act by the Director-General, as defined in that Act; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(CC)\u00a0\u00a0is a person who is or was a resident who emigrated from the Republic and that emigration is recognised by the South African Reserve Bank for purposes of exchange control in respect of application for that recognition received on or before 28 February 2021 and approved by the South African Reserve Bank or an authorised dealer in foreign exchange for the delivery of currency on or before 28 February 2022; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(B)\u00a0\u00a0\u00a0 an amount from the vested component, deemed to be paid as a lump sum benefit contemplated in\u00a0paragraph\u00a02<\/a>(1)(b)(ii)\u00a0of the\u00a0Second Schedule, where a member\u2014<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(AA)\u00a0\u00a0is a person who is not a resident for an uninterrupted period of three years or longer on or after 1 March 2021;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(BB)\u00a0\u00a0departed from the Republic at the expiry of a visa obtained for the purposes of\u2014<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(AAA) working as contemplated in paragraph (i) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002); or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(BBB) a visit as contemplated in paragraph (b) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002), issued in terms of paragraph (b) of the proviso to section 11 of the Act by the Director-General, as defined in that Act; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(CC)\u00a0\u00a0is a person who is or was a resident who emigrated from the Republic and that emigration is recognised by the South African Reserve Bank for purposes of exchange control in respect of application for that recognition received on or before 28 February 2021 and approved by the South African Reserve Bank or an authorised dealer in foreign exchange for delivery of currency on or before 28 February 2022; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0paragraph (a), (b) or (d) in respect of any year of assessment, if the Commissioner is satisfied that the rules of the fund provide that not more than one-third of the employee\u2019s retirement interest in the vested component may be commuted for a single payment and that the remainder, calculated together with the employee\u2019s interest in the retirement component, must be paid in the form of an annuity (including a living annuity), a combination of annuities (including a combination of methods of paying the annuity) or a combination of types of annuities except where two-thirds of the employee\u2019s interest in the vested component calculated together with the employee\u2019s interest in the retirement component, does not exceed R165 000, where the employee is deceased or where the employee elects to transfer the retirement interest to a pension preservation fund, provident preservation fund or retirement annuity fund;<\/span><\/span><\/p>\n

[Definition of \u201cpension fund\u201d amended by\u00a0section 3(i)\u00a0of\u00a0Act 90 of 1962, by\u00a0section\u00a04(1)(c)\u00a0of\u00a0Act 90 of 1972, by\u00a0section 3(1)(c)\u00a0of\u00a0Act 101 of 1978, by\u00a0section\u00a03(1)(c)\u00a0of\u00a0Act 104 of 1979\u00a0and by\u00a0section 3(1)(c)\u00a0of\u00a0Act 91 of 1982, substituted by\u00a0section 2(1)(e)\u00a0of\u00a0Act 94 of 1983(section\u00a03(1)(p)\u00a0of\u00a0Act\u00a025 of 2015\u00a0deleted by\u00a0section\u00a03(1)(a)\u00a0of\u00a0Act\u00a02 of 2016) and amended by\u00a0section\u00a01(1)(a)\u00a0of\u00a0Act\u00a02 of 2016(as substituted by\u00a0section\u00a097(1)(a)\u00a0of\u00a0Act\u00a017 of 2017, by\u00a0section\u00a0110(1)(a)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and by\u00a0section\u00a075(1)\u00a0of\u00a0Act\u00a023 of 2020), by\u00a0section\u00a01(1)(g)\u00a0of\u00a0Act\u00a020 of 2022\u00a0and by\u00a0section\u00a01(1)(f)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Pension fund\" definition of section 1 of ITA","collection_order":92,"collection":597,"post_modified":"2024-09-06 09:21:57","post_date":"2015-04-01 12:28:52"},{"ID":"178","post_content":"

\u201cPension Funds Act\u201d<\/strong> means the Pension Funds Act, 1956 (Act No. 24 of 1956);<\/p>\n","post_title":"\"Pension Funds Act\" definition of section 1 of ITA","collection_order":93,"collection":597,"post_modified":"2019-08-14 14:29:58","post_date":"2015-03-31 13:36:41"},{"ID":"180","post_content":"

\u201cpension preservation fund\u201d<\/strong> means a pension fund organisation which is registered under the Pension Funds Act and which is approved by the Commissioner in respect of the year of assessment in question: Provided that the Commissioner may approve a fund subject to such limitations and conditions as the Commissioner may determine, and shall not approve a fund in respect of any year of assessment unless the Commissioner is satisfied in respect of that year of assessment that the rules of the fund provide that-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 membership of the fund consists of-<\/span><\/p>\n

\u00a0<\/p>\n

(i) \u00a0 \u00a0 former members of a pension fund or provident fund whose membership of that fund has terminated due to-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0resignation, retrenchment or dismissal from employment and who elected to have any lump sum benefit that is payable as a result of the termination transferred to that fund, including lump sums transferred from the member\u2019s vested component, savings component and retirement component in the previous fund to the member\u2019s vested component, savings component and retirement component in this fund;<\/span><\/span><\/p>\n

[Item\u00a0(aa)\u00a0substituted by\u00a0section\u00a01(1)(g)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(bb) \u00a0 the winding up or partial winding up of that fund, if the member elects or is required in terms of the rules to transfer to this fund; or<\/span><\/p>\n

\u00a0<\/p>\n

(cc) \u00a0 a transfer of business from one employer to another in terms of section 197 of the Labour Relations Act, 1995 (Act No. 66 of 1995), and the employment of the employee with the transferor employer is transferred to the transferee employer, if the member elects or is required in terms of the rules to transfer to this fund;<\/span><\/p>\n

\u00a0<\/p>\n

(ii) \u00a0 \u00a0 former members of any other pension preservation fund or a provident preservation fund-<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 if that fund was wound up or partially wound up; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0if the member elected to have any lump sum benefit contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule transferred to this provident preservation fund and who have made this election while they were members of that other fund, including lump sums transferred from the member\u2019s vested component, savings component and retirement component in the previous fund to the member\u2019s vested component, savings component and retirement component in this fund;<\/span><\/span><\/p>\n

[Subparagraph\u00a0(ii)\u00a0amended by\u00a0section\u00a07(1)(zC)\u00a0of\u00a0Act\u00a024 of 2011\u00a0effective on 1\u00a0March, 2012.\u00a0Item\u00a0(bb)\u00a0substituted by\u00a0section\u00a07(1)(p)\u00a0of\u00a0Act\u00a017 of 2009\u00a0and by\u00a0section\u00a01(1)(h)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 .\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/span><\/p>\n

[Sub-paragraph (iii)\u00a0substituted by\u00a0section\u00a07(1)(zD)\u00a0of\u00a0Act\u00a024 of 2011\u00a0and by\u00a0section\u00a04(1)(zH)\u00a0of\u00a0Act\u00a031 of 2013, amended by\u00a0section\u00a01(1)(l)\u00a0of\u00a0Act 23 of 2018, substituted by\u00a0section\u00a01(1)(o)\u00a0of\u00a0Act 23 of 2018\u00a0and deleted by\u00a0section\u00a02(1)(g)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021]<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0persons who have elected to transfer to that fund amounts awarded to those persons in terms of any court order contemplated in section 7(8) of the Divorce Act, 1979 (Act No. 70 of 1979), from any pension fund, pension preservation fund, provident fund or provident preservation fund for the benefit of those persons;<\/span><\/p>\n

[Subparagraph\u00a0(iv)\u00a0substituted by\u00a0section\u00a07(1)(q)\u00a0of\u00a0Act 17 of 2009, amended by\u00a0section\u00a01(1)(l)\u00a0of\u00a0Act 23 of 2018\u00a0and substituted by\u00a0section\u00a01(1)(o)\u00a0of\u00a0Act 23 of 2018\u00a0both effective from 1\u00a0March, 2019]<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0former members of a pension fund, pension preservation fund, provident fund or provident preservation fund who have elected to have a lump sum benefit contemplated in paragraph 2<\/a>(1)(c) of the Second Schedule transferred to this pension preservation fund and who have made this election while they were members of that other fund, including lump sums transferred from the member\u2019s vested component, savings component and retirement component in the previous fund to the member\u2019s vested component, savings component and retirement component in this fund;<\/span><\/span><\/p>\n

[Subparagraph\u00a0(v)\u00a0substituted by\u00a0section\u00a04(1)(g)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and by\u00a0section\u00a01(1)(i)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(vi)\u00a0\u00a0\u00a0\u00a0former members of a pension fund, pension preservation fund, provident fund or provident preservation fund or nominees or dependants of that former member in respect of whom an \u201cunclaimed benefit\u201d as defined in section 1 of the Pension Funds Act and as contemplated in section 37C(1)(c) of the said Act is due or payable by that fund;<\/span><\/p>\n

[Paragraph (a) pending amendment by section 3(1)(q) of Act 25 of 2015 deleted by section 74(1)(c) of Act 23 of 2020 deemed effective on 8 January, 2016. Subparagraph (vi) added by section 2(1)(h) of Act 23 of 2020 and substituted by section 1(1)(h) of Act 20 of 2022]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0payments or transfers to the fund in respect of a member are limited to any amount allocated to the vested component, savings component or retirement component or an amount contemplated in paragraph 2<\/a>(1)(a)(ii), (b) or (c) of the Second Schedule or any unclaimed benefit as defined in the Pension Funds Act that is paid or transferred to the fund by-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a pension fund, provident fund, provident preservation fund or any other pension preservation fund of which such member was previously a member; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a pension fund, pension preservation fund, provident fund, or provident preservation fund of which such member\u2019s former spouse is or was previously a member and such payment or transfer was made pursuant to an election by such member in terms of section 37D(4)(b)(ii) of the Pension Funds Act;<\/span><\/p>\n

[Sub-paragraph (ii) substituted section 2(1)(j) of Act 23 of 2020 effective on 1\u00a0March, 2021]<\/span><\/p>\n

[Paragraph (b) substituted by section 4 of Act 60 of 2008 and amended by section 7 of Act 17 of 2009, section 7 of Act 24 of 2011, section 4 of Act 31 of 2013 and section 5 of Act 15 of 2016 and substituted by section 1(1)(m) of Act 23 of 2018 effective on 1 March 2019]<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a04(1)(o)\u00a0of\u00a0Act\u00a060 of 2008, amended by\u00a0section\u00a07(1)(r)-(s) of\u00a0Act\u00a017 of 2009, by\u00a0section\u00a07(1)(zE)\u00a0of\u00a0Act\u00a024 of 2011, by\u00a0section\u00a04(1)(zI)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and by\u00a0section\u00a05(1)(g)\u00a0of\u00a0Act\u00a015 of 2016, substituted by\u00a0section\u00a01(1)(m)\u00a0of\u00a0Act 23 of 2018\u00a0and amended by\u00a0section\u00a01(1)(j)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0with the exception of amounts transferred to any other pension fund, pension preservation fund, provident preservation fund or retirement annuity fund, not more than one amount contemplated in paragraph<\/a> 2(1)(b)(ii) of the Second Schedule<\/a> is allowed to be paid to the member during the period of membership of the fund or any other preservation fund-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0this paragraph applies separately to each payment or transfer to the vested component or an amount in paragraph 2<\/a>(1)(a)(ii), (b) or (c) of the Second Schedule or any unclaimed benefit as defined in the Pension Funds Act that is paid or transferred to the fund;<\/span><\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section\u00a01(1)(k)\u00a0of Act 12 of 2024effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a member shall, prior to his or her retirement date, be entitled to the payment of-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0a lump sum benefit contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule where a member-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0 \u00a0is a person who is or was a resident who emigrated from the Republic and that emigration is recognised by the South African Reserve Bank for purposes of exchange control in respect of applications for that recognition received on or before 28 February 2021 and approved by the South African Reserve Bank or an authorised dealer in foreign exchange for the delivery of the currency on or before 28 February 2022; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0 \u00a0is a person who is not a resident for an uninterrupted period of three years or longer on or after 1 March 2021; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0 \u00a0departed from the Republic at the expiry of a visa obtained for the purposes of-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(AA)\u00a0\u00a0working as contemplated in paragraph (i) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002); or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(BB)\u00a0\u00a0a visit as contemplated in paragraph (b) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002), issued in terms of paragraph (b) of the proviso to section 11 of that Act by the Director-General, as defined in that Act; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0an amount from the retirement component and vested component, deemed to be paid as a lump sum benefit contemplated in paragraph 2(1)(b)(ii) of the Second Schedule, where a member\u2014<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(A)\u00a0\u00a0\u00a0 is a person who is not a resident for an uninterrupted period of three years or longer on or after 1\u00a0March 2021;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(B)\u00a0\u00a0\u00a0 departed from the Republic at the expiry of a visa obtained for the purposes of\u2014<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(AA)\u00a0\u00a0working as contemplated in paragraph (i) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002); or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(BB)\u00a0\u00a0a visit as contemplated in paragraph (b) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002), issued in terms of paragraph (b) of the proviso to section 11 of the Act by the Director-General, as defined in that Act; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(C)\u00a0\u00a0\u00a0 is a person who is or was a resident who emigrated from the Republic and that emigration is recognised by the South African Reserve Bank for purposes of exchange control in respect of application for that recognition received on or before 28\u00a0February 2021 and approved by the South African Reserve Bank or an authorised dealer in foreign exchange for the delivery of currency on or before 28\u00a0February 2022; and<\/span><\/span><\/p>\n

[Subparagraph\u00a0(ii)\u00a0amended by\u00a0section\u00a02(1)(i)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and substituted by\u00a0section\u00a01(1)(l)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0a member who has transferred a retirement interest in terms of paragraph 2<\/a>(1)(c) of the Second Schedule to this fund shall not be entitled to payment of a withdrawal benefit as contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule in respect of that transferred amount, except to the extent that it is an amount contemplated in subparagraph (ii) or a savings withdrawal benefit; and<\/span><\/span><\/p>\n

[Paragraph (c)\u00a0substituted by\u00a0section\u00a04(1)(o)\u00a0of\u00a0Act\u00a060 of 2008\u00a0and by\u00a0section\u00a07(1)(t)\u00a0of\u00a0Act\u00a017 of 2009\u00a0and amended by\u00a0section\u00a02(1)(s)\u00a0of\u00a0Act\u00a022 of 2012, by\u00a0section\u00a01(1)(n)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section\u00a01(1)(i)\u00a0of\u00a0Act\u00a020 of 2022.\u00a0Subparagraph\u00a0(iii)\u00a0substituted by\u00a0section\u00a01(1)(m)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0a member, other than a member contemplated in paragraph (a)(vi) of this proviso, will become entitled to a benefit on his or her retirement date; and<\/span><\/span><\/p>\n

[Paragraph (d)\u00a0substituted by\u00a0section 1(1)(g)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2021 and is applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0not more than one-third of the portion of the retirement interest in the vested component may be commuted for a single payment, and that the remainder, calculated together with the member\u2019s interest in the retirement component, must be paid in the form of an annuity (including a living annuity), a combination of annuities (including a combination of methods of paying the annuity) or a combination of types of annuities except where two-thirds of the member\u2019s total interest in their vested component, calculated together with the member\u2019s total interest in their retirement component does not exceed R165 000, where the member is deceased or where the member elects to transfer the retirement interest to a pension preservation fund, provident preservation fund or a retirement annuity fund: Provided that in determining the value of the retirement interest an amount calculated as follows must not be taken into account-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of a person who was a member of a provident fund or provident preservation fund and who was 55 years of age or older on 1 March 2021-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0 \u00a0\u00a0 any amount contributed to a provident fund or transferred to a provident preservation fund prior to, on and after 1 March 2021 of which that person was a member on 1 March 2021\u037e<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0 \u00a0with the addition of any other amount credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on and after 1 March 2021\u037e and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0 \u00a0any fund return, as defined in the Pension Funds Act, in relation to the contributions contemplated in subparagraph (i) or amounts credited contemplated in subparagraph (ii)\u037e or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0 \u00a0\u00a0in any other case of a person who was a member of a provident fund or a provident preservation fund on 1 March 2021-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0 \u00a0\u00a0 any amount contributed to a provident fund or transferred to a provident preservation fund prior to 1 March 2021\u037e<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0 \u00a0with the addition of any other amounts credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund as a result of the value of the member\u2019s individual account or minimum individual reserve on 1 March 2021\u037e and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0any fund return, as defined in the Pension Funds Act, in relation to the contributions or transfers contemplated in subparagraph (i) or amounts credited contemplated in subparagraph (ii),<\/span><\/span><\/p>\n

\u00a0<\/p>\n

reduced proportionally by an amount permitted to be deducted in terms of the Pension Funds Act from the member\u2019s individual account or minimum individual reserve of the provident fund or the provident preservation fund prior to, on or after 1 March 2021: Provided further that in the case where the remaining balance is utilised to provide or purchase more than one annuity, the amount utilised to provide or purchase each annuity must exceed R165 000\u037e<\/p>\n

[Paragraph (e)\u00a0substituted by\u00a0section\u00a04(1)(p)\u00a0of\u00a0Act\u00a060 of 2008(section\u00a04(1)(zJ)\u00a0of\u00a0Act\u00a031 of 2013\u00a0substituted by\u00a0section\u00a0119(1)(b)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and deleted by\u00a0section\u00a0143(1)(a)\u00a0and\u00a0section\u00a0155(1)\u00a0of\u00a0Act\u00a025 of 2015\u00a0respectively), by\u00a0section\u00a03(1)(s)\u00a0of\u00a0Act\u00a025 of 2015(section\u00a03(1)(t)\u00a0of\u00a0Act\u00a025 of 2015\u00a0deleted by\u00a0section\u00a03(1)(a)\u00a0of\u00a0Act\u00a02 of 2016), by\u00a0section\u00a01(1)(b)\u00a0of\u00a0Act\u00a02 of 2016(as substituted by\u00a0section\u00a097(1)(a)\u00a0of\u00a0Act\u00a017 of 2017, by\u00a0section\u00a0110(1)(a)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and by\u00a0section\u00a075(1)\u00a0of\u00a0Act\u00a023 of 2020), by\u00a0section\u00a04(1)(h)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and amended by\u00a0section\u00a01(1)(n)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

: Provided further that-<\/span><\/p>\n

\u00a0<\/p>\n

(i) \u00a0 \u00a0 \u00a0the rules of a pension fund that is doing the business of a preservation fund as prescribed by the Commissioner from time to time must be submitted to the Commissioner for approval in terms of the provisions of this definition before 30 September 2010; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii) \u00a0 \u00a0 the rules of a pension fund contemplated in paragraph (i) that are submitted before 30 September 2010 are deemed to have been approved under this definition with effect from the date that the rules are submitted until the date that the Commissioner notifies the fund of its status under this definition;<\/span><\/p>\n

\u00a0<\/p>\n

Provided further that the Commissioner may approve a fund in respect of any year of assessment, if the Commissioner is satisfied that the rules of the fund provide for the creation of the \u201csavings component\u201d<\/a>, \u201cretirement component\u201d<\/a> and \u201cvested component\u201d<\/a> as defined in\u00a0section\u00a01<\/a>;<\/span><\/p>\n

[Definition of \u201cpension preservation fund\u201d inserted by\u00a0section\u00a02(1)(v)\u00a0of\u00a0Act\u00a03 of 2008\u00a0and amended by\u00a0section\u00a04(1)(q)\u00a0of\u00a0Act\u00a060 of 2008, by\u00a0section\u00a06(1)(u)\u00a0of\u00a0Act\u00a07 of 2010, by\u00a0section\u00a07(1)(zA)\u00a0of\u00a0Act\u00a024 of 2011, by\u00a0section\u00a04(1)(zG)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and by\u00a0section\u00a01(1)(o)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Pension preservation fund\" definition of section 1 of ITA","collection_order":94,"collection":597,"post_modified":"2024-09-06 09:17:56","post_date":"2015-04-01 12:28:52"},{"ID":"182","post_content":"

permanent establishment\u201d<\/strong> means a permanent establishment as defined from time to time in Article 5 of the Model Tax Convention on Income and on Capital of the Organisation for Economic Co-operation and Development;<\/p>\n

<\/p>\n

: Provided that in determining whether a qualifying investor in relation to a partnership, trust or foreign partnership has a permanent establishment in the Republic, any act of that partnership, trust or foreign partnership in respect of any financial instrument must not be ascribed to that qualifying investor.<\/p>\n","post_title":"\"Permanent establishment\" definition of section 1 of ITA","collection_order":95,"collection":597,"post_modified":"2019-08-14 14:32:24","post_date":"2015-04-01 12:28:52"},{"ID":"184","post_content":"

\u201cperson\u201d<\/strong> includes-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an insolvent estate;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the estate of a deceased person;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any trust; and<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any portfolio of a collective investment scheme,<\/span><\/p>\n

<\/p>\n

but does not include a foreign partnership;<\/p>\n","post_title":"\"Person\" definition of section 1 of ITA","collection_order":96,"collection":597,"post_modified":"2019-08-14 14:32:36","post_date":"2015-04-01 12:28:52"},{"ID":"186","post_content":"

\u201cportfolio of a collective investment scheme\u201d<\/strong> means any-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 portfolio of a collective investment scheme in participation bonds;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 portfolio of a collective investment scheme in property;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 portfolio of a collective investment scheme in securities; or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 portfolio of a declared collective investment scheme;<\/span><\/p>\n","post_title":"\"Portfolio of a collective investment scheme\" definition of section 1 of ITA","collection_order":97,"collection":597,"post_modified":"2019-08-14 14:32:45","post_date":"2015-04-01 12:28:52"},{"ID":"188","post_content":"

\u201cportfolio of a collective investment scheme in participation bonds\u201d <\/strong>means any portfolio comprised in any collective investment scheme in participation bonds contemplated in Part VI of the Collective Investment Schemes Control Act managed or carried on by any company registered as a manager under and for the purposes of that Part;<\/p>\n","post_title":"\"Portfolio of a collective investment scheme in participation bonds\" definition of section 1 of ITA","collection_order":98,"collection":597,"post_modified":"2019-08-14 14:32:50","post_date":"2015-04-01 12:28:52"},{"ID":"190","post_content":"

\u201cportfolio of a collective investment scheme in property\u201d<\/strong> means any portfolio comprised in any collective investment scheme in property contemplated in Part V of the Collective Investment Schemes Control Act managed or carried on by any company registered as a manager under section 51 of that Act for the purposes of that Part;<\/p>\n","post_title":"\"Portfolio of a collective investment scheme in property\" definition of section 1 of ITA","collection_order":99,"collection":597,"post_modified":"2019-08-14 14:32:58","post_date":"2015-04-01 12:28:52"},{"ID":"192","post_content":"

\u201cportfolio of a collective investment scheme in securities\u201d<\/strong> means any portfolio comprised in any collective investment scheme in securities contemplated in Part IV of the Collective Investment Schemes Control Act managed or carried on by any company registered as a manager under section 42 of that Act for the purposes of that Part;<\/p>\n","post_title":"\"Portfolio of a collective investment scheme in securities\" definition of section 1 of ITA","collection_order":100,"collection":597,"post_modified":"2019-08-14 14:33:05","post_date":"2015-04-01 12:28:52"},{"ID":"194","post_content":"

\u201cportfolio of a declared collective investment scheme\u201d<\/strong> means any portfolio comprised in any declared collective investment scheme contemplated in Part VII of the Collective Investment Schemes Control Act managed or carried on by any company registered as a manager under section 64 of that Act for the purposes of that Part;<\/p>\n","post_title":"\"Portfolio of a declared collective investment scheme\" definition of section 1 of ITA","collection_order":101,"collection":597,"post_modified":"2019-08-14 14:33:12","post_date":"2015-04-01 12:28:52"},{"ID":"22522","post_content":"

\u201cportfolio of a hedge fund collective investment scheme\u201d\u00a0<\/strong>means any portfolio held by any hedge fund business that qualifies as a declared collective investment scheme in terms of\u00a0section 63\u00a0of the Collective Investment Schemes Control Act;<\/p>\n

[Definition of \u201cportfolio of a hedge fund collective investment scheme\u201d inserted by\u00a0section\u00a04(1)(zL)\u00a0of\u00a0Act\u00a031 of 2013\u00a0effective on the date on which the Minister, in accordance with\u00a0section\u00a063\u00a0of the Collective Investment Schemes Control Act, declares a hedge fund business, in which a portfolio is held, to be a collective investment scheme: 1\u00a0April, 2015]<\/span><\/p>\n","post_title":"\"Portfolio of a hedge fund collective investment scheme\" definition of section 1 of ITA","collection_order":102,"collection":597,"post_modified":"2021-03-30 11:07:01","post_date":"2021-03-30 10:58:51"},{"ID":"196","post_content":"

\u201cpost\u2013<\/em>1973 gold mine\u201d<\/strong> means an independent workable proposition in respect of which the State President or the Minister of Mines has, after 1 January, 1974, on the recommendation of the Mining Leases Board signified in writing his decision to grant a lease of the right to mine for gold, and includes any other gold mine which, in the opinion of the Government Mining Engineer, is an independent workable proposition which was established as such after the said date;<\/p>\n","post_title":"\"Post-1973 gold mine\" definition of section 1 of ITA","collection_order":103,"collection":597,"post_modified":"2019-08-14 14:33:17","post_date":"2015-04-01 12:28:32"},{"ID":"198","post_content":"

\u201cpost-1990 gold mine\u201d<\/strong> means a gold mine-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 which, in the opinion of the Director-General: Mineral and Energy Affairs, is an independent workable proposition and in respect of which a mining authorisation for gold mining was issued for the first time after 14 March 1990 in terms of the Minerals Act, 1991 (Act No. 50 of 1991); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0for which a mining permit or mining right for gold mining (other than a mining permit or mining right issued on conversion of an old order mining right as defined in paragraph 1 of Schedule II to the Mineral and Petroleum Resources Development Act) was issued for the first time on or after 1 May 2004 in terms of that Act;<\/span><\/p>\n

[Definition of \u201cpost\u2013<\/em>1990 gold mine\u201d inserted by section 2 of Act 101 of 1990, amended by section 2 of Act 141 of 92 and substituted by section 1 of Act 43 of 2014 effective on 1 May 2004]<\/span><\/p>\n","post_title":"\"Post-1990 gold mine\" definition of section 1 of ITA","collection_order":104,"collection":597,"post_modified":"2019-08-14 14:33:28","post_date":"2015-03-31 13:45:43"},{"ID":"200","post_content":"

\u201cprescribed\u201d<\/strong> means prescribed or deemed to be prescribed by or under this Act;<\/p>\n","post_title":"\"Prescribed\" definition of section 1 of ITA","collection_order":105,"collection":597,"post_modified":"2019-08-14 14:33:34","post_date":"2015-04-01 12:28:31"},{"ID":"202","post_content":"

\u201cprescribed rate\u201d<\/strong> in relation to any interest payable in terms of this Act, means for the purposes of \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 interest payable to any taxpayer under the provisions of section 8<\/a>9quat<\/a>(4), a rate determined at four percentage points below the rate contemplated in paragraph (b); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any other provision of this Act, such rate as the Minister may from time to time fix by notice in the Gazette<\/em> in terms of section 80(1)(b) of the Public Finance Management Act, 1999 (Act No. 1 of 1999): Provided that where the Minister fixes a new rate in terms of that Act, that new rate applies for purposes of this Act from the first day of the second month following the date on which that new rate came into operation;<\/span><\/p>\n","post_title":"\"Prescribed rate\" definition of section 1 of ITA","collection_order":106,"collection":597,"post_modified":"2019-08-14 14:33:49","post_date":"2015-04-01 12:28:31"},{"ID":"204","post_content":"

\u201cprovident fund\u201d\u00a0<\/strong>means\u2014<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0any provident fund established by law;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any provident fund established for the benefit of the employees of any municipality or of any local authority (as defined in the definition of \u201clocal authority\u201d in this section prior to the coming into operation of section 3(1)(h) of the Revenue Laws Amendment Act, 2006 (Act 20 of 2006), that was established prior to the date that section so came into operation); or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any fund contemplated in subparagraph (b), which includes as members employees of any municipal entity created in accordance with the provisions of the Municipal Systems Act, 2000 (Act 32 of 2000), over which one or more municipalities or local authorities (as defined in section 1 prior to the coming into operation of section 3(1)(h) of the Revenue Laws Amendment Act, 2006, and that was established prior to the date that section so came into operation) exercise ownership control as contemplated by that Act, where such fund was established\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0on or before 14 November 2000, and such employees were employees of a local authority (as defined in section 1 prior to the coming into operation of section 3(1)(h) of the Revenue Laws Amendment Act, 2006, and that was established prior to the date that section so came into operation) immediately prior to becoming employees of such municipal entity; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0after 14 November 2000, and such fund has been approved by the Commissioner subject to such limitations, conditions and requirements as contemplated in paragraph (c) of the definition of \u201cprovident fund\u201d; and<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0any fund (other than a pension fund, pension preservation fund, provident preservation fund, benefit fund or retirement annuity fund) which is approved by the Commissioner in respect of the year of assessment in question and, in the case of any such fund established on or after 1 July 1986, is registered under the provisions of the Pension Funds Act:<\/span><\/p>\n

\u00a0<\/p>\n

Provided that the Commissioner may approve a fund subject to such limitations or conditions as he may determine, and shall not approve a fund in respect of any year of assessment unless he is in respect of that year of assessment satisfied-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that the fund is a permanent fund bona fide established solely for the purpose of providing benefits for employees on retirement date or solely for the purpose of providing annuities for the dependants or nominees of deceased employees or deceased former employees or solely for a combination of such purposes or mainly for the said purpose and also for the purpose of providing benefits other than annuities for the persons aforesaid or for the purpose of providing any benefit contemplated in the definition of \u201csavings withdrawal benefit\u201d, paragraph 2C<\/a> of the Second Schedule or section 15A or 15E of the Pension Funds Act; and<\/span><\/span><\/p>\n

[Paragraph (i)(previously\u00a0paragraph (a)) substituted by\u00a0section 2(f)\u00a0of\u00a0Act 21 of 1995, by\u00a0section\u00a04(1)(s)\u00a0of\u00a0Act\u00a060 of 2008, by\u00a0section\u00a04(1)(zN)\u00a0of\u00a0Act\u00a031 of 2013(section\u00a04(1)(zO)\u00a0of\u00a0Act\u00a031 of 2013\u00a0deleted by\u00a0section\u00a0143(1)(a)\u00a0of\u00a0Act\u00a025 of 2015), by\u00a0section\u00a02(1)(h)\u00a0of\u00a0Act 17 of 2017\u00a0effective on 1\u00a0March, 2018 and applicable in respect of years of assessment commencing on or after that date and by\u00a0section\u00a01(1)(c)\u00a0of\u00a0Act\u00a02 of 2016(as substituted by\u00a0section\u00a075(1)\u00a0of\u00a0Act\u00a023 of 2020) effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date (effective date in\u00a0section\u00a01(2)\u00a0of\u00a0Act\u00a02 of 2016\u00a0substituted by\u00a0section\u00a097(1)(b)\u00a0of\u00a0Act\u00a017 of 2017\u00a0and by\u00a0section\u00a0110(1)(b)\u00a0of\u00a0Act\u00a023 of 2018) and by\u00a0section\u00a01(1)(p)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that the rules of the fund provide\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0that all annual contributions of a recurrent nature to the fund shall be in accordance with specified scales;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0that membership of the fund throughout the period of employment shall be a condition of the employment by the employer of all persons of the class or classes specified therein who enter the employment of the employer on or after the date upon which-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0 the fund comes into operation; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0 the employer becomes a participant in that fund;<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0that person who immediately prior to the said date were employed by the employer and who on the said date fall within the said class or classes may, on application made, be permitted to become members of the fund on such conditions as may be specified in the rules;<\/span><\/p>\n

\u00a0<\/p>\n

(dd)\u00a0\u00a0\u00a0that not more than one-third of the portion of the retirement interest that exists in an employee\u2019s interest may be commuted for a single payment, and that the remainder calculated together with the employee\u2019s interest in the retirement component must be paid in the form of an annuity (including a living annuity), a combination of annuities (including a combination of methods of paying the annuity) or a combination of types of annuities except where two-thirds of the employee\u2019s retirement interest in the vested component, calculated together with the employee\u2019s interest in the retirement component, does not exceed R165 000, where the employee is deceased or where the employee elects to transfer the retirement interest to a pension preservation fund, provident preservation fund or a retirement annuity fund: Provided that in determining the value of the retirement interest an amount calculated as follows must not be taken into account-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a person who is or was a member of a provident fund or provident preservation fund and who is or was 55 years of age or older on 1 March 2021-<\/span><\/p>\n

\u00a0<\/p>\n

(AA) \u00a0any amount contributed to a provident fund or transferred to provident preservation fund prior to, on and after 1 March 2021 of which that person is or was a member on 1 March 2021\u037e<\/span><\/p>\n

\u00a0<\/p>\n

(BB) \u00a0with the addition of any other amount credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on and after 1 March 2021\u037e and<\/span><\/p>\n

\u00a0<\/p>\n

(CC)\u00a0\u00a0any fund return, as defined in the Pension Funds Act, in relation to the contributions or transfers contemplated in subparagraph (AA) or amounts credited contemplated in subparagraph (BB);<\/span><\/span><\/p>\n

[Subparagraph (CC) substituted by\u00a0section 1(1)(h)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2022 and is applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0in any other case of a person who is or was a member of a provident fund or provident preservation fund on 1 March 2021-<\/span><\/p>\n

\u00a0<\/p>\n

(AA) \u00a0any amount contributed to a provident fund or transferred to a provident preservation fund prior to 1 March 2021\u037e<\/span><\/p>\n

\u00a0<\/p>\n

(BB) \u00a0with the addition of any other amounts credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund as a result of the value of the member\u2019s individual account or minimum individual reserve on 1 March 2021\u037e and<\/span><\/p>\n

\u00a0<\/p>\n

(CC)\u00a0\u00a0any fund return, as defined in the Pension Funds Act, in relation to the contributions or transfers contemplated in subparagraph (AA) or amounts credited contemplated in subparagraph (BB);<\/span><\/span><\/p>\n

[Subparagraph (CC) substituted by\u00a0section 1(1)(i)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2022 and is applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

reduced proportionally by an amount permitted in terms of the Pension Funds Act to be deducted from the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on and after 1 March 2021: Provided further that in the case where the remaining balance is utilised to provide or purchase more than one annuity, the amount utilised to provide or purchase each annuity must exceed R165 000\u037e<\/p>\n

[Subparagraph\u00a0(dd) substituted by\u00a0section\u00a04(1)(i)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and amended by\u00a0section\u00a01(1)(q)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(ee)\u00a0\u00a0\u00a0that the employee may elect to transfer the withdrawal interest to a pension fund established by the same employer or a pension fund in which that employer participates;<\/span><\/p>\n

\u00a0<\/p>\n

(ff)\u00a0\u00a0\u00a0\u00a0\u00a0that a partner of a partnership is regarded as an employee of the partnership; and<\/span><\/p>\n

\u00a0<\/p>\n

\u00a0<\/p>\n

(gg)\u00a0\u00a0\u00a0that an employee who has transferred a retirement interest in terms of paragraphs 2<\/a>(1)(c) and 6A<\/a>(d) of the Second Schedule<\/a> to this fund shall not be entitled to payment of a withdrawal benefit as contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule<\/a> in respect of that transferred amount; and<\/span><\/p>\n

[Subparagraph (gg) added by\u00a0section\u00a01(1)(j)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect from 1\u00a0March, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

[Paragraph (ii) (previously\u00a0paragraph (b)) substituted by\u00a0section\u00a02(1)(f)\u00a0of\u00a0Act 94 of 1983 and by\u00a0section\u00a01(1)(p)\u00a0of\u00a0Act 23 of 2018, amended by\u00a0section\u00a01(1)(q)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and substituted by\u00a0section\u00a02(1)(e)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and by\u00a0section\u00a01(1)(c)\u00a0of\u00a0Act\u00a02 of 2016, as substituted by\u00a0section\u00a097(1)(a)\u00a0of\u00a0Act\u00a017 of 2017, by\u00a0section\u00a0110(1)(a)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and by\u00a0section\u00a075(1)\u00a0of\u00a0Act\u00a023 of 2020 effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0that the rules of the fund have been complied with:<\/span><\/p>\n

[Paragraph (iii) (previously\u00a0paragraph (c)) substituted by\u00a0section\u00a01(1)(c)\u00a0of\u00a0Act\u00a02 of 2016 and substituted by\u00a0section\u00a097(1)(a)\u00a0of\u00a0Act\u00a017 of 2017, by\u00a0section\u00a0110(1)(a)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and by\u00a0section\u00a075(1)\u00a0of\u00a0Act\u00a023 of 2020 effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

Provided further that a fund contemplated in paragraph (i) of the further proviso to the definition of \u201cprovident preservation fund\u201d which is deemed to be approved or which is approved in terms of that definition or which fails to submit its rules as required by that paragraph is deemed effective on the earlier of the date of the deemed approval or 30 September 2010 to be a fund which is not approved in terms of this definition: Provided further that the Commissioner may recognise a fund contemplated in paragraph (a), (b) or (c) in respect of any year of assessment if the Commissioner is satisfied that the rules of the fund provide that in determining the value of retirement interest an amount calculated as follows must not be taken into account-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of a person who was a member of a provident fund or a provident preservation fund and who was 55 years of age or older on 1 March 2021-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0any amount contributed to a provident fund or transferred to a provident preservation fund prior to, on or after 1 March 2021 of which that person was a member on 1 March 2021;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 with the addition of any other amounts credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on or after 1 March 2021; and<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0where applicable, any fund return, as defined in the Pension Funds Act, in relation to the contributions or transfers contemplated in subparagraph (aa) or amounts credited contemplated in subparagraph (bb); or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in any other case of a person who was a member of a provident fund or a provident preservation fund on 1 March 2021-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0any amount contributed to a provident fund or transferred to a provident preservation fund prior to 1 March 2021;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0with the addition of any other amounts credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund as a result of the value of the member\u2019s individual account or minimum individual reserve on 1 March 2021; and<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0where applicable, any fund return, as defined in the Pension Funds Act, in relation to the contributions or transfers contemplated in subparagraph (aa) or amounts credited contemplated in subparagraph (bb),<\/span><\/p>\n

\u00a0<\/p>\n

where applicable, reduced proportionally by any amount permitted to be deducted in terms of the Pension Funds Act from the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on or after 1 March 2021;<\/p>\n

\u00a0<\/p>\n

Provided further that the Commissioner may approve or recognise a fund contemplated in-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0paragraph (a), (b), (c) or (d) in respect of any year of assessment, if the Commissioner is satisfied that the rules of the fund provide\u2014<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0for the creation of the \u201csavings component\u201d<\/a>, \u201cretirement component\u201d<\/a> and \u201cvested component\u201d<\/a> as defined in section 1<\/a>;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0that an employee shall, prior to his or her retirement date, be entitled to the payment of an amount from the retirement component, deemed to be paid as a lump sum benefit contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule, where a member\u2014<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(AA)\u00a0 is a person who is not a resident for an uninterrupted period of three years or longer on or after 1\u00a0March 2021; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(BB)\u00a0 departed from the Republic at the expiry of a visa obtained for the purposes of-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(AAA) working as contemplated in paragraph (i) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002); or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(BBB) a visit as contemplated in paragraph (b) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002), issued in terms of paragraph (b) of the proviso to section 11 of the Act by the Director-General, as defined in that Act; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0paragraph (a), (b) or (c) in respect of any year of assessment, if the Commissioner is satisfied that the rules of the fund provide that not more than one-third of an employee\u2019s interest in the vested component may be commuted for a single payment and that the remainder, calculated together with the member\u2019s interest in the retirement component, must be paid in the form of an annuity (including a living annuity), a combination of annuities (including a combination of methods of paying the annuity) or a combination of types of annuities except where two-thirds of the employee\u2019s interest in the vested component, calculated together with the employee\u2019s interest in the retirement component, does not exceed R165 000, where the employee is deceased or where the employee elects to transfer the retirement interest to a pension preservation fund, provident fund or retirement annuity fund;<\/span><\/span><\/p>\n

[Definition of \u201cprovident fund\u201d amended by\u00a0section\u00a02(1)(d)\u00a0of\u00a0Act\u00a065 of 1986, by\u00a0section\u00a04(1)(r)\u00a0and\u00a0(t)\u00a0of\u00a0Act\u00a060 of 2008, by\u00a0section\u00a06(1)(z)\u00a0of\u00a0Act\u00a07 of 2010, by\u00a0section\u00a04(1)(zM)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section\u00a03(1)(u)\u00a0of\u00a0Act\u00a025 of 2015(as substituted by\u00a0section\u00a074(1)(d)\u00a0of\u00a0Act\u00a023 of 2020), by\u00a0section\u00a01(1)(j)\u00a0of\u00a0Act\u00a020 of 2022\u00a0and by\u00a0section\u00a01(1)(r)\u00a0of Act 12 of 2024effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Provident fund\" definition of section 1 of ITA","collection_order":107,"collection":597,"post_modified":"2024-09-06 09:32:29","post_date":"2015-03-31 13:52:00"},{"ID":"206","post_content":"

\u201cprovident preservation fund\u201d<\/strong> means a pension fund organisation which is registered under the Pension Funds Act and which is approved by the Commissioner in respect of the year of assessment in question : Provided that the Commissioner may approve a fund subject to such limitations and conditions as the Commissioner may determine, and shall not approve a fund in respect of any year of assessment unless the Commissioner is satisfied in respect of that year of assessment that the rules of the fund provide that-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 membership of the fund consists of-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0former members of any other pension fund, pension preservation fund, provident fund or provident preservation fund whose membership of that fund has terminated due to-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0resignation, retrenchment or dismissal from employment and who elected to have any lump sum benefit that is payable as a result of the termination transferred to that fund, including lump sums transferred from the member\u2019s vested component, savings component and retirement component in the previous fund to the member\u2019s savings component and retirement component in this fund;<\/span><\/span><\/p>\n

[Item\u00a0(aa)\u00a0substituted by\u00a0section\u00a01(1)(s)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb) \u00a0 the winding up or partial winding up of that fund, if the members elected or are required in terms of the rules to transfer to this fund; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(cc) \u00a0 a transfer of business from one employer to another in terms of section 197 of the Labour Relations Act, 1995 (Act No. 66 of 1995), and the employment of the employee with the transferor employer is transferred to the transferee employer, if the members elected or are required in terms of the rules to transfer to this fund;<\/span><\/p>\n

[Sub-paragraph (i)\u00a0amended by\u00a0section\u00a03(1)(w)\u00a0of\u00a0Act\u00a025 of 2015\u00a0effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date \u2013 effective date in\u00a0section\u00a03(7)\u00a0of\u00a0Act\u00a025 of 2015\u00a0substituted by\u00a0section\u00a03(1)(b)\u00a0of\u00a0Act\u00a02 of 2016\u00a0as substituted by\u00a0section\u00a098(1)\u00a0of\u00a0Act\u00a017 of 2017\u00a0and by\u00a0section\u00a0111(1)\u00a0of\u00a0Act\u00a023 of 2018]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0former members of any other pension fund, pension preservation fund, provident fund or provident preservation fund-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 if that fund was wound up or partially wound up; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0\u00a0if the member elected to have any lump sum benefit contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule transferred to this pension preservation fund and who made this election while they were members of that other fund, including lump sums transferred from the member\u2019s vested component, savings component and retirement component in the previous fund to the member\u2019s savings component and retirement component in this fund; or<\/span><\/span><\/p>\n

[Item\u00a0(bb)\u00a0substituted by\u00a0section\u00a07(1)(w)\u00a0of\u00a0Act\u00a017 of 2009\u00a0and by\u00a0section\u00a01(1)(t)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0[Subparagraph\u00a0(ii)\u00a0amended by\u00a0section\u00a03(1)(x)\u00a0of\u00a0Act\u00a025 of 2015\u00a0effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date (effective date in\u00a0section\u00a03(7)\u00a0of\u00a0Act\u00a025 of 2015\u00a0substituted by\u00a0section\u00a03(1)(b)\u00a0of\u00a0Act\u00a02 of 2016\u00a0as substituted by\u00a0section\u00a098(1)\u00a0of\u00a0Act\u00a017 of 2017\u00a0and by\u00a0section\u00a0111(1)\u00a0of\u00a0Act\u00a023 of 2018)<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/p>\n

[Sub-paragraph (iii) substituted by section 7(1)(zF) of Act 24 of 2011, by section 4(1)(zQ) of Act 31 of 2013 and by section 1(1)(r) of Act 23 of 2018 and deleted by section 2(1)(k) of Act 23 of 2020 effective on 1 March, 2021]<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0a person who has elected to transfer an amount awarded to that person in terms of a court order contemplated in section 7(8) of the Divorce Act, 1979 (Act 70 of 1979), from a pension fund, pension preservation fund, provident fund or provident preservation fund for the benefit of that person;<\/span><\/p>\n

[Sub-paragraph (iv)\u00a0amended by\u00a0section\u00a01(1)(r)\u00a0of\u00a0Act 23 of 2018\u00a0and substituted by\u00a0section\u00a02(1)(l)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021]<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0former members of a pension fund, pension preservation fund, provident fund or provident preservation fund who have elected to have a lump sum benefit contemplated in paragraph 2<\/a>(1)(c) of the Second Schedule transferred to this provident preservation fund and who made the election while they were members of that other fund, including lump sums transferred from the member\u2019s vested component, savings component and retirement component in the previous fund to the member\u2019s savings component and retirement component in this fund; or<\/span><\/span><\/p>\n

[Subparagraph (v)\u00a0added by\u00a0section\u00a01(1)(r)\u00a0of\u00a0Act 23 of 2018\u00a0and substituted by\u00a0section\u00a02(1)(l)\u00a0of\u00a0Act\u00a023 of 2020, by\u00a0section\u00a04(1)(j)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and by\u00a0section\u00a01(1)(u)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(vi)\u00a0\u00a0\u00a0\u00a0former members of a pension fund, pension preservation fund, provident fund or provident preservation fund or nominees or dependants of that former member in respect of whom an \u201cunclaimed benefit\u201d as defined in section 1 of the Pension Funds Act and as contemplated in section 37C<\/a>(1)(c) of the said Act is due or payable by that fund;<\/span><\/p>\n

[Subparagraph\u00a0(vi)\u00a0added by\u00a0section\u00a02(1)(m)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and substituted by\u00a0section\u00a01(1)(k)\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0payments or transfers to the fund in respect of a member are limited to any amount allocated to the vested component, savings component or retirement component or an amount contemplated in paragraph 2<\/a>(1)(a)(ii), (b) or (c) of the Second Schedule or any unclaimed benefit as defined in the Pension Funds Act that is paid or transferred to the fund by-<\/span><\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 7 of Act 24 of 2011, section 4(1)(zR) of Act 31 of 2013 and section 1(1)(s) of Act 23 of 2018 effective on 1 March 2019]<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a pension fund, pension preservation fund, provident fund or provident preservation fund of which that member was previously a member; or<\/span><\/p>\n

[Sub-paragraph (i)\u00a0substituted by\u00a0section\u00a03(1)(y)\u00a0of\u00a0Act\u00a025 of 2015\u00a0effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date \u2013 effective date in\u00a0section\u00a03(7)\u00a0of\u00a0Act\u00a025 of 2015\u00a0substituted by\u00a0section\u00a03(1)(b)\u00a0of\u00a0Act\u00a02 of 2016\u00a0as substituted by\u00a0section\u00a098(1)\u00a0of\u00a0Act\u00a017 of 2017\u00a0and by\u00a0section\u00a0111(1)\u00a0of\u00a0Act\u00a023 of 2018]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a pension fund, pension preservation fund, provident fund or provident preservation fund of which such member\u2019s former spouse is or was previously a member and such payment or transfer was made pursuant to an election by such member in terms of section 37D(4)(b)(ii) of the Pension Funds Act;<\/span><\/p>\n

[Sub-paragraph (ii)\u00a0substituted by\u00a0section\u00a07(1)(y)\u00a0of\u00a0Act\u00a017 of 2009, by\u00a0section\u00a04(1)(zS)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and by\u00a0section\u00a02(1)(j)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021]<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a04(1)(u)\u00a0of\u00a0Act\u00a060 of 2008\u00a0and amended by\u00a0section\u00a07(1)(x)\u00a0of\u00a0Act\u00a017 of 2009, by\u00a0section\u00a07(1)(zG)\u00a0of\u00a0Act\u00a024 of 2011, by\u00a0section\u00a04(1)(zR)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section\u00a01(1)(s)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section\u00a01(1)(v)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 with the exception of amounts transferred to any pension fund, pension preservation fund, other provident fund, provident preservation fund or retirement annuity fund, not more than one amount contemplated in paragraph 2(1)(b)(ii) of the Second Schedule is allowed to be paid to the member during the period of membership of the fund or any other pension preservation fund: Provided that this paragraph applies separately to each payment or transfer to the fund contemplated in paragraph (b): : Provided that-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0this paragraph applies separately to each payment or transfer to the vested component or an amount contemplated in paragraph 2<\/a>(1)(a)(ii), (b) or (c) of the Second Schedule or any \u201cunclaimed benefit\u201d as defined in the Pension Funds Act that is paid or transferred to the fund;<\/span><\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section\u00a01(1)(w)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a member shall, prior to his or her retirement date, be entitled to the payment of-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0a lump sum benefit contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule where a member-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0 \u00a0is a person who is or was a resident who emigrated from the Republic and that emigration is recognised by the South African Reserve Bank for purposes of exchange control in respect of applications for that recognition received on or before 28 February 2021 and approved by the South African Reserve Bank or an authorised dealer in foreign exchange for the delivery of the currency on or before 28 February 2022;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0 \u00a0is a person who is not resident for an uninterrupted period of three years or longer on or after 1 March 2021; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0departed from the Republic at the expiry of a visa obtained for the purposes of-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(AA)\u00a0\u00a0working as contemplated in paragraph (i) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002); or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(BB)\u00a0\u00a0a visit as contemplated in paragraph (b) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002), issued in terms of paragraph (b) of the proviso to section 11 of the Act by the Director-General, as defined in that Act;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0an amount from the retirement component or vested component, deemed to be paid as a lump sum benefit contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule, where a member-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(A)\u00a0\u00a0\u00a0 is a person who is not a resident for an uninterrupted period of three years or longer on or after 1\u00a0March 2021; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(B)\u00a0\u00a0\u00a0 departed from the Republic at the expiry of a visa obtained for the purposes of-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(AA)\u00a0\u00a0working as contemplated in paragraph (i) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002); or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(BB)\u00a0\u00a0a visit as contemplated in paragraph (b) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002), issued in terms of paragraph (b) of the proviso to section 11 of the Act by the Director-General, as defined in that Act; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(C)\u00a0\u00a0\u00a0 is a person who is or was a resident who emigrated from the Republic and that emigration is recognised by the South African Reserve Bank for purposes of exchange control in respect of application for that recognition received on or before 28\u00a0February 2021 and approved by the South African Reserve Bank or an authorised dealer in foreign exchange for the delivery of currency on or before 28\u00a0February 2022; and<\/span><\/span><\/p>\n

[Subparagraph\u00a0(ii)\u00a0amended by\u00a0section\u00a02(1)(n)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and substituted by\u00a0section\u00a01(1)(x)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0a member who has transferred a retirement interest in terms of paragraph 2<\/a>(1)(c) of the Second Schedule to this fund shall not be entitled to payment of a withdrawal benefit as contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule in respect of that transferred amount, except to the extent that it is an amount contemplated in subparagraph (ii) or a savings withdrawal benefit; and<\/span><\/span><\/p>\n

[Subparagraph (iii)\u00a0substituted by\u00a0section\u00a01(1)(y)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

[Paragraph (c)\u00a0substituted by\u00a0section\u00a04(1)(u)\u00a0of\u00a0Act\u00a060 of 2008, by\u00a0section\u00a07(1)(z)\u00a0of\u00a0Act\u00a017 of 2009, amended by\u00a0section\u00a02(1)(u)\u00a0of\u00a0Act\u00a022 of 2012(section\u00a04(1)(zT)\u00a0of\u00a0Act\u00a031 of 2013\u00a0deleted by\u00a0section\u00a0143(1)(a)\u00a0of\u00a0Act\u00a025 of 2015) and by\u00a0section\u00a01(1)(t)\u00a0of\u00a0Act 23 of 2018\u00a0effective on 1\u00a0March, 2019]<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0a member, other than a member contemplated in paragraph (a)(vi) of this proviso, will become entitled to a benefit on his or her retirement date:<\/span><\/span><\/p>\n

[Paragraph (d)\u00a0substituted by\u00a0section 1(1)(k)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0not more than one-third of the portion of the member\u2019s interest in the vested component immediately prior to 1 September 2024 may be commuted for a single payment, and that the remainder, calculated together with the member\u2019s interest in the retirement component, must be paid in the form of an annuity (including a living annuity), a combination of annuities (including a combination of methods of paying the annuity) or a combination of types of annuities except where two-thirds of the member\u2019s total interest in their vested component, calculated together with the member\u2019s total interest in their retirement component, does not exceed R165 000, where the member is deceased or where the member elects to transfer the retirement interest to a pension preservation fund, a provident preservation fund or a retirement annuity fund: Provided that in determining the value of the retirement interest an amount calculated as follows must not be taken into account:<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of a person who is or was a member of a provident fund or provident preservation fund and who is or was 55 years of age or older on 1 March 2021\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0 \u00a0any amount contributed to a provident fund or transferred to a provident preservation fund prior to, on and after 1 March 2021 of which that person is or was a member on 1 March 2021\u037e<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0with the addition of any other amount credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on and after 1 March 2021\u037e and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0any fund return, as defined in the Pension Funds Act, in relation to the contributions or transfers contemplated in subparagraph (i) or amounts credited contemplated in subparagraph (ii)\u037e<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in any other case of a person who is or was a member of a provident fund or provident preservation fund on 1 March 2021-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount contributed to a provident fund or transferred to a provident preservation fund prior to 1 March 2021\u037e<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0with the addition of any other amounts credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund as a result of the value of the member\u2019s individual account or minimum individual reserve on 1 March 2021\u037e and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0any fund return, as defined in the Pension Funds Act, in relation to the contributions or transfers contemplated in subparagraph (i) or amounts credited contemplated in subparagraph (ii),<\/span><\/p>\n

\u00a0<\/p>\n

reduced proportionally by an amount permitted in terms of the Pension Funds Act to be deducted from the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on and after 1 March 2021: Provided further that in the case where the remaining balance is utilized to provide or purchase more than one annuity, the amount utilised to provide or purchase each annuity must exceed R165\u00a0000:<\/span><\/p>\n

[Paragraph (e)\u00a0(Addition by\u00a0section\u00a04(1)(zV)\u00a0of\u00a0Act\u00a031 of 2013\u00a0substituted by\u00a0section\u00a0119(1)(c)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and deleted by section\u00a0143(1)(a) and by\u00a0section\u00a0155(1)\u00a0of\u00a0Act\u00a025 of 2015\u00a0respectively and amendment by\u00a0section\u00a03(1)(z)\u00a0of\u00a0Act\u00a025 of 2015\u00a0deleted by\u00a0section\u00a03(1)(a)\u00a0of\u00a0Act\u00a02 of 2016) substituted by\u00a0section\u00a01(1)(d)\u00a0of\u00a0Act\u00a02 of 2016(as substituted by\u00a0section\u00a097(1)(a)\u00a0of\u00a0Act\u00a017 of 2017, by\u00a0section\u00a0110(1)(a)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and by\u00a0section\u00a075(1)\u00a0of\u00a0Act\u00a023 of 2020) and by\u00a0section\u00a04(1)(k)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and amended by\u00a0section\u00a01(1)(l)\u00a0of\u00a0Act\u00a017 of 2023\u00a0and by\u00a0section\u00a01(1)(z)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

: Provided further that-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the rules of a provident fund that is doing the business of a preservation fund as prescribed by the Commissioner from time to time must be submitted to the Commissioner for approval in terms of the provisions of this definition before 30 September 2010; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the rules of the provident fund contemplated in paragraph (i) that are submitted before 30 September 2010 are deemed to have been approved under this definition with effect from the date that the rules are submitted until the date that the Commissioner notifies the fund of its status under this definition:<\/span><\/p>\n

\u00a0<\/p>\n

\u00a0<\/p>\n

Provided further that the Commissioner may approve a fund in respect of any year of assessment, if the Commissioner is satisfied that the rules of the fund provide for the creation of the \u201csavings component\u201d<\/a>, \u201cretirement component\u201d<\/a> and \u201cvested component\u201d<\/a> as defined in\u00a0section\u00a01<\/a>;<\/span><\/p>\n

[Definition of \u201cprovident preservation fund\u201d inserted by\u00a0section\u00a02(1)(w)\u00a0of\u00a0Act\u00a03 of 2008\u00a0and amended by\u00a0section\u00a04(1)(v)\u00a0of\u00a0Act\u00a060 of 2008, by\u00a0section\u00a06(1)(zC)\u00a0of\u00a0Act\u00a07 of 2010\u00a0and by\u00a0section\u00a04(1)(zP)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and by\u00a0section\u00a01(1)(zA)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Provident preservation fund\" definition of section 1 of ITA","collection_order":108,"collection":597,"post_modified":"2024-09-06 10:01:14","post_date":"2015-04-01 12:28:31"},{"ID":"208","post_content":"

\u201cPublic Finance Management Act\u201d<\/strong> means the Public Finance Management Act, 1999 (Act No. 1 of 1999);<\/p>\n","post_title":"\"Public Finance Management Act\" definition of section 1 of ITA","collection_order":109,"collection":597,"post_modified":"2019-08-14 14:35:26","post_date":"2015-04-01 12:28:31"},{"ID":"210","post_content":"

\u201cPublic Private Partnership\u201d<\/strong> means a Public Private Partnership as defined in-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0Regulation 16 of the Treasury Regulations issued in terms of section 76 of the Public Finance Management Act; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the Municipal Public-Private Partnership Regulations made in terms of section 168 of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003);<\/span><\/p>\n

[Definition of \u201cPublic Private Partnership\u201d inserted by section 3 of Act 32 of 2004 and substituted by section 4 of Act 31 of 2013 and section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Public private partnership\" definition of section 1 of ITA","collection_order":110,"collection":597,"post_modified":"2019-08-14 14:35:32","post_date":"2015-04-01 12:28:31"},{"ID":"212","post_content":"

\u201cqualifying investor\u201d<\/strong> means a member of a partnership or foreign partnership or a beneficiary of a trust if the liability of the member or beneficiary to any creditor of the partnership, trust or foreign partnership is limited to the amount that the member or beneficiary has contributed or undertaken to contribute to the partnership, trust or foreign partnership, unless that member or beneficiary-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0participates in the effective management of the trade or business of the partnership, trust or foreign partnership;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 has the authority to act on behalf of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 the partnership or foreign partnership;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 the members of the partnership or foreign partnership; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 the trust; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0renders any services to or on behalf of the partnership, trust or foreign partnership;<\/span><\/p>\n","post_title":"\"Qualifying investor\" definition of section 1 of ITA","collection_order":111,"collection":597,"post_modified":"2019-08-14 14:35:43","post_date":"2015-03-31 14:08:30"},{"ID":"214","post_content":"

\u201cregional electricity distributor\u201d \u2026\u2026\u2026.<\/strong><\/p>\n

[Definition of \u201cregional electricity distributor\u201d inserted by section 3 of Act 20 of 2006, amended by section 4 of Act 31 of 2013 and deleted by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Regional electricity distributor\" definition of section 1 of ITA","collection_order":112,"collection":597,"post_modified":"2019-08-14 18:42:42","post_date":"2015-04-01 12:28:31"},{"ID":"216","post_content":"

\u201cregulation\u201d<\/strong> means a regulation in force under this Act;<\/p>\n","post_title":"\"Regulation\" definition of section 1 of ITA","collection_order":113,"collection":597,"post_modified":"2019-08-14 14:36:00","post_date":"2015-04-01 12:28:31"},{"ID":"225","post_content":"

\u201cREIT\u201d<\/strong> means a company-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0that is a resident; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the equity shares of which are listed\u2014<\/span><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0on an exchange (as defined in section 1 of the Financial Markets Act and licensed under section 9 of that Act); and<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0as shares in a REIT as defined in the listing requirements of that exchange approved in consultation with the Director-General of the National Treasury and published, after approval of those listing requirements by the Director-General of the National Treasury, by the appropriate authority, as contemplated in section 1 of the Financial Markets Act, in terms of section 11 of that Act or by the Financial Sector Conduct Authority;<\/span><\/span><\/p>\n

[Definition of \u201cREIT\u201d inserted by\u00a0section 2(1)(v)\u00a0of\u00a0Act\u00a022 of 2012\u00a0effective on 1\u00a0April, 2013 and applicable in respect of years of assessment commencing on or after that date.\u00a0Paragraph (b)\u00a0amended by\u00a0section 4(1)(zZ)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section 1(1)(u)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section 2(1)(f)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and substituted by\u00a0section 2(1)(o)\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n","post_title":"\"REIT\" definition of section 1 of ITA","collection_order":114,"collection":597,"post_modified":"2022-02-05 18:54:07","post_date":"2015-04-01 12:28:31"},{"ID":"221","post_content":"

\u201crelative\u201d<\/strong>\u00a0in relation to any person, means the spouse of that person or anybody related to that person or that person\u2019s spouse within the third degree of consanguinity, or any spouse of anybody so related, and for the purpose of determining the relationship between any child referred to in the definition of \u2018child\u2019 in this section and any other person, that child shall be deemed to be related to the adoptive parent of that child within the first degree of consanguinity;<\/p>\n

[Definition of \u201crelative\u201d inserted by section 4 of Act 90 of 64 and substituted by section 1 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"\"Relative\" definition of section 1 of ITA","collection_order":115,"collection":597,"post_modified":"2020-05-27 19:20:49","post_date":"2015-03-31 14:13:46"},{"ID":"223","post_content":"

\u201cremuneration proxy\u201d,<\/strong>\u00a0in relation to a year of assessment, means the remuneration, as defined in\u00a0paragraph 1<\/a>\u00a0of the Fourth Schedule<\/a>, derived by an employee from an employer during the year of assessment immediately preceding that year of assessment, other than the cash equivalent of the value of a taxable benefit derived from the occupation of residential accommodation as contemplated in subparagraph (3) of\u00a0paragraph 9<\/a>\u00a0of the Seventh Schedule<\/a> in the application of that subparagraph:\u00a0Provided that-<\/p>\n

[Words preceding the proviso substituted by section 3 of Act 25 of 2015 and section 5 of Act 15 of 2016 effective 1 March 2017 in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 where during a portion of such preceding year the employee was not in the employment of the employer or of any associated institution in relation to the employer, the remuneration proxy as respects that employee must be deemed to be an amount which bears to the amount of the employee\u2019s remuneration for the portion of such preceding year during which the employee was in such employment the same ratio as the period of 365 days bears to the number of days in such last-mentioned portion;<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 where during the whole of such preceding year, the employee was not in the employment of the employer or of any associated\u00a0 institution in relation to the employer, the remuneration proxy as respects that employee must be deemed to be an amount which\u00a0 bears to the employee\u2019s remuneration during the first month during which the employee was in the employment of the employer\u00a0 the same ratio as 365 days bears to the number of days during which the employee was in such employment;<\/span><\/p>\n","post_title":"\"Remuneration proxy\" definition of section 1 of ITA","collection_order":116,"collection":597,"post_modified":"2019-08-14 14:36:36","post_date":"2015-03-31 14:14:50"},{"ID":"227","post_content":"

\u201crepresentative taxpayer\u201d<\/strong> means a natural person who resides in the Republic and-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in respect of the income of a company, the public officer thereof, or in the event of such company being placed under business rescue in terms of Chapter 6 of the Companies Act, the business rescue practitioner;<\/span><\/p>\n

[Paragraph (a) substituted by section 1 of Act 44 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in respect of the income under his or her management, disposition or control, the agent of any person;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0in respect of income which is the subject of any trust or in respect of the income of any minor or any other person under legal disability, the trustee, guardian, curator or other person entitled to the receipt, management, disposal or control of such income or remitting or paying to or receiving moneys on behalf of such person under disability;<\/span><\/p>\n

[Paragraph (c)\u00a0substituted by\u00a0section 4\u00a0of\u00a0Act\u00a021 of 2012\u00a0and by\u00a0section 2\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 in respect of income paid under the decree or order of any court or judge to any receiver or other person, such receiver or person, whoever may be entitled to the benefit of such income, and whether or not it accrues to any person on a contingency or an uncertain event;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 in respect of the income received by or accrued to any deceased person during his lifetime and the income received by or accrued to the estate of any deceased person, the executor or administrator of the estate of such deceased person;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 in respect of the income received by or accrued to an insolvent estate, the trustee or administrator of such insolvent estate;<\/span><\/p>\n

<\/p>\n

Provided that for the purposes of this definition income includes any amount received or accrued or deemed to have been received or accrued in consequence of the disposal of any asset envisaged in the Eighth <\/a>Schedule<\/a>;<\/p>\n","post_title":"\"Representative taxpayer\" definition of section 1 of ITA","collection_order":117,"collection":597,"post_modified":"2024-09-07 21:04:24","post_date":"2015-04-01 12:28:31"},{"ID":"229","post_content":"

\u201cRepublic\u201d<\/strong> means the Republic of South Africa and, when used in a geographical sense, includes the territorial sea thereof as well as any area outside the territorial sea which has been or may be designated, under international law and the laws of South Africa, as areas within which South Africa may exercise sovereign rights or jurisdiction with regard to the exploration or exploitation of natural resources;<\/p>\n","post_title":"\"Republic\" definition of section 1 of ITA","collection_order":118,"collection":597,"post_modified":"2019-08-14 14:38:01","post_date":"2015-04-01 12:28:31"},{"ID":"231","post_content":"

\u201cresident\u201d<\/strong> means any-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 natural person who is-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0ordinarily resident in the Republic; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0not at any time during the relevant year of assessment ordinarily resident in the Republic, if that person was physically present in the Republic-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 for a period or periods exceeding 91 days in aggregate during the relevant year of assessment, as well as for a period or periods exceeding 91 days in aggregate during each of the five years of assessment preceding such year of assessment; and<\/span><\/p>\n

<\/p>\n

(bb) \u00a0 for a period or periods exceeding 915 days in aggregate during those five preceding years of assessment:<\/span><\/p>\n

<\/p>\n

in which case that person will be a resident with effect from the first day of that relevant year of assessment:<\/p>\n

<\/p>\n

Provided that-<\/span><\/p>\n

<\/p>\n

(A) \u00a0 \u00a0 a day shall include a part of a day, but shall not include any day that a person is in transit through the Republic between two places outside the Republic and that person does not formally enter the Republic through a \u2018port of entry\u2019 as contemplated in section 9(1) of the Immigration Act, 2002 (Act No. 13 of 2002), or at any other place as may be permitted by the Director General of the Department of Home Affairs or the Minister of Home Affairs in terms of that Act; and<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0 where a person who is a resident in terms of this subparagraph is physically outside the Republic for a continuous period of at least 330 full days immediately after the day on which such person ceases to be physically present in the Republic, such person shall be deemed not to have been a resident from the day on which such person so ceased to be physically present in the Republic; or<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 person (other than a natural person) which is incorporated, established or formed in the Republic or which has its place of effective management in the Republic,<\/span><\/p>\n


<\/span><\/p>\n


<\/span><\/p>\n

but does not include any person who is deemed to be exclusively a resident of another country for purposes of the application of any agreement entered into between the governments of the Republic and that other country for the avoidance of double taxation;<\/p>\n

<\/p>\n

: Provided that where any person that is a resident ceases to be a resident during a year of assessment, that person must be regarded as not being a resident from the day on which that person ceases to be a resident;<\/p>\n


<\/p>\n

: Provided further that in determining whether a person that is a foreign investment entity has its place of effective management in the Republic, no regard must be had to any activity that-<\/p>\n


<\/span><\/p>\n

(a) \u00a0 \u00a0 constitutes-<\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u00a0a financial service as defined in section 1 of the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002); or<\/span><\/p>\n

<\/p>\n

(ii) \u00a0 \u00a0 any service that is incidental to a financial service contemplated in subparagraph (i) where the incidental service is in respect of a financial product that is exempted from the provisions of that Act, as contemplated in section 1(2) of that Act; and<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 is carried on by a financial service provider as defined in section 1 of the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002), in terms of a licence issued to that financial service provider under section 8 of that Act;<\/span><\/p>\n","post_title":"\"Resident\" definition of section 1 of ITA","collection_order":119,"collection":597,"post_modified":"2019-11-10 20:49:06","post_date":"2015-04-01 12:28:31"},{"ID":"233","post_content":"

\u201cresidential unit\u201d<\/strong> means a building or self-contained apartment mainly used for residential accommodation, unless the building or apartment is used by a person in carrying on a trade as an hotel keeper;<\/p>\n","post_title":"\"Residential unit\" definition of section 1 of ITA","collection_order":120,"collection":597,"post_modified":"2019-08-14 14:38:28","post_date":"2015-04-01 12:28:31"},{"ID":"235","post_content":"

\u201cretirement annuity fund\u201d<\/strong> means any fund (other than a pension fund, provident fund or benefit fund) which is approved by the Commissioner in respect of the year of assessment in question and, in the case of any such fund established on or after 1 July 1986, is registered under the provisions of the Pension Funds Act: Provided that the Commissioner may approve a fund subject to such limitations or conditions as he may determine, and shall not approve any fund in respect of any year of assessment unless he is in respect of that year of assessment satisfied \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0that the fund is a permanent fund bona fide established for the sole purpose of providing life annuities for the members of the fund or annuities for the dependants or nominees of deceased members or for the purpose of providing any benefit contemplated in the \u201csavings withdrawal benefit\u201d in section 1; and<\/span><\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a02(g)\u00a0of\u00a0Act\u00a021 of 1995\u00a0and by\u00a0section\u00a01(1)(zB)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 that the rules of the fund provide \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u00a0for contributions by the members, including contributions made by way of transfer of members\u2019 interests in approved pension funds, pension preservation funds, provident funds, provident preservation funds or other retirement annuity funds;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that not more than one-third of the member\u2019s interest in the vested component may be commuted for a single payment, and that the remainder, calculated together with the total value of the member\u2019s share standing to the credit of the retirement component, must be paid in the form of an annuity (including a living annuity), a combination of annuities (including a combination of methods of paying the annuity) or a combination of types of annuities except where two-thirds of the total value of the member\u2019s interest in the vested component plus the member\u2019s interest in the retirement component does not exceed R165 000, or where the member is deceased or where the member elects to transfer the vested component to a retirement annuity fund: Provided that in determining the value of the retirement interest an amount calculated as follows must not be taken into account:<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a person who was a member of a provident fund or a provident preservation fund and who was 55 years of age or older on 1 March 2021-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount contributed to a provident fund or transferred to a provident preservation fund prior to, on and after 1 March 2021 of which that person was a member on 1 March 2021;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0with the addition of any other amounts credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on and after 1 March 2021; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0any fund return, as defined in the Pension Funds Act, in relation to the contributions or transfers contemplated in subparagraph (i) or amounts credited contemplated in subparagraph (ii);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0in any other case of a person who was a member of a provident fund or provident preservation fund on 1 March 2021-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount contributed to a provident fund or transferred to a provident preservation fund prior to 1 March 2021;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0with the addition of any other amounts credited to the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund as a result of the value of the member\u2019s individual account or minimum individual reserve on 1 March 2021; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0any fund return, as defined in the Pension Funds Act, in relation to the contributions or transfers contemplated in subparagraph (i) or amounts credited contemplated in subparagraph (ii),<\/span><\/p>\n

<\/p>\n

reduced proportionally by an amount permitted to be deducted in terms of the Pension Funds Act from the member\u2019s individual account or minimum individual reserve of the provident fund or provident preservation fund prior to, on and after 1 March 2021: Provided further that in the case where the remaining balance is utilised to provide or purchase more than one annuity, the amount utilised to provide or purchase each annuity must exceed R165 000\u037e<\/p>\n

[Subparagraph (ii)\u00a0substituted by\u00a0section 4(1)(e)\u00a0of\u00a0Act 90 of 1972, amended by\u00a0section\u00a03(1)(d)\u00a0of\u00a0Act 91 of 1982, substituted by\u00a0section 2(1)(d)\u00a0of\u00a0Act 101 of 1990, amended by\u00a0section 2(1)(k)\u00a0of\u00a0Act 113 of 1993\u00a0and by\u00a0section\u00a02(2)(b)\u00a0of\u00a0Act\u00a08 of 2007, substituted by\u00a0section\u00a03(1)(g)\u00a0of\u00a0Act\u00a08 of 2007, by\u00a0section 2(1)(x)\u00a0of\u00a0Act\u00a03 of 2008, by\u00a0section\u00a04(1)(x)\u00a0of\u00a0Act\u00a060 of 2008(section\u00a04(1)(zZc)\u00a0of\u00a0Act\u00a031 of 2013\u00a0deleted by\u00a0section\u00a0143(1)(a)\u00a0of\u00a0Act\u00a025 of 2015), by\u00a0section\u00a03(1)(zB)\u00a0of\u00a0Act\u00a025 of 2015(section\u00a03(1)(zC)\u00a0of\u00a0Act\u00a025 of 2015, deleted by\u00a0section\u00a03(1)(a)\u00a0of\u00a0Act\u00a02 of 2016) and by\u00a0section\u00a01(1)(e)\u00a0of\u00a0Act\u00a02 of 2016(as substituted by\u00a0section\u00a097(1)(a)\u00a0of\u00a0Act\u00a017 of 2017, by\u00a0section\u00a0110(1)(a)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and by\u00a0section\u00a075(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0which erroneously omits the words preceding item\u00a0(a) of\u00a0subparagraph\u00a0(ii)) and amended by\u00a0section\u00a04(1)(l)\u00a0and\u00a0(m)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and by\u00a0section\u00a01(1)(zC)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(v) \u00a0 \u00a0 that no member shall become entitled to the payment of any annuity or lump sum benefit contemplated in paragraph 2<\/a>(1)(a) of the Second Schedule<\/a> prior to reaching normal retirement age;<\/span>\u00a0<\/span><\/p>\n

(vi)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(viii)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(ix)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(x)\u00a0\u00a0\u00a0\u00a0\u00a0that a member who discontinues his or her contributions prior to his or her retirement date shall be entitled to \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 an annuity or a lump sum benefit contemplated in paragraph 2<\/a>(1)(a) of the Second Schedule<\/a> payable on that date;<\/span><\/p>\n

<\/p>\n

(bb) \u00a0 be reinstated as a full member under conditions prescribed in the rules of the fund;<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 the payment of a lump sum benefit contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule<\/a> where that member\u2019s interest in the fund is less than an amount determined by the Minister by notice in the Gazette; or<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0\u00a0the payment of-<\/span><\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0\u00a0\u00a0a lump sum benefit contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule where that member-<\/span><\/span><\/p>\n

<\/p>\n

(AA)\u00a0\u00a0is a person who is or was a resident who emigrated from the Republic and that emigration is recognised by the South African Reserve Bank for purposes of exchange control in respect of applications for that recognition received on or before 28 February 2021 and approved by the South African Reserve Bank or an authorised dealer in foreign exchange for the delivery of currency on or before 28 February 2022;<\/span><\/span><\/p>\n

<\/p>\n

(BB)\u00a0\u00a0is a person who is not a resident for an uninterrupted period of three years or longer on or after 1 March 2021; or<\/span><\/span><\/p>\n

<\/p>\n

(CC)\u00a0\u00a0departed from the Republic at the expiry of a visa obtained for the purposes of-<\/span><\/span><\/p>\n

<\/p>\n

(AAA) working as contemplated in para-graph (i) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002); or<\/span><\/span><\/p>\n

<\/p>\n

(BBB) a visit as contemplated in paragraph (b) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002), issued in terms of para-graph (b) of the proviso to section 11 of the Act by the Director-General, as defined in section 1 of that Act;<\/span><\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0\u00a0an amount from the retirement component and vested component, deemed to be paid as a lump sum benefit contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule, where a member-<\/span><\/span><\/p>\n

<\/p>\n

(AA)\u00a0\u00a0is a person who is not a resident for an uninterrupted period of three years or longer on or after 1 March 2021;<\/span><\/span><\/p>\n

<\/p>\n

(BB)\u00a0\u00a0departed from the Republic at the expiry of a visa obtained for the purposes of-<\/span><\/span><\/p>\n

<\/p>\n

(AAA) working as contemplated in para-graph (i) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002); or<\/span><\/span><\/p>\n

<\/p>\n

(BBB) a visit as contemplated in paragraph (b) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002), issued in terms of para-graph (b) of the proviso to section 11 of the Act by the Director-General, as defined in that Act; or<\/span><\/span><\/p>\n

<\/p>\n

(CC)\u00a0\u00a0is a person who is or was a resident who emigrated from the Republic and that emigration is recognised by the South African Reserve Bank for purposes of exchange control in respect of applications for that recognition received on or before 28 February 2021 and approved by the South African Reserve Bank or an authorised dealer in foreign exchange for the delivery of currency on or before 28 February 2022; or<\/span><\/span><\/p>\n

<\/p>\n

(C)\u00a0\u00a0\u00a0\u00a0an amount from the vested component, deemed to be paid as a lump sum benefit contemplated in paragraph 2<\/a>(1)(b)(ii) of the Second Schedule, where a member-<\/span><\/span><\/p>\n

<\/p>\n

(AA)\u00a0\u00a0is a person who is not a resident for an uninterrupted period of three years or longer on or after 1 March 2021;<\/span><\/span><\/p>\n

<\/p>\n

(BB)\u00a0\u00a0departed from the Republic at the expiry of a visa obtained for the purposes of-<\/span><\/span><\/p>\n

<\/p>\n

(AAA) working as contemplated in paragraph (i) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002); or<\/span><\/span><\/p>\n

<\/p>\n

(BBB) a visit as contemplated in paragraph (b) of the definition of \u201cvisa\u201d in section 1 of the Immigration Act, 2002 (Act 13 of 2002), issued in terms of para-graph (b) of the proviso to section 11 of the Act by the Director-General, as defined in that Act; or<\/span><\/span><\/p>\n

<\/p>\n

(CC)\u00a0\u00a0is a person who is or was a resident who emigrated from the Republic and that emigration is recognised by the South African Reserve Bank for purposes of exchange control in respect of applications for that recognition received on or before 28 February 2021 and approved by the South African Reserve Bank or an authorised dealer in foreign exchange for the delivery of currency on or before 28 February 2022;<\/span><\/span><\/p>\n

[Subparagraph (x) substituted by section 3(1)(p) of Act 20 of 2006, by section 2(1)(zB) of Act 3 of 2008 and by section 7(1)(zB) of Act 17 of 2009]<\/span><\/p>\n

[Item (dd)\u00a0substituted by\u00a0section\u00a03(1)(zD)\u00a0of\u00a0Act\u00a025 of 2015, by\u00a0section\u00a05(1)(i)\u00a0of\u00a0Act\u00a015 of 2016, amended by\u00a0section\u00a02(1)(p)\u00a0and\u00a0(q)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and be substituted by\u00a0section\u00a01(1)(zD)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

(xi)\u00a0\u00a0\u00a0\u00a0that upon the winding up of the fund a member\u2019s withdrawal interest therein must-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 where the member received an annuity from the fund on the date upon which the fund is wound up, be used to purchase an annuity (including a living annuity) from any other fund; or<\/span><\/p>\n

<\/p>\n

(bb) \u00a0 in any other case, be paid for the member\u2019s benefit into any other retirement annuity fund;<\/span><\/p>\n

<\/p>\n

(xii)\u00a0\u00a0\u00a0\u00a0that save-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0as is contemplated in subparagraph (ii);<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0for the transfer of any member\u2019s interest in any approved retirement annuity fund into another approved retirement annuity fund: Provided that the value of each individual contract being transferred must exceed R371 250: Provided further that-<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0 in the case where the total member\u2019s interest in any approved retirement annuity fund is not transferred into another approved retirement annuity fund, the value of the member\u2019s remaining interest after the transfer must exceed R371 250; and<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0 the provisions of the first proviso and paragraph (a) of the further proviso shall not apply in the case where the member\u2019s total interest in any approved retirement annuity fund is transferred into another approved retirement annuity fund;<\/span><\/span><\/p>\n

[Item (bb)\u00a0substituted by\u00a0section\u00a05(1)(r)\u00a0of\u00a0Act 35 of 2007, by\u00a0section\u00a01(1)(l)\u00a0of\u00a0Act\u00a020 of 2022\u00a0and by\u00a0section 1(1)(m)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0for the benefit contemplated in subparagraph (x)(cc);<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0\u00a0as is contemplated in Part V of the Policyholder Protection Rules promulgated in terms of section 62 of the Long-term Insurance Act; or<\/span><\/p>\n

<\/p>\n

(ee)\u00a0\u00a0\u00a0for any deduction contemplated in paragraph 2<\/a>(1)(b) of the Second Schedule<\/a>,<\/span><\/p>\n

<\/p>\n

no member\u2019s rights to benefits shall be capable of surrender, commutation or assignment or of being pledged as security for any loan;<\/p>\n

<\/p>\n

(xiii)\u00a0\u00a0\u00a0that the Commissioner shall be notified of all amendments of the rules; and<\/span><\/p>\n

<\/p>\n

(c) \u00a0 \u00a0 that the rules of the fund have been complied with;<\/span>\u00a0<\/span><\/p>\n

<\/p>\n

Provided further that the Commissioner may approve a fund in respect of any year of assessment, if the Commissioner is satisfied that the rules of the fund provide for the creation of the \u201csavings component\u201d<\/a>, \u201cretirement component\u201d<\/a> and \u201cvested component\u201d<\/a> as defined in\u00a0section\u00a01<\/a>;<\/span><\/p>\n

[Definition of \u201cretirement annuity fund\u201d amended by\u00a0section 2(1)(e)\u00a0of\u00a0Act 65 of 1986, by\u00a0section\u00a04(1)(zZb)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and by\u00a0section\u00a01(1)(zE)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Retirement annuity fund\" definition of section 1 of ITA","collection_order":121,"collection":597,"post_modified":"2024-09-07 21:06:51","post_date":"2015-04-01 12:28:31"},{"ID":"24935","post_content":"

\u201cretirement component\u201d\u00a0<\/strong>means a component established in terms of the rules of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund for a person who is a member of that fund: Provided that the rules of the fund provide that-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0two-thirds of the total retirement contributions to a pension fund, provident fund or retirement annuity fund by or on behalf of that member on or after 1 September 2024 is allocated to this component: Provided that-<\/span><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in determining the value of the contributions to this component an amount of charges and risk premiums deductible against such contributions must not be taken into account;<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of funds with a defined benefit funding structure, the total value attributed to this component on or after 1 September 2024 is to be determined with reference to two-thirds of the member\u2019s \u201cpensionable service\u201d as contemplated in the rules of that fund on or after 1 September 2024; and<\/span><\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0a fund with a defined benefit structure that is unable to allocate contributions as contemplated in paragraph (ii) may allocate contributions utilising a reasonable method of allocation as approved by the Financial Sector Conduct Authority;<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0payments or transfers from a similar component to a pension preservation fund or provident preservation fund by or on behalf of that member on or after 1 September 2024 is allocated to this component;<\/span><\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any amounts transferred from a similar component of any other pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund on or after 1 September 2024 is allocated to this component; and<\/span><\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0the total value of the member\u2019s interest in the retirement component must be paid in the form of an annuity (including a living annuity), a combination of annuities (including a combination of methods of paying the annuity) or a combination of types of annuities except where the member\u2019s interest in the retirement component calculated together with two-thirds of the member\u2019s interest in the vested component does not exceed R165 000, where the employee is deceased or where the employee elects to transfer the retirement interest to a pension preservation fund, provident preservation fund or a retirement annuity fund: Provided that this provision shall not apply to a \u201clegacy retirement annuity policy\u201d as defined in section 1 (that has been exempted from this provision, subject to the conditions that may be required by the Financial Sector Conduct Authority), a \u201cbeneficiary fund\u201d, \u201cunclaimed benefit fund\u201d and \u201cpensioner\u201d as defined in section 1 of the Pension Funds Act, and any person who is or was a member of a provident fund or provident preservation fund and who was 55 years of age or older on 1 March 2021, unless such person has elected to contribute to the retirement component: Provided further that in determining the value of the member\u2019s interest in the retirement component calculated together with two-thirds of the member\u2019s interest in the vested component an amount calculated as follows must not be taken into account-<\/span><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a person who is or was a member of a provident fund or provident preservation fund and who was 55 years of age or older on 1 March 2021 who has elected to contribute to the retirement component-<\/span><\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0two-thirds of the members contribution to the vested component in a provident fund or transfers to the vested component in a provident preservation fund on or after 1 September 2024;<\/span><\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 with the addition of any other amount credited to the member\u2019s individual account or minimum individual reserve of the vested component in the provident fund or provident preservation fund on or after 1 September 2024; and<\/span><\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0any fund return, as defined in the Pension Funds Act, in relation to the contribution or transfers contemplated in item (aa) or amounts credited contemplated in item (bb);<\/span><\/span><\/p>\n

[Definition of \u201cretirement component\u201d added by\u00a0section\u00a01(1)(zF)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\u201cRetirement component\u201d definition of section 1 of ITA","collection_order":122,"collection":597,"post_modified":"2024-09-07 21:08:07","post_date":"2024-09-02 20:25:59"},{"ID":"237","post_content":"

\u201cretirement date\u201d<\/strong> means the date on which \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a member of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund, elects to retire and in terms of the rules of that fund, becomes entitled to an annuity or a lump sum benefit contemplated in paragraph 2<\/a>(1)(a)(i) of the Second Schedule<\/a> on or subsequent to attaining normal retirement age; or<\/span><\/p>\n

[Paragraph (a) substituted by section 1 of Act 43 of 2014, section 2 of Act 17 of 2017 and section 1 of Act 23 of 2018 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a nominee or dependant of a deceased member of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund, in terms of the rules of that fund, becomes entitled to an annuity or a lump sum benefit contemplated in paragraph 2<\/a>(1)(a)(i) of the Second Schedule<\/a> on the death of the member;<\/span><\/p>\n","post_title":"\"Retirement date\" definition of section 1 of ITA","collection_order":123,"collection":597,"post_modified":"2021-04-06 11:53:24","post_date":"2015-04-01 12:28:31"},{"ID":"239","post_content":"

\u201cretirement\u2013<\/em>funding employment\u201d<\/strong> \u2026\u2026\u2026.<\/p>\n

[Definition of \u201cretirement-funding employment\u201d inserted by section 3 of Act 104 of 1979, amended by section 2 of Act 94 of 1983, section 2 of Act 121 of 1984, section 2 of Act 113 of 1993, section 2 of Act 21 of 1994, section 6 of Act 74 of 2002, section 3 of Act 8 of 2007, section 2 of Act 3 of 2008 and section 4 of Act 60 of 2008]<\/span><\/p>\n

[The proposed date of the deletion in section 4 of Act 31 of 2013 effective on 1 March 2015, was substituted by section 119 of Act 43 of 2014 effective on 1 March 2016 and the proposed amendment by section 119 of Act 43 of 2014 was repealed by section 155 of Act 25 of 2015 effective on 20 January 2015)]<\/span><\/p>\n

[Definition of \u201cretirement-funding employment is deleted by section 4 of Act 31 of 2013 effective on 1 March 2015]<\/span><\/p>\n","post_title":"\"Retirement-funding employment\" definition of section 1 of ITA","collection_order":124,"collection":597,"post_modified":"2019-08-14 14:39:17","post_date":"2015-04-01 12:28:31"},{"ID":"241","post_content":"

\u201cretirement fund lump sum benefit\u201d <\/strong>means an amount determined in terms of paragraph 2<\/a>(1)(a) or (c) of the Second Schedule<\/a>;<\/p>\n

[Definition of \u201cretirement fund lump sum benefit\u201d inserted by section 3 of Act 8 of 2007 and substituted by section 2 of Act 3 of 2008, section 7 of Act 17 of 2009 and section 2 of Act 17 of 2017 effective on 1 March 2018 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Retirement fund lump sum benefit\" definition of section 1 of ITA","collection_order":125,"collection":597,"post_modified":"2019-08-14 14:39:25","post_date":"2015-03-31 14:22:23"},{"ID":"243","post_content":"

\u201cretirement fund lump sum withdrawal benefit\u201d<\/strong> means an amount determined in terms of paragraph 2<\/a>(1)(b) of the Second Schedule<\/a>;<\/p>\n","post_title":"\"Retirement fund lump sum withdrawal benefit\" definition of section 1 of ITA","collection_order":126,"collection":597,"post_modified":"2019-08-14 14:39:33","post_date":"2015-04-01 12:28:31"},{"ID":"245","post_content":"

\u201cretirement interest\u201d\u00a0<\/strong>means-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in relation to any period prior to 1 September 2024, a member\u2019s share of the value of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund as determined in terms of the rules of the fund on the date on which he or she elects to retire or transfer to a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund; or<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0in relation to any period commencing on 1 September 2024, a member\u2019s share of the value of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund as determined in terms of the rules of the fund comprising the member\u2019s interest in the savings component, member\u2019s interest in the retirement component and member\u2019s interest in the vested component, on the date on which he or she elects to retire or transfer to a pension preservation fund, provident preservation fund or retirement annuity fund as contemplated in paragraph 2<\/a>(1)(c) of the Second Schedule or transfer to a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund as contemplated in paragraph 2<\/a>(1)(d) of the Second Schedule;<\/span><\/span><\/p>\n

[Definition of \u201cretirement interest\u201d inserted by\u00a0section\u00a02(1)(zF)\u00a0of\u00a0Act\u00a03 of 2008\u00a0and substituted by\u00a0section\u00a01(1)(q)\u00a0of\u00a0Act\u00a043 of 2014, by\u00a0section\u00a02(1)(k)\u00a0of\u00a0Act\u00a017 of 2017, by\u00a0section\u00a01(1)(x)\u00a0of\u00a0Act\u00a023 of 2018, by\u00a0section\u00a01(1)(n)\u00a0of\u00a0Act\u00a017 of 2023\u00a0and by\u00a0section\u00a01(1)(zG)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Retirement interest\" definition of section 1 of ITA","collection_order":127,"collection":597,"post_modified":"2024-09-07 21:08:54","post_date":"2015-04-01 12:28:31"},{"ID":"247","post_content":"

\u201creturn\u201d<\/strong> means a return as defined in section 1<\/a> of the Tax Administration Act<\/a>;<\/p>\n","post_title":"\"Return\" definition of section 1 of ITA","collection_order":128,"collection":597,"post_modified":"2019-08-14 14:39:52","post_date":"2015-04-01 12:28:31"},{"ID":"249","post_content":"

\u201creturn of capital\u201d<\/strong> means any amount transferred by a company that is a resident for the benefit or on behalf of any person in respect of any share in that company to the extent that that transfer results in a reduction of contributed tax capital of the company, whether that amount is transferred-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 by way of a distribution made by; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 as consideration for the acquisition of any share in,<\/span><\/p>\n

<\/p>\n

that company, but does not include any amount so transferred to the extent that the amount so transferred constitutes-<\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u00a0shares in the company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0 an acquisition by the company of its own securities by way of a general repurchase of securities as contemplated in subparagraph (b) of paragraph 5.67(B) of section 5 of the JSE Limited Listings Requirements, where that acquisition complies with any applicable requirements prescribed by paragraph s 5.68 and 5.72 to 5.81 of section 5 of the JSE Limited Listings Requirements or by way of a general repurchase of securities as contemplated in the listings requirements of any other exchange, licensed under the Financial Markets Act, that are substantially the same as the requirements prescribed by the JSE Limited Listings Requirements, where that acquisition complies with the applicable requirements of that exchange\u037e<\/span><\/p>\n

[Paragraph (ii) substituted by section 2(1)(l) of Act 17 of 2017 and by section 2(1)(g) of Act 34 of 2019 deemed effective on 1 March, 2019]<\/span><\/p>\n

[Definition of \u201creturn of capital\u201d inserted by section 7 of Act 24 of 2011 and substituted by section 2 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"\"Return of capital\" definition of section 1 of ITA","collection_order":129,"collection":597,"post_modified":"2021-02-10 09:09:33","post_date":"2015-03-31 14:25:18"},{"ID":"24939","post_content":"

\u201csavings component\u201d\u00a0<\/strong>means a component established in terms of the rules of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund for a person who is a member of that fund: Provided that the rules of the fund provide that-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a one-off amount of 10 per cent of the total value of the vested component as at 31 August 2024, as contemplated in paragraph (a) of the definition of \u201cvested component\u201d<\/a>, limited to R30 000, is allocated to this component on or after 1 September 2024: Provided further that-<\/span><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the amount may be determined on or after 1 September 2024, and the allocation must be backdated to that date; and<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of any person who is or was a member of a provident fund or provident preservation fund and who is or was 54 years of age or younger on 1 March 2021, the one-off amount is to be calculated proportionally from that member\u2019s retirement interest in that provident fund or provident preservation fund on 28 February 2021 and the increase in the value up to and including 31 August 2024 from that fund;<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0one-third of the total retirement contributions to a pension fund, provident fund or retirement annuity fund by or on behalf of that member on or after 1 September 2024 is allocated to this component: Provided that-<\/span><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in determining the value of the contributions to this component an amount of charges and risk premiums deductible against such contributions must not be taken into account;<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of funds with a defined benefit funding structure, the total value attributed to this component on or after 1 September 2024 is to be determined with reference to one-third of the member\u2019s \u201cpensionable service\u201d as contemplated in the rules of that fund on or after 1 September 2024; and<\/span><\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0a fund with a defined benefit structure that is unable to allocate contributions as contemplated in subparagraph (ii) may allocate contributions utilising a reasonable method of allocation as approved by the Financial Sector Conduct Authority;<\/span><\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0payments or transfers from a similar component to a pension preservation fund or provident preservation fund by or on behalf of that member on or after 1 September 2024 is allocated to this component;<\/span><\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0any amounts transferred from a similar component of any other pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund on or after 1 September 2024 are allocated to this component if the member\u2019s total interest in that fund is transferred in terms of the rules of the fund;<\/span><\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0the member may elect to allocate the value of the member\u2019s interest in this component into the member\u2019s retirement component in that fund;<\/span><\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the member\u2019s interest in this component or portion thereof may be paid in the form of a savings withdrawal benefit; and<\/span><\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0\u00a0on the death of the member or former member, or on retirement of the member, the member\u2019s interest in this component may on election of the member or nominee be\u2014<\/span><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0on the death of the member paid to a nominee or dependant of the deceased member or former member; or<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0on retirement, to the retired member and is deemed to be a lump sum benefit contemplated in paragraph 2<\/a>(1)(a) of the Second Schedule and in the absence of a nominee or dependant, to the deceased\u2019s estate as a lump sum benefit contemplated in paragraph 2<\/a>(1)(a) of the Second Schedule-<\/span><\/span><\/p>\n

<\/p>\n

Provided further that this definition shall not apply to a \u201clegacy retirement annuity policy\u201d<\/a> as defined in\u00a0section\u00a01<\/a>, that has been approved for exemption by the Financial Sector Conduct Authority, a \u201cbeneficiary fund\u201d, \u201cunclaimed benefit fund\u201d and \u201cpensioner\u201d as defined in\u00a0section\u00a01\u00a0of the Pension Funds Act, and any person who is or was a member of a provident fund or provident preservation fund and who is or was 55\u00a0years of age or older on 1\u00a0March 2021, unless such person has elected to contribute to the \u201csavings component\u201d<\/a>;<\/span><\/p>\n

[Definition of \u201csavings component\u201d inserted by\u00a0section\u00a01(1)(zH)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\u201cSavings component\u201d definition of section 1 of ITA","collection_order":130,"collection":597,"post_modified":"2024-09-07 21:09:58","post_date":"2024-09-02 20:27:24"},{"ID":"24941","post_content":"

\u201csavings withdrawal benefit\u201d\u00a0<\/strong>means a portion of the member\u2019s share of the value in a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund that the member has elected to withdraw from the portion of his or her share allocated to the savings component provided by that fund before termination of membership of the fund: Provided that-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the member\u2019s right is limited to one withdrawal during a year of assessment;<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0where a member has multiple contracts in the same fund, one withdrawal during a year of assessment may be made from each of the contracts; and<\/span><\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the value of each withdrawal, before taking into account any charges or transaction costs, may not be less than R2 000: Provided that where a member terminates their membership in their respective funds within any year of assessment and such member has made a withdrawal from that fund as contemplated in paragraphs (a) or (b) and the value of the member\u2019s interest in the savings component is less than R2 000, such member may be allowed a second withdrawal of the total balance in the savings component;<\/span><\/span><\/p>\n

[Definition of \u201csavings withdrawal benefit\u201d be inserted by\u00a0section\u00a01(1)(zH)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\u201cSavings withdrawal benefit\u201d definition of section 1 of ITA","collection_order":131,"collection":597,"post_modified":"2024-09-07 21:10:17","post_date":"2024-09-02 20:28:05"},{"ID":"251","post_content":"

\u201csecurities lending arrangement\u201d<\/strong> means a \u2018lending arrangement\u2019 as defined in the Securities Transfer Tax Act, 2007 (Act No. 25 of 2007);<\/p>\n","post_title":"\"Securities lending arrangement\" definition of section 1 of ITA","collection_order":132,"collection":597,"post_modified":"2019-08-14 14:40:06","post_date":"2015-04-01 12:27:21"},{"ID":"253","post_content":"

\u201cseverance benefit\u201d<\/strong> means any amount (other than a lump sum benefit or an amount contemplated in paragraph (d)(ii) or (iii) of the definition of \u2018gross income\u2019) received by or accrued to a person by way of a lump sum from or by arrangement with the person\u2019s employer or an associated institution in relation to that employer in respect of the relinquishment, termination, loss, repudiation, cancellation or variation of the person\u2019s office or employment or of the person\u2019s appointment (or right or claim to be appointed) to any office or employment, if-<\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 such person has attained the age of 55 years;<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 such relinquishment, termination, loss, repudiation, cancellation or variation is due to the person becoming permanently incapable of holding the person\u2019s office or employment due to sickness, accident, injury or incapacity through infirmity of mind or body; or<\/span><\/p>\n

<\/p>\n

(c) \u00a0 \u00a0 such termination or loss is due to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the person\u2019s employer having ceased to carry on or intending to cease carrying on the trade in respect of which the person was employed or appointed; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0 the person having become redundant in consequence of a general reduction in personnel or a reduction in personnel of a particular class by the person\u2019s employer,<\/span><\/p>\n

<\/p>\n

unless, where the person\u2019s employer is a company, the person at any time held more than five per cent of the issued shares or members\u2019 interest in the company:<\/p>\n

<\/p>\n

Provided that any such amount which becomes payable in consequence of or following upon the death of a person must be deemed to be an amount which accrued to such person immediately prior to his or her death;<\/p>\n","post_title":"\"Severance benefit\" definition of section 1 of ITA","collection_order":133,"collection":597,"post_modified":"2019-08-14 14:40:18","post_date":"2015-04-01 12:27:21"},{"ID":"255","post_content":"

\u201cshare\u201d<\/strong> means, in relation to any company, any unit into which the proprietary interest in that company is divided;<\/p>\n","post_title":"\"Share\" definition of section 1 of ITA","collection_order":134,"collection":597,"post_modified":"2019-08-14 14:40:24","post_date":"2015-04-01 12:27:21"},{"ID":"10519","post_content":"

\u201cShare Blocks Control Act\u201d<\/strong> means the Share Blocks Control Act, 1980 (Act No. 59 of 1980);<\/p>\n

[Definition of \u201cShare Blocks Control Act\u201d inserted by section 1 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Share Blocks Control Act\" definition of section 1 of ITA","collection_order":135,"collection":597,"post_modified":"2019-08-14 14:40:36","post_date":"2017-06-07 12:47:22"},{"ID":"257","post_content":"

\u201cShort-term Insurance Act\u201d<\/strong> means the Short-term Insurance Act, 1998 (Act No. 53 of 1998);<\/p>\n","post_title":"\"Short-term Insurance Act\" definition of section 1 of ITA","collection_order":136,"collection":597,"post_modified":"2019-08-14 14:40:43","post_date":"2015-04-01 12:27:21"},{"ID":"10521","post_content":"

\u201csmall business funding entity\u201d<\/strong> means any entity, approved by the Commissioner in terms of section 30C<\/a>;<\/p>\n

[Definition of \u201csmall business funding entity\u201d inserted by section 1 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n","post_title":"\"Small business funding entity\" definition of section 1 of ITA","collection_order":137,"collection":597,"post_modified":"2019-08-14 14:40:50","post_date":"2017-06-07 12:49:09"},{"ID":"10523","post_content":"

\u201csmall, medium or micro-sized enterprise\u201d<\/strong> means any-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0person that qualifies as a micro business as defined in paragraph 1<\/a> of the Sixth Schedule<\/a>; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any person that is a small business corporation as defined in section 12E<\/a>(4);<\/span><\/p>\n

[Definition of \u201csmall, medium or micro-sized enterprise\u201d inserted by section 1 of Act 43 of 2014 effecive on 1 March 2015]<\/span><\/p>\n","post_title":"\"Small, medium or micro-sized enterprise\" definition of section 1 of ITA","collection_order":138,"collection":597,"post_modified":"2019-08-14 14:41:02","post_date":"2017-06-07 12:53:14"},{"ID":"259","post_content":"

\u201cSouth African Reserve Bank\u201d<\/strong> means the central bank of the Republic regulated in terms of the South African Reserve Bank Act, 1989 (Act No. 90 of 1989);<\/p>\n","post_title":"\"South African Reserve Bank\" definition of section 1 of ITA","collection_order":139,"collection":597,"post_modified":"2019-08-14 14:41:11","post_date":"2015-03-31 14:28:36"},{"ID":"261","post_content":"

\u201cSouth African Revenue Service\u201d<\/strong> means the South African Revenue Service established by section 2 of the South African Revenue Service Act, 1997;<\/p>\n","post_title":"\"South African Revenue Service\" definition of section 1 of ITA","collection_order":140,"collection":597,"post_modified":"2019-08-14 14:41:14","post_date":"2015-04-01 12:27:21"},{"ID":"263","post_content":"

\u201cspecial trust\u201d<\/strong> means a trust created \u2013<\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 solely for the benefit of one or more persons who is or are persons with a disability as defined in section 6B<\/a>(1) where such disability incapacitates such person or persons from earning sufficient income for their maintenance, or from managing their own financial affairs: Provided that-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0 such trust shall be deemed not to be a special trust in respect of years of assessment ending on or after the date on which all such persons are deceased; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0where such trust is created for the benefit of more than one person, all persons for whose benefit the trust is created must be relatives in relation to each other; or<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 by or in terms of the will of a deceased person, solely for the benefit of beneficiaries who are relatives in relation to that deceased person and who are alive on the date of death of that deceased person (including any beneficiary who has been conceived but not yet born on that date), where the youngest of those beneficiaries is on the last day of the year of assessment of that trust under the age of 18 years;<\/span><\/p>\n","post_title":"\"Special trust\" definition of section 1 of ITA","collection_order":141,"collection":597,"post_modified":"2019-08-14 14:41:22","post_date":"2015-03-31 14:30:17"},{"ID":"265","post_content":"

\u201cspecified date\u201d<\/strong>, in relation to any company, means \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in respect of the year of assessment ending the thirtieth day of June, 1962, that date or, if such company\u2019s return is under the proviso to subsection (13) of section 66 <\/a>accepted in respect of a period ending upon some other date, such other date; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in respect of any other year of assessment, the last day of such other year of assessment;<\/span><\/p>\n","post_title":"\"Specified date\" definition of section 1 of ITA","collection_order":142,"collection":597,"post_modified":"2019-08-14 14:41:27","post_date":"2015-04-01 12:27:21"},{"ID":"267","post_content":"

\u201cspecified period\u201d<\/strong>, in relation to a year of assessment of any company commencing on or after 1 April 1977, means \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where such year of assessment is the first financial year of such company, the period commencing on the first day of such year and ending six months after the specified date in respect of such year; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where such year of assessment is a subsequent financial year of such company, the period commencing the day after the end of the specified period in respect of the immediately preceding year of assessment and ending six months after the specified date in respect of the year of assessment in question:<\/span><\/p>\n

<\/p>\n

Provided that where by reason of the amalgamation under section 94 of the Co\u2013<\/em>operative Societies Act, 1939 (Act No. 29 of 1939), of two or more agricultural co\u2013<\/em>operatives (as defined in section 27<\/a>(9) of this Act), the assets and liabilities of such co\u2013<\/em>operatives have vested in a new agricultural co\u2013<\/em>operative (as so defined), the Commissioner may, having regard to the circumstances of the case, direct that the specified period of each of the co\u2013<\/em>operatives which have so amalgamated, as applicable in relation to the final year of assessment of the co\u2013<\/em>operative in question be extended so as to end on such day as the Commissioner may determine;<\/p>\n","post_title":"\"Specified period\" definition of section 1 of ITA","collection_order":143,"collection":597,"post_modified":"2019-08-14 14:41:37","post_date":"2015-04-01 12:27:21"},{"ID":"269","post_content":"

\u201cspot rate\u201d<\/strong> means the appropriate quoted exchange rate at a specific time by any authorised dealer in foreign exchange for the delivery of currency;<\/p>\n","post_title":"\"Spot rate\" definition of section 1 of ITA","collection_order":144,"collection":597,"post_modified":"2019-08-14 14:41:42","post_date":"2015-03-31 14:32:04"},{"ID":"271","post_content":"

\u201cspouse\u201d<\/strong>, in relation to any person, means a person who is the partner of such person-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in a marriage or customary union recognised in terms of the laws of the Republic;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in a union recognised as a marriage in accordance with the tenets of any religion; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in a same-sex or heterosexual union which is intended to be permanent,<\/span><\/p>\n

[Paragraph (c) substituted by section 3 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

and \u201cmarried\u201d, \u201chusband\u201d or \u201cwife\u201d shall be construed accordingly: Provided that a marriage or union contemplated in paragraph (b) or (c) shall, in the absence of proof to the contrary, be deemed to be a marriage or union out of community of property;<\/p>\n","post_title":"\"Spouse\" definition of section 1 of ITA","collection_order":145,"collection":597,"post_modified":"2019-08-14 14:41:50","post_date":"2015-04-01 12:27:21"},{"ID":"273","post_content":"

\u201ctax\u201d<\/strong> means tax or a penalty imposed in terms of this Act;<\/p>\n","post_title":"\"Tax\" definition of section 1 of ITA","collection_order":146,"collection":597,"post_modified":"2019-08-14 14:41:59","post_date":"2015-03-31 14:33:38"},{"ID":"275","post_content":"

\u201cTax Administration Act\u201d<\/strong> means the Tax Administration Act<\/a>, 2011 (Act No. 28 of 2011);<\/p>\n","post_title":"\"Tax Administration Act\" definition of section 1 of ITA","collection_order":147,"collection":597,"post_modified":"2019-08-14 14:42:10","post_date":"2015-04-01 12:27:21"},{"ID":"277","post_content":"

\u00a0\u201ctaxable capital gain\u201d<\/strong> means an amount determined in terms of paragraph 10<\/a> of the Eighth Schedule<\/a>;<\/p>\n","post_title":"\"Taxable capital gain\" definition of section 1 of ITA","collection_order":148,"collection":597,"post_modified":"2019-08-14 14:42:17","post_date":"2015-04-01 12:27:21"},{"ID":"279","post_content":"

\u201ctaxable income\u201d<\/strong> means the aggregate of \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount remaining after deducting from the income of any person all the amounts allowed under Part I of Chapter II to be deducted from or set off against such income; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 all amounts to be included or deemed to be included in the taxable income of any person in terms of this Act;<\/span><\/p>\n","post_title":"\"Taxable income\" definition of section 1 of ITA","collection_order":149,"collection":597,"post_modified":"2019-08-14 14:42:23","post_date":"2015-04-01 12:27:21"},{"ID":"281","post_content":"

\u201ctax benefit\u201d<\/strong> includes any avoidance, postponement or reduction of any liability for tax;<\/p>\n","post_title":"\"Tax benefit\" definition of section 1 of ITA","collection_order":150,"collection":597,"post_modified":"2019-08-14 14:42:35","post_date":"2015-04-01 12:27:21"},{"ID":"283","post_content":"

\u201ctaxpayer\u201d<\/strong> means any person chargeable with any tax leviable under this Act;<\/p>\n","post_title":"\"Taxpayer\" definition of section 1 of ITA","collection_order":151,"collection":597,"post_modified":"2019-08-14 14:42:47","post_date":"2015-04-01 12:27:21"},{"ID":"285","post_content":"

\u201cthis Act\u201d<\/strong> includes the regulations;<\/p>\n","post_title":"\"This Act\" definition of section 1 of ITA","collection_order":152,"collection":597,"post_modified":"2019-08-14 14:42:53","post_date":"2015-04-01 12:27:21"},{"ID":"24943","post_content":"

\u201ctotal retirement contribution\u201d\u00a0<\/strong>means any amount contributed to any pension fund, provident fund or retirement annuity fund in terms of the rules of that fund on or after 1\u00a0September 2024 by a person who is a member of that fund or any other person on behalf of that member, excluding any charges or premiums thereon;<\/span><\/p>\n

[Definition of \u201ctotal retirement contribution\u201d inserted by\u00a0section\u00a01(1)(zI)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\u201cTotal retirement contribution\u201d definition of section 1 of ITA","collection_order":153,"collection":597,"post_modified":"2024-09-06 11:26:43","post_date":"2024-09-02 20:28:46"},{"ID":"287","post_content":"

\u201ctrade\u201d<\/strong> includes every profession, trade, business, employment, calling, occupation or venture, including the letting of any property and the use of or the grant of permission to use any patent as defined in the Patents Act or any design as defined in the Designs Act or any trade mark as defined in the Trade Marks Act or any copyright as defined in the Copyright Act or any other property which is of a similar nature;<\/p>\n","post_title":"\"Trade\" definition of section 1 of ITA","collection_order":154,"collection":597,"post_modified":"2019-08-14 14:43:02","post_date":"2015-04-01 12:27:21"},{"ID":"289","post_content":"

\u201cTrade Marks Act\u201d<\/strong> means the Trade Marks Act, 1993 (Act No. 194 of 1993);<\/p>\n","post_title":"\"Trade Marks Act\" definition of section 1 of ITA","collection_order":155,"collection":597,"post_modified":"2021-02-10 09:10:12","post_date":"2015-04-01 12:27:21"},{"ID":"291","post_content":"

\u201ctrading stock\u201d<\/strong> includes \u2013<\/em><\/p>\n

\n<\/p>

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 includes-<\/span><\/p>\n

\n<\/p>

(i) \u00a0 \u00a0 \u00a0anything produced, manufactured, constructed, assembled, purchased or in any other manner acquired by a taxpayer for the purposes of manufacture, sale or exchange by the taxpayer or on behalf of the taxpayer;<\/span><\/p>\n

\n<\/p>

(ii) \u00a0 \u00a0 anything the proceeds from the disposal of which forms or will form part of the taxpayer\u2019s gross income, otherwise than-<\/span><\/p>\n

\n<\/p>

(aa)\u00a0\u00a0\u00a0in terms of paragraph (j) or (m) of the definition of \u2018gross income\u2019;<\/span><\/p>\n

\n<\/p>

(bb)\u00a0\u00a0\u00a0in terms of paragraph 14<\/a>(1) of the First Schedule<\/a>; or<\/span><\/p>\n

\n<\/p>

(cc)\u00a0\u00a0\u00a0as a recovery or recoupment contemplated in section 8<\/a>(4) which is included in gross income in terms of paragraph (n) of the definition of \u2018gross income\u2019; or<\/span><\/p>\n

\n<\/p>

(iii)\u00a0\u00a0\u00a0\u00a0any consumable stores and spare parts acquired by the taxpayer to be used or consumed in the course of the taxpayer\u2019s trade; but<\/span><\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 does not include-<\/span><\/p>\n

\n<\/p>

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 a foreign currency option contract ;or<\/span><\/p>\n

\n<\/p>

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 a forward exchange contract,<\/span><\/p>\n

\n<\/p>

as defined in section 24I<\/a>(1);<\/span><\/p>\n","post_title":"\"Trading stock\" definition of section 1 of ITA","collection_order":156,"collection":597,"post_modified":"2021-02-10 09:10:07","post_date":"2015-03-31 14:42:46"},{"ID":"293","post_content":"

\u201ctrust\u201d<\/strong> means any trust fund consisting of cash or other assets which are administered and controlled by a person acting in a fiduciary capacity, where such person is appointed under a deed of trust or by agreement or under the will of a deceased person;<\/p>\n","post_title":"\"Trust\" definition of section 1 of ITA","collection_order":157,"collection":597,"post_modified":"2021-02-10 09:10:09","post_date":"2015-04-01 12:27:21"},{"ID":"295","post_content":"

\u201ctrustee\u201d<\/strong>, in addition to every person appointed or constituted as such by act of parties, by will, by order or declaration of court or by operation of law, includes an executor or administrator, tutor or curator, and any person having the administration or control of any property subject to a trust, usufruct, fideicommissum or other limited interest or acting in any fiduciary capacity or having, either in a private or in an official capacity, the possession, direction, control or management of any property of any person under legal disability;<\/p>\n","post_title":"\"Trustee\" definition of section 1 of ITA","collection_order":158,"collection":597,"post_modified":"2021-02-10 09:10:02","post_date":"2015-04-01 12:27:21"},{"ID":"297","post_content":"

\u201cValue-Added Tax Act\u201d<\/strong> means the Value-Added Tax Act, 1991 (Act No. 89 of 1991);<\/p>\n","post_title":"\"Value-Added Tax Act\" definition of section 1 of ITA","collection_order":159,"collection":597,"post_modified":"2021-02-10 09:09:58","post_date":"2015-03-31 14:44:56"},{"ID":"24947","post_content":"

\u201cvested component\u201d\u00a0<\/strong>means a component established in terms of the rules of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund for a person who is a member of that fund: Provided that the rules of the fund provide that-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the member\u2019s interest in this component, after taking into account the allocation of the amount contemplated in paragraph (a) of the definition of \u201csavings component\u201d<\/a>, is subject to and must be paid in accordance with the rules of the fund that exist immediately prior to 1 September 2024;<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0no contributions may be made to this component on or after 1 September 2024, except in the case of a person who was a member of a provident fund and is still a member of the same provident fund and who was 55 years of age or older on 1 March 2021: Provided that where the above-mentioned member has elected to make contributions to this component on or after 1 September 2024, that member may not be allowed to make contributions to the savings component or the retirement component;<\/span><\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the member may, in accordance with the rules of the fund that exist immediately prior to 1 September 2024, elect to transfer the value of this component into the member\u2019s vested component of another pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund;<\/span><\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0the member may elect to transfer the value of this component into the member\u2019s retirement component of another pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund; and<\/span><\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0the member may elect to transfer the value of this component into the member\u2019s retirement component of the pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund;<\/span><\/span><\/p>\n

[Definition of \u201cvested component\u201d inserted by\u00a0section\u00a01(1)(zJ)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\u201cVested component\u201d definition of section 1 of ITA","collection_order":160,"collection":597,"post_modified":"2024-09-07 21:11:14","post_date":"2024-09-02 20:30:10"},{"ID":"299","post_content":"

\u201cwater services provider\u201d<\/strong> means a person who provides water supply services and sanitation services and who is \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a public entity regulated under the Public Finance Management Act;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a wholly owned subsidiary or entity of a public entity contemplated in paragraph (a) if the operations of the subsidiary or entity are ancillary or complementary to the operations of that public entity;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a company as contemplated in paragraph (a) of the definition of \u2018company\u2019, which is wholly owned by one or more municipalities; or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 a board or institution which has powers similar to a water board established in terms of the Water Services Act, 1997 (Act No. 108 of 1997), and would have fallen within the ambit of the definition of \u2018local authority\u2019 prior to the coming into operation of section 3(1)(h) of the Revenue Laws Amendment Act, 2006;<\/span><\/p>\n","post_title":"\"Water services provider\" definition of section 1 of ITA","collection_order":161,"collection":597,"post_modified":"2021-02-10 09:09:56","post_date":"2015-04-01 12:27:21"},{"ID":"301","post_content":"

\u201cwithdrawal interest\u201d <\/strong>means the value of the member\u2019s share of the pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund value, as determined in terms of the rules of the fund on the date on which the member elects to withdraw due to an event other than the member attaining normal retirement age\u037e<\/span><\/p>\n

[Definition of \u201cwithdrawal interest\u201d inserted by section 2(1)(zH) of Act 3 of 2008 and substituted by section 2(1)(h) of Act 34 of 2019 deemed effective on 1 March, 2019]<\/span><\/p>\n","post_title":"\"Withdrawal interest\" definition of section 1 of ITA","collection_order":162,"collection":597,"post_modified":"2021-03-06 22:00:40","post_date":"2015-04-01 12:27:21"},{"ID":"303","post_content":"

\u201cyear of assessment\u201d<\/strong> means any year or other period in respect of which any tax or duty leviable under this Act is chargeable, and any reference in this Act to any year of assessment ending the last or the twenty-eighth or the twenty-ninth day of February shall, unless the context otherwise indicates, in the case of a company or a portfolio of a collective investment scheme in securities be construed as a reference to any financial year of that company or portfolio ending during the calendar year in question.<\/p>\n","post_title":"\"Year of assessment\" definition of section 1 of ITA","collection_order":163,"collection":597,"post_modified":"2019-08-14 14:44:02","post_date":"2015-03-31 14:48:10"},{"ID":"305","post_content":"

(2) \u00a0 \u00a0 Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Tax Administration Act bears that meaning for purposes of this Act.<\/span><\/p>\n","post_title":"Subsection 2 of section 1 of ITA","collection_order":164,"collection":597,"post_modified":"2019-02-09 22:55:56","post_date":"2015-03-31 14:49:16"},{"ID":"9192","post_content":"

CHAPTER I<\/strong><\/p>\n

\u00a0<\/strong>ADMINISTRATION<\/strong><\/p>\n","post_title":"CHAPTER I - ADMINISTRATION (ITA)","collection_order":165,"collection":597,"post_modified":"2019-02-23 19:03:00","post_date":"2017-03-24 12:07:04"},{"ID":"310","post_content":"

2. \u00a0 \u00a0 Administration of Act<\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 The Commissioner is responsible for carrying out the provisions of this Act.<\/span><\/p>\n

\u00a0<\/p>\n

(2) \u00a0 \u00a0 Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act.<\/span><\/p>\n","post_title":"Section 2 (ITA) - Administration of Act","collection_order":166,"collection":597,"post_modified":"2019-02-09 22:44:30","post_date":"2015-04-01 12:35:36"},{"ID":"313","post_content":"

3. \u00a0 \u00a0 Exercise of powers and performance of duties<\/span><\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The powers conferred and the duties imposed upon the Commissioner by or under the provisions of this Act may be exercised or performed by the Commissioner, or by any officer under the control, direction or supervision of the Commissioner.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(4) \u00a0 \u00a0 \u00a0Any decision of the Commissioner under the following provisions of this Act is subject to objection and appeal in accordance with Chapter 9<\/a> of the Tax Administration Act<\/a>, namely-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the definitions of \u201cbenefit fund\u201d, \u201cpension fund\u201d, \u201cpension preservation fund\u201d, \u201cprovident fund\u201d, \u201cprovident preservation fund\u201d, \u201cretirement annuity fund\u201d and \u201cspouse\u201d in section 1<\/a>;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0section 6quat<\/a>(5), section 8<\/a>(5)(b) and (bA), section 10<\/a>(1)(cA), (e)(i)(cc), (j) and (nB), section 10A<\/a>(8), section 11<\/a>(e), (f), (g), (gA), (j) and (l), section 11D<\/a>(20)(b), section 12B<\/a>(6), section 12C<\/a>, section 12E<\/a>, section 12J<\/a>(6), (6A) and (7), section 13<\/a>, section 15<\/a>, section 18A<\/a>(1)(a)(cc), (b), (bA)(dd) and (c), section 22<\/a>(1) and (3), section 23H<\/a>(2), section 23K<\/a>, section 24<\/a>(2), section 24A<\/a>(6), section 24C<\/a>, section 24D<\/a>, section 24I<\/a>(1) and (7), section 24J<\/a>(9), section 24P<\/a>, section 25A<\/a>, section 27<\/a>, section 28<\/a>(9), section 30<\/a>, section 30A<\/a>, section 30B<\/a>, section 30C<\/a>, section 31<\/a>, section 37A<\/a>, section 38<\/a>(2)(a) and (b) and (4), section 44<\/a>(13)(a), section 47<\/a>(6)(c)(i), section 62<\/a>(1)(c)(iii) and (d) and (2)(a) and (4), section 80B<\/a> and section 103<\/a>(2);<\/span><\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a02(a)\u00a0of\u00a0Act\u00a044 of 2014, by\u00a0section\u00a01\u00a0of\u00a0Act\u00a033 of 2019, by\u00a0section\u00a03\u00a0of\u00a0Act\u00a024 of 2020\u00a0and by\u00a0section 1\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 paragraphs 6<\/a>, 7<\/a>, 9<\/a>, 13<\/a>, 13A<\/a>, 14<\/a>, 19<\/a> and 20<\/a> of the First Schedule<\/a>;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 paragraph 4<\/a> of the Second Schedule<\/a>;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 paragraphs 5<\/a>(2), 14<\/a>(6), 21<\/a>(2) and 24<\/a> of the Fourth Schedule<\/a>;<\/span><\/p>\n

[Paragraph (e) substituted by section 2 of Act 44 of 2014 effective on 20 January 2015]<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0 paragraphs 10<\/a>(3), 11<\/a>(2)\u00a0 and 13<\/a> of the Sixth Schedule<\/a>;<\/span><\/p>\n

[Paragraph (f) substituted by section 2 of Act 44 of 2014 effective on 20 January 2015]<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 paragraphs 2<\/a>(h), 3<\/a>, 6<\/a>(4)(b), 7<\/a>(6), (7) and (8), 11<\/a> and 12A<\/a>(3) of the Seventh Schedule;<\/a> and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 paragraphs (bb)(A) of the proviso to paragraph 12A<\/a>(6)(e), 29<\/a>(2A), 29<\/a>(7), 31<\/a>(2), 65<\/a>(1)(d) and 66<\/a>(1)(e) of the Eighth Schedule<\/a>.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may, in writing, and on such conditions as may be agreed upon between the Commissioner and the Financial Sector Conduct Authority delegate to the Financial Sector Conduct Authority his or her power-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 2 of Act 43 of 2014 and section 2 of Act 23 of 2018 effective on 1 April 2018]<\/span><\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 to approve a fund contemplated in the definition of a \u2018pension fund\u2019, \u2018pension preservation fund\u2019, \u2018provident fund\u2019, \u2018provident preservation fund\u2019 or \u2018retirement annuity fund\u2019, subject to-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any limitation or condition as may be determined by the Commissioner in terms of those definitions; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the compliance by any such fund with the requirements under those definitions; <\/span><\/p>\n

[Paragraph (a) amended by section 1(b) of Act 4 of 2008, by section 5 of Act 60 of 2008 and by section 1 of Act 16 of 2016]<\/span><\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 to withdraw any such approval if any of the limitations, conditions or requirements listed in paragraph (a) are not met.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0to make a disclosure under section 69(8)(b)(i) of the Tax Administration Act.<\/span><\/p>\n

[Subsection (5) added by section 4(b) of Act 16 of 2004 and amended by section 2(a) of Act 43 of 2014 and by section 2(1)(a) of Act 23 of 2018 deemed effective on 1 April, 2018. Paragraph (c) added by section 1 of Act 16 of 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0Any person aggrieved by a decision of the Financial Sector Conduct Authority to approve or to withdraw an approval of a fund in terms of subsection (5) must, notwithstanding section 219\u00a0of the Financial Sector Regulation Act, lodge his or her objection with the Commissioner in accordance with the provisions of\u00a0Chapter 9<\/a>\u00a0of the Tax Administration Act.<\/span><\/p>\n

[Subsection (6) added by section 4 of Act 16 of 2004 and substituted by section 271 of Act 28 of 2011,\u00a0section 2 of Act 43 of 2014 and section 2 of Act 23 of 2018 effective on 1 April 2018]<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0A decision by the Financial Sector Conduct Authority against which an objection has been lodged is, for the purpose of subsection (6), deemed to be a decision of the Commissioner.<\/span><\/p>\n

[Subsection (7) added by section 4 of Act 16 of 2004 and substituted by section 2 of Act 23 of 2018 effective on 1 April 2018]<\/span><\/p>\n","post_title":"Section 3 (ITA) - Exercise of powers and performance of duties","collection_order":167,"collection":597,"post_modified":"2024-01-10 20:18:03","post_date":"2015-04-01 12:38:28"},{"ID":"315","post_content":"

4A. \u00a0 \u00a0 Exercise of powers and performance of duties by Minister<\/strong><\/p>\n

\u00a0<\/p>\n

The powers conferred and the duties imposed upon the Minister by or under the provisions of this Act may be exercised or performed by the Minister personally or, except for the power to issue notices or regulations, delegated by the Minister to the Director-General of the National Treasury and the Director-General may in turn delegate the powers and duties so delegated to him or her to any officer or person under his or her control, direction or supervision.<\/p>\n","post_title":"Section 4A (ITA) - Exercise of powers and performance of duties by Minister","collection_order":168,"collection":597,"post_modified":"2019-02-09 22:44:13","post_date":"2015-04-01 12:39:41"},{"ID":"9195","post_content":"

CHAPTER II<\/strong><\/p>\n

\u00a0<\/strong>THE TAXES<\/strong><\/p>\n","post_title":"CHAPTER II - THE TAXES (ITA)","collection_order":169,"collection":597,"post_modified":"2019-02-23 19:05:12","post_date":"2017-03-24 12:10:09"},{"ID":"24235","post_content":"","post_title":"PART IA (ITA) - Advance Pricing Agreements","collection_order":170,"collection":597,"post_modified":"2024-01-10 18:24:02","post_date":"2024-01-08 21:06:56"},{"ID":"9201","post_content":"

PART I<\/strong><\/p>\n

Normal Tax<\/strong><\/p>\n","post_title":"PART I - Normal Tax (ITA)","collection_order":171,"collection":597,"post_modified":"2019-02-23 19:04:57","post_date":"2017-03-24 12:13:28"},{"ID":"22543","post_content":"

5. \u00a0 \u00a0 Levy of normal tax and rates thereof<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to the provisions of the Fourth Schedule<\/a> there shall be paid annually for the benefit of the National Revenue Fund, an income tax (in this Act referred to as the normal tax) in respect of the taxable income received by or accrued to or in favour of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any person (other than a company) during the year of assessment ending during the period of 12 months ending the last day of February each year; and<\/span><\/p>\n

[Paragraph (c)\u00a0substituted by\u00a0section\u00a010(1)(b)\u00a0of\u00a0Act\u00a030 of 2002, by\u00a0section\u00a015(b)\u00a0of\u00a0Act\u00a045 of 2003\u00a0and by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a013 of 2016\u00a0deemed effective on 1\u00a0March, 2016 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any company during every financial year of such company.<\/span><\/p>\n

<\/p>\n

(2)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0The Minister may announce in the national annual budget contemplated in\u00a0section 27(1) of the Public Finance Management Act, 1999, (Act No. 1 of 1999), that, with effect from a date or dates mentioned in that announcement, the rates of tax chargeable in respect of taxable income will be altered to the extent mentioned in the announcement.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0If the Minister makes an announcement of an alteration contemplated in paragraph (a), that alteration comes into effect on the date or dates determined by the Minister in that announcement and continues to apply for a period of 12 months from that date or those dates subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subsection (2) substituted by section 6 of Act 95 of 1967, section 5 of Act 103 of 1976, section 5 of Act 113 of 1977, section 4 of Act 20 of 2006, section 4 of Act 8 of 2007, section 6 of Act 15 of 2016 and section 3 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (7) added by section 6 of Act 88 of 1965, substituted by section 7 of Act 55 of 1966, deleted by section 5 of Act 65 of 1973, inserted by section 5 of Act 103 of 1976 and substituted by section 271 of Act 28 of 2011 and deleted by section 6 of Act 15 of 2016 efffective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 For the purposes of subsection (10) \u201cspecial remuneration\u201d means any amount received by or accrued to any mineworker over and above his normal remuneration and any regular allowance, in respect of special services rendered by him (otherwise than in the course of his normal duties) in combating any fire, flood, subsidence or other disaster in a mine or in rescuing persons trapped in a mine or in performing any hazardous task during any emergency in a mine, if such services are rendered by him as a member of a team recognized by the management of the mine and the members of such team have been appointed for the purpose of rendering such services.<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0 Where any taxpayer\u2019s income includes any special remuneration, or where the provisions of paragraph 15<\/a>(3), 17<\/a> or 19<\/a>(1) of the First Schedule<\/a> are applicable in the case of the taxpayer in respect of any year of assessment, the normal tax (excluding tax on any lump sum benefit or severance benefit) payable by the taxpayer in respect of such year (as determined before the deduction of any rebate) shall be determined in accordance with the formula-<\/span><\/p>\n

<\/p>\n

Y = (\u00a0\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 A \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0<\/u>\u00a0) x B<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0B + D \u2013 C<\/p>\n

<\/p>\n

in which formula-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2018Y\u2019 represents the amount of normal tax to be determined;<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 \u2018A\u2019 represents the amount of normal tax (as determined before the deduction of any rebate) calculated at the full rate of tax chargeable for the said year in respect of taxable income equal to the amount represented by the expression \u2018B + D \u2013 C\u2019 in the formula;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u2018B\u2019 represents the taxpayer\u2019s taxable income (excluding any lump sum benefit or severance benefit) for the said year;<\/span><\/p>\n

[Paragraph (c) substituted by section 3 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2018C\u2019 represents an amount equal to the sum of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the amount of any special remuneration (as defined in subsection (9)) which is included in the taxpayer\u2019s income for the said year;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where the provisions of paragraph 15<\/a>(3) of the First Schedule<\/a> are in the case of the taxpayer applicable in respect of the said year, an amount determined in accordance with those provisions as being the amount, if any, by which the taxable income derived by the taxpayer during the said year from the disposal of plantations and forest produce exceeds the annual average taxable income derived by the taxpayer from that source over the three years of assessment immediately preceding the said year;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 where the provisions of paragraph 17<\/a> of the First Schedule<\/a> are in the case of the taxpayer applicable in respect of the said year, an amount equal to so much of the taxable income of the taxpayer for such year as has been derived from the disposal of sugar cane as a result of fire in the taxpayer\u2019s cane fields and but for such fire would not have been derived by the taxpayer in that year; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 where the provisions of subparagraph (1) of paragraph 19<\/a> of the First Schedule<\/a> are in the case of the taxpayer applicable in respect of the said year, the amount by which the taxpayer\u2019s taxable income derived from farming for that year exceeds the taxpayer\u2019s average taxable income from farming as determined in relation to that year in accordance with subparagraph (2) of the said paragraph; and<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u2018D\u2019 represents an amount equal to so much of any current contribution to a pension fund, provident fund or retirement annuity fund as is allowable as a deduction in terms of section 11F<\/a> solely by reason of the inclusion in the taxpayer\u2019s income of any amount contemplated in paragraph (d)(i), (ii), (iii) or (iv):<\/span><\/p>\n

[Paragraph (e) substituted by section 5 of Act 31 of 2013 effective on 1 March 2015 \u2013 comes into operation in terms of section 5 of Act 31 of 2013 effective on 1 March 2015, substituted by section 120 of Act 43 of 2014, effective on 1 March 2016, and operation date in terms of section 120 of Act 43 of 2014 effective on 1 March 2016, repealed by section 156 of Act 25 of 2015 effective on 20 January 2015, and section 3 of Act 17 of 2017 effective on 1 March 2016]<\/span><\/p>\n

<\/p>\n

Provided that in no case shall the amount of normal tax so payable be less than the amount of normal tax which would be chargeable at the relevant rate fixed in terms of subsection (2) in respect of the first rand of taxable income, and nothing in this section contained shall be construed as relieving any person from liability for taxation under this Act upon any portion of that person\u2019s taxable income.<\/p>\n","post_title":"Section 5 (ITA) - Levy of normal tax and rates thereof","collection_order":172,"collection":597,"post_modified":"2021-04-06 09:59:43","post_date":"2021-04-04 14:25:29"},{"ID":"319","post_content":"

6. \u00a0 \u00a0 Normal tax rebates<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 In determining the normal tax payable by any natural person, other than normal tax in respect of any retirement fund lump sum benefit, retirement fund lump sum withdrawal benefit or severance benefit, there must be deducted an amount equal to the sum of the amounts allowed to the natural person by way of rebates under subsection (2).<\/span><\/p>\n

[Subsection (1) substituted by section 4 of Act 90 of 1988, section 4 of Act 70 of 1989, section 4 of Act 129 of 1991, section 5 of Act 21 of 1995, section 5 of Act 8 of 2007, section 7 of Act 60 of 2008, section 9 of Act 24 of 2011\u00a0and\u00a0section 4 of Act 25 of 2015 and section 7 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 In the case of a natural person there shall, subject to the provisions of subsection (4), be allowed by way of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a primary rebate, an amount of R17 235;<\/span><\/p>\n

[Paragraph (a)\u00a0amended by\u00a0section\u00a04\u00a0of\u00a0Act\u00a036 of 1996, by\u00a0section\u00a03\u00a0of\u00a0Act 28 of 1997, by\u00a0section\u00a022(a)\u00a0of\u00a0Act\u00a030 of 1998, by\u00a0section\u00a05(a)\u00a0of\u00a0Act\u00a032 of 1999, by\u00a0section\u00a015(a)\u00a0of\u00a0Act\u00a030 of 2000, by\u00a0section\u00a06(a)\u00a0of\u00a0Act\u00a019 of 2001, by\u00a0section\u00a011\u00a0of\u00a0Act\u00a030 of 2002, substituted by\u00a0section\u00a035\u00a0of\u00a0Act\u00a012 of 2003, by\u00a0section\u00a06\u00a0of\u00a0Act\u00a016 of 2004, by\u00a0section\u00a03\u00a0of\u00a0Act\u00a09 of 2005, amended by\u00a0section\u00a020\u00a0of\u00a0Act 9 of 2006, by\u00a0section\u00a02(2)(a)\u00a0of\u00a0Act\u00a08 of 2007, by\u00a0section\u00a01(2)(a)\u00a0of\u00a0Act\u00a03 of 2008, by\u00a0section\u00a06(3)\u00a0of\u00a0Act\u00a017 of 2009, by\u00a0section\u00a05(3)\u00a0of\u00a0Act\u00a07 of 2010, by\u00a0section\u00a06(3)\u00a0of\u00a0Act\u00a024 of 2011, by\u00a0section\u00a09(1)(b)\u00a0of\u00a0Act\u00a024 of 2011\u00a0and substituted by\u00a0section\u00a02(1)\u00a0of\u00a0Act\u00a013 of 2012, by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a023 of 2013, by\u00a0section\u00a03(1)\u00a0of\u00a0Act\u00a042 of 2014, by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a013 of 2015, by\u00a0section\u00a05(1)\u00a0of\u00a0Act\u00a013 of 2016, by\u00a0section\u00a04(1)\u00a0of\u00a0Act 14 of 2017, by\u00a0section\u00a03(1)\u00a0of\u00a0Act 21 of 2018, by\u00a0section\u00a02(1)\u00a0of\u00a0Act 32 of 2019, by\u00a0section\u00a03(1)\u00a0of\u00a0Act\u00a022 of 2020, by\u00a0section\u00a02(1)\u00a0of\u00a0Act\u00a019 of 2021, by\u00a0section\u00a02(1)\u00a0of\u00a0Act\u00a019 of 2022\u00a0and by\u00a0section 3(1)\u00a0of\u00a0Act 19 of 2023\u00a0effective on 1\u00a0March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a secondary rebate, if the taxpayer was or, had he or she lived, would have been 65 years of age or older on the last day of the year of assessment, an amount of R9 444; and<\/span><\/span><\/p>\n

[Paragraph (b)\u00a0amended by\u00a0section\u00a022(b)\u00a0of\u00a0Act\u00a030 of 1998, by\u00a0section\u00a05(b)\u00a0of\u00a0Act\u00a032 of 1999, by\u00a0section\u00a015(b)\u00a0of\u00a0Act\u00a030 of 2000, by\u00a0section\u00a06(b)\u00a0of\u00a0Act\u00a019 of 2001, substituted by\u00a0section\u00a035\u00a0of\u00a0Act\u00a012 of 2003, by\u00a0section\u00a06\u00a0of\u00a0Act\u00a016 of 2004, by\u00a0section\u00a03\u00a0of\u00a0Act\u00a09 of 2005, amended by\u00a0section\u00a02(2)(a)\u00a0of\u00a0Act\u00a08 of 2007, by\u00a0section\u00a01(2)(a)\u00a0of\u00a0Act\u00a03 of 2008, by\u00a0section\u00a06(3)\u00a0of\u00a0Act\u00a017 of 2009, by\u00a0section\u00a05(3)\u00a0of\u00a0Act\u00a07 of 2010, by\u00a0section\u00a06(3)\u00a0of\u00a0Act\u00a024 of 2011, by\u00a0section\u00a09(1)(c)\u00a0of\u00a0Act\u00a024 of 2011\u00a0and substituted by\u00a0section\u00a02(1)\u00a0of\u00a0Act\u00a013 of 2012, by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a023 of 2013, by\u00a0section\u00a03(1)\u00a0of\u00a0Act\u00a042 of 2014, by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a013 of 2015, by\u00a0section\u00a04(1)\u00a0of\u00a0Act 14 of 2017, by\u00a0section\u00a03(1)\u00a0of\u00a0Act 21 of 2018, by\u00a0section\u00a02(1)\u00a0of\u00a0Act 32 of 2019, by\u00a0section\u00a03(1)\u00a0of\u00a0Act\u00a022 of 2020, by\u00a0section\u00a02(1)\u00a0of\u00a0Act\u00a019 of 2021, by\u00a0section\u00a02(1)\u00a0of\u00a0Act\u00a019 of 2022\u00a0and by\u00a0section 3(1)\u00a0of\u00a0Act 19 of 2023\u00a0effective on 1\u00a0March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a tertiary rebate if the taxpayer was or, had he or she lived, would have been 75 years of age or older on the last day of the year of assessment, an amount of R3 145.<\/span><\/span><\/p>\n

[Subsection (2)\u00a0amended by\u00a0section 5(a)\u00a0and\u00a0(b)\u00a0of\u00a0Act 91 of 1982, by\u00a0section\u00a04\u00a0of\u00a0Act\u00a0121 of 1984, by\u00a0section 3(a)\u00a0and\u00a0(b)\u00a0of\u00a0Act 96 of 1985, by\u00a0section\u00a04\u00a0of\u00a0Act\u00a085 of 1987, by\u00a0section\u00a04(b)\u00a0and\u00a0(c)\u00a0of\u00a0Act 90 of 1988, substituted by\u00a0section\u00a04(1)(a)\u00a0of\u00a0Act\u00a070 of 1989, amended by\u00a0section 3(a),\u00a0(b)\u00a0and\u00a0(c)\u00a0of\u00a0Act\u00a0101 of 1990, by\u00a0section\u00a04(b),\u00a0(c),\u00a0(d)\u00a0and\u00a0(e)\u00a0of\u00a0Act\u00a0129 of 1991, by\u00a0section\u00a04(a),\u00a0(b)\u00a0and\u00a0(c)\u00a0of\u00a0Act\u00a0141 of 1992\u00a0and substituted by\u00a0section 5(a)\u00a0of\u00a0Act\u00a021 of 1995.\u00a0Paragraph (c)\u00a0added by\u00a0section\u00a09(1)(d)\u00a0of\u00a0Act\u00a024 of 2011\u00a0and substituted by\u00a0section\u00a02(1)\u00a0of\u00a0Act\u00a013 of 2012, by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a023 of 2013, by\u00a0section\u00a03(1)\u00a0of\u00a0Act\u00a042 of 2014, by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a013 of 2015, by\u00a0section\u00a04(1)\u00a0of\u00a0Act 14 of 2017, by\u00a0section\u00a03(1)\u00a0of\u00a0Act 21 of 2018, by\u00a0section\u00a02(1)\u00a0of\u00a0Act 32 of 2019, by\u00a0section\u00a03(1)\u00a0of\u00a0Act\u00a022 of 2020, by\u00a0section\u00a02(1)\u00a0of\u00a0Act\u00a019 of 2021, by\u00a0section\u00a02(1)\u00a0of\u00a0Act\u00a019 of 2022\u00a0and by\u00a0section 3(1)\u00a0of\u00a0Act 19 of 2023\u00a0effective on 1\u00a0March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n


<\/span><\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where the period assessed is less than 12 months, the amount to be allowed by way of a rebate under subsection (2) shall be such amount as bears to the full amount of such rebate, the same ratio as the period assessed bears to 12 months.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (5) added by section 8 of Act 7 of 2010, substituted by section 9 of Act 24 of 2011 and deleted by section 4 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(6)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0The Minister may announce in the national annual budget contemplated in\u00a0section 27(1) of the Public Finance Management Act, that, with effect from a date or dates mentioned in that announcement, the amounts allowed to a natural person by way of rebates under subsection (2) will be altered to the extent mentioned in the announcement.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0If the Minister makes an announcement of an alteration contemplated in paragraph (a), that alteration comes into effect on the date or dates determined by the Minister in that announcement and continues to apply for a period of 12 months from that date or those dates, subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subsection (6) added by section 4 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Section 6 (ITA) - Normal tax rebates","collection_order":173,"collection":597,"post_modified":"2024-01-10 20:21:18","post_date":"2015-10-15 12:15:16"},{"ID":"321","post_content":"

6A.\u00a0\u00a0\u00a0\u00a0\u00a0 Medical scheme fees tax credit<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0In determining the normal tax payable by any natural person there must be deducted an amount, to be known as the medical scheme fees tax credit, equal to the sum of the amounts allowed to that natural person by way of rebates under subsection (2) , subject to subsection (3A).<\/span><\/p>\n

[Subsection (1) substituted by section 8 of Act 15 of 2016 and section 5 of Act 23 of 2018 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(2)<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The medical scheme fees tax credit applies in respect of fees paid by the\u00a0 person to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a medical scheme registered under the Medical Schemes Act; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a fund which is registered under any similar provision contained in the laws of any other country where the medical scheme is registered, that relate to benefits from that fund in respect of that person or of any person that is a dependant of that person.<\/span><\/p>\n

[Subparagraph (ii) amended by section 5 of Act 23 of 2018 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The amount of the medical scheme fees tax credit must be-<\/span><\/p>\n

<\/p>\n

(i)<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0R364, in respect of benefits to the person, or if the person is not a member of a medical scheme or fund in respect of benefits to a dependant who is a member of a medical scheme or fund or a dependant of a member of a medical scheme or fund;<\/span><\/span><\/p>\n


<\/p>\n

(bb)\u00a0\u00a0\u00a0R728, in respect of benefits to the person, and one dependant; or<\/span><\/span><\/p>\n


<\/p>\n

(cc)\u00a0\u00a0\u00a0R728, in respect of benefits to two dependants; and<\/span><\/span><\/p>\n

[Subparagraph\u00a0(i), (previously subparagraphs. (i),\u00a0(ii)\u00a0and part of (iii)) substituted by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a042 of 2014, by\u00a0section\u00a05(1)\u00a0of\u00a0Act\u00a013 of 2015, by\u00a0section\u00a06(1)\u00a0of\u00a0Act\u00a013 of 2016, by\u00a0section\u00a05(1)\u00a0of\u00a0Act 14 of 2017, by\u00a0section\u00a04(1)\u00a0of\u00a0Act 21 of 2018, by\u00a0section\u00a05(1)(c)\u00a0of\u00a0Act 23 of 2018, by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a022 of 2020, by\u00a0section\u00a03(1)\u00a0of\u00a0Act\u00a019 of 2021, by\u00a0section\u00a03(1)\u00a0of\u00a0Act\u00a019 of 2022\u00a0and by\u00a0section 4(1)\u00a0of\u00a0Act 19 of 2023\u00a0effective on 1\u00a0March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0R246, in respect of benefits to each additional dependant,<\/span><\/span><\/p>\n

[Subparagraph\u00a0(ii)\u00a0(previously part of\u00a0subparagraph\u00a0(iii)) substituted\u00a0section\u00a04(1)\u00a0of\u00a0Act 21 of 2018, by\u00a0section\u00a05(1)(c)\u00a0of\u00a0Act 23 of 2018, by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a022 of 2020, by\u00a0section\u00a03(1)\u00a0of\u00a0Act\u00a019 of 2021, by\u00a0section\u00a03(1)\u00a0of\u00a0Act\u00a019 of 2022\u00a0and by\u00a0section 4(1)\u00a0of\u00a0Act 19 of 2023\u00a0effective on 1\u00a0March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

for each month in that year of assessment in respect of which those fees are paid.<\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 For the purposes of this section, any amount contemplated in subsection (2) that has been paid by-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the estate of a deceased person is deemed to have been paid by the\u00a0 person on the day before his or her death; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an employer of the person is, to the extent that the amount has been included in the income of that\u00a0 person as a taxable benefit in terms of the Seventh Schedule, deemed to have been paid by that\u00a0 person.<\/span><\/p>\n

<\/p>\n

(3A)\u00a0\u00a0 Where more than one person pay any fees in respect of benefits to a person or dependant, the amount allowed to be deducted in respect of the medical scheme fees tax credit under subsection (1) must be an amount that bears to the total amount in respect of that person or dependant contemplated in subsection (2)(b) the same ratio as the amount of the fees paid by that person bears to the total amount of the fees payable.<\/span><\/p>\n

[Subsection (3A) inserted by section 5 of Act 23 of 2018 effective on\u00a01 March 2018 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this section a \u2018dependant\u2019<\/strong> in relation to a person means a \u2018dependant\u2019<\/strong> as defined in section 6B<\/a>(1).<\/span><\/p>\n

[Subsection (4) substituted by\u00a0section 5 of Act 23 of 2018 effective on\u00a01 March 2018 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(5)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0The Minister may announce in the national annual budget contemplated in\u00a0section 27(1) of the Public Finance Management Act, that, with effect from a date or dates mentioned in that announcement, the amounts allowed to a natural person by way of rebates under subsection (2) will be altered to the extent mentioned in the announcement.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0If the Minister makes an announcement of an alteration contemplated in paragraph (a), that alteration comes into effect on the date or dates determined by the Minister in that announcement and continues to apply for a period of 12 months from that date or those dates subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subsection (5) added by section 5 of Act 23 of 2018\u00a0and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Section 6A (ITA) - Medical scheme fees tax credit","collection_order":174,"collection":597,"post_modified":"2024-01-10 20:24:02","post_date":"2015-04-01 12:49:02"},{"ID":"323","post_content":"

6B.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Additional medical expenses tax credit<\/span><\/strong><\/p>\n","post_title":"Section 6B (ITA) - Additional medical expenses tax credit","collection_order":175,"collection":597,"post_modified":"2019-02-09 22:43:45","post_date":"2015-04-01 12:51:47"},{"ID":"327","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/p>\n

\u00a0<\/p>\n

\u2018child\u2019<\/strong> means a person\u2019s child or child of his or her spouse who was alive during any portion of the year of assessment, and who on the last day of the year of assessment-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 was unmarried and was not or would not, had he or she lived, have been-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 over the age of 18 years;<\/span><\/p>\n


<\/span><\/p>\n

(ii) \u00a0 \u00a0 over the age of 21 years and was wholly or partially dependent for maintenance upon the person and has not become liable fo the payment of normal tax in respect of such year; or<\/span><\/p>\n


<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 over the age of 26 years and was wholly or partially dependent for maintenance upon the person and has not become liable for the payment of normal tax in respect of such year and was a full-time student at an educational institution of a public character; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of any other child, was incapacitated by a disability from maintaining himself or herself and was wholly or partially dependent for maintenance upon the person and has not become liable for the payment of normal tax in respect of that year;<\/span><\/p>\n","post_title":"\"Child\" definition of section 6B of ITA","collection_order":176,"collection":597,"post_modified":"2019-02-09 22:43:37","post_date":"2015-04-01 12:56:01"},{"ID":"329","post_content":"

\u2018dependant\u2019<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a person\u2019s spouse;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a person\u2019s child and the child of his or her spouse;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any other member of a person\u2019s family in respect of whom he or she is liable for family care and support; or<\/span><\/span><\/p>\n

[Paragraph (c) amended by section 6 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any other person who is recognised as a dependant of that person in terms of the rules of a medical scheme or fund contemplated in section 6A<\/a>(2)(a) (i) or (ii),<\/span><\/p>\n

<\/p>\n

at the time the fees contemplated in section 6A<\/a>(2)(a) were paid, the amounts contemplated in paragraph (a) and (b) of the definition of \u2018qualifying medical expenses\u2019 were paid or the expenditure contemplated in paragraph (c) of that definition was incurred and paid;<\/p>\n","post_title":"\"Dependent\" definition of section 6B of ITA","collection_order":177,"collection":597,"post_modified":"2021-04-06 12:09:23","post_date":"2015-04-01 13:01:40"},{"ID":"331","post_content":"

\u2018disability\u2019<\/strong> means a moderate to severe limitation of any person\u2019s ability to function or perform daily activities as a result of a physical, sensory, communication, intellectual or mental impairment, if the limitation-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 has lasted or has a prognosis of lasting more than a year; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is diagnosed by a duly registered medical practitioner in accordance with criteria prescribed by the Commissioner;<\/span><\/p>\n","post_title":"\"Disability\" definition of section 6B of ITA","collection_order":178,"collection":597,"post_modified":"2019-02-09 22:43:30","post_date":"2015-04-01 13:00:58"},{"ID":"334","post_content":"

\u2018qualifying medical expenses\u2019<\/strong> means-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any amounts (other than amounts recoverable by a person or his or her spouse) which were paid by the person during the year of assessment to any duly registered-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 medical practitioner, dentist, optometrist, homeopath, naturopath, osteopath, herbalist, physiotherapist, chiropractor or orthopedist for professional services rendered or medicines supplied to the person or any dependant of the person;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 nursing home or hospital or any duly registered or enrolled nurse, midwife or nursing assistant (or to any nursing agency in respect of the services of such a nurse, midwife or nursing assistant) in respect of the illness or confinement of the person or any dependant of the person; or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 pharmacist for medicines supplied on the prescription of any person mentioned in subparagraph (i) for the person or any dependant of the person;<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amounts (other than amounts recoverable by a person or his or her spouse) which were paid by the person during the year of assessment in respect of expenditure incurred outside the Republic on services rendered or medicines supplied to the person or any dependant of the person, and which are substantially similar to the services and medicines contemplated in\u00a0\u00a0 paragraph (a); and<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any expenditure that is prescribed by the Commissioner (other than expenditure recoverable by a person or his or her spouse) necessarily incurred and paid by the person during the year of assessment in consequence of any physical impairment or disability suffered by the person or any dependant of the person.<\/span><\/p>\n","post_title":"\"Qualifying medical expenses\" definition of section 6B of ITA","collection_order":179,"collection":597,"post_modified":"2019-02-09 21:49:07","post_date":"2015-10-15 12:15:16"},{"ID":"336","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0In determining the normal tax payable by any natural person there must be deducted an amount, to be known as the additional medical scheme fees tax credit, equal to the sum of the amounts allowed to that natural person by way of rebates under subsection (3).<\/span><\/p>\n

[Subsection (2) substituted by section 9 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 The amount of the additional medical expenses tax credit must be-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the person is entitled to a rebate under section 6<\/a>(2)(b),the aggregate of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 33,3 per cent of so much of the amount of the fees paid by the person to a medical scheme or fund contemplated in section 6A(2)(a) as exceeds three times the amount of the medical scheme fees tax credit to which that person is entitled under section 6A<\/a>(2)(b); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 33,3 per cent of the amount of qualifying medical expenses paid by the person;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the person, his or her spouse or his or her child is a person with a disability, the aggregate of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 33,3 per cent of so much of the amount of the fees paid by the person to a medical scheme or fund contemplated in section 6A(2)(a) as exceeds three times the amount of the medical scheme fees tax credit to which that person is entitled under section 6A<\/a>(2)(b); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 33,3 per cent of the amount of qualifying medical expenses paid by the person; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in any other case, if the aggregate of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the amount of the fees paid by the person to a medical scheme or fund contemplated in section 6A<\/a>(2)(a) as exceeds four times the amount of the medical scheme fees tax credit to which that person is entitled under section 6A<\/a>(2)(b); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the amount of qualifying medical expenses paid by the person,<\/span><\/p>\n

<\/p>\n

exceeds 7,5 per cent of the person\u2019s taxable income (excluding any retirement fund lump sum benefit, retirement fund lump sum withdrawal benefit and severance benefit), 25 per cent of the excess.<\/p>\n

[Paragraph (c) substituted by section 3 of Act 43 of 2014 effective on 1 March 2014]<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 For the purposes of this section, any amount contemplated in subsection (3) or the definition of \u2018qualifying medical expenses\u2019 that has been paid by-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the estate of a deceased person is deemed to have been paid by the person on the day before his or her death; or<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 an employer of the person is, to the extent that the amount has been included in the income of that person as a taxable benefit in terms of the Seventh Schedule, deemed to have been paid by that person.<\/span><\/p>\n

<\/p>\n

(5)<\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0The Minister may announce in the national annual budget contemplated in\u00a0section 27(1) of the Public Finance Management Act, that, with effect from a date or dates mentioned in that announcement, the amounts allowed to a natural person by way of rebates under subsection (3) will be altered to the extent mentioned in the announcement.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0If the Minister makes an announcement of an alteration contemplated in paragraph (a), that alteration comes into effect on the date or dates determined by the Minister in that announcement and continues to apply for a period of 12 months from that date or those dates subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subsection (5) added by section 6 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Subsection 2, 3, 4 of section 6B of ITA","collection_order":180,"collection":597,"post_modified":"2020-05-27 19:23:22","post_date":"2015-10-15 12:15:16"},{"ID":"24321","post_content":"

6C\u00a0\u00a0\u00a0\u00a0\u00a0Solar energy tax credit<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0In determining the normal tax payable by any natural person, there must, subject to subsection (4), be deducted an amount to be known as the solar energy tax credit, equal to the amount of the rebate determined under subsection (2).<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(2)<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a) \u00a0\u00a0\u00a0\u00a0The solar energy tax credit applies in respect of the cost actually incurred by the natural person-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0for the acquisition of any new and unused solar photovoltaic panels, the generation capacity of each being not less than 275W; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0 if the solar photovoltaic panels referred to in subparagraph (i) are brought into use for the first time, by that person on or after 1 March 2023 and before 1 March 2024.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0The amount of the solar energy tax credit allowed to the natural person referred to in paragraph (a) must-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0be 25 per cent of the actual cost of the solar photovoltaic panels described in paragraph (a); and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in aggregate be limited to an amount not exceeding R15 000.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(3) \u00a0\u00a0\u00a0\u00a0A solar energy tax credit will be allowed under subsection (1) only if-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the solar panels are installed and mounted on or affixed to a residence mainly used for domestic purposes by the natural person referred to in subsection (2)(a);<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the installation is connected to the distribution board of such residence; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0an electrical certificate of compliance contemplated in the Electrical Installation Regulations, 2009, is issued in respect of the installation referred to in paragraph (a).<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(4) \u00a0\u00a0\u00a0\u00a0No deduction shall be allowed under this section on any asset in respect of which a deduction has been allowed to the taxpayer under section 12B<\/a> or 12BA<\/a>.<\/span><\/span><\/p>\n

[Section 6C\u00a0inserted by\u00a0section 2(1)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Section 6C (ITA) - Solar energy tax credit","collection_order":181,"collection":597,"post_modified":"2024-01-16 08:57:13","post_date":"2024-01-10 19:23:53"},{"ID":"338","post_content":"

6quat. \u00a0 \u00a0Rebate or deduction in respect of foreign taxes on income<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to subsection (2), where the taxable income of any resident during a year of assessment includes-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any income received by or accrued to such resident from any source outside the Republic; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any proportional amount contemplated in section 9D<\/a>; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c) \u00a0 \u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d) \u00a0 \u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/strong><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any taxable capital gain contemplated in section 26A<\/a>, from a source outside the Republic; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 any amount-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 contemplated in paragraph (a) or (b) which is received by or accrued to any other person and which is deemed to have been received by or accrued to such resident in terms of section 7<\/a>;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 of capital gain of any other person from a source outside the Republic and which is attributed to that resident in terms of paragraph 68<\/a>, 69<\/a>, 70<\/a>, 71<\/a>, 72<\/a> or 80<\/a> of the Eighth Schedule<\/a>; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 contemplated in paragraphs (a), (b) or (e) which represents capital of a trust, and which is included in the income of that resident in terms of section 25B<\/a>(2A) or taken into account in determining the aggregate capital gain or aggregate capital loss of that resident in terms of paragraph 80<\/a>(3) of the Eighth Schedule<\/a>,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

in determining the normal tax payable in respect of that taxable income there must be deducted a rebate determined in accordance with this section.<\/p>\n

[Words following paragraph (f) substituted by section 10 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(1A)\u00a0 For the purposes of subsection (1), the rebate shall be an amount equal to the sum of any taxes on income proved to be payable to any sphere of government of any country other than the Republic, without any right of recovery by any person (other than a right of recovery in terms of any entitlement to carry back losses arising during any year of assessment to any year of assessment prior to such year of assessment), by-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such resident in respect of-<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any income contemplated in subsection (1)(a); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 any amount of taxable capital gain as contemplated in subsection (1)(e); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any controlled foreign company, in respect of such proportional amount contemplated in subsection (1)(b), subject to section 72A<\/a>(3); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 any other person contemplated in subsection (1)(f)(i) or (ii) or any trust contemplated in subsection (1)(f)(iii), in respect of the amount included in the taxable income of that resident as contemplated in subsection (1)(f),<\/span><\/p>\n

\u00a0<\/span><\/p>\n

which is so included in that resident\u2019s taxable income: Provided that-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where such resident is a member of any partnership or a beneficiary of any trust and such partnership or trust is liable for tax as a separate entity in such other country, a proportional amount of any tax payable by such entity, which is attributable to the interest of such resident in such partnership or trust, shall be deemed to have been payable by such resident; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 for the purposes of this subsection, the amount so included in such resident\u2019s taxable income must be determined without regard to section 10B<\/a>(3).<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(1B)\u00a0\u00a0 Notwithstanding the provisions of subsection (1A)-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the rebate or rebates of any tax proved to be payable as contemplated in subsection (1A), shall not in aggregate exceed an amount which bears to the total normal tax payable the same ratio as the total taxable income attributable to the income, proportional amount, taxable capital gain or amount, as the case may be, which is included as contemplated in subsection (1), bears to the total taxable income:<\/span><\/p>\n

\u00a0<\/span><\/p>\n

Provided that \u2013<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in determining the amount of the taxable income that is attributable to that income, proportional amount, taxable capital gain or amount-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0any allowable deductions contemplated in sections 11F<\/a>\u00a0and\u00a018A<\/a>\u00a0must be deemed to have been incurred proportionately in respect of taxable income derived from sources within and outside the Republic;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0the deduction under\u00a0section 11F<\/a>\u00a0must be allocated in relation to the taxable income from sources within and outside the Republic before taking into account any deduction in terms of that section, subsection (1C) and\u00a0section 18A<\/a>; and<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0the deduction under section 18A<\/a>\u00a0must be allocated in relation to taxable income from sources within and outside the Republic before taking into account any deduction in terms of that section and subsection (1C);<\/span><\/p>\n

[Paragraph (i) of the proviso substituted by section 11 of Act 24 of 2011, section 4 of Act 17 of 2017 and section 7 of Act 23 of 2018 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iA)\u00a0\u00a0 the taxes contemplated in subsection (1A)(b) that are attributable to any proportional amount which-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 relates to any amount contemplated in section 9D<\/a>(9A)(a) which is not excluded from the application of section 9D<\/a>(2) in terms of that section or section 9D<\/a>(9)(b),<\/span><\/p>\n

\u00a0<\/span><\/p>\n

shall in aggregate be limited to the amount of the normal tax which is attributable to those proportional amounts;<\/p>\n

<\/p>\n

(iB)\u00a0\u00a0\u00a0 the taxes contemplated in subsection (1A)(a)(iii) which are attributable to any taxable capital gain in respect of an asset which is not attributable to a permanent establishment of the resident outside the Republic, must in aggregate be limited to the amount of normal tax which is attributable to that taxable capital gain;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where the sum of any such taxes proved to be payable (excluding any taxes contemplated in paragraphs (iA) and (iB) of this proviso) exceeds the rebate as so determined (hereinafter referred to as the excess amount), that excess amount may-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 be carried forward to the immediately succeeding year of assessment and shall be deemed to be a tax on income paid to the government of any other country in that year; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 be set off against the amount of any normal tax payable by that resident during that year of assessment in respect of any amount derived from any other country which is included in the taxable income of that resident during that year, as contemplated in subsection (1), after any tax payable to the government of any other country in respect of any amount so included during such year of assessment which may be deducted in terms of subsection (1) and (1A), has been deducted from the amount of such normal tax payable in respect of such amount so included; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 the excess amount shall not be allowed to be carried forward for more than seven years reckoned from the year of assessment when such excess amount was for the first time carried forward;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(1C)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0For the purpose of determining the taxable income derived by any resident from carrying on any trade, there may at the election of the resident be allowed as a deduction from the income of such resident so derived the sum of any taxes on income (other than taxes contemplated in subsection (1A)) paid or proved to be payable by that resident to any sphere of government of any country other than the Republic, without any right of recovery by any person other than in terms of a mutual agreement procedure in terms of an international tax agreement or a right of recovery in terms of any entitlement to carry back losses arising during any year of assessment to any year of assessment prior to such year of assessment.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0Where, during any year of assessment, any amount was deducted in terms of this\u00a0\u00a0subsection from the income of a resident and, in any year of assessment subsequent to that year of assessment, that resident receives any amount by way of refund in respect of the amount so deducted or is discharged from any liability in respect of that amount, so much of the amount so received or so much of the amount of that discharge as does not exceed that amount must be included in the income of that resident in respect of that subsequent year of assessment.<\/span><\/p>\n

[Subsection (1C) inserted by section 7 of Act 35 of 2007 and substituted by section 3 of Act 22 of 2012, section 6 of Act 25 of 2015 and section 10 of Act 15 of 2016 effective on 1 January 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(1D)\u00a0\u00a0\u00a0Notwithstanding subsection (1C), the deduction of any tax paid or proved to be payable as contemplated in that subsection shall not in aggregate exceed the total taxable income (before taking into account any such deduction) attributable to income which is subject to taxes as contemplated in that subsection: Provided that in determining the amount of the taxable income that is attributable to that income-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0any allowable deductions contemplated in\u00a0sections 11F<\/a>\u00a0and\u00a018A<\/a>\u00a0must be deemed to have been incurred proportionately in respect of attributable and non-attributable taxable income;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the deduction under\u00a0section 11F<\/a>\u00a0must be allocated in relation to the taxable income from attributable and non-attributable taxable income before taking into account any deduction in terms of that section, subsection (1C) and section 18A<\/a>; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the deduction under\u00a0section 18A<\/a>\u00a0must be allocated in relation to attributable and non-attributable taxable income before taking into account any deduction in terms of that section and subsection (1C).<\/span><\/p>\n

[Subsection (1D) inserted by section 7 of Act 35 of 2007, substituted by\u00a0section 6 of Act 25 of 2015, section 4 of Act 17 of 2017 and section 7 of Act 23 of 2018 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The rebate under subsection (1) and the deduction under subsection (1C) shall not be granted in addition to any relief to which the resident is entitled under any agreement between the governments of the Republic and the said other country for the prevention of or relief from double taxation, but may be granted in substitution for the relief to which the resident would be so entitled.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

\u201ctaxes on income\u201d<\/strong> does not include any compulsory payment to the government of any other country which constitutes a consideration for the right to extract any mineral or natural oil;<\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 For the purpose of this section the amount of any foreign tax proved to be payable as contemplated in subsection (1A) or any amount paid or proved to be payable as contemplated in subsection (1C) in respect of any amount which is included in the taxable income of any resident during any year of assessment, shall be translated to the currency of the Republic on the last day of that year of assessment by applying the average exchange rate for that year of assessment.<\/span><\/p>\n

[Subsection (4) substituted by section 9 of Act 74 of 2002, section 7 of Act 35 of 2007, section 7 of Act 18 of 2009 and section 6 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(4A)\u00a0 If the amount translated in accordance with subsection (4) includes a number of cents that is less than one rand, that amount must be rounded off to the nearest rand.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0Notwithstanding the provisions of sections 93, 99(1) and 100 of the Tax Administration Act, an additional or reduced assessment in respect of a year of assessment to give effect to subsections (1) and (1A) may be made within a period that does not exceed six years from the date of the original assessment in respect of that year.<\/span><\/span><\/p>\n

[Section\u00a06quat\u00a0inserted by\u00a0section\u00a09\u00a0of\u00a0Act 89 of 1969, repealed by\u00a0section\u00a05\u00a0of\u00a0Act 94 of 1983, inserted by\u00a0section\u00a05\u00a0of\u00a0Act 85 of 1987, amended by\u00a0section\u00a05\u00a0of\u00a0Act 28 of 1997, by\u00a0section\u00a012\u00a0of\u00a0Act 53 of 1999\u00a0and by\u00a0section\u00a016(1)\u00a0of\u00a0Act\u00a030 of 2000, substituted by\u00a0section\u00a04\u00a0of\u00a0Act\u00a059 of 2000(as amended by\u00a0section\u00a0125(1)\u00a0of\u00a0Act\u00a074 of 2002) and amended by\u00a0section\u00a07(a)\u00a0of\u00a0Act\u00a035 of 2007.\u00a0Subsection\u00a0(5)\u00a0amended by\u00a0section\u00a09(1)(m)\u00a0of\u00a0Act\u00a074 of 2002\u00a0and substituted by\u00a0section\u00a07(e)\u00a0of\u00a0Act\u00a035 of 2007, by\u00a0section\u00a011(1)(g)\u00a0of\u00a0Act\u00a024 of 2011, by\u00a0section\u00a0271\u00a0read with\u00a0paragraph 29\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011, by\u00a0section\u00a03\u00a0of\u00a0Act\u00a039 of 2013\u00a0and by\u00a0section 2\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 6quat (ITA) - Rebate or deduction in respect of foreign taxes on income","collection_order":182,"collection":597,"post_modified":"2024-01-10 20:31:02","post_date":"2015-04-01 13:07:29"},{"ID":"340","post_content":"

6quin. \u00a0 \u00a0\u00a0<\/strong>Rebate in respect of foreign taxes on income from source within Republic<\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (1) amended by section 4 of Act 22 of 2012 and section 13 of Act 24 of 2011 and deleted by section 7 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (2) deleted by section 7 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (3) amended by section 4 of Act 22 of 2012 and deleted by section 7 of Act 25 of 2015 efffective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(3A)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (3A) inserted by section 13 of Act 24 of 2011, substituted by section 4 of Act 39 of 2013 and deleted by section 7 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (4) deleted by section 7 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where, during any year of assessment, a rebate was deducted in terms of this section from the normal tax payable by a resident and, in any year of assessment subsequent to that year of assessment, that resident receives any amount by way of refund in respect of the amount so deducted or is discharged from any liability in respect of that amount, so much of the amount so received or so much of the amount of that discharge as does not exceed that rebate must be deemed to be an amount of normal tax payable by that resident in respect of that subsequent year of assessment.<\/span><\/p>\n

[Subsection (5) inserted by section 4 of Act 22 of 2012 and substituted by section 7 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"Section 6quin (ITA) - Rebate in respect of foreign taxes on income from source within Republic","collection_order":183,"collection":597,"post_modified":"2019-02-09 21:49:26","post_date":"2015-10-15 12:15:16"},{"ID":"342","post_content":"

7. \u00a0 \u00a0 When income is deemed to have accrued or to have been received<\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Income shall be deemed to have accrued to a person notwithstanding that such income has been invested, accumulated or otherwise capitalized by him or that such income has not been actually paid over to him but remains due and payable to him or has been credited in account or reinvested or accumulated or capitalized or otherwise dealt with in his name or on his behalf, and a complete statement of all such income shall be included by any person in the returns rendered by him under this Act.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Any income received by or accrued to any person married in or out of community of property (hereinafter referred to as the recipient) shall be deemed for the purposes of this Act to be income accrued to such person\u2019s spouse (hereinafter referred to as the donor) if \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such income was derived by the recipient in consequence of a donation, settlement or other disposition made by the donor on or after 20 March 1991 or of a transaction, operation or scheme entered into or carried out by the donor on or after that date, and the sole or main purpose of such donation, settlement or other disposition or of such transaction, operation or scheme was the reduction, postponement or avoidance of the donor\u2019s liability for any tax, levy or duty which, but for such donation, settlement, other disposition, transaction, operation or scheme, would have become payable by the donor under this Act or any other Act administered by the Commissioner; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 income was received by or accrued to the recipient \u2013<\/em><\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 from any trade carried on by the recipient in partnership or association with the donor or which is in any way connected with any trade carried on by the donor; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 from the donor or any partnership of which the donor was at the time of such receipt or accrual a member or any private company of which the donor was at such time the sole or main holder of shares or one of the principal holders of of share,<\/span><\/p>\n

<\/p>\n

and such income represents the whole or any portion of the total income so received by or accrued to the recipient which exceeds the amount of income to which the recipient would reasonably be entitled having regard to the nature of the relevant trade, the extent of the recipient\u2019s participation therein, the services rendered by the recipient or any other relevant factor; or<\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(2A)\u00a0 In the case of spouses who are married in community of property \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 any income (other than income derived from the letting of fixed property) which has been derived from the carrying on of any trade shall, if such trade is carried on \u2013<\/em><\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by only one of the spouses, be deemed to have accrued to that spouse; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 jointly by both spouses, be deemed, subject to the provisions of subsection (2) (b), to have accrued to both spouses in the proportions determined by them in terms of the agreement that regulates their joint trade or, if there is no such agreement, in the proportion to which each spouse would reasonably be entitled having regard to the nature of the relevant trade, the extent of each spouse\u2019s participation therein, the services rendered by each spouse or any other relevant factor; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any income derived from the letting of fixed property and any income derived otherwise than from the carrying on of any trade shall be deemed to have accrued in equal shares to both spouses: Provided that any such income which does not fall into the joint estate of the spouses shall be deemed to be income accrued to the spouse who is entitled thereto.<\/span><\/p>\n

<\/p>\n

(2B)\u00a0\u00a0 So much of any deduction or allowance which may be made under the provisions of this Act in the determination of the taxable income derived from any income referred to in subsections (2) and (2A) as relates to any portion of such income which is under the provisions of that subsection deemed to be income accrued to a spouse shall be deemed to be a deduction or allowance which may be made in the determination of the taxable income of such spouse.<\/span><\/p>\n

<\/p>\n

(2C)\u00a0\u00a0 For the purposes of subsection (2A) \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any benefit paid or payable to a spouse in his or her capacity as a member or past member of a pension fund, pension preservation fund, provident fund, provident preservation fund, benefit fund, retirement annuity fund or any other fund of a similar nature shall be deemed to be income derived by such spouse from a trade carried on by him or her;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any annuity amount (as defined in section 10A<\/a>) paid or payable to a spouse shall be deemed to be income derived by such spouse from a trade carried on by him; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 where any spouse is the \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 registered holder of a patent as defined in the Patents Act or any design as defined in the Designs Act or any trade mark as defined in the Trade Marks Act; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 author of a work on which copyright has been conferred in terms of the Copyright Act or the owner of such a copyright by reason of assignment, testamentary disposition or operation of law; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 holder of any other property or right of a similar nature,<\/span><\/p>\n

<\/p>\n

any income derived from the grant of the right of use of such patent, design, trade mark, copyright or other property or right shall be deemed to be income derived by such spouse from a trade carried on by him.<\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Income shall be deemed to have been received by the parent of any minor child or stepchild, if by reason of any donation, settlement or other disposition made by that parent of that child \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 it has been received by or has accrued to or in favour of that child or has been expended for the maintenance, education or benefit of that child; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 it has been accumulated for the benefit of that child.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Any income received by or accrued to or in favour of any minor child or stepchild of any person, by reason of any donation, settlement or other disposition made by any other person, shall be deemed to be the income of the parent of that child, if such parent or his or her spouse has made a donation, settlement or other disposition or given some other consideration in favour directly or indirectly of the said other person or his or her family.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 If any person has made any donation, settlement or other disposition which is subject to a stipulation or condition, whether made or imposed by such person or anybody else, to the effect that the beneficiaries thereof or some of them shall not receive the income or some portion of the income thereunder until the happening of some event, whether fixed or contingent, so much of any income as would, but for such stipulation or condition, in consequence of the donation, settlement or other disposition be received by or accrue to or in favour of the beneficiaries, shall, until the happening of that event or the death of that person, whichever first takes place, be deemed to be the income of that person.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 If any deed of donation, settlement or other disposition contains any stipulation that the right to receive any income thereby conferred may, under powers retained by the person by whom that right is conferred, be revoked or conferred upon another, so much of any income as in consequence of the donation, settlement or other disposition is received by or accrues to or in favour of the person on whom that right is conferred, shall be deemed to be the income of the person by whom it is conferred, so long as he retains those powers.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 If by reason of any donation, settlement or other disposition made, whether before or after the commencement of this Act, by any person (hereinafter referred to as the donor) \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the donor\u2019s right to receive or have paid to him or for his benefit any amount by way of rent, dividend, foreign dividend, interest, royalty or similar income in respect of any movable or immovable property (including without limiting the foregoing any lease, company share, marketable security, deposit, loan, copyright, design or trade mark) or in respect of the use of, or the granting of permission to use, such property, is ceded or otherwise made over to any other person or to a third party for that other person\u2019s benefit in such manner that the donor remains the owner of or retains an interest in the said property or if the said property or interest is transferred, delivered or made over to the said other person or to a third party for the said other person\u2019s benefit, in such manner that the donor is or will at a fixed or determinable time be entitled to regain ownership of or the interest in the said property; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the donor\u2019s right to receive or have paid to him or for his benefit any income that is or may become due to him by any other person acting in a fiduciary capacity is ceded or otherwise made over to any other person or to a third party for that other person\u2019s benefit in such manner that the donor is or will at a determinable time be entitled to regain the said right,<\/span><\/p>\n

<\/p>\n

any such rent, dividend, foreign dividend, interest, royalty or income (including any amount which, but for this subsection, would have been exempt from tax in the hands of the said other person) as is received by or accrues to or for the benefit of the said other person on or after 1 July 1983 and which would otherwise, but for the said donation, settlement or other disposition, have been received by or have accrued to or for the benefit of the donor, shall be deemed to have been received by or to have accrued to the donor.<\/p>\n

<\/p>\n

(8)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Whereby reason of or in consequence of any donation, settlement or other disposition (other than a donation, settlement or other disposition to an entity which is not a resident and which is similar to a public benefit organisation contemplated in section 30<\/a>) made by any resident, any amount is received by or accrued to any person who is not a resident (other than a controlled foreign company in relation to such resident), which would have constituted income had that person been a resident, there shall be included in the income of that resident so much of that amount as is attributable to that donation, settlement or other disposition.<\/span><\/p>\n

<\/p>\n

(aA)\u00a0\u00a0In determining, for purposes of paragraph (a), whether an amount received by or that accrued to a person who is not a resident would have constituted income had that person been a resident, the provisions of\u00a0section 10B<\/a>(2)(a) must be disregarded in respect of a receipt or accrual consisting of or derived, directly or indirectly, from a foreign dividend-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0paid or payable by a company if-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0\u00a0more than 50 per cent of the total participation rights, as defined in\u00a0section 9D<\/a>(1), or of the voting rights in that company are directly or indirectly held or are exercisable, as the case may be, by that person whether alone or together with any one or more persons that are connected persons in relation to that person; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0the resident who made the donation, settlement or other disposition or any person that is a connected person in relation to that resident is a connected person in relation to the person who is not a resident; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent to which that foreign dividend is not derived from an amount that must be included in the income of or that must be attributed as a capital gain to-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0the resident who made that donation, settlement or other disposition; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0a resident who is a connected person in relation to the resident referred to in item (aa).<\/span><\/p>\n

[Paragraph (aA) inserted by section 8 of Act 23 of 2018 effective on 1 March 2019 and applies in respect of amounts received or accrued on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 So much of any expenditure, allowance or loss incurred by the person contemplated in paragraph (a) as does not exceed the amount included in the income of the resident in terms of that paragraph and which would be allowable as a deduction under this Act in the determination of the taxable income derived from that amount had that person been a resident, is deemed to be an expenditure, allowance or loss incurred by that resident for purposes of the determination of the taxable income of that resident from that amount.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 Where any asset has been disposed of for a consideration which is less than the market value of such asset, the amount by which such market value exceeds such consideration shall for the purposes of this section be deemed to be a donation.<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0 Any resident who, at any time during any year of assessment makes any donation, settlement or other disposition as contemplated in this section, shall disclose such fact to the Commissioner in writing when submitting his return of income for such year and at the same time furnish such information as may be required by the Commissioner for the purposes of this section.<\/span><\/p>\n

<\/p>\n

(11)\u00a0\u00a0 Any amount received by or accrued to any person by way of deduction from the minimum individual reserve of any other person in terms of \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 section 37D(1)(d)(iA) of the Pension Funds Act; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 section 37D(1)(e) of the Pension Funds Act to the extent that the deduction is a result of a deduction contemplated in paragraph (a),<\/span><\/p>\n

[Paragraph (b) substituted by section 8 of Act 31 of 2013 and section 4 of Act 43 of 2014 effective on 28 February 2014]<\/span><\/p>\n

<\/p>\n

shall be deemed for the purposes of this Act to be income accrued to that other person on the date of the deduction.<\/p>\n","post_title":"Section 7 (ITA) - When income is deemed to have accrued or to have been received","collection_order":184,"collection":597,"post_modified":"2021-12-25 21:12:32","post_date":"2015-10-15 12:15:16"},{"ID":"344","post_content":"

7A.\u00a0\u00a0\u00a0 Date of receipt or accrual of antedated salaries or pensions and of certain retirement <\/strong>gratuities<\/strong><\/span><\/p>\n","post_title":"Section 7A (ITA) - Date of receipt or accrual of antedated salaries or pensions and of certain retirement gratuities","collection_order":185,"collection":597,"post_modified":"2019-02-09 22:39:17","post_date":"2015-04-16 18:10:45"},{"ID":"1352","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

\u201cantedated salary or pension\u201d<\/strong> means an amount of salary or pension which has become payable to any person under a permanent grant, made with retrospective effect, of a salary or pension or of an increase in a salary or pension, and which in terms of such grant is payable in respect of a period ending on or before the date on which the grant has become effective;<\/p>\n","post_title":"\"Antedated salary or pension\" definition of section 7A of ITA","collection_order":186,"collection":597,"post_modified":"2019-02-09 22:39:33","post_date":"2015-04-16 18:07:42"},{"ID":"1354","post_content":"

\u201cpension\u201d<\/strong> means an annuity payable under any law or under the rules of a pension fund or provident fund or by an employer to a former employee of that employer or to the dependant or nominee of a deceased person who was employed by such employer;<\/p>\n","post_title":"\"Pension\" definition of section 7A of ITA","collection_order":187,"collection":597,"post_modified":"2019-02-09 22:39:23","post_date":"2015-04-16 18:08:32"},{"ID":"1356","post_content":"

\u201csalary\u201d<\/strong>\u00a0means salary, wages or similar remuneration payable by an employer to an employee, but does not include any bonus.<\/p>\n

[Definition of \u201csalary\u201d substituted by section 11 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"\"Salary\" definition of section 7A of ITA","collection_order":188,"collection":597,"post_modified":"2019-02-13 21:40:36","post_date":"2015-10-15 12:14:31"},{"ID":"1359","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Where any antedated salary or pension has been received by or has accrued to any person during any year or period of assessment and the period in respect of which such antedated salary or pension has become payable (hereinafter referred to as the accrual period) commenced before the commencement of the said year or period of assessment, such antedated salary or pension shall at the option of the taxpayer be deemed-<\/span><\/p>\n


<\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if the accrual period commenced not more than two years before the commencement of the said year or period of assessment, to have been received by or to have accrued to the said person in part during each of the years or periods of assessment in which any portion of the accrual period falls (the part of the said amount relating to any such year or period of assessment being determined on the basis of a reasonable apportionment of the whole of the said amount between all the said years or periods of assessment); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if the accrual period commenced more than two years before the commencement of the first\u2013<\/em>mentioned year or period of assessment, to have been received by or to have accrued to the said person in three equal annual instalments (the first and second instalments two years and one year respectively before the date on which the said amount accrued to the said person and the third instalment on the said date).<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where any member of the citizen force or of the commandos has bound himself to serve in such force or the commandos for a continuous period of service of at least eighteen months as contemplated in section 22 (6A) or 44 (5A) of the Defence Act, 1957 (Act No. 44 of 1957), the provisions of subsection (2) shall mutatis mutandis<\/em> apply in respect of any gratuity which has become payable to him by the State upon and by reason of the completion of such period of service, as though such gratuity were antedated salary or pension granted permanently and with retrospective effect, in respect of the said period of service.<\/span><\/p>\n","post_title":"Subsections 2 and 3 of section 7A of ITA","collection_order":189,"collection":597,"post_modified":"2019-11-06 21:12:09","post_date":"2015-04-16 18:11:28"},{"ID":"347","post_content":"

7B. \u00a0 \u00a0 Timing of accrual and incurral of variable remuneration<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 For the purposes of this section-<\/span><\/p>\n","post_title":"Section 7B (ITA) - Timing of accrual and incurral of variable remuneration","collection_order":190,"collection":597,"post_modified":"2019-02-09 22:43:10","post_date":"2015-04-14 09:26:45"},{"ID":"349","post_content":"

\u201cemployee\u201d<\/strong> means an employee as defined in paragraph 1<\/a> of the Fourth Schedule<\/a>;<\/p>\n","post_title":"\"Employee\" definition of section 7B of ITA","collection_order":191,"collection":597,"post_modified":"2019-02-09 22:42:59","post_date":"2015-04-14 09:33:26"},{"ID":"351","post_content":"

\u201cemployer\u201d<\/strong> means an employer as defined in para<\/a>graph 1<\/a> of the Fourth Schedule;<\/p>\n","post_title":"\"Employer\" definition of section 7B of ITA","collection_order":192,"collection":597,"post_modified":"2019-02-09 22:42:53","post_date":"2015-04-14 09:34:44"},{"ID":"353","post_content":"

\u201cvariable remuneration\u201d<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 overtime pay, bonus or commission contemplated in the definition of \u201cremuneration\u201d in paragraph 1 of the Fourth Schedule;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an allowance or advance paid in respect of transport expenses as contemplated in section\u00a08(1)(b)(ii) or (iii)\u037e<\/span><\/p>\n

[Paragraph (b) substituted by section 3(1)(a) of Act 34 of 2019 effective on 1 March, 2020 and applicable in respect of amounts accrued or expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any amount which an employer has during any year of assessment become liable to pay to an employee in consequence of the employee having during such year become entitled to any period of leave which had not been taken by the employee during that year.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0any night shift allowance\u037e<\/span><\/p>\n

[Paragraph (d) added by section 3(1)(b) of Act 34 of 2019 effective on 1 March, 2020 and applicable in respect of amounts accrued or expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0any standby allowance;<\/span><\/p>\n

[Paragraph (e)\u00a0added by\u00a0section\u00a03(1)(b)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and substituted by\u00a0section\u00a02(1)(a)\u00a0of\u00a0Act\u00a020 of 2022\u00a0with effect from 1\u00a0March, 2023 and applicable in respect of amounts accrued or expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount paid or granted in reimbursement of any expenditure as contemplated in section 8<\/a>(1)(a)(ii); or<\/span><\/p>\n

[Paragraph (f)\u00a0added by\u00a0section\u00a03(1)(b)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and substituted by\u00a0section\u00a02(1)(a)\u00a0of\u00a0Act\u00a020 of 2022\u00a0with effect from 1\u00a0March, 2023 and applicable in respect of amounts accrued or expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0\u00a0any amount of \u201cremuneration\u201d as defined in paragraph 1<\/a> of the Fourth Schedule (other than a bonus) that is determined based on the employee\u2019s work performance.<\/span><\/p>\n

[Paragraph (g)\u00a0added by\u00a0section\u00a02(1)(b)\u00a0of\u00a0Act\u00a020 of 2022\u00a0with effect from 1\u00a0March, 2023 and applicable in respect of amounts accrued or expenditure incurred on or after that date]<\/span><\/p>\n","post_title":"\"Variable remuneration\" definition of section 7B of ITA","collection_order":193,"collection":597,"post_modified":"2024-01-10 20:31:51","post_date":"2015-04-14 09:35:55"},{"ID":"355","post_content":"

(2) \u00a0 \u00a0 In determining the taxable income derived by any person during a year of assessment, any amount to which an employee becomes entitled from an employer in respect of variable remuneration is deemed to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 accrue to the employee; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 constitute expenditure incurred by the employer,<\/span><\/p>\n

<\/p>\n

on the date during the year of assessment on which the amount is paid to the employee by the employer: Provided that where the employee is deceased before the date of payment, the amount is deemed to accrue to the employee and constitutes expenditure incurred by the employer, on the day during the year of assessment prior to the date of the employee\u2019s death.<\/p>\n

[Section\u00a07B\u00a0inserted by\u00a0section\u00a08(1)\u00a0of\u00a0Act\u00a022 of 2012\u00a0with effect from 1\u00a0March, 2013 and applicable in respect of amounts accrued or expenditure incurred on or after that date.\u00a0Subsection\u00a0(2)\u00a0amended by\u00a0section\u00a02(1)(c)\u00a0of\u00a0Act\u00a020 of 2022\u00a0with effect from 1\u00a0March, 2023 and applicable in respect of amounts accrued or expenditure incurred on or after that date]<\/span><\/p>\n","post_title":"Subsection 2 of section 7B of ITA","collection_order":194,"collection":597,"post_modified":"2024-01-10 20:32:00","post_date":"2015-04-14 09:38:40"},{"ID":"11481","post_content":"

7C.\u00a0\u00a0\u00a0 Loan, advance or credit granted to trust by connected person<\/span><\/strong><\/p>\n

[Heading to section 7C amended by section 4 of Act 34 of 2019]<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0This section applies in respect of any loan, advance or credit that-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a natural person; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0at the instance of a natural person, a company in relation to which that person is a connected person in terms of paragraph (d)(iv) of the definition of connected person,<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a05(a)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

directly or indirectly provides to-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a trust in relation to which-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0that person or company; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 any person that is a connected person in relation to the person or company referred to in item (aa),<\/span><\/p>\n

\u00a0<\/p>\n

is a connected person; or<\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 a company if at least 20 per cent of-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 the equity shares in that company are held, directly or indirectly; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 the voting rights in that company can be exercised,<\/span><\/p>\n

\u00a0<\/p>\n

by a trust referred to in paragraph (i) whether alone or together with any person who is a beneficiary of that trust or the spouse of a beneficiary of that trust or any person related to that beneficiary or that spouse within the second degree of consanguinity.<\/p>\n

[Words following paragraph (b) substituted by section 5 of Act 17 of 2017 and section 9 of Act 23 of 2018 effective on 19 July 2017 and applies in respect of any amount owed by a trust or a company in respect of a loan, advance or credit provided to that trust or that company before, on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(1A)\u00a0\u00a0 If a person acquires a claim to an amount owing by a trust or a company in respect of a loan, advance or credit referred to in subsection (1), that person must for purposes of this section be treated as having provided a loan, advance or credit to that trust or company-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 on the date on which that person acquired that claim; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if that person was not a connected person on that date in relation to-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that trust; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the person who provided that loan, advance or credit to that trust or company,<\/span><\/p>\n

\u00a0<\/p>\n

on the date on which that person became a connected person in relation to that trust or person,<\/p>\n

\u00a0<\/p>\n

that is equal to the amount of the claim so acquired.<\/p>\n

[Subsection (1A) inserted by section 5 of Act 17 of 2017 effective on 19 July 2017, applies in respect of any amount owed by a trust or a company in respect of a loan, advance or credit provided to that trust or that company before, on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(1B) \u00a0\u00a0\u00a0Where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a natural person; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0at the instance of a natural person, a company that is a connected person in relation to that natural person in terms of paragraph (d)(iv) of the definition of \u201cconnected person\u201d,<\/span><\/p>\n

\u00a0<\/p>\n

subscribes for a preference share in a company in which 20 per cent or more of the equity shares are held (whether directly or indirectly) or the voting rights can be exercised by a trust that is a connected person in relation to that natural person or to that company, whether alone or together with any person who is a beneficiary of that trust-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0consideration received by or accrued to that company for the issue of that preference share shall be deemed to be a loan for the purposes of subsection (3); and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0any dividend or foreign dividend accrued in respect of that preference share shall be deemed to be interest in respect of the loan contemplated in paragraph (i).<\/span><\/p>\n

[Subsection (1B)\u00a0inserted by\u00a0section 3(1)(a)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of any dividend or foreign dividend accruing during any year of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0No deduction, loss, allowance or capital loss may be claimed in respect of-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a disposal, including by way of a reduction or waiver; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the failure, wholly or partly, of a claim for the payment,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

of any amount owing in respect of a loan, advance or credit referred to in subsection (1).<\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If a trust or company incurs-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 no interest in respect of a loan, advance or credit referred to in subsection (1), (1A) or (1B); or<\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section 3(1)(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of any dividend or foreign dividend accruing during any year of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 interest at a rate lower than the official rate of interest,<\/span><\/p>\n

\u00a0<\/p>\n

an amount equal to the difference between the amount incurred by that trust or company during a year of assessment as interest in respect of that loan, advance or credit and the amount that would have been incurred by that trust or company at the official rate of interest must, for purposes of\u00a0Part\u00a0V\u00a0of\u00a0Chapter\u00a0II, be treated as a donation made to that trust by the person referred to in\u00a0subsection (1)(a),\u00a0(1A)\u00a0or\u00a0(1B)\u00a0on the last day of that year of assessment of that trust or company.<\/p>\n

[Subsection (3)\u00a0substituted by\u00a0section\u00a05(1)(c)\u00a0of\u00a0Act 17 of 2017\u00a0and amended by\u00a0section\u00a03(1)(c)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and by\u00a0section\u00a03\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n

\u00a0<\/p>\n

(3A)\u00a0\u00a0Where the amount to be treated as a donation in terms of subsection (3) is denominated in any currency other than that of the Republic, the person referred to in subsection (1), (1A) or (1B) must, for purposes of that subsection, translate that amount to the currency of the Republic by applying the average exchange rate for the year of assessment in respect of which that amount is treated as a donation.<\/span><\/span><\/p>\n

[Subsection (3A)\u00a0inserted by\u00a0section\u00a03(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0If a loan, advance or credit was provided by a company to a trust or another company at the instance of more than one person that is a connected person in relation to that company as referred to in paragraph (b) of subsection (1), each of those persons must be treated as having donated, to that trust or company, the part of that amount that bears to that amount the same ratio as the equity shares or voting rights in that company that were held by that person during that year of assessment bears to the equity shares or voting rights in that company held in aggregate by those persons during that year of assessment.<\/span><\/p>\n

[Subsection (4) substituted by section 5 of Act 17 of 2017 effective on 19 July 2017, applies in respect of any amount owed by a trust or a company in respect of a loan, advance or credit provided to that trust or that company before, on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0Subsections (2) and (3) do not apply in respect of any amount owing by a trust or company during a year of assessment in respect of a loan, advance or credit referred to in subsection (1) if-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 5 of Act 17 of 2017 effective on 19 July 2017, applies in respect of any amount owed by a trust or a company in respect of a loan, advance or credit provided to that trust or that company before, on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that trust or company is a public benefit organisation approved by the Commissioner in terms of section 30<\/a>(3) or a small business funding entity approved by the Commissioner in terms of section 30C<\/a>;<\/span><\/p>\n

[Paragraph (a) substituted by section 5 of Act 17 of 2017 effective on 19 July 2017, applies in respect of any amount owed by a trust or a company in respect of a loan, advance or credit provided to that trust or that company before, on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that loan, advance or credit was provided to that trust by a person by reason of or in return for a vested interest held by that person in the receipts and accruals and assets of that trust and-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the beneficiaries of that trust hold, in aggregate, a vested interest in all the receipts and accruals and assets of that trust;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0no beneficiary of that trust can, in terms of the trust deed governing that trust, hold or acquire an interest in that trust other than a vested interest in the receipts and accruals and assets of that trust;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0the vested interest of each beneficiary of that trust is determined solely with reference and in proportion to the assets, services or funding contributed by that beneficiary to that trust; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0none of the vested interests held by the beneficiaries of that trust is subject to a discretionary power conferred on any person in terms of which that interest can be varied or revoked;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0that trust is a special trust as defined in paragraph (a) of the definition of a special trust;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0that trust or company used that loan, advance or credit wholly or partly for the purposes of funding the acquisition or improvement of an asset and\u2014<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the natural person referred to in subsection (1)(a) or (b) or the spouse of that person used that asset as a primary residence as contemplated in paragraph (b) of the definition of \u201cprimary residence\u201d in paragraph 44<\/a> of the Eighth Schedule<\/a>, where that primary residence and the land on which it is situated (including unconsolidated adjacent land) do not exceed two hectares are together used mainly for domestic or private purposes, throughout the period during that year of assessment during which that trust or company held that asset; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the amount owed relates to the part of that loan, advance or credit that funded the acquisition or improvement of that asset;<\/span><\/span><\/p>\n

[Paragraph (d)\u00a0amended by\u00a0section\u00a05(1)(f)\u00a0and\u00a0(g)\u00a0of\u00a0Act 17 of 2017\u00a0and by\u00a0section\u00a05(b)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and substituted by\u00a0section 3(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0that loan, advance or credit constitutes an affected transaction as defined in\u00a0section 31<\/a>(1) that is subject to the provisions of that section;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0 that loan, advance or credit was provided to that trust or company in terms of an arrangement that would have qualified as a sharia compliant financing arrangement as contemplated in section 24JA<\/a>, had that trust or company been a bank as defined in that section;<\/span><\/p>\n

[Paragraph (f) substituted by section 5 of Act 17 of 2017 effective on 19 July 2017, applies in respect of any amount owed by a trust or a company in respect of a loan, advance or credit provided to that trust or that company before, on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0\u00a0that loan, advance or credit is subject to the provisions of\u00a0section 64E<\/a>(4); or<\/span><\/p>\n

[Paragraph (g) amended by section 5 of Act 17 of 2017 effective on 1 March 2017, applies in respect any amount owed by a trust in respect of a loan, advance or credit provided to that trust before, on or after that date]<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 that trust was created solely for purposes of giving effect to an employee share incentive scheme in terms of which-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that loan, advance or credit was provided-<\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0by a company to that trust; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 for purposes of funding the acquisition, by that trust, of shares in that company or in any other company forming part of the same group of companies as that company (hereinafter referred to as a scheme company\u2019);<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 equity instruments, as defined in section 8C<\/a>, that relate to or derive their value from shares in a scheme company may be offered by that trust to a person solely by virtue of that person-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 being in employment on a full-time basis with; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 holding the office of director of, a scheme company; and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 a person that is a connected person in terms of paragraph (d)(iv) of the definition of connected person in relation to any scheme company is not entitled to participate in that scheme.<\/span><\/p>\n

[Paragraph (h) inserted by section 5 of Act 17 of 2017 effective on 1 March 2017, applies in respect any amount owed by a trust in respect of a loan, advance or credit provided to that trust before, on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(6) \u00a0\u00a0\u00a0\u00a0For the purposes of this section \u201cpreference share\u201d means a preference share as defined in section 8EA<\/a> (1).<\/span><\/p>\n

[Section 7C\u00a0inserted by\u00a0section 12(1)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and amended by\u00a0section 4\u00a0of\u00a0Act\u00a034 of 2019.\u00a0Subsection (6)\u00a0added by\u00a0section 3(1)(d)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of any dividend or foreign dividend accruing during any year of assessment commencing on or after that date]<\/span><\/p>\n

[Section 7C inserted by section 12 of Act 15 of 2016 effective on 1 March 2017, applies in respect of any amount owed by a trust in respect of a loan, advance or credit provided to that trust before, on or after that date]<\/span><\/p>\n","post_title":"Section 7C (ITA) - Loan or credit advanced to a trust by a connected person","collection_order":195,"collection":597,"post_modified":"2024-01-10 20:37:24","post_date":"2017-06-15 20:04:33"},{"ID":"12693","post_content":"

7D.\u00a0\u00a0\u00a0\u00a0Calculation of amount of interest<\/span><\/strong><\/p>\n

<\/p>\n

Where it must be determined, for the purposes of this Act, what amount would have accrued or been incurred as interest in respect of any loan, debt, advance or amount of credit provided to a person or an amount owed by a person had that interest accrued or been incurred at a specific rate of interest, that amount must be determined-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0without regard to any rule of the common law or provision of any Act in terms of which-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the amount of any interest, fee or similar finance charge that accrues or is incurred in respect of a debt may not in aggregate exceed the amount of that debt; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0no interest may accrue or be incurred in respect of a debt once the amount that has accrued or been incurred as interest is equal to the amount of that debt; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0as simple interest calculated daily.<\/span><\/p>\n

[Section 7D inserted by section 6 of Act 17 of 2017 and substituted by section 10 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Section 7D (ITA) - Calculation of amount of interest","collection_order":196,"collection":597,"post_modified":"2020-05-27 19:24:12","post_date":"2018-01-17 17:03:18"},{"ID":"13946","post_content":"

7E.\u00a0\u00a0\u00a0\u00a0Time of accrual of interest payable by SARS<\/span><\/strong><\/p>\n

<\/p>\n

In determining the taxable income derived by any person during a year of assessment, any amount of interest to which a person becomes entitled that is payable by SARS in terms of a tax Act is deemed to accrue to that person on the date on which that amount is paid to that person.<\/p>\n

[Section 7E inserted by section 7 of Act 17 of 2017 effective on 1 March 2018, applies to amounts of interest paid by SARS on or after that date]<\/span><\/p>\n","post_title":"Section 7E (ITA) - Time of accrual of interest payable by SARS","collection_order":197,"collection":597,"post_modified":"2019-06-19 10:53:52","post_date":"2018-05-30 08:29:25"},{"ID":"17563","post_content":"

7F. Deduction of interest repaid to SARS<\/span><\/strong><\/p>\n

<\/p>\n

In determining the taxable income derived by any person during a year of assessment, any amount of interest paid by SARS to that person under a tax Act and deemed to have accrued to that person in terms of section 7E<\/a> that has to be repaid by that person to SARS, to the extent that the amount of interest is or was included in the taxable income of that person, must be deducted from that person\u2019s income in the year of assessment during which that amount is repaid to SARS.<\/p>\n

[Section 7F inserted by section 11(1) of Act 23 of 2018 and substituted by section 5 of Act 34 of 2019]<\/span><\/p>\n","post_title":"Section 7F (ITA) - Deduction of interest to SARS","collection_order":198,"collection":597,"post_modified":"2021-02-10 09:11:43","post_date":"2019-02-02 22:08:34"},{"ID":"358","post_content":"

8. \u00a0 \u00a0 Certain amounts to be included in income or taxable income<\/span><\/strong><\/p>\n

<\/p>\n

(1)<\/span><\/p>\n

<\/p>\n

(a)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0 There shall be included in the taxable income of any person (hereinafter referred to as the \u201crecipient\u201d) for any year of assessment any amount which has been paid or granted during that year by his or her principal as an allowance or advance, excluding any portion of any allowance or advance to the extent that the allowance or advance or a portion of the allowance or advance is exempt from normal tax under section 10(1) or has actually been expended by that recipient\u2014<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 on travelling on business, as contemplated in paragraph (b), unless an allowance or advance has been granted by an employer in respect of the use of a motor vehicle as contemplated in paragraph 7<\/a> of the Seventh Schedule<\/a>;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 on any accommodation, meals and other incidental costs, as contemplated in paragraph (c), while such recipient is by reason of the duties of his or her office or employment obliged to spend at least one night away from his or her usual place of residence in the Republic; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(cc) \u00a0 by reason of the duties attendant upon his or her office, as contemplated in paragraph (d).<\/span><\/p>\n

[Sub\u00adparagraph (i) amended by section 6(a) of Act 34 of 2019]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 There shall not be included in the taxable income of a person in terms of the provisions of paragraph (a)(i), any amount paid or granted by a principal in reimbursement of, or as an advance for, any expenditure incurred or to be incurred by the recipient \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa)<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0\u00a0on the instruction of his or her principal; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0where the recipient is allowed by his or her principal to incur expenditure on meals and other incidental costs while such recipient is by reason of the duties of his or her office or employment obliged to spend a part of a day away from his or her usual place of work or employment, not exceeding an amount determined by way of notice in the Gazette,<\/span><\/p>\n

<\/p>\n

in the furtherance of the trade of that principal; and<\/p>\n

[Item\u00a0(aa)\u00a0substituted by\u00a0section\u00a04(1)(a)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 where that recipient must produce proof to that principal that such expenditure was wholly incurred as aforesaid and must account to that principal for that expenditure:<\/span><\/p>\n

\u00a0<\/span><\/p>\n

Provided that where that expenditure was incurred to acquire any asset, the ownership in that asset must vest in that principal.<\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 For the purposes of this paragraph, \u2018principal\u2019 in relation to a recipient includes his or her employer or the authority, company, body or other organisation in relation to which any office is held, or any associated institution, as defined in the Seventh Schedule<\/a>, in relation to such employer, authority, company, body or organisation.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 The provisions of this paragraph shall not apply in respect of any amount paid or granted as an allowance or advance that is received by or accrued to a person in respect of-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa)\u00a0\u00a0\u00a0the holding of a public office by that person as contemplated in section 9<\/a>(2)(g);or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 services rendered or work or labour performed by that person as contemplated in section 9<\/a>(2)(h),<\/span><\/p>\n

\u00a0<\/span><\/p>\n

if that person is stationed outside the Republic and that amount is attributable to services rendered by that person outside the Republic.<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 For the purposes of paragraph (a)(i)(aa) \u2013<\/em><\/span><\/p>\n

\u00a0<\/em><\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any allowance or advance in respect of transport expenses shall, to the extent to which such allowance or advance has been expended by the recipient on private travelling (including travelling between his or her place of residence and his or her place of employment or business or any other travelling done for his or her private or domestic purposes), be deemed not to have been actually expended on travelling on business;<\/span><\/p>\n

[Subparagraph (i) amended by section 4 of Act 96 of 1985, section 9 of Act 129 1991 and section 5 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0 subject to the provisions of subparagraph (iii), where such allowance or advance has been paid to the recipient in order that it may be utilized for defraying expenditure in respect of any motor vehicle used by the recipient, the portion of the allowance expended by the recipient during the year of assessment for business purposes shall, unless an acceptable calculation based on accurate data is furnished by the recipient, be deemed to be an amount calculated by applying the rate per kilometre determined in the manner prescribed by the Minister of Finance by notice in the Gazette <\/em>for the category of vehicle used, on a distance travelled during the said year for business purposes (other than private travelling as contemplated in subparagraph (i)): Provided that where an allowance or advance is deemed to have accrued under section 7B<\/a> to the recipient in the year of assessment during which that allowance or advance is paid, the distance travelled for business purposes in respect of which that allowance or advance is received shall be deemed to have been travelled during the year in which that allowance or advance is paid\u037e<\/span><\/p>\n

[Sub\u00adparagraph (ii) substituted by section 6(a) of Act 85 of 1987 and amended by section 9(b) of Act 129 of 1991, by section 8(1)(a) of Act 21 of 1995, by section 6(1)(a) of Act 28 of 1997, by section 24(1) of Act 30 of 1998, bysection 4(a) of Act 9 of 2005, by section 21 of Act 9 of 2006, by section 11(1)(a) of Act 17 of 2009, by section 10(1)(b) of Act 7 of 2010 and by section 6(b) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0 where such allowance or advance is based on the actual distance travelled by the recipient in using a motor vehicle on business (excluding the said private travelling), or such actual distance is proved to the satisfaction of the Commissioner to have been travelled by the recipient, the amount expended by the recipient on such business travelling shall, unless the contrary appears, be deemed to be an amount determined on such actual distance at the rate per kilometre fixed by the Minister of Finance by notice in the Gazette <\/em>for the category of vehicle used: Provided that where an allowance or advance is deemed to have accrued under section 7B<\/a> to the recipient in the year of assessment during which that allowance or advance is paid, the distance travelled for business purposes in respect of which that allowance or advance is received shall be deemed to have been travelled during the year in which that allowance or advance is paid\u037e<\/span><\/p>\n

[Sub\u00adparagraph (iii) amended by section 6(c) of Act 34 of 2019]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iiiA) \u00a0where the portion of the allowance or advance which is claimed by the recipient to be actually expended is calculated based on accurate data furnished by the recipient in respect of any vehicle \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 in the case of a vehicle that is being leased, the total amount of payments in respect of that lease may not in any year of assessment exceed an amount of the fixed cost determined by the Minister in the notice contemplated in subparagraph (ii), for the category of vehicle used;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 in any other case \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(A)\u00a0\u00a0\u00a0 the wear and tear of that vehicle must be determined over a period of seven years from the date of original acquisition by that recipient and the cost of the vehicle must for this purpose be limited to R800 000, or such other amount determined by the Minister by notice in the\u00a0Gazette; and<\/span><\/span><\/p>\n

[Sub-item\u00a0(A) substituted by\u00a0section\u00a05(1)\u00a0of\u00a0Act\u00a042 of 2014, by\u00a0section\u00a06(1)\u00a0of\u00a0Act\u00a014 of 2017, by\u00a0section\u00a05(1)\u00a0of\u00a0Act\u00a022 of 2020\u00a0and by\u00a0section 5(1)\u00a0of\u00a0Act 19 of 2023\u00a0effective on 1\u00a0March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n


<\/span><\/span><\/p>\n

(B)\u00a0\u00a0\u00a0 the finance charges in respect of any debt incurred in respect of the purchase of that vehicle must be limited to an amount which would have been incurred had the original debt been R800 000, or such other amount determined by the Minister in terms of\u00a0subitem (A);<\/span><\/span><\/p>\n

[Sub-item\u00a0(B) substituted by\u00a0section\u00a05(1)\u00a0of\u00a0Act\u00a042 of 2014, by\u00a0section\u00a06(1)\u00a0of\u00a0Act 14 of 2017, by\u00a0section\u00a05(1)\u00a0of\u00a0Act\u00a022 of 2020\u00a0and by\u00a0section 5(1)\u00a0of\u00a0Act 19 of 2023\u00a0effective on 1\u00a0March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 where any motor vehicle which is owned or leased by an employee, his spouse or his child, whether directly or indirectly by virtue of an interest in a company or trust or otherwise, has been let to the employer or any associated institution in relation to the employer, the sum of the rental paid by the employer or associated institution and any expenditure defrayed by the employer or associated institution in respect of the vehicle, shall be deemed to be an allowance paid to the employee in respect of transport expenses, and in such case the said rental shall for the purposes of this Act (excluding this paragraph) be deemed not to have been received by or to have accrued to the lessor of such motor vehicle, and for the purposes of paragraph 2<\/a> (b) of the Seventh Schedule<\/a> such employee shall be deemed not to have been granted the right to use such motor vehicle.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 A recipient shall, for the purposes of paragraph (a)(i) (bb), be deemed to have actually expended, \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where that recipient proves to the Commissioner the amount of the expenses incurred by him or her in respect of accommodation, meals or other incidental costs (other than any amount of expenditure borne by the employer otherwise than by way of payment or granting of the allowance), the amount so actually incurred but limited to the amount of the allowance or advance paid or granted to meet those expenses; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 for each day or part of a day in the period during which that recipient is absent from his or her usual place of residence, such amount in respect of meals and other incidental costs, or incidental costs only, as the Commissioner may determine for a country or region for the relevant year of assessment by way of notice in the Gazette, but limited to the amount of the allowance paid or granted to meet those expenses: Provided that this subparagraph does not apply to the extent that \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 the employer has borne the expenses (otherwise than by way of granting the allowance or advance) in respect of which the allowance was paid or granted for that day or part of that day; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 the recipient has proved to the Commissioner any amount of actual expenditure in respect of meals or incidental costs for that day or part of that day, as contemplated in subparagraph (i).<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 Any allowance granted to the holder of any public office contemplated in paragraph (e) to enable him to defray expenditure incurred by him in connection with such office shall for the purposes of paragraph (a) be deemed to have been so expended by him to the extent that expenditure relevant to such allowance and not otherwise recoverable by him has actually been incurred by him for the purposes of his office in respect of \u2013<\/em><\/span><\/p>\n

\u00a0<\/em><\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 secretarial services, duplicating services, stationery, postage, telephone calls, the hire of office accommodation and the maintenance of such accommodation;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 travelling;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 hospitality extended at any official or civic function which the holder of such office is by reason of the nature of such office normally expected to arrange;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 subsistence and incidental costs incurred in the circumstances contemplated in paragraph (c).<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 For the purposes of paragraph (d) the holder of a public office includes \u2013<\/em><\/span><\/p>\n

\u00a0<\/em><\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the President, Deputy President, a Minister, Deputy Minister, a member of the National Assembly, a permanent delegate to the National Council of Provinces, a Premier, a member of an Executive Council or a member of a provincial legislature;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any member of a municipal council, a traditional leader, a member of a provincial House of Traditional Leaders and a member of the Council of Traditional Leaders; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 a person occupying the office of president, chairman or chief executive officer of any non-profitmaking organization which is organized on a national or regional basis to represent persons with common interests and the funds of which are derived wholly or mainly from subscriptions of members or donations from the general public.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 Where it is expected of any person contemplated in paragraph (e) (i) to defray any expenditure referred to in paragraph (d) out of his salary received as the holder of any public office, an amount equal to a portion (which shall be determined by the National Assembly or the President, as the case may be, as provided for in the Remuneration of Public Office Bearers Act, 1998 (Act No. 20 of 1998)) of such salary shall for the purposes of paragraph (d) be deemed to be an allowance granted to such person.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 Where, during any year of assessment, any person contemplated in paragraph (e) has held a public office for less than 12 months, the amount determined in terms of paragraph (f), shall be reduced to an amount which bears to the relevant amount, the same ratio as the number of months (in the determination of which a part of a month shall be reckoned as a full month), for which the office was held bears to 12 months.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Section 8 (ITA) - Certain amounts to be included in income or taxable income","collection_order":199,"collection":597,"post_modified":"2024-01-27 21:40:31","post_date":"2015-04-14 09:49:23"},{"ID":"360","post_content":"

(4)<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 There shall be included in the taxpayer\u2019s income all amounts allowed to be deducted or set off under the provisions of sections 11<\/a> to 20<\/a>, inclusive, section 24D<\/a>, section 24F, section 24G<\/a>, section 24I<\/a>, section 24J<\/a>, section 27<\/a>(2)(b) and section 37B<\/a>(2) of this Act, except section 11<\/a>(k)<\/a>, 11(n)<\/a>, 11(p) and (q), section 11F<\/a>, section 12(2) or section 12(2) as applied by section 12(3), section 12A(3), section 13<\/a>(5), or section 13(5) as applied by section 13(8), or section 13bis<\/a>(7), section 15<\/a>(a) or section 15A<\/a>, or under the corresponding provisions of any previous Income Tax Act, whether in the current or any previous year of assessment which have been recovered or recouped during the current year of assessment:<\/span><\/p>\n

[Words preceding the proviso substituted by section 9 of Act 31 of 2013 and section 8 of Act 17 of 2017 effective on 1 March 2016]<\/span><\/p>\n

\u00a0<\/p>\n

Provided that the provisions of this paragraph shall not apply in respect of any such amount so recovered or recouped which has been-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 included in the gross income of such taxpayer in terms of paragraph (jA) of the definition of \u2018gross income\u2019;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 applied to reduce any cost or expenditure incurred by such taxpayer in terms of section 19<\/a>; or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0previously taken into account as an amount that is deemed to have been recovered or recouped in terms of section 19<\/a>(4), (5), (6) or (6A).<\/span><\/p>\n

[Paragraph (a)\u00a0amended by\u00a0section 6(1)(a)\u00a0of\u00a0Act 90 of 1964, substituted by\u00a0section\u00a09(1)(a)\u00a0of\u00a0Act 88 of 1965, by\u00a0section 10(1)(a)\u00a0of\u00a0Act 55 of 1966, by\u00a0section\u00a010(a)\u00a0of\u00a0Act 89 of 1969, by\u00a0section 8(d)\u00a0of\u00a0Act 85 of 1974, by\u00a0section\u00a07(1)(b)\u00a0of\u00a0Act 69 of 1975, by\u00a0section\u00a07(1)(a)\u00a0of\u00a0Act 113 of 1977, by\u00a0section\u00a08(a)\u00a0of\u00a0Act 94 of 1983, by\u00a0section\u00a05(1)(b)\u00a0of\u00a0Act 121 of 1984, by\u00a0section\u00a06(f)\u00a0of\u00a0Act 85 of 1987\u00a0and by\u00a0section\u00a06(a)\u00a0of\u00a0Act 90 of 1988\u00a0and amended by\u00a0section\u00a017(1)(b)\u00a0of\u00a0Act\u00a030 of 2000, by\u00a0section\u00a021(1)(a)\u00a0of\u00a0Act 60 of 2001, by\u00a0section\u00a06\u00a0of\u00a0Act\u00a032 of 2004, by\u00a0section\u00a06(1)\u00a0of\u00a0Act 8 of 2007, by\u00a0section\u00a05(1)(a)\u00a0of\u00a0Act\u00a03 of 2008, by\u00a0section\u00a011(1)(b)\u00a0of\u00a0Act\u00a017 of 2009, by\u00a0section\u00a016(1)(b)\u00a0of\u00a0Act\u00a024 of 2011, by\u00a0section\u00a09(1)(b)\u00a0of\u00a0Act\u00a022 of 2012, by\u00a0section\u00a09(1)(a)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and by\u00a0section\u00a08(1)\u00a0of\u00a0Act 17 of 2017\u00a0deemed effective on 1\u00a0March, 2016.\u00a0Paragraph (iii)\u00a0added by\u00a0section\u00a09(1)(d)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and substituted by\u00a0section\u00a06\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 For the purposes of paragraph (a), where during any year of assessment any actuarial surplus is paid to a taxpayer pursuant to the provisions of section 15E(1)(f) or (g) of the Pension Funds Act the taxpayer must be deemed to have recovered or recouped an amount equal to the amount of that actuarial surplus less any expenditure incurred by that taxpayer in respect of that actuarial surplus that was not allowed as a deduction during any year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(dA)\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(dB)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 Notwithstanding paragraph (a), but subject to paragraph (eB), (eC), (eD) and (eE), there shall not be included in the income of a person any amount recovered or recouped as a result of the disposal of any asset, where that person has elected that paragraph 65<\/a> or 66<\/a> of the Eighth Schedule<\/a> applies in respect of the disposal of that asset.<\/span><\/p>\n

\u00a0<\/p>\n

(eA) \u00a0Where a person acquires more than one asset (hereinafter referred to as \u201cthe replacement asset or assets\u201d) contemplated in paragraph (e), that person must, in applying paragraphs (eB), (eC) and (eD), apportion the amount recovered or recouped to each replacement asset in the same ratio as the receipts and accruals from that disposal respectively expended in acquiring each replacement asset bear to the total amount of those receipts and accruals expended in acquiring all those replacement assets.<\/span><\/p>\n

\u00a0<\/p>\n

(eB) \u00a0 Where a replacement asset in relation to an asset of a person as contemplated in paragraph (e) constitutes a depreciable asset, that person shall be deemed to have recovered or recouped in a year of assessment so much of the amount contemplated in paragraph (e) apportioned to that asset as contemplated in paragraph (eA) as bears to the total amount of the recovery or recoupment contemplated in paragraph (e) the same ratio as the amount of any deduction or allowance allowed in that year of assessment in respect of that replacement asset bears to the total amount of the deduction or allowance (determined with reference to the cost or value of that asset at the time of acquisition thereof) allowable for all years of assessment in respect of that replacement asset.<\/span><\/p>\n

\u00a0<\/p>\n

(eC) \u00a0 Where a person during any year of assessment disposes of a replacement asset in relation to an asset contemplated in paragraph (e) and any portion of the recovery or recoupment which is apportioned to that replacement asset has not been included in the income of that person in terms of paragraph (eE) or (eD), that portion must be deemed to be an amount recovered or recouped by that person in respect of that replacement asset in that year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(eD) \u00a0 Where during any year of assessment a person ceases to use a replacement asset in relation to an asset contemplated in paragraph (e), in respect of which paragraph 66<\/a> of the Eighth Schedule<\/a> applies, for the purposes of that person\u2019s trade and any portion of the amount which is apportioned to that replacement asset has not been included in the income of that person in terms of paragraph (eE) or (eC), that portion must be deemed to be an amount recovered or recouped in that year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(eE)\u00a0\u00a0 Where a person contemplated in paragraph (e) fails to conclude a contract or fails to bring any replacement asset into use within the period prescribed in paragraphs 65<\/a> or 66<\/a> of the Eighth Schedule<\/a>, as the case may be, paragraph (e) shall not apply and that person must-<\/span><\/p>\n

\u00a0<\/p>\n

(i) \u00a0 \u00a0 deem the amount contemplated in paragraph (e) to be an amount recovered or recouped for purposes of paragraph (a) on the date on which the relevant period ends;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 determine interest at the prescribed rate on the amount recovered or recouped from the date of the disposal contemplated in paragraph (e) to the date contemplated in subparagraph (i); and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 deem that interest to be an amount recovered or recouped for purposes of paragraph (a) on the date contemplated in subparagraph (i).<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 If as a result of the loss, sale or disposal in any other manner by the taxpayer of the further asset referred to in paragraph (e) there has accrued to or has been received by the taxpayer an amount in excess of the cost thereof less the amount referred to in the said paragraph, so much of the excess as does not exceed such last\u2013mentioned amount shall (unless such last\u2013mentioned amount has been included in income in terms of the proviso to the said paragraph) be deemed to have been recovered or recouped and shall be included in the taxpayer\u2019s income for the year of assessment during which such further asset was so lost, sold or disposed of in addition to any recovery or recoupment referred to in paragraph (a).<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (g) added by section 9 of Act 88 of 1965, amended by section 6 of Act 141 of 1992 and deleted by section 5 of Act 43 of 2014 effective on 12 December 2013]<\/span>
\n<\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (h) added by section 9 of Act 88 of 65 and deleted by section 5 of Act 43 of 2014 effetive on 12 December 2013]<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (i) added by section 9 of Act 88 of 1965 and deleted by section 5 of Act 43 of 2014 effecive on 12 December 2013]<\/span><\/p>\n

\u00a0<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (j) added by section 9 of Act 88 of 1965 and deleted by section 5 of Act 43 of 2014 effective on 12 December 2013]<\/span><\/p>\n

\u00a0<\/p>\n

(k)\u00a0\u00a0\u00a0\u00a0 For the purposes of paragraph (a), where during any year of assessment any person has \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 donated any asset;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0 in the case of a company, transferred in whatever manner or form any asset to any holder of a share in that company\u037e<\/span><\/p>\n

[Sub\u00adparagraph (ii) substituted by section 9(1)(g) of Act 31 of 2013 and amended by section 6(d) of Act 34 of 2019]<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0 disposed of any asset to a person who is a connected person in relation to that person\u037e or<\/span><\/p>\n

[Sub\u00adparagraph (iii) amended by section 6(d) of Act 34 of 2019]<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0 commenced to hold any asset as trading stock which was previously not held as trading stock,<\/span><\/p>\n

[Sub\u00adparagraph (iv) added by section 6(d) of Act 34 of 2019]<\/span><\/p>\n

\u00a0<\/p>\n

in respect of which a deduction or an allowance has been granted to such person in terms of any of the provisions referred to in that paragraph, that person shall be deemed to have disposed of that asset for an amount equal to the market value of that asset as at the date of that donation, transfer, disposal or commencement.<\/p>\n

[Paragraph (k)\u00a0added by\u00a0section 4(1)\u00a0of\u00a0Act\u00a0113 of 1993, substituted by\u00a0section 7(g)\u00a0of\u00a0Act\u00a019 of 2001\u00a0and by\u00a0section 21(1)(b)\u00a0of\u00a0Act 60 of 2001, amended by\u00a0section 11(1)(c)\u00a0and\u00a0(d)\u00a0of\u00a0Act\u00a074 of 2002, substituted by\u00a0section 5(b)\u00a0of\u00a0Act\u00a020 of 2006\u00a0and amended by\u00a0section 4(1)(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 15\u00a0January, 2020]<\/span><\/p>\n

\u00a0<\/p>\n

(l)\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of paragraph (a), where \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any person was entitled to a deduction in respect of any interest or related finance charges (including a discount or premium), which was incurred or deemed to have been incurred by such person in relation to any financial arrangement during any year of assessment and such interest or related finance charges were allowed as a deduction in terms of the provisions of this Act during such year of assessment in the hands of such person;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 such person has transferred such financial arrangement during any year of assessment to any other person; and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 any obligation or part thereof in respect of such interest or related finance charges which such person is legally liable to pay has, as a result of such transfer, been transferred to such other person,<\/span><\/p>\n

\u00a0<\/p>\n

such person shall be deemed to have recovered or recouped an amount equal to the amount of such obligation or part thereof so transferred during the year of assessment in which such obligation or part thereof has been so transferred
\n.<\/span><\/p>\n

(m)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(n)\u00a0\u00a0\u00a0\u00a0 Where a taxpayer disposes of an industrial asset contemplated in section 12G or a manufacturing asset contemplated in section 12I before completion of the write off period of that asset for purposes of section 11<\/a>(e), 12C<\/a> or 13<\/a>, as applicable, there shall be included in the taxpayer\u2019s income, all amounts allowed to be deducted in respect of that industrial asset under section 12G or manufacturing asset under section 12I<\/a>, whether in the current year or any previous year of assessment, which have been recovered or recouped during the current year of assessment, in addition to the inclusion of those amounts in terms of paragraph (a).<\/span><\/p>\n

\u00a0<\/p>\n

(nA)\u00a0\u00a0Where, before 1 March 2026, a taxpayer disposes of an asset contemplated in section 12BA<\/a>, there shall be included in the taxpayer\u2019s income 25 per cent of the cost of that asset, which has been recouped during the current year of assessment, in addition to the inclusion of amounts in terms of paragraph (a), but limited to the total amount allowed to be deducted in respect of that asset.<\/span><\/span><\/p>\n

[Paragraph (nA)\u00a0inserted by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a017 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(4A) \u00a0 The provisions of subsection (4)(a), (e), (f) or (k) shall not apply in respect of any amount which is deemed to have been allowed as a deduction in terms of subparagraph (ix) of the proviso to section 11<\/a>(e), section 12B<\/a>(4B), section 12C<\/a>(4A), section 12D<\/a>(3A), section 12DA<\/a>(4), section 12F<\/a>(3A), section 13<\/a>(1A), section 13bis<\/a>(3A), section 13ter<\/a>(6A), section 13quin<\/a>(3) or section 37B<\/a>(4).<\/span><\/p>\n","post_title":"Subsection 4 and 4A of section 8 of ITA","collection_order":200,"collection":597,"post_modified":"2024-01-27 20:48:11","post_date":"2015-04-14 09:52:09"},{"ID":"365","post_content":"

(5)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Any amount which has been paid, whether in the form of rent or otherwise, by any person for the right of use or occupation of any movable or immovable property and has been allowed as a deduction in the determination of such person\u2019s taxable income, and which or the equivalent of which is upon the subsequent acquisition of such property by that or any other person applied in reduction or towards settlement of the purchase price of such property, shall be included in the income of the person by whom the property is acquired as aforesaid for the year of assessment in which such person exercises the option or concludes the agreement, as the case may be, in consequence of which the property is acquired by him: Provided that the provisions of this subsection shall not apply in any case where, in consequence of the acquisition of such property, the person who has acquired the property or any other person has derived a taxable benefit the cash equivalent of which has been included in his gross income in terms of the provisions of paragraph (i) of the definition of \u201cgross income\u201d in section 1<\/a>.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where any amount has been paid by any person for the right of use or occupation of any property which is thereafter acquired by that or any other person for a consideration which\u00a0 is less than the fair market value of such property, it shall for the purposes of paragraph (a) be deemed that the said amount, or so much thereof as does not exceed the fair market value of such property less the amount of the consideration, if any, for which it has been acquired as aforesaid, has been applied in reduction or towards settlement of the purchase price of such property.<\/span><\/p>\n

[Paragraph (b) substituted by section 8 of Act 94 of 1983, section 5 of Act 43 of 2014 and section 8 of Act 25 of 2015 effective 8 January 2016]<\/span><\/p>\n

<\/p>\n

(bA)\u00a0 If after the termination by the effluxion of time or otherwise of a lease of property consisting of corporeal movable goods or of any machinery or plant in respect of which the lessor under such lease was entitled to any allowance under the provisions of this Act, the person who was the lessee under such lease (hereinafter referred to as the former lessee) is, with the express or implied consent or acquiescence of the person who was the lessor under such lease (hereinafter referred to as the former lessor) or of the owner of the property, allowed to use, enjoy or deal with the property as the former lessee may deem fit-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 without the payment of any consideration; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of a lease without the payment of any rental or other consideration or subject to the payment of any consideration which is nominal in relation to the fair market value of the property,<\/span><\/p>\n

<\/p>\n

the former lessee shall be deemed for the purposes of paragraph (b) to have acquired the property\u00a0 for no consideration and, if the property was owned by the former lessor, the fair market value thereof shall be deemed for the said purposes to be the cost to the former lessor of the property\u00a0 (or, where the said lease was a financial lease contemplated in paragraph (b) of the definition of \u2018instalment credit agreement\u2019 in section 1 of the Value-Added Tax Act, the cash value as defined in that Act of the property, less a depreciation allowance calculated in accordance with paragraph (bB)(i) for the period from the commencement to the termination of the lease.<\/p>\n

[Words following subparagraph (ii) substituted by section 8 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(bB)\u00a0\u00a0 For the purposes of paragraph (bA)\u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the depreciation allowance shall be calculated as an aggregate of annual allowances for the years in the period for which the depreciation allowance may be made, the allowance for the first year in the said period being calculated at the rate of 20 per cent of the said cost or cash value, as the case may be, of the property in question and the allowance for each succeeding year in that period being calculated at the said rate on the balance of the said cost or cash value, as the case may be, remaining after the deduction therefrom of the allowance or allowances calculated for the year or years preceding such succeeding year;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the former lessor of the property in question, or the owner thereof, as the case may be, shall, unless and until the contrary is proved, be deemed to have consented to the former lessee using, enjoying or dealing with the property as contemplated in the said paragraph if, at the end of a period of three months reckoned after the date on which the lease in question terminated, the former lessor has not instituted proceedings to compel the former lessee to return the property to the former lessor or to relinquish possession thereof or to dispose thereof in accordance with the terms of the lease;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 where any consideration is payable in respect of the property in question for the period after the termination of the lease in question, such consideration shall be deemed to be nominal in relation to the fair market value of the property if that consideration, in relation to the period for which it is payable, amounts to less than 10 per cent per annum of the said fair market value;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 if after the termination of a lease referred to in the said paragraph (bA) the former lessee is required to pay a consideration in respect of his right to use, enjoy or deal with the property in question but ceases to pay such consideration or, in the case of a lease referred to in subparagraph (ii) of the said paragraph (bA), pays a consideration in respect of such right which is nominal in relation to the fair market value of the property, the said lease shall be deemed to have been terminated on the date from which the former lessee is no longer required to pay such consideration or in the case of a lease referred to in the said subparagraph (ii), whereafter the consideration payable by him becomes nominal as aforesaid.<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(bC)\u00a0\u00a0 Any person who, as a former lessor of property referred to in paragraph (bA) or as the owner thereof, has after the termination of the lease of such property consented to the former lessee thereof using, enjoying or dealing with such property as contemplated in the said paragraph, or is deemed to have so consented under the provisions of paragraph (bB) (ii), shall not later than 14 days after the end of three months after the termination of the relevant lease advise the former lessee of the fair market value of such property as determined in accordance with paragraph (bA).<\/span><\/p>\n","post_title":"Subsection 5 of section 8 of ITA","collection_order":201,"collection":597,"post_modified":"2021-03-07 21:42:48","post_date":"2015-10-15 12:15:16"},{"ID":"367","post_content":"

<\/strong>8A.\u00a0\u00a0\u00a0Gains made by directors of companies or by employees in respect of rights to acquire <\/strong>marketable securities<\/strong><\/span><\/strong><\/p>\n

<\/p>\n

(1)<\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 There shall be included in the taxpayer\u2019s income for the year of assessment the amount of any gain made by the taxpayer after the first day of June, 1969, by the exercise, cession or release during such year of any right to acquire any marketable security (whether such right be exercised, ceded or released in whole or part), if such right was obtained by the taxpayer before 26 October 2004 as a director or former director of any company or in respect of services rendered or to be rendered by him as an employee to an employer.<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where the taxpayer has exercised such right but, by reason of a condition imposed by the said company or employer or the grantor of the right, the taxpayer is not entitled to dispose of the marketable security until after the end of the said year of assessment, the gain made by the exercise of the right shall, if the taxpayer makes an election as provided in paragraph (c), not be included in his income for such year of assessment but shall be included in his income for the year of assessment during which he becomes entitled to dispose of the marketable security: Provided that in the event of the taxpayer\u2019s death or insolvency before he becomes entitled to dispose of the marketable security the said gain shall be deemed to have been made by him on the day before the date of his death or insolvency, as the case may be, and shall be assessed accordingly.<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The taxpayer may, in the circumstances contemplated in paragraph (b), elect that the provisions of that paragraph shall apply in respect of the gain referred to in that paragraph, and such election shall be in writing and shall be furnished to the Commissioner not later than the date on which the taxpayer\u2019s return of income is furnished for the year of assessment referred to in paragraph (a), or within such further time as the Commissioner may allow.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a gain shall be deemed to have been made by the taxpayer by the exercise of a right to acquire any marketable security if the amount by which the market value of such marketable security at the time such right was exercised exceeds the consideration given by the taxpayer for such marketable security and any consideration given by him for such right or the grant of such right: Provided that such market value shall for the purpose of this paragraph be deemed to be the sum which a person having the right freely to dispose of such marketable security might reasonably expect to obtain from a sale of such marketable security in the open market;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the taxpayer for a consideration accepts a restriction upon his right to acquire any marketable security such right shall be deemed to be released in part;<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 where any gain is made by the exercise, cession or release of a right to acquire any marketable security, such gain shall be deemed to be made at the time when such right is exercised, ceded or released, as the case may be.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The amount to be included in the taxpayer\u2019s income in respect of any gain referred to in subsection (1) shall be \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where such gain is made by the exercise of a right to obtain any marketable security, the amount referred to in subsection (2) (a); or<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where such gain is made by the cession or release of a right to obtain any marketable security, the amount by which the amount or value of the consideration received by or accrued to the taxpayer for the cession or release, exceeds the amount or value of any consideration given by the taxpayer for such right or the grant of such right.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 In determining under subsections (2) (a) and (3) whether any gain has been made by the exercise, cession or release of a right to obtain any marketable security, and in determining the amount of such gain \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where any consideration was given by the taxpayer for such right or the grant of such right and the right is exercised, ceded or released in part only or the consideration was given for something in addition to the right, only the portion of such consideration which relates to so much of the right as is exercised, ceded or released, as the case may be, shall be deductible and for that purpose a fair apportionment of such consideration shall be made; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 no deduction shall be made in respect of any consideration in the form of services rendered or to be rendered or anything done or to be done or not to be done.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where any right (hereinafter referred to as the first right) to acquire any marketable security is ceded or released by the taxpayer in whole or in part for a consideration which consists of or includes another right (hereinafter referred to as the second right) to acquire such marketable security or any other marketable security \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the second right shall for the purposes of this section not be deemed to be consideration for the cession or release of the first right; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any gain made by the taxpayer (other than a gain in respect of which section 8C<\/a> applies or will apply) by the exercise, cession or release of the second right, shall be determined and included in the taxpayer\u2019s income as though such gain had been made by the exercise, cession or release of the first right, and for the purpose of determining such gain, the amount to be deducted under subsection (2)(a) or (3) in respect of the amount or value of the consideration given by the taxpayer for the second right shall be deemed to be the consideration given by the taxpayer for the first right or the grant of such right, less so much of the amount or value of that consideration as has been offset by any consideration other than the consideration consisting of the second right.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section, a gain made by any person other than the taxpayer by the exercise, cession or release of a right to acquire any marketable security shall be deemed to be made by the taxpayer and shall be included in the taxpayer\u2019s income as though it were a gain referred to in subsection (1) \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if that right was originally obtained by any person other than the taxpayer by reason of the taxpayer\u2019s office or former office as a director of any company or any services rendered or to be rendered by the taxpayer as an employee of any employer; or<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if that right was originally obtained by the taxpayer as a director or former director of any company or in respect of services rendered or to be rendered by him as an employee to an employer, and \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the right was ceded by the taxpayer to any person otherwise than by or under a cession made by way of a bargain at arm\u2019s length; or<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the gain was made by a relative of the taxpayer.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 The provisions of subsections (2), (3), (4) and (5) shall mutatis mutandis<\/em> apply in relation to the determination of any gain referred to in subsection (6).<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 Where any gain is made after the first day of June, 1969, by the exercise, cession or release of a right to acquire any marketable security granted to any person on or before that date, the amount required to be included in income under this section in respect of such gain shall be reduced by an amount which bears to the amount of the gain, as determined under the preceding provisions of this section, the same ratio as the exemption period, as determined under subsection (9) in relation to the said gain, bears to the accrual period, as so determined.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 For the purposes of determining any reduction to be made under subsection (8) in respect of any gain made by the exercise, cession or release or any right to acquire any marketable security \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the exemption period shall be deemed to be the period commencing on the date on which the person referred to in subsection (8) was granted such right and ending on the first day of June, 1969; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the accrual period shall be deemed to be the period commencing on the first day of the exemption period and ending on the date on which such right is exercised, ceded or released, as the case may be.<\/span><\/p>\n","post_title":"Section 8A (ITA) - Gains made by directors of companies or by employees in respect of rights to acquire marketable securities","collection_order":202,"collection":597,"post_modified":"2020-03-04 16:19:49","post_date":"2015-10-15 12:15:16"},{"ID":"369","post_content":"

(10)\u00a0\u00a0 For the purposes of this section \u201cmarketable security\u201d<\/strong> means any security, debenture, share, option or other interest capable of being sold in a share\u2013<\/em>market or exchange or otherwise.<\/span><\/p>\n","post_title":"\"Marketable security\" definition of section 8A of ITA","collection_order":203,"collection":597,"post_modified":"2019-02-09 22:42:20","post_date":"2015-04-14 10:04:07"},{"ID":"371","post_content":"

8B. Taxation of amounts derived from broad-based employee share plan<\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Notwithstanding section 9C<\/a>, there must be included in the income of a person for a year of assessment any gain made by that person during that year from the disposal of any qualifying equity share or any right or interest in a qualifying equity share, which is disposed of by that person within five years from the date of grant of that qualifying equity share, otherwise than \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in exchange for another qualifying equity share as contemplated in subsection (2);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 on the death of that person; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 on the insolvency of that person.<\/span><\/p>\n

<\/p>\n

(2) \u00a0 \u00a0If a person disposes of a qualifying equity share in exchange solely for any other equity share in that employer or any company that is an associated institution as defined in the Seventh Schedule in relation to that employer, that other equity share acquired in exchange is deemed to be-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a qualifying equity share which was acquired by that person on the date of grant of the qualifying equity share disposed of in exchange; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 acquired for a consideration equal to any consideration given for the qualifying equity share disposed of in exchange.<\/span><\/p>\n

<\/p>\n

(2A)\u00a0 If a person acquires any equity share by virtue of any qualifying equity share held by that person, that other equity share so acquired is deemed to be a qualifying equity share which was acquired by that person on the date of grant of the qualifying equity share so held by that person.<\/span><\/p>\n

<\/p>\n

(2B)\u00a0\u00a0 If a person disposes of any right or interest in a qualifying equity share, the amount of consideration incurred in respect of the acquisition of that qualifying equity share that is attributable to that right or interest must be determined in accordance with the ratio that the amount received for the disposal of that right or interest bears to the market value of that qualifying equity share immediately before that disposal.<\/span><\/p>\n","post_title":"Section 8B (ITA) - Taxation of amounts derived from broad-based employee share plan","collection_order":204,"collection":597,"post_modified":"2021-04-06 12:14:48","post_date":"2015-10-15 12:15:16"},{"ID":"373","post_content":"

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/span><\/p>\n

<\/p>\n

\u2018broad-based employee share plan\u2019<\/strong> of an employer means a plan in terms of which \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0equity shares in that employer, or in a company that is an associated institution as defined in the Seventh Schedule in relation to the employer are acquired by employees of that employer\u037e<\/span><\/p>\n

[Paragraph (a) substituted by section 10(1)(b) of Act 60 of 2008, by section 9 of Act 17 of 2017 and by section 7 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 employees who participate in any other equity scheme of that employer or of a company that is an associated institution as defined in the Seventh Schedule in relation to that employer are not entitled to participate and where at least 80 per cent of all other employees who are employed by that employer on a permanent basis on the date of grant (and who have continuously been so employed on a full-time basis for at least one year) are entitled to participate;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the employees who acquire the equity shares as contemplated in paragraph (a) are entitled to all dividends and foreign dividends and full voting rights in relation to those equity shares; and<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 no restrictions have been imposed in respect of the disposal of those equity shares, other than \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a restriction imposed by legislation;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 a right of any person to acquire those equity shares from the employee or former employee who acquired the equity shares as contemplated in paragraph (a) \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0in the case where the employee or former employee is or was guilty of misconduct or poor performance, at the lower of market value on the date of grant or the market value on the date of acquisition by that employer; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 in any other case, at market value on the date of acquisition by that person; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 a restriction in terms of which the employee or former employee who acquired the equity shares as contemplated in paragraph (a) may not dispose of those equity shares for a period, which may not extend beyond five years from the date of grant;<\/span><\/p>\n","post_title":"\"Broad-based employee share plan\" definition of section 8B of ITA","collection_order":205,"collection":597,"post_modified":"2021-02-10 09:12:50","post_date":"2015-04-14 10:08:36"},{"ID":"375","post_content":"

\u201cdate of grant\u201d<\/strong> in relation to an equity share means the date on which the granting of that equity share is approved by the directors of the employer company or some other person or body of persons with comparable authority;<\/p>\n","post_title":"\"Date of grant\" definition of section 8B of ITA","collection_order":206,"collection":597,"post_modified":"2019-02-09 21:50:23","post_date":"2015-10-15 12:15:16"},{"ID":"377","post_content":"

\u2018gain\u2019<\/strong> in relation to the disposal by a person of a qualifying equity share or a right or interest in a qualifying equity share, means the amount by which any amount received by or accrued to that person from that disposal exceeds the consideration given by him or her for that qualifying equity share, right or interest (otherwise than in the form of services rendered or to be rendered or anything done or to be done or not to be done);<\/p>\n","post_title":"\"Gain\" definition of section 8B of ITA","collection_order":207,"collection":597,"post_modified":"2019-02-09 21:50:34","post_date":"2015-10-15 12:15:16"},{"ID":"379","post_content":"

\u2018market value\u2019<\/strong> in relation to an equity share means the price which could be obtained upon the sale of that equity share between a willing buyer and a willing seller dealing freely at arm\u2019s length in an open market and without having regard to any restrictions imposed in respect of that equity share;<\/p>\n","post_title":"\"Market value\" definition of section 8B of ITA","collection_order":208,"collection":597,"post_modified":"2019-02-09 21:50:43","post_date":"2015-10-15 12:15:16"},{"ID":"381","post_content":"

\u2018qualifying equity share\u2019<\/strong> in relation to a person means an equity share acquired in a year of assessment in terms of a broad-based employee share plan, where the market value of all equity shares (as determined on the relevant date of grant of each equity share and excluding the market value of any qualifying equity share acquired in the circumstances contemplated in subsection (2A)), which were acquired by that person in terms of that plan in that year and the four immediately preceding years of assessment, does not in aggregate exceed R50 000.<\/p>\n","post_title":"\"Qualifying equity share\" definition of section 8B of ITA","collection_order":209,"collection":597,"post_modified":"2019-02-09 22:42:06","post_date":"2015-04-14 10:13:53"},{"ID":"383","post_content":"

(4)\u00a0\u00a0\u00a0\u00a0 The provisions of section 25<\/a> do not apply in respect of any amount received or accrued from the disposal of any qualifying equity share after the date of death of the person contemplated in subsection (1).<\/span><\/p>\n","post_title":"Subsection 4 of section 8B of ITA","collection_order":210,"collection":597,"post_modified":"2019-02-09 21:50:49","post_date":"2015-10-15 12:15:16"},{"ID":"385","post_content":"

8C. \u00a0 \u00a0 Taxation of directors and employees on vesting of equity instruments<\/strong><\/p>\n

<\/p>\n

(1)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Notwithstanding section\u00a0sections 9C<\/a> and 23(m)<\/a>, a taxpayer must include in or deduct from his or her income for a year of assessment any gain or loss determined in terms of subsection (2) in respect of the vesting during that year of any equity instrument, if that equity instrument was acquired by that taxpayer \u2013<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 6 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by virtue of his or her employment or office of director of any company or from any person by arrangement with the taxpayer\u2019s employer;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 by virtue of any restricted equity instrument held by that taxpayer in respect of which this section will apply upon vesting thereof; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 as a restricted equity instrument during the period of his or her employment by or office of director of any company from-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa)\u00a0\u00a0\u00a0that company or any associated institution in relation to that company; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 any person employed by or that is a director of-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(A)\u00a0\u00a0\u00a0 that company; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(B) \u00a0 \u00a0any associated institution in relation to that company.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 This section does not apply in respect of any equity instrument which \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 was acquired by the exercise or conversion of, or in exchange for the disposal of, any other equity instrument where this section applied in respect of the vesting of that other equity instrument before that exercise, conversion or exchange; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 constitutes a qualifying equity share contemplated in section 8B<\/a>.<\/span><\/p>\n

<\/p>\n

(1A)\u00a0\u00a0\u00a0\u00a0A taxpayer must include any amount received by or accrued to him or her during a year of assessment in respect of a restricted equity instrument in his or her income for that year of assessment if that amount does not constitute-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a return of capital or foreign return of capital by way of a distribution of a restricted equity instrument;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a dividend or foreign dividend in respect of that restricted equity instrument; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0an amount that must be taken into account in determining the gain or loss, in terms of this section, in respect of that restricted equity instrument.<\/span><\/p>\n

[Subsection (1A) inserted by section 11 of Act 60 of 2008, substituted by section 12 of Act 7 of 2010, section 19 of Act 24 of 2011 and\u00a0section 13 of Act 15 of 2016 effective on 1 March 2017, applies in respect of amounts received or accrued on or after that date]<\/span><\/p>\n

<\/p>\n

(2)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The gain to be included in the income of a taxpayer \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 a disposal contemplated in subsection (5)(c); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 a disposal by way of release, abandonment or lapse of an option or financial instrument contemplated in paragraph (a) or (b) of the definition of \u2018equity instrument\u2019,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

is the amount received or accrued in respect of that disposal which exceeds the sum of any consideration in respect of that equity instrument; or<\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in any other case, is the amount by which the market value of the equity instrument determined at the time that it vests in that taxpayer exceeds the sum of any consideration in respect of that equity instrument.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The loss to be deducted from the income of a taxpayer \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 a disposal contemplated in subsection (5)(c); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 a disposal by way of release, abandonment or lapse of an option or financial instrument contemplated in paragraph (a) or (b) of the definition of \u2018equity instrument\u2019,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

is the amount by which the sum of any consideration in respect of that equity instrument exceeds the amount received or accrued in respect of that disposal; or<\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in any other case, is the amount by which the consideration in respect of the equity instrument exceeds the market value of that equity instrument determined at the time that it vests in that taxpayer.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 An equity instrument acquired by a taxpayer is deemed for the purposes of this section to vest in that taxpayer \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of the acquisition of an unrestricted equity instrument, at the time of that acquisition; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of the acquisition of a restricted equity instrument, at the earliest of \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 when all the restrictions, which result in that equity instrument being a restricted equity instrument, cease to have effect;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 immediately before that taxpayer disposes of that restricted equity instrument, other than a disposal contemplated in subsection (4) or (5)(a), (b) or (c);<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 immediately after that equity instrument, which is an option contemplated in paragraph (a) of the definition of \u2018equity instrument\u2019 or a financial instrument contemplated in paragraph (b) of that definition, terminates (otherwise than by the exercise or conversion of that equity instrument);<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 immediately before that taxpayer dies, if all the restrictions relating to that equity instrument are or may be lifted on or after death; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 the time a disposal contemplated in subsection (2)(a)(1) or (b)(i) occurs.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(4)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 If a taxpayer disposes of a restricted equity instrument which was acquired in the manner contemplated in subsection (1) for an amount which consists of or includes any other restricted equity instrument in the employer of the taxpayer or an associated institution in relation to the employer, that other restricted equity instrument acquired in exchange is deemed to be acquired by that taxpayer by virtue of his or her employment or office of director of any company.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 If the amount received or accrued in respect of the restricted equity instrument which is disposed of as contemplated in paragraph (a) includes any payment in a form other than restricted equity instruments, that payment less any consideration attributable to that payment must be deemed to be a gain or loss which must be included in or deducted from the income of the taxpayer in the year of assessment during which that restricted equity instrument is so disposed of.<\/span><\/p>\n

<\/p>\n

(5)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 If a restricted equity instrument which was acquired by a taxpayer in the manner contemplated in subsection (1) is disposed of by that taxpayer to any person \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 otherwise than by or under a disposal made in terms of a transaction at arm\u2019s length; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 who is a connected person in relation to that taxpayer, the provisions of subsections (2), (3) and (4) apply mutatis mutandis in the determination of any gain or loss made by that person as if that person had been the taxpayer, and that gain or loss is for purposes of subsection (1) deemed to be made by that taxpayer in respect of the vesting of that equity instrument.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 If an equity instrument was acquired by any person other than the taxpayer by virtue of the taxpayer\u2019s employment or office of director, that equity instrument must, for purposes of this section, be deemed to have been so acquired by that taxpayer and disposed of to that person in the manner contemplated in paragraph (a).<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 Paragraph (a) does not apply where a taxpayer disposes of any restricted equity instrument (including by way of forfeiture, lapse or cancellation) to his or her employer, an associated institution or other person by arrangement with the employer in terms of a restriction imposed in relation to that equity instrument for an amount which is less than the market value of that restricted equity instrument.<\/span><\/p>\n

\u00a0\u00a0(6)\u00a0\u00a0\u00a0\u00a0 If a person who acquires a restricted equity instrument from the taxpayer as contemplated in subsection (5), disposes of that restricted equity instrument to any other person in the manner contemplated in subsection (5)(a)(i) or to a connected person in relation to the taxpayer, subsection (5) applies in respect of that other person as if he or she had acquired that restricted equity instrument directly from that taxpayer.<\/span><\/p>\n","post_title":"Section 8C (ITA) - Taxation of directors and employees on vesting of equity instruments","collection_order":211,"collection":597,"post_modified":"2019-02-09 21:51:02","post_date":"2015-10-15 12:15:16"},{"ID":"388","post_content":"

(7)\u00a0\u00a0\u00a0\u00a0 For purposes of this section, unless the context otherwise indicates \u2013<\/span><\/p>\n

\u00a0<\/p>\n

\u2018associated institution\u2019<\/strong> means an associated institution as contemplated in paragraph 1<\/a> of the Seventh Schedule;<\/p>\n","post_title":"\"Associated institution\" definition of section 8C of ITA","collection_order":212,"collection":597,"post_modified":"2019-02-09 22:41:58","post_date":"2015-04-14 10:20:07"},{"ID":"390","post_content":"

\u2018consideration\u2019<\/strong> in respect of an equity instrument means any amount given or to be given (otherwise man in the form of services rendered or to be rendered or anything done, to be done or not to be done) \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 by the taxpayer in respect of that equity instrument;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 by the taxpayer in respect of any other restricted equity instrument which had been disposed of by that taxpayer in exchange for that equity instrument, reduced by any amount attributable to the gain or loss determined in terms of subsection (4)(b); or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 by any person contemplated in subsection (5) (a) or (b) in respect of that restricted equity instrument to the extent that the amount does not exceed the amount the taxpayer would have had to give to acquire that equity instrument had it not been disposed of or deemed to have been disposed of by him or her, but does not include any amount given or to be given by that person to the taxpayer to acquire that restricted equity instrument:<\/span><\/p>\n

\u00a0<\/p>\n

Provided that where a taxpayer acquires \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an equity instrument in exchange for any other equity instrument, as contemplated in subsection (4)(a), the market value of the equity instrument given in exchange must not be taken into account in determining the consideration in respect of the equity instrument so acquired; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a right to acquire any marketable security in exchange for any other such right, as contemplated in section 8A<\/a>(5), and the right so acquired constitutes an equity instrument acquired in the manner contemplated in subsection (1), the consideration for that equity instrument must be determined as if it was acquired in the manner contemplated in subsection (4)(a);<\/span><\/p>\n","post_title":"\"Consideration\" definition of section 8C of ITA","collection_order":213,"collection":597,"post_modified":"2019-02-09 21:51:15","post_date":"2015-10-15 12:15:16"},{"ID":"392","post_content":"

\u2018employer\u2019<\/strong> means an employer as contemplated in paragraph 1<\/a> of the Seventh Schedule;<\/p>\n","post_title":"\"Employer\" definition of section 8C of ITA","collection_order":214,"collection":597,"post_modified":"2019-02-09 21:51:23","post_date":"2015-10-15 12:15:16"},{"ID":"394","post_content":"

\u2018equity instrument\u2019<\/strong> means a share or a member\u2019s interest in a company, and includes \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an option to acquire such a share, part of a share or member\u2019s interest;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any financial instrument that is convertible to a share or member\u2019s interest; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any contractual right or obligation the value of which is determined directly or indirectly with reference to a share or member\u2019s interest;<\/span><\/p>\n","post_title":"\"Equity instrument\" definition of section 8C of ITA","collection_order":215,"collection":597,"post_modified":"2019-02-09 21:51:33","post_date":"2015-10-15 12:15:15"},{"ID":"396","post_content":"

\u201cmarket value\u201d<\/strong> in relation to an equity instrument-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 of a private company as defined in the Companies Act or a company that would be regarded as a private company if it were incorporated under that Act, means an amount determined as its value in terms of a method of valuation \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 prescribed in the rules relating to the acquisition and disposal of that equity instrument;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 which is regarded as a proxy for the market value of that equity instrument for the purposes of those rules; and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 used consistently to determine both the consideration for the acquisition of that equity instrument and the price of the equity instrument repurchased from the taxpayer after it has vested in that taxpayer; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 of any other company, means the price which could be obtained upon the sale of that equity instrument between a willing buyer and a willing seller dealing freely at arm\u2019s length in an open market and, in the case of a restricted equity instrument, had the restriction to which that equity instrument is subject not existed;<\/span><\/p>\n","post_title":"\"Market value\" definition of section 8C of ITA","collection_order":216,"collection":597,"post_modified":"2019-02-09 21:51:40","post_date":"2015-10-15 12:15:15"},{"ID":"398","post_content":"

\u2018restricted equity instrument\u2019<\/strong> in relation to a taxpayer means an equity instrument \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 which is subject to any restriction (other than a restriction imposed by legislation) that prevents the taxpayer from freely disposing of that equity instrument at market value;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 which is subject to any restriction that could result in the taxpayer-<\/span><\/p>\n

\u00a0<\/p>\n

\u00a0(i) \u00a0 \u00a0 \u00a0forfeiting ownership or the right to acquire ownership of that equity instrument otherwise than at market value; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 being penalised financially in any other manner for not complying with the terms of the agreement for the acquisition of that equity instrument;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 if any person has retained the right to impose a restriction contemplated in paragraph (a) or (b) on the disposal of that equity instrument;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 which is an option contemplated in paragraph (a) of the definition of \u2018equity instrument\u2019 and where the equity instrument which can be acquired in terms of that option will be a restricted equity instrument;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 which is a financial instrument contemplated in paragraph (b) of the definition of \u2018equity instrument\u2019 and where the equity instrument to which that financial instrument can be converted will be a restricted equity instrument;<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 if the employer, associated institution in relation to the employer or other person by arrangement with the employer has at the time of acquisition by the taxpayer of the equity instrument undertaken to \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 cancel the transaction under which that taxpayer acquired the equity instrument; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 repurchase that equity instrument from that taxpayer at a price exceeding its market value on the date of repurchase,<\/span><\/p>\n

\u00a0<\/p>\n

if there is a decline in the value of the equity instrument after that acquisition; or<\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 which is not deliverable to the taxpayer until the happening of an event, whether fixed or contingent; and<\/span><\/p>\n","post_title":"\"Restricted equity instrument\" definition of section 8C of ITA","collection_order":217,"collection":597,"post_modified":"2019-02-09 21:51:48","post_date":"2015-10-15 12:15:15"},{"ID":"400","post_content":"

\u2018unrestricted equity instrument\u2019<\/strong> means an equity instrument which is not a restricted equity instrument.<\/p>\n","post_title":"\"Unrestricted equity instrument\" definition of section 8C of ITA","collection_order":218,"collection":597,"post_modified":"2019-02-09 21:51:54","post_date":"2015-10-15 12:15:15"},{"ID":"402","post_content":"

8E.\u00a0\u00a0\u00a0\u00a0Dividends derived from certain shares and equity instruments deemed to be income in relation to recipients thereof<\/span><\/strong><\/p>\n

[Heading of section 8E substituted by section 14 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"Section 8E (ITA) - Dividends derived from certain shares and equity instruments deemed to be income in relation to recipients thereof","collection_order":219,"collection":597,"post_modified":"2019-02-09 21:52:04","post_date":"2015-10-15 12:15:15"},{"ID":"404","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/p>\n

\u2018date of issue\u2019<\/strong>, in relation to a share in a company, means the date on which-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the share is issued by the company;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the company at any time after the share has been issued undertakes the obligation to redeem that share in whole or in part; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the holder of the share at any time after the share has been issued obtains the right to require that share to be redeemed in whole or in part, otherwise than as a result of the acquisition of that share by that holder;<\/span><\/p>\n","post_title":"\"Date of issue\" definition of section 8E of ITA","collection_order":220,"collection":597,"post_modified":"2019-02-09 21:52:10","post_date":"2015-10-15 12:15:15"},{"ID":"11490","post_content":"

\u201cequity instrument\u201d<\/strong>\u00a0means any right or interest the value of which is determined directly or indirectly with reference to-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a share; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0an amount derived from a share;<\/span><\/p>\n

[Definition of \u201cequity instrument\u201d inserted by section 14 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"\"Equity instrument\" definition of section 8E of ITA","collection_order":221,"collection":597,"post_modified":"2019-02-04 22:07:33","post_date":"2017-06-15 20:19:28"},{"ID":"406","post_content":"

\u2018financial instrument\u2019<\/strong> means any-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 interest-bearing arrangement; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 financial arrangement based on or determined with reference to a specified rate of interest or the time value of money;<\/span><\/p>\n","post_title":"\"Financial instrument\" definition of section 8E of ITA","collection_order":222,"collection":597,"post_modified":"2019-02-09 21:52:17","post_date":"2015-10-15 12:15:15"},{"ID":"408","post_content":"

\u2018hybrid equity instrument\u2019<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any share, other than an equity share, if-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the issuer of that share is obliged to redeem that share or to distribute an amount constituting a return of the issue price of that share (in whole or in part)\u037e or<\/span><\/p>\n

[Sub\u00adparagraph (i) substituted by section 8(1)(a) of Act 34 of 2019 deemed effective on 21 July, 2019 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the holder of that share may exercise an option in terms of which the issuer must redeem that share or distribute an amount constituting a return of the issue price of that share (in whole or in part),<\/span><\/p>\n

[Sub\u00adparagraph (ii) substituted by section 8(1)(a) of Act 34 of 2019 deemed effective on 21 July, 2019 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

within a period of three years from the date of issue of that share;<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any share, other than a share contemplated in paragraph (a), if-<\/span><\/p>\n

<\/p>\n

(i)<\/p>\n

<\/p>\n

(aa) \u00a0\u00a0the issuer of that share is obliged to redeem that share or to distribute an amount constituting a return of the issue price of that share (in whole or in part) within a period of three years from the date of issue of that share\u037e<\/span><\/p>\n

[Item (aa) substituted by section 8(1)(b) of Act 34 of 2019 deemed effective on 21 July, 2019 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(bb) \u00a0\u00a0the holder of that share may exercise an option in terms of which the issuer must redeem that share or distribute an amount constituting a return of the issue price of that share (in whole or in part) within a period of three years from the date of issue of that share\u037e or<\/span><\/p>\n

[Item (bb) substituted by section 8(1)(b) of Act 34 of 2019 deemed effective on 21 July, 2019 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 at any time on the date of issue of that share, the existence of the company issuing that share-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 is to be terminated within a period of three years; or<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0is likely to be terminated within a period of three years upon a reasonable consideration of all the facts at that time; and<\/span><\/p>\n

<\/p>\n

(ii)<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0 that share does not rank pari passu<\/em>\u00a0as regards its participation in dividends or foreign dividends with all other equity shares in the capital of the relevant company or, where the equity shares in such company are divided into two or more classes, with the shares of at least one of such classes; or<\/span><\/p>\n

[Item (aa) substituted by section 12 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0any dividend or foreign dividend payable on such share is to be calculated directly or indirectly with reference to any specified rate of interest or the time value of money;<\/span><\/p>\n

[Item (bb) amended by section 14 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any preference share if that share is-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 secured by a financial instrument; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 subject to an arrangement in terms of which a financial instrument may not be disposed of,<\/span><\/p>\n

<\/p>\n

unless that share was issued for a qualifying purpose;<\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0any equity instrument the value of which is determined directly or indirectly with reference to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a share contemplated in paragraph (a) or (b) or a preference share contemplated in paragraph (c); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0an amount derived from a share or preference share contemplated in subparagraph (i); or<\/span><\/p>\n

[Paragraph (d) added by section 14 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0any equity instrument, other than an equity instrument contemplated in paragraph (d), if that equity instrument is subject to a right or arrangement that would have constituted a right or arrangement contemplated in paragraph (a), (b) or (c) had that right or arrangement applied in respect of the share with reference to which the value of that equity instrument is directly or indirectly determined;<\/span><\/p>\n

[Paragraph (e)\u00a0added by\u00a0section\u00a014(1)(d)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and substituted by\u00a0section\u00a08(1)(c)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and by\u00a0section\u00a07\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n","post_title":"\"Hybrid equity instrument\" definition of section 8E of ITA","collection_order":223,"collection":597,"post_modified":"2023-01-21 20:57:06","post_date":"2015-10-15 12:15:15"},{"ID":"20199","post_content":"

\u201cissue price\u201d <\/strong>in relation to a share in a company means the amount that was received by or that accrued to that company in respect of the issue of that share\u037e<\/p>\n

[Definition of \u201cissue price\u201d inserted by section 8(1)(d) of Act 34 of 2019 deemed effective on 21 July, 2019 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"\"Issue price\" definition of section 8E of ITA","collection_order":224,"collection":597,"post_modified":"2021-02-10 09:13:21","post_date":"2020-03-04 16:30:04"},{"ID":"410","post_content":"

\u2018preference share\u2019<\/strong> means a preference share as defined in section 8EA<\/a>(1);<\/p>\n","post_title":"\"Preference share\" definition of section 8E of ITA","collection_order":225,"collection":597,"post_modified":"2020-03-04 16:32:40","post_date":"2015-10-15 12:15:15"},{"ID":"412","post_content":"

\u2018qualifying purpose\u2019<\/strong> means a qualifying purpose as defined in section 8EA<\/a>(1).<\/p>\n","post_title":"\"Qualifying purpose\" definition of section 8E of ITA","collection_order":226,"collection":597,"post_modified":"2020-03-04 16:32:51","post_date":"2015-10-15 12:15:15"},{"ID":"414","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Any dividend or foreign dividend received by or accrued to a person during any year of assessment in respect of a share or equity instrument\u00a0must be deemed in relation to that person to be an amount of income accrued to that person if that share or equity instrument constitutes a hybrid equity instrument at any time during that year of assessment.<\/span><\/p>\n

[Subsection (2) substituted by section 14 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n


<\/span><\/p>\n

(2A)\u00a0\u00a0Where any share or preference share that was issued in terms of an agreement, all the terms of which were finally agreed to before 1 April 2012 by all the parties to that agreement, constitutes a hybrid equity instrument solely by reason of a right of redemption or a security arrangement acquired in accordance with the terms of that agreement and that right or arrangement is cancelled on or after 26 October 2016 and on or before 31 December 2017-<\/span><\/p>\n


<\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the provisions of subsection (2) will not apply in respect of any dividend or foreign dividend that accrues in respect of that share after the date of cancellation of that right or arrangement; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the cancellation of that right or arrangement must not be treated as a disposal of that share if no consideration is payable in respect of that cancellation.<\/span><\/p>\n

[Subsection (2A) inserted by section 14 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"Subsection 2 of section 8E of ITA","collection_order":227,"collection":597,"post_modified":"2021-01-02 21:17:47","post_date":"2015-10-15 12:15:15"},{"ID":"416","post_content":"

8EA. <\/strong>Dividends on third-party backed shares deemed to be income in relation to recipients thereof<\/strong><\/span><\/p>\n","post_title":"Section 8EA (ITA) - Dividends on third-party backed shares deemed to be income in relation to recipients thereof","collection_order":228,"collection":597,"post_modified":"2019-02-09 21:52:55","post_date":"2015-10-15 12:15:15"},{"ID":"418","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

\u2018enforcement obligation\u2019.<\/strong>..<\/p>\n

[Definition of \u201cenforcement obligation\u201d substituted by section 15(1)(a) of Act 15 of 2016 and deleted by section 9(a) of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Enforcement obligation\" definition of section 8EA of ITA","collection_order":229,"collection":597,"post_modified":"2021-02-10 09:13:31","post_date":"2015-10-15 12:15:15"},{"ID":"420","post_content":"

\u2018enforcement right\u2019<\/strong>\u00a0in relation to a share or equity instrument means any right, whether fixed or contingent, of the holder of that share or equity instrument or of any person that is a connected person in relation to that holder to require any person other than the issuer of that share or equity instrument to-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0acquire that share or equity instrument from the holder;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0make any payment in respect of that share or equity instrument in terms of a guarantee, indemnity or similar arrangement; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0procure, facilitate or assist with any acquisition contemplated in paragraph (a) or the\u00a0\u00a0\u00a0making of any payment contemplated in paragraph (b);<\/span><\/p>\n

[Definition of \u2018enforcement right\u2019 substituted by section 15 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"\"Enforcement right\" definition of section 8EA of ITA","collection_order":230,"collection":597,"post_modified":"2019-02-09 21:53:18","post_date":"2015-10-15 12:15:15"},{"ID":"11498","post_content":"

\u2018equity instrument\u2019<\/strong>\u00a0means a right or interest the value of which is determined directly or indirectly with reference to-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a preference share; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0an amount derived from a preference share;<\/span><\/p>\n

[Definition of \u2018equity instrument\u2019 inserted by section 15 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"\"Equity instrument\" definition of section 8EA of ITA","collection_order":231,"collection":597,"post_modified":"2019-02-04 22:07:24","post_date":"2017-06-15 20:28:08"},{"ID":"422","post_content":"

\u2018operating company\u2019<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any company that carries on business continuously, and in the course or furtherance of that business-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 provides goods or services for consideration; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 carries on exploration for natural resources;<\/span><\/p>\n

[Paragraph (a) substituted by section 7 of Act 43 of 2014 effective on 1 January 2013]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any company that is a controlling group company in relation to a company contemplated in paragraph (a);or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any company that is a listed company;<\/span><\/p>\n","post_title":"\"Operating company\" definition of section 8EA of ITA","collection_order":232,"collection":597,"post_modified":"2019-02-09 21:53:25","post_date":"2015-10-15 12:15:15"},{"ID":"424","post_content":"

\u2018preference share\u2019<\/strong> means any share-<\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0other than an equity share; or<\/span><\/p>\n

\u00a0<\/p>\n

(b) \u00a0 \u00a0 that is an equity share, if an amount of any dividend or foreign dividend in respect of that share is based on or determined with reference to a specified rate of interest or the time value of money;<\/span><\/p>\n","post_title":"\"Preference share\" definition of section 8EA of ITA","collection_order":233,"collection":597,"post_modified":"2019-02-09 21:53:34","post_date":"2015-10-15 12:15:15"},{"ID":"426","post_content":"

\u2018qualifying purpose\u2019<\/strong>, in relation to the application of the funds derived from the issue of a preference share, means one or more of the following purposes:<\/p>\n

[Words preceding paragraph (a) substituted by section 7 of Act 43 of 2014 effective on 1 January 2013]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0The direct or indirect acquisition of an equity share by any person in a company that is an operating company at the time of the receipt or accrual of any dividend or foreign dividend in respect of that preference share, other than a direct or indirect acquisition of an equity share from a company that, immediately before that acquisition, formed part of the same group of companies as the person acquiring that equity share;<\/span><\/p>\n

[Paragraph (a) substituted\u00a0\u00a0by section 15 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 the partial or full settlement by any person of any-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 debt incurred for one or more of the following purposes:<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0\u00a0The direct or indirect acquisition of an equity share by any person in a company that is an operating company at the time of the receipt or accrual of any dividend or foreign dividend in respect of that preference share, other than a direct or indirect acquisition of an equity share from a company that, immediately before that acquisition, formed part of the same group of companies as the person acquiring that equity share;<\/span><\/p>\n

[Item (aa) substituted by section 15 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

\u00a0(bb) \u00a0 a direct or indirect acquisition or a redemption contemplated in paragraph (c);<\/span><\/p>\n

\u00a0<\/span><\/p>\n

\u00a0(cc) \u00a0 the payment of any dividend or foreign dividend as contemplated in paragraph (d); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(dd) \u00a0 the partial or full settlement, directly or indirectly, of any debt incurred as contemplated in item (aa), (bb) or (cc); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 interest accrued on any debt contemplated in subparagraph (i);<\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the direct or indirect acquisition by any person or a redemption by any person of any other preference share if-<\/span><\/p>\n

<\/p>\n

(i) \u00a0 that other preference share was issued for any purpose contemplated in this definition; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the amount received by or accrued to the issuer of that preference share as consideration for the issue of that preference share does not exceed the amount outstanding in respect of that other preference share being acquired or redeemed, being the sum of-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 that amount; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any amount of dividends, foreign dividends or interest accrued in respect of that other preference share; or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the payment by any person of any dividend or foreign dividend in respect of the other preference share contemplated in paragraph (c);<\/span><\/p>\n","post_title":"\"Qualifying purpose\" definition of section 8EA of ITA","collection_order":234,"collection":597,"post_modified":"2021-01-02 21:20:33","post_date":"2015-10-15 12:15:15"},{"ID":"428","post_content":"

\u201cthird\u00ad-party backed share\u201d <\/strong>means any preference share or equity instrument in respect of which an enforcement right is exercisable by the holder of that preference share or equity instrument as a result of any amount of any specified dividend, foreign dividend, return of capital or foreign return of capital attributable to that share or equity instrument not being received by or accruing to any person entitled thereto\u037e<\/p>\n

[Definition of \u201cthird-\u00adparty backed share\u201d amended by section 11(1)(c) of Act 31 of 2013 and substituted by section 15(1)(f) of Act 15 of 2016 and by section 9(b) of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Third-party backed share\" definition of section 8EA of ITA","collection_order":235,"collection":597,"post_modified":"2021-02-10 09:13:47","post_date":"2015-10-15 12:15:15"},{"ID":"430","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Any dividend or foreign dividend received by or accrued to a person during any year of assessment in respect of a share or equity instrument must be deemed in relation to that person to be an amount of income received by or accrued to that person if that share or equity instrument constitutes a third-party backed share at any time during that year of assessment.<\/span><\/p>\n

[Subsection (2) substituted by section 15 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(2A)\u00a0\u00a0Where a preference share that was issued in terms of an agreement, all the terms of which were finally agreed to before 1 April 2012 by all the parties to that agreement, constitutes a third-party backed share solely by reason of an enforcement right acquired in accordance with the terms of that agreement and that enforcement right is cancelled on or after 26 October 2016 and on or before 31 December 2017, the provisions of subsection (2) will not apply in respect of any dividend or foreign dividend that accrues in respect of that share after the date of cancellation of that enforcement right.<\/span><\/p>\n

[Subsection (2A) inserted by section 15 of Act 15 of 2016 and substituted by section 13 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(3)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0Where the funds derived from the issue of a preference share were applied for a qualifying purpose, in determining whether an enforcement right is exercisable in respect of that share, no regard must be had to any arrangement in terms of which the holder of that share has an enforcement right in respect of that share and that right is exercisable, against the persons contemplated in paragraph (b).<\/span><\/p>\n

[Paragraph (a) substituted by section 9(c) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 For the purposes of the determination contemplated in paragraph (a) no regard must be had to the following persons:<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 The operating company to which that qualifying purpose relates;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any issuer of a preference share if that preference share was issued for a qualifying purpose;<\/span><\/p>\n

[Subparagraph (ii) substituted by section 7 of Act 43 of 2014 effective on 1 January 2013]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 any other person that directly or indirectly holds at least 20 per cent of the equity shares in-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the operating company contemplated in subparagraph (i); or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the issuer contemplated in subparagraph (ii);<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 any company that forms part of the same group of companies as-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the operating company contemplated in subparagraph (i);<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 the issuer contemplated in subparagraph (ii); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(cc) \u00a0\u00a0the other person that directly or indirectly holds at least 20 per cent of the equity shares in the operating company contemplated in subparagraph (i) or the issuer contemplated in subparagraph (ii);<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 any natural person;<\/span><\/p>\n

[Subparagraph (v) amended by section 7 of Act 43 of 2014 effective on 1 January 2013]<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 any organisation-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 which is-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 a non-profit company as defined in section 1 of the Companies Act; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 a trust or association of persons; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 if-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 all the activities of that organisation are carried on in a non-profit manner; and<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 none of the activities of that organisation are intended to directly or indirectly promote the economic self-interest of any fiduciary or employee of that organisation, otherwise than by way of reasonable remuneration payable to that fiduciary or employee; or<\/span><\/p>\n

[Subparagraph (vi) amended by section 7 of Act 43 of 2014 effective on 1 January 2013]<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0\u00a0any person that holds equity shares in an issuer contemplated in subparagraph (ii) if the enforcement right exercisable against that person is limited to any rights in and claims against that issuer that are held by that person.<\/span><\/p>\n

[Sub\u00adparagraph (vii) added by section 7(1)(d) of Act 43 of 2014 and substituted by section 10(1) of Act 17 of 2017 and by section 9(d) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

Provided that where an equity share in an operating company is acquired by any person as contemplated in paragraph (a) or (b) of the definition of \u201cqualifying purpose\u201d and the share so acquired is no longer held directly or indirectly by that person at the time of the receipt or accrual of that dividend or foreign dividend in respect of the preference share, this subsection must not apply, unless-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0that equity share in the operating company was disposed of and the funds derived from that disposal are used by the issuer of the preference share for the redemption of that preference share within 90 days of that disposal; or<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that equity share in the operating company was a listed share and substituted for a listed share in terms of an arrangement that is announced and released as a corporate action as contemplated in the JSE Limited Listings Requirements in the SENS (Stock Exchange News Service) as defined in the JSE Limited Listings Requirements or a corporate action as contemplated in the listings requirements of any other exchange, licensed under the Financial Markets Act, that are substantially the same as the requirements prescribed by the JSE Limited Listings Requirements, where that corporate action complies with the applicable requirements of that exchange.<\/span><\/span><\/p>\n

[Section 8EA\u00a0(section\u00a021(1) of\u00a0Act\u00a024 of 2011\u00a0repealed by\u00a0section\u00a0165(1)\u00a0of\u00a0Act\u00a022 of 2012\u00a0effective on 10\u00a0January, 2012) inserted by\u00a0section\u00a012(1)\u00a0of\u00a0Act\u00a022 of 2012\u00a0with effect from (a) in the case of dividends or foreign dividends received in cash by any person during any year of assessment of that person that commences on or after 1\u00a0January, 2013, on 1\u00a0April, 2012 and applicable in respect of any dividend or foreign dividend so received if that dividend or foreign dividend (i) accrued to that person on or after 1\u00a0April, 2012; and (ii) is received by that person on or after a date three months after the date on which that dividend or foreign dividend accrued to that person; or (b) in the case of dividends or foreign dividends (i) received by or accrued to any person; and (ii) that are not received by and accrued to that person as contemplated in (a), on 1\u00a0January, 2013 and applicable in respect of any dividend or foreign dividend so received and accrued during years of assessment of that person that commence on or after that date.\u00a0Subsection\u00a0(3)\u00a0added by\u00a0section\u00a011(1)(d)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and amended by\u00a0section 5(1)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of any dividend or foreign dividend received or accrued during years of assessment commencing on or after the date]<\/span><\/p>\n","post_title":"Subsection 2 and 3 of section 8EA of ITA","collection_order":236,"collection":597,"post_modified":"2024-01-26 09:25:51","post_date":"2015-10-15 12:15:15"},{"ID":"432","post_content":"

8F. \u00a0 \u00a0 Interest on hybrid debt instruments deemed to be dividends in specie<\/em><\/span><\/strong><\/p>\n","post_title":"Section 8F (ITA) - Interest on hybrid debt instruments deemed to be dividends in specie","collection_order":237,"collection":597,"post_modified":"2019-02-09 21:54:02","post_date":"2015-10-15 12:15:15"},{"ID":"11505","post_content":"

(1) \u00a0\u00a0\u00a0\u00a0For the purposes of this section\u2014<\/span><\/p>\n


<\/strong><\/p>\n

\u2018enforcement right\u2019<\/strong>\u00a0in relation to an instrument means any right, whether fixed or contingent, to require any person other than the issuer of that instrument to-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0acquire that instrument from the holder thereof;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0make any payment in respect of that instrument in terms of a guarantee, indemnity or similar arrangement; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0procure, facilitate or assist with any acquisition contemplated in paragraph (a) or the making of any payment contemplated in paragraph (b);<\/span><\/p>\n

[Definition of \u2018enforcement right\u2019 inserted by section 16 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Enforcement right\" definition of section 8F of ITA","collection_order":238,"collection":597,"post_modified":"2021-08-03 09:46:30","post_date":"2017-06-16 09:23:19"},{"ID":"434","post_content":"

\u2018hybrid debt instrument\u2019<\/strong> means any instrument in respect of which a company owes an amount during a year of assessment if in terms of any arrangement as defined in section 80L-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that company is in that year of assessment entitled or obliged to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 convert that instrument (or any part thereof) in any year of assessment to; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 exchange that instrument (or any part thereof) in any year of assessment for,<\/span><\/p>\n

<\/p>\n

shares unless the market value of those shares is equal to the amount owed in terms of the instrument at the time of conversion or exchange;<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the obligation to pay an amount so owed on a date or dates falling within that year of assessment has been deferred by reason of that obligation being conditional upon the market value of the assets of that company not being less than the amount of the liabilities of that company; or<\/span><\/p>\n

[Paragraph (b) substituted by section 16 of Act 15 of 2016 effective on 1 January 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that company owes the amount to a connected person in relation to that company and is not obliged to redeem the instrument, excluding any instrument payable on demand, within 30 years from the date of issue of that instrument;<\/span><\/p>\n

[Words and subparagraphs preceding the proviso substituted by section 9 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

Provided that, for the purposes of this paragraph, where the company has the right to-<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 convert that instrument to; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 exchange that instrument for,<\/span><\/p>\n

<\/p>\n

a financial instrument other than a share-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 that conversion or exchange must be deemed to be an arrangement in respect of that instrument; and<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0that instrument and that financial instrument must be deemed to be one and the same instrument for the purposes of determining the period within which the company is obliged to redeem that instrument;<\/span><\/p>\n","post_title":"\"Hybrid debt instrument\" definition of section 8F of ITA","collection_order":239,"collection":597,"post_modified":"2019-02-09 21:54:11","post_date":"2015-10-15 12:15:15"},{"ID":"436","post_content":"

\u2018instrument\u2019<\/strong>\u00a0means any form of interest-bearing arrangement or debt that is issued by-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a company that is a resident;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a company that is not a resident if the interest in respect of that instrument is attributable to a permanent establishment of that company in the Republic; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a company that is a controlled foreign company as contemplated in\u00a0section 9D<\/a>\u00a0if the interest incurred in respect of that instrument must be taken into account in determining the net income of that controlled foreign company as contemplated in that section;<\/span><\/p>\n

[Definition of \u2018instrument\u2019 substituted by section 16 of Act 15 of 2016 effective on 24 February 2016, applies in respect of amounts incurred in respect of an instrument on or after that date]<\/span><\/p>\n","post_title":"\"Instrument\" definition of section 8F of ITA","collection_order":240,"collection":597,"post_modified":"2019-02-09 21:54:17","post_date":"2015-10-15 12:15:15"},{"ID":"438","post_content":"

\u2018issue\u2019<\/strong>, in relation to an instrument, means the creation of a liability to pay an amount in terms of that instrument;<\/p>\n","post_title":"\"Issue\" definition of section 8F of ITA","collection_order":241,"collection":597,"post_modified":"2019-02-09 21:54:23","post_date":"2015-10-15 12:15:15"},{"ID":"440","post_content":"

\u2018interest\u2019<\/strong> means interest as defined in section 24J<\/a>(1);<\/p>\n

[Definition of \u201cinterest\u201d substituted by section 9 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"\"Interest\" definition of section 8F of ITA","collection_order":242,"collection":597,"post_modified":"2019-02-09 22:41:52","post_date":"2015-04-14 11:24:08"},{"ID":"442","post_content":"

\u2018redeem\u2019<\/strong>, in relation to an instrument, means the discharge of all liability to pay all amounts in terms of that instrument.<\/p>\n","post_title":"\"Redeem\" definition of section 8F of ITA","collection_order":243,"collection":597,"post_modified":"2019-02-09 21:54:29","post_date":"2015-10-15 12:15:15"},{"ID":"11511","post_content":"

\u2018third-party backed instrument\u2019<\/strong>\u00a0means any instrument in respect of which an enforcement right is exercisable as a result of any amount relating to that instrument not being received by or accruing to any person entitled thereto.<\/p>\n

[Definition of \u2018third-party backed instrument\u2019 added by section 16 of Act 15 of 2016 effective on\u00a01 January 2017, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Third-party backed instrument\" definition of section 8F of ITA","collection_order":244,"collection":597,"post_modified":"2019-02-04 22:07:07","post_date":"2017-06-16 09:28:20"},{"ID":"444","post_content":"

(2) \u00a0\u00a0\u00a0\u00a0Any amount that is incurred by a company or accrues to a person in respect of interest on or after the date that an instrument becomes a hybrid debt instrument is\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0deemed to be a dividend in specie in respect of a share that is declared and paid by that company to the person to whom that amount accrued on the last day of the year of assessment of that company during which it was incurred;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0not deductible; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0deemed to be a dividend in specie in respect of a share that accrues to that person on the date contemplated in paragraph (a).<\/span><\/p>\n

[Subsection\u00a0(2)\u00a0amended by\u00a0section\u00a08\u00a0of\u00a0Act\u00a043 of 2014, substituted by\u00a0section\u00a016(1)(e)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section\u00a011\u00a0of\u00a0Act 17 of 2017, amended by\u00a0section\u00a014(1)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and substituted by\u00a0section\u00a08(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on the date of promulgation of that Act, 19 January, 2022 and applicable in respect of amounts incurred or accrued on or after that date]<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 This section does not apply to any instrument-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in respect of which all amounts are owed by a small business corporation as defined in section 12E<\/a>(4);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that constitutes a tier 1 or tier 2 capital instrument referred to in the regulations issued in terms of section 90 of the Banks Act (contained in Government Notice No. R.1029 published in Government Gazette No. 35950 of 12 December 2012) issued-<\/span><\/p>\n


<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by a bank as defined in section 1 of that Act; or<\/span><\/p>\n


<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0by a controlling company in relation to that bank;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0of any class that is subject to approval as contemplated in the-<\/span><\/p>\n


<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Short-term Insurance Act in accordance with the conditions determined in terms of section 23(a)(i) of that Act by the Registrar defined in that Act, where an amount is owed in respect of that instrument by a short-term insurer as defined in that Act; or<\/span><\/p>\n


<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0Long-term Insurance Act in accordance with the conditions determined in terms of section 24(a)(i) of that Act by the Registrar defined in that Act, where an amount is owed in respect of that instrument by a long-term insurer as defined in that Act;<\/span><\/p>\n

[Paragraph (c) amended by\u00a0section\u00a016(1)(f)\u00a0of\u00a0Act\u00a015 of 2016\u00a0effective on 1\u00a0January, 2017 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0that constitutes a linked unit in a company where the linked unit is held by a long-term insurer as defined in the Long-term Insurance Act, a pension fund, a provident fund, a REIT or a short-term insurer as defined in the Short-term Insurance Act, if\u2014<\/span><\/p>\n


<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the long-term insurer, pension fund, provident fund, REIT or short-term insurer holds at least 20 per cent of the linked units in that company;<\/span><\/p>\n


<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the long-term insurer, pension fund, provident fund, REIT or short-term insurer acquired those linked units before 1 January 2013; and<\/span><\/p>\n


<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0at the end of the previous year of assessment 80 per cent or more of the value of the assets of that company, reflected in the annual financial statements prepared in accordance with the Companies Act for the previous year of assessment, is directly or indirectly attributable to immovable property;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0that constitutes a third-party backed instrument; or<\/span><\/p>\n

[Paragraph (e) added by section 16 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 that constitutes a hybrid debt instrument solely in terms of paragraph (b) of the definition of hybrid debt instrument if a registered auditor, as contemplated in the Auditing Profession Act, 2005 (Act No. 26 of 2005), has certified that the payment, by a company, of an amount owed in respect of that instrument has been or is to be deferred by reason of the market value of the assets of that company being less than the amount of the liabilities of that company.<\/span><\/p>\n

[Paragraph (f) added by section 16 of Act 15 of 2016 effective on 1 January 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Subsection 2 and 3 of section 8F of ITA","collection_order":245,"collection":597,"post_modified":"2023-01-30 20:59:19","post_date":"2015-04-14 11:26:14"},{"ID":"448","post_content":"

8FA. \u00a0 \u00a0 Hybrid interest deemed to be dividends in specie<\/em><\/span><\/strong><\/p>\n","post_title":"Section 8FA (ITA) - Hybrid interest deemed to be dividends in specie","collection_order":246,"collection":597,"post_modified":"2019-02-09 21:54:39","post_date":"2015-10-15 12:15:15"},{"ID":"450","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/p>\n

\u2018hybrid interest\u2019<\/strong>, in relation to any debt owed by a company in terms of an instrument, means-<\/p>\n

\u00a0<\/p>\n

\u00a0 (a)\u00a0\u00a0\u00a0\u00a0 any interest where the amount of that interest is-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 not determined with reference to a specified rate of interest; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 not determined with reference to the time value of money; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if the rate of interest has in terms of that instrument been raised by reason of an increase in the profits of the company, so much of the amount of interest as has been determined with reference to the raised rate of interest as exceeds the amount of interest that would have been determined with reference to the lowest rate of interest in terms of that instrument during the current year of assessment and the previous five years of assessment;<\/span><\/p>\n","post_title":"\"Hybrid interest\" definition of section 8FA of ITA","collection_order":247,"collection":597,"post_modified":"2019-02-09 21:54:48","post_date":"2015-10-15 12:15:15"},{"ID":"452","post_content":"

\u2018instrument\u2019<\/strong>\u00a0means an instrument as defined in\u00a0section 8F<\/a>(1);<\/p>\n

[Definition of \u2018instrument\u2019 substituted by section 17 of Act 15 of 2016 effective on 24 February 2016, applies in respect of amounts incurred in respect of an instrument on or after that date]<\/span><\/p>\n","post_title":"\"Instrument\" definition of section 8FA of ITA","collection_order":248,"collection":597,"post_modified":"2019-02-09 21:54:53","post_date":"2015-10-15 12:15:15"},{"ID":"454","post_content":"

\u2018issue\u2019<\/strong>, in relation to an instrument, means the creation of a liability to pay or a right to receive an amount in terms of that instrument;<\/p>\n","post_title":"\"Issue\" definition of section 8FA of ITA","collection_order":249,"collection":597,"post_modified":"2019-02-09 21:55:02","post_date":"2015-10-15 12:15:15"},{"ID":"456","post_content":"

\u2018interest\u2019<\/strong> means interest as defined in section 24J<\/a>(1);<\/p>\n

[Definition of \u201cinterest\u201d substituted by section 10 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"\"Interest\" definition of section 8FA of ITA","collection_order":250,"collection":597,"post_modified":"2019-02-09 21:55:09","post_date":"2015-10-15 12:15:15"},{"ID":"458","post_content":"

(2) \u00a0\u00a0\u00a0\u00a0Any amount that is incurred by a company or accrues to a person in respect of interest on or after the date that the interest becomes hybrid interest is\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0deemed to be a dividend in specie in respect of a share that is declared and paid by that company to the person to whom that amount accrued on the last day of the year of assessment of that company during which it was incurred;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0not deductible; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0deemed to be a dividend in specie in respect of a share that accrues to that person on the date contemplated in paragraph (a).<\/span><\/p>\n

[Subsection\u00a0(2)\u00a0amended by\u00a0section\u00a09(1)\u00a0of\u00a0Act\u00a043 of 2014, substituted by\u00a0section\u00a017(1)(b)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section\u00a012\u00a0of\u00a0Act 17 of 2017, amended by\u00a0section\u00a015(1)\u00a0of\u00a0Act 23 of 2018\u00a0and substituted by\u00a0section\u00a09(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on the date of promulgation of that Act, 19 January, 2022 and applicable in respect of amounts incurred or accrued on or after that date]<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 This section does not apply to any interest owed in respect of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a debt owed by a small business corporation as defined in section 12E<\/a>(4);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0an instrument that constitutes a tier 1 or tier 2 capital instrument referred to in the regulations issued in terms of section 90 of the Banks Act (contained in Government Notice No. R.1029 published in Government Gazette No. 35950 of 12 December 2012) issued-<\/span><\/p>\n


<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by a bank as defined in section 1 of that Act; or<\/span><\/p>\n


<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0by a controlling company in relation to that bank;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0an instrument of any class that is subject to approval as contemplated-<\/span><\/p>\n


<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in the Short-term Insurance Act in accordance with the conditions determined in terms of section 23(1)(a) of that Act by the Registrar defined in that Act, where an amount is owed in respect of that instrument by a short-term insurer as defined in that Act; or<\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section\u00a017(1)(c)\u00a0of\u00a0Act\u00a015 of 2016\u00a0effective on 1\u00a0January, 2017 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in the Long-term Insurance Act in accordance with the conditions determined in terms of section 24(1)(a) of that Act by the Registrar defined in that Act, where an amount is owed in respect of that instrument by a long-term insurer as defined in that Act; or<\/span><\/p>\n

[Subparagraph\u00a0(ii)\u00a0substituted by\u00a0section\u00a017(1)(c)\u00a0of\u00a0Act\u00a015 of 2016\u00a0effective on 1\u00a0January, 2017 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0an instrument that constitutes a linked unit in a company where the linked unit is held by a long-term insurer as defined in the Long-term Insurance Act, a pension fund, a provident fund, a REIT or a short-term insurer as defined in the Short-term Insurance Act, if-<\/span><\/p>\n


<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the long-term insurer, pension fund, provident fund, REIT or short-term insurer holds at least 20 per cent of the linked units in that company;<\/span><\/p>\n


<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the long-term insurer, pension fund, provident fund, REIT or short-term insurer acquired those linked units before 1 January 2013; and<\/span><\/p>\n


<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0at the end of the previous year of assessment 80 per cent or more of the value of the assets of that company, reflected in the annual financial statements prepared in accordance with the Companies Act for the previous year of assessment, is directly or indirectly attributable to immovable property;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0an instrument that constitutes a third-party backed instrument as defined in\u00a0section 8F<\/a>(1).<\/span><\/p>\n

[Paragraph (e) added by section 17 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Subsection 2 and 3 of section 8FA of ITA","collection_order":251,"collection":597,"post_modified":"2023-01-30 21:12:52","post_date":"2015-10-15 12:15:15"},{"ID":"12698","post_content":"

8G.\u00a0\u00a0\u00a0Determination of contributed tax capital in respect of shares issued to a group company<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this section \u2018group of companies\u2019 means two or more companies in which one company (hereinafter referred to as the \u2018controlling group company\u2019) directly or indirectly holds shares or voting rights in at least one other company (hereinafter referred to as the \u2018controlled group company\u2019), to the extent that-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 at least 50 per cent of the equity shares or voting rights in each controlled group company are directly held by the controlling group company, one or more other controlled group companies or any combination thereof; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the controlling group company directly holds at least 50 per cent of the equity shares or voting rights in at least one controlled group company.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Where a company issues shares (hereinafter referred to as the \u2018issuing company\u2019) to any company that is not a resident (hereinafter referred to as the \u2018subscribing company\u2019) that forms, after that transaction, part of the same group of companies as the issuing company, the amount of the contributed tax capital in relation to those shares will, to the extent that the consideration for those shares-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 consists of; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is used, directly or indirectly to acquire,<\/span><\/p>\n

<\/p>\n

any shares in another company that is a resident (hereinafter referred to as the \u2018target company\u2019) and that forms part of a group of companies in relation to the subscribing company, be equal to so much of the total contributed tax capital attributable to shares of that class in that target company so acquired, determined in terms of subsection (3), as bears the same ratio that the number of shares so acquired bears to the total number of shares of that class.<\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The contributed tax capital in relation to the shares in that target company must be determined-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in terms of paragraph (b) of the definition of \u2018contributed tax capital\u2019 in section 1; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 with reference to the date from which that target company formed part of a group of companies in relation to the subscribing company.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph (a) of the definition of \u2018contributed tax capital\u2019 in section 1 does not apply in respect of any shares of a class that were issued, as contemplated in subsection (2), by an issuing company before that issuing company became a resident.<\/span><\/p>\n

[Section 8G inserted by section 13 of Act 17 of 2017 effective on 19 July 2017, applies in respect of any share issued on or after that date]<\/span><\/p>\n","post_title":"Section 8G (ITA) - Determination of contributed tax capital in respect of shares issued to a group company","collection_order":252,"collection":597,"post_modified":"2019-06-19 10:56:39","post_date":"2018-01-17 17:09:09"},{"ID":"460","post_content":"

9. \u00a0 \u00a0 Source of income<\/span><\/strong><\/p>\n","post_title":"Section 9 (ITA) - Source of income","collection_order":253,"collection":597,"post_modified":"2019-02-23 18:52:17","post_date":"2015-10-15 12:15:15"},{"ID":"462","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section, \u201croyalty\u201d<\/strong> means any amount that is received or accrues in respect of the use, right of use or permission to use any intellectual property as defined in section 23I<\/a>.<\/span><\/p>\n","post_title":"\"Royalty\" definition of section 9 of ITA","collection_order":254,"collection":597,"post_modified":"2019-02-09 21:55:32","post_date":"2015-10-15 12:15:15"},{"ID":"464","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 An amount is received by or accrues to a person from a source within the Republic if that amount-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 constitutes a dividend received by or accrued to that person;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 constitutes interest as defined in section 24J<\/a> where that interest-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is attributable to an amount incurred by a person that is a resident, unless the interest is attributable to a permanent establishment which is situated outside the Republic; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 is received or accrues in respect of the utilisation or application in the Republic by any person of any funds or credit obtained in terms of any form of interest-bearing arrangement;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 constitutes a royalty that is attributable to an amount incurred by a person that is a resident, unless that royalty is attributable to a permanent establishment which is situated outside the Republic;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 constitutes a royalty that is received or accrues in respect of the use or right of use of or permission to use in the Republic any intellectual property as defined in section 23I<\/a>;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 is attributable to an amount incurred by a person that is a resident and is received or accrues in respect of the imparting of or the undertaking to impart any scientific, technical, industrial or commercial knowledge or information, or the rendering of or the undertaking to render, any assistance or service in connection with the application or utilization of such knowledge or information, unless the amount so received or accrued is attributable to a permanent establishment which is situated outside the Republic;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 is received or accrues in respect of the imparting of or the undertaking to impart any scientific, technical, industrial or commercial knowledge or information for use in the Republic, or the rendering of or the undertaking to render, any assistance or service in connection with the application or utilisation of such knowledge or information;<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 is received or accrues in respect of the holding of a public office to which that person has been appointed or is deemed to have been appointed in terms of an Act of Parliament;<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 is received or accrues in respect of services rendered to or work or labour performed for or on behalf of any employer-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the national, provincial or local sphere of government of the Republic;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that is a constitutional institution listed in Schedule 1 to the Public Finance Management Act;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 that is a public entity listed in Schedule 2 or 3 to that Act; or<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 that is a municipal entity as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0 \u00a0constitutes a lump sum, a pension or an annuity payable by a pension fund, pension preservation fund, provident fund or provident preservation fund and the services in respect of which that amount is so received or accrues were rendered within the Republic: Provided that if the amount is received or accrues in respect of services which were rendered partly within and partly outside the Republic, only so much of that amount as bears to the total of that amount the same ratio as the period during which the services were rendered in the Republic bears to the total period during which the services were rendered must be regarded as having been received by or accrued to the person from a source within the Republic;<\/span><\/p>\n

\u00a0[Words preceding the proviso substituted by section 10 of Act 43 of 2014 and\u00a0section 18 of Act 15 of 2016 effective on 1 March 2017, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 constitutes an amount received or accrued in respect of the disposal of an asset that constitutes immovable property held by that person or any interest or right of whatever nature of that person to or in immovable property contemplated in paragraph 2 of the Eighth Schedule and that property is situated in the Republic;<\/span><\/p>\n

<\/p>\n

(k)\u00a0\u00a0\u00a0\u00a0\u00a0constitutes an amount received or accrued in respect of the disposal of an asset other than an asset contemplated in paragraph (j) if\u2014<\/span><\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that person is a resident and-<\/span><\/span><\/p>\n


<\/span><\/p>\n

(aa)\u00a0\u00a0\u00a0that asset is not effectively connected to a permanent establishment of that person which is situated outside the Republic; and<\/span><\/span><\/p>\n


<\/span><\/p>\n

(bb)\u00a0\u00a0\u00a0the proceeds from the disposal of that asset are not subject to any taxes on income payable to any sphere of government of any country other than the Republic; or<\/span><\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that person is not a resident and that asset is effectively connected to a permanent establishment of that person which is situated in the Republic; or<\/span><\/span><\/p>\n

[Paragraph (k)\u00a0amended by\u00a0section\u00a016\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section\u00a05\u00a0of\u00a0Act\u00a023 of 2020\u00a0and substituted by\u00a0section 6(a)\u00a0of\u00a0Act 17 of 2023]<\/span><\/p>\n

<\/p>\n

(l)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0is attributable to any exchange difference determined in terms of section 24I in respect of any exchange item as defined in that section to which that person is a party if\u2014<\/span><\/span><\/p>\n


<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that person is a resident and\u2014<\/span><\/span><\/p>\n


<\/p>\n

(aa)\u00a0\u00a0\u00a0that exchange item is not effectively connected to a permanent establishment of that person which is situated outside the Republic; and<\/span><\/span><\/p>\n


<\/p>\n

(bb)\u00a0\u00a0\u00a0that amount is not subject to any taxes on income payable to any sphere of government of any country other than the Republic; or<\/span><\/span><\/p>\n


<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that person is not a resident and that exchange item is effectively connected to a permanent establishment of that person which is situated in the Republic.<\/span><\/span><\/p>\n

[Paragraph (l)\u00a0substituted by\u00a0section 6(b)\u00a0of\u00a0Act 17 of 2023]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (3) substituted by section 16 of Act 31 of 2013 and section 10 of Act 43 of 2014 and deleted by\u00a0section 18 of Act 15 of 2016\u00a0effective on 1 March 2017, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 An amount is received by or accrues to a person from a source outside the Republic if that amount-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 constitutes a foreign dividend received by or accrued to that person;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 constitutes interest as defined in section 24J<\/a>(1) received by or accrued to that person that is not from a source within the Republic in terms of subsection (2)(b);<\/span><\/p>\n

[Paragraph (b) substituted by section 11 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 constitutes a royalty received by or accrued to that person that is not from a source within the Republic in terms of subsection (2)(c) or (d);<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 constitutes an amount received or accrued to that person in respect of the disposal of an asset that is not from a source within the Republic in terms of subsection (2)(j) or (k); or<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 is attributable to any exchange difference determined in terms of section 24I<\/a> in respect of any exchange item as defined in that section to which that person is a party and is not from a source within the Republic in terms of subsection (2)(l).<\/span><\/p>\n","post_title":"Subsection 2, 3 and 4 of section 9 of ITA","collection_order":255,"collection":597,"post_modified":"2024-01-10 20:59:14","post_date":"2015-10-15 12:15:15"},{"ID":"466","post_content":"

9A. \u00a0 \u00a0 Blocked foreign funds<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where any amount, or any portion of any amount, received by or accrued to any person which is required to be included in the income of that person during any year of assessment may not be remitted to the Republic during that year as a result of currency or other restrictions or limitations imposed in terms of the laws of the country where the amount arose, that person shall be allowed to deduct from his or her income for that year an amount equal to so much of the amount or portion which may not be remitted as is required to be included in the income of that person for that year.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The amount or portion which may not be remitted during the year of assessment contemplated in subsection (1) shall be deemed to be an amount received by or accrued to the person contemplated in that subsection in the following year of assessment.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where any amount, or any portion of any amount, of the net income of a controlled foreign company in respect of a foreign tax year of the controlled foreign company may not be remitted to the Republic for the reasons contemplated in subsection (1), there shall be allowed to be deducted from the net income of the controlled foreign company for that foreign tax year an amount equal to so much of the amount or portion which may not be remitted.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The amount or portion which may not be remitted as contemplated in subsection (3) shall be deemed to be an amount received by or accrued to the controlled foreign company contemplated in that subsection in the following foreign tax year of the controlled foreign company.<\/span><\/p>\n


<\/span><\/p>\n

9B. \u00a0 \u00a0.........<\/strong><\/span><\/p>\n","post_title":"Section 9A (ITA) - Blocked foreign funds","collection_order":256,"collection":597,"post_modified":"2021-03-29 19:48:28","post_date":"2015-10-15 12:15:15"},{"ID":"469","post_content":"

9C. \u00a0 \u00a0Circumstances in which certain amounts received or accrued from disposal of shares are deemed to be of a capital nature<\/span><\/strong><\/p>\n","post_title":"Section 9C (ITA)- Circumstances in which certain amounts received or accrued from disposal of shares are deemed to be of a capital nature","collection_order":257,"collection":597,"post_modified":"2019-02-09 21:56:10","post_date":"2015-10-15 12:15:15"},{"ID":"471","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/p>\n

<\/p>\n

\u201cconnected person\u201d<\/strong> means a connected person as defined in section 1<\/a>, provided that the expression \u2018and no holder of shares holds the majority voting rights in the company\u2019 in paragraph (d)(v) of that definition shall be disregarded;<\/p>\n","post_title":"\"Connected person\" definition of section 9C of ITA","collection_order":258,"collection":597,"post_modified":"2021-01-02 21:22:53","post_date":"2015-10-15 12:15:15"},{"ID":"10551","post_content":"

\u201cdisposal\u201d<\/strong>\u00a0means a disposal as defined in\u00a0paragraph 1<\/a>\u00a0of the Eighth Schedule;<\/p>\n

[Definition of \u201cdisposal\u201d inserted by section 12 of Act 25 of 2015 and substituted by section 17 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"\"Disposal\" definition of section 9C of ITA","collection_order":259,"collection":597,"post_modified":"2020-05-27 19:26:07","post_date":"2017-06-07 15:31:48"},{"ID":"473","post_content":"

\u201cequity share\u201d<\/strong>, includes a participatory interest in a portfolio of a collective investment scheme in securities and a portfolio of a hedge fund collective investment scheme excluding a share which at any time prior to the disposal of that share was-<\/p>\n

[Words preceding paragraph (a) substituted by section 17 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a share in a share block company as defined in section 1 of the Share Blocks Control Act;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a share in a company which was not a resident, other than a company contemplated in paragraph (a) of the definition of \u201clisted company\u201d; or<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a hybrid equity instrument as defined in section 8E<\/a>;<\/span><\/p>\n

[Definition of \u201cequity share\u201d inserted by section 24 of Act 24 of 2011 and substituted by section 18 of Act 31 of 2013 and section 12 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"\"Equity share\" definition of section 9C of ITA","collection_order":260,"collection":597,"post_modified":"2020-05-27 19:26:15","post_date":"2015-10-15 12:15:15"},{"ID":"475","post_content":"

\u201cqualifying share\u201d\u2026\u2026\u2026.<\/strong><\/p>\n

[Definition of \u201cqualifying share\u201d substituted by section 7 of Act 3 of 2008, amended by section 11 of Act 43 of 2014 and deleted by section 12 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"\"Qualifying share\" definition of section 9C of ITA","collection_order":261,"collection":597,"post_modified":"2021-01-02 21:23:11","post_date":"2015-10-15 12:15:14"},{"ID":"477","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Any amount received or accrued (other than a dividend or foreign dividend) or any expenditure incurred in respect of an equity share must be deemed to be of a capital nature if that equity share had, at the time of the receipt or accrual of that amount or incurral of that expenditure, been held for a period of at least three years.<\/span><\/p>\n

[Subsection (2) substituted by section 7 of Act 3 of 2008. section 24 of Act 24 of 2011 and section 12 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(2A)\u00a0\u00a0Subsection (2) does not apply in respect of so much of the amount received or accrued in respect of the disposal of an equity share contemplated in that subsection, other than an equity share held for longer than five years, as does not exceed the expenditure allowed in respect of that share in terms of\u00a0section 12J<\/a>(2).<\/span><\/p>\n

[Subsection (2A) inserted by section 12 of Act 60 of 2008 and substituted by section 24 of Act 24 of 2011, section 12 of Act 25 of 2015 and section 17 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The provisions of this section shall not apply to any equity share if at the time of the receipt or accrual of any amount (other than an amount constituting a dividend or foreign dividend) in respect of that share the taxpayer was a connected person in relation to the company that issued that share and-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0more than 50 per cent of the market value of the equity shares of that company was attributable directly or indirectly to immovable property other than-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0immovable property held directly or indirectly by a person that is not a connected person in relation to the taxpayer; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0immovable property held directly or indirectly for a period of at least three years immediately prior to that receipt or accrual; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that company acquired any asset during the period of three years immediately prior to that receipt or accrual and amounts were paid or payable by any person to any person other than that company for the use of that asset while that asset was held by that company during that period.<\/span><\/p>\n

[Subsection (3) substituted by section 7 of Act 3 of 2008, amended by section 24 of Act 24 of 2011 and section 12 of Act 25 of 2015 and substituted by section 17 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 For purposes of this section, where any share has been transferred by a lender to a borrower in terms of a securities lending arrangement, and an identical share has been returned by the borrower to the lender, in terms of that securities lending arrangement, that share and that other share shall be deemed to be one and the same share in the hands of the lender.<\/span><\/p>\n

[Subsection (4) substituted by section 12 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(4A)\u00a0 For purposes of this section, where any share has been transferred by a transferor to a transferee in terms of a collateral arrangement and an identical share has in turn been transferred by the transferee to the transferor in terms of that collateral arrangement, that share and that other share shall be deemed to be one and the same share in the hands of the transferor.<\/span><\/p>\n

[Subsection (4A) inserted by section 12 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 There shall in the year of assessment in which any equity share held for a period of at least three years is disposed of by the taxpayer be included in the taxpayer\u2019s income any expenditure or losses incurred in respect of such equity share and allowed as a deduction from the income of the taxpayer during that or any previous year of assessment in terms of section 11<\/a>.<\/span><\/p>\n

[Words preceding the proviso substituted by section 12 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

: Provided that this subsection must not apply-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in respect of any expenditure or loss to the extent that the amount of that expenditure or loss is taken into account in terms of section 8<\/a>(4)(a) or section 19<\/a>; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 to expenditure in respect of equity shares in a REIT or a controlled company, as defined in section 25BB<\/a>(1), that is a resident except to the extent that such amount was taken into account in determining the cost price or value of trading stock under section 11(a)<\/a>, 22<\/a>(1) or (2).<\/span><\/p>\n

[Paragraph (b) substituted by section 14 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

[Proviso to subsection (5) added by section 13 of Act 22 of 2012 and substituted by section 19 of Act 15 of 2016 effective on 1 January 2016, applies in respect of years of assessment ending on or after that date.]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Where the taxpayer holds shares of the same class in the same company which were acquired by the taxpayer on different dates and the taxpayer has disposed of any of those shares, the taxpayer shall for the purposes of this section be deemed to have disposed of the shares held by the taxpayer for the longest period of time.<\/span><\/p>\n

[Subsection (6) substituted by section 24 of Act 24 of 2011 and section 12 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 The provisions of section 22<\/a>(8) shall not apply on or after the date that an equity share has been held for a period exceeding three years.<\/span><\/p>\n

[Subsection (7) substituted by section 12 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section, where a company issues shares to a person in substitution of previously held shares in that company by reason of a subdivision, consolidation or similar arrangement or a conversion contemplated in section 40A<\/a> or 40B<\/a>, such share and such previously held shares shall be deemed to be one and the same share if \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the participation rights and interests of that person in that company remain unaltered; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 no consideration whatsoever passes directly or indirectly from that person to that company in relation to the issued shares.<\/span><\/p>\n","post_title":"Subsections 2, 2A, 3, 4, 5, 6, 7 and 8 of section 9C of ITA","collection_order":262,"collection":597,"post_modified":"2020-05-27 19:26:29","post_date":"2015-10-15 12:15:14"},{"ID":"480","post_content":"

9D.\u00a0\u00a0\u00a0 Net income of controlled foreign <\/strong>companies<\/strong><\/span><\/p>\n","post_title":"Section 9D (ITA) - Net income of controlled foreign companies","collection_order":263,"collection":597,"post_modified":"2019-02-09 21:57:02","post_date":"2015-10-15 12:15:14"},{"ID":"482","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

\u201ccontrolled foreign company\u201d<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any foreign company where more than 50 per cent of the total participation rights in that foreign company are directly or indirectly held, or more than 50 per cent of the voting rights in that foreign company are directly or indirectly exercisable, by one or more persons that are residents other than persons that are headquarter companies: Provided that-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0 no regard must be had to any voting rights in any foreign company-<\/span><\/p>\n

<\/p>\n

(aa) which is a listed company; or<\/span><\/p>\n

<\/p>\n

(bb) if the voting rights in that foreign company are exercisable indirectly through a listed company;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0 any voting rights in a foreign company which can be exercised directly by any other controlled foreign company in which that resident (together with any connected person in relation to that resident) can directly or indirectly exercise more than 50 per cent of the voting rights are deemed for purposes of this definition to be exercisable directly by that resident; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0 a person is deemed not to be a resident for purposes of determining whether residents directly or indirectly hold more than 50 per cent of the participation rights or voting rights in a foreign company, if-<\/span><\/p>\n

<\/p>\n

(aa) in the case of a listed company or a foreign company the participation rights of which are held by that person indirectly through a listed company, that person holds less than five per cent of the participation rights of that listed company; or<\/span><\/p>\n

<\/p>\n

(bb) in the case of a scheme or arrangement contemplated in paragraph (e)(ii) of the definition of \u201ccompany\u201d in section 1 or a foreign company the participation rights of which are held and the voting rights of which may be exercised by that person indirectly through such a scheme or arrangement, that person-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 holds less than five per cent of the participation rights of that scheme or arrangement; and<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 may not exercise at least five per cent of the voting rights in that scheme or arrangement,<\/span><\/p>\n

<\/p>\n

unless more than 50 per cent of the participation rights or voting rights of that foreign company or other foreign company are held by persons who are connected persons in relation to each other; or<\/span><\/p>\n

[Paragraph (a) amended by section 10(1)(a) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any foreign company where the financial results of that foreign company are reflected in the consolidated financial statements, as contemplated in IFRS 10, of any company that is a resident, other than a headquarter company;<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a018(a)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section\u00a010(1)(b)\u00a0of\u00a0Act\u00a034 of 2019]<\/span><\/p>\n

[Definition of \u201ccontrolled foreign company\u201d substituted by section 14 of Act 31 of 2005, amended by section 15 of Act 35 of 2007 and section 16 of Act 7 of 2010 and substituted by section 15 of Act 17 of 2017 effective on 1 January 2018 and applies in respect of any year of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Controlled foreign company\" definition of section 9D of ITA","collection_order":264,"collection":597,"post_modified":"2021-04-07 17:57:17","post_date":"2015-10-15 12:15:14"},{"ID":"484","post_content":"

\u201ccountry of residence\u201d<\/strong>, in relation to a foreign company, means the country where that company has its place of effective management;<\/p>\n","post_title":"\"Country of residence\" definition of section 9D of ITA","collection_order":265,"collection":597,"post_modified":"2019-02-09 21:57:24","post_date":"2015-10-15 12:15:14"},{"ID":"486","post_content":"

\u201cforeign business establishment\u201d<\/strong>, in relation to a controlled foreign company, means \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a fixed place of business located in a country other than the Republic that is used or will continue to be used for the carrying on of the business of that controlled foreign company for a period of not less than one year, where-<\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 that business is conducted through one or more offices, shops, factories, warehouses or other structures;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that fixed place of business is suitably staffed with on-site managerial and operational employees of that controlled foreign company who conduct the primary operations of that business;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 that fixed place of business is suitably equipped for conducting the primary operations of that business;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 that fixed place of business has suitable facilities for conducting the primary operations of that business; and<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 that fixed place of business is located outside the Republic solely or mainly for a purpose other than the postponement or reduction of any tax imposed by any sphere of government in the Republic:<\/span><\/p>\n

<\/p>\n

Provided that for the purposes of determining whether there is a fixed place of business as contemplated in this definition, a controlled foreign company may take into account the utilisation of structures as contemplated in subparagraph (i), employees as contemplated in subparagraph (ii), equipment as contemplated in subparagraph (iii), and facilities as contemplated in subparagraph (iv) of any other company-<\/p>\n

<\/p>\n

(aa) if that other company is subject to tax in the country in which the fixed place of business of the controlled foreign company is located by virtue of residence, place of effective management or other criteria of a similar nature;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0if that other company forms part of the same group of companies as the controlled foreign company; and<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0to the extent that the structures, employees, equipment and facilities are located in the same country as the fixed place of business of the controlled foreign company;<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any place outside the Republic where prospecting or exploration operations for natural resources are carried on, or any place outside the Republic where mining or production operations of natural resources are carried on, where that controlled foreign company carries on those prospecting, exploration, mining or production operations;<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a site outside the Republic for the construction or installation of buildings, bridges, roads, pipelines, heavy machinery or other projects of a comparable magnitude which lasts for a period of not less than six months, where that controlled foreign company carries on those construction or installation activities;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 agricultural land in any country other than the Republic used for bona fide<\/em> farming activities directly carried on by that controlled foreign company;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 a vessel, vehicle, rolling stock or aircraft used for the purposes of transportation or fishing, or prospecting or exploration for natural resources, or mining or production of natural resources, where that vessel, vehicle, rolling stock or aircraft is used solely outside the Republic for such purposes and is operated directly by that controlled foreign company or by any other company that has the same country of residence as that controlled foreign company and that forms part of the same group of companies as that controlled foreign company;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 a South African ship as defined in section 12Q<\/a> engaged in international shipping as defined in that section; or<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 a ship engaged in international traffic used mainly outside the Republic;<\/span><\/p>\n","post_title":"\"Foreign business establishment\" definition of section 9D of ITA","collection_order":266,"collection":597,"post_modified":"2022-07-12 17:31:08","post_date":"2015-10-15 12:15:14"},{"ID":"488","post_content":"

\u201cforeign company\u201d <\/strong>means any-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 cell or segregated account contemplated in the definition of \u201cprotected cell company\u201d;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 protected cell company to the extent that-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 specified assets of that company are not segregated into structurally independent cells or segregated accounts as contemplated in paragraph (a) of the definition of \u2018protected cell company\u2019; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 specified assets and liabilities of that company are not linked or attributed to cells or segregated accounts as contemplated in paragraph (b) of the definition of \u2018protected cell company\u2019; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 foreign company, as defined in section 1, other than a protected cell company;<\/span><\/p>\n","post_title":"\"Foreign company\" definition of section 9D of ITA","collection_order":267,"collection":597,"post_modified":"2019-02-09 21:57:38","post_date":"2015-10-15 12:15:14"},{"ID":"490","post_content":"

\u201cforeign financial instrument holding company\u201d<\/strong> \u2026\u2026\u2026.<\/p>\n

\u00a0[Definition of \u201cforeign financial instrument holding company\u201d substituted by section 22 of Act 45 of 2003, amended by section 14 of Act 31 of 2005 and section 9 of Act 20 of 2006 and deleted by section 12 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Foreign financial instrument holding company\" definition of section 9D of ITA","collection_order":268,"collection":597,"post_modified":"2019-02-09 21:57:50","post_date":"2015-10-15 12:15:14"},{"ID":"492","post_content":"

\u201cparticipation rights\u201d<\/strong> in relation to a foreign company means \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the right to participate all or part of the benefits of the rights (other than voting rights) attaching to a share, or any interest of a similar nature, in that company; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case where no person has any right in that foreign company as contemplated in paragraph (a) or no such rights can be determined for any person, the right to exercise any voting rights in that company; and<\/span><\/p>\n","post_title":"\"Participation rights\" definition of section 9D of ITA","collection_order":269,"collection":597,"post_modified":"2019-02-09 21:57:57","post_date":"2015-10-15 12:15:14"},{"ID":"494","post_content":"

\u201cprotected cell company\u201d <\/strong>means any entity incorporated, established or formed, whether by way of conversion or otherwise, in terms of any law of any country other than the Republic-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if the principal trading activities of that entity constitute the business of an insurer; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where that law makes provision for-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the segregation of specified assets of that entity into structurally independent cells or segregated accounts;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the linking or attribution of specified assets and liabilities to those cells or segregated accounts; or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 separate participation rights in respect of each such cell or segregated account,<\/span><\/p>\n

\u00a0<\/p>\n

irrespective of whether or not that law provides that the establishment or formation of a cell or segregated account creates a legal person distinct from that entity.<\/p>\n","post_title":"\"Protected cell company\" definition of section 9D of ITA","collection_order":270,"collection":597,"post_modified":"2019-02-09 21:58:05","post_date":"2015-10-15 12:15:14"},{"ID":"496","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 There shall be included in the income for the year of assessment of any resident (other than a resident that is a headquarter company) who directly or indirectly holds any participation rights in a controlled foreign company-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 on the last day of the foreign tax year of that controlled foreign company which ends during that year of assessment, an amount equal to \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where that foreign company was a controlled foreign company for the entire foreign tax year, the proportional amount of the net income of that controlled foreign company determined for that foreign tax year, which bears to the total net income of that company during that foreign tax year, the same ratio as the percentage of the participation rights of that resident in relation to that company bears to the total participation rights in relation to that company on that last day; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where that foreign company became a controlled foreign company at any stage during that foreign tax year, at the option of the resident, either \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 an amount which bears to the proportional amount determined in accordance with subparagraph (i), the same ratio as the number of days during that foreign tax year that the foreign company was a controlled foreign company bears to the total number of days in that foreign tax year; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the proportional amount determined in the manner contemplated in subparagraph (i) (as if the day that foreign company commenced to be a controlled foreign company was the first day of its foreign tax year), of the net income of that company for the period commencing on the day that the foreign company commenced to be a controlled foreign company and ending on the last day of that foreign tax year; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 immediately before that foreign company ceased to be a controlled foreign company at any stage during that year of assessment before the last day of the foreign tax year of that controlled foreign company, an amount which shall be equal to, at the option of the resident, either-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an amount determined in accordance with paragraph (a)(ii)(aa); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the proportional amount determined in the manner contemplated in paragraph (a)(i) of the net income of that company determined for the period commencing on the first day of that foreign tax year and ending on the day before the company so ceased to be a controlled foreign company:<\/span><\/p>\n

[Sub\u00adparagraph (ii) substituted by section 15(1)(b) of Act 35 of 2007 and by section 10(1)(c) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

Provided that this subsection shall not apply-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 where that resident (together with any connected person in relation to that resident) \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 at the end of the last day of the foreign tax year of the controlled foreign company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case where that foreign company ceased to be a controlled foreign company during the relevant foreign tax year, immediately before that foreign company so ceased to be a controlled foreign company,<\/span><\/p>\n

<\/p>\n

in aggregate holds less than 10 per cent of the participation rights and may not exercise at least 10 percent of the voting rights in that controlled foreign company; or<\/p>\n

<\/p>\n

(B) \u00a0 \u00a0to the extent that the participation rights are held by that resident indirectly through any company (other than a company that is a headquarter company) which is a resident; or<\/span><\/p>\n

<\/p>\n

(C) \u00a0 \u00a0to the extent that \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the participation rights are held by an insurer as defined in section 29A<\/a> in any policy-holder fund as defined in terms of that section, and are directly attributable to \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0a policy as defined in section 29A<\/a> that is \u201clinked\u201d as defined in Schedule 2 to the Insurance Act; or<\/span><\/p>\n

[Item\u00a0(aa)\u00a0substituted by\u00a0section\u00a019(1)(c)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and by\u00a0section\u00a04(1)(a)\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 a policy as defined in section 29A<\/a>, other than a policy contemplated in item (aa), of which the amount of the policy benefits as defined in the Long-term Insurance Act is not guaranteed by the insurer and is to be determined wholly by reference to the value of particular assets or categories of assets; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the holding of the participation rights by the insurer does not form part of any transaction, operation or scheme entered into or effected solely or mainly for purposes of utilising the provisions of this paragraph in order to avoid the inclusion of an amount in the income of a resident as contemplated in this subsection<\/span><\/p>\n

[Subparagraph (ii) amended by section 20 of Act 15 of 2016 effective on 1 March 2017, applies in respect of any foreign tax year commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(D)\u00a0\u00a0\u00a0\u00a0to the extent that the participation rights are held by a portfolio of a collective investment scheme in securities or a portfolio of a collective investment scheme in participation bonds that is a resident directly or indirectly in a scheme or arrangement contemplated in paragraph of the definition of \u2018company\u2019 in\u00a0section 1<\/a>; and<\/span><\/p>\n

[Paragraph (D) added by section 20 of Act 15 of 2016 effective on 1 March 2017, applies in respect of any foreign tax year commencing on or after that date]<\/span><\/p>\n

<\/p>\n

: Provided further that for purposes of applying this subsection to a foreign company that is a controlled foreign company only in terms of paragraph (b) of the definition of \u2018controlled foreign company\u2019, the percentage of the participation rights of a resident in relation to that controlled foreign company is equal to the net percentage of the financial results of that foreign company that are included in the consolidated financial statements, as contemplated in IFRS 10, for the year of assessment of the resident, that is a holding company, as defined in the Companies Act;<\/p>\n

[Further proviso added by section 15 of Act 17 of 2017 effective on 1 January 2018, applies in respect of any year of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(2A) \u00a0\u00a0For the purposes of this section the \u201cnet income\u201d\u00a0<\/strong>of a controlled foreign company in respect of a foreign tax year is an amount equal to the taxable income of that company determined in accordance with the provisions of this Act as if that controlled foreign company had been a taxpayer, and as if that company had been a resident for purposes of the definition of \u201cgross income\u201d,\u00a0sections\u00a07<\/a>(8),\u00a010(1)(h)<\/a>,\u00a010(1)(l)<\/a>,\u00a025B<\/a>,\u00a028<\/a>\u00a0and\u00a0paragraphs\u00a02<\/a>(1)(a),\u00a024<\/a>,\u00a070<\/a>,\u00a071<\/a>,\u00a072<\/a>\u00a0and\u00a080<\/a>\u00a0of the\u00a0Eighth Schedule<\/a>: Provided that\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any deductions or allowances which may be allowed, or any amounts which may be set off against, the income of that foreign company in terms of this Act shall be limited to the amount of that income;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amount whereby such deductions or allowances or amounts exceed the amount of such income, shall be carried forward to the immediately succeeding foreign tax year and be deemed to be a balance of assessed loss which may be set off against the income of such company in such succeeding year for the purposes of section 20<\/a>;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 no deduction shall be allowed in respect of any-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 interest, royalties, rental, insurance premium or income of a similar nature which is paid or payable or deemed to be paid or payable by that company to any other controlled foreign company (including any similar amount adjusted in terms of section 31);<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 exchange difference determined in terms of section 24I in respect of any exchange item to which that company and any other controlled foreign company are parties;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 exchange difference in respect of any forward exchange contract or foreign currency option contract entered into to hedge the exchange item referred to in subparagraph (ii); or<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 reduction or discharge by that company of a debt owed to that company by any other controlled foreign company for no onsideration or for consideration less than the amount by which the face value of the debt has been so reduced or discharged,<\/span><\/p>\n

<\/p>\n

where that controlled foreign company and that other controlled foreign company form part of the same group of companies, unless that interest, rental, royalty, insurance premium, other income, adjusted amount, exchange difference, reduction or discharge is taken into account to determine the net income of that other controlled foreign company;<\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0any exemption from normal tax in respect of dividends received or accrued as contemplated in section 10<\/a>(1)(k) must not apply in respect of the portion of an amount of the aggregate amount of dividends received by or accrued to a controlled foreign company during any foreign tax year, determined in accordance with the formula:<\/span><\/p>\n

<\/p>\n

A = B \u00d7 (C \u2013 D)<\/p>\n

<\/p>\n

in which formula-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cA\u201d represents the amount to be determined;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cB\u201d represents the ratio of the number 20 to the number 27;<\/span><\/span><\/p>\n

[Subparagraph (ii)\u00a0substituted by\u00a0section 7(1)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u201cC\u201d represents the aggregate of dividends received by or accrued to the controlled foreign company during the foreign tax year of that controlled foreign company; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0\u201cD\u201d represents, in respect of dividends contemplated in symbol \u201cC\u201d, an amount equal to the aggregate of\u2014<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0100 per cent of the amount of any dividend in respect of which dividends tax was paid at a rate of 20 per cent;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a075 per cent of the amount of any dividend in respect of which dividends tax was paid at a rate of 15 per cent;<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a050 per cent of the amount of any dividend in respect of which dividends tax was paid at a rate of 10 per cent;<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0\u00a040 per cent of the amount of any dividend in respect of which dividends tax was paid at a rate of 8 per cent;<\/span><\/p>\n

<\/p>\n

(ee)\u00a0\u00a0\u00a037.5 per cent of the amount of any dividend in respect of which dividends tax was paid at a rate of 7.5 per cent; and<\/span><\/p>\n

<\/p>\n

(ff)\u00a0\u00a0\u00a0\u00a0\u00a025 per cent of the amount of any dividend in respect of which dividends tax was paid at a rate of 5 per cent;<\/span><\/p>\n

[Paragraph (d)\u00a0inserted by\u00a0section\u00a06(1)(a)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on on 1\u00a0January, 2021 and applicable in respect of dividends received by or accrued to any controlled foreign company on or after that date.\u00a0Subparagraph\u00a0(iv)\u00a0substituted by\u00a0section\u00a010(1)(a)\u00a0of\u00a0Act\u00a020 of 2021\u00a0deemed effective on 1\u00a0January, 2021 and applicable in respect of dividends received by or accrued to any controlled foreign company on or after that date]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 where a foreign company becomes a controlled foreign company after 1 October 2001, the valuation date for purposes of the determination of any taxable capital gain or assessed capital loss in terms of the Eighth Schedule<\/a>, shall be the day before such company becomes a controlled foreign company;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0where the resident contemplated in subsection (2) is an insurer in respect of its individual policyholder fund, the taxable capital gain of the controlled foreign company shall, for the purposes of paragraph 10<\/a> of the Eighth Schedule, be 40 per cent of that company\u2019s net capital gain for the relevant foreign tax year;<\/span><\/p>\n

[Paragraph (f)\u00a0substituted by\u00a0section 14(1)(b)\u00a0of\u00a0Act\u00a022 of 2012, by\u00a0section 7(1)\u00a0of\u00a0Act\u00a013 of 2016\u00a0and by\u00a0section 6(1)(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on on 1\u00a0January, 2021 and applicable in respect of any net capital gain of any controlled foreign company during any foreign tax year commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(k)\u00a0\u00a0\u00a0\u00a0\u00a0for the purposes of\u00a0section 24I<\/a>\u00a0and\u00a0paragraph 43<\/a>\u00a0of the\u00a0Eighth Schedule<\/a>, \u201clocal currency\u201d<\/strong> of a controlled foreign company otherwise than in relation to a permanent establishment of that controlled foreign company, means the functional currency of that company; and<\/span><\/p>\n

[Paragraph (k) substituted by section 16 of Act 7 of 2010 and section 18 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(l)\u00a0\u00a0\u00a0\u00a0\u00a0 where the functional currency of a controlled foreign company \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 was the currency of a country which-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 abandoned its currency; and<\/span><\/p>\n

<\/p>\n

(bb) \u00a0 had an official rate of inflation of 100 per cent or more for the foreign tax year preceding the abandonment of the currency; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the controlled foreign company adopted a new functional currency as a consequence of the abandonment contemplated in subparagraph (i)(aa),<\/span><\/p>\n

<\/p>\n

the controlled foreign company must, for the purposes of determining the cost of an asset of the controlled foreign company, be deemed to have acquired the asset in the new currency contemplated in subparagraph (ii)-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 on the first day of the foreign tax year of the controlled foreign company in which; and<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0for an amount equal to the market value of the asset on the date on which,<\/span><\/p>\n

<\/p>\n

the new currency was adopted by the controlled foreign company<\/p>\n

<\/p>\n

Provided further that \u2013<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the net income of a controlled foreign company in respect of a foreign tax year shall be deemed to be nil where-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0\u00a0the aggregate amount of taxes on income payable to all spheres of government of any country other than the Republic by the controlled foreign company in respect of the foreign tax year of that controlled foreign company is at least 67,5 per cent of the amount of normal tax that would have been payable in respect of any taxable income of the controlled foreign company had the controlled foreign company been a resident for that foreign tax year\u037e or<\/span><\/p>\n

[Sub\u00adparagraph (aa) substituted by section 10(1)(d) of Act 34 of 2019 effective on 1 January, 2020 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 all the receipts and accruals of that controlled foreign company are-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 attributable to any foreign business establishment of that controlled foreign company as contemplated in subsection (9)(b); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 not required to be taken into account in terms of subsection (9A); and<\/span><\/p>\n

[Subparagraph (i) substituted by section 16 of Act 7 of 2010 and section 12 of Act 43 of 2014 effective on 31 December 2014]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the aggregate amount of tax payable by a controlled foreign company in respect of a foreign tax year of that controlled foreign company as contemplated in subparagraph (i) must be determined-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 after taking into account any applicable agreement for the prevention of double taxation and any credit, rebate or other right of recovery of tax from any sphere of government of any country other than the Republic;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0after disregarding any loss arising during foreign tax years ending after the date that foreign company became a controlled foreign company; and<\/span><\/p>\n

[Item (bb) substituted by section 20 of Act 15 of 2016 effective on 1 March 2017, applies in respect of any foreign tax year commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/span><\/p>\n

[Item (cc) deleted by section 18 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0the normal tax that would have been payable as contemplated in paragraph (i) must be\u00a0determined before taking into account any amount which would, had that controlled foreign company been a resident for that foreign tax year, have been included in the income of that controlled foreign company in terms of subsection (2) for that foreign tax year.<\/span><\/p>\n

[Subsection (2A) amended by section 22(1)(d) of Act 45 of 2003, by section 13(1) of Act 32 of 2004, by section 14(1)(e) of Act 31 of 2005, by section 12(1)(c) of Act 17 of 2009 (effective date in section 12(2) of Act 17 of 2009 as substituted by section 146(1) of Act 7 of 2010), by section 13(1)(a) of Act 25 of 2015 (effective date in section 13(2) of Act 25 of 2015 as substituted by section 104(1) of Act 23 of 2018) and by section 4(1)(b) of Act 20 of 2022 effective on 1 January, 2023 and applicable in respect of years of assessment commencing on or after that date. Paragraph (iii) added by section 18(d) of Act 23 of 2018]<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 \u2026\u2026\u2026<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 \u2026\u2026\u2026<\/span><\/p>\n

<\/p>\n

(5) \u00a0 \u00a0 \u2026\u2026\u2026<\/span><\/p>\n

<\/p>\n

(6) \u00a0\u00a0\u00a0 The net income of a controlled foreign company in respect of a foreign tax year shall be determined in the functional currency of that controlled foreign company and shall, for purposes of determining the amount to be included in the income of any resident during any year of assessment under the provisions of this section, be translated to the currency of the Republic by applying the average exchange rate for that foreign tax year: Provided that any exchange item denominated in any currency other than the functional currency of that controlled foreign company shall be deemed not to be attributable to any permanent establishment of the controlled foreign company if the functional currency is the currency of a country which has an official rate of inflation of 100 per cent or more for that foreign tax year.<\/span><\/p>\n

<\/p>\n

(7) \u00a0 \u00a0 \u2026\u2026\u2026<\/span><\/p>\n

<\/p>\n

(8) \u00a0 \u00a0 \u2026\u2026\u2026<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 Subject to subsection (9A), in determining the net income of a controlled foreign company in terms of subsection (2A), there must not be taken into account any amount which \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is attributable to any foreign business establishment of that controlled foreign company (whether or not as a result of the disposal or deemed disposal of any assets forming part of that foreign business establishment) and, in determining that amount and whether that amount is attributable to a foreign business establishment-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that foreign business establishment must be treated as if that foreign business establishment were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the controlled foreign company of which the foreign business establishment is a foreign business establishment; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that determination must be made as if the amount arose in the context of a transaction, operation, scheme, agreement or understanding that was entered into on the terms and conditions that would have existed had the parties to that transaction, operation, scheme, agreement or understanding been independent persons dealing at arm\u2019s length;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 is attributable to any policyholder that is not a resident or a controlled foreign company in relation to a resident in respect of any policy issued by a company licensed to issue any long-term policy as denned in the Long-term Insurance Act in its country of residence;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 is subject to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0the withholding tax on interest in terms of Part IVB;<\/span><\/p>\n

[Sub-paragraph (i)\u00a0substituted by\u00a0section\u00a019(1)(h)\u00a0of\u00a0Act\u00a031 of 2013\u00a0effective on 1\u00a0January, 2015 and applicable in respect of amounts that are paid or become due and payable on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the withholding tax on royalties in terms of Part IVA,<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (iii) inserted by section 19 of Act 31 of 2013\u00a0and deleted by section 20 of Act 15 of 2016 effectiv on 1 January 2017]<\/span><\/p>\n

<\/p>\n

after taking into account any applicable agreement for the prevention of double taxation;<\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 is included in the taxable income of the company;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 is attributable to any foreign dividend declared to that controlled foreign company, by any other controlled foreign company in relation to the resident, to the extent that the foreign dividend does not exceed the aggregate of all amounts which have been or will be included in the income of the resident in terms of this section in any year of assessment, which relate to the net income of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the company declaring the dividend; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any other company which has been included in the income of that resident by virtue of that resident\u2019s participation rights in that other company held indirectly through the company declaring the dividend,<\/span><\/p>\n

<\/p>\n

reduced by-<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0the amount of any foreign tax payable, in respect of the amounts so included in that resident\u2019s income; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 so much of all foreign dividends received by or accrued to that controlled foreign company as was-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0\u00a0\u00a0excluded from the application of this section in terms of this paragraph or section 10B<\/a> (2)(a), (b), (c) or (d);<\/span><\/p>\n

[Item\u00a0(A)\u00a0substituted by\u00a0section\u00a025(1)(i)\u00a0of\u00a0Act\u00a024 of 2011\u00a0and by\u00a0section\u00a010(1)(b)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 previously not included in the income of that resident by virtue of any prior inclusion in terms of section 9D<\/a>.<\/span><\/p>\n

<\/p>\n

(fA)\u00a0\u00a0 is attributable to-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any interest, royalties, rental, insurance premium or income of a similar nature which is paid or payable or deemed to be paid or payable to that company by any other controlled foreign company (including any similar amount adjusted in terms of section 31<\/a>);<\/span><\/p>\n

<\/p>\n

(iA)\u00a0\u00a0\u00a0\u00a0an amount of income that accrued to that company, in respect of a foreign dividend from a hybrid equity instrument held in any other controlled foreign company, in terms of section 8E<\/a>(2), or in respect of a foreign dividend from a third party backed share held in any other controlled foreign company, in terms of section 8EA<\/a>(2), including any similar amount adjusted in terms of section 31<\/a>;<\/span><\/p>\n

[Subparagraph (iA)\u00a0inserted by\u00a0section\u00a04(1)(c)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any exchange difference determined in terms of section 24I<\/a> in respect of any exchange item to which that company and any other controlled foreign company are parties;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 any exchange difference in respect of any forward exchange contract or foreign currency option contract entered into to hedge the exchange item referred to in subparagraph (ii); or<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 the reduction or discharge by any other controlled foreign company of a debt owed by that company to that other controlled foreign company for no consideration or for consideration less than the amount by which the face value of the debt has been so reduced or discharged,<\/span><\/p>\n

<\/p>\n

where that controlled foreign company and that other controlled foreign company form part of the same group of companies; or<\/p>\n

<\/p>\n

(fB)\u00a0\u00a0 is attributable to the disposal of any asset, as defined in the Eighth Schedule, (other than any financial instrument or intangible asset as defined in paragraph 16<\/a> of the Eighth Schedule), where that asset was attributable to any foreign business establishment of any other controlled foreign company, where that company and that other controlled foreign company form part of the same group of companies.<\/span><\/p>\n

<\/p>\n

(9A)<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Any amount which is attributable to a foreign business establishment of a controlled foreign company as contemplated in subsection (9)(b) must, notwithstanding that subsection, be taken into account in determining the net income of that controlled foreign company if that amount-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0is derived from the sale of goods by that controlled foreign company directly or indirectly to any connected person (in relation to that controlled foreign company) who is a resident, unless\u2014<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0that controlled foreign company purchased those goods for delivery in the country of residence of that controlled foreign company from any person who is not a connected person in relation to that controlled foreign company;<\/span><\/p>\n

[Item\u00a0(aa)\u00a0substituted by\u00a0section\u00a010(1)(c)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the creation, extraction, production, assembly, repair or improvement of goods undertaken by that controlled foreign company amount to more than minor assembly or adjustment, packaging, repackaging and labelling;<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 that controlled foreign company sells a significant quantity of goods of the same or a similar nature to persons who are not connected persons in relation to that controlled foreign company, at comparable prices (after accounting for the level of the market, volume discounts and costs of delivery); or<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0\u00a0that controlled foreign company purchases the same or similar goods mainly for delivery in the country of residence of that controlled foreign company from persons who are not connected persons in relation to that controlled foreign company;<\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section\u00a013(1)(b)\u00a0of\u00a0Act\u00a025 of 2015\u00a0and amended by\u00a0section\u00a010(1)(e)\u00a0of\u00a0Act\u00a034 of 2019.\u00a0Item\u00a0(dd)\u00a0substituted by\u00a0section\u00a010(1)(d)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(iA)\u00a0\u00a0 is derived from the sale of goods by that controlled foreign company directly or indirectly to a person, other than a connected person (in relation to that controlled foreign company) who is a resident, where that controlled foreign company initially purchased those goods or any tangible intermediary inputs thereof directly or indirectly from one or more connected persons (in relation to that controlled foreign company) who are residents, unless-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 those goods or tangible intermediary inputs thereof purchased from connected persons (in relation to such controlled foreign company) who are residents amount to an insignificant portion of the total goods or tangible intermediary inputs of those goods;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the creation, extraction, production, assembly, repair or improvement of goods undertaken by that controlled foreign company amount to more than minor assembly or adjustment, packaging, repackaging and labelling;<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 the products are sold by that controlled foreign company to a person who is not a connected person in relation to that controlled foreign company, for physical delivery to a customer\u2019s premises situated within the country of residence of that controlled foreign company; or<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 products of the same or similar nature are sold by that controlled foreign company mainly to persons who are not connected persons in relation to that controlled foreign company for physical delivery to customers\u2019 premises situated within the country of residence of that controlled foreign company;<\/span><\/p>\n

[Sub\u00adparagraph (iA) inserted by section 13(1)(c) of Act 25 of 2015 and amended by section 10(1)(f) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0 is derived from any service performed by that controlled foreign company directly or indirectly for the benefit of a connected person (in relation to that controlled foreign company) who is a resident, unless that service is performed outside the Republic and\u2014<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the service relates directly to the creation, extraction, production, assembly, repair or improvement of goods utilised within one or more countries other than the Republic;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the service relates directly to the sale or marketing of goods of a connected person (in relation to that controlled foreign company) who is a resident and those goods are sold to persons who are not connected persons in relation to that controlled foreign company for physical delivery to customers premises situated within the country of residence of that controlled foreign company;<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 the service is rendered mainly in the country of residence of that controlled foreign company for the benefit of customers that have premises situated in that country; or<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 to the extent that no deduction is allowed of any amount paid by that connected person to that controlled foreign company in respect of the service;<\/span><\/p>\n

[Sub\u00adparagraph (ii) amended by section 10(1)(g) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 arises in respect of a financial instrument-<\/p>\n

<\/p>\n

(aa) \u00a0 unless that financial instrument is attributable to the principal trading activities of the foreign business establishment and those principal trading activities-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 constitute the activities of a bank, financial service provider or insurer; and<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0do not constitute the activities of a treasury operation or captive insurer;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 unless-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 that amount is attributable to any exchange difference determined in terms of section 24I in respect of that financial instrument;<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0the exchange difference contemplated in subitem (A) arises in the ordinary course of business of the principal trading activities of that foreign business establishment; and<\/span><\/p>\n

<\/p>\n

(C) \u00a0 \u00a0the principal trading activities contemplated in subitem (B) do not constitute the activities of a treasury operation or captive insurer; or<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 to the extent that the total of-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 those amounts arising in respect of financial instruments attributable to activities of that foreign business establishment; and<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0amounts arising from exchange gains determined in terms of section 24I attributable to activities of that foreign business establishment,<\/span><\/p>\n

<\/p>\n

other than amounts in respect of which paragraphs (c) to (fB) of subsection (9) apply or amounts derived from the activities of a treasury operation or a captive insurer, exceeds five per cent of the total of all amounts received by or accrued to the controlled foreign company that are attributable to that foreign business establishment, other than amounts in respect of which paragraphs (c) to (fB) of subsection (9) apply or amounts derived from the activities of a treasury operation or a captive insurer;<\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 arises by way of rental in respect of any movable property, unless that movable property is leased by the controlled foreign company in terms of-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 an operating lease; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 a lease that constitutes a financial instrument;<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 arises in respect of the use or right of use of or permission to use any intellectual property as defined in section 23I<\/a>, unless-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 that controlled foreign company directly and regularly creates, develops or substantially upgrades any intellectual property as defined in section 23I<\/a> which gives rise to that amount; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 that intellectual property does not constitute property which constitutes tainted intellectual property as defined in section 23I<\/a>;<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 is a capital gain determined in respect of the disposal or deemed disposal of any intellectual property as defined in section 23I<\/a>, unless that controlled foreign company directly and regularly creates, develops or substantially upgrades any intellectual property as defined in section 23I<\/a> which gives rise to that amount; or<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0 is in the form of an insurance premium, unless that amount is attributable to the principal trading activities of the foreign business establishment and those principal trading activities-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 constitute the activities of an insurer; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 do not constitute the activities of a captive insurer:<\/span><\/p>\n

<\/p>\n

Provided that if any amount which is attributable to a foreign business establishment of a controlled foreign company as contemplated in subsection (9)(b) is, solely as a result of the application of subparagraph (iii) of this paragraph, not taken into account in determining the net income of that controlled foreign company, that amount must be so taken into account-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 to the extent that a deduction is allowed in respect of any other amount incurred by a connected person (in relation to that controlled foreign company) who is a resident; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(B) \u00a0 \u00a0where that amount is attributable to that other amount.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 For the purposes of-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (i) deleted by section 13 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (ii) deleted by section 13 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 items (aa) and (bb) of paragraph (a)(iii), where the principal trading activities of a foreign business establishment do not constitute the activities of a treasury operation, the principal trading activities of that foreign business establishment must be deemed to constitute the activities of a treasury operation where-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 less of those principal trading activities are conducted in the country in which the foreign business establishment is located than in any other single country;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 those principal trading activities do not involve the regular and continuous acceptance of deposits from or the provision of credit to clients who are not connected persons in relation to that controlled foreign company; or<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 less than 50 per cent of the amounts attributable to the activities of the foreign business establishment are derived from those principal trading activities with respect to clients who are not connected persons in relation to that controlled foreign company;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 items (aa) and (bb) of paragraph (a)(iii) and paragraph (a)(vii), where the principal trading activities of a foreign business establishment do not constitute the activities of a captive insurer, the principal trading activities of that foreign business establishment must be deemed to constitute the activities of a captive insurer where-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 less of those principal trading activities are conducted in the country in which that foreign business establishment is located than in any other single country;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 those principal trading activities do not involve the regular transaction of business as an insurer with clients who are not connected persons in relation to that controlled foreign company; or<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 \u00a0less than 50 per cent of the amounts attributable to activities of that foreign business establishment are derived from those principal trading activities with respect to clients who are not connected persons in relation to that controlled foreign company; and<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 paragraph (a)(iv), \u2018operating lease\u2019 means a lease of movable property concluded by a lessor in the ordinary course of business of letting such property if-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 such property may be hired by members of the general public directly from that lessor in terms of such a lease, for a period of no more than five years;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 either-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 the cost of maintaining such property and of carrying out repairs thereto required in consequence of normal wear and tear is ultimately borne by the lessor; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 the activities of maintaining and repairing such property that are required in consequence of normal wear and tear are performed by the lessor; and<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 subject to any claim that the lessor may have against the lessee by reason of the lessee\u2019s failure to take proper care of the property, the risk of destruction or loss of or other disadvantage to such property is not assumed by the lessee.<\/span><\/p>\n

<\/p>\n

9E. \u00a0 \u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

9F. \u00a0 \u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

9G \u00a0 \u2026\u2026\u2026.<\/strong><\/span><\/p>\n","post_title":"Subsections 2, 2A, 6, 9, 9A of section 9D of ITA","collection_order":271,"collection":597,"post_modified":"2024-01-10 21:02:10","post_date":"2015-10-15 12:15:14"},{"ID":"498","post_content":"

9H. \u00a0 Change of residence, ceasing to be controlled foreign company or becoming headquarter company<\/span><\/strong><\/p>\n","post_title":"Section 9H (ITA) - Change of residence, ceasing to be controlled foreign company or becoming headquarter company","collection_order":272,"collection":597,"post_modified":"2019-02-09 21:58:23","post_date":"2015-10-15 12:15:14"},{"ID":"500","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section-<\/p>\n

\u00a0<\/p>\n

\u2018asset\u2019<\/strong> means an asset as defined in paragraph 1<\/a> of the Eighth Schedule; and<\/p>\n","post_title":"\"Asset\" definition of section 9H of ITA","collection_order":273,"collection":597,"post_modified":"2019-02-09 21:58:30","post_date":"2015-10-15 12:15:14"},{"ID":"502","post_content":"

\u2018market value\u2019<\/strong>, in relation to an asset, means the price which could be obtained upon a sale of that asset between a willing buyer and a willing seller dealing at arm\u2019s length in an open market.<\/p>\n","post_title":"\"Market value\" definition of section 9H of ITA","collection_order":274,"collection":597,"post_modified":"2019-02-09 21:58:36","post_date":"2015-10-15 12:15:14"},{"ID":"504","post_content":"

(2) \u00a0 \u00a0 Subject to subsection (4), where a person (other than a company) that is a resident ceases during any year of assessment of that person to be a resident-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that person must be treated as having-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 disposed of each of that person\u2019s assets to a person that is a resident on the date immediately before the day on which that person so ceases to be a resident for an amount received or accrued equal to the market value of the asset on that date; and<\/span><\/p>\n

[Subparagraph (i) substituted by section 14 of Act 25 of 2015 effective on 5 June 2015]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 reacquired each of those assets on the day on which that person so ceases to be a resident at an expenditure equal to the market value contemplated in subparagraph (i);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that year of assessment must be deemed to have ended on the date immediately before the day on which that person so ceases to be a resident; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the next succeeding year of assessment of that person must be deemed to have commenced on the day on which that person so ceases to be a resident.<\/span><\/p>\n

<\/p>\n

(3)<\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 Where a company that is a resident ceases during any year of assessment of that company to be a resident or where a company that is a resident becomes a headquarter company in respect of a year of assessment, that company must be treated as having-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 disposed of each of that company\u2019s assets to a person that is a resident on the date immediately before the day on which that company so ceased to be a resident or became a headquarter company; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 reacquired each of those assets on the day on which that company so ceased to be a resident or became a headquarter company,<\/span><\/p>\n

<\/p>\n

for an amount equal to the market value of each of those assets.<\/p>\n

[Paragraph (a) substituted by section 14 of Act 25 of 2015 effective on 5 June 2015]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where a controlled foreign company ceases, otherwise than by way of becoming a resident, to be a controlled foreign company during any foreign tax year of that controlled foreign company, that controlled foreign company must be treated as having-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 disposed of each of the assets of that controlled foreign company, to a person that is a resident, on the date immediately before the day on which that controlled foreign company so ceased to be a controlled foreign company; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 reacquired each of the assets disposed of as contemplated in subparagraph (i) on the day on which that controlled foreign company so ceased to be a controlled foreign company,<\/span><\/p>\n

<\/p>\n

for an amount equal to the market value of each of those assets.<\/p>\n

\u00a0[Paragraph (b) substituted by section 14 of Act 25 of 2015 effective on 5 June 2015]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0Where a company that is a resident ceases to be a resident or becomes a headquarter company during any year of assessment of that company as contemplated in paragraph (a)-<\/span><\/p>\n

[Words preceding paragraph (i) substituted by section 21 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that year of assessment must be deemed to have ended on the date immediately before the day on which that company so ceased to be a resident or became a headquarter company;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the next succeeding year of assessment of that company must be deemed to have commenced on the day on which that company so ceased to be a resident or became a headquarter company; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 that company must, on the date immediately before the day on which the company so ceased to be a resident or became a headquarter company and for the purposes of section 64EA<\/a>(b), be deemed to have declared and paid a dividend that consists solely of a distribution of an asset in specie<\/em>\u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the amount of which must be deemed to be equal to the sum of the market values of all the shares in that company on that date less the sum of the contributed tax capital of all the classes of shares in the company as at that date; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 to the person or persons holding shares in that company in accordance with the effective interest of that person or those persons in the shares in the company as at that date.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0Where a controlled foreign company ceases to be a controlled foreign company during any foreign tax year of that controlled foreign company as contemplated in paragraph (b)-<\/span><\/p>\n

[Words preceding paragraph (i) substituted by section 21 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that foreign tax year must be deemed to have ended on the date immediately before the day on which that controlled foreign company so ceased to be a controlled foreign company; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the next succeeding foreign tax year of that controlled foreign company must be deemed to have commenced on the day on which that controlled foreign company so ceased to be a controlled foreign company.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 Where a company ceases to be a resident as contemplated in paragraph (a), the amount of any capital gain disregarded in terms of paragraph 64B<\/a> of the Eighth Schedule that was determined in respect of a disposal of an equity share by that company within three years immediately preceding the date on which that company ceases to be a resident, must be deemed, in respect of the year of assessment of that company ending as contemplated in paragraph (c), to be an amount of net capital gain derived\u00a0\u00a0 by that company from that capital gain.<\/span><\/p>\n

[Paragraph (e) added by sectoin 14 of Act 25 of 2015 effective on 5 June 2015]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0 Where a company ceases to be a resident as contemplated in paragraph (a), the amount of any foreign dividend that was exempt from normal tax only in terms of section 10B<\/a>(2)(a) within the three years immediately preceding the date on which that company ceases to be a resident, must be deemed to be a foreign dividend received by or accrued to that company in respect of the year of assessment of that company ending as contemplated in paragraph (c) that is not exempt in terms of section 10B<\/a>(2).<\/span><\/p>\n

[Paragraph (f) added by section 14 of Act 25 of 2015 effective on 5 June 2015]<\/span><\/span><\/p>\n

<\/p>\n

(3A) \u00a0\u00a0Any person that is a holder of at least 10 per cent of the equity shares and voting rights in shares in a company must, where that company is a resident that ceases to be a resident and where section 64FA<\/a> applies to the dividend in specie as referred to in subsection (3)(c)(iii) in respect of that company, be treated as having-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0disposed of each of those shares to a person that is a resident on the date immediately before the day on which that company so ceased to be a resident; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0reacquired each of those shares on the day on which that company so ceased to be a resident,<\/span><\/p>\n

<\/p>\n

for an amount equal to the market value of each of those shares.<\/p>\n

[Subsection\u00a0(3A)\u00a0inserted by\u00a0section 7(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of a holder of shares in a company that ceases to be a resident on or after that date]<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 Subsections (2) and (3) do not apply in respect of an asset of a person where that asset constitutes-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 immovable property situated in the Republic that is held by that person;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any asset which is, after the person ceases to be a resident or a controlled foreign company as contemplated in subsection (2) or (3), effectively connected to a permanent establishment of that person in the Republic;<\/span><\/span><\/p>\n

[Paragraph (c)\u00a0substituted by\u00a0section 8\u00a0of\u00a0Act 17 of 2023]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any qualifying equity share contemplated in section 8B<\/a> that was granted to that person less than five years before the date on which that person ceases to be a resident as contemplated in subsection (2) or (3);<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any equity instrument contemplated in section 8C<\/a> that had not yet vested as contemplated in that section at the time that the person ceases to be a resident as contemplated in subsection (2) or (3); or<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 any right of that person to acquire any marketable security contemplated in section 8A<\/a>.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0If-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a person disposes of an equity share in a foreign company that is a controlled foreign company;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the capital gain or capital loss determined in respect of a disposal contemplated in paragraph (a) is wholly or partly disregarded in terms of paragraph 64B<\/a> of the Eighth Schedule; and<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a011(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0deemed effective on 1\u00a0January, 2021 and applicable in respect of disposals on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 as a direct or indirect result of a disposal contemplated in paragraph (a), a foreign company ceases to be a controlled foreign company, subsection (3) must not apply to any foreign company contemplated in paragraph (c).<\/span><\/p>\n

<\/p>\n

(6) \u00a0 \u00a0 This section must not apply in respect of any company that ceases to be a controlled foreign company as a result of-<\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 an amalgamation transaction as defined in section 44<\/a>(1) to which section 44 applies; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a liquidation distribution as defined in section 47<\/a>(1) to which section 47 applies.<\/span><\/p>\n

[Subsection (6) substituted by section 13 of Act 43 of 2014 effective on 1 January 2013]<\/span><\/p>\n

<\/p>\n

(7) \u00a0 \u00a0 For the purposes of subsections (2) and (3), the market value of any asset must be determined in the currency of expenditure incurred to acquire that asset.<\/span><\/p>\n

[Subsection (7) added by section 13 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n","post_title":"Subsection 2, 3, 4, 5 and 6 of section 9H of ITA","collection_order":275,"collection":597,"post_modified":"2024-01-10 21:04:34","post_date":"2015-10-15 12:15:14"},{"ID":"10577","post_content":"

9HA.\u00a0\u00a0 Disposal by deceased person<\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0A deceased person must be treated as having disposed of his or her assets, other than-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0assets disposed of for the benefit of his or her surviving spouse as contemplated in subsection (2);<\/span><\/p>\n

[Paragraph (a) substituted by section 19 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a long-term insurance policy of the deceased, if any capital gain or capital loss that would have been determined in respect of a disposal that resulted in proceeds of that policy being received by or accruing to the deceased would have been disregarded in terms of paragraph 55<\/a> of the Eighth Schedule; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 an interest of the deceased in-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a pension, pension preservation, provident, provident preservation or retirement annuity fund in the Republic; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 a fund, arrangement or instrument situated outside the Republic which provides benefits similar to a pension, pension preservation, provident, provident preservation or retirement annuity fund,<\/span><\/p>\n

<\/p>\n

if any capital gain or capital loss that would have been determined in respect of a disposal of that interest that resulted in a lump sum benefit being received by or accruing to the deceased would have been disregarded in terms of paragraph 54<\/a> of the Eighth Schedule,<\/p>\n

<\/p>\n

at the date of that person\u2019s death for an amount received or accrued equal to the market value, as defined in paragraph 1 of the Eighth Schedule, of those assets as at that date.<\/p>\n

[Sub\u00adsection (1) amended by section 19(b) of Act 23 of 2018 and by section 11 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0A deceased person must, if his or her surviving spouse is a resident, be treated-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0as having disposed of an asset for the benefit of that surviving spouse if that asset is acquired by that surviving spouse-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 22 of Act 15 of 2016\u00a0effective on 1 March 2016, applies in respect of a person that dies on or after that date]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by ab intestato or testamentary succession;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 as a result of a redistribution agreement between the heirs and legatees of that person in the course of liquidation or distribution of the deceased estate of that person; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 in settlement of a claim arising under section 3 of the Matrimonial Property Act, 1984 (Act No. 88 of 1984); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 as having disposed of that asset for an amount received or accrued that is equal to, in the case of\u2014<\/span><\/p>\n


<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0trading stock, or livestock or produce contemplated in the First Schedule, the amount that was allowed as a deduction in respect of that asset for purposes of determining that person\u2019s taxable income, before the inclusion of any taxable capital gain, for the year of assessment ending on the date of that person\u2019s death; or<\/span><\/p>\n


<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0any other asset, the base cost of that asset, as contemplated in the Eighth Schedule, as at the date of that person\u2019s death.<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a022(1)(b)\u00a0of\u00a0Act\u00a015 of 2016\u00a0deemed effective on 1\u00a0March, 2016 and applicable in respect of a person that dies on or after that date]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0If any asset that is treated as having been disposed of by a deceased person as contemplated in subsection (1) is transferred directly to an heir or legatee of that person, that heir or legatee must be treated as having acquired that asset for an amount of expenditure incurred equal to the market value, as contemplated in paragraph 1<\/a>\u00a0of the Eighth Schedule, of that asset as at the date of that deceased person\u2019s death.<\/span><\/p>\n

[Subsection (3) substituted by section 19 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

[Section 9HA inserted by section 15 of Act 25 of 2015 effective 1 March 2016]<\/span><\/p>\n","post_title":"Section 9HA (ITA) - Disposal by deceased person","collection_order":276,"collection":597,"post_modified":"2021-04-07 18:08:05","post_date":"2017-06-07 19:11:59"},{"ID":"17586","post_content":"

9HB.\u00a0Transfer of asset between spouses<\/span><\/strong><\/p>\n

<\/p>\n

(1)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0A person (hereinafter referred to as \u2018the transferor\u2019) must disregard any capital gain or capital loss determined in respect of the disposal of an asset to his or her spouse (hereinafter referred to as \u2018the transferee\u2019).<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0The transferee must be treated as having-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0 acquired the asset on the same date that such asset was acquired by the transferor\u037e<\/span><\/p>\n

[Sub\u00adparagraph (i) substituted by section 12(1) of Act 34 of 2019 deemed effective on 17 January, 2019]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0incurred an amount of expenditure equal to the expenditure contemplated in\u00a0paragraph 20<\/a>\u00a0of the Eighth Schedule that was incurred by that transferor in respect of that asset;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0incurred that expenditure on the same date and in the same currency that it was incurred by the transferor;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0used that asset in the same manner that it was used by the transferor; and<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0received an amount equal to any amount received by or accrued to that transferor in respect of that asset that would have constituted proceeds on disposal of that asset had that transferor disposed of it to a person other than the transferee.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of subsection (1)-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a person whose spouse dies must be treated as having disposed of an asset to that spouse immediately before the date of death of that spouse, if ownership of that asset is acquired by the deceased estate of that spouse in settlement of a claim arising under\u00a0section 3\u00a0of the Matrimonial Property Act, 1984 (Act No. 88 of 1984); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a person must be treated as having disposed of an asset to his or her spouse, if that asset is transferred to that spouse in consequence of a divorce order or, in the case of a union contemplated in paragraph (b) or (c) of the definition of \u2018spouse\u2019 in\u00a0section 1<\/a>, an agreement of division of assets which has been made an order of court.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0A person who disposes of an asset consisting of trading stock, livestock or produce contemplated in the First Schedule to his or her spouse, must be treated as having disposed of that asset for an amount received or accrued that is equal to the amount that was allowed as a deduction in respect of that asset for purposes of determining that person\u2019s taxable income, before the inclusion of any taxable capital gain.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Where a person acquires an asset consisting of trading stock, livestock or produce contemplated in the First Schedule from his or her spouse, that person and his or her spouse must, for purposes of determining any taxable income derived by that person, be deemed to be one and the same person with respect to the date of acquisition of that asset by that person and the amount and date of incurral by that spouse of any cost or expenditure incurred in respect of that asset as contemplated in section 11<\/a>(a) or\u00a022<\/a>(1) or (2).<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0This section must not apply in respect of the disposal of an asset by a person to his or her spouse who is not a resident, unless the asset disposed of is an asset contemplated in section 9J or in paragraph 2<\/a>(1)(b) of the Eighth Schedule.<\/span><\/p>\n

[Section 9HB inserted by section 20 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Section 9HB (ITA) - Transfer of asset between spouses","collection_order":277,"collection":597,"post_modified":"2021-02-10 09:15:10","post_date":"2019-02-02 22:46:04"},{"ID":"506","post_content":"

9I. \u00a0 \u00a0 Headquarter companies<\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Any company that-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is a resident; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 complies with the requirements prescribed by subsection (2),<\/span><\/p>\n

\u00a0<\/p>\n

may elect in the form and manner determined by the Commissioner to be a headquarter company for a year of assessment of that company.<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A company complies with the requirements contemplated in subsection (1)(b) for a year of assessment of that company if-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 for the duration of that year of assessment, each holder of shares in the company (whether alone or together with any other company forming part of the same group of companies as that holder) held 10 per cent or more of the equity shares and voting rights in that company: Provided that in determining whether a company complies with the requirements prescribed by this paragraph in relation to any year of assessment of that company during which the company commenced the carrying on of trade, no regard must be had to any period during that year before which the company so commenced the carrying on of trade;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 at the end of that year of assessment and of all previous years of assessment of that company, 80 per cent or more of the cost of the total assets of the company was attributable to one or more of the following:<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any interest in equity shares in;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any debt owed by; or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 sany intellectual property as defined in section 23I(1) that is licensed by that company to,<\/span><\/p>\n

\u00a0<\/p>\n

any foreign company in which that company (whether alone or together with any other company forming part of the same group of companies as that company) held at least 10 per cent of the equity shares and voting rights: Provided that in determining-<\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 the total assets of the company, there must not be taken into account any amount in cash or in the form of a bank deposit payable on demand; and<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 whether a company complies with the requirements prescribed by this paragraph in relation to any year of assessment of that company, no regard must be had to any such year of assessment if the company did not at any time during such year of assessment own assets with a total market value exceeding R50 000; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 where the gross income of that company for that year of assessment exceeds R5 million, 50 per cent or more of that gross income consisted of amounts in the form of one or both of the following:<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any rental, dividend, interest, royalty or service fee paid or payable by any foreign company contemplated in paragraph (b); or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any proceeds from the disposal of any interest contemplated in paragraph (b)(i) or of any intellectual property contemplated in paragraph (b)(iii):<\/span>\u00a0<\/p>\n

<\/p>\n

Provided that in determining the gross income of the company, there must not be taken into account any exchange difference determined in terms of section 24I<\/a> in respect of any exchange item as defined in that section to which that company is a party.<\/p>\n

\u00a0<\/p>\n

(3) \u00a0 \u00a0 An election made by a company in terms of subsection (1) is effective from the commencement of the year of assessment in respect of which that election is made.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 A headquarter company must submit to the Minister an annual report providing the Minister with the information that the Minister may prescribe within such time and containing such information as the Minister may prescribe.<\/span><\/p>\n","post_title":"Section 9I (ITA) - Headquarter companies","collection_order":278,"collection":597,"post_modified":"2019-02-09 21:58:52","post_date":"2015-10-15 12:15:14"},{"ID":"17591","post_content":"

9J.\u00a0\u00a0\u00a0\u00a0\u00a0Interest of non-resident persons in immovable property<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Any amount received or accrued in respect of the disposal by a person of trading stock consisting of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0immovable property situated in the Republic held by that person; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any interest or right of whatever nature of that person to or in immovable property situated in the Republic,<\/span><\/p>\n

<\/p>\n

shall be an amount received or accrued from a source within the Republic.<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0For purposes of subsection (1), any interest or right in immovable property situated in the Republic includes-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0rights to variable or fixed payments as consideration for the working of, or the right to work mineral deposits, sources and other natural resources; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any equity shares held by a person in a company or ownership or the right to ownership of a person in any other entity or a vested interest of a person in any assets of any trust, if-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a080 per cent or more of the market value of those equity shares, ownership or right to ownership or vested interest, as the case may be, at the time of disposal thereof is attributable directly or indirectly to immovable property situated in the Republic or any interest or right of whatever nature in or to immovable property situated in the Republic including rights to variable or fixed payments as consideration for the working of, or the right to work mineral deposits, sources and other natural resources in the Republic; and<\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section 8\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a company or other entity, that person (whether alone or together with any connected person in relation to that person), directly or indirectly, holds at least 20 per cent of the equity shares in that company or ownership or right to ownership of that other entity.<\/span><\/p>\n

[Section 9J inserted by section 21 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Section 9J (ITA) - Interest of non-resident persons in immovable property","collection_order":279,"collection":597,"post_modified":"2023-01-21 21:13:07","post_date":"2019-02-02 22:55:55"},{"ID":"22334","post_content":"

9K.\u00a0\u00a0\u00a0\u00a0Listing of security on exchange outside Republic<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0\u00a0\u00a0 <\/strong>Where a natural person or a trust that is a resident holds a security in a company and that security is delisted on an exchange as defined in\u00a0section 1\u00a0of the Financial Markets Act and licenced under\u00a0section 9\u00a0of that Act, and subsequent to that delisting that security is listed on an exchange outside the Republic, that person must be treated as having\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0disposed of that security for an amount received or accrued equal to the market value of that security as contemplated in the definition of \u201cmarket value\u201d in section 9H<\/a>(1) on the day that the security is listed on the exchange outside the Republic; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0reacquired that security on the same day on which that security is treated as having been disposed of under paragraph (a) for expenditure in an amount equal to that market value.<\/span><\/p>\n

<\/p>\n

(2) \u00a0\u00a0\u00a0\u00a0For the purposes of section 9C<\/a>(2), a security that is listed on an exchange outside the Republic as contemplated in subsection (1) must be treated to be one and the same security that is delisted.<\/span><\/p>\n

[Section\u00a09K\u00a0inserted by\u00a0section\u00a09(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021 and applicable in respect of any security listed on an exchange outside the Republic on or after that date]<\/span><\/p>\n","post_title":"Section 9K (ITA) - Listing of security on exchange outside Republic","collection_order":280,"collection":597,"post_modified":"2023-01-21 21:13:17","post_date":"2021-03-06 22:25:45"},{"ID":"508","post_content":"

10. \u00a0 \u00a0 Exemptions<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 There shall be exempt from normal tax \u2013<\/em><\/span><\/p>\n","post_title":"Section 10 (ITA) - Exemptions from normal tax","collection_order":281,"collection":597,"post_modified":"2021-02-24 20:35:07","post_date":"2015-10-15 12:15:14"},{"ID":"510","post_content":"

(a)\u00a0\u00a0\u00a0\u00a0 the receipts and accruals of the government of the Republic in the national, provincial or local sphere;<\/span><\/p>\n","post_title":"Section 10(1)(a) of ITA","collection_order":282,"collection":597,"post_modified":"2019-03-02 20:21:36","post_date":"2015-10-15 12:15:14"},{"ID":"512","post_content":"

(bA)\u00a0 the receipts and accruals of \u2013<\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 any sphere of government of any country other than the Republic;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any institution or body established by a foreign government to the extent that \u2013<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(aa) \u00a0 the institution or body has been appointed by that government to perform its functions in terms of an official development assistance agreement that is binding in terms of section 231(3) of the Constitution of the Republic of South Africa, 1996; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the agreement provides that the receipts and accruals of that institution or body must be exempt; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 any multinational organisation providing foreign donor funding in terms of an official development assistance agreement that is binding in terms of section 231(3) of the Constitution of the Republic of South Africa Act, 1996, to the extent \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the receipts and accruals are derived pursuant to the organisation supplying goods or rendering services in relation to projects that are approved by the Minister after consultation with the Minister of Foreign Affairs;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 that agreement provides that those receipts and accruals of that organisation must be exempt; and<\/span><\/p>\n


<\/span><\/p>\n

(cc) \u00a0 \u00a0the Minister announces that those receipts and accruals are exempt by notice in the Gazette<\/em>;<\/span><\/p>\n","post_title":"Section 10(1)(bA) of ITA","collection_order":283,"collection":597,"post_modified":"2021-01-02 21:33:45","post_date":"2015-10-15 12:15:14"},{"ID":"11525","post_content":"

(bB)\u00a0\u00a0the receipts and accruals of the-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0African Development Bank established on 10 September 1964;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0World Bank established on 27 December 1945 including the International Bank for Reconstruction and Development and International Development Association;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0International Monetary Fund established on 27 December 1945;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0African Import and Export Bank established on 8 May 1993;<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0European Investment Bank established on 1 January 1958 under the Treaty of\u00a0\u00a0Rome;<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0\u00a0New Development Bank established on 15 July 2014;<\/span><\/p>\n

[Paragraph (bB) inserted by section 23 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"Section 10(1)(bB) of ITA","collection_order":284,"collection":597,"post_modified":"2019-03-02 20:22:18","post_date":"2017-06-16 10:01:40"},{"ID":"514","post_content":"

(c)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any pension payable to any person or his surviving spouse by reason of such person having occupied the office of State President or Vice State President: Provided that the provisions of this subparagraph shall not apply to any amount payable to any person or his surviving spouse by reason of such person having occupied the office of President as elected in terms of section 77 of the Constitution;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the salary and emoluments payable to any person who holds office in the Republic as an official of any government, other than the Government of the Republic, provided such person is stationed in the Republic for that purpose and is not ordinarily resident in the Republic;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 any salary and emoluments payable to any domestic or private servant of any person referred to in subparagraph (iii) in respect of domestic or private services rendered or to be rendered by such servant to such person if such servant is not a South African citizen and is not ordinarily resident in the Republic;<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 any salary and emoluments payable to any subject of a foreign state who is temporarily employed in the Republic, provided the exemption of such salary and emoluments is authorized by an agreement entered into by the governments of such foreign state and the Republic;<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 any salary and emoluments payable to any person that is a subject of a foreign state and who is not a resident to the extent that that salary or those emoluments are paid by \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 an institution or body contemplated in subsection (1)(bA)(ii) in respect of any agreement contemplated therein; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 an organisation contemplated in subsection (1)(bA)(iii) in respect of services rendered in relation to a project contemplated therein.<\/span><\/p>\n","post_title":"Section 10(1)(c) of ITA","collection_order":285,"collection":597,"post_modified":"2019-03-02 20:22:14","post_date":"2015-10-15 12:15:14"},{"ID":"516","post_content":"

(cA)\u00a0\u00a0 the receipts and accruals of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any institution, board or body (other than a company as defined in the Companies Act, any co-operative, close corporation, trust or water services provider) established by or under any law and which, in the furtherance of its sole or principal object-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0conducts scientific, technical or industrial research;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 provides necessary or useful commodities, amenities or services to the State (including any provincial administration) or members of the general public; or<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 carries on activities (including the rendering of financial assistance by way of loans or otherwise) designed to promote commerce, industry or agriculture or any branch thereof;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any association, corporation or company contemplated in paragraph (a) of the definition of \u201ccompany\u201d in section 1<\/a>, all the shares of which are held by any such institution, board or body, if the operations of such association, corporation or company are ancillary or complementary to the object of such institution, board or body:<\/span><\/p>\n

<\/p>\n

Provided that such institution, board, body or company \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 has been approved by the Commissioner subject to such conditions as he may deem necessary to ensure that the activities of such institution, board, body or company are wholly or mainly directed to the furtherance of its sole or principal object;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is by law or under its constitution \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 not permitted to distribute any amount to any person, other than, in the case of such company, to the holders of shares in that company;<\/span><\/p>\n

[Subparagraph (i)\u00a0substituted by\u00a0section 23(1)(c)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and by\u00a0section 10(1)(a)\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 required to utilize its funds solely for investment or the object for which it has been established; and<\/span><\/p>\n

<\/p>\n

(iii) \u00a0 \u00a0required on dissolution-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 where the institution, board, body or company is established under any law, to transfer its assets to some other institution, board or body which has been granted exemption from tax in terms of this paragraph and which has objects similar to those of such institution, board, body or company; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 where the institution, board or body is established by law, to transfer its assets to \u2013<\/em><\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 some other institution, board or body which has been granted exemption from tax in terms of this paragraph and which has objects similar to those of such institution, board, body or company; or<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0to the State:<\/span><\/p>\n

<\/p>\n

Provided further that \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the Commissioner is satisfied that any such institution, board, body or company has during any year of assessment failed to comply with the provisions of this paragraph, he may withdraw his approval of the institution, board, body or company with effect from the commencement of that year of assessment;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the institution, board, body or company fails to transfer, or take reasonable steps to transfer, its assets as contemplated in paragraph (b) (iii) of the first proviso, the accumulated net revenue which has not been distributed shall be deemed for the purposes of this Act to be an amount of taxable income which accrued to such institution, board, body or company during the year of assessment contemplated in paragraph (a); and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Section 10(1)(cA) of ITA","collection_order":286,"collection":597,"post_modified":"2022-02-05 19:55:30","post_date":"2015-10-15 12:15:14"},{"ID":"518","post_content":"

(cE) \u00a0 the receipts and accruals of any political party registered in terms of section 15 of the Electoral Commission Act, 1996 (Act No. 51 of 1996);<\/span><\/p>\n","post_title":"Section 10(1)(cE) of ITA","collection_order":287,"collection":597,"post_modified":"2019-03-02 20:22:42","post_date":"2015-10-15 12:15:14"},{"ID":"520","post_content":"

(cG) \u00a0the receipts and accruals of any person who is not a resident, which are derived by such person from carrying on business as the owner or charterer of any ship or aircraft, if a similar exemption or equivalent relief is granted by the country of which such person is a resident, to any resident in respect of any tax imposed in that country on income which may be derived by such person from carrying on in such country any business as owner or charterer of any ship or aircraft;<\/span><\/p>\n","post_title":"Section 10(1)(cG) of ITA","collection_order":288,"collection":597,"post_modified":"2019-03-02 20:22:49","post_date":"2015-10-15 12:15:14"},{"ID":"522","post_content":"

(cN) \u00a0the receipts and accruals of any public benefit organisation approved by the Commissioner in terms of section 30<\/a>(3), to the extent that the receipts and accruals are derived \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 otherwise than from any business undertaking or trading activity; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 from any business undertaking or trading activity \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 if the undertaking or activity \u2013<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 is integral and directly related to the sole or principal object of that public benefit organisation as contemplated in paragraph (b) of the definition of \u2018public benefit organisation\u2019 in section 30<\/a>;<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 is carried out or conducted on a basis substantially the whole of which is directed towards the recovery of cost; and<\/span><\/p>\n

<\/p>\n

(C)\u00a0\u00a0\u00a0\u00a0 does not result in unfair competition in relation to taxable entities;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 if the undertaking or activity is of an occasional nature and undertaken substantially with assistance on a voluntary basis without compensation;<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 if the undertaking or activity is approved by the Minister by notice in the Gazette<\/em>, having regard to \u2013<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 the scope and benevolent nature of the undertaking or activity;<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 the direct connection and interrelationship of the undertaking or activity with the sole or principal object of the public benefit organisation;<\/span><\/p>\n

<\/p>\n

(C)\u00a0\u00a0\u00a0\u00a0 the profitability of the undertaking or activity; and<\/span><\/p>\n

<\/p>\n

(D)\u00a0\u00a0\u00a0 the level of economic distortion that may be caused by the tax exempt status of the public benefit organisation carrying out the undertaking or activity; or<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 other than an undertaking or activity in respect of which item (aa), (bb) or (cc) applies and do not exceed the greater of \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 5 per cent of the total receipts and accruals of that public benefit organisation during the relevant year of assessment; or<\/span><\/p>\n

<\/p>\n

(ii) \u00a0\u00a0\u00a0 R200 000;<\/span><\/p>\n","post_title":"Section 10(1)(cN) of ITA","collection_order":289,"collection":597,"post_modified":"2019-03-02 20:23:02","post_date":"2015-10-15 12:15:14"},{"ID":"524","post_content":"

(cO) \u00a0the receipts and accruals of any recreational club approved by the Commissioner in terms of section 30A<\/a>, to the extent that the receipts and accruals are derived \u2013<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the form of membership fees or subscriptions paid by its members;<\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 from any business undertaking or trading activity that \u2013<\/p>\n

<\/p>\n

(aa) \u00a0 is integral and directly related to the provision of social and recreational amenities or facilities for the members of that club;<\/span><\/p>\n


<\/span><\/p>\n

(bb)\u00a0\u00a0 is carried out on a basis substantially the whole of which is directed towards the recovery of cost; and<\/span><\/p>\n


<\/span><\/p>\n

(cc)\u00a0\u00a0\u00a0 does not result in unfair competition in relation to taxable entities;<\/span><\/p>\n


<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 from any fundraising activities of that club, which are of an occasional nature and undertaken substantially with assistance on a voluntary basis without compensation; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 from any other source and do not in total exceed the greater of \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0five per cent of the total membership fees and subscriptions due and payable by its members during the relevant year of assessment; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 R120\u00a0000;<\/span><\/p>\n","post_title":"Section 10(1)(cO) of ITA","collection_order":290,"collection":597,"post_modified":"2019-03-02 20:23:12","post_date":"2015-10-15 12:15:14"},{"ID":"526","post_content":"

(cP)\u00a0 the receipts and accruals of a company or trust contemplated in section 37A<\/a>;<\/span><\/p>\n

<\/p>\n

: Provided that this paragraph does not apply where-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the constitution of a company or the instrument establishing a trust does not comply with section 37A<\/a>(5)(a); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the person contemplated in section 37A<\/a>(5)(b) does not furnish the Commissioner with a written undertaking as contemplated in that section;<\/span><\/p>\n

[Proviso to paragraph (cP) added by section 16 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/span><\/p>\n","post_title":"Section 10(1)(cP) of ITA","collection_order":291,"collection":597,"post_modified":"2019-06-19 10:57:49","post_date":"2015-10-15 12:15:14"},{"ID":"10580","post_content":"

(cQ)\u00a0 the receipts and accruals of any small business funding entity approved by the Commissioner in terms of section 30C<\/a>, to the extent that the receipts and accruals are derived-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 otherwise than from any business undertaking or trading activity; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 from any business undertaking or trading activity-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 if the undertaking or activity-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 is integral and directly related to the sole or principal object of that small business funding entity;<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 is carried out or conducted on a basis substantially the whole of which is directed towards the recovery of cost; and<\/span><\/p>\n

<\/p>\n

(C)\u00a0\u00a0\u00a0 does not result in unfair competition in relation to taxable entities;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 if the undertaking or activity is of an occasional nature and undertaken substantially with assistance on a voluntary basis without compensation;<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 if the undertaking or activity is approved by the Minister by notice in the Gazette<\/em>, having regard to-<\/span><\/p>\n

<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 the scope and benevolent nature of the undertaking or activity;<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 the direct connection and interrelationship of the undertaking or activity with the sole or principal object of the small business funding entity;<\/span><\/p>\n

<\/p>\n

(C)\u00a0\u00a0\u00a0 the profitability of the undertaking or activity; and<\/span><\/p>\n

<\/p>\n

(D)\u00a0\u00a0\u00a0 the level of economic distortion that may be caused by the tax exempt status of the small business funding entity carrying out the undertaking or activity; or<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 other than an undertaking or activity in respect of which item (aa), (bb) or (cc) applies and do not exceed the greater of-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 5 per cent of the total receipts and accruals of that small business funding entity during the relevant year of assessment; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 R200\u00a0000;<\/span><\/p>\n

[Paragraph (cQ) inserted by section 14 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n","post_title":"Section 10(1)(cQ) of ITA","collection_order":292,"collection":597,"post_modified":"2019-03-02 20:23:43","post_date":"2017-06-07 19:17:12"},{"ID":"528","post_content":"

(d)\u00a0\u00a0\u00a0\u00a0 the receipts and accruals of any \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund, or a beneficiary fund defined in section 1 of the Pension Funds Act;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 benefit fund; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 mutual loan association, fidelity or indemnity fund, trade union, chamber of commerce or industries (or an association of such chambers) or local publicity association approved by the Commissioner in terms of section 30B<\/a>; or;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 company, society or other association of persons established to \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 promote the common interests of persons (being members of such company, society or association of persons) carrying on any particular kind of business, profession or occupation,<\/span><\/p>\n

<\/p>\n

approved by the Commissioner in terms of section 30B<\/a>;<\/p>\n","post_title":"Section 10(1)(d) of ITA","collection_order":293,"collection":597,"post_modified":"2019-03-02 20:23:50","post_date":"2015-10-15 12:15:14"},{"ID":"530","post_content":"

(e)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any levy received by or accrued to \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 any body corporate established in terms of the Sectional Titles Act, 1986 (Act No. 95 of 1986), from its members;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 a share block company as defined in the Share Blocks Control Act from the holders of shares in that share block company; or<\/span><\/p>\n

[Item (bb) substituted by section 28 of Act 24 of 2011, section 23 of Act 31 of 2013 and section 14 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 any other association of persons (other than a company as defined in the Companies Act, any co-operative, close corporation and trust, but including a non-profit company as defined in that Act) from its members, where the Commissioner is satisfied that, subject to such conditions as he or she may deem necessary, such association of persons-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 has been formed solely for purposes of managing the collective interests common to all its members, which includes expenditure applicable to the common immovable property of such members and the collection of levies for which such members are liable; and<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 is not permitted to distribute any of its funds to any person other than a similar association of persons:<\/span><\/p>\n

<\/p>\n

Provided that such body, company or association is or was not knowingly a party to, or does not knowingly permit or has not knowingly permitted, itself to be used as part of any transaction, operation or scheme of which the sole or main purpose is or was the reduction, postponement or avoidance of liability for any tax, duty or levy which, but for such transaction, operation or scheme, would have been or would become payable by any person under this Act or any other law administered by the Commissioner; and<\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any receipts and accruals other than levies derived by a body corporate, share block company or association contemplated in subparagraph (i), to the extent that the aggregate of those receipts and accruals does not exceed R50000;<\/span><\/p>\n","post_title":"Section 10(1)(e) of ITA","collection_order":294,"collection":597,"post_modified":"2019-03-02 20:24:19","post_date":"2015-10-15 12:15:14"},{"ID":"532","post_content":"

(g)\u00a0\u00a0\u00a0\u00a0 any amount received as a war pension, or as an award or a benefit under any law relating to the payment of compensation in respect of diseases contracted by persons employed in mining operations;<\/span><\/p>\n","post_title":"Section 10(1)(g) of ITA","collection_order":295,"collection":597,"post_modified":"2019-03-02 20:24:26","post_date":"2015-04-14 12:27:43"},{"ID":"534","post_content":"

(gA)\u00a0\u00a0\u00a0any disability pension paid under section 2 of the Social Assistance Act, 2004 (Act 13 of 2004);<\/span><\/span><\/p>\n

[Paragraph (gA)\u00a0inserted by\u00a0section 7(1)(a)\u00a0of\u00a0Act 104 of 1980, substituted by\u00a0section\u00a029(1)(b)\u00a0of\u00a0Act\u00a030 of 1998\u00a0and by\u00a0section 9(1)(a)\u00a0of\u00a0Act 17 of 2023]<\/span><\/p>\n","post_title":"Section 10(1)(gA) of ITA","collection_order":296,"collection":597,"post_modified":"2024-01-10 21:05:54","post_date":"2015-10-15 12:15:14"},{"ID":"536","post_content":"

(gB)\u00a0\u00a0 any \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 compensation paid in terms of the Workmen\u2019s Compensation Act, 1941 (Act No. 30 of 1941), or the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 pension paid in respect of the death or disablement caused by any occupational injury or disease sustained or contracted by an employee before 1 March 1994 in the course of employment, where that employee would have qualified for compensation under the Compensation for Occupational Injuries and Diseases Act. 1993, had that injury or disease been sustained or contracted on or after 1 March 1994; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 compensation paid in respect of the death of any person where that death arises out of and in the course of the employment of that person, to the extent that that compensation-<\/span><\/p>\n

<\/p>\n

(A) \u00a0\u00a0 was paid in addition to any compensation contemplated in subparagraph (i) paid in that respect;<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0does not exceed an amount of R300 000; and<\/span><\/p>\n

<\/p>\n

(C) \u00a0 \u00a0was paid by the employer of that person;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 compensation paid in terms of section 17 of the Road Accident Fund Act, 1996 (Act No. 56 of 1996);<\/span><\/p>\n","post_title":"Section 10(1)(gB) of ITA","collection_order":297,"collection":597,"post_modified":"2019-03-02 20:24:43","post_date":"2015-10-15 12:15:14"},{"ID":"538","post_content":"

(gC)\u00a0\u00a0 any-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 amount received by or accrued to any resident under the social security system of any other country; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0lump sum, pension or annuity received by or accrued to any resident from a source outside the Republic as consideration for past employment outside the Republic other than from any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund as defined in\u00a0section 1<\/a>(1) or a company that is a resident and that is registered in terms of the Long-term Insurance Act as a person carrying on long-term insurance business excluding any amount transferred to that fund or that insurer from a source outside the Republic in respect of that member;<\/span><\/p>\n

[Subpara (ii) substituted by section 9 of Act 19 of 2001, section 19 of Act 22 of 2012,\u00a0section 14 of Act 43 of 2014, section 23 of Act 15 of 2016\u00a0and section 16 of Act 17 of 2017 effective on 1 March 2018 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Section 10(1)(gC) of ITA","collection_order":298,"collection":597,"post_modified":"2019-06-19 10:58:00","post_date":"2015-10-15 12:15:14"},{"ID":"541","post_content":"

(gD) \u00a0 any funeral benefit payable in terms of section 6F of the Special Pensions Act, 1996 (Act No. 69 of 1996);<\/span><\/p>\n","post_title":"Section 10(1)(gD) of ITA","collection_order":299,"collection":597,"post_modified":"2019-03-02 20:25:06","post_date":"2015-10-15 12:15:14"},{"ID":"543","post_content":"

(gE)\u00a0\u00a0 any amount awarded to a person by a beneficiary fund as defined in the Pension Funds Act;<\/span><\/p>\n","post_title":"Section 10(1)(gE) of ITA","collection_order":300,"collection":597,"post_modified":"2019-03-02 20:25:10","post_date":"2015-10-15 12:15:14"},{"ID":"545","post_content":"

(gG)\u00a0\u00a0 any amount received by or accrued to a person as contemplated in subparagraph (ii) or (iii) of paragraph (d) of the definition of \u201cgross income\u201d \u2013<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of a policy that is a risk policy with no cash value or surrender value, if the amount of premiums paid in respect of that policy by the employer of the person has been deemed to be a taxable benefit of the person in terms of the Seventh Schedule since the later of-<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(aa) \u00a0 the date on which the employer or company contemplated in those subparagraphs became the policyholder of that policy; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 1 March 2012,<\/span><\/p>\n

<\/p>\n

unless the amount of the premiums paid was deductible by the person in terms of section 11(a);<\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of any other policy, if an amount equal to the aggregate of the amount of any premiums has been included in the income of the person as a taxable benefit in terms of the Seventh Schedule since the date on which the policy was entered into;<\/span><\/p>\n","post_title":"Section 10(1)(gG) of ITA","collection_order":301,"collection":597,"post_modified":"2019-03-02 20:25:15","post_date":"2015-10-15 12:15:14"},{"ID":"547","post_content":"

(gH)\u00a0\u00a0 any amount received or accrued in respect of a policy of insurance where-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the policy relates to death, disablement or illness of an employee or director, or former employee or director, of the person that is the policyholder; and<\/span><\/p>\n

[Subparagraph (i) substituted by section 16 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 no amount of premiums payable in respect of that policy on or after 1 March 2012 is deductible from the income of that person for the purposes of determining the taxable income derived by the person from carrying on any trade;<\/span><\/p>\n","post_title":"Section 10(1)(gH) of ITA","collection_order":302,"collection":597,"post_modified":"2019-06-19 10:58:16","post_date":"2015-10-15 12:15:14"},{"ID":"10584","post_content":"

(gI)\u00a0\u00a0 any amount received or accrued in respect of a policy of insurance relating to the death, disablement, illness or unemployment of any person who is insured in terms of that policy of insurance, including the policyholder or an employee of the policyholder in respect of that policy of insurance to the extent to which the benefits in terms of that policy are paid as a result of death, disablement, illness or unemployment other than any policy of which the benefits are paid or payable by a retirement fund;<\/span><\/p>\n

[Paragraph (gI) inserted by section 23 of Act 31 of 2013 and substituted by section 14 of Act 43 of 2014 and section 16 of Act 25 of 2015 effective on 1 March 2015]<\/span><\/p>\n","post_title":"Section 10(1)(gI) of ITA","collection_order":303,"collection":597,"post_modified":"2019-03-02 20:25:29","post_date":"2017-06-07 19:22:13"},{"ID":"18751","post_content":"

(gJ)\u00a0\u00a0\u00a0any amount received by or accrued to a person who is a member of a bargaining council that is established in terms of section 27\u00a0of the Labour Relations Act, 1995 (Act No. 66 of 1995), from a scheme or fund as contemplated in\u00a0section 28(1)(g) of that Act, other than an amount from a pension fund or a provident fund;<\/span><\/p>\n

[Paragraph (gJ) inserted by section 22 of Act 23 of 2018 effective on 1 March 2019]<\/span><\/p>\n","post_title":"Section 10(1)(gJ) of ITA","collection_order":304,"collection":597,"post_modified":"2020-05-27 19:28:45","post_date":"2019-03-02 20:31:38"},{"ID":"549","post_content":"

(h)\u00a0\u00a0\u00a0\u00a0 any amount of interest which is received by or accrues to any person that is not a resident, unless-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 16 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that person is a natural person who was physically present in the Republic for a period exceeding 183 days in aggregate during the twelve-month period preceding the date on which the interest is received by or accrues to that person; or<\/span><\/p>\n

[Subparagraph (i) substituted by section 22 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the debt from which the interest arises is effectively connected to a permanent establishment of that person in the Republic;<\/span><\/p>\n","post_title":"Section 10(1)(h) of ITA","collection_order":305,"collection":597,"post_modified":"2020-05-27 19:28:51","post_date":"2015-10-15 12:15:14"},{"ID":"551","post_content":"

(hA)\u00a0 any amount received by or accrued to the holder of a debt-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 if the holder of that debt is a company that forms part of the same group of companies, as defined in section 41<\/a>, as the issuer of that debt; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 to the extent that the amount is attributable to any amount of interest as defined in section 23K<\/a>(1) that is not deductible as a result of the application of section 23K<\/a>;<\/span><\/p>\n","post_title":"Section 10(1)(hA) of ITA","collection_order":306,"collection":597,"post_modified":"2019-03-02 20:25:44","post_date":"2015-10-15 12:15:14"},{"ID":"10586","post_content":"

(hB)\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (hB) inserted by section 23 of Act 31 of 2013 and deleted by section 23 of Act 15 of 2016 effective on 1 January 2017]<\/span><\/p>\n","post_title":"Section 10(1)(hB) of ITA","collection_order":307,"collection":597,"post_modified":"2019-03-02 20:25:52","post_date":"2017-06-07 19:25:25"},{"ID":"553","post_content":"

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in the case of any taxpayer who is a natural person, so much of the aggregate of any interest received by or accrued to his or her, other than interest in respect of a tax free investment as defined in section 12T<\/a>(1), from a source in the Republic as does not during the year of assessment exceed\u2014<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of any person who was or, had he or she lived, would have been at least 65 years of age on the last day of the year of assessment, the amount of R34 500; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in any other case, the amount of R23 800;<\/span><\/p>\n

[Subparagraph\u00a0(ii)\u00a0substituted by\u00a0section\u00a06(1)\u00a0of\u00a0Act\u00a023 of 2013\u00a0deemed effective on 1\u00a0March, 2013 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

Provided that where any person\u2019s year of assessment is less than a period of 12 months, the amount that shall be exempt from normal tax under\u00a0subparagraph (i)\u00a0or\u00a0(ii)\u00a0shall be the amount that bears to the amount referred to in that subparagraph the same ratio as the number of days in that year of assessment bears to 365 days;<\/p>\n

[Paragraph (i)\u00a0amended by\u00a0section 7(a)\u00a0of\u00a0Act 72 of 1963, substituted by\u00a0section 8(a)\u00a0of\u00a0Act\u00a090 of 1964, by\u00a0section 10(b)\u00a0of\u00a0Act 88 of 1965, by\u00a0section 11(b)\u00a0of\u00a0Act 55 of 1966\u00a0and by\u00a0section\u00a08(1)(a)\u00a0of\u00a0Act\u00a076 of 1968, amended by\u00a0section 13(1)(d)-(f) of\u00a0Act\u00a089 of 1969, by\u00a0section\u00a09(1)(a)\u00a0and\u00a0(b)\u00a0of\u00a0Act 52 of 1970, by\u00a0section\u00a09(a)\u00a0of\u00a0Act\u00a088 of 1971, by\u00a0section\u00a07(1)(a)\u00a0of\u00a0Act 90 of 1972, by\u00a0section\u00a07(1)(a)\u00a0and\u00a0(b)\u00a0of\u00a0Act 65 of 1973, by\u00a0section\u00a010(1)(f)-(h) of\u00a0Act 85 of 1974, by\u00a0section 9(b)\u00a0of\u00a0Act 103 of 1976, by\u00a0section\u00a08(1)\u00a0of\u00a0Act 113 of 1977, by\u00a0section\u00a04(1)\u00a0of\u00a0Act 101 of 1978, by\u00a0section\u00a07(1)(a)-(f) of\u00a0Act 104 of 1979, by\u00a0section\u00a07(1)(b)\u00a0and\u00a0(c)\u00a0of\u00a0Act 104 of 1980, by\u00a0section\u00a08(1)(e)-(i) of\u00a0Act 96 of 1981, by\u00a0section\u00a06(1)(b)-(g) of\u00a0Act\u00a091 of 1982, by\u00a0section\u00a09(1)(d)\u00a0of\u00a0Act 94 of 1983, by\u00a0section\u00a06(1)(c)-(e) of\u00a0Act 96 of 1985, by\u00a0section\u00a07(c)\u00a0and\u00a0(d)\u00a0of\u00a0Act 65 of 1986, by\u00a0section\u00a03(1)(a)-(c) of\u00a0Act\u00a0108 of 1986, by\u00a0section\u00a09(1)(e)\u00a0and\u00a0(f)\u00a0of\u00a0Act 85 of 1987, by\u00a0section\u00a010(1)(c)-(i) of\u00a0Act\u00a0101 of 1990, by\u00a0section\u00a08(1)(n)\u00a0of\u00a0Act\u00a036 of 1996, by\u00a0section\u00a021(1)(f)\u00a0and\u00a0(g)\u00a0of\u00a0Act\u00a030 of 2000, by\u00a0section\u00a09(b)\u00a0and\u00a0(c)\u00a0of\u00a0Act\u00a019 of 2001, by\u00a0section\u00a013(1)(a)\u00a0of\u00a0Act\u00a030 of 2002, by\u00a0section\u00a036\u00a0of\u00a0Act\u00a012 of 2003, by\u00a0section\u00a026(1)(c)\u00a0and\u00a0(d)\u00a0of\u00a0Act\u00a045 of 2003, by\u00a0section 8\u00a0of\u00a0Act\u00a016 of 2004, by\u00a0section\u00a05\u00a0of\u00a0Act\u00a09 of 2005, by\u00a0section\u00a023(a)-(c) of\u00a0Act\u00a09 of 2006, by\u00a0section\u00a02(2)(b)\u00a0and\u00a0section\u00a010(1)(f)\u00a0of\u00a0Act\u00a08 of 2007, by\u00a0section\u00a01(2)(c)\u00a0of\u00a0Act\u00a03 of 2008, by\u00a0section\u00a013(1)(d)\u00a0of\u00a0Act\u00a017 of 2009, by\u00a0section\u00a018(1)(h)\u00a0and\u00a0(i)\u00a0of\u00a0Act\u00a07 of 2010\u00a0and by\u00a0section\u00a028(1)(j)\u00a0of\u00a0Act\u00a024 of 2011, substituted by\u00a0section\u00a028(1)(k)\u00a0of\u00a0Act\u00a024 of 2011\u00a0and amended by\u00a0section\u00a014(1)(e)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and by\u00a0section\u00a05(1)\u00a0of\u00a0Act\u00a020 of 2022\u00a0with effect from 1\u00a0March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Section 10(1)(i) of ITA","collection_order":308,"collection":597,"post_modified":"2024-01-10 21:07:05","post_date":"2015-10-15 12:15:14"},{"ID":"555","post_content":"

(iB)\u00a0\u00a0 any amount received by or accrued to a holder of a participatory interest in a portfolio of a collective investment scheme in securities by way of a distribution from that portfolio if that amount is deemed to have accrued to that portfolio in terms of section 25BA<\/a>(1)(b) and that amount was subject to normal tax in the hands of that portfolio;<\/span><\/p>\n

[Paragraph (iB) inserted by section 13 of Act 17 of 2009, substituted by section 23 of Act 31 of 2013 and section 14 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n","post_title":"Section 10(1)(iB) of ITA","collection_order":309,"collection":597,"post_modified":"2019-03-02 20:26:04","post_date":"2015-10-15 12:15:14"},{"ID":"557","post_content":"

(j)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the receipts and accruals of any bank, if such bank is not resident in the Republic and is entrusted by the Government of a territory outside the Republic with the custody of the principal foreign exchange reserves of that territory\u037e<\/span><\/p>\n

[Paragraph (j) substituted by section 16(1)(b) of Act 25 of 2015 and by section 13 of Act 34 of 2019]<\/span><\/p>\n","post_title":"Section 10(1)(j) of ITA","collection_order":310,"collection":597,"post_modified":"2021-02-10 09:43:50","post_date":"2015-10-15 12:15:14"},{"ID":"559","post_content":"

(k)<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 dividends (other than dividends paid or declared by a headquarter company) received by or accrued to any person: Provided that this exemption shall not apply \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 to dividends (other than those received by or accrued to or in favour of a person that is not a resident or a dividend contemplated in paragraph (b) of the definition of \u2018dividend\u2019) distributed by a company that is a REIT, or a controlled company as defined in section 25BB<\/a>;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(cc)\u00a0\u00a0\u00a0 \u2026\u2026\u2026<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(dd)\u00a0\u00a0 to any dividend in respect of a restricted equity instrument as defined in section 8C<\/a>to the extent that the restricted equity instrument was acquired in the circumstances contemplated in section 8C<\/a>, unless-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(A)\u00a0\u00a0\u00a0 the restricted equity instrument constitutes an equity share, other than an equity share that would have constituted a hybrid equity instrument as defined in section 8E<\/a>(1) but for the three-year period requirement contemplated in that definition;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 the dividend constitutes an equity instrument as defined in that section; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(C)\u00a0\u00a0\u00a0\u00a0 the restricted equity instrument constitutes an interest in a trust and, where that trust holds shares, all of those shares constitute equity shares, other than equity shares that would have constituted hybrid equity instruments as defined in section 8E<\/a>(1) but for the three-year period requirement contemplated in that definition;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ee)\u00a0\u00a0\u00a0 to any dividend received by or accrued to a company in consequence of-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(A)\u00a0\u00a0\u00a0 any cession of the right to that dividend; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(B) \u00a0 \u00a0the exercise of a discretionary power by any trustee of a trust,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

unless that cession or exercise results in the holding by that company of all of the rights attaching to a share;<\/p>\n

<\/p>\n

(ff)\u00a0\u00a0\u00a0 to any dividends received by or accrued to a company in respect of a share borrowed by that company; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(gg)\u00a0\u00a0 to any dividends received by or accrued to a company in respect of a share held by that company to the extent that the aggregate of those dividends does not exceed an amount equal to the aggregate of any amounts incurred by that company as compensation for any distributions in respect of any other share borrowed by the company, other than a share in respect of which any dividends were received by or accrued to that company as contemplated in paragraph (ff), where the share so borrowed and the share so held are identical shares: Provided that where the company borrowing the share has lent out any other share that is an identical share to the share so borrowed, the aggregate amount so incurred must be reduced by the amount accrued to that company as compensation for any distribution in respect of the share so lent;<\/span><\/p>\n

[Item (gg) added by section 28 of Act 24 of 2011 effective on 1 April 2012, repealed by section 166 of Act 22 of 2012 effective on 10 January 2012, again item (gg) added by section 19 of Act 22 of 2012, amended by section 14 of Act 43 of 2014 and substituted by section 16 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(hh)\u00a0\u00a0 to any dividends received by or accrued to a company in respect of a share to the extent that-<\/span><\/p>\n

<\/p>\n

(A) the aggregate of those dividends does not exceed an amount equal to the aggregate of any deductible expenditure incurred by that company or any amount taken into account that has the effect of reducing income in the application of section 24JB<\/a>(2); and<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0the amount of that expenditure or reduction is determined directly or indirectly with reference to the dividend in respect of an identical share to that share;<\/span><\/p>\n

[Subitem (B) substituted by section 16 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

: Provided that the deductible expenditure so incurred or the amount of the reduction must be reduced by any amount of income accrued to the company in respect of any distribution in respect of any other share that is an identical share in relation to that share;<\/p>\n

[Proviso to item (hh) added by section 16 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

[Item (hh) added by section 19 of Act 22 of 2012 effective on 1 April 2013, deleted by section 194 of Act 31 of 2013 effective on 1 April 2013, and agian item (hh) added by section 23 of Act 31 of 2013 and substituted by section 14 of Act 43 of 2014]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 to any dividend received by or accrued to a person in respect of services rendered or to be rendered or in respect of or by virtue of employment or the holding of any office, other than a dividend received or accrued in respect of a restricted equity instrument as defined in section 8C<\/a> held by that person or in respect of a share held by that person;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(jj)\u00a0\u00a0\u00a0\u00a0 notwithstanding the provisions of paragraphs (dd) and (ii), to any dividend in respect of a restricted equity instrument as defined in section 8C<\/a> that was acquired in the circumstances contemplated in section 8C<\/a>(1) if that dividend constitutes-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 an amount transferred or applied by a company as consideration for the acquisition or redemption of any share in that company;<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 an amount received or accrued in anticipation or in the course of the winding up, liquidation, deregistration or final termination of a company; or<\/span><\/p>\n

<\/p>\n

(C)\u00a0\u00a0\u00a0 an equity instrument that does not qualify, at the time of the receipt or accrual of that dividend, as a restricted equity instrument as defined in section 8C<\/a>; or<\/span><\/p>\n

[Item (jj) added by section 23 of Act 15 of 2016 effective on 1 March 2017 and applies in respect any amount received or accrued on or after that date and substituted by section 16 of Act 17 of 2017 effective on 18 Decemeber 2017]<\/span><\/p>\n

<\/p>\n

(kk)\u00a0\u00a0 notwithstanding the provisions of paragraphs (dd) and (ii), to any dividend in respect of a restricted equity instrument as defined in section 8C<\/a> that was acquired in the circumstances contemplated in section 8C<\/a>(1) if that dividend is derived directly or indirectly from-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 an amount transferred or applied by a company as consideration for the acquisition or redemption of any share in that company; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 an amount received or accrued in anticipation or in the course of the winding up, liquidation, deregistration or final termination of a company;<\/span><\/p>\n

[Item (kk) added by section 16 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"Section 10(1)(k) of ITA","collection_order":311,"collection":597,"post_modified":"2021-04-05 08:48:12","post_date":"2015-10-15 12:14:56"},{"ID":"561","post_content":"

(l)\u00a0\u00a0\u00a0\u00a0\u00a0 the amount of any royalty as defined in section 49A<\/a> which is received by or accrues to any person that is not a resident, unless-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that person is a natural person who was physically present in the Republic for a period exceeding 183 days in aggregate during the twelve-month period preceding the date on which the amount is received by or accrues to that person; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the intellectual property or the knowledge or information in respect of which that royalty is paid is effectively connected with a permanent establishment of that person in the Republic;<\/span><\/p>\n

[Paragraph (l) deleted by section 10 of Act 101 of 90. inserted by section 13 of Act 59 of 2000 and substituted by section 19 of Act 22 of 2012 and section 14 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n","post_title":"Section 10(1)(l) of ITA","collection_order":312,"collection":597,"post_modified":"2019-03-02 20:26:47","post_date":"2015-10-15 12:14:56"},{"ID":"563","post_content":"

(lA) \u00a0 \u00a0any amount received by or accrued to any person who is not a resident if that amount is subject to tax on foreign entertainers and sportspersons in terms of Part IIIA<\/a> of this Chapter;<\/span><\/p>\n","post_title":"Section 10(1)(lA) of ITA","collection_order":313,"collection":597,"post_modified":"2019-03-02 20:26:43","post_date":"2015-10-15 12:14:56"},{"ID":"565","post_content":"

(mB)\u00a0 any benefit or allowance payable in terms of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001);<\/span><\/p>\n","post_title":"Section 10(1)(mB) of ITA","collection_order":314,"collection":597,"post_modified":"2019-03-02 20:26:51","post_date":"2015-10-15 12:14:56"},{"ID":"567","post_content":"

(nA)\u00a0 where an employee is as a condition of his employment required while on duty to wear a special uniform which is clearly distinguishable from ordinary clothing, the value of any such uniform given to the employee by his employer, or so much of any allowance made by the employer to the employee in lieu of any such uniform as is reasonable;<\/span><\/p>\n","post_title":"Section 10(1)(nA) of ITA","collection_order":315,"collection":597,"post_modified":"2019-03-02 20:26:54","post_date":"2015-10-15 12:14:56"},{"ID":"569","post_content":"

(nB)\u00a0\u00a0 any benefit or advantage accruing to any employee (as defined in paragraph 1<\/a> of the Seventh Schedule<\/a>) by reason of the fact that his employer (as defined in the said paragraph), has, in consequence of the transfer of the employee from one place of employment to another place of employment or the appointment of the employee as an employee of the employer or the termination of the employee\u2019s employment, borne the expense \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 of transporting such employee, members of his household and the personal goods and possessions of himself and the members of his household from his previous place of residence to his new place of residence; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 of the costs which have been incurred by the employee in respect of the sale of his or her previous residence and in settling in permanent residential accommodation at his or her new place of residence; or<\/span><\/p>\n

[Subpara (ii) substituted by section 7 of Act 65 of 1986 and section 16 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 of hiring residential accommodation in an hotel or elsewhere for the employee or members of his household during the period ending 183 days after his transfer took effect or after he took up his appointment, as the case may be, if such residential accommodation was occupied temporarily pending the obtaining of permanent residential accommodation;<\/span><\/p>\n","post_title":"Section 10(1)(nB) of ITA","collection_order":316,"collection":597,"post_modified":"2019-03-02 20:26:58","post_date":"2015-10-15 12:14:56"},{"ID":"571","post_content":"

(nC)\u00a0\u00a0 any amount received by or accrued to that person in the form of a qualifying equity share contemplated in section 8B<\/a>;<\/span><\/p>\n","post_title":"Section 10(1)(nC) of ITA","collection_order":317,"collection":597,"post_modified":"2019-03-02 20:27:04","post_date":"2015-10-15 12:14:55"},{"ID":"573","post_content":"

(nD) \u00a0 \u00a0 any amount received by or accrued to that person which constitutes \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an equity instrument contemplated in section 8C<\/a> acquired by that person and in respect of which that section applies; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 consideration for the disposal of an equity instrument contemplated in subparagraph (i),<\/span><\/p>\n

<\/p>\n

\u00a0which had not yet vested as contemplated in that section at the time of that acquisition or disposal;<\/p>\n","post_title":"Section 10(1)(nD) of ITA","collection_order":318,"collection":597,"post_modified":"2019-03-02 20:27:10","post_date":"2015-10-15 12:14:55"},{"ID":"575","post_content":"

(nE) \u00a0any amount (including any taxable benefit determined under the provisions of the Seventh Schedule<\/a>, but excluding any gain or loss as a result of any transaction in respect of which section 8C<\/a> applies or the cancellation of any such transaction) received by or accrued to an employee, as so defined, under a share incentive scheme operated for the benefit of employees of the taxpayer\u2019s employer, as so defined, which was derived \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 upon the cancellation of a transaction under which the taxpayer purchased shares under that scheme; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 upon the repurchase from the taxpayer, at a price not exceeding the selling price to him or her, of shares purchased by him or her under that scheme,<\/span><\/p>\n

<\/p>\n

if in consequence of such cancellation or repurchase the taxpayer has not received or become entitled to receive any compensation or consideration other than the repayment of any portion of the purchase price actually paid by him;<\/p>\n","post_title":"Section 10(1)(nE) of ITA","collection_order":319,"collection":597,"post_modified":"2019-03-02 20:27:17","post_date":"2015-04-14 12:45:14"},{"ID":"577","post_content":"

(o) \u00a0 \u00a0 any form of remuneration \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 as defined in paragraph 1<\/a> of the Fourth Schedule, derived by any person as an officer or crew member of a ship engaged \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0 in the international transportation for reward of passengers or goods; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 in the prospecting, exploration or mining (including surveys and other work of a similar nature) for, or production of, any minerals (including natural oils) from the seabed outside the Republic, where such officer or crew member is employed on board such ship solely for the purposes of the \u201cpassage\u201d of such ship, as defined in the Marine Traffic Act, 1981 (Act No. 2 of 1981),<\/span><\/p>\n

<\/p>\n

if such person was outside the Republic for a period or periods exceeding 183 full days in aggregate during the year of assessment;<\/p>\n

<\/p>\n

(iA)\u00a0\u00a0 as defined in paragraph 1 of the Fourth Schedule, derived by any person as an officer or crew member of a South African ship as defined in section 12Q(1) mainly engaged-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 in international shipping as defined in section 12Q<\/a>(1); or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 in fishing outside the Republic; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent to which that remuneration does not exceed R1,25 million in respect of a year of assessment and is received by or accrues to any employee during any year of assessment by way of any salary, leave pay, wage, overtime pay, bonus, gratuity, commission, fee, emolument or allowance, including any amount referred to in paragraph (i) of the definition of gross income in section 1 or an amount referred to in section 8<\/a>, 8B<\/a> or 8C<\/a>, in respect of services rendered outside the Republic by that employee for or on behalf of any employer, if that employee was outside the Republic-<\/span><\/p>\n

<\/p>\n

(aa)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0 for a period or periods exceeding 183 full days in aggregate during any period of 12 months; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0 for a period or periods exceeding 117 full days in aggregate during any period of 12 months in respect of any year of assessment ending on or after 29 February 2020 but on or before 28 February 2021; and<\/span><\/p>\n

[Item (aa)\u00a0substituted by\u00a0section 16(j)\u00a0of\u00a0Act\u00a035 of 2007\u00a0and by\u00a0section 10(1)(c)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed to have come into operation 29\u00a0February 2020]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 for a continuous period exceeding 60 full days during that period of 12 months, and those services were rendered during that period or periods: Provided that-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 for purposes of this subparagraph, a person who is in transit through the Republic between two places outside the Republic and who does not formally enter the Republic through a port of entry a contemplated in section 9(1) of the Immigration Act, 2002 (Act No. 13 of 2002), or at any other place as may be permitted by the Director General of the Department of Home Affairs or the Minister of Home Affairs in terms of that Act, shall be deemed to be outside the Republic;<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0the provisions of this subparagraph shall not apply in respect of any remuneration-<\/span><\/p>\n

<\/p>\n

(AA)\u00a0 derived in respect of the holding of a public office contemplated in section 9(2)(g); or<\/span><\/p>\n

<\/p>\n

(BB)\u00a0 received by or accrued to any person in respect of services rendered or work or labour performed as contemplated in section 9(2)(h); and<\/span><\/p>\n

<\/p>\n

(C) \u00a0 \u00a0for the purposes of this subparagraph, where remuneration is received by or accrues to any employee during any year of assessment in respect of services rendered by that employee in more than one year of assessment, the remuneration is deemed to have accrued evenly over the period that those services were rendered;<\/span><\/p>\n

[Paragraph (C) added by section 16(m) of Act 35 of 2007]<\/span><\/span><\/p>\n

[Paragraph (o) substituted by section 13(1)(l) of Act 89 of 1969, deleted by section 7(1)(c) of Act 65 of 1973, inserted by section 4(1) of Act 140 of 1993, substituted by section 18(1)(h) of Act 53 of 1999 and by section 13(1)(p) of Act 59 of 2000 and amended by section 18(1)(e) of Act 74 of 2002 and by section 16(g) of Act 35 of 2007. Subparagraph (ii) substituted by section 18(1)(g) of Act 74 of 2002 and amended by section 16(i) of Act 35 of 2007, by section 16(1)(g) of Act 17 of 2017 and by section 6(1) of Act 22 of 2020 deemed effective on 1 March, 2020 and applicable in respect of years of assessment commencing on or after that date (section 6(1) of Act 22 of 2020 erroneously refers to the substitution in paragraph (o)(i) for the words preceding item (aa) instead of in paragraph (o)(ii))] <\/span><\/p>\n","post_title":"Section 10(1)(o) of ITA","collection_order":320,"collection":597,"post_modified":"2023-01-28 19:12:05","post_date":"2015-10-15 12:14:55"},{"ID":"579","post_content":"

(p)\u00a0\u00a0\u00a0\u00a0 any amount received by or accrued to any person who is not a resident, for services rendered or work or labour done by him outside the Republic for or on behalf of any employer in the national or provincial sphere of government or any municipality in the Republic or any national or provincial public entity if not less than 80 per cent of the expenditure of such entity is defrayed directly or indirectly from funds voted by Parliament, if such amount is chargeable with income tax in the country in which he is ordinarily resident and the income tax so chargeable is borne by himself and is not paid on his behalf by the Government, the municipality concerned or such public entity;<\/span><\/p>\n","post_title":"Section 10(1)(p) of ITA","collection_order":321,"collection":597,"post_modified":"2019-03-02 20:27:33","post_date":"2015-04-14 12:46:34"},{"ID":"581","post_content":"

(q)\u00a0\u00a0\u00a0\u00a0\u00a0any\u00a0bona fide<\/em>\u00a0scholarship or bursary, other than any scholarship or bursary contemplated in paragraph (qA), granted to enable or assist any person to study at a recognized educational or research institution: Provided that if any such scholarship or bursary has been so granted by an employer or an associated institution (as respectively defined in paragraph 1<\/a> of the Seventh Schedule<\/a>) to an employee (as defined in the said paragraph) or to a relative of such employee, the exemption under this paragraph shall not apply \u2013<\/em><\/span><\/p>\n

[Words preceding the proviso substituted by section 16 of Act 17 of 2017 effective on 1 March 2018 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of a scholarship or bursary granted to so enable or assist any such employee, unless the employee agrees to reimburse the employer for any scholarship or bursary granted to that employee if that employee fails to complete his or her studies for reasons other than death, ill-health or injury;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of a scholarship or bursary granted to enable or assist any such relative of an employee so to study \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0if the remuneration proxy derived by the employee in relation to a year of assessment exceeded R600 000;<\/span><\/span><\/p>\n

[Sub-paragraph (aa)\u00a0amended by\u00a0section\u00a01(2)(c)\u00a0of\u00a0Act\u00a03 of 2008, substituted by\u00a0section\u00a023(1)(t)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section\u00a023(1)(e)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section\u00a07(1)(a)\u00a0of\u00a0Act 14 of 2017\u00a0and amended by\u00a0section\u00a010(1)(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 to so much of any scholarship or bursary contemplated in this subparagraph as in the case of any such relative, during the year of assessment, exceeds-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 R20 000 in respect of-<\/span><\/p>\n

[Words preceding subsubitem (AA) substituted by section 23 of Act 15 of 2016 and section 7 of Act 14 of 2017 effective on 1 March 2017, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(AA) \u00a0grade R to grade twelve as contemplated in the definition of \u2018school\u2019 in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996); or<\/span><\/p>\n

<\/p>\n

(BB)\u00a0 a qualification to which an NQF level from 1 up to and including 4 has been allocated in accordance with Chapter 2 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008);<\/span><\/p>\n

[Subitem (A) substituted by section 16 of Act 25 of 2015 effective on 1 March 2013]<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 R60\u00a0000 in respect of a qualification to which an NQF level from 5 up to and including 10 has been allocated in accordance with\u00a0Chapter 2\u00a0of the National Qualifications Framework Act, 2008 (Act 67 of 2008); and<\/span><\/span><\/p>\n

[Sub-paragraph (bb)\u00a0amended by\u00a0section\u00a01(2)(c)\u00a0of\u00a0Act\u00a03 of 2008, substituted by\u00a0section\u00a023(1)(t)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and amended by\u00a0section\u00a010(1)(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]\u00a0<\/span><\/p>\n

[Item\u00a0(B)\u00a0substituted by\u00a0section\u00a023(1)(g)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section\u00a07(1)(c)\u00a0of\u00a0Act 14 of 2017\u00a0deemed effective on 1\u00a0March, 2017 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0if any remuneration to which the employee was entitled or might in the future have become entitled was in any manner whatsoever reduced or forfeited as a result of the grant of such scholarship or bursary;<\/span><\/span><\/p>\n

[Sub-paragraph (cc)\u00a0added by\u00a0section\u00a010(1)(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

[Paragraph (q)\u00a0deleted by\u00a0section 12(1)(i)\u00a0of\u00a0Act 129 of 1991, inserted by\u00a0section\u00a010(1)(p)\u00a0of\u00a0Act\u00a0141 of 1992, amended by\u00a0section\u00a010(1)(f)\u00a0of\u00a0Act\u00a028 of 1997, by\u00a0section\u00a013(1)(c)\u00a0and\u00a0(d)\u00a0of\u00a0Act\u00a030 of 2002\u00a0and substituted by\u00a0section\u00a010(1)(o)\u00a0of\u00a0Act\u00a020 of 2006\u00a0and amended by\u00a0section\u00a016(1)(h)\u00a0of\u00a0Act 17 of 2017\u00a0effective on 1\u00a0March, 2018 and applicable in respect of years of assessment commencing on or after that date]\u00a0<\/span><\/p>\n","post_title":"Section 10(1)(q) of ITA","collection_order":322,"collection":597,"post_modified":"2022-02-05 19:54:21","post_date":"2015-10-15 12:14:55"},{"ID":"13952","post_content":"

(qA)\u00a0\u00a0any bona fide scholarship or bursary granted to enable or assist any person who is a person with a disability as defined in\u00a0section 6B<\/a>(1) to study at a recognised educational or research institution: Provided that if any such scholarship or bursary has been so granted by an employer or an associated institution (as respectively defined in\u00a0paragraph 1<\/a>\u00a0of the Seventh Schedule<\/a>) to an employee (as defined in the said paragraph) who is a person with a disability as defined in\u00a0section 6B<\/a>(1) or to any person with a disability as defined in\u00a0section 6B<\/a>(1) who is a member of the family of an employee (as defined in\u00a0paragraph 1<\/a>\u00a0of the Seventh Schedule<\/a>) in respect of whom that employee is liable for family care and support, the exemption under this paragraph shall not apply-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of a scholarship or bursary granted to so enable or assist an employee, who is a person with a disability as defined in\u00a0section 6B<\/a>(1), unless that employee agrees to reimburse the employer for any scholarship or bursary granted to that employee if that employee fails to complete his or her studies for reasons other than death, ill-health or injury;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of a scholarship or bursary granted to enable or assist a person with a disability as defined in section 6B<\/a>(1) who is a member of the family of an employee, as defined in\u00a0paragraph 1<\/a>\u00a0of the Seventh Schedule, in respect of whom that employee is liable for family care and support, to study-<\/span><\/p>\n

[Words preceding item (aa) substituted by section 22 of Act 23 of 2018 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0if the remuneration proxy derived by the employee in relation to a year of assessment exceeded R600 000;<\/span><\/p>\n

[Sub-paragraph (aa)\u00a0amended by\u00a0section\u00a010(1)(d)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0to so much of any scholarship or bursary contemplated in this subparagraph as in the case of any such member of the family of that employee, during the year of assessment, exceeds-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0\u00a0R30 000 in respect of-<\/span><\/p>\n

<\/p>\n

(AA) grade R to grade twelve as contemplated in the definition of \u201cschool\u201d in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996); or<\/span><\/p>\n

<\/p>\n

(BB) a qualification to which an NQF level from 1 up to and including 4 has been allocated in accordance with Chapter 2 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008); and<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 R90\u00a0000 in respect of a qualification to which an NQF level from 5 up to and including 10 has been allocated in accordance with\u00a0Chapter 2\u00a0of the National Qualifications Framework Act, 2008 (Act\u00a067 of 2008); and<\/span><\/p>\n

[Sub-paragraph (bb)\u00a0amended by\u00a0section\u00a010(1)(d)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0if any remuneration to which the employee was entitled or might in the future have become entitled was in any manner whatsoever reduced or forfeited as a result of the grant of such scholarship or bursary;<\/span><\/p>\n

[Sub-paragraph (cc)\u00a0added by\u00a0section\u00a010(1)(d)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

[Paragraph (qA)\u00a0inserted by\u00a0section 11(c)\u00a0of\u00a0Act 55 of 1966, substituted by\u00a0section 10(1)(g)\u00a0of\u00a0Act 121 of 1984, deleted by\u00a0section 12(1)(j)\u00a0of\u00a0Act 129 of 1991\u00a0and inserted by\u00a0section\u00a016(1)(i)\u00a0of\u00a0Act 17 of 2017\u00a0effective on 1\u00a0March, 2018 and applicable in respect of years of assessment commencing on or after that date.\u00a0Paragraph (ii)\u00a0amended by\u00a0section\u00a022(1)(c)\u00a0of\u00a0Act 23 of 2018\u00a0deemed effective on 1\u00a0March, 2018 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Section 10(1)(qA) of ITA","collection_order":323,"collection":597,"post_modified":"2023-01-21 21:14:02","post_date":"2018-05-30 08:41:50"},{"ID":"583","post_content":"

(r)\u00a0\u00a0\u00a0\u00a0\u00a0 any gratuity (other than a leave gratuity) received by or accrued to any person from public funds upon his retirement from any office or employment under the Government, including the Railway Administration and any provincial administration, or from the funds of the Land and Agricultural Bank of South Africa upon his retirement as a member of the board of the said Bank, which the Treasury declares to be free of tax;<\/span><\/p>\n","post_title":"Section 10(1)(r) of ITA","collection_order":324,"collection":597,"post_modified":"2019-03-02 20:28:43","post_date":"2015-10-15 12:14:55"},{"ID":"585","post_content":"

(s) \u00a0 \u00a0 any amount by which the employees\u2019 tax as defined in section 1 of the Employment Tax Incentive Act, 2013, payable by an employer as contemplated in section 3 of that Act is reduced in terms of section 2(2) of that Act or paid in terms of section 10 of that Act;<\/span><\/p>\n","post_title":"Section 10(1)(s) of ITA","collection_order":325,"collection":597,"post_modified":"2019-03-02 20:28:34","post_date":"2015-10-15 12:14:55"},{"ID":"587","post_content":"

(t)\u00a0\u00a0\u00a0\u00a0the receipts and accruals \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 of the Council for Scientific and Industrial Research;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 of the South African Inventions Development Corporation;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 of the South African National Roads Agency Limited incorporated in terms of section 3 of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998);<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(v) \u00a0 \u00a0 of the Armaments Corporation of South Africa Limited, contemplated in section 2(1) of the Armaments Corporation of South Africa, Limited Act, 2003 (Act No. 51 of 2003);<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 of any company during any period during which all the issued shares of such company are held by the Corporation referred to in subparagraph (v), if the operations of such company are conducted in pursuance of, or are ancillary or complementary to, the objects of the said Corporation;<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0 of any traditional council or traditional community established or recognised or deemed to have been established or recognised in terms of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), or any tribe as defined in section 1 of that Act: Provided that the Minister may by notice in the Gazette determine that those receipts and accruals shall not be exempt with effect from any year of assessment commencing on or after a date to be determined by the Minister in such notice;<\/span><\/p>\n

<\/p>\n

(viii)\u00a0 of any regional electricity distributor that is wholly owned by any person that is exempt from normal tax during any year of assessment commencing before 1 January 2014, or before a later date that may be determined by the Minister by notice in the Gazette;<\/span><\/p>\n

<\/p>\n

(ix)\u00a0\u00a0\u00a0 of any water services provider;<\/span><\/p>\n

<\/p>\n

(x)\u00a0\u00a0\u00a0\u00a0 of the Development Bank of Southern Africa established on 23 June 1983;<\/span><\/p>\n

<\/p>\n

(xi)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(xii)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(xiii)\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(xiv)\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(xv)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(xvi) \u00a0of-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0the compensation fund established by\u00a0section 15\u00a0of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0the reserve fund established by\u00a0section 19\u00a0of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993); and<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0a mutual association licensed in terms of\u00a0section 30\u00a0of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), to carry on the business of insurance of employers against their liabilities to employees, if the compensation paid by the mutual association is identical to compensation that would have been payable in similar circumstances in terms of that Act;<\/span><\/p>\n

[Subparagraph (xvi) inserted by section 28 of Act 24 of 2011 and amended by section 23 of Act 15 of 2016 effective on 1 April 2016, applies in respect of receipts and accruals on or after that date]<\/span><\/p>\n

<\/p>\n

(xvii)\u00a0\u00a0of the National Housing Finance Corporation established in 1996 by the National Department of Human Settlements;<\/span><\/span><\/p>\n

[Subparagraph\u00a0(xvii)\u00a0added by\u00a0section\u00a023(1)(h)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and substituted by\u00a0section 9(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 April, 2024 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(xviii) of the Corporation for Deposit Insurance established in terms of section 166AE of the Financial Sector Regulation Act:<\/span><\/span><\/p>\n

[Subparagraph\u00a0(xviii)\u00a0inserted by\u00a0section 9(1)(c)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 April, 2024 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

: Provided that any entity contemplated in this paragraph must comply with such reporting requirements as the Commissioner may determine;<\/p>\n","post_title":"Section 10(1)(t) of ITA","collection_order":326,"collection":597,"post_modified":"2024-01-10 21:11:46","post_date":"2015-10-15 12:14:55"},{"ID":"589","post_content":"

(u) \u00a0 \u00a0 any amount received by or accrued to any person-<\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u00a0from or on behalf of such person\u2019s spouse or former spouse by way of alimony or allowance or maintenance of such person under an order of judicial separation or divorce granted in consequence of proceedings instituted after the twenty-first day of March, 1962, or under any agreement of separation entered into after that date.<\/span><\/p>\n","post_title":"Section 10(1)(u) of ITA","collection_order":327,"collection":597,"post_modified":"2019-03-02 20:28:47","post_date":"2015-10-15 12:14:55"},{"ID":"10594","post_content":"

(y)\u00a0\u00a0\u00a0\u00a0 any government grant or government scrapping payment received or accrued in terms of any programme or scheme which has been approved in terms of the national annual budget process and has been identified by the Minister by notice in the Gazette with effect from a date specified by the Minister in that notice (including any date that precedes the date of such notice) for purposes of this paragraph, having regard to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 whether the programme or scheme meets government policy priorities and objectives with respect to-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 the encouragement of economic growth and investment;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the promotion of employment creation;<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 the development of public infrastructure and transport;<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 the promotion of public health;<\/span><\/p>\n

<\/p>\n

(ee)\u00a0\u00a0\u00a0 the development of innovation and technology;<\/span><\/p>\n

<\/p>\n

(ff)\u00a0\u00a0\u00a0 the provision of housing and basic services; or<\/span><\/p>\n

<\/p>\n

(gg)\u00a0\u00a0 the provision of relief in the case of natural disasters;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the extent to which the programme or scheme will support the policy priorities and objectives contemplated in subparagraph (i);<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the financial implications for government should government grants or government scrapping payments in terms of that programme or scheme be exempt from tax; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 whether the tax implications were taken into account in determining the appropriation or payment in respect of that programme or scheme;<\/span><\/p>\n

[Paragraph (y) added by section 8 of Act 76 of 1968, deleted by section 10 of Act 101 of 1990, inserted by section 16 of Act 31 of 2005, amended by section 10 of Act 20 of 2006, deleted by section 19 of Act 22 of 2012 and added by section 16 of Act 25 of 2015 effective on 1 January 2013]<\/span><\/p>\n","post_title":"Section 10(1)(y) of ITA","collection_order":328,"collection":597,"post_modified":"2024-01-10 21:12:41","post_date":"2017-06-07 19:46:48"},{"ID":"591","post_content":"

(yA) \u00a0 any amount received by or accrued to any person in respect of goods or services provided to beneficiaries in terms of an official development assistance agreement that is binding in terms of section 231(3) of the Constitution of the Republic of South Africa, 1996, to the extent \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0that amount is received or accrued in relation to projects that are approved by the Minister; and<\/span><\/p>\n

[Subparagraph (aa) substituted by section 16 of Act 17 of 2017 and section 22 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 where that agreement was concluded on or after 1 January 2007, that that agreement provides that those receipts and accruals of that person must be exempt;<\/span><\/p>\n

[Subparagraph (bb)\u00a0substituted by\u00a0section 22(1)(d)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section 10(1)(e)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed to have come into operation 1\u00a0January, 2007 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

(cc)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (cc) deleted by section 16 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"Section 10(1)(yA) of ITA","collection_order":329,"collection":597,"post_modified":"2023-01-21 21:14:15","post_date":"2015-10-15 12:14:55"},{"ID":"593","post_content":"

(zE) \u00a0 any amount received by or accrued to the Small Business Development Corporation Limited, by way of any subsidy or assistance payable by the State;<\/span><\/p>\n","post_title":"Section 10(1)(zE) of ITA","collection_order":330,"collection":597,"post_modified":"2019-03-02 20:29:04","post_date":"2015-10-15 12:14:55"},{"ID":"597","post_content":"

(zJ) \u00a0 any amount received by or accrued to or in favour of a registered micro business as defined in the Sixth Schedule<\/a>, from the carrying on of a business in the Republic, other than an amount received by or accrued to a natural person registered as a micro business that constitutes-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 investment income as defined in paragraph 1<\/a> of the Sixth Schedule<\/a>; or<\/span><\/p>\n

<\/p>\n

(ii) \u00a0 \u00a0 remuneration as defined in the Fourth Schedule<\/a>.<\/span><\/p>\n","post_title":"Section 10(1)(zJ) of ITA","collection_order":331,"collection":597,"post_modified":"2019-03-02 20:29:11","post_date":"2015-10-15 12:14:55"},{"ID":"10599","post_content":"

(zK)\u00a0 any amount received by or accrued to or in favour of a small, medium or micro-sized enterprise from a small business funding entity;<\/span><\/p>\n

[Paragraph (zK) inserted by section 14 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n","post_title":"Section 10(1)(zK) of ITA","collection_order":332,"collection":597,"post_modified":"2019-03-02 20:29:18","post_date":"2017-06-07 19:48:52"},{"ID":"595","post_content":"

(zL)\u00a0\u00a0\u00a0any amount received or accrued previously prohibited as a deduction during any year of assessment under\u00a0section 23<\/a>(o)(iii) that is recovered in any subsequent year of assessment.<\/span><\/p>\n

[Paragraph (zL) added by section 22 of Act 23 of 2018 effective on 1 April 2019 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Section 10(1)(zL) of ITA","collection_order":333,"collection":597,"post_modified":"2020-05-27 19:29:22","post_date":"2015-10-15 12:14:55"},{"ID":"599","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Notwithstanding the exemptions provided for in paragraphs (h) and (k) of subsection (1)-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the said exemptions shall not apply in respect of any portion of an annuity.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The exemptions from tax provided by any paragraph of subsection (1) shall not extend to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any payments out of the receipts, accruals, amounts or profits mentioned in such paragraph; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any tax leviable under this Act in respect of any taxable capital gain determined in accordance with the Eighth Schedule.<\/span><\/p>\n


<\/span><\/p>\n

(4) .\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/span><\/p>\n


<\/p>\n

(5)<\/span><\/span><\/p>\n


<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0A person is disqualified from managing the collective interests common to all its members as mentioned in subsection (1)(e)(i)(cc)(A) if that person is disqualified in terms of section 6 of the Trust Property Control Act, 1988 (Act 57 of 1988), section 25A of the Nonprofit Organisations Act, 1997 (Act 71 of 1997), or section 69 of the Companies Act.<\/span><\/span><\/p>\n


<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0A person who manages the collective interests common to all its members, as mentioned in subsection (1)(e)(i)(cc)(A) in contravention of paragraph (a), shall be guilty of an offence and liable, on conviction, to a fine or to imprisonment for a period not exceeding 24 months.<\/span><\/span><\/p>\n

[Subsection (5)\u00a0added by\u00a0section 3\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Subsections 2 and 3 of section 10 of ITA","collection_order":334,"collection":597,"post_modified":"2024-01-10 21:15:24","post_date":"2015-10-15 12:14:55"},{"ID":"601","post_content":"

10A.\u00a0\u00a0\u00a0 Exemption of capital element of purchased annuities<\/span><\/strong><\/p>\n","post_title":"Section 10A (ITA) - Exemption of capital element of purchased annuities","collection_order":335,"collection":597,"post_modified":"2019-02-09 22:10:21","post_date":"2015-10-15 12:14:55"},{"ID":"603","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/p>\n

\u00a0<\/p>\n

\u201cannuity amount\u201d<\/strong> means an amount payable by way of annuity under an annuity contract and any amount payable in consequence of the commutation or termination of any such annuity contract;<\/p>\n","post_title":"\"Annuity amount\" definition of section 10A of ITA","collection_order":336,"collection":597,"post_modified":"2019-02-09 22:10:27","post_date":"2015-10-15 12:14:55"},{"ID":"605","post_content":"

\u201cannuity contract\u201d<\/strong> means an agreement concluded between an insurer in the course of his insurance business and a purchaser, in terms of which \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the insurer agrees to pay to the purchaser or the purchaser\u2019s spouse or surviving spouse an annuity or annuities (whether to one such person or to each of them) until the death of the annuitant or the expiry of a specified term;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the purchaser agrees to pay to the insurer a lump sum cash consideration for such annuity or annuities; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 no amounts are or will be payable by the insurer to the purchaser or any other person other than amounts payable by way of such annuity or annuities or, where an annuity is payable for a minimum term and such annuity is in the event of the death of the annuitant before the end of such term to continue to be payable to some third person for the balance of that term, amounts which may be so payable to such third person by way of such annuity,<\/span><\/p>\n

\u00a0<\/p>\n

but does not include any agreement for the payment by any insurer of any annuity which is under the rules of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund payable to a member of such fund or to any other person;<\/p>\n","post_title":"\"Annuity contract\" definition of section 10A of ITA","collection_order":337,"collection":597,"post_modified":"2019-02-09 22:10:34","post_date":"2015-10-15 12:14:55"},{"ID":"607","post_content":"

\u201ccommencement\u201d<\/strong>, in relation to an annuity contract, means the date on which the annuity contract is concluded;<\/p>\n","post_title":"\"Commencement\" definition of section 10A of ITA","collection_order":338,"collection":597,"post_modified":"2019-02-09 22:10:40","post_date":"2015-10-15 12:14:55"},{"ID":"609","post_content":"

\u201cexpected return\u201d<\/strong>, in relation to an annuity under an annuity contract, means an amount determined in a manner contemplated in this section as representing the sum of all the annuity amounts which may, as at the commencement of the annuity contract, be expected to become payable by way of the annuity from the said commencement;<\/p>\n","post_title":"\"Expected return\" definition of section 10A of ITA","collection_order":339,"collection":597,"post_modified":"2019-02-09 22:10:49","post_date":"2015-10-15 12:14:55"},{"ID":"611","post_content":"

\u201cpurchaser\u201d<\/strong>, in relation to an annuity contract means \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any natural person and includes such person\u2019s deceased or insolvent estate; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a curator bonis of, or a trust created solely for the benefit of, any natural person where the High Court has declared such person to be of unsound mind and incapable of managing his own affairs and such Court has ordered the appointment of such curator or creation of such trust, as the case may be;<\/span><\/p>\n","post_title":"\"Purchaser\" definition of section 10A of ITA","collection_order":340,"collection":597,"post_modified":"2019-02-09 22:10:57","post_date":"2015-10-15 12:14:55"},{"ID":"613","post_content":"

\u201cstatutory actuary\u201d<\/strong> means an actuary appointed in accordance with section 20 (1) or 21 (1) (b) of the Long-term Insurance Act;<\/p>\n","post_title":"\"Statutory actuary\" definition of section 10A of ITA","collection_order":341,"collection":597,"post_modified":"2019-02-09 22:11:04","post_date":"2015-10-15 12:14:55"},{"ID":"615","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 There shall be exempt from normal tax so much of any annuity amount payable to a purchaser or his spouse or surviving spouse (as contemplated in paragraph (a) of the definition of \u201cannuity contract\u201d in subsection (1)), or to the deceased or insolvent estate of such spouse or surviving spouse as is determined in accordance with subsection (3) to represent the capital element of such amount.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The capital element of an annuity amount shall be \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a sum determined in accordance with the formula<\/p>\n

<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Y \u00a0 = \u00a0\u00a0\u00a0 \u00a0A \u00a0\u00a0<\/span>\u00a0 \u00a0x \u00a0 C<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 B<\/p>\n

<\/p>\n

in which formula \u2013<\/em><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cY\u201d represents the sum to be determined;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 \u201cA\u201d represents the amount of the total cash consideration given by the purchaser under the annuity contract in question as contemplated in paragraph (b) of the definition of \u201cannuity contract\u201d in subsection (1);<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 \u201cB\u201d represents the total expected returns of all the annuities provided for in the annuity contract in question; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 \u201cC\u201d represents the aforesaid annuity amount; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where, by reason of any unpredictable contingency (other than the death or survival of any person), any amount payable by way of any annuity under the annuity contract in question is uncertain at the date on which the first payment by way of an annuity becomes due under that contract, such sum as may on the basis of a fair and reasonable calculation be taken to be the capital element of the aforesaid annuity amount: Provided that the said sum shall be determined in such manner that the capital element of all the annuity amounts becoming due during any year of assessment in respect of all the annuities under the said contract does not in total exceed an amount determined in accordance with the formula<\/span><\/p>\n

<\/p>\n

Z \u00a0 = \u00a0\u00a0 \u00a0 1 \u00a0\u00a0<\/span> \u00a0 x \u00a0 A<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0N<\/p>\n

<\/p>\n

in which formula \u2013<\/em><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cZ\u201d represents the amount to be determined;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 \u201cN\u201d represents the probable number of years during which annuity amounts will be payable under the said annuity contract from the date on which the first of such amounts becomes due, due regard being had to the manner in which and the frequency with which such amounts are payable; and<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

\u00a0(iii)\u00a0\u00a0\u00a0 \u201cA\u201d represents the amount of the total cash consideration given by the purchaser under the said annuity contract as contemplated in paragraph (b) of the definition of \u201cannuity contract\u201d in subsection (1); or<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 where such annuity amount is payable in consequence of the commutation or termination of the annuity contract concerned, an amount determined in accordance with the formula<\/span><\/p>\n

<\/p>\n

X \u00a0 = \u00a0 A \u2013 D<\/p>\n

<\/p>\n

in which formula \u2013<\/em><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cX\u201d represents the amount to be determined;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 \u201cA\u201d represents the amount of the total cash consideration given by the purchaser under the annuity contract concerned as contemplated in paragraph (b) of the definition of \u201cannuity contract\u201d in subsection (1); and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 \u201cD\u201d represents the sum of the amounts determined in accordance with paragraphs (a) and (b) as representing the capital element of all annuity amounts payable under the annuity contract prior to the commutation or termination thereof.<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The statutory actuary of an insurer who is a party to an annuity contract shall, before payment of the first annuity amount is made under such contract, or within such period as the Commissioner may allow, make a calculation (with due regard to the provisions of subsection (5)) in the manner prescribed in paragraph (a) of subsection (3) or, if the provisions of paragraph (b) of that subsection are applicable, in accordance with that paragraph, of the capital element of all the annuity amounts to be paid under the said contract: Provided that \u2013<\/em><\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where the capital element is calculated under the said paragraph (a), it shall be sufficient if the capital element is calculated as a percentage to be applied to each of the said annuity amounts; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where the capital element is calculated under the said paragraph (b), it shall be sufficient if a calculation is made of the amount to be determined in accordance with the formula in the proviso to that paragraph.<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 A statutory actuary who makes any calculation as provided in subsection (4) or any recalculation as provided in subsection (6) (b), shall do so in accordance with generally accepted actuarial principles or practice, and where a determination has to be made of the life expectancy of any person for the purpose of a calculation of the expected return of any annuity or the probable number of years during which annuity amounts will be paid under any annuity contract, the mortality tables to be used for such determination shall be the select tables in the volume of tables published in 1953 at the University Press, Cambridge, for the Institute of Actuaries and the Faculty of Actuaries, entitled \u201cThe a (55) Tables for Annuitants\u201d, and the age of the person concerned shall for the purposes of such determination be taken to be his age on his birthday immediately preceding the commencement of the annuity contract in question.<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 Where any annuity contract is varied so that it no longer conforms with the requirements prescribed in the definition of \u201cannuity contract\u201d in subsection (1), the exemption conferred by subsection (2) in respect of the capital element of annuity amounts under that contract shall not apply in respect of such amounts under that contract which become due on or after the date of such variation.<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 Subject to the provisions of paragraph (a), where any annuity contract is varied as to the payment of any annuity or consideration payable thereunder, the capital element of annuity amounts becoming due thereunder after such variation is effected shall, with due regard to the provisions of subsection (5), be re\u2013<\/em>calculated by the statutory actuary of the insurer concerned.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0Where the capital element of annuity amounts has been calculated as provided in subsection (4) or has been re\u2013<\/em>calculated as provided in subsection (6) (b), the insurer concerned shall furnish each annuitant under the annuity contract in question, within one month after the date on which the calculation or re\u2013<\/em>calculation is made, as the case may be, or within such further period as the Commissioner may allow, with two copies of such calculation or re\u2013<\/em>calculation, as the case may be.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 An annuitant who has received the two copies referred to in paragraph (a) shall submit one of them to the Commissioner as and when required by the Commissioner.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0Where the capital element of annuity amounts has been calculated as provided in subsection (4) or has been re-calculated as provided in subsection (6)(b), the calculation or re-calculation shall apply in respect of all annuity amounts which become due to any person under the annuity contract in question and shall also apply to any year of assessment subsequent to the year of assessment in which the calculation or re-calculation took place.<\/span><\/p>\n

[Paragraph (c) added by section 24 of Act 15 of 2016 effective on 8 January 2016]<\/span>\u00a0<\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (8) deleted by section 17 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (10) substituted by section 271 of Act 28 of 2011 and deleted by section 24 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(11)\u00a0\u00a0 Where the cash consideration given by the purchaser and the annuity amount receivable under an annuity contract is denominated in any currency other than the currency of the Republic, the capital element of that annuity amount must be calculated in terms of subsection (3) in that other currency and must be translated to the currency of the Republic by applying the exchange rate applied in terms of section 25D<\/a> in respect of the annuity amount payable during the relevant year of assessment.<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5, 6, 7, 8, 10 and 11 of section 10A of ITA","collection_order":342,"collection":597,"post_modified":"2019-02-09 22:11:19","post_date":"2015-10-15 12:14:55"},{"ID":"617","post_content":"

10B. \u00a0Exemption of foreign dividends and dividends paid or declared by headquarter companies<\/span><\/strong><\/p>\n","post_title":"Section 10B (ITA) - Exemption of foreign dividends and dividends paid or declared by headquarter companies","collection_order":343,"collection":597,"post_modified":"2021-02-10 14:54:50","post_date":"2015-10-15 12:14:55"},{"ID":"619","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section, \u201cforeign dividend\u201d<\/strong> means any-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 foreign dividend as defined in section 1<\/a>; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 dividend paid or declared by a headquarter company.<\/span><\/p>\n","post_title":"\"Foreign dividend\" definition of section 10B of ITA","collection_order":344,"collection":597,"post_modified":"2021-01-02 21:39:16","post_date":"2015-10-15 12:14:55"},{"ID":"622","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Subject to subsection (4), there must be exempt from normal tax any foreign dividend received by or accrued to a person-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if that person (whether alone or together with any other company forming part of the same group of companies as that person) holds at least 10 per cent of the total equity shares and voting rights in the company declaring the foreign dividend;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if that person is a foreign company and the foreign dividend is paid or declared by another foreign company that is resident in the same country as that person;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 who is a resident to the extent that the foreign dividend does not exceed the aggregate of all amounts which are included in the income of that resident in terms of section 9D<\/a> in any year of assessment, which relate to the net income of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the company declaring the foreign dividend; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any other company which has been included in the income of that resident in terms of section 9D<\/a> by virtue of that resident\u2019s participation rights in that other company held indirectly through the company declaring the foreign dividend,<\/span><\/p>\n

<\/p>\n

reduced by-<\/p>\n

<\/p>\n

(aa) \u00a0 the amount of any foreign tax payable in respect of the amounts so included in that resident\u2019s income; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 so much of all foreign dividends received by or accrued to that resident at any time from any company contemplated in subparagraph (i) or (ii), as was-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0\u00a0exempt from tax in terms of paragraph (a), (d) or (e); or<\/span><\/p>\n

[Item (A) substituted by section 23 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 previously not included in the income of that resident by virtue of any prior inclusion in terms of section 9D<\/a>;<\/span><\/p>\n

<\/p>\n

: Provided that for the purposes of this paragraph, the net income of any company contemplated in subparagraphs (i) and (ii) must be determined without regard to subsection (3).<\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 to the extent that the foreign dividend is received by or accrues to that person in respect of a listed share and does not consist of a distribution of an asset in specie<\/em>; or<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 to the extent that the foreign dividend is received by or accrues to a company that is a resident in respect of a listed share and consists of the distribution of an asset in specie<\/em>:<\/span><\/p>\n

<\/p>\n

Provided that paragraphs (a) and (b) must not apply to any foreign dividend to the extent that the foreign dividend is deductible by the foreign company declaring or paying that foreign dividend in the determination of any tax on income on companies of the country in which that foreign company has its place of effective management.<\/p>\n

<\/p>\n

: Provided further that paragraph (a) must not apply to any foreign dividend received by or accrued to that person in respect of a share other than an equity share.<\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 In addition to the exemption provided for in subsection (2), there must be exempt from normal tax so much of the amount of the aggregate of any foreign dividends received by or accrued to a person during a year of assessment as-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is not exempt from normal tax in terms of subsection (2) for that year of assessment; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 does not during the year of assessment exceed an amount determined in accordance with the following formula:<\/span><\/p>\n

<\/p>\n

A = B \u00d7 C<\/p>\n

<\/p>\n

in which formula:<\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u2018A\u2019 represents the amount to be exempted for a year of assessment in terms of this paragraph;<\/span><\/p>\n

<\/p>\n

(ii) \u00a0 \u00a0\u2018B\u2019 represents-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0where the person is a natural person, deceased estate, insolvent estate or trust, the ratio of the number 25 to the number 45;<\/span><\/p>\n

[Item (aa) substituted by section 6 of Act 13 of 2015 and section 8 of Act 14 of 2017 effective on 1 March 2017, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 where the person is-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 a person other than a natural person, deceased estate, insolvent estate or trust; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 an insurer in respect of its company policyholder fund, corporate fund and risk policy fund,<\/span><\/p>\n

[Subitem (B) substituted by section 15 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

the ratio of the number 7 to the number 27; or<\/span><\/p>\n

[Item (bb)\u00a0amended by\u00a0section\u00a08(1)(b)\u00a0of\u00a0Act 14 of 2017\u00a0and by\u00a0section 10(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0where the person is an insurer in respect of its individual policyholder fund, the ratio of the number 10 to the number 30; and<\/span><\/p>\n

[Item (cc) substituted by section 8 of Act 14 of 2017 effective on 1 March 2017, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 \u2018C\u2019 represents the aggregate of any foreign dividends received by or accrued to the person during a year of assessment that is not exempt from normal tax in terms of subsection (2).<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Subsections (2)(a), (2)(b), (2)(d) and (3) do not apply in respect of any foreign dividend received by or accrued to any person if-<\/span><\/span><\/p>\n

<\/p>\n

(a)<\/span><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount of that foreign dividend is determined directly or indirectly with reference to; or<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that foreign dividend arises directly or indirectly from any amount paid or payable by any person to any other person; and<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the amount so paid or payable is deductible from the income of the person by whom it is paid or payable and-<\/span><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0is not subject to normal tax in the hands of the other person contemplated in subparagraph (i); and<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0where that other person contemplated in subparagraph (i) is a controlled foreign company, is not taken into account in determining the net income, contemplated in section 9D<\/a>(2A), of that controlled foreign company,<\/span><\/span><\/p>\n

<\/p>\n

unless the amount so paid or payable is paid or payable as consideration for the purchase of trading stock by the person by whom the amount is paid or payable, or the foreign dividend is declared from profits where less than 20 per cent of the profits were generated from transactions with persons that deducted the amount so paid or payable from income.<\/span><\/p>\n

[Subsection\u00a0(4)\u00a0amended by\u00a0section\u00a020(1)(e)\u00a0and\u00a0(f)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and substituted by\u00a0section 10(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of dividends or foreign dividends received or accrued on or after that date]<\/span><\/p>\n

<\/p>\n

(4A) \u00a0Subsection (2)(a) and (b) do not apply in respect of any foreign dividend received by or accrued to any person from any portfolio contemplated in paragraph (e)(ii) of the definition of \u2018company\u2019 in section 1.<\/span><\/span><\/p>\n

[Subsection\u00a0(4A)\u00a0inserted by\u00a0section 10(1)(c)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of dividends or foreign dividends received or accrued on or after that date]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0The exemptions from tax provided by subsections (2) and (3) do not apply in respect of any portion of an annuity or extend to any payments out of any foreign dividend received by or accrued to any person.<\/span><\/p>\n

[Subsection (5) substituted by section 20 of Act 22 of 2012 effective on 1 March 2012 where it applies to any person that is a natural person, deceased estate, insolvent estate or trust, and effective on 1 April 2012 where it applies to any person that is a person other than a natural person, deceased estate, insolvent estate or trust, and by section 17 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0Subsections (2) and (3) do not apply to any foreign dividend received by or accrued to a person in respect of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0services rendered or to be rendered or in respect of or by virtue of employment or the holding of any office, other than a foreign dividend in respect of a share held by that person; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a restricted equity instrument as defined in\u00a0section 8C<\/a>\u00a0that was acquired in the circumstances contemplated in that section if that foreign dividend is derived directly or indirectly from, or constitutes-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0an amount-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0transferred or applied by a company as consideration for the acquisition or redemption of any share in that company; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0received or accrued in anticipation or in the course of the winding up, liquidation,\u00a0\u00a0deregistration or final termination of a company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an equity instrument that does not qualify, at the time of the receipt or accrual of that foreign dividend, as a restricted equity instrument as defined in section 8C<\/a>.<\/span><\/p>\n

[Subparagraph (ii) substituted by section 17 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

[Subsection (6) added by section 25 of Act 31 of 2013 and substituted by section 25 of Act 15 of 2016 effective on 1 March 2017, applies in respect of amounts received or accrued after that date]<\/span><\/p>\n

<\/p>\n

(6A) \u00a0Subsections (2) and (3) do not apply to any foreign dividend received by or accrued to any company in respect of a share to the extent that the aggregate of those foreign dividends does not exceed an amount equal to the aggregate of any deductible expenditure incurred by that company or any amount taken into account that has the effect of reducing income in the application of section 24JB<\/a>(2), and the amount of that expenditure or reduction is determined directly or indirectly with reference to the foreign dividend in respect of a share that is an identical share to that share: Provided that the deductible expenditure so incurred or the amount of the reduction must be reduced by any amount of income accrued to the company in respect of any distribution in respect of any other share that is an identical share in relation to that share.<\/span><\/p>\n

[Subsection (6A)\u00a0inserted by\u00a0section 11(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable to foreign dividends received or accrued on or after that date]<\/span><\/p>\n

<\/p>\n

(7)<\/span><\/p>\n

<\/p>\n

(a) \u00a0\u00a0\u00a0\u00a0The Minister may announce in the national annual budget contemplated in section 27(1) of the Public Finance Management Act, that, effective on a date or dates mentioned in that announcement, the numbers contemplated in subsection (3)(b)(ii) will be altered to the extent mentioned in the announcement.<\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a06(1)\u00a0of\u00a0Act\u00a020 of 2022\u00a0deemed effective on 17\u00a0January 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0If the Minister makes an announcement of an alteration contemplated in paragraph (a), that alteration comes into effect on the date or dates determined by the Minister in that announcement and continues to apply for a period of 12 months from that date subject to Parliament passing legislation giving effect to that\u00a0announcement within that period of 12 months.<\/span><\/p>\n

[Subsection (7) added by section 23 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5 and 6 of section 10B of ITA","collection_order":345,"collection":597,"post_modified":"2024-01-26 09:35:31","post_date":"2015-10-15 12:14:55"},{"ID":"624","post_content":"

10C. \u00a0 \u00a0 Exemption of non\u00addeductible element of qualifying annuities<\/span><\/strong><\/p>\n","post_title":"Section 10C (ITA) - Exemption of non-deductible element of compulsory annuities","collection_order":346,"collection":597,"post_modified":"2021-02-10 09:15:41","post_date":"2015-10-15 12:14:55"},{"ID":"626","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/p>\n

\u201cqualifying annuity\u201d <\/strong>means the amount of the retirement interest of a person payable in the form of an annuity (including a living annuity)-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0as contemplated in paragraph (ii)(dd) of the proviso to paragraph (c) of the definition of \u201cpension fund\u201d\u037e<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0as contemplated in paragraph (e) of the proviso to the definition of \u201cpension preservation fund\u201d\u037e<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0as contemplated in paragraph (b)(ii) of the proviso to the definition of \u201cretirement annuity fund\u201d;<\/span><\/p>\n

[Paragraph (c)\u00a0amended by\u00a0section\u00a012(1)(a)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021]<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0as contemplated in paragraph (ii)(dd) of the proviso to the definition of \u201cprovident fund\u201d<\/a> in section 1<\/a>(1);<\/span><\/span><\/p>\n

[Paragraph (d)\u00a0substituted by\u00a0section\u00a012(1)(b)\u00a0of\u00a0Act\u00a023 of 2020, by\u00a0section\u00a07(1)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0March, 2021 and by\u00a0section\u00a02(1)(a)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0as contemplated in paragraph (e) of the definition of \u201cprovident preservation fund\u201d<\/a> in section 1<\/a>(1); or<\/span><\/span><\/p>\n

[Paragraph (e)\u00a0added by\u00a0section\u00a012(1)(c)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and substituted by\u00a0section\u00a02(1)(b)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0as contemplated in paragraph (ii) of the further proviso to the definition of \u201cpension fund\u201d<\/a> in section 1<\/a>(1);<\/span><\/span><\/p>\n

[Paragraph (f)\u00a0added by\u00a0section\u00a02(1)(c)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0\u00a0as contemplated in paragraph (d) of the definition of \u201cretirement component\u201d<\/a> in section 1<\/a>(1); or<\/span><\/span><\/p>\n

[Paragraph (g)\u00a0added by\u00a0section\u00a02(1)(c)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0\u00a0as contemplated in paragraph (ii) of the further proviso to the definition of \u201cprovident fund\u201d<\/a> in section 1<\/a>(1).<\/span><\/span><\/p>\n

[Paragraph (h)\u00a0added by\u00a0section\u00a02(1)(c)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

[Definition of \u201cqualifying annuity\u201d, previously definition of \u201ccompulsory annuity\u201d amended by\u00a0section\u00a016(1)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and substituted by\u00a0section\u00a014(1)(b)\u00a0of\u00a0Act\u00a034 of 2019\u00a0effective on 1\u00a0March, 2020 and applicable in respect of any contributions made to a provident or provident preservation fund in determining the taxable annuity received during any year of assessment from such fund in relation to annuities received on or after 1\u00a0March, 2020]<\/span><\/p>\n","post_title":"\"Compulsory annuity\" definition of section 10C of ITA","collection_order":347,"collection":597,"post_modified":"2024-09-06 13:07:20","post_date":"2015-10-15 12:14:55"},{"ID":"628","post_content":"

(2) \u00a0\u00a0\u00a0\u00a0There shall be exempt from normal tax in respect of the aggregate of qualifying annuities payable to a person an amount equal to so much of any contributions to any pension fund, provident fund and retirement annuity fund that did not rank for a deduction against the person\u2019s income in terms of section 11F as has not previously been-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 allowed to the person as a deduction in terms of the Second Schedule<\/a>; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 exempted from normal tax in terms of this section,<\/span><\/p>\n

<\/p>\n

in respect of any prior year of assessment.<\/p>\n

[Subsection\u00a0(2)\u00a0amended by\u00a0section\u00a026(1)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section\u00a018(1)\u00a0of\u00a0Act 17 of 2017, by\u00a0section\u00a024(1)\u00a0of\u00a0Act 23 of 2018, by\u00a0section\u00a014(1)(c)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and by\u00a0section\u00a012(1)(d)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021]<\/span><\/p>\n

[Section\u00a010C\u00a0inserted by\u00a0section\u00a021(1)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and amended by\u00a0section\u00a014(1)(a)\u00a0of\u00a0Act\u00a034 of 2019\u00a0effective on 1\u00a0March, 2020 and applicable in respect of any contributions made to a provident or provident preservation fund in determining the taxable annuity received during any year of assessment from such fund in relation to annuities received on or after 1\u00a0March, 2020]<\/span><\/p>\n","post_title":"Subsection 2 of section 10C of ITA","collection_order":348,"collection":597,"post_modified":"2023-01-21 21:17:02","post_date":"2015-10-15 12:14:55"},{"ID":"630","post_content":"

11. \u00a0 \u00a0 General deductions allowed in determination of taxable income<\/span><\/strong><\/p>\n","post_title":"Section 11 (ITA) - General deductions allowed in determination of taxable income","collection_order":349,"collection":597,"post_modified":"2019-02-09 22:12:32","post_date":"2015-10-15 12:14:55"},{"ID":"632","post_content":"

For the purpose of determining the taxable income derived by any person from carrying on any trade, there shall be allowed as deductions from the income of such person so derived \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 expenditure and losses actually incurred in the production of the income, provided such expenditure and losses are not of a capital nature;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Section 11(a) of ITA - general deduction formula","collection_order":350,"collection":597,"post_modified":"2018-12-01 21:28:28","post_date":"2015-10-15 12:14:55"},{"ID":"634","post_content":"

(c)\u00a0\u00a0\u00a0 any legal expenses (being fees for the services of legal practitioners, expenses incurred in procuring evidence or expert advice, court fees, witness fees and expenses, taxing fees, the fees and expenses of sheriffs or messengers of court and other expenses of litigation which are of an essentially similar nature to any of the said fees or expenses) actually incurred by the taxpayer during the year of assessment in respect of any claim, dispute or action at law arising in the course of or by reason of the ordinary operations undertaken by him in the carrying on of his trade: Provided that the amount to be allowed under this paragraph in respect of any such expenses shall be limited to so much thereof as \u2013<\/em><\/span><\/em><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is not of a capital nature; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 is not incurred in respect of any claim made against the taxpayer for the payment of damages or compensation if by reason of the nature of the claim or the circumstances any payment which is or might be made in satisfaction or settlement of the claim does not or would not rank for deduction from his income under paragraph (a); and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 is not incurred in respect of any claim made by the taxpayer for the payment to him of any amount which does not or would not constitute income of the taxpayer; and<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 is not incurred in respect of any dispute or action at law relating to any such claim as is referred to in paragraph (ii) or (iii) of this proviso;<\/span><\/p>\n","post_title":"Section 11(c) of ITA","collection_order":351,"collection":597,"post_modified":"2018-12-01 21:31:32","post_date":"2015-04-14 14:24:35"},{"ID":"636","post_content":"

(cA)\u00a0\u00a0 an allowance in respect of any amount actually incurred by such person in the course of the carrying on of his trade, as compensation in respect of any restraint of trade imposed on any other person who \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is a natural person;<\/span><\/p>\n

\n<\/p>

(ii)\u00a0\u00a0\u00a0\u00a0 is or was a labour broker as defined in the Fourth Schedule<\/a> (other than a labour broker in respect of which a certificate of exemption has been issued in terms of such Schedule);<\/span><\/p>\n

\n<\/p>

(iii)\u00a0\u00a0\u00a0 was a personal service company or personal service trust as defined in the Fourth Schedule<\/a> prior to section 66 of the Revenue Laws Amendment Act, 2008, coming into operation; or<\/span><\/p>\n

\n<\/p>

(iv)\u00a0\u00a0\u00a0 is a personal service provider as defined in the Fourth Schedule<\/a>,<\/span><\/p>\n

\n<\/p>

to the extent that such amount constitutes or will constitute income of the person to whom it is paid: Provided that the amount allowed to be deducted under this paragraph shall not exceed for any one year the lesser of \u2013<\/em><\/p>\n

\n<\/p>

(aa) \u00a0 so much of such amount so incurred as is equal to such amount divided by the number of years, or part thereof, during which the restraint of trade shall apply; or<\/span><\/p>\n

\n<\/p>

(bb)\u00a0\u00a0 one-third of such amount so incurred;<\/span><\/p>\n","post_title":"Section 11(cA) of ITA","collection_order":352,"collection":597,"post_modified":"2018-12-01 21:28:08","post_date":"2015-10-15 12:14:55"},{"ID":"638","post_content":"

(d)\u00a0\u00a0\u00a0\u00a0 expenditure actually incurred during the year of assessment on repairs of property occupied for the purpose of trade or in respect of which income is receivable, including any expenditure so incurred on the treatment against attack by beetles of any timber forming part of such property and sums expended for the repair of machinery, implements, utensils and other articles employed by the taxpayer for the purposes of his trade;<\/span><\/p>\n","post_title":"Section 11(d) of ITA","collection_order":353,"collection":597,"post_modified":"2018-12-01 21:25:15","post_date":"2015-10-15 12:14:55"},{"ID":"640","post_content":"

(e)\u00a0\u00a0\u00a0\u00a0\u00a0save as provided in paragraph 12(2) of the First Schedule, such sum as the Commissioner may think just and reasonable as representing the amount by which the value of any machinery, plant, implements, utensils and articles (other than machinery, plant, implements, utensils and articles in respect of which a deduction may be granted under section 12B<\/a>, 12BA<\/a>, 12C<\/a>, 12DA<\/a>, 12E<\/a>(1), 12U<\/a> or 37B<\/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 \u201cinstalment credit agreement\u201d in section 1 of the Value-Added Tax Act and used by the taxpayer for the purpose of his or her trade has been diminished by reason of wear and tear or depreciation during the year of assessment: Provided that-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(iA)\u00a0\u00a0 no allowance may be made in respect of any machinery, plant, implement, utensil or article 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 \u2018instalment credit agreement\u2019 in section 1 of the Value-Added Tax Act;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in no case shall any allowance be made for the depreciation of buildings or other structures or works of a permanent nature;<\/span><\/p>\n

\u00a0<\/p>\n

(iiA)\u00a0 where any machinery, implement, utensil or article qualifying for an allowance under this paragraph is mounted on or affixed to any concrete or other foundation or supporting structure and \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 the foundation or supporting structure is designed for such machinery, implement, utensil or article and constructed in such manner that it is or should be regarded as being integrated with the machinery, implement, utensil or article; and<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 the useful life of the foundation or supporting structure is or will be limited to the useful life of the machinery, implement, utensil or article mounted thereon or affixed thereto,<\/span><\/p>\n

\u00a0<\/p>\n

the said foundation or supporting structure shall for the purposes of this paragraph not be deemed to be a structure or work of a permanent nature but shall for the purposes of this Act be deemed to be a part of the machinery, implement, utensil or article mounted thereon or affixed thereto;<\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (iii) substituted by section 12 of Act 55 of 66 and section 10 of Act 21 of 1994 and deleted by section 18 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(iiiA) \u00a0no allowance shall be made under this paragraph in respect of any machinery, implement, utensil or article of which the cost has been allowed as a deduction from the taxpayer\u2019s income under the provisions of section 24D<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 the value of any machinery, implements, utensils or articles used by the taxpayer for the purposes of his trade shall be increased by the amount of any expenditure (other than expenditure referred to in paragraph (a)) which is incurred by the taxpayer in moving such machinery, implements, utensils or articles from one location to another;<\/span><\/p>\n

[Subparagraph (v) substituted by section 18 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(vi)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(vii)\u00a0\u00a0\u00a0 where the value of any such machinery, implements, utensils or articles acquired by the taxpayer on or after 15 March 1984 is for the purposes of this paragraph to be determined having regard to the cost of such machinery, implements, utensils or articles, such cost shall be deemed to be the cost which the taxpayer would, if such taxpayer had acquired such machinery, implements, utensils or articles under a cash transaction concluded at arm\u2019s length on the date on which the transaction for the acquisition of such machinery, implements, utensils or articles was in fact concluded, have incurred in respect of the direct cost of the acquisition of such machinery, implements, utensils or articles, including the direct cost of the installation or erection thereof;<\/span><\/p>\n

[Paragraph (vii)\u00a0added by\u00a0section 11(1)(c)\u00a0of\u00a0Act 121 of 1984, amended by\u00a0section\u00a019(1)(c)\u00a0of\u00a0Act\u00a07 of 2010\u00a0and substituted by\u00a0section\u00a018(1)(c)\u00a0of\u00a0Act\u00a025 of 2015\u00a0and by\u00a0section\u00a08(1)(a)\u00a0of\u00a0Act\u00a020 of 2022\u00a0deemed effective on 29\u00a0July, 2022 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(viii)\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(ix)\u00a0\u00a0\u00a0\u00a0where any such machinery, plant, implement, utensil or article was used by the taxpayer during any previous year of assessment or years of assessment 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 or years the period in use of such asset during such previous year or years shall be taken into account in determining the amount by which the value of such machinery, plant, implement, utensil or article has been diminished; and<\/span><\/p>\n

[Paragraph (ix)\u00a0added by\u00a0section\u00a015(c)\u00a0of\u00a0Act\u00a059 of 2000, substituted by\u00a0section\u00a018(1)(c)\u00a0of\u00a0Act\u00a060 of 2008\u00a0and by\u00a0section\u00a018(1)(c)\u00a0of\u00a0Act\u00a025 of 2015\u00a0and amended by\u00a0section\u00a08(1)(b)\u00a0of\u00a0Act\u00a020 of 2022\u00a0deemed effective on 29\u00a0July 2022 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(x)\u00a0\u00a0\u00a0\u00a0\u00a0no allowance may be made in respect of any machinery, plant, implement, utensil or article acquired by the taxpayer as or with a \u201cgovernment grant\u201d as defined in section 12P<\/a>(1);<\/span><\/p>\n

[Paragraph (e)\u00a0amended by\u00a0section\u00a09(a)\u00a0of\u00a0Act 90 of 1962\u00a0and by\u00a0section\u00a09(a)\u00a0of\u00a0Act\u00a090 of 1964, substituted by\u00a0section\u00a011(1)(a)\u00a0of\u00a0Act 88 of 1965\u00a0and amended by\u00a0section\u00a08(1)(b)\u00a0of\u00a0Act 90 of 1988, by\u00a0section\u00a011(1)(a)\u00a0of\u00a0Act\u00a0101 of 1990, by\u00a0section\u00a06(a)\u00a0of\u00a0Act\u00a09 of 2005, by\u00a0section\u00a018(a)\u00a0of\u00a0Act 31 of 2005, by\u00a0section\u00a010(1)(a)\u00a0of\u00a0Act\u00a03 of 2008, by\u00a0section\u00a019(1)(a)\u00a0of\u00a0Act\u00a07 of 2010, by\u00a0section\u00a027(1)(a)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section\u00a026(1)(a)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section 11(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after 1 March, 2023.\u00a0Paragraph (x)\u00a0added by\u00a0section\u00a08(1)(b)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 29\u00a0July, 2022 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"Section 11(e) of ITA","collection_order":354,"collection":597,"post_modified":"2024-01-10 21:36:09","post_date":"2015-10-15 12:14:55"},{"ID":"642","post_content":"

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 an allowance in respect of any premium or consideration in the nature of a premium paid by a taxpayer for \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the right of use or occupation of land or buildings used or occupied for the production of income or from which income is derived; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the right of use of any plant or machinery used for the production of income or from which income is derived; or<\/span><\/p>\n

<\/p>\n

(ii)bis<\/em> the right of use of any motion picture film or any sound recording or advertising matter connected with such film, if such film, sound recording or advertising matter is used for the production of income or income is derived therefrom; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the right of use of any patent as defined in the Patents Act or any design as defined in the Designs Act or any trade mark as defined in the Trade Marks Act or any copyright as defined in the Copyright Act or of any other property which is of a similar nature, if such patent, design, trade mark, copyright or other property is used for the production of income or income is derived therefrom; or<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 the imparting of or the undertaking to impart any knowledge directly or indirectly connected with the use of such film, sound recording, advertising matter, patent, design, trade mark, copyright or other property as aforesaid; or<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0the right of use of any pipeline, transmission line or cable or railway line contemplated in the definition of \u2018affected asset\u2019 in\u00a0section 12D<\/a>, other than an asset contemplated in paragraph (c) of that definition; or<\/span><\/p>\n

[Subparagraph (v) added by section 14 of Act 17 of 2009 and substituted by section 25 of Act 23 of 2018 effective on 1 April 2019, applies in respect of assets brought into use on or after that date]<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0\u00a0the right of use of any line or cable used for the transmission of electronic communications contemplated in paragraph (c) of the definition of \u2018affected asset\u2019 in\u00a0section 12D<\/a>:<\/span><\/p>\n

[Subparagraph (vi) added by section 25 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

Provided that \u2013<\/em><\/p>\n

<\/p>\n

(aa) \u00a0 the allowance under sub-paragraph (i), (ii), (ii)bis,<\/em> (iii) or (v) shall not exceed for any one year such portion of the amount of the premium or consideration so paid as is equal to the said amount divided by the number of years for which the taxpayer is entitled to the use or occupation, or one twenty-fifth of the said amount, whichever is the greater;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 if the taxpayer is entitled to such use or occupation for an indefinite period, or if, in the case of any such right of use or occupation granted under an agreement concluded on or after 1 July 1983, the taxpayer or the person by whom such right of use or occupation was granted holds a right or option to extend or renew the original period of such use or occupation, he shall be deemed, for the purposes of this paragraph, to be entitled to such use or occupation for the period of the probable duration of such use or occupation; and<\/span><\/p>\n

[Item (bb) substituted by section 10 of Act 94 of 1983 and section 18 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 the allowance under sub-paragraph (iv) shall not exceed for any one year such portion (not being less than one twenty-fifth) of the amount of the premium or consideration so paid as may be determined having regard to the period during which the taxpayer will enjoy the right to use such film, sound recording, advertising matter, patent, design, trade mark, copyright or other property as aforesaid and any other circumstances which are relevant;<\/span><\/p>\n

[Item (cc) amended by section 9 of Act 90 of 1962 and substituted by section 18 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 the provisions of this paragraph shall not apply in relation to any such premium or consideration paid by the taxpayer which does not for the purposes of this Act constitute income of the person to whom it is paid, unless such premium or consideration is paid in respect of a right of use of a line or cable-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 used for the transmission of electronic communications; and<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 substantially the whole of which is located outside the territorial waters of the Republic,<\/span><\/p>\n

<\/p>\n

where the term of the right of use is 10 years or more;<\/p>\n

[Words following subparagraph (B) substituted by section 18 of Act 25 of 2015 and\u00a0section 25 of Act 23 of 2018\u00a0effective on 1 April 2019]<\/span><\/p>\n

[Item (dd) added by section 11 of Act 121 of 1984 and substituted by section 14 of Act 17 of 2009]<\/span><\/span><\/p>\n


<\/span><\/span><\/p>\n

(ee)\u00a0\u00a0 the allowance under subparagraph (vi) shall not exceed for any one year such portion of the amount of the premium or consideration so paid as is equal to the said amount divided by the number of years for which the taxpayer is entitled to the use or occupation, or one tenth of the said amount, whichever is the greater;<\/span><\/p>\n

[Paragraph (ee) added by section 25 of Act 23 of 2018 effective on 1 April 2019]<\/span><\/p>\n","post_title":"Section 11(f) of ITA","collection_order":355,"collection":597,"post_modified":"2021-04-06 13:31:50","post_date":"2015-04-14 14:27:39"},{"ID":"644","post_content":"

(g)\u00a0\u00a0\u00a0\u00a0 an allowance in respect of any expenditure actually incurred by the taxpayer, in pursuance of an obligation to effect improvements on land or to buildings, incurred under an agreement whereby the right of use or occupation of the land or buildings is granted by any other person, where the land or buildings are used or occupied for the production of income or income is derived therefrom: Provided that \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the aggregate of the allowances under this paragraph shall not exceed the amount stipulated in the agreement as the value of the improvements or as the amount to be expended on the improvements or, if no amount is so stipulated, an amount representing the fair and reasonable value of the improvements;<\/span><\/p>\n

[Subparagraph (i) substituted by section 18 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any such allowance shall not exceed for any one year such portion of the aggregate of the allowances under this paragraph as is equal to the said aggregate divided by the number of years (calculated from the date on which the improvements are completed, but not more than 25 years) for which the taxpayer is entitled to the use or occupation;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 if-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the taxpayer is entitled to such use or occupation for an indefinite period; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the taxpayer or the person by whom such right of use or occupation was granted holds a right or option to extend or renew the original period of such use or occupation, the taxpayer shall for the purposes of this paragraph be deemed to be entitled to such use or occupation for such period as represents the probable duration of such use or occupation;<\/span><\/p>\n

[Subparagraph (iii) substituted by section 19 of Act 7 of 2010 and section 18 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 the aggregate of the allowances under this paragraph in respect of any building or improvements referred to in section 13<\/a>(1) or 27<\/a>(2)(b) shall not exceed the cost (after the deduction of any amount which has been set off against the cost of such building or improvements under section 13<\/a>(3) or section 27<\/a>(4)) to the taxpayer of such building or improvements less the aggregate of the allowances in respect of such building or improvements made to the taxpayer under the said section 13<\/a>(1) or 27<\/a>(2)(b) or the corresponding provisions of any previous Income Tax Act;<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 the provisions of this paragraph shall not apply in relation to any such expenditure incurred if the value of such improvements or the amount to be expended on such improvements, as contemplated in paragraph (h) of the definition of \u201cgross income\u201d in section 1<\/a>, does not for the purposes of this Act constitute income of the person to whom the right to have such improvements effected has accrued;<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0 if during any year of assessment the agreement whereby the right of use or occupation of the land or buildings is granted is terminated before expiry of the period to which that taxpayer was entitled to the use or occupation, as contemplated in paragraph (ii) or (iii), so much of the allowance which may be allowed under this paragraph, which has not yet been allowed in that year or any previous year of assessment, shall be allowable as a deduction in that year of assessment;<\/span><\/p>\n","post_title":"Section 11(g) of ITA","collection_order":356,"collection":597,"post_modified":"2018-12-01 21:27:38","post_date":"2015-10-15 12:14:55"},{"ID":"646","post_content":"

(gA)\u00a0\u00a0 an allowance in respect of any expenditure (other than expenditure which has qualified in whole or part for deduction or allowance under any of the other provisions of this section or the corresponding provisions of any previous Income Tax Act) actually incurred by the taxpayer \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in devising or developing any invention as defined in the Patents Act or in creating or producing any design as defined in the Designs Act or any trade mark as defined in the Trade Marks Act or any copyright as defined in the Copyright Act or any other property which is of a similar nature;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in obtaining any patent or the restoration of any patent under the Patents Act or the registration of any design under the Designs Act or the registration of any trade mark under the Trade Marks Act or under similar laws of any other country; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 in acquiring by assignment from any other person any such patent, design, trade mark or copyright or in acquiring any other property of a similar nature or any knowledge essential to the use of such patent, design, trade mark, copyright or other property or the right to have such knowledge imparted,<\/span><\/p>\n

<\/p>\n

if such invention, patent, design, trade mark, copyright, other property or knowledge, as the case may be, is used by the taxpayer in the production of his income: Provided that \u2013<\/em><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 where such expenditure exceeds R5 000, and was incurred \u2013<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 before 29 October 1999, the allowance shall not exceed for any one year such portion of the amount of the expenditure as is equal to such amount divided by the number of years, which represents the probable duration of use of the invention, patent, design, trade mark, copyright, other property or knowledge, or four per cent of the said amount, whichever is the greater;<\/span><\/p>\n

[Subitem (A) substituted by section 18 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 on or after 29 October 1999, the allowance shall not for any one year exceed an amount equal to \u2013<\/em><\/span><\/p>\n

<\/p>\n

(AA)\u00a0 five per cent of the amount of the expenditure in the case of any invention, patent, trade mark, copyright or other property of a similar nature or any knowledge essential to the use of such invention, patent, trade mark, copyright or other property or the right to have such knowledge imparted; or<\/span><\/p>\n

<\/p>\n

(BB)\u00a0 10 per cent of the amount of the expenditure in the case of any design or other property of a similar nature or any knowledge essential to the use of such design or other property or the right to have such knowledge imparted;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 where such expenditure was incurred before the commencement of the year of assessment in question the allowance shall be calculated on the amount of such expenditure, less an amount equivalent to the sum of the allowances to which the taxpayer was entitled under this paragraph and the allowances to which the taxpayer would have been entitled under this paragraph if this paragraph had been applicable, in respect of such expenditure in respect of previous years of assessment, including any year of assessment under any previous Income Tax Act;<\/span><\/p>\n

[Item (bb) substituted by section 10 of Act 94 of 1983 and section 18 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 no allowance shall be made in respect of any such invention, patent, design, trade mark, copyright or other property or knowledge so acquired or obtained by the taxpayer on or after 24 June 1988, but prior to 1 July 1993 from any other person who is a resident of the Republic or who is ordinarily resident in a neighbouring country (or, in the case of a company, is incorporated or has its place of effective management in a neighbouring country), if \u2013<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 the taxpayer or such other person is a company and such other person or the taxpayer, as the case may be, is interested in more than 50 per cent of any class of shares issued by such company, whether directly as a holder of shares in that company or indirectly as a holder of shares in any other company; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 both the taxpayer and such other person are companies and any third person is interested in more than 50 per cent of any class of shares issued by one of those companies and in more than 50 per cent of any class of shares issued by the other company, whether directly as a holder of shares in the company by which the shares in question were issued or indirectly as a holder of shares in any other company;<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 where any such invention, patent, design, trade mark, copyright or other property or knowledge was so acquired or obtained by the taxpayer on or after 1 July 1993 from any other person who is a resident of the Republic or who is ordinarily resient in a neighbouring country (or, in the case of a company, is incorporated or has its place of effective management in a neighbouring country), and who is a connected person in relation to the taxpayer, the allowance under this paragraph shall be calculated on an amount not exceeding the lesser of the cost of such invention, patent, design, trade mark, copyright or other property or knowledge to such connected person or the market value thereof as determined on the date upon which such invention, patent, design, trade mark, copyright or other property or knowledge was acquired or obtained by the taxpayer;<\/span><\/p>\n

<\/p>\n

(ee)\u00a0\u00a0\u00a0 no allowance shall be made in respect of any expenditure incurred by such taxpayer on or after 29 October 1999, in respect of the acquisition from any other person of any trade mark or other property of a similar nature or any knowledge essential to the use of such trade mark or the right to have such knowledge imparted;<\/span><\/p>\n

<\/p>\n

(ff)\u00a0\u00a0\u00a0 no deduction shall be allowed under this paragraph in respect of any expenditure incurred by the taxpayer during any year of assessment commencing on or after 1 January 2004;<\/span><\/p>\n","post_title":"Section 11(gA) of ITA","collection_order":357,"collection":597,"post_modified":"2018-12-01 21:27:29","post_date":"2015-10-15 12:14:55"},{"ID":"648","post_content":"

(gB) \u00a0expenditure (other than expenditure which has qualified in whole or in part for deduction or allowance under any of the other provisions of this section) actually incurred by the taxpayer during the year of assessment in obtaining the grant of any patent or the restoration of any patent, or the extension of the term of any patent under the Patents Act or the registration of any design, or the extension of the registration period of any design under the Designs Act or the registration of any trade mark, or the renewal of the registration of any trade mark under the Trade Marks Act or under similar laws of any other country, if such patent, design, or trade mark is used by the taxpayer in the production of his or her income;<\/span><\/p>\n","post_title":"Section 11(gB) of ITA","collection_order":358,"collection":597,"post_modified":"2018-12-01 21:27:19","post_date":"2015-10-15 12:14:55"},{"ID":"650","post_content":"

(gC) \u00a0an allowance in respect of any expenditure actually incurred by the taxpayer during any year of assessment commencing on or after 1 January 2004 to acquire (otherwise than by way of devising, developing or creating) any-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 invention or patent as defined in the Patents Act;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 design as defined in the Designs Act;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 copyright as defined in the Copyright Act;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 other property which is of a similar nature (other than Trade Marks as defined in the Trade Marks Act); or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 knowledge essential to the use of such patent, design, copyright or other property or the right to have such knowledge imparted,<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

which shall be allowed during the year of assessment in which that invention, patent, design, copyright, other property or knowledge is brought into use for the first time by the taxpayer for the purposes of the taxpayer\u2019s trade, if that invention, patent, design, copyright, other property or knowledge, as the case may be, is used by the taxpayer in the production of his or her income: Provided that-<\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 where that expenditure actually incurred by the taxpayer exceeds R5 000, that allowance shall not exceed in any year of assessment-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(A)\u00a0\u00a0\u00a0 five per cent of the amount of the expenditure in respect of any invention, patent, copyright or other property of a similar nature or any knowledge essential to the use of such invention, patent, copyright or other property or the right to have such knowledge imparted; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(B) \u00a0 \u00a010 per cent of the amount of the expenditure in respect of any design or other property of a similar nature or any knowledge essential to the use of such design or other property or the right to have such knowledge imparted;<\/span><\/p>\n","post_title":"Section 11(gC) of ITA","collection_order":359,"collection":597,"post_modified":"2018-12-01 21:27:09","post_date":"2015-10-15 12:14:55"},{"ID":"652","post_content":"

(gD) \u00a0where that trade constitutes the provision of telecommunication services, the exploration, production or distribution of petroleum or the provision of gambling facilities, any expenditure (other than in respect of infrastructure) incurred to acquire a licence from the government of the Republic in the national, provincial or local sphere, contemplated in section 10<\/a>(1)(a) or (b), or an institution or entity contemplated in Schedule 1 or Part A or C<\/a> of Schedule 3 to the Public Finance Management Act where that expenditure is incurred in terms of the licence and the licence is required to carry on that trade, which deduction must not exceed for any one year such portion of the expenditure as is equal to the amount of the expenditure divided by the number of years for which the taxpayer has the right to the licence after the date on which the expenditure was incurred, or 30, whichever is the lesser;<\/span><\/p>\n","post_title":"Section 11(gD) of ITA","collection_order":360,"collection":597,"post_modified":"2018-12-01 21:27:00","post_date":"2015-10-15 12:14:55"},{"ID":"654","post_content":"

(h)\u00a0\u00a0\u00a0\u00a0 such allowance in respect of amounts included in the taxpayer\u2019s gross income under paragraph (g) or paragraph (h) of the definition of \u201cgross income\u201d in section 1<\/a> as the Commissioner may deem reasonable having regard to any special circumstances of the case and, in the case of an amount so included under the said paragraph (h), to the original period for which the right of use or occupation was granted or, in the case of any amount so included under the said paragraph (h) in consequence of an agreement concluded on or after 1 July 1983, to the number of years taken into account in the determination of the relevant allowance granted to any other person under the provisions of paragraph (g) of this section: Provided that where there has on or after the twenty\u2013<\/em>ninth day of March, 1972, accrued to the taxpayer the right to have improvements effected on land or to buildings by any other person and an amount is required to be included in the taxpayer\u2019s gross income under the said paragraph (h) with respect to such improvements, no allowance shall be made to the taxpayer under this paragraph in respect of such amount, if \u2013<\/em><\/span><\/em><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the taxpayer or such other person is a company and such other person or the taxpayer, as the case may be, is interested in more than 50 per cent of any class of shares issued by such company, whether directly as a holder of shares in that company or indirectly as a holder of shares in any other company; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 both the taxpayer and such other person are companies and any third person is interested in more than 50 per cent of any class of shares issued by one of those companies and in more than 50 per cent of any class of shares issued by the other company, whether directly as a holder of shares in the company by which the shares in question were issued or indirectly as a holder of shares in any other company;<\/span><\/p>\n","post_title":"Section 11(h) of ITA","collection_order":361,"collection":597,"post_modified":"2018-12-01 21:26:51","post_date":"2015-10-15 12:14:55"},{"ID":"656","post_content":"

(hB) \u00a0an allowance in respect of expenditure actually incurred and paid in the production of income to discharge all consideration, royalties or compensation otherwise payable to a community or natural person in respect of any existing consideration, contractual royalty, future consideration or compensation that accrued to that community or natural person as contemplated in Item 11 of Schedule II of the Petroleum Resources Development Act, 2002 (Act No. 28 of 2002): Provided that for any year of assessment, the allowance shall not exceed an amount equal to the expenditure incurred and paid divided by the number of years for which all consideration, royalties or compensation otherwise payable has been discharged;<\/span><\/p>\n","post_title":"Section 11(hB) of ITA","collection_order":362,"collection":597,"post_modified":"2018-12-01 21:26:41","post_date":"2015-10-15 12:14:55"},{"ID":"658","post_content":"

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the amount of any debt due to the taxpayer which has during the year of assessment become bad, provided such amount is included in the current year of assessment or was included in previous years of assessment in the taxpayer\u2019s income;<\/span><\/p>\n

[Paragraph (i)\u00a0substituted by\u00a0section 14(1)(d)\u00a0of\u00a0Act 89 of 1969, by\u00a0section 10(1)(g)\u00a0of\u00a0Act 94 of 1983, by\u00a0section 9(1)(e)\u00a0of\u00a0Act 113 of 1993, by\u00a0section\u00a022(1)(b)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and by\u00a0section\u00a017(1)(a)\u00a0of\u00a0Act\u00a043 of 2014]<\/span><\/p>\n","post_title":"Section 11(i) of ITA","collection_order":363,"collection":597,"post_modified":"2021-04-07 18:12:05","post_date":"2015-10-15 12:14:55"},{"ID":"660","post_content":"

(<\/span>j)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0an allowance in respect of any debt due to the taxpayer, if that debt would have been allowed as a deduction under any other provision of this Part had that debt become bad, of an amount equal to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0if IFRS 9 is applied to that debt by that person for financial reporting purposes, other than in respect of lease receivables as defined in IFRS 9 that have not been included in income, the sum of-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a040 per cent of the aggregate of-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 the loss allowance relating to impairment that is measured at an amount equal to the lifetime expected credit loss, as contemplated in IFRS 9, in respect of debt; and<\/span><\/p>\n

[Sub-item (A) substituted by\u00a0section 13(1)(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 28\u00a0October, 2020 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 the amounts of debts included in the income of the taxpayer in the current or any previous year of assessment that are disclosed as bad debt written off for financial reporting purposes and that have not been allowed as a deduction under\u00a0section 11(a)<\/a>\u00a0or\u00a0(i)<\/a>\u00a0for the current or any previous year of assessment; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 25 per cent of the loss allowance relating to impairment, as contemplated in IFRS 9, in respect of debt other than in respect of debt taken into account under item (aa); or<\/span><\/p>\n

[Subparagraph (i)\u00a0amended by\u00a0section 13(1)(a)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 28\u00a0October, 2020 and applicable in respect of years of assessment commencing on or after that date.\u00a0Item (bb)\u00a0substituted by\u00a0section 13(1)(c)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 28\u00a0October, 2020 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0if IFRS 9 is not applied to that debt by that person for financial reporting purposes, the sum of-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0 40 per cent of so much of any debt, other than a debt contemplated in subparagraph (i), due to the taxpayer, if that debt is 120 days or more in arrears, after taking into account the value of any security in respect of that debt; and<\/span><\/p>\n

[Item (aa)\u00a0substituted by\u00a0section 13(1)(d)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a025 per cent of so much of any debt, other than a debt contemplated in subparagraph (i) or item (aa), due to the taxpayer, if that debt is 60 days or more in arrears, after taking into account the value of any security in respect of that debt:<\/span><\/p>\n

[Item (bb)\u00a0substituted by\u00a0section 13(1)(d)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

Provided that an allowance under this paragraph must be included in the income of the taxpayer in the following year of assessment: Provided further that the Commissioner may, on application by a taxpayer, issue a directive that the percentage contemplated in subparagraph (i)(aa) or (ii)(aa) may be increased, to a percentage not exceeding 85 per cent after taking into account-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the history of a debt owed to that taxpayer, including the number of repayments not met, and the duration of the debt;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 steps taken to enforce repayment of the debt;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the likelihood of the debt being recovered;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any security available in respect of that debt;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the criteria applied by the taxpayer in classifying debt as bad; and<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 such other considerations as the Commissioner may deem relevant;<\/span><\/p>\n

[Paragraph (j) substituted by section 14(1)(e) of Act 89 of 1969, amended by section 10(1)(h) of Act 94 of 1983 and by section 18(c) of Act 31 of 2005 and substituted by section 22(1)(b) of Act 22 of 2012, by section 25(1)(e) of Act 23 of 2018 and by section 15(1)(a) of Act 34 of 2019]<\/span><\/p>\n","post_title":"Section 11(j) of ITA","collection_order":364,"collection":597,"post_modified":"2023-01-21 21:24:31","post_date":"2015-10-15 12:14:55"},{"ID":"12773","post_content":"

(jA)\u00a0\u00a0\u00a0notwithstanding paragraph (j), an allowance equal to 25 per cent of the loss allowance relating to impairment, as contemplated in IFRS 9, other than in respect of lease receivables as defined in IFRS 9 that have not been included in income, if the person is a covered person, other than a person that is a controlling company as defined in the Banks Act, as determined by applying the criteria in paragraphs (c)(i) to (iii) and (d) of the definition of \u201ccovered person\u201d in section 24JB<\/a>(1): Provided that the allowance must be increased-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to 85 per cent of so much of that loss allowance relating to impairment as is equal to the amount that is in default, as determined by applying to any credit exposure, including any retail exposure, the criteria in paragraphs (a)(ii) to (vi) and (b) of the definition of \u2018default\u2019 as defined in Regulation 67 of the regulations issued in terms of section 90 of the Banks Act (contained in Government Notice No. R.1029 published in Government Gazette<\/em> No. 35950 of 12 December 2012); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 to 40 per cent of so much of that loss allowance relating to impairment as is equal to the difference between-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the amount of the loss allowance relating to impairment that is measured at an amount equal to the lifetime expected credit losses; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the amount that is in default as determined under paragraph (a):<\/span><\/p>\n

<\/p>\n

Provided further that the allowance must be included in the income of that person in the following year of assessment: Provided further that the loss allowance relating to impairment must exclude any loss allowance in respect of a financial asset that would not be allowed to be deducted under\u00a0paragraph (a)\u00a0or\u00a0(i)\u00a0if it became bad;<\/p>\n

[Paragraph (jA)\u00a0inserted by\u00a0section 19(1)(a)\u00a0of\u00a0Act 17 of 2017\u00a0and amended by\u00a0section 25(1)(f)\u00a0of\u00a0Act 23 of 2018, by\u00a0section 15(1)(b)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and by\u00a0section 13(1)(e)\u00a0and\u00a0(f)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 28\u00a0October, 2020 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Section 11(jA) of ITA","collection_order":365,"collection":597,"post_modified":"2023-01-21 21:24:40","post_date":"2018-01-21 20:38:54"},{"ID":"662","post_content":"

(k) \u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (k) amended by section 8 of Act 72 of 1963, substituted by section 12 of Act 55 of 1966, section 9 of Act 65 of 1973, section 9 of Act 69 of 1975 and section 9 of Act 113 of 1977, amended by section 5 of Act 101 of 1978, section 8 of Act 104 of 1979, section 9 of Act 96 of 1981, section 10 of Act 94 of 1983, section 11 of Act 121 of 1984, section 30 of Act 30 of 1998, section 18 of Act 31 of 2005, section 2 of Act 8 of 2007, section 1 of Act 3 of 2008, section 10 of Act 3 of 2008, section 14 of Act 17 of 2009, substituted by section 27(1)(k) of Act 31 of 2013 (substitution by and date of operation in terms of section 27(1)(k) of Act 31 of 2013 substituted by section 122(1)(a) and (b) of Act 43 of 2014), amended by section 2 of Act 2 of 2016 and section 26 of Act 15 of 2016 and deleted by section 19 of Act 17 of 2017 effective on 1 March 2016]<\/span><\/p>\n","post_title":"Section 11(k) of ITA","collection_order":366,"collection":597,"post_modified":"2021-01-02 21:42:30","post_date":"2015-10-15 12:14:55"},{"ID":"664","post_content":"

(l)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount contributed by a person that is an employer during the year of assessment for the benefit of or on behalf of any employee or former employee of the employer or for any dependant or nominee of a deceased employee or former employee of that employer to any pension fund, provident fund or retirement annuity fund in terms of the rules of that fund: Provided that for the purposes of this paragraph a partner in a partnership must be deemed to be an employee of the partnership and a partnership must be deemed to be the employer of the partners in that partnership;<\/span><\/p>\n

[Paragraph (l) substituted by section 8 of Act 104 of 1979, amended by section 30 of Act 30 of 1998, section 10 of Act 94 of 1983, section 10 of Act 3 of 2008 and section 271 of Act 28 of 2011 and substituted by section 27(1)(l) of Act 31 of 2013 effective on 1 March 2016 (Date of operation in section 27(1)(l) of Act 31 of 2013 as substituted by section 122(1)(b) of Act 43 of 2014) and section 25 of Act 23 of 2018 effective on 1 March 2018]<\/span><\/p>\n","post_title":"Section 11(l) of ITA","collection_order":367,"collection":597,"post_modified":"2020-05-27 19:30:53","post_date":"2015-10-15 12:14:55"},{"ID":"666","post_content":"

(lA)\u00a0\u00a0 an amount equal to the market value of any qualifying equity share granted to an employee of that person as contemplated in section 8B<\/a>, as determined on the date of grant as defined in that section less any consideration given by that employee for that qualifying equity share, which applies in lieu of any other deduction which may otherwise be allowed to that person or any other person in respect of the granting of that share: Provided that the deduction under this paragraph may not during any year of assessment in aggregate exceed an amount of R10 000 in respect of all qualifying equity shares granted to a single employee and so much as exceeds that amount may be carried forward to the immediately succeeding year of assessment and that excess is deemed to be the market value of qualifying equity shares granted to the relevant employee during that immediately succeeding year for purposes of this paragraph;<\/span><\/p>\n","post_title":"Section 11(lA) of ITA","collection_order":368,"collection":597,"post_modified":"2018-12-01 21:25:43","post_date":"2015-10-15 12:14:55"},{"ID":"668","post_content":"

(m)\u00a0\u00a0\u00a0 any amount paid by way of annuity during the year of assessment by any taxpayer \u2013<\/em><\/span><\/em><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 to a former employee who has retired from the taxpayer\u2019s employ on grounds of old age, ill health or infirmity; or<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 to a person who was for a period of at least five years a partner in an undertaking carried on by the taxpayer and who retired from the partnership in respect of that undertaking on grounds of old age, ill health or infirmity, provided that the amount so paid to such person is reasonable, having regard to the services rendered by such person as a partner in such undertaking prior to his retirement and the profits made in such undertaking, and that the said amount does not represent consideration payable to such person in respect of his interest in the partnership; or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 to any person who is dependent for his maintenance upon a former employee or a former partner in an undertaking carried on by the taxpayer or (where such former employee or former partner is deceased) was so dependent immediately prior to his death;<\/span><\/p>\n","post_title":"Section 11(m) of ITA","collection_order":369,"collection":597,"post_modified":"2018-12-01 21:30:39","post_date":"2015-10-15 12:14:54"},{"ID":"670","post_content":"

(n)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (n) amended by section 8 of Act 72 of 1963, substituted by section 12 of Act 55 of 1966 and section 9 of Act 76 of 1968, amended by section 9 of Act 65 of 1973 and section 9 of Act 69 of 1975, substituted by section 9 of Act 113 of 1977, amended by section 5 of Act 101 of 1978, section 8 of Act 104 of 1979, section 7 of Act 91 of 1982, section 10 of Act 94 of 1983, section 11 of Act 121 of 1984, section 8 of Act 90 of 1988, section 8 of Act 70 of 1989, section 11 of Act 101 of 1990, section 11 of Act 141 of 1992, section 9 of Act 113 of 1993, section 12 of Act 21 of 1995, section 20 of Act 53 of 1999, section 2 and section 11 of Act 8 of 2007, section 1 and section 10 of Act 3 of 2008, section 18 of Act 60 of 2008 and substituted by section 14 of Act 17 of 2009, amended by section 30 of Act 24 of 2011, deleted by section 27(1)(m) of Act 31 of 2013 effective on 1 March 2016, operation date specified in section 27(1)(m) of Act 31 of 2013 as substituted by section 122(1)(b) of Act 43 of 2014]<\/span><\/p>\n","post_title":"Section 11(n) of ITA","collection_order":370,"collection":597,"post_modified":"2018-12-01 21:30:20","post_date":"2015-10-15 12:14:54"},{"ID":"672","post_content":"

(nA)\u00a0 so much of any amount, including any voluntary award, received or accrued in respect of services rendered or to be rendered or any amount received or accrued in respect of or by virtue of any employment or the holding of any office as was included in the taxable income of that person and is refunded by that person;<\/span><\/p>\n","post_title":"Section 11(nA) of ITA","collection_order":371,"collection":597,"post_modified":"2018-12-01 21:30:56","post_date":"2015-04-14 14:39:16"},{"ID":"674","post_content":"

(nB)\u00a0\u00a0so much of any amount contemplated in paragraph (cA) or (cB) of the definition of \u2018gross income\u2019 received by or accrued to any person as is refunded by that person;<\/span><\/p>\n

[Paragraph (nB) inserted by section 18 of Act 60 of 2008 and substituted by section 25 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Section 11(nB) of ITA","collection_order":372,"collection":597,"post_modified":"2020-05-27 19:30:58","post_date":"2015-10-15 12:14:54"},{"ID":"676","post_content":"

(o)\u00a0\u00a0\u00a0\u00a0 at the election of the taxpayer, an amount by which the cost to that taxpayer of any depreciable asset-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0which qualified for an allowance or deduction in terms of section 11(e)<\/a>, 11D<\/a>, 12B<\/a>, 12BA<\/a>, 12C<\/a>, 12DA<\/a>, 12E<\/a> or 37B<\/a>(2)(a); and<\/span><\/span><\/p>\n

[Subparagraph (i)\u00a0substituted by\u00a0section\u00a011(1)(o)\u00a0of\u00a0Act\u00a08 of 2007, by\u00a0section\u00a017(1)(d)\u00a0of\u00a0Act\u00a035 of 2007, by\u00a0section\u00a025(1)(i)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section 11(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after 1 March, 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the expected useful life of which for tax purposes did not exceed ten years as determined on the date of original acquisition,<\/span><\/p>\n

\u00a0<\/p>\n

exceeds the sum of the amount received or accrued from the alienation, loss or destruction, of that asset and the amount of any allowance or deduction allowed in respect of that asset in that year or any previous year of assessment or which was deemed to have been allowed in terms of section 12B<\/a>(4B), 12C<\/a>(4A), 12DA<\/a>(4) or 37B<\/a>(4) or taken into account in terms of section 11<\/a>(e)(ix), as the case may be:<\/p>\n

\u00a0<\/p>\n

Provided that for the purposes of this paragraph-<\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 the cost of any plant, machinery, implements, utensils or articles shall be deemed to be the actual cost plus the amount by which the value of such plant, machinery, implements, utensils or articles has been increased in terms of paragraph (v) of the proviso to paragraph (e);<\/span><\/p>\n

[Paragraph (aa) substituted by section 9 of Act 16 of 2004 and section 18 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 the actual cost of any plant, machinery, implement, utensil or article acquired by the taxpayer on or after 15 March 1984 shall be deemed to be the cost of that plant, machinery, implement, utensil or article as determined under paragraph (vii) of the proviso to paragraph (e);<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (cc) deleted by section 18 of Act 25 of 2015 effecive on 8 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(dd)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (dd) amended by section 17 of Act 35 of <\/span>2007 and deleted by section 18 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

Provided further that no election may be made in terms of this paragraph by the taxpayer if the amount received or accrued from the alienation, loss or destruction of the asset was received or accrued from a person that is a connected person in relation to the taxpayer;<\/p>\n

\u00a0<\/p>\n

(p)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(q)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(r)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(s)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(t)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(u)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Section 11(o) of ITA","collection_order":373,"collection":597,"post_modified":"2024-01-10 21:41:40","post_date":"2015-10-15 12:14:54"},{"ID":"678","post_content":"

(w)\u00a0\u00a0\u00a0\u00a0expenditure incurred by a taxpayer in respect of any premiums payable under a policy of insurance (other than a policy of insurance that relates to the death, disablement or illness of an employee or director of the taxpayer arising solely out of and in the course of employment of such employee or director) of which the taxpayer is the policyholder, where-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 22 of Act 22 of 2012 and section 19 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(i)<\/p>\n

<\/p>\n

(aa) \u00a0 the policy relates to the death, disablement or illness of an employee or director of the taxpayer; and<\/span><\/p>\n

[Item (aa) substituted by section 19 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the amount of expenditure incurred by the taxpayer in respect of the premiums payable under the policy is deemed to be a taxable benefit granted to an employee or director of the taxpayer in terms of paragraph 2<\/a>(k) of the Seventh Schedule<\/a>; or<\/span><\/p>\n

<\/p>\n

(ii)<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0the taxpayer is insured against any loss by reason of the death, disablement or illness of an employee or director of the taxpayer;<\/span><\/p>\n

[Item (aa) substituted by section 19 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the policy is a risk policy with no cash value or surrender value;<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 the policy is not the property of any person other than the taxpayer at the time of the payment of the premium;<\/span><\/p>\n

\u00a0[Paragraph (cc) substituted by section 17 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 in respect of any policy entered into-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 on or after 1 March 2012, the policy agreement states that this paragraph applies in respect of premiums payable under that policy; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 before 1 March 2012, it is stated in an addendum to the policy agreement by no later than 31 August 2012 that this paragraph applies in respect of premiums payable under that policy;<\/span><\/p>\n","post_title":"Section 11(w) of ITA","collection_order":374,"collection":597,"post_modified":"2019-06-19 11:00:56","post_date":"2015-10-15 12:14:54"},{"ID":"680","post_content":"

(x)\u00a0\u00a0\u00a0\u00a0 any amounts which in terms of any other provision in this Part, are allowed to be deducted from the income of the taxpayer.<\/span><\/p>\n","post_title":"Section 11(x) of ITA","collection_order":375,"collection":597,"post_modified":"2018-12-01 21:29:10","post_date":"2015-10-15 12:14:54"},{"ID":"682","post_content":"

11A. \u00a0Deductions in respect of expenditure and losses incurred prior to commencement of trade<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For purposes of determining the taxable income derived during any year of assessment by a person from carrying on any trade, there shall be allowed as a deduction from the income so derived, any expenditure and losses-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 actually incurred by that person prior to the commencement of and in preparation for carrying on that trade;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 which would have been allowed as a deduction in terms of section 11<\/a> (other than section 11(x)), 11D<\/a> or 24J<\/a> had the expenditure or losses been incurred after that person commenced carrying on that trade; and<\/span><\/p>\n

[Paragraph (b) substituted by section 15 of Act 17 of 2009 and section 20 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 which were not allowed as a deduction in that year or any previous year of assessment.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 So much of the expenditure and losses contemplated in subsection (1) as exceeds the income derived during the year of assessment from carrying on that trade after deduction of any amounts allowable in that year of assessment in terms of any other provision of this Act, shall not be set off against any income of that person which is derived otherwise than from carrying on that trade, notwithstanding section 20<\/a>(1)(b).<\/span><\/p>\n

\u00a0<\/span><\/p>\n

11B. \u2026\u2026\u2026<\/span><\/strong><\/p>\n

\u00a0<\/span><\/p>\n

11C. \u2026\u2026\u2026<\/span><\/strong><\/p>\n","post_title":"Section 11A (ITA) - Deductions in respect of expenditure and losses incurred prior to commencement of trade","collection_order":376,"collection":597,"post_modified":"2019-06-19 11:01:06","post_date":"2015-10-15 12:14:54"},{"ID":"685","post_content":"

11D. \u00a0 \u00a0 Deductions in respect of scientific or technological research and development<\/span><\/strong><\/p>\n","post_title":"Section 11D (ITA) - Deductions in respect of scientific or technological research and development","collection_order":377,"collection":597,"post_modified":"2019-02-09 22:13:16","post_date":"2015-10-15 12:14:54"},{"ID":"688","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this section \u201cscientific or technological research and development\u201d\u00a0<\/strong>means systematic investigative or systematic experimental activities aimed at resolving scientific or technological uncertainty and the resolution of which is not readily deducible by a person skilled in the relevant scientific or technological field for the purpose of\u2014<\/span><\/span><\/p>\n


<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0discovering new scientific or technological knowledge;<\/span><\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section 12(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0creating or developing new or significantly improved products, processes or services;<\/span><\/span><\/p>\n

[Paragraph (b)\u00a0amended by\u00a0section\u00a018(1)(a)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and substituted by\u00a0section 12(1)(c)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0. . . . . . <\/span><\/span><\/p>\n

[Paragraph (c)\u00a0amended by\u00a0section\u00a018(1)(b)\u00a0of\u00a0Act\u00a043 of 2014(effective date in\u00a0section\u00a018(3)\u00a0of\u00a0Act\u00a043 of 2014\u00a0as substituted\u00a0section\u00a064(1)\u00a0of\u00a0Act\u00a017 of 2023) and deleted by\u00a0section 12(1)(d)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0creating or developing a multisource pharmaceutical product, as defined in the World Health Organisation Technical Report Series, No. 937, 2006 Annex 7 Multisource (generic) pharmaceutical products: guidelines on registration requirements to establish interchangeability issued by the World Health Organisation, conforming to Regulation 344 of 23 April 2015 and any requirements as must be prescribed by regulations made by the Minister after consultation with the Minister of Higher Education, Science and Innovation; or<\/span><\/span><\/p>\n

[Paragraph (d)\u00a0inserted by\u00a0section\u00a018(1)(c)\u00a0of\u00a0Act\u00a043 of 2014(effective date in\u00a0section\u00a018(3)\u00a0of\u00a0Act\u00a043 of 2014\u00a0as substituted\u00a0section\u00a064(1)\u00a0of\u00a0Act\u00a017 of 2023) and substituted by\u00a0section 12(1)(e)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0conducting a clinical trial as defined in Appendix F of the Guidelines for good practice in the conduct of clinical trials with human participants in South Africa issued by the Department of Health (2006), conforming to Regulation 346 of 23 April 2015 and any requirements as must be prescribed by regulations made by the Minister after consultation with the Minister of Higher Education, Science and Innovation;<\/span><\/span><\/p>\n

[Paragraph (e)\u00a0inserted by\u00a0section\u00a018(1)(c)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and substituted by\u00a0section 12(1)(f)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

Provided that for the purposes of this definition, \u201cscientific or technological research and development\u201d does not include activities for the purpose of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 routine testing, analysis, collection of information or quality control in the normal course of business;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0. . . . . . <\/span><\/span><\/p>\n

[Paragraph (b)\u00a0amended by\u00a0section 18(1)(a)\u00a0of\u00a0Act 43 of 2014(effective date in\u00a0section\u00a018(2)\u00a0of\u00a0Act\u00a043 of 2014\u00a0as substituted\u00a0section\u00a064(1)\u00a0of\u00a0Act\u00a017 of 2023) and substituted by\u00a0section\u00a018(1)(d)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and deleted by\u00a0section 12(1)(h)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 market research, market testing or sales promotion;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 social science research, including the arts and humanities;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 oil and gas or mineral exploration or prospecting except research and development carried on to develop technology used for that exploration or prospecting;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 the creation or development of financial instruments or financial products;<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 the creation or enhancement of trademarks or goodwill; or<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 any expenditure contemplated in section 11(gB)<\/a> or (gC)<\/a>.<\/span><\/p>\n

[Subsection\u00a0(1)\u00a0substituted by\u00a0section\u00a013(1)(a)\u00a0of\u00a0Act\u00a08 of 2007, amended by\u00a0section\u00a019(1)(a)\u00a0of\u00a0Act\u00a035 of 2007\u00a0and by\u00a0section\u00a019(1)\u00a0of\u00a0Act\u00a060 of 2008, substituted by\u00a0section\u00a032(1)\u00a0of\u00a0Act\u00a024 of 2011(effective date in\u00a0section\u00a032(2)\u00a0of\u00a0Act\u00a024 of 2011\u00a0as substituted\u00a0section\u00a0168(1)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and by\u00a0section\u00a057(1)\u00a0of\u00a0Act\u00a017 of 2023) and by\u00a0section\u00a029(1)(a)\u00a0of\u00a0Act\u00a031 of 2013(effective date in\u00a0section\u00a029(2)\u00a0of\u00a0Act\u00a031 of 2013\u00a0as substituted\u00a0section\u00a062(1)\u00a0of\u00a0Act\u00a017 of 2023) and amended by\u00a0section 12(1)(g)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n","post_title":"\"Research and development\" definition of section 11D of ITA","collection_order":378,"collection":597,"post_modified":"2024-01-10 21:50:14","post_date":"2015-10-15 12:14:54"},{"ID":"690","post_content":"

(2)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of determining the taxable income of a taxpayer that is a company in respect of any year of assessment there shall be allowed as a deduction from the income of that taxpayer an amount equal to 150 per cent of so much of any expenditure actually incurred by that taxpayer directly and solely in respect of the carrying on of scientific or technological research and development in the Republic if-<\/span><\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 18 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that expenditure is incurred in the production of income;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that expenditure is incurred in the carrying on of any trade;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0that scientific or technological research and development is approved in terms of subsection (9); and<\/span><\/span><\/p>\n

[Subparagraph (iii)\u00a0substituted by\u00a0section 12(1)(j)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0that expenditure is incurred within six months prior to or on or after the date of receipt of the application by the Department of Science and Innovation for approval of that scientific or technological research and development in terms of subsection (9).<\/span><\/span><\/p>\n

[Subparagraph (iv) substituted by section 12(1)(k) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/span><\/p>\n

[Paragraph (a) amended by section 18(1)(e) of Act 43 of 2014 (effective date in section 18(4) of Act 43 of 2014 as substituted section 64(1) of Act 17 of 2023) and by section 12(1)(i) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date] <\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 No deduction may be allowed under this subsection in respect of expenditure incurred in respect of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0immovable property, machinery, plant, implements, utensils or articles excluding any prototype or pilot plant created solely for the purpose of the process of scientific or technological research and development and that prototype or pilot plant is not intended to be utilised or is not utilised for production purposes after that scientific or technological research and development is completed;<\/span><\/span><\/p>\n

[Subparagraph (i)\u00a0substituted by\u00a0section 12(1)(l)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 financing, administration, compliance and similar costs.<\/span><\/p>\n

[Subsection (2) substituted by section 13(1)(b) of Act 8 of 2007, amended by section 11(a), (b) and (c) of Act 3 of 2008 and substituted by section 16 of Act 17 of 2009, by section 32(1) of Act 24 of 2011 (effective date in section 32(2) of Act 24 of 2011 as substituted section 168(1) of Act 22 of 2012 and by section 57(1) of Act 17 of 2023) and by section 29(1)(a) of Act 31 of 2013 with effect from 1 January, 2014 and applicable in respect of expenditure incurred in respect of research and development on or after that date (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023)]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (3) substituted by section 13(1)(b) of Act 8 of 2007, amended by section 19(1)(b) and (c) of Act 35 of 2007, substituted by section 16 of Act 17 of 2009, by section 32(1) of Act 24 of 2011 (effective date in section 32(2) of Act 24 of 2011 as substituted section 168(1) of Act 22 of 2012 and by section 57(1) of Act 17 of 2023) and deleted by section 29(1)(b) of Act 31 of 2013 with effect from 1 January, 2014 and applicable in respect of expenditure incurred in respect of research and development on or after that date (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023)]<\/span><\/span><\/p>\n

<\/p>\n

(4) \u00a0\u00a0\u00a0\u00a0Where any amount of expenditure is incurred by a taxpayer to fund expenditure of another person carrying on scientific or technological research and development on behalf of that taxpayer, the taxpayer may deduct an amount contemplated in subsection (2)\u2014<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0if that scientific or technological research and development is approved by the Minister of Higher Education, Science and Innovation in terms of subsection (9);<\/span><\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section 12(1)(n)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0if that expenditure is incurred in respect of scientific or technological research and development carried on by that taxpayer;<\/span><\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section 12(1)(o)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent that the other person carrying on the scientific or technological research and development is\u2014<\/span><\/span><\/p>\n

<\/p>\n

(i)<\/span><\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0an institution, board or body that is exempt from normal tax under section 10<\/a>(1)(cA); or<\/span><\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0the Council for Scientific and Industrial Research; or<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a company forming part of the same group of companies, as defined in section 41<\/a>, if the company that carries on the scientific or technological research and development does not claim a deduction under subsection (2); and<\/span><\/span><\/p>\n

[Paragraph (c) amended by section 29(1)(d) of Act 31 of 2013 (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023) and substituted by section 12(1)(p) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0if that expenditure is incurred within six months prior to or on or after the date of receipt of the application by the Department of Science and Innovation for approval of that scientific or technological research and development in terms of subsection (9).<\/span><\/p>\n

[Paragraph (d) substituted by section 12(1)(q) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/span><\/p>\n

[Subsection (4) substituted by section 16 of Act 17 of 2009, by section 32(1) of Act 24 of 2011 (effective date in section 32(2) of Act 24 of 2011 as substituted section 168(1) of Act 22 of 2012 and by section 57(1) of Act 17 of 2023), amended by section 29(1)(c) of Act 31 of 2013 (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023) and by section 12(1)(m) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date] <\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0Where a company funds expenditure incurred by another company contemplated in subsection (4)(c)(ii), any deduction under that subsection by the company that funds the expenditure must be limited to an amount of 150 per cent of the actual expenditure incurred directly and solely in respect of that scientific or technological research and development carried on by the other company that is being funded.<\/span><\/span><\/p>\n

[Subsection (5) amended by section 13(1)(c) of Act 8 of 2007 and substituted by section 32(1) of Act 24 of 2011 (effective date in section 32(2) of Act 24 of 2011 as substituted section 168(1) of Act 22 of 2012 and by section 57(1) of Act 17 of 2023), by section 18(1)(f) of Act 43 of 2014 (effective date in section 18(4) of Act 43 of 2014 as substituted section 64(1) of Act 17 of 2023) and by section 12(1)(r) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of subsections (2) and (4)-<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a person carries on scientific or technological research and development if that person may determine or alter the methodology of the research;<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0notwithstanding paragraph (a), certain categories of scientific or technological research and development designated by the Minister in Regulation 343 of 23 April 2015 or by notice in the Gazette are deemed to constitute the carrying on of scientific or technological research and development.<\/span><\/span><\/p>\n

[Subsection (6) substituted by section 13(1)(e) of Act 8 of 2007, by section 32(1) of Act 24 of 2011 (effective date in section 32(2) of Act 24 of 2011 as substituted section 168(1) of Act 22 of 2012 and by section 57(1) of Act 17 of 2023) and by section 29(1)(e) of Act 31 of 2013 (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023), amended by section 18(1)(g) of Act 43 of 2014 (effective date in section 18(3) of Act 43 of 2014 as substituted section 64(1) of Act 17 of 2023) and substituted by section 12(1)(s) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0Where any amount is received by or accrues to a taxpayer from-<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a department of the Government of the Republic in the national, provincial or local sphere;<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a public entity that is listed in Schedule 2 or 3 to the Public Finance Management Act; or<\/span><\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a municipal entity as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000),<\/span><\/span><\/p>\n

<\/p>\n

to fund expenditure in respect of any scientific or technological research and development, an amount equal to the amount that is funded must not be taken into account for purposes of the deduction under\u00a0subsection (2)\u00a0or\u00a0(4).<\/span><\/p>\n

[Subsection (7) substituted by section 11(d) of Act 3 of 2008, by section 32(1) of Act 24 of 2011 2011 (effective date in section 32(2) of Act 24 of 2011 as substituted section 168(1) of Act 22 of 2012 and by section 57(1) of Act 17 of 2023), by section 29(1)(f) of Act 31 of 2013 (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023) and by section 12(1)(t) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(8) \u00a0\u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/span><\/p>\n

[Subsection (8) substituted by section 32(1) of Act 24 of 2011 (effective date in section 32(2) of Act 24 of 2011 as substituted section 168(1) of Act 22 of 2012 and by section 57(1) of Act 17 of 2023) and deleted by section 29(1)(g) of Act 31 of 2013 with effect from 1 January, 2014 and applicable in respect of expenditure incurred in respect of research and development on or after that date (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023)]<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0\u00a0The Minister of Higher Education, Science and Innovation or a person appointed by the Minister of Higher Education, Science and Innovation must approve any scientific or technological research and development being carried on or funded for the purposes of subsections (2) and (4) having regard to\u2014<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0whether the taxpayer has proved to the committee that the scientific or technological research and development in respect of which the approval is sought complies with the criteria contemplated in the definition of \u201cscientific or technological research and development\u201d in subsection (1)(j),<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0such other criteria as the Minister of Finance in consultation with the Minister of Higher Education, Science and Innovation may prescribe by regulation; and<\/span><\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0the application for approval of the project being submitted by the taxpayer and received by the Minister of Higher Education, Science and Innovation in such form and containing such information as the Minister of Higher Education, Science and Innovation may prescribe.<\/span><\/span><\/p>\n

[Subsection (9) substituted by section 13(1)(f) of Act 8 of 2007 and by section 32(1) of Act 24 of 2011 2011 (effective date in section 32(2) of Act 24 of 2011 as substituted section 168(1) of Act 22 of 2012 and by section 57(1) of Act 17 of 2023), amended by section 29(1)(h), (i), (j) and (k) of Act 31 of 2013 (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023) and substituted by section 12(1)(u) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0\u00a0If scientific or technological research and development is approved under subsection (9) and-<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0any material fact changes which would have had the effect that approval under subsection (9) would not have been granted had that fact been known to the Minister of Higher Education, Science and Innovation at the time of granting approval;<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the taxpayer carrying on that scientific or technological research and development fails to submit a report to the committee as required by subsection (13); or<\/span><\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the taxpayer carrying on that scientific or technological research and development is guilty of fraud, or misrepresentation or non-disclosure of material facts which would have had the effect that approval under subsection (9) would not have been granted,<\/span><\/span><\/p>\n

<\/p>\n

the Minister of Higher Education, Science and Innovation may, after taking into account the recommendations of the committee, withdraw the approval granted in respect of that scientific or technological research and development with effect from a date specified by that Minister.<\/span><\/p>\n

[Subsection (10) substituted by section 32(1) of Act 24 of 2011 2011 (effective date in section 32(2) of Act 24 of 2011 as substituted section 168(1) of Act 22 of 2012 and by section 57(1) of Act 17 of 2023), amended by section 29(1)(l), (m) and (n) of Act 31 of 2013 (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023) and substituted by section 12(1)(v) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(11)<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0A committee must be appointed for the purposes of approving scientific or technological research and development under subsection (9) consisting of-<\/span><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0three persons employed by the Department of Science and Innovation appointed by the Minister of Higher Education, Science and Innovation;<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0one person employed by the National Treasury, appointed by the Minister of Finance; and<\/span><\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0three persons from the South African Revenue Service, appointed by the Minister of Finance.<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0The Minister of Higher Education, Science and Innovation or the Minister of Finance may appoint alternative persons to the committee if a person appointed in terms of paragraph (a) is not available to perform any function as a member of the committee.<\/span><\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0If any person is appointed as an alternative in terms of paragraph (b), that person may perform the function of any other person from the Department of Science and Innovation, or the South African Revenue Service in respect of which institution that person is appointed as alternative.<\/span><\/span><\/p>\n

[Subsection (11) substituted by section 3(1)(a) of Act 9 of 2007, by section 1(1) of Act 25 of 2011 (effective date in section 1(2) of Act 25 of 2011 as substituted by section 35(1) of Act 21 of 2012, by section 34(1) of Act 20 of 2022 and by section 58(1) of Act 17 of 2023), amended by section 18(1)(h) of Act 43 of 2014 (effective date in section 18(2) of Act 43 of 2014 as substituted section 64(1) of Act 17 of 2023) and substituted by section 12(1)(w) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(12)<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0The committee appointed in terms of subsection (11) must perform its function impartially and without fear, favour or prejudice.<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0The committee may-<\/span><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0appoint its own chairperson and determine the procedures for its meetings;<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0evaluate any application and make recommendations to the Minister of Higher Education, Science and Innovation for purposes of the approval of scientific or technological research and development approved under subsection (9);<\/span><\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0investigate or cause to be investigated scientific or technological research and development approved under subsection (9);<\/span><\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0monitor all scientific or technological research and development approved under subsection (9)\u2014<\/span><\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0to determine whether the objectives of this section are being achieved; and<\/span><\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0to advise the Minister of Finance and Minister of Higher Education, Science and Innovation on any future proposed amendment or adjustment of this section;<\/span><\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0for a specific purpose and on the conditions and for the period as it may determine, obtain the assistance of any person to advise the committee relating to any function assigned to that committee in terms of this section; and<\/span><\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0\u00a0require any taxpayer applying for approval of scientific or technological research and development in terms of subsection (9), to furnish any information or documents necessary for the Minister of Higher Education, Science and Innovation and the committee to perform their functions in terms of this section.<\/span><\/span><\/p>\n

[Subsection (12) substituted by section 1(1) of Act 25 of 2011 (effective date in section 1(2) of Act 25 of 2011 as substituted by section 35(1) of Act 21 of 2012, by section 34(1) of Act 20 of 2022 and by section 58(1) of Act 17 of 2023) and by section 12(1)(x) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(13)\u00a0\u00a0\u00a0A taxpayer carrying on scientific or technological research and development approved under subsection (9) must report to the committee annually with respect to-<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the purposes of that scientific or technological research and development; and<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the extent to which that scientific or technological research and development requires specialised skills,<\/span><\/span><\/p>\n

<\/p>\n

within 12 months after the close of each year of assessment, starting with the year following the year in which approval is granted under\u00a0subsection (9)\u00a0in the form and in the manner that the Minister of Higher Education, Science and Innovation may prescribe.<\/span><\/p>\n

[Subsection (13) substituted by section 1(1) of Act 25 of 2011 (effective date in section 1(2) of Act 25 of 2011 as substituted by section 35(1) of Act 21 of 2012, by section 34(1) of Act 20 of 2022 and by section 58(1) of Act 17 of 2023), by section 29(1)(o) of Act 31 of 2013 (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023) and by section 12(1)(y) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(14)\u00a0\u00a0\u00a0Notwithstanding Chapter 6<\/a> of the Tax Administration Act<\/a>, the Commissioner may disclose to the Minister of Higher Education, Science and Innovation information in relation to scientific or technological research and development-<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0as may be required by that Minister for the purposes of submitting a report to Parliament in terms of subsection (17);<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0if that information is material in respect of the granting of approval under subsection (9) or a withdrawal of that approval in terms of subsection (10); and<\/span><\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0as may be required to fulfil the duties as contemplated in subsection (12)(iv).<\/span><\/span><\/p>\n

[Subsection (14) substituted by section 1(1) of Act 25 of 2011 (effective date in section 1(2) of Act 25 of 2011 as substituted by section 35(1) of Act 21 of 2012, by section 34(1) of Act 20 of 2022 and by section 58(1) of Act 17 of 2023), by section 271 read with paragraph 34(a) of Schedule 1 of Act 28 of 2011, by section 29(1)(p) of Act 31 of 2013 (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023) and by section 12(1)(z) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(15) \u00a0 The members of the committee appointed in terms of subsection (11) and any person whose assistance has been obtained by that committee may not-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 act in any way that is inconsistent with the provisions of subsection (12)(a) or expose themselves to any situation involving the risk of a conflict between their responsibilities and private interests; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 use their position or any information entrusted to them to enrich themselves or improperly benefit any other person.<\/span><\/p>\n

[Subsection\u00a0(15)\u00a0substituted by\u00a0section\u00a01(1)\u00a0of\u00a0Act\u00a025 of 2011\u00a0with effect from 1 October 2012 and applicable in respect of research and development on or after 1 October 2012 (effective date in\u00a0section\u00a01(2)\u00a0of\u00a0Act\u00a025 of 2011\u00a0as substituted by\u00a0section\u00a035(1)\u00a0of\u00a0Act\u00a021 of 2012, by\u00a0section\u00a034(1)\u00a0of\u00a0Act\u00a020 of 2022\u00a0and by\u00a0section 58(1)\u00a0of\u00a0Act 17 of 2023)]<\/span><\/p>\n

<\/p>\n

(16)\u00a0\u00a0\u00a0The Minister of Higher Education, Science and Innovation or the person appointed by the Minister of Higher Education, Science and Innovation contemplated in subsection (9) must\u2014<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0provide written reasons for any decision to grant or deny any application for approval of any scientific or technological research and development under subsection (9), or for any withdrawal of approval contemplated in subsection (10);<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0inform the Commissioner of the approval of any scientific or technological research and development under subsection (9), setting out such particulars as are required by the Commissioner to determine the amount of the deduction in terms of subsection (2) or (4); and<\/span><\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0inform the Commissioner of any withdrawal of approval in terms of subsection (10) and of the date on which that withdrawal takes effect.<\/span><\/span><\/p>\n

[Subsection (16) substituted by section 3(1)(a) of Act 9 of 2007, by section 1(1) of Act 25 of 2011 (effective date in section 1(2) of Act 25 of 2011 as substituted by section 35(1) of Act 21 of 2012, by section 34(1) of Act 20 of 2022 and by section 58(1) of Act 17 of 2023), amended by section 29(1)(q) and (r) of Act 31 of 2013 (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023) and substituted by section 12(1)(zA) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(17)\u00a0\u00a0\u00a0The Minister of Higher Education, Science and Innovation must annually submit a report to Parliament advising Parliament of the direct benefits of the scientific or technological research and development in terms of economic growth, employment and other broader government objectives and the aggregate expenditure in respect of such activities without disclosing the identity of any person.<\/span><\/span><\/p>\n

[Subsection (17) substituted by section 3(1)(a) of Act 9 of 2007, by section 1(1) of Act 25 of 2011 (effective date in section 1(2) of Act 25 of 2011 as substituted by section 35(1) of Act 21 of 2012, by section 34(1) of Act 20 of 2022 and by section 58(1) of Act 17 of 2023) and by section 12(1)(zB) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(18)\u00a0\u00a0\u00a0Every employee of the Department of Science and Innovation, every member of the committee appointed in terms of subsection (11) and any person whose assistance has been obtained by that committee\u2014<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0must preserve and aid in preserving secrecy with regard to all matters that may come to their knowledge in the performance of their functions in terms of this section; and<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0may not communicate any such matter to any person whatsoever other than to the taxpayer concerned or its legal representative, nor allow any such person to have access to any records in the possession or custody of the Department of Science and Innovation or committee except in terms of the law or an order of court.<\/span><\/span><\/p>\n

[Subsection (18) added by section 3(1)(b) of Act 9 of 2007, substituted by section 1(1) of Act 25 of 2011 (effective date in section 1(2) of Act 25 of 2011 as substituted by section 35(1) of Act 21 of 2012, by section 34(1) of Act 20 of 2022 and by section 58(1) of Act 17 of 2023), amended by section 29(1)(s) of Act 31 of 2013 (effective date in section 29(2) of Act 31 of 2013 as substituted section 62(1) of Act 17 of 2023) and substituted by section 12(1)(zC) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(19)\u00a0\u00a0\u00a0The Commissioner may, notwithstanding the provisions of sections 99<\/a> and 100<\/a> of the Tax Administration Act<\/a>, raise an additional assessment for any year of assessment with respect to a deduction in respect of scientific or technological research and development which has been allowed, where approval has been withdrawn in terms of subsection (10).<\/span><\/span><\/p>\n

[Subsection (19) added by section 271 read with paragraph 34(b) of Schedule 1 of Act 28 of 2011 and substituted by section 5(1) of Act 21 of 2012 (effective date in section 5(2) of Act 21 of 2012 as substituted by section 59(1) of Act 17 of 2023), by section 12(1)(zD) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date and by section 4(a) of Act 18 of 2023]<\/span><\/p>\n

<\/p>\n

(20)<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0A taxpayer may, notwithstanding the provisions of sections 93<\/a>, 99<\/a>(1) and 100<\/a> of the Tax Administration Act<\/a>, apply to the Commissioner to allow all deductions provided for under this section in respect of research and development if\u2014<\/span><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0expenditure in respect of that scientific or technological research and development was incurred within six months prior to or on or after the date of receipt of an application by the Department of Science and Innovation for the approval of that scientific or technological research and development;<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that application was not allowable in respect of a year of assessment solely by reason of the absence of approval of that scientific or technological research and development under subsection (9); and<\/span><\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0that scientific or technological research and development is approved in terms of subsection (9) after that year of assessment.<\/span><\/span><\/p>\n

[Paragraph (a)\u00a0amended by\u00a0section 4(b)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may, notwithstanding the provisions of sections 99<\/a> and 100<\/a> of the Tax Administration Act<\/a>, make a reduced assessment for a year of assessment where expenditure incurred during that year in respect of scientific or technological research and development would have been allowable as a deduction in terms of this section had the approval in terms of subsection (9) been granted during that year of assessment.<\/span><\/span><\/p>\n

[Paragraph (b) substituted by section 4(c) of Act 18 of 2023]<\/span><\/span><\/p>\n

[Subsection (20) added by section 27(1) of Act 15 of 2016 (effective date in section 27(2) of Act 15 of 2016 as substituted by section 65(1) of Act 17 of 2023) and substituted by section 12(1)(zE) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(21)\u00a0\u00a0\u00a0Any person who contravenes the provisions of subsection (18) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.<\/span><\/span><\/p>\n

[Subsection\u00a0(21)\u00a0added by\u00a0section 12(1)(zF)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(22)\u00a0\u00a0\u00a0No deduction shall be allowed under this section in respect of applications received after 31 December 2033.<\/span><\/span><\/p>\n

[Subsection (22) added by section 12(1)(zF) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date]<\/span><\/span><\/p>\n

[Section 11D inserted by section 13(1) of Act 20 of 2006 and amended by section 12(1)(a) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of applications received and expenditure incurred on or after that date] <\/span><\/p>\n","post_title":"Subsections 2, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of section 11D of ITA","collection_order":379,"collection":597,"post_modified":"2024-01-31 19:37:04","post_date":"2015-10-15 12:14:54"},{"ID":"692","post_content":"

11E. \u00a0 \u00a0 Deduction of certain expenditure incurred by sporting bodies<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

For the purpose of determining the taxable income derived by-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any non-profit company as defined in the Companies Act; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an association of persons that has been incorporated, formed or established in the Republic,<\/span><\/p>\n

\u00a0<\/p>\n

from carrying on any sporting activities falling under a code of sport administered and controlled by a national federation as contemplated in section 1 of the National Sport and Recreation Act, 1998 (Act No. 110 of 1998), there shall be allowed as a deduction from the income of that company or association-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 expenditure, not of a capital nature, incurred by that company or association on the development and promotion, directly by that company or association ;or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any payment made to any other company or association contemplated in this section for expenditure to be incurred on the development and promotion,<\/span><\/p>\n

\u00a0<\/p>\n

of sporting activities contemplated in paragraph 9<\/a> of Part I of the Ninth Schedule<\/a> falling under that code of sport.<\/p>\n","post_title":"Section 11E (ITA) - Deduction of certain expenditure incurred by sporting bodies","collection_order":380,"collection":597,"post_modified":"2019-02-09 22:13:41","post_date":"2015-10-15 12:14:54"},{"ID":"12685","post_content":"

11F.\u00a0\u00a0\u00a0\u00a0 Deduction in respect of contributions to retirement funds<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Notwithstanding section 23(g)<\/a>, for the purposes of determining the taxable income of a natural person in respect of any year of assessment there must be allowed as a deduction from the income of that person any amount contributed during a year of assessment to any pension fund, provident fund or retirement annuity fund in terms of the rules of that fund by a person that is a member of that fund.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0The total deduction allowed in terms of subsection (1) must not in a year of assessment exceed the lesser of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0R350 000: Provided that where any person\u2019s year of assessment is less than a period of 12 months, the aggregate of amounts that shall be allowed as deductions under this paragraph for years of assessment during the period of 12 months commencing on 1 March and ending at the end of February of the immediately following calendar year, must not exceed R350 000;<\/span><\/span><\/p>\n

[Paragraph (a)\u00a0amended\u00a0section\u00a026(1)(a)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and by\u00a0section\u00a013(1)(a)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect from 1\u00a0March, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 27,5 per cent of the higher of the person\u2019s-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 remuneration (other than in respect of any retirement fund lump sum benefit, retirement fund lump sum withdrawal benefit and severance benefit) as defined in paragraph 1<\/a> of the Fourth Schedule<\/a>; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0taxable income (other than in respect of any retirement fund lump sum benefit, retirement fund lump sum withdrawal benefit and severance benefit) as determined before allowing any deduction under this section and sections 6quat<\/a>(1C) and\u00a018A<\/a>; or<\/span><\/p>\n

[Subparagraph (ii) substituted by section 26 of Act 23 of 2018 effective on 1 March 2019]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the taxable income (other than in respect of any retirement fund lump sum benefit, retirement fund lump sum withdrawal benefit and severance benefit) of that person before-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 26 of Act 23 of 2018 effective on 1 March 2019]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0allowing any deduction under this section and sections 6quat<\/a>(1C) and\u00a018A<\/a>; and<\/span><\/p>\n

[Subparagraph (i) substituted by section 26 of Act 23 of 2018 effective on 1 March 2019]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the inclusion of any taxable capital gain.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0Any amount contributed to a pension fund, provident fund or retirement annuity fund in any previous year of assessment which has been disallowed solely by reason of the fact that the amount that was contributed exceeds the amount of the deduction allowable in respect of that year of assessment is deemed to be an amount contributed in the current year of assessment, except to the extent that the amount contributed has been-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 allowed as a deduction against income in any year of assessment;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 accounted for under paragraph 5<\/a>(1)(a) or 6(1)(b)(i) of the Second Schedule<\/a>; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0taken into account in determining the amounts exempt under\u00a0section 10C<\/a>.<\/span><\/p>\n

[Paragraph (c) substituted by section 26 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Any amount paid or contributed by an employer of the person on behalf of or for the benefit of that person must be deemed-<\/span><\/p>\n

<\/p>\n

(a)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0to be equal to the amount of the cash equivalent of the value of the taxable benefit contemplated in\u00a0paragraph 2<\/a>(l) of the Seventh Schedule determined in accordance with\u00a0paragraph 12D<\/a>\u00a0of that Schedule; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0if that amount is paid by an employer to a retirement annuity fund, to be equal to the amount of the cash equivalent of the value of the taxable benefit contemplated in\u00a0paragraph 2<\/a>(h) of the Seventh Schedule determined in accordance with\u00a0paragraph 13<\/a>\u00a0of that Schedule; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent that the amount has been included in the income of that person, to have been contributed by that person.<\/span><\/span><\/p>\n

[Subsection\u00a0(4)\u00a0substituted by\u00a0section\u00a026(1)(e)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and by\u00a0section\u00a013(1)(b)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect from 1\u00a0March, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a partner in a partnership must be deemed to be an employee of the partnership; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a partnership must be deemed to be the employer of the partners in that partnership.<\/span><\/p>\n

[Section 11F inserted by section 21 of Act 17 of 2017 effective on 1 March 2016]<\/span><\/p>\n","post_title":"Section 11F (ITA) - Deduction in respect of contributions to retirements funds","collection_order":381,"collection":597,"post_modified":"2024-04-09 09:03:28","post_date":"2018-01-17 16:38:26"},{"ID":"694","post_content":"

11sex.\u00a0 Deduction of compensation for railway operating losses<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

For the purpose of determining the taxable income derived by any taxpayer from carrying on any trade within the Republic, there shall be allowed as a deduction from the income of the taxpayer so derived the amount of any compensation due to Transnet Limited and paid by the taxpayer (whether directly or through any trade association of which the taxpayer is a member) in respect of any loss incurred by Transnet Limited in operating any railway line, if \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such railway line was constructed under or in pursuance of a written agreement with Transnet Limited in terms of which Transnet Limited undertook to operate the railway line;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the compensation so paid was paid in order to discharge an obligation under the said agreement to pay such compensation; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the taxpayer\u2019s liability to pay such compensation was incurred in connection with his trade.<\/span><\/p>\n

\u00a0<\/p>\n

<\/strong>12.<\/strong>\u00a0 \u00a0 \u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

<\/strong>12A.<\/strong>\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Section 11sex (ITA) - Deduction of compensation for railway operating losses","collection_order":382,"collection":597,"post_modified":"2019-02-09 22:13:52","post_date":"2015-10-15 12:14:54"},{"ID":"696","post_content":"

12B. \u00a0Deduction in respect of certain machinery, plant, implements, utensils and articles used in farming or production of renewable energy<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 In respect of any \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 machinery, implement, utensil or article (other than livestock) which is owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of\u00a0 \u2018instalment credit agreement\u2019 in section 1 of the Value-Added Tax Act and brought into use for the first time by that taxpayer and used by him or her in the carrying on of his or her farming operations, except any motor vehicle the sole or primary function of which is the conveyance of persons or any caravan or any aircraft (other than an aircraft used solely or mainly for the purpose of crop-spraying) or any office furniture or equipment;<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 machinery, plant, implement, utensil or article owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of \u2018instalment credit agreement\u2019 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 purpose of his or her trade to be used for the production of bio-diesel or bio-ethanol,<\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 machinery, plant, implement, utensil or article owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of \u2018instalment credit agreement\u2019 in section 1 of the Value-Added Tax Act and which was or is brought into use for the first time by that taxpayer for the purpose of his or her trade to be used by that taxpayer in the generation of electricity from \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 wind power;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa)\u00a0\u00a0\u00a0 photovoltaic solar energy of more than 1 megawatt;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 photovoltaic solar energy not exceeding 1 megawatt; or<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0 concentrated solar energy;<\/span><\/p>\n

[Subparagraph (ii) substituted by section 19 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0hydropower to produce electricity of not more than 30 megawatts\u037e or<\/span><\/p>\n

[Sub\u00adparagraph (iii) amended by section 16 of Act 34 of 2019]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 biomass comprising organic wastes, landfill gas or plant material; or<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 improvements (other than repairs) to-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any machinery, plant, implement, utensil or article referred to in paragraph (f), (g) or (h); and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any foundation or supporting structure that is, in terms of the proviso to this subsection, deemed to be part of the machinery, plant, implement, utensil or article referred to in paragraph (h),<\/span><\/p>\n

\u00a0<\/span><\/p>\n

which is during the year of assessment used as contemplated in the relevant paragraph, a deduction calculated in terms of subsection (2) shall be allowed in respect of the year of assessment during which such machinery, plant, implement, utensil or article or any improvement (hereinafter referred to as an asset) is so brought into use and each of the two succeeding years of assessment, such succeeding years of assessment hereinafter in this section referred to as the second and third years, in chronological order.<\/p>\n

\u00a0<\/p>\n

: Provided that where any machinery, plant, implement, utensil, article or improvement for which a deduction is allowed under paragraph (h) is mounted on or affixed to any concrete or other foundation or supporting structure and-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 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;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 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; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the foundation or supporting structure was brought into use on or after 1 January 2013,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

the foundation or supporting structure shall be deemed to be a part of the machinery, plant, implement, utensil, article or improvement mounted thereon or affixed thereto<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The deduction contemplated in subsection (1) shall be calculated on the cost to the taxpayer of the asset and the rate of the allowance shall be-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 22 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of an asset other than an asset contemplated in paragraph (b)-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in respect of the year of assessment during which the asset is so brought into use, 50 per cent of such cost;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in respect of the second year, 30 per cent of such cost; and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 in respect of the third year, 20 per cent of such cost;<\/span><\/p>\n

[Paragraph (a) substituted by section 19 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of an asset contemplated in subsection (1)(h)(ii)(bb), 100 per cent of such cost<\/span><\/p>\n

[Paragraph (b) substituted by section 19 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (c) deleted by section 28 of Act 15 of 2016 effective on 1 January 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0For purposes of this section the cost to a taxpayer of any asset acquired by that taxpayer shall be deemed to be the lesser of the actual cost to the taxpayer or the cost which a person would, if he or she had acquired the asset under a cash transaction concluded at arm\u2019s length on the date which the transaction for the acquisition of the 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.<\/span><\/p>\n

[Subsection (3) substituted by section 19 of Act 31 of 2005 and section 22 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section in respect of \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any asset which has been let by the taxpayer under a lease other than an operating lease as defined in section 23A<\/a> (1), unless \u2013<\/em><\/span><\/p>\n

\u00a0<\/em><\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the lessee under such lease derives in the carrying on of his trade amounts constituting income for the purposes of this Act; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the period for which the asset is let under such lease is at least 5 years or such shorter period as is shown by the taxpayer to be the useful life of the asset;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any asset brought into use by any company during any year of assessment if such asset was previously brought into use by any other company during such year and both such companies are managed, controlled or owned by substantially the same persons, and a deduction under this section was previously granted to such other company;<\/span><\/p>\n

[Paragraph (c) amended by section 7 of Act 9 of 2005 and substituted by section 19 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any asset which has been disposed of by the taxpayer during any previous year of assessment;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any asset in respect of which an allowance has been granted to the taxpayer under section 12E<\/a>;<\/span><\/span><\/p>\n

[Paragraph (f)\u00a0added by\u00a0section 7(b)\u00a0of\u00a0Act 9 of 2005, amended by\u00a0section\u00a019(g)\u00a0of\u00a0Act 31 of 2005\u00a0and substituted by\u00a0section 15(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0\u00a0any 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 \u201cinstalment credit agreement\u201d in section 1 of the Value-Added Tax Act; or<\/span><\/span><\/p>\n

[Paragraph (g)\u00a0added by\u00a0section\u00a019(h)\u00a0of\u00a0Act 31 of 2005\u00a0and substituted by\u00a0section\u00a031(c)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and by\u00a0section 15(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0\u00a0any asset in respect of which a deduction has been allowed to the taxpayer under section 6C<\/a> or 12BA<\/a>.<\/span><\/span><\/p>\n

[Paragraph (h)\u00a0added by\u00a0section 15(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(4A)\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(4B)\u00a0\u00a0 Where any asset in respect of which any deduction is claimed in terms of this section was during any previous financial year brought into use for the first time 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.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The deductions which may be allowed in terms of this section in respect of any asset shall not in the aggregate exceed the cost to the taxpayer of such asset.<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Where a lessor of any asset under a lease contemplated in subsection (4)(a) has within the period contemplated in subparagraph (ii) of that paragraph, reckoned from the commencement of the period for which the asset is let under that lease, disposed of the whole or a portion of that lessor\u2019s interest in the lease or of his or her right to receive rent under the lease, there must be included in that lessor\u2019s income for the year of assessment during which the disposal is made a sum equal to the aggregate of any deductions allowed to that lessor under this section, less a proportionate amount in respect of the expired portion of the lease or any portion of that interest or right which has not been disposed of by the lessor.<\/span><\/p>\n

[Subsection (6) substituted by section 19 of Act 31 of 2005 and section 19 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 12B (ITA) - Deduction in respect of certain machinery, plant, implements, utensils and articles used in farming or production of renewable energy","collection_order":383,"collection":597,"post_modified":"2024-01-12 09:07:23","post_date":"2015-10-15 12:14:54"},{"ID":"24325","post_content":"

12BA Enhanced deduction in respect of certain machinery, plant, implements, utensils and articles used in production of renewable energy<\/span><\/strong><\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 In respect of any new and unused machinery, plant, implement, utensil, or article owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of \u201cinstalment credit agreement\u201d in section 1 of the Value-Added Tax Act and which was or is brought into use for the first time by that taxpayer for the purpose of that taxpayer\u2019s trade on or after 1 March 2023 and before 1 March 2025, to be used by that taxpayer or the lessee of that taxpayer, in the generation of electricity in the Republic from-<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0wind power;<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0photovoltaic solar energy;<\/span><\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0concentrated solar energy;<\/span><\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0hydropower; or<\/span><\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0biomass comprising organic wastes, landfill gas or plant material,<\/span><\/span><\/p>\n

<\/p>\n

a deduction calculated in terms of subsection (2) shall be allowed in respect of the year of assessment during which the abovementioned assets are brought into use: Provided that where any machinery, plant, implement, utensil or article for which a deduction is allowed under this subsection is mounted on or affixed to any concrete or other foundation or supporting structure and-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the foundation or supporting structure is designed for such machinery, plant, implement, utensil or article and constructed in such manner that it is or should be regarded as being integrated with the machinery, plant, implement, utensil or article; and<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the useful life of the foundation or supporting structure is or will be limited to the useful life of the machinery, plant, implement, utensil or article mounted thereon or affixed thereto,<\/span><\/span><\/p>\n

<\/p>\n

the foundation or supporting structure shall be deemed to be part of the machinery, plant, implement, utensil or article mounted thereon or affixed thereto.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0The deduction contemplated in subsection (1) is equal to an amount of 125 per cent of the cost incurred by the taxpayer for the acquisition of the asset.<\/span><\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this section, the cost to a taxpayer of any asset acquired by that taxpayer shall be deemed to be the lesser of the actual cost to the taxpayer or the cost which a person would, if that person had acquired the asset under a cash transaction concluded at arm\u2019s length on the date which the transaction for the acquisition of the 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.<\/span><\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0No deduction shall be allowed under this section in respect of-<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0any 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 \u201cinstalment credit agreement\u201d in section 1 of the Value-Added Tax Act; or<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any asset brought into use after 28 February 2025.<\/span><\/span><\/p>\n

[Section 12BA\u00a0inserted by\u00a0section 16(1)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n","post_title":"Section 12BA (ITA) - Enhanced deduction in respect of certain machinery, plant, implements, utensils and articles used in production of renewable energy","collection_order":384,"collection":597,"post_modified":"2024-01-26 09:53:24","post_date":"2024-01-10 18:26:41"},{"ID":"698","post_content":"

12C.\u00a0\u00a0<\/strong>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<\/strong><\/span><\/p>\n

[Heading substituted by section 20 of Act 31 of 2005 and section 27 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 In respect of any \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 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 \u2018instalment credit agreement\u2019 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\u2019s 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;<\/span><\/p>\n

[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]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 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 \u2018instalment credit agreement\u2019 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\u2019s 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;<\/span><\/p>\n

[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]<\/span><\/p>\n

<\/p>\n

(bA)\u00a0\u00a0machinery 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 \u201cinstalment credit agreement\u201d 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\u2019s 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\u2019s 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;<\/span><\/p>\n

[Paragraph (bA)\u00a0inserted by\u00a0section 20(1)(b)\u00a0of\u00a0Act\u00a025 of 2015\u00a0and substituted by\u00a0section 14\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 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 \u2018instalment credit agreement\u2019 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<\/a>(9);<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0machinery, 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 \u2018instalment credit agreement\u2019 in\u00a0section 1<\/a>\u00a0of 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\u2019s trade as hotel keeper and is used by the taxpayer in a hotel, except any vehicle or equipment for offices or managers\u2019 or servants\u2019 rooms;<\/span><\/p>\n

[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]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0machinery, 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 \u2018instalment credit agreement\u2019 in\u00a0section 1<\/a>\u00a0of 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\u2019s trade as hotel keeper and used by the lessee in a hotel, except any vehicle or equipment for offices or managers\u2019 or servants\u2019 rooms;<\/span><\/p>\n

[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]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 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 \u2018instalment credit agreement\u2019 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<\/a>);<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 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 \u2018instalment 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));<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(gA)\u00a0\u00a0 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 \u2018instalment 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<\/a>; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 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,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

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 \u2013<\/em><\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 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 \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 acquired by the taxpayer under an agreement formally and finally signed by every parry to the agreement on or after 1 March 2002; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 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),<\/span><\/p>\n

\u00a0[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]<\/span><\/p>\n

<\/p>\n

the deduction under this subsection shall be increased to 40\u00a0per 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\u00a0per cent in each of the three subsequent years of assessment;<\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 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-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 acquired by the taxpayer under an agreement formally and finally signed by every party to the agreement on or after 1 January 2012; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 brought into use by the taxpayer on or after that date for the purpose of research and development as defined in section 11D<\/a>,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

the deduction under this subsection shall be-<\/p>\n

<\/p>\n

(aa) \u00a0 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;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 30 per cent of that cost in the year of assessment immediately succeeding the year of assessment contemplated in item (aa); and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(cc) \u00a0 20 per cent of that cost in the year of assessment immediately succeeding the year of assessment contemplated in item (bb)<\/span><\/p>\n

\u00a0<\/span><\/p>\n

: 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 \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 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<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 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,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

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.<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0For 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\u2019s 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.<\/span><\/p>\n

[Subsection (2) substituted by section 20 of Act 31 of 2005 and section 23 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section in respect of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any asset which has been let by the taxpayer under a lease other than an operating lease as defined in section 23A<\/a>(1), unless the lessee under such lease derives in the carrying on of his trade amounts constituting income for the purposes of this Act;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any asset which has been disposed of by the taxpayer during any previous year of assessment;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any asset in respect of which an allowance has been granted to the taxpayer under section 12E<\/a>; or<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 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 \u2018instalment credit agreement\u2019 in section 1 of the Value-Added Tax Act.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(4A)\u00a0 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.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The deductions which may be allowed or deemed to have been allowed in terms of this section and section 11(o)<\/a> in respect of any asset shall not in the aggregate exceed the cost to the taxpayer of such asset.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Any expenditure (other than expenditure referred to in section 11(a)<\/a>\u00a0incurred 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<\/a> from one location to another shall \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 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<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in any other case, be allowed to be deducted from his income in that year.<\/span><\/p>\n","post_title":"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","collection_order":385,"collection":597,"post_modified":"2023-01-21 21:30:47","post_date":"2015-10-15 12:14:54"},{"ID":"700","post_content":"

12D. \u00a0 \u00a0 Deduction in respect of certain pipelines, transmission lines and railway lines<\/span><\/strong><\/p>\n","post_title":"Section 12D (ITA) - Deduction in respect of certain pipelines, transmission lines and railway lines","collection_order":386,"collection":597,"post_modified":"2019-02-09 22:14:29","post_date":"2015-10-15 12:14:54"},{"ID":"702","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

\u201caffected asset\u201d<\/strong> means any \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 pipeline used for the transportation of natural oil;<\/span><\/p>\n

\u00a0<\/p>\n

(aA)\u00a0\u00a0 pipeline for the transportation of water used by power stations in the process of generating electricity;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 line or cable used for the transmission of electricity;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 line or cable used for the transmission of electronic communications; and<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 railway line used for the transportation of persons, goods or things,<\/span><\/p>\n

\u00a0<\/p>\n

and includes any earthworks or supporting structures and equipment forming part of or ancillary to such pipeline, transmission line or cable or railway line and any improvement to such pipeline, transmission line or cable or railway line;<\/p>\n","post_title":"\"Affected asset\" definition of section 12D of ITA","collection_order":387,"collection":597,"post_modified":"2019-02-09 22:14:46","post_date":"2015-10-15 12:14:54"},{"ID":"704","post_content":"

\u201cnatural oil\u201d<\/strong> means any liquid or solid hydrocarbon or combustible gas existing in a natural condition in the earth\u2019s crust and includes any refined by\u2013<\/em>products of such liquid or solid hydrocarbon or combustible gas.<\/p>\n","post_title":"\"Natural oil\" definition of section 12D of ITA","collection_order":388,"collection":597,"post_modified":"2019-02-09 22:14:54","post_date":"2015-10-15 12:14:54"},{"ID":"706","post_content":"

(2) \u00a0 \u00a0 There shall be allowed to be deducted an allowance in respect of the cost actually incurred by the taxpayer in respect of the acquisition of \u2013<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 19 of Act 43 of 2014 effective on 1 April 2015]<\/span><\/p>\n\n

(a)<\/span><\/p>\n

\n<\/p>

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any new and unused affected asset; or<\/span><\/p>\n

\n<\/p>

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of an asset contemplated in paragraph (c) of the definition of \u2018affected asset\u2019 any asset,<\/span><\/p>\n

\n<\/p>

owned by the taxpayer that is brought into use for the first time by the taxpayer; and;<\/p>\n

[Paragraph (a) substituted by section 23 of Act 35 of 2007, section 12 of Act 3 of 2008 and section 19 of Act 43 of 2014 effective on1 April 2015]<\/span><\/p>\n\n

(b)\u00a0\u00a0\u00a0\u00a0 the asset as contemplated in paragraph (a) which is used directly by such taxpayer for purposes contemplated in the definition of \u2018affected asset\u2019,<\/span><\/p>\n

[Paragraph (b) substituted by section 12 of Act 3 of 2008 and section 19 of Act 43 of 2014 effective on 1 April 2015]<\/span><\/p>\n\n

(2A)\u00a0 For the purposes of this section, if a taxpayer completes an improvement as contemplated in section 12N, the expenditure incurred by the taxpayer to complete that improvement shall be deemed to be the cost actually incurred by the taxpayer in respect of the acquisition of any new and unused affected asset contemplated in subsection (2).<\/span><\/p>\n\n

(3)\u00a0\u00a0\u00a0\u00a0 The allowance contemplated in subsection (2) shall not for any one year exceed \u2013<\/em><\/span><\/p>\n\n

(a)\u00a0\u00a0\u00a0\u00a0 10 per cent of the cost incurred in respect of any asset contemplated in paragraph (a) of the definition of \u201caffected asset\u201d;<\/span><\/p>\n

[Paragraph (a) amended by section 19 of Act 43 of 2014 effective on 1 April 2015]<\/span><\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0 5 per cent of the cost incurred in respect of any asset contemplated in paragraph (aA), (b) or (d) of the definition of affected asset; or<\/span><\/p>\n

[Paragrpah (b) substituted by section 12 of Act 3 of 2008 and seciton 19 of Act 43 of 2014 effective on 1 April 2015]<\/span><\/p>\n\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a010 per cent of the cost incurred in respect of any asset contemplated in paragraph (c) of the definition of \u2018affected asset\u2019.<\/span><\/p>\n

[Paragraph (c) added by section 19 of Act 43 of 2014 and substituted by section 28 of Act 23 of 2018 effective on 1 April 2019, applies in respect of assets acquired on or after that date]<\/span><\/p>\n\n

(3A)\u00a0 Where any affected 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 in which 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.<\/span><\/p>\n\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this section the cost to a taxpayer of any affected asset shall be deemed to be the lesser of-<\/span><\/p>\n\n

(a)\u00a0\u00a0\u00a0\u00a0 the actual cost of the asset incurred by the taxpayer; or<\/span><\/p>\n\n

(b)\u00a0\u00a0\u00a0\u00a0 the cost which the taxpayer would, if the taxpayer had acquired or improved the said asset under a cash transaction concluded at arm\u2019s length on the date on which the transaction for the acquisition or improvement of the said asset was in fact concluded, have incurred in respect of the direct cost of acquisition or improvement of the asset (including the direct cost of the installation or erection thereof).<\/span><\/p>\n

[Subsection (4) amended by section 23 of Act 35 of 2007 and substituted by section 24 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n\n

(5)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section in respect of any affected asset which has been disposed of by the taxpayer during any previous year of assessment.<\/span><\/p>\n\n

(6)\u00a0\u00a0\u00a0\u00a0 The deductions which may be allowed or deemed to have been allowed in terms of this section and any other provision of this Act in respect of the cost of any affected asset shall not in the aggregate exceed the amount of such cost.<\/span><\/p>\n","post_title":"Subsections 2, 2A, 3, 3A, 5, and 6 of section 12D of ITA","collection_order":389,"collection":597,"post_modified":"2023-01-21 21:31:09","post_date":"2015-10-15 12:14:54"},{"ID":"708","post_content":"

12DA.\u00a0 Deduction in respect of rolling stock<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0There shall be allowed to be deducted from the income of the taxpayer an allowance, in respect of rolling stock brought into use by the taxpayer on or before 28 February 2022, in the carrying on of a trade, in respect of the cost actually incurred by the taxpayer in respect of the acquisition or improvement of any rolling stock which is owned by the taxpayer, or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of \u201cinstalment credit agreement\u201d in section 1 of the Value-Added Tax Act and is used directly by the taxpayer wholly or mainly for the transportation of persons, goods or things to the extent that such rolling stock is used in the production of that taxpayer\u2019s income.<\/span><\/p>\n

[Subsection\u00a0(1)\u00a0substituted by\u00a0section\u00a034\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section\u00a015\u00a0of\u00a0Act\u00a023 of 2020\u00a0and by\u00a0section\u00a012\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The allowance contemplated in subsection (1) shall, in respect of any one year of assessment, be 20 per cent of the cost incurred in respect of any rolling stock.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0For purposes of this section the cost to a taxpayer of any rolling stock shall be deemed to be the lesser of the actual cost to the taxpayer or the cost which a person would, if that person had acquired or improved the rolling stock under a cash transaction concluded at arm\u2019s length on the date on which the transaction for the acquisition or improvement of rolling stock was in fact concluded, have incurred in respect of the direct cost of acquisition or improvement of the rolling stock.<\/span><\/p>\n

[Subsection (3) substituted by section 25 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where any rolling stock 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 year or any subsequent year in which such asset was used by the 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.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section in respect of any rolling stock that has been disposed of by the taxpayer during any previous year of assessment.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 The deductions which may be allowed or deemed to have been allowed in terms of this section and any other provision of this Act in respect of the cost of any rolling stock shall not in the aggregate exceed the amount of such cost.<\/span><\/p>\n","post_title":"Section 12DA (ITA) - Deduction in respect of rolling stock","collection_order":390,"collection":597,"post_modified":"2023-01-21 21:31:06","post_date":"2015-10-15 12:14:54"},{"ID":"710","post_content":"

12E.\u00a0\u00a0\u00a0\u00a0 Deductions in respect of small business corporations<\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where any plant or machinery (hereinafter referred to as an asset) owned by a taxpayer which qualifies as a small business corporation or acquired by such a taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of \u2018instalment credit agreement\u2019 in section 1 of the Value-Added Tax Act-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 35 of Act 31 of 2013 effective 12 December 2013]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is brought into use for the first time by that taxpayer on or after 1 April 2001 for the purpose of that taxpayer\u2019s trade (other than mining or farming); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is used by that taxpayer directly in a process of manufacture (or any other process which is of a similar nature) carried on by that taxpayer, a deduction equal to the cost of such asset shall be allowed in the year that such asset is so brought into use.<\/span><\/p>\n

[Subsection (1) amended by section 21 of Act 31 of 2005 and substituted by section 21 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(1A)\u00a0 Subject to subsection (1). where any machinery, plant, implement, utensil, article, aircraft or ship in respect of which a deduction is allowable under section 11(e)<\/a> (\u2018the asset\u2019) is acquired by a small business corporation under an agreement formally and finally signed by every party to the agreement on or after 1 April 2005, the amount allowed to be deducted in respect of the asset must, at the election of the small business corporation and subject to the provisions of that section, be either-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount allowable in terms of and subject to that section; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an amount equal to 50 per cent of the cost of the asset in the year of assessment during which it was first brought into use, 30 per cent in the first succeeding year and 20 per cent in the second succeeding year.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0For 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 the said asset under a cash transaction concluded at arm\u2019s length on the date on which the transaction for the acquisition of the 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.<\/span><\/p>\n

[Subsection (2) substituted by section 21 of Act 31 of 2005 and section 26 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Any expenditure (other than expenditure referred to in section 11(a)<\/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 from one location to another must \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the taxpayer is or was entitled to a deduction in respect of that asset under subsection (1A) in that year and one or more succeeding years, be allowed to be deducted from his or her income in equal instalments in that year and each succeeding year in which that deduction is allowable; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in any other case, be allowed to be deducted from that taxpayer\u2019s income in that year.<\/span><\/p>\n

<\/p>\n

(3B)\u00a0\u00a0 No deduction shall be allowed under this section in respect of any asset in respect of which an allowance has been granted to the taxpayer under section 12BA<\/a>.<\/span><\/span><\/p>\n

[Subsection (3B)\u00a0inserted by\u00a0section 17(1)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n","post_title":"Section 12E (ITA) - Deduction in respect of small business corporations","collection_order":391,"collection":597,"post_modified":"2024-01-12 09:21:40","post_date":"2015-10-15 12:14:54"},{"ID":"712","post_content":"

(4)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u2018small business corporation\u2019<\/strong>\u00a0means any close corporation or co-operative or any private company as defined in\u00a0section 1\u00a0of the Companies Act or a personal liability company as contemplated in\u00a0section 8(2)(c) of the Companies Act if at all times during the year of assessment all the holders of shares in that company, co-operative, close corporation or personal liability company are natural persons, where-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 23 of Act 7 of 2010, section 35 of Act 31 of 2013 and section 29 of Act 15 of 2016 effective on 1 May 2011, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the gross income for the year of assessment does not exceed and amount equal to R20 million: Provided that where the close corporation, co-operative or company during the relevant year of assessment carries on any trade, for a period which is less than 12 months, that amount shall be reduced to an amount which bears to that amount, the same ratio as the number of months (in the determination of which a part of a month shall be reckoned as a full month), during which that company, co-operative or close corporation carried on that trade bears to 12 months;<\/span><\/p>\n

[Proviso to paragraph (i) substituted by section 26 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 at any time during the year of assessment, no holder of shares in the company or member of the close corporation or co-operative holds any shares or has any interest in the equity of any other company as defined in section 1<\/a>, other than-<\/span><\/p>\n

[Words preceding item (aa) substituted by section 20 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 a company contemplated in paragraph (a) of the definition of \u2018listed company\u2019;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any portfolio in a collective investment scheme contemplated in paragraph (e) of the definition of \u2018company\u2019;<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 a company contemplated in section 10(1)(e)<\/a>(i)(aa), (bb) or (cc);<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 less than 5 per cent of the interest in a social or consumer co-operative or a co-operative burial society as defined in section 1 of the Co-operatives Act, 2005 (Act No. 14 of 2005), or any other similar co-operative if all of the income derived from the trade of that co-operative during any year of assessment is solely derived from its members;<\/span><\/p>\n

<\/p>\n

(ee) \u00a0 any friendly society as defined in section 1 of the Friendly Societies Act, 1956 (Act No. 25 of 1956);<\/span><\/p>\n

<\/p>\n

(ff) \u00a0 \u00a0 less than 5 per cent of the interest in a primary savings co-operative bank or a primary savings and loans co-operative bank as defined in the Co-operative Banks Act, 2007, that may provide, participate in or undertake only the following \u2013<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 in the case of a primary savings co-operative bank, banking services contemplated in section 14(1)(a) to (d) of that Act; and<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 in the case of a primary savings and loans co-operative bank, banking services contemplated in section 14(2)(a) or (b) of that Act;<\/span><\/p>\n

<\/p>\n

(gg)\u00a0\u00a0\u00a0a venture capital company as defined in section 12J<\/a>;<\/span><\/p>\n

<\/p>\n

(hh) \u00a0 any company, close corporation or co-operative if the company, close corporation or co-operative \u2013<\/span><\/p>\n

<\/p>\n

(A) \u00a0 \u00a0 has not during any year of assessment carried on any trade; and<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 has not during any year of assessment owned assets, the total market value of which exceeds R5 000; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any company, co-operative or close corporation if the company, co-operative or close corporation has taken the steps contemplated in section 41<\/a>(4) to liquidate, wind up or deregister: Provided that this item ceases to apply if the company, co-operative or close corporation has at any stage withdrawn any step so taken or does anything to invalidate any step so taken, with the result that the company, co-operative or close corporation will not be liquidated, wound up or deregistered;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 not more than 20 per cent of the total of all receipts and accruals (other than those of a capital nature) and all the capital gains of the company, close corporation or co-operative consists collectively of investment income and income from the rendering of a personal service; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 such company is not a personal service provider as defined in the Fourth Schedule<\/a>;<\/span><\/p>\n","post_title":"\"Small business corporation\" definition of section 12E of ITA","collection_order":392,"collection":597,"post_modified":"2023-11-18 19:32:44","post_date":"2015-10-15 12:14:54"},{"ID":"714","post_content":"

(b) \u00a0 \u00a0 \u2018investment income\u2019<\/strong> means-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any income in the form of dividends, foreign dividends, royalties, rental derived in respect of immovable property, annuities or income of a similar nature;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any interest as contemplated in section 24J<\/a> (other than any interest received by or accrued to any co-operative bank as contemplated in paragraph (a)(ii)(ff)), any amount contemplated in section 24K<\/a> and any other income which, by the laws of the Republic administered by the Commissioner, is subject to the same treatment as income from money lent; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 any proceeds derived from investment or trading in financial instruments (including futures, options and other derivatives), marketable securities or immovable property;<\/span><\/p>\n

<\/p>\n

(c) \u00a0 \u00a0 \u2026\u2026\u2026<\/span><\/p>\n","post_title":"\"Investment income\" definition of section 12E of ITA","collection_order":393,"collection":597,"post_modified":"2021-01-02 21:49:46","post_date":"2015-10-15 12:14:54"},{"ID":"716","post_content":"

(d)\u00a0\u00a0\u00a0\u00a0 \u201cpersonal service\u201d<\/strong> in relation to a company, co-operative or close corporation, means any service in the field of accounting, actuarial science, architecture, auctioneering, auditing, broadcasting, consulting, draftsmanship, education, engineering, financial service broking, health, information technology, journalism, law, management, real estate broking, research, sport, surveying, translation, valuation or veterinary<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that service is performed personally by any person who holds an interest in that company, co-operative or close corporation or by any person that is a connected person in relation to any person holding such an interest; and<\/span><\/p>\n

[Subparagraph (i) substituted by section 26 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that company, co-operative or close corporation does not throughout the year of assessment employ three or more full-time employees (other than any employee who is a holder of a share in the company or a member of the co-operative or close corporation, as the case may be, or who is a connected person in relation to a holder of a share in the company or a member), who are on a full-time basis engaged in the business of that company, co-operative or close corporation of rendering that service.<\/span><\/p>\n","post_title":"\"Personal service\" definition of section 12E of ITA","collection_order":394,"collection":597,"post_modified":"2021-01-02 21:49:56","post_date":"2015-10-15 12:14:54"},{"ID":"719","post_content":"

12F.\u00a0\u00a0\u00a0\u00a0 Deduction in respect of airport and port assets<\/span><\/strong><\/p>\n","post_title":"Section 12F (ITA) - Deduction in respect of airport and port assets","collection_order":395,"collection":597,"post_modified":"2019-02-09 22:15:56","post_date":"2015-10-15 12:14:54"},{"ID":"721","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

\u201cairport asset\u201d<\/strong> means any aircraft hangar, apron, runway or taxiway on any designated airport, and includes any earthworks or supporting structures forming part of such aircraft hangar, apron, runway or taxiway and any improvements to such aircraft hangar, apron, runway or taxiway; and<\/p>\n","post_title":"\"Airport asset\" definition of section 12F of ITA","collection_order":396,"collection":597,"post_modified":"2019-02-09 22:16:03","post_date":"2015-10-15 12:14:54"},{"ID":"723","post_content":"

\u201cdesignated airport\u201d<\/strong> means an airport approved by the Minister, in consultation with the Minister of Transport, as a designated airport by notice in the Gazette<\/em> for purposes of this section; and<\/p>\n","post_title":"\"Designated airport\" definition of section 12F of ITA","collection_order":397,"collection":597,"post_modified":"2019-02-09 22:16:13","post_date":"2015-10-15 12:14:54"},{"ID":"725","post_content":"

\u00a0\u201cport asset\u201d<\/strong> means any port terminal, breakwater, sand trap, berth, quay wall, bollard, graving dock, slipway, single point mooring, dolos, fairway, surfacing, wharf, seawall, channel, basin, sand bypass, road, bridge, jetty or off-dock container depot, and includes any earthworks or supporting structures forming part of such terminal, breakwater, sand trap, berth, quay wall, bollard, graving dock, slipway, single point mooring, dolos, fairway, surfacing, wharf, seawall, channel, basin, sand bypass, road, bridge, jetty or depot and any improvements thereto.<\/p>\n","post_title":"\"Port asset\" definition of section 12F of ITA","collection_order":398,"collection":597,"post_modified":"2019-02-09 22:16:20","post_date":"2015-10-15 12:14:54"},{"ID":"727","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 In respect of any new and unused airport asset or port asset which \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is brought into use for the first time by such taxpayer; and<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 is used directly by such taxpayer solely for the purposes of carrying on the taxpayer\u2019s business as airport, terminal or transport operator or port authority,<\/span><\/p>\n

<\/p>\n

there shall be allowed to be deducted an allowance, in respect of an asset brought into use by the taxpayer on or before 28\u00a0February 2022, in the carrying on of a trade, in respect of the cost actually incurred by the taxpayer in respect of the acquisition (including the construction, erection or installation) of such asset to the extent that such asset is used in the production of the taxpayer\u2019s income.<\/p>\n

[Subsection\u00a0(2)\u00a0substituted by\u00a0section\u00a026(1)(e)\u00a0of\u00a0Act\u00a035 of 2007\u00a0and by\u00a0section\u00a022(c)\u00a0of\u00a0Act\u00a017 of 2009\u00a0and amended by\u00a0section\u00a016\u00a0of\u00a0Act\u00a023 of 2020\u00a0and by\u00a0section\u00a013\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

<\/p>\n

(2A)\u00a0 For the purposes of this section where a taxpayer completes improvements as contemplated in section 12N<\/a>, the expenditure incurred by the taxpayer to complete that improvement shall be deemed to be the cost actually incurred by that taxpayer in respect of the acquisition of a new and unused airport asset or port asset contemplated in subsection (2).<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The allowance contemplated in subsection (2) in respect of an asset shall, in respect of any one year of assessment, be five per, cent of the cost incurred in respect of that asset.<\/span><\/p>\n

<\/p>\n

(3A)\u00a0 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 year or any subsequent year in which such asset was used by the 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.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 For the 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 or the cost which a person would, if he had acquired the said asset under a cash transaction concluded at arm\u2019s length on the date on which the transaction for the acquisition of the said 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 or, where the asset has been acquired to replace an asset which has been damaged or destroyed, such cost less any amount which has been recovered or recouped in respect of the damaged or destroyed asset and has been excluded from the taxpayer\u2019s income in terms of section 8<\/a>(4)(e), whether in the current or any previous year of assessment.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section in respect of any asset which has been disposed of by the taxpayer during any previous year of assessment.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 The deductions which may be allowed or deemed to have been allowed in terms of this section and any other provision of this Act in respect of the cost of any asset shall not in the aggregate exceed the amount of such cost.<\/span><\/p>\n","post_title":"Subsections 2, 2A, 3, 3A, 4, 5 and 6 of section 12F of ITA","collection_order":399,"collection":597,"post_modified":"2023-01-21 21:31:29","post_date":"2015-10-15 12:14:54"},{"ID":"729","post_content":"

12H. \u00a0 \u00a0 Additional deduction in respect of learnership agreements<\/span><\/strong><\/p>\n","post_title":"Section 12H (ITA) - Additional deduction in respect of learnership agreements","collection_order":400,"collection":597,"post_modified":"2019-02-09 22:16:37","post_date":"2015-10-15 12:14:54"},{"ID":"731","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/span><\/p>\n

<\/p>\n

\u2018associated institution\u2019<\/strong>, in relation to any single employer, means-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the employer is a company, any other company which is associated with the employer company by reason of the fact that both companies are managed or controlled directly or indirectly by substantially the same persons;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the employer is not a company, any company which is managed or controlled directly or indirectly by the employer or by any partnership of which the employer is a member; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any fund established solely or mainly for providing benefits for employees or former employees of the employer or for employees or former employees of the employer and any company which is in terms of paragraph (a) or (b) an associated institution in relation to the employer, but excluding any fund established by a trade union or industrial council and any fund established for postgraduate research otherwise than out of moneys provided by the employer or by any associated institution in relation to the employer;<\/span><\/p>\n","post_title":"\"Associated institution\" definition of section 12H of ITA","collection_order":401,"collection":597,"post_modified":"2022-04-04 12:01:15","post_date":"2015-10-15 12:14:54"},{"ID":"733","post_content":"

\u2018employer\u2019<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where only one employer is party to a registered learnership agreement, that employer; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case where more than one employer is a party to a registered learnership agreement, the employer which is identified in that agreement as the lead employer;<\/span><\/p>\n","post_title":"\"Employer\" definition of section 12H of ITA","collection_order":402,"collection":597,"post_modified":"2022-04-04 12:01:19","post_date":"2015-10-15 12:14:54"},{"ID":"735","post_content":"

\u2018learner\u2019<\/strong> means a learner as defined in section 1 of the Skills Development Act, 1998;<\/p>\n","post_title":"\"Learner\" definition of section 12H of ITA","collection_order":403,"collection":597,"post_modified":"2019-02-09 22:17:02","post_date":"2015-10-15 12:14:54"},{"ID":"737","post_content":"

\u2018registered learnership agreement\u2019<\/strong> means a learnership agreement that is-<\/p>\n

\u00a0<\/strong><\/p>\n

(a)\u00a0\u00a0\u00a0 registered in accordance with the Skills Development Act, 1998; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0entered into between a learner and an employer before 1 April 2024;<\/span><\/p>\n

[Paragraph (b) substituted by section 30(1)(a) of Act 15 of 2016 and by section 14(1) of Act 20 of 2021 effective on 1 April, 2022 and applicable in respect of learnership agreements entered into on or after that date]<\/span><\/p>\n","post_title":"\"Registered learnership agreement\" definition of section 12H of ITA","collection_order":404,"collection":597,"post_modified":"2023-01-21 21:31:43","post_date":"2015-10-15 12:14:54"},{"ID":"739","post_content":"

\u2018SETA\u2019<\/strong> means a sector education and training authority established in terms of section 9(1) of the Skills Development Act, 1998, and defined as such in section 1 of that Act;<\/p>\n","post_title":"\"SETA\" definition of section 12H of ITA","collection_order":405,"collection":597,"post_modified":"2019-02-09 22:17:15","post_date":"2015-10-15 12:14:54"},{"ID":"741","post_content":"

\u2018Skills Development Act, 1998\u2019<\/strong> means the Skills Development Act, 1998 (Act No. 97 of 1998).<\/p>\n","post_title":"\"Skills Development Act, 1998\" definition of section 12H of ITA","collection_order":406,"collection":597,"post_modified":"2019-02-09 22:17:22","post_date":"2015-10-15 12:14:54"},{"ID":"743","post_content":"

(2)<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0In addition to any deductions allowable in terms of this Act and subject to paragraph (b), where-<\/span><\/p>\n

\n<\/p>

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0during any year of assessment a learner who holds a qualification to which an NQF level from 1 up to and including 6 has been allocated in accordance with Chapter 2 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), is a party to a registered learnership agreement with an employer; and<\/span><\/p>\n

\n<\/p>

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that agreement was entered into pursuant to a trade carried on by that employer,<\/span><\/p>\n

\n<\/p>

there must, in that year, be allowed to be deducted from the income derived by that employer from that trade an amount of R40 000.<\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0Where a learner is a party to a registered learnership agreement as contemplated in paragraph (a) for a period of less than 12 full months during the year of assessment contemplated in paragraph (a), the amount that is allowed to be deducted in terms of that\u00a0\u00a0\u00a0paragraph must be limited to an amount which bears to an amount of R40 000 the same ratio as the number of full months that the learner is a party to that agreement bears to 12.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0If a registered learnership agreement is registered as contemplated in paragraph (a) of the definition of \u2018registered learnership agreement\u2019 within a period of 12 months after the last day of the year of assessment contemplated in paragraph (a), the registered learnership agreement must be deemed to have been so registered on the date on which the registered learnership agreement was entered into as contemplated in paragraph (b) of that definition.<\/span><\/p>\n

[Subsection (2) amended by section 27 of Act 22 of 2012, substituted by section 30 of Act 15 of 2016 effective on 1 October 2016, applies in respect of learnership agreements entered into on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(2A)<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0In addition to any deductions allowable in terms of this Act and subject to paragraph (b), where-<\/span><\/p>\n

\n<\/p>

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0during any year of assessment a learner who holds a qualification to which an NQF level from 7 up to and including 10 has been allocated in accordance with Chapter 2 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), is a party to a registered learnership agreement with an employer; and<\/span><\/p>\n

\n<\/p>

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that agreement was entered into pursuant to a trade carried on by that employer,<\/span><\/p>\n

\n<\/p>

there must, in that year, be allowed to be deducted from the income derived by that employer from that trade an amount of R20 000.<\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0\u00a0Where a learner is a party to a registered learnership agreement as contemplated in paragraph (a) for a period of less than 12 full months during the year of assessment contemplated in paragraph (a), the amount that is allowed to be deducted in terms of that\u00a0\u00a0\u00a0paragraph must be limited to an amount which bears to an amount of R20 000 the same ratio as the number of full months that the learner is a party to that agreement bears to 12.<\/span><\/p>\n

\n<\/p>

(c)\u00a0\u00a0\u00a0\u00a0\u00a0If a registered learnership agreement is registered as contemplated in paragraph (a) of the definition of \u2018registered learnership agreement\u2019 within a period of 12 months after the last day of the year of assessment contemplated in paragraph (a), the registered learnership agreement must be deemed to have been so registered on the date on which the registered learnership agreement was entered into as contemplated in paragraph (b) of that definition.<\/span><\/p>\n

[Subsection (2A) inserted by section 30 of Act 15 of 2016 effective on 1 October 2016, applies in respect of learnership agreements entered into on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0In addition to any deductions allowable in terms of this Act, where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0during any year of assessment a learner who holds a qualification to which an NQF level from 1 up to and including 6 has been allocated in accordance with Chapter 2 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), is a party to a registered learnership agreement with an employer for a period of less than 24 full months;<\/span><\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that agreement was entered into pursuant to a trade carried on by that employer; and<\/span><\/p>\n

\n<\/p>

(c)\u00a0\u00a0\u00a0\u00a0\u00a0that learner successfully completes that learnership during that year of assessment,<\/span><\/p>\n

\u00a0<\/p>\n

there must, in that year, be allowed to be deducted from the income derived by that employer from that trade an amount of R40 000.<\/p>\n

[Subsection (3) substituted by section 30 of Act 15 of 2016 effective on 1 October 2016, applies in respect of learnership agreements entered into on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(3A)\u00a0\u00a0\u00a0\u00a0In addition to any deductions allowable in terms of this Act, where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0during any year of assessment a learner who holds a qualification to which an NQF level from 7 up to and including 10 has been allocated in accordance with Chapter 2 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), is a party to a registered learnership agreement with an employer for a period of less than 24 full months;<\/span><\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that agreement was entered into pursuant to a trade carried on by that employer; and<\/span><\/p>\n

\n<\/p>

(c)\u00a0\u00a0\u00a0\u00a0\u00a0that learner successfully completes that learnership during that year of assessment,<\/span><\/p>\n

\n<\/p>

there must, in that year, be allowed to be deducted from the income derived by that employer from that trade an amount of R20 000.<\/p>\n

[Subsection (3A) inserted by section 30 of Act 15 of 2016 effective on 1 October 2016, applies in respect of learnership agreements entered into on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0In addition to any deductions allowable in terms of this Act, where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0during any year of assessment a learner who holds a qualification to which an NQF level from 1 up to and including 6 has been allocated in accordance with Chapter 2 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), to a registered learnership agreement with an employer for a period that equals or exceeds 24 full months;<\/span><\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that agreement was entered into pursuant to a trade carried on by that employer; and<\/span><\/p>\n

\n<\/p>

(c)\u00a0\u00a0\u00a0\u00a0\u00a0that learner successfully completes that learnership during that year of assessment,<\/span><\/p>\n

\n<\/p>

there must, in that year, be allowed to be deducted from the income derived by that employer from that trade an amount of R40 000 multiplied by the number of consecutive 12 month periods within the duration of that agreement.<\/p>\n

[Subsection (4) substituted by section 30 of Act 15 of 2016 effective on 1 October 2016, applies in respect of learnership agreements entered into on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(4A)\u00a0\u00a0\u00a0\u00a0In addition to any deductions allowable in terms of this Act, where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0during any year of assessment a learner is a party who holds a qualification to which an NQF level from 7 up to and including 10 has been allocated in accordance with Chapter 2 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), to a registered learnership agreement with an employer for a period that equals or exceeds 24 full months;<\/span><\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that agreement was entered into pursuant to a trade carried on by that employer; and<\/span><\/p>\n

\n<\/p>

(c)\u00a0\u00a0\u00a0\u00a0\u00a0that learner successfully completes that learnership during that year of assessment,<\/span><\/p>\n

\n<\/p>

there must, in that year, be allowed to be deducted from the income derived by that employer from that trade an amount of R20 000 multiplied by the number of consecutive 12 month periods within the duration of that agreement.<\/p>\n

[Subsection (4A) inserted by section 30 of Act 15 of 2016 effective on 1 October 2016, applies in respect of learnership agreements entered into on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0Where a learner contemplated in subsection (2), (3) or (4) is a person with a disability (as defined in\u00a0section 6B<\/a>(1)) at the time of entering into the learnership agreement, the amounts contemplated in subsection (2), (3) or (4) must be increased by an amount of R20 000.<\/span><\/p>\n

[Subsection (5) substituted by substituted by section 21 of Act 43 of 2014 and section 30 of Act 15 of 2016 effective on 1 October 2016, applies in respect of learnership agreements entered into on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(5A)\u00a0\u00a0\u00a0Where a learner contemplated in subsection (2A), (3A) or (4A) is a person with a disability (as defined in\u00a0section 6B<\/a>(1)) at the time of entering into the learnership agreement, the amounts contemplated in subsection (2A), (3A) or (4A) must be increased by an amount of R30\u00a0000.<\/span><\/p>\n

[Subsection (5A) inserted by section 30 of Act 15 of 2016 effective on 1 October 2016, applies in respect of learnership agreements entered into on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(6) \u00a0 \u00a0This section does not apply in respect of any registered learnership agreement where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the learner that is the party to that agreement previously failed to complete any other registered learnership agreement to which the employer or an associated institution in relation to that employer was a party; and<\/span><\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0 the registered learnership agreement contains the same education and training component as that other registered learnership agreement.<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 Any SETA with which a learnership agreement has been registered as contemplated in the Skills Development Act, 1998, must submit to the Minister any information relating to that learnership agreement required by the Minister in the form and manner and at the place and time that the Minister prescribes.<\/span><\/p>\n

\u00a0<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 In respect of each year of assessment during which an employer is eligible for any deduction contemplated in this section, the employer must submit to the SETA with which the learnership agreement is registered any information relating to that learnership agreement required by the SETA in the form and manner and at the place and time indicated by the SETA.<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5, 6, 7 and 8 of section 12H of ITA","collection_order":407,"collection":597,"post_modified":"2019-02-09 22:17:29","post_date":"2015-10-15 12:14:54"},{"ID":"745","post_content":"

12I. \u00a0 Additional investment and training allowances in respect of industrial policy projects<\/span><\/strong><\/p>\n","post_title":"Section 12I (ITA) - Additional investment and training allowances in respect of industrial policy projects","collection_order":408,"collection":597,"post_modified":"2019-02-09 22:40:50","post_date":"2015-04-15 08:52:35"},{"ID":"747","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/p>\n

\u2018adjudication committee\u2019<\/strong> means the committee contemplated in subsection (16);<\/p>\n","post_title":"\"Adjudication committee\" definition of section 12I of ITA","collection_order":409,"collection":597,"post_modified":"2019-02-09 22:17:34","post_date":"2015-10-15 12:14:54"},{"ID":"749","post_content":"

\u2018brownfield project\u2019<\/strong> means a project that represents an expansion or upgrade of an existing industrial project;<\/p>\n","post_title":"\"Brownfield project\" definition of section 12I of ITA","collection_order":410,"collection":597,"post_modified":"2019-02-09 22:17:43","post_date":"2015-10-15 12:14:54"},{"ID":"10628","post_content":"

\u2018compliance period\u2019<\/strong> means the period-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 commencing at the beginning of the year of assessment following the year of assessment in which assets are first brought into use; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 ending at the end of the year of assessment three years after the year of assessment in which assets are first brought into use;<\/span><\/p>\n

[Definition of \u2018compliance period\u2019 inserted by section 22 of Act 25 of 2015 effective on 8 January 2009]<\/span><\/p>\n","post_title":"\"Compliance period\" definition of section 12I of ITA","collection_order":411,"collection":597,"post_modified":"2019-02-09 21:43:00","post_date":"2017-06-08 09:02:41"},{"ID":"751","post_content":"

\u2018cost of training\u2019<\/strong> means-<\/p>\n

\u00a0\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of training provided by the taxpayer, the cost of remuneration of employees of the taxpayer who are employed exclusively to provide training to the taxpayer\u2019s employees and the cost of training materials;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of training provided by a person that is a connected person in relation to the taxpayer, so much of the cost charged by the connected person as is incurred in respect of the remuneration of employees who are employed to provide training to the taxpayer\u2019s employees and the cost of materials used by the connected person to provide the training; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in any other case, the cost to the taxpayer of the training charged by the person providing the training;<\/span><\/p>\n","post_title":"\"Cost of training\" definition of section 12I of ITA","collection_order":412,"collection":597,"post_modified":"2019-02-09 22:17:48","post_date":"2015-10-15 12:14:54"},{"ID":"753","post_content":"

\u2018date of approval\u2019<\/strong> means the date of the approval contemplated in subsection (8);<\/p>\n","post_title":"\"Date of approval\" definition of section 12I of ITA","collection_order":413,"collection":597,"post_modified":"2019-02-09 22:17:55","post_date":"2015-10-15 12:14:54"},{"ID":"755","post_content":"

\u2018greenfield project\u2019<\/strong> means a project that represents a wholly new industrial project which does not utilise any manufacturing assets other than wholly new and unused manufacturing assets;<\/p>\n","post_title":"\"Greenfield project\" definition of section 12I of ITA","collection_order":414,"collection":597,"post_modified":"2019-02-09 22:18:07","post_date":"2015-10-15 12:14:54"},{"ID":"757","post_content":"

\u2018industrial project\u2019<\/strong> means a trade solely or mainly for the manufacture of products, goods, articles, or other things within the Republic that-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is classified under \u2018Section C: Manufacturing\u2019 in version 7 of the Standard Industrial Classification Code (referred to as the \u2018SIC Code\u2019) issued by Statistics South Africa; or<\/span><\/p>\n

[Paragraph (a) substituted by section 22 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of products, goods, articles or things which are not yet classified, the adjudication committee is of the view will be classified as contemplated in paragraph (a), but does not include \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 distilling, rectifying and blending of spirits (SIC Code 1101);<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 manufacture of wines (SIC Code 1102);<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 manufacture of malt liquors and malt (SIC Code 103);<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 manufacture of tobacco products (SIC Code 12);<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 manufacture of weapons and ammunition (SIC Code 252);<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 manufacture of bio-fuels if that manufacture negatively impacts on food security in the Republic;<\/span><\/p>\n

[Paragraph (b) substituted by section 22 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Industrial project\" definition of section 12I of ITA","collection_order":415,"collection":597,"post_modified":"2019-02-09 22:18:15","post_date":"2015-10-15 12:14:54"},{"ID":"759","post_content":"

\u2018manufacturing asset\u2019<\/strong> means any building, plant or machinery acquired, contracted for or brought into use by a company, which \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 will mainly be used by that company in the Republic for the purposes of carrying on an industrial project of that company within the Republic; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 will qualify for a deduction in terms of section 12C<\/a>(1)(a), 13<\/a> or 13 quat<\/em><\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

and includes any improvement to such building, plant or machinery.<\/p>\n","post_title":"\"Manufacturing asset\" definition of section 12I of ITA","collection_order":416,"collection":597,"post_modified":"2019-02-09 22:18:22","post_date":"2015-10-15 12:14:53"},{"ID":"761","post_content":"

(1A)\u00a0 For the purposes of this section, if a taxpayer completes an improvement as contemplated in section 12N<\/a>, the improvement shall be deemed to be a new and unused manufacturing asset and the expenditure incurred by the taxpayer to complete the improvement shall be deemed to be the cost of that new and unused manufacturing asset contemplated in subsection (2).<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(1B)\u00a0\u00a0\u00a0 For the purposes of this section, if a taxpayer completes an improvement on any land not owned by that taxpayer and that improvement consists of machinery or plant as contemplated in section 12C<\/a>(1)(a), that taxpayer shall be deemed to be the owner of that improvement.<\/span><\/p>\n

[Subsection (1B) inserted by section 22 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 In addition to any other deductions allowable in terms of this Act, a company may, subject to subsection (3), deduct an amount (hereinafter referred to as an additional investment allowance) equal to-<\/span><\/p>\n

\u00a0<\/p>\n

(a)<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 55 per cent of the cost of any new and unused manufacturing asset used in an industrial policy project with preferred status; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 100 per cent of the cost of any new and unused manufacturing asset used in an industrial policy project with preferred status that is located within a special economic zone; or<\/span><\/p>\n

[Subparagraph (ii) substituted by section 22 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act, operational on 9 February 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(b)<\/p>\n

\u00a0<\/p>\n

(i) \u00a0\u00a0\u00a0\u00a0 35 per cent of the cost of any new and unused manufacturing asset used in any industrial policy project other than an industrial policy project with preferred status; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 75 per cent of the cost of any new and unused manufacturing asset used in any industrial policy project other than an industrial policy project with preferred status that is located within a special economic zone;<\/span><\/p>\n

[Subparagraph (ii) substituted by section 22 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act, operational on 9 February 2016]<\/span><\/p>\n

\u00a0<\/p>\n

in the year of assessment during which that asset is first brought into use by the company as owner thereof for the furtherance of the industrial policy project carried on by that company, if that asset was acquired and contracted for on or after the date of approval and was brought into use within four years from the date of approval.<\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The additional investment allowance contemplated in subsection (2) may not exceed-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 R900 million in the case of any greenfield project with preferred status, or R550 million in the case of any other greenfield project from the date of approval;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 R550 million in the case of any brownfield project with preferred status, or R350 million in the case of any other brownfield project from the date of approval.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 In addition to any other deductions allowable in terms of this Act, a company may, subject to subsection (5), deduct an amount (hereinafter referred to as an additional training allowance) equal to the cost of training provided to employees in the year of assessment during which the cost of training is incurred for the furtherance of the industrial policy project carried on by that company.<\/span><\/p>\n

\u00a0<\/p>\n

(5)<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The cost of training contemplated in subsection (4) must be incurred by the end of the compliance period.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Notwithstanding subsection (2), there must be allowed to be deducted, not earlier than the year of assessment preceding the year in which the asset is brought into use, any amount in respect of the additional training allowance.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The additional training allowance contemplated in subsection (4) allowed to a company may not exceed R36 000 per employee.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 The additional training allowance contemplated in subsection (4) allowed to a company at the end of the compliance period from the date of approval may not exceed-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 R30 million in the case of an industrial policy project with preferred status; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 R20 million in the case of any other industrial policy project.<\/span><\/p>\n

[Subsectoin (5) substituted by section 22 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(6)<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Where a taxpayer is allowed a deduction in terms of subsection (2) in the current or any previous year of assessment, any balance of assessed loss carried forward by the taxpayer during a year of assessment must be increased by the amount by which that balance of assessed loss exceeds an amount equal to any balance of assessed loss that would have been carried forward during that year had that deduction not been allowed, multiplied by the rate contemplated in paragraph (a) of the definition of \u2018prescribed rate\u2019 as at the end of the year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Paragraph (a) does not apply in respect of any balance of assessed loss incurred by a taxpayer during any year of assessment more than four years after the year during which the approval contemplated in subsection (8) is granted.<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 An industrial project of a company constitutes an industrial policy project if-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the Minister of Trade and Industry, after taking into account the recommendations of the adjudication committee, is satisfied that-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the cost of all manufacturing assets to be acquired by the company for the purposes of the project will exceed-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 in the case of greenfield projects, R50 million; and<\/span><\/p>\n

[Item (aa) substituted by section 22 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 in the case of brownfield projects, the higher of-<\/span><\/p>\n

\u00a0<\/p>\n

(A) \u00a0 \u00a0R30 million; or<\/span><\/p>\n

\u00a0<\/p>\n

(B)\u00a0\u00a0\u00a0 the lesser of R50 million or 25 per cent of the expenditure incurred to acquire assets previously used in the project;<\/span><\/p>\n

\u00a0[Subitem (B) substituted by section 22 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the project does not constitute an industrial participation project and does not receive any concurrent industrial incentive provided by any national sphere of government; and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 the project is not integrally related to any other project of the company (or any other company that forms part of the same group of companies as that company) that has been approved as contemplated in subsection (8);<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (iv) deleted by section 22 of Act 25 of 2015 effective on 8 January 2009]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 more than 50 per cent of the manufacturing assets to be acquired by the company for the purposes of the project will be brought into use by that company within four years from the date of approval; and<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the application for approval of the project by the company is received by the Minister of Trade and Industry not later than 31 March 2020, in such form and containing such information as the Minister of Trade and Industry may prescribe.<\/span><\/p>\n

[Paragraph (d) substituted by section 26 of Act 7 of 2010, section 22 of Act 25 of 2015 and section 27 of Act 17 of 2017 effective on 31 March 2017]<\/span><\/p>\n

\u00a0<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 The Minister of Trade and Industry must, after taking into account the recommendations of the adjudication committee, approve an industrial project as an industrial policy project, either with or without preferred status, where that Minister is satisfied that the industrial policy project will significantly contribute to the Industrial Policy Programme within the Republic having regard to-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the extent to which the project will upgrade an industry within the Republic by-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 utilising innovative processes;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 utilising new technology that results in-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 improved energy efficiency; and<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 cleaner production technology; and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 providing skills development;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the extent to which the project will provide general business linkages within the Republic;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the extent to which the project will acquire goods or services from small, medium and micro enterprises;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (d) deleted by section 22 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n

\u00a0<\/p>\n

(e) \u00a0 \u00a0the extent to which the project will provide skills development in the Republic; and<\/span><\/p>\n

\u00a0<\/p>\n

(f) \u00a0\u00a0\u00a0 in the case of a greenfield project, the location of the project within a special economic zone.<\/span><\/p>\n

[Paragraph (f) substituted by section 22 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 Notwithstanding subsection (8), the Minister of Trade and Industry may not approve any industrial project where the potential additional investment and training allowances in respect of that project and all other approved industrial projects (other than those projects where the approval thereof has been withdrawn under subsection (12)), will in the aggregate exceed R20 billion.<\/span><\/p>\n

\u00a0<\/p>\n

(10)\u00a0\u00a0 The Minister of Finance, in consultation with the Minister of Trade and Industry, must make regulations prescribing-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the factors to be taken into account in determining whether the industrial project will significantly contribute to the Industrial Policy Programme within the Republic;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the factors to be taken into account in determining whether the project will provide general business linkages within the Republic;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the factors to be taken into account in determining whether goods or services will be acquired from small, medium and micro enterprises;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (d) deleted by section 22 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the extent to which the project must provide skills development in the Republic and the factors to be taken into account in determining whether the project provides skills development in the Republic;<\/span><\/p>\n

\u00a0<\/p>\n

(f) \u00a0 \u00a0 \u00a0the factors to be taken into account in determining the location of the project within a special economic zone.<\/span><\/p>\n

[Paragraph (f) substituted by section 22 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 the extent to which the project must improve energy efficiency and the factors to be taken into account in determining the extent to which the project must utilise new technology that results in improved energy efficiency and cleaner production technology; and<\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 what constitutes an industrial participation project and a concurrent industrial incentive.<\/span><\/p>\n

\u00a0<\/p>\n

(11) \u00a0 Within 12 months after the close of each year of assessment, starting with the year in which approval is granted in terms of subsection (8), a company carrying on an industrial policy project must report until the end of the compliance period to the adjudication committee with respect to the progress of the industrial policy project in terms of the requirements of subsections (7) and (8) within such time, in such form and in such manner as the Minister of Finance may prescribe.<\/span><\/p>\n

[Subsection (11) substituted by section 6 of Act 21 of 2012 and section 22 of Act 25 of 2015 effective on 8 January 2009]<\/span><\/p>\n

\u00a0<\/p>\n

(12)\u00a0\u00a0 Where in respect of any company carrying on an industrial policy project-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 during any year of assessment-<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 any material fact changes; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 the company fails to comply with any requirement contemplated in subsection (7), which would have had the effect that approval in terms of subsection (8) would not have been granted had such change in fact or such failure been known to the Minister of Trade and Industry at the time of granting approval; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the company fails to comply with any requirement contemplated in subsection (8) at the end of the compliance period;<\/span><\/p>\n

[Paragraph (a) substituted by section 22 of Act 25 of 2015 effective on 8 January 2009]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the company fails to submit a report to the adjudication committee as required in terms of subsection (11); or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the approval granted in terms of subsection (8) was based on fraudulent information or misrepresentation or non-disclosure of material facts,<\/span><\/p>\n

\u00a0<\/p>\n

the Minister of Trade and Industry may, after taking into account the recommendations of the adjudication committee, withdraw the approval granted in respect of that industrial policy project with effect from a date specified by that Minister, and must inform the Commissioner of that withdrawal and of that date.<\/p>\n

\u00a0<\/p>\n

(12A)\u00a0Where in respect of any company carrying on an industrial policy project the Minister of Trade and Industry approved that project as an industrial policy project with preferred status in terms of subsection (8) in accordance with Regulation 4 of the Regulations (GNR.639 of 23 July 2010:\u00a0Government Gazette<\/em>\u00a0No. 33385) as amended) and that project did not comply with the criteria of a project with preferred status at the end of the compliance period, the Minister of Trade and Industry may, after taking into account the recommendations of the adjudication committee, withdraw the approval granted in respect of that industrial policy project as an industrial policy project with preferred status and substitute that approval with an approval of the industrial policy project as a project with qualifying status with effect from a date specified by that Minister, and must inform the Commissioner of that withdrawal, substitution and of that date.<\/span><\/p>\n

[Subsection (12A) inserted by section 31 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

\u00a0<\/p>\n

(13)\u00a0\u00a0 The Commissioner may, notwithstanding the provisions of Chapter 6<\/a> of the Tax Administration Act<\/a>\u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 notify the Minister of Trade and Industry whenever the Commissioner discovers information that may cause a withdrawal of approval in terms of subsection (12);<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 disallow all deductions otherwise provided for under this section starting with the date of approval if the company is guilty of fraud or misrepresentation or non-disclosure of material facts with regard to any tax, duty or levy administered by the Commissioner and must notify the Minister of Trade and Industry accordingly; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0inform the Minister of Trade and Industry where any company has requested the Commissioner to issue a certificate contemplated in subsection (7)(b)(ii) and that certificate was denied;<\/span><\/p>\n

[Paragraph (c) amended by section 31 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0where the approval granted in respect of that industrial policy project as an industrial policy project with preferred status was withdrawn and substituted as an industrial policy project with qualifying status as contemplated in subsection (12A), make an appropriate adjustment to the taxable income of that company during the year of assessment in which that approval is substituted in relation to all deductions of the company as at the end of that year of assessment, having regard to all amounts which would have been deemed to have been incurred by that company had the provisions of this paragraph not been applicable during all years of assessment before that year of assessment and all amounts which have been deducted from the income of that company during those years of assessment.<\/span><\/p>\n

[Paragraph (d) added by section 31 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

\u00a0<\/p>\n

(14)\u00a0\u00a0The Commissioner may, notwithstanding the provisions of sections 99<\/a>(1) and 100<\/a> of the Tax Administration Act<\/a>, raise an additional assessment for any year of assessment where-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0an additional investment allowance which has been allowed in any previous year must be disallowed in terms of subsection (12) or (13); or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0an adjustment must be made as contemplated in subsection (13)(d).<\/span><\/p>\n

[Subsection\u00a0(14)\u00a0substituted by\u00a0section\u00a0271\u00a0read with\u00a0paragraph 36(b)\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011\u00a0and by\u00a0section\u00a031(c)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and amended by\u00a0section 5\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(15)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(16)\u00a0\u00a0 There shall for the purposes of this section be an adjudication committee which must consist of at least-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 three persons employed by the Department of Trade and Industry, appointed by the Minister of Trade and Industry; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 three persons employed by the National Treasury or the South African Revenue Service, appointed by the Minister of Finance:<\/span><\/p>\n

\u00a0<\/p>\n

Provided that the Minister of Trade and Industry or the Minister of Finance, as the case may be, may appoint alternative persons so employed if any person appointed in terms of paragraph (a) or (b) is not available to perform any function as a member of the committee.<\/p>\n

\u00a0<\/p>\n

(17)\u00a0\u00a0 The adjudication committee is an independent committee which performs its functions impartially and without fear, favour or prejudice and for the purpose of this section, the adjudication committee may-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 evaluate any application and make recommendations to the Minister of Trade and Industry for purposes of the approval of any industrial project in terms of subsection (8);<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 investigate or cause to be investigated any industrial policy project for the purposes of this section;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 monitor all industrial policy projects-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 to determine whether the objectives of this section are being achieved; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 to advise the Minister of Finance and the Minister of Trade and Industry on any future proposed amendment or adjustment thereof;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 require any company applying for approval of any industrial project as an industrial policy project in terms of this section to furnish such information or documents as are necessary for the committee and Minister of Trade and Industry to perform their functions in terms of this section;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 for a specific purpose and on such conditions and for such period as it may determine obtain the assistance of any person to advise the adjudication committee relating to any function assigned to the committee in terms of this section; and<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 appoint its own chairperson and determine the procedures for its meetings provided that all procedures must be properly recorded and minuted.<\/span><\/p>\n

\u00a0<\/p>\n

(18)\u00a0\u00a0 The members of the adjudication committee and any person whose assistance has been obtained by that committee may not-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 act in any way that is inconsistent with the provisions of subsection (17) or expose themselves to any situation involving the risk of a conflict between their responsibilities and private interests; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 use their position or any information entrusted to them, to enrich themselves or improperly benefit any other person.<\/span><\/p>\n

\u00a0<\/p>\n

(19)\u00a0\u00a0 The Minister of Trade and Industry-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0may, after taking into account the recommendations of the adjudication committee, extend the periods contemplated in subsections (2), (6)(b) and (7)(c) by a period not exceeding one year;<\/span><\/p>\n

[Paragraph (a) substituted by section 31 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

\u00a0<\/p>\n

(aA)\u00a0\u00a0may, if application is made to the adjudication committee, after taking into account the recommendations of the adjudication committee in respect of that application, extend the periods contemplated in\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0paragraph (b) of the definition of \u201ccompliance period\u201d in subsection (1); and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0subsections (2), (6)(b) and (7)(c),<\/span><\/p>\n

\u00a0<\/p>\n

by a period not exceeding two years, in addition to the extension of periods contemplated in\u00a0paragraph (a), if it is shown that the fundamental reason for non-compliance was the COVID-19 pandemic or any circumstances arising therefrom;<\/p>\n

[Paragraph (aA)\u00a0inserted by\u00a0section\u00a015(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0deemed effective on 1\u00a0January, 2020]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 must provide written reasons for any decision to grant or deny any application for approval of an industrial project as an industrial policy project in terms of subsection (8), or for any withdrawal of approval as contemplated in subsection (12);<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 must inform the Commissioner of the approval of any industrial project as an industrial policy project in terms of subsection (8), setting out such particulars as are required by the Commissioner to determine the amount of the additional investment allowance allowable in terms of this section;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 must publish the particulars of any application received from a company for approval of an industrial project as an industrial policy project in the Gazette<\/em> not later than 30 days after providing to that company the written reasons for any decision as contemplated in paragraph (b);<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 must submit an annual report to Parliament, and must provide a copy of that report to the Auditor-General, setting out the following information in respect of each company that received approval in terms of subsection (8):<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 The name of each company;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the description of each industrial policy project;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 the potential national revenue forgone by virtue of the deductions allowable in respect of that industrial policy project in terms of this section;<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 the annual progress relating to the direct benefits of the industrial policy project in terms of economic growth or employment, setting out the details of the factors contemplated in subsections (7) and (8) on the basis of which approval of the industrial project as an industrial policy project was granted;<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 any decision to withdraw the approval of an industrial policy project in terms of subsection (12); and<\/span><\/p>\n

\u00a0<\/p>\n

(vi)\u00a0\u00a0\u00a0 any decision not to withdraw the approval of an industrial policy project, despite any material change in facts.<\/span><\/p>\n

\u00a0<\/p>\n

(20)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (20) deleted by section 22 of Act 25 of 2015 effectve on 8 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(21)\u00a0\u00a0 Notwithstanding the provisions of Chapter 6<\/a> of the Tax Administration Act<\/a>, the Commissioner must disclose to the Minister of Trade and Industry and the adjudication committee, including any person whose assistance has been obtained by that committee, such information relating to the affairs of any company carrying on an industrial policy project as is necessary to enable the Minister of Trade and Industry and the adjudication committee to perform their functions in terms of this section.<\/span><\/p>\n

\u00a0<\/p>\n

(22)\u00a0\u00a0 Every employee of the Department of Trade and Industry and every member of the adjudication committee, including any person whose assistance has been obtained by that committee, must preserve and aid in preserving secrecy with regard to all matters that may come to their knowledge in the performance of their functions in terms of this section, and may not communicate any such matter to any person whatsoever other than to the company concerned or its legal representative, nor allow any such person to have access to any records in the possession or custody of that Department or committee, except in terms of the law or an order of court.<\/span><\/p>\n

\u00a0<\/p>\n

(23)\u00a0\u00a0 Any person who contravenes the provisions of subsections (18) and (22), is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.<\/span><\/p>\n

\u00a0<\/p>\n

(24)\u00a0\u00a0 For the purposes of this section the cost to a taxpayer of any manufacturing asset is deemed to be the lesser of the actual cost to the taxpayer or the cost which a person would, if the person had acquired that manufacturing asset under a cash transaction concluded at arm s length on the date on which the transaction for the acquisition was in fact concluded, have incurred in respect of the direct cost of the acquisition of the manufacturing asset.<\/span><\/p>\n","post_title":"Subsections 1A, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of section 12I of ITA","collection_order":417,"collection":597,"post_modified":"2024-01-12 09:25:22","post_date":"2015-10-15 12:14:53"},{"ID":"763","post_content":"

12J. \u00a0 Deductions in respect of expenditure incurred in exchange for issue of venture capital company shares<\/span><\/strong><\/p>\n","post_title":"Section 12J (ITA) - Deductions in respect of expenditure incurred in exchange for issue of venture capital company shares","collection_order":418,"collection":597,"post_modified":"2019-02-09 22:40:42","post_date":"2015-04-15 09:06:10"},{"ID":"765","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

\u2018impermissible trade\u2019<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any trade carried on in respect of immovable property, other than a trade carried on as an hotel keeper;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any trade carried on by a bank as defined in the Banks Act, a long-term insurer as defined in the Long-term Insurance Act, a short term insurer as defined in the Short-term Insurance Act and any trade carried on in respect of money-lending or hire-purchase financing;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any trade carried on in respect of financial or advisory services, including trade in respect of legal services, tax advisory services, stock broking services, management consulting services, auditing or accounting services;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any trade carried on in respect of gambling;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any trade carried on in respect of liquor, tobacco, arms or ammunition;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 any trade carried on mainly outside the Republic;<\/span><\/p>\n","post_title":"\"Impermissible trade\" definition of section 12J of ITA","collection_order":419,"collection":597,"post_modified":"2021-04-06 09:16:30","post_date":"2015-10-15 12:14:53"},{"ID":"768","post_content":"

\u2018junior mining company\u2019<\/strong> means any company that is solely carrying on a trade of mining exploration or production which is either an unlisted company as defined in section 41<\/a> or listed on the alternative exchange division of the JSE Limited;<\/p>\n","post_title":"\"Junior mining company\" definition of section 12J of ITA","collection_order":420,"collection":597,"post_modified":"2021-04-06 09:16:47","post_date":"2015-10-15 12:14:53"},{"ID":"770","post_content":"

\u2018qualifying company\u2019<\/strong> means any company if \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that company is a resident;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the company is not a controlled group company in relation to a group of companies of which a venture capital company to which that company has issued any share forms part from the date of issue of any such share and at any time during any year of assessment after that date\u037e<\/span><\/p>\n

[Paragraph (b) substituted by section 38(1)(c) of Act 24 of 2011, by section 29(1)(a) of Act 23 of 2018 and by section 17(1)(a) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the tax affairs of the company are in order and the company has complied with all the relevant provisions of the laws administered by the Commissioner;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the company is an unlisted company as defined in section 41<\/a> or a junior mining company;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0the company is not carrying on any impermissible trade;<\/span><\/p>\n

[Paragraph (e) substituted\u00a0by section 25 of Act 17 of 2009 and amended by section 29 of Act 23 of 2018 effective on 1 January 2019 and applies in respect of participation rights acquired on or after that date]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0during any year of assessment of that company that ends after the expiry of a period of 36 months commencing on the first date on which that company issued any share to a venture capital company-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the sum of the investment income, as defined in\u00a0section 12E<\/a>(4)(c), derived by that company does not exceed an amount equal to 20 per cent of the gross income of that company for that year; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0not more than 50 per cent of the aggregate amount received by or that accrued to that company from the carrying on of any trade was derived, directly or indirectly, from a person-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0\u00a0who holds a share in that venture capital company; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0who is a connected person in relation to a person referred to in item (aa);<\/span><\/p>\n

[Paragraph (f) substituted\u00a0\u00a0by section 25 of Act 17 of 2009 and section 29 of Act 23 of 2018 effective on 24 October 2018]<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0\u00a0no person who holds a share in a venture capital company to which that company has issued any share holds, directly or indirectly and whether alone or together with any connected person in relation to that person, more than 50 per cent of the participation rights, as defined in\u00a0section 9D<\/a>(1), or of the voting rights in that company; and<\/span><\/p>\n

[Paragraph (g) deleted by section 25 of Act 17 of 2009\u00a0and re-inserted by section 29 of Act 23 of 2018 effective on 1 January 2019 and applies in respect of participation rights acquired on or after that date]<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0\u00a0that company does not carry on any trade in relation to a venture, business or undertaking or part thereof that was acquired by that company, directly or indirectly, from a person-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0who holds a share in a venture capital company to which that company has issued any share; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0who is a connected person in relation to a person referred to in subparagraph (i);<\/span><\/p>\n

[Paragraph (h) inserted by section 29 of Act 23 of 2018 effective on 1 January 2019, applies in respect of any trade carried on which commenced on or after that date]<\/span><\/p>\n","post_title":"\"Qualifying company\" definition of section 12J of ITA","collection_order":421,"collection":597,"post_modified":"2021-04-06 09:17:36","post_date":"2015-10-15 12:14:53"},{"ID":"772","post_content":"

\u201cqualifying share\u201d<\/strong> means an equity share held by a venture capital company which is issued to that company by a qualifying company, and does not include any share which-<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0would have constituted a hybrid equity instrument, as defined in\u00a0section 8E<\/a>(1), but for the three-year period requirement contemplated in paragraph (b)(i) of the definition of \u201chybrid equity instrument\u201d in that section; or<\/span><\/p>\n

[Paragraph (b) substituted by section 29 of Act 23 of 2018 effective on 1 January 2019 applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 constitutes a third-party backed share as defined in section 8EA<\/a>(1);<\/span><\/p>\n","post_title":"\"Qualifying share\" definition of section 12J of ITA","collection_order":422,"collection":597,"post_modified":"2021-04-06 13:41:26","post_date":"2015-10-15 12:14:53"},{"ID":"774","post_content":"

\u201cventure capital company\u201d<\/strong>\u00a0means a company that has been approved by the Commissioner in terms of subsection (5) and in respect of which such approval has not been withdrawn in terms of subsection (3A), (3B), (6) or (6A);<\/p>\n

[Definition of \u201cventure capital company\u201d substituted by section 25 of Act 17 of 2009, amended by section 38 of Act 24 of 2011 and substituted by section 29 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Venture capital company\" definition of section 12J of ITA","collection_order":423,"collection":597,"post_modified":"2021-04-06 09:18:14","post_date":"2015-10-15 12:14:53"},{"ID":"776","post_content":"

\u201cventure capital share\u201d<\/strong>\u00a0means an equity share held by a taxpayer in a venture capital company which was issued to that taxpayer by that venture capital company, and does not include any share which-<\/p>\n

[Words preceding paragraph (b) substituted by\u00a0section 29 of Act 23 of 2018 effective on 1 January 2019 applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0would have constituted a hybrid equity instrument, as defined in\u00a0section 8E<\/a>(1), but for the three-year period requirement contemplated in paragraph (b)(i) of the definition of \u2018hybrid equity instrument\u2019 in that section;<\/span><\/p>\n

[Paragraph (b) substituted by\u00a0section 29 of Act 23 of 2018 effective on 1 January 2019 applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 constitutes a third-party backed share as defined in section 8EA<\/a>(1); or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0was issued to that taxpayer solely in respect or by reason of services rendered or to be rendered by that taxpayer in respect of the\u00a0incorporation, marketing, management or administration of that venture capital company or of any qualifying company in which that venture capital company holds or acquires any share.<\/span><\/p>\n

[Paragraph (d) added by section 29 of Act 23 of 2018 effective on 24 October 2018]<\/span><\/p>\n","post_title":"\"Venture capital share\" definition of section 12J of ITA","collection_order":424,"collection":597,"post_modified":"2021-04-06 09:18:31","post_date":"2015-10-15 12:14:53"},{"ID":"778","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to subsections (3), (3A), (3B) and (4), there must be allowed as a deduction from the income of a taxpayer in respect of a year of assessment expenditure actually incurred by that taxpayer in acquiring any venture capital share issued to that taxpayer during that year of assessment.<\/span><\/p>\n

[Sub\u00adsection (2) substituted by section 38(1)(i) of Act 24 of 2011 and by section 17(1)(b) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(3)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Where, during any year of assessment-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any loan or credit has been used by a taxpayer for the payment or financing of the whole or any portion of any expenditure contemplated in subsection (2); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any portion of that loan or credit is owed by the taxpayer on the last day of the year of assessment,<\/span><\/p>\n

<\/p>\n

the amount which may be taken into account as expenditure that qualifies for a deduction in terms of subsection (2) must be limited to the amount for which the taxpayer is in terms of paragraph (b) deemed to be at risk on the last day of the year of assessment.<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 For the purposes of paragraph (a), a taxpayer must be deemed to be at risk to the extent that-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the incurral of the expenditure contemplated in subsection (2); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the repayment of any loan or credit used by the taxpayer for the payment or financing of any expenditure contemplated in subsection (2),<\/span><\/p>\n

[Subparagraph (ii) substituted by section 23 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n

<\/p>\n

would (having regard to any transaction, agreement, arrangement, understanding or scheme entered into before or after such expenditure is incurred) result in an economic loss to the taxpayer were no income to be received by or accrue to the taxpayer in future years from the disposal of any venture capital share issued to the taxpayer as a result of the incurral of that expenditure: Provided that the taxpayer must not be deemed to be at risk to the extent that-<\/p>\n

<\/p>\n

(aa) \u00a0 the loan or credit is not repayable within a period of five years from the date on which that loan or credit was advanced to the taxpayer; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any loan or credit used by the taxpayer for the payment or financing of the whole or any portion of any expenditure contemplated in subsection (2) is (having regard to any transaction, agreement, arrangement, understanding or scheme entered into before or after such expenditure is incurred) granted directly or indirectly to the taxpayer by the venture capital company by which the qualifying shares are issued as a result of the incurral of that expenditure.<\/span><\/p>\n

<\/p>\n

(3A)\u00a0\u00a0 If, at the end of any year of assessment, after the expiry of a period of 36 months commencing on the first date of the issue of venture capital shares a taxpayer has incurred expenditure as contemplated in subsection (2) and that taxpayer is a connected person in relation to that venture capital company-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0no deduction must be allowed in terms of subsection (2) in respect of that year of assessment in respect of any expenditure incurred by the taxpayer in acquiring any venture capital share issued to that taxpayer by that venture capital company;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner must, after due notice to the venture capital company, withdraw any approval in terms of subsection (5) with effect from the date of that approval by the Commissioner of that company as a venture capital company in terms of that subsection; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner must withdraw the approval of that company in terms of subsection (5) and an amount equal to 125 per cent of the expenditure incurred by any person to acquire shares issued by the company must be included in the income of the company in the year of assessment in which the approval is withdrawn by the Commissioner,<\/span><\/p>\n

<\/p>\n

if corrective steps acceptable to the Commissioner are not taken by the company within a period stated in the notice contemplated in paragraph (b).<\/p>\n

[Subsection (3A) inserted by section 38 of Act 24 of 2011 and substituted by section 32 of Act 15 of 2016 effective on 21 July 2019]<\/span><\/p>\n

<\/p>\n

(3B)\u00a0\u00a0If any taxpayer holds, at the end of any year of assessment following the expiry of a period of 36 months commencing on the first date of the issue by a venture capital company of venture capital shares of any class, more than 20 per cent of the venture capital shares of that class-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0no deduction must be allowed in terms of subsection (2) in respect of that year of assessment in respect of any expenditure incurred by the taxpayer in acquiring any venture capital share of that class issued to that taxpayer by that venture capital company;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner must, after due notice to the venture capital company, withdraw any approval in terms of subsection (5) with effect from the commencement of that year of assessment; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0an amount equal to 125 per cent of the expenditure incurred by any person to acquire shares issued by the company must be included in the income of the company in the year of assessment in which the approval is withdrawn by the Commissioner under paragraph (b):<\/span><\/p>\n

<\/p>\n

Provided that\u2014<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0this subsection must not apply during any year of assessment where that taxpayer holds more than 20 per cent of the venture capital shares of a class and that venture capital company during that year of assessment gives notice to the Commissioner in writing that the venture capital company will cancel all the issued shares in that class of shares; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that venture capital company cancels all the issued shares in that class of shares within six months from the date on which that notice is given.<\/span><\/p>\n

[Subsection (3B) inserted by section 29(1)(j) of Act 23 of 2018 and amended by section 17(1) of Act 23 of 2020 deemed effective on 31 July, 2020 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(3C)\u00a0\u00a0The deduction to be allowed in terms of subsection (2) in respect of a year of assessment in respect of expenditure incurred during that year by a taxpayer that is-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 a company must not exceed R5 million\u037e and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 a person other than a company must not exceed R2,5 million.<\/span><\/p>\n

[Sub\u00adsection (3C) inserted by section 17(1)(c) of Act 34 of 2019 deemed effective on 21 July, 2019 and applicable in respect of expenditure incurred by the taxpayer on or after that date]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 A claim for a deduction in terms of subsection (2) must be supported by a certificate issued by the venture capital company stating the amounts invested in that company and that the Commissioner approved that company as contemplated in subsection (5).<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The Commissioner must approve a venture capital company if that company has applied for approval and the Commissioner is satisfied that \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the company is a resident;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the sole object of the company is the management of investments in qualifying companies;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the tax affairs of the company are in order and the company has complied with all the relevant provisions of the laws administered by the Commissioner;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0\u00a0the company is licensed in terms of\u00a0section 8(5)\u00a0of the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002).<\/span><\/p>\n

[Paragraph (g) substituted by section 29 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment commencing on or after that date.]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 If the Commissioner is satisfied that any venture capital company approved in terms of subsection (5) has during a year of assessment failed to comply with the provisions of that subsection, the Commissioner must after due notice to the company withdraw that approval from the commencement of that year if corrective steps acceptable to the Commissioner are not taken by the company within a period stated in that notice.<\/span><\/p>\n

<\/p>\n

(6A)\u00a0\u00a0If, at the end of any year of assessment, after the expiry of a period of 48 months commencing on the first date of the issue of venture capital shares-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 less than 80 per cent of the expenditure incurred by the company to acquire assets held by the company was incurred to acquire qualifying shares issued to the company by qualifying companies, each of which, immediately after the issue, held assets with a book value not exceeding \u2013<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 23 of Act 25 of 2015 effective on 1 January 2015]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 R500 million, where the qualifying company was a junior mining company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 R50 million, where the qualifying company was a company other than a junior mining company; or<\/span><\/p>\n

\u00a0[Paragraph (b) amended by section 38 of Act 24 of 2011 and substituted by section 23 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 more than 20 per cent of any amounts received in respect of the issue of shares in the company was utilised to acquire qualifying shares issued to the company by any one qualifying company,<\/span><\/p>\n

\u00a0[Paragraph (c) substituted by section 38 of Act 24 of 2011, section 23 of Act 43 of 2014 and section 23 of Act 25 of 2015 effective on 1 January 2015]<\/span><\/p>\n

<\/p>\n

the Commissioner must after due notice to the company withdraw that approval with effect from the commencement of the year of assessment during which the period ends that is stated in that notice during which corrective steps acceptable to the Commissioner must be taken if corrective steps acceptable to the Commissioner are not taken by the company within the period stated in that notice.<\/p>\n

[Sub\u00adsection (6A) inserted by section 25(1)(g) of Act 17 of 2009 and amended by section 23(1)(b) of Act 43 of 2014, by section 29(1)(l) of Act 23 of 2018 and by section 17(1)(d) of Act 34 of 2019 deemed effective on 21 July, 2019]<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 A company may apply for approval in terms of subsection (5) in respect of the year of assessment following the year of assessment during which approval was withdrawn in respect of that company in terms of subsection (6) or (6A) if the non-compliance which resulted in the withdrawal has been rectified to the satisfaction of the Commissioner.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 If the Commissioner withdraws the approval of a company in terms of subsection (6) or (6A), an amount equal to 125 per cent of the expenditure incurred by any person for the issue of shares held in the company must be included in the income of the company in the year of assessment in which the approval is withdrawn by the Commissioner.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0\u00a0Notwithstanding section 8<\/a>(4), no amount shall be recovered or recouped in respect of the disposal of a venture capital share or in respect of a return of capital if that share has been held by the taxpayer for a period longer than five year section.<\/span><\/p>\n

[Subsection (9) deleted by section 271 of Act 28 of 2011, re-inserted by section 23 of Act 43 of 2014 and substituted by section 28 of Act 17 of 2017 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0 A venture capital company must submit to the Minister a report providing the Minister with the information that the Minister may prescribe.<\/span><\/p>\n

<\/p>\n

(11)\u00a0\u00a0 No deduction shall be allowed under this section in respect of shares acquired after 30 June 2021.<\/span><\/p>\n","post_title":"Subsections 2, 3, 3A, 4, 5, 6, 6A, 7, 8, 10 and 11 of section 12J of ITA","collection_order":425,"collection":597,"post_modified":"2022-02-05 20:12:12","post_date":"2015-10-15 12:14:53"},{"ID":"780","post_content":"

12K \u2026\u2026.<\/span><\/strong><\/p>\n

[Section 12K inserted by section 26(1) of Act 17 of 2009, amended by section 37(1) of Act 31 of 2013 and repealed by section 18(1) of Act 34 of 2019 deemed effective on 1 June, 2019]<\/span><\/p>\n","post_title":"Section 12K (ITA) - Exemption of certified emission reductions","collection_order":426,"collection":597,"post_modified":"2021-01-02 21:56:33","post_date":"2015-10-15 12:14:53"},{"ID":"798","post_content":"

12L\u00a0\u00a0\u00a0\u00a0 Deduction in respect of energy efficiency savings<\/strong><\/p>\n

<\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0For the purpose of determining the taxable income derived by any person from carrying on any trade in respect of any year of assessment ending before 1 January 2026, there must be allowed as a deduction from the income of that person an amount in respect of energy efficiency savings by that person in respect of that year of assessment determined in accordance with subsection (2), subject to subsection (3).<\/span><\/p>\n

[Subsection\u00a0(1)\u00a0substituted by\u00a0section\u00a019(1)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and by\u00a0section\u00a09(1)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023]<\/span><\/p>\n

<\/p>\n

(2) \u00a0 \u00a0The amount of the deduction contemplated in subsection (1) must be calculated at 95 cents per kilowatt hour or kilowatt hour equivalent of energy efficiency savings.<\/span><\/p>\n

[Subsection (2) substituted by section 38 of Act 31 of 2013 and section 24 of Act 25 of 2015 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 A person claiming the deduction allowed in terms of subsection (1) during any year of assessment must obtain a certificate issued by an institution, board or body prescribed by the regulations contemplated in subsection (5) in respect of the energy efficiency savings for which a deduction is claimed in respect of that year of assessment containing-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the baseline at the beginning of the year of assessment;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the reporting period energy use at the end of the year of assessment;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the annual energy efficiency savings expressed in kilowatt hours or kilowatt hours equivalent for the year of assessment including the full criteria and methodology used to calculate the energy efficiency savings; and<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any other information prescribed by the regulations contemplated in subsection (5).<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 A deduction must not be allowed in terms of this section if the person claiming the allowance receives any concurrent benefit in respect of energy efficiency savings.<\/span><\/p>\n

<\/p>\n

(5) \u00a0 \u00a0 The Minister of Finance, in consultation with the Minister of Energy and the Minister of Trade and Industry, must make regulations prescribing-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the institution, board or body that must issue the certificate contemplated in subsection (3);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the powers and responsibilities of the institution, board or body contemplated in paragraph (a);<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the information that must be contained in the certificate contemplated in subsection (3) in addition to the information contemplated in that subsection;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 those benefits that constitute concurrent benefits for the purpose of subsection (4); and<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any limitation of energy sources in respect of which the allowance may be claimed.<\/span><\/p>\n","post_title":"Section 12L (ITA) - Deduction in respect of energy efficiency savings","collection_order":427,"collection":597,"post_modified":"2024-01-12 09:26:18","post_date":"2015-10-15 12:14:53"},{"ID":"800","post_content":"

12M. \u00a0 \u00a0 Deduction of medical lump sum payments<\/span><\/strong><\/p>\n","post_title":"Section 12M (ITA) - Deduction of medical lump sum payments","collection_order":428,"collection":597,"post_modified":"2019-02-09 22:20:35","post_date":"2015-10-15 12:14:53"},{"ID":"802","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/span><\/p>\n

\u00a0<\/p>\n

\u2018dependant\u2019<\/strong>, in relation to a former employee, means a spouse or any dependant (as defined in section 1 of the Medical Schemes Act);<\/p>\n","post_title":"\"Dependant\" definition of section 12M of ITA","collection_order":429,"collection":597,"post_modified":"2019-02-09 22:20:42","post_date":"2015-10-15 12:14:53"},{"ID":"804","post_content":"

\u2018insurer\u2019<\/strong> means an insurer as defined in section 29A<\/a>.<\/p>\n","post_title":"\"Insurer\" definition of section 12M of ITA","collection_order":430,"collection":597,"post_modified":"2019-02-09 22:20:47","post_date":"2015-10-15 12:14:53"},{"ID":"806","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 In determining the taxable income derived by any taxpayer in any year of assessment from carrying on any trade, there must be allowed as a deduction from the income of that taxpayer so derived any amount paid by way of a lump sum during the year of assessment by that taxpayer \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to any former employee of the taxpayer who has retired from the taxpayer\u2019s employ on grounds of old age, ill health or infirmity or to any dependant of that former employee; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 under any policy of insurance taken out with an insurer solely in respect of one or more former employees or dependants contemplated in paragraph (a),<\/span><\/p>\n

\u00a0<\/p>\n

but only to the extent that the amount is paid for the purposes of making any contribution, in respect of any former employee or dependant contemplated in paragraph (a), to any medical scheme or fund contemplated in section 6A<\/a>(2)(a)(i) or (ii):<\/p>\n

\u00a0<\/p>\n

Provided that no deduction may be allowed in terms of this section if the taxpayer making the payment, or a connected person in relation to that taxpayer, retains any further obligation, whether actual or contingent, relating to the mortality risk of any former employee or dependant contemplated in paragraph (a).<\/p>\n","post_title":"Subsection 2 of section 12M of ITA","collection_order":431,"collection":597,"post_modified":"2019-02-09 22:20:53","post_date":"2015-10-15 12:14:53"},{"ID":"808","post_content":"

12N.\u00a0\u00a0\u00a0 Deductions in respect of improvements not owned by taxpayer<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 If a taxpayer-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 holds a right of use or occupation of land or a building;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 effects an improvement on the land or to the building in terms of-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a Public Private Partnership;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an agreement in terms of which the right of use or occupation is granted, if the land or building is owned by-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa)\u00a0\u00a0\u00a0 the government of the Republic in the national, provincial or local sphere; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 any entity of which the receipts and accruals are exempt from tax in terms of section 10(1)(cA)<\/a> or (t); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 the Independent Power Producer Procurement Programme administered by the Department of Energy;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 incurs expenditure to effect the improvement contemplated in paragraph (b); and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 uses or occupies the land or building for the production of income or derives income from the land or building,<\/span><\/p>\n

\u00a0<\/p>\n

the taxpayer must for purposes of any deduction contemplated in\u00a0section 11D<\/a>,\u00a012B<\/a>,\u00a012BA<\/a>,\u00a012C<\/a>,\u00a012D<\/a>,\u00a012F<\/a>,\u00a012I<\/a>,\u00a012S<\/a>,\u00a013<\/a>,\u00a013ter<\/a>,\u00a013quat<\/a>,\u00a013quin<\/a>,\u00a013sex<\/a>, or 36<\/a>, and for the purposes of the\u00a0Eighth Schedule, be deemed to be the owner of the improvement so completed.<\/span><\/p>\n

[Subsection\u00a0(1)\u00a0amended by\u00a0section\u00a031(1)(d)\u00a0of\u00a0Act\u00a022 of 2012, by\u00a0section\u00a040(1)(d)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section\u00a024(1)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and by\u00a0section\u00a030\u00a0of\u00a0Act 23 of 2018.\u00a0Para (e)\u00a0amended by\u00a0section 18(1)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(2)<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 When the right of use or occupation terminates, the taxpayer must be deemed to have disposed of the improvement to the owner of the land or building on the later of the date when-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the right of use or occupation terminated; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the use or occupation ended.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 If the right of use or occupation terminates and the taxpayer-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 continues to use or occupy the land or building; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 renews the right of use or occupation,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

the renewed right of use or occupation must be deemed to be the same right of use or occupation as the right of use or occupation previously held by the taxpayer.<\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 This section does not apply if the taxpayer-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is a person carrying on any banking, financial services or insurance business; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 enters into an agreement whereby the right of use or occupation of the land or building is granted to any other person, unless-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the land or building is occupied by that other person and that other person is a company that is a member of the same group of companies as that taxpayer in terms of such an agreement;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the cost of maintaining the land or building and of carrying out repairs thereto required in consequence of normal wear and tear is borne by the taxpayer; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 subject to any claim that the taxpayer may have against the other person by reason of the other person\u2019s failure to take proper care of the land or building, the risk of destruction or loss of or other disadvantage to the land or building is not assumed by that other person.<\/span><\/p>\n","post_title":"Section 12N (ITA) - Deductions in respect of improvements not owned by taxpayer","collection_order":432,"collection":597,"post_modified":"2024-01-12 09:32:54","post_date":"2015-10-15 12:14:53"},{"ID":"10639","post_content":"

12NA. Deductions in respect of improvements on property in respect of which government holds a right of use or occupation<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 There shall be allowed to be deducted from the income of a person, expenditure actually incurred by that person to effect an improvement to land or to a building in terms of an obligation to effect those improvements to that land or to that building in terms of a Public Private Partnership if the government of the Republic in the national, provincial or local sphere holds the right of use or occupation of that land or building.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The amount allowed to be deducted in terms of this section in respect of any year of assessment shall be equal to the amount of expenditure contemplated in subsection (1) that has not been allowed to be deducted in terms of this section, divided by the number of years (including that year of assessment) for which the taxpayer will derive income in respect of the Public Private Partnership in terms of the agreement or 25 years, whichever is the lesser.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where any amount as contemplated in section (10)(1)(zI) is received by or accrues to a person from the government of the Republic in the national, provincial or local sphere for the purpose of effecting an improvement to land or a building or in respect of the defraying of the cost of any improvements in terms of the Public Private Partnership contemplated in subsection (1), the expenditure to be deducted in terms of this section shall be reduced in an amount equal to an amount that is exempt in terms of that section.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0This section shall not apply if the person effecting an improvement to land or to a building is a person carrying on any banking, financial services or insurance business.<\/span><\/p>\n

[Section 12NA inserted by section 25 of Act 43 of 2014 effective on 1 January 2013]<\/span><\/p>\n","post_title":"Section 12NA (ITA) - Deductions in respect of improvements on property in respect of which government holds a right of use or occupation","collection_order":433,"collection":597,"post_modified":"2019-02-09 21:42:48","post_date":"2017-06-08 09:29:40"},{"ID":"810","post_content":"

12O. \u00a0 \u00a0 Exemption in respect of films<\/span><\/strong><\/p>\n","post_title":"Section 12O (ITA) - Exemption in respect of films","collection_order":434,"collection":597,"post_modified":"2019-02-09 22:21:12","post_date":"2015-10-15 12:14:53"},{"ID":"812","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/p>\n

\u201ccompletion date\u201d<\/strong> means the date on which a qualifying film is for the first time in a form in which it can be regarded as ready for copies of it to be made and distributed, for presentation to the general public;<\/p>\n","post_title":"\"Completion date\" definition of section 12O of ITA","collection_order":435,"collection":597,"post_modified":"2019-02-09 22:21:20","post_date":"2015-10-15 12:14:53"},{"ID":"814","post_content":"

\u201cexploitation rights\u201d<\/strong> means the right to any receipts and accruals in respect of-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 the use of;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 the right of use of; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 the granting of permission to use,<\/span><\/p>\n

\u00a0<\/p>\n

any film to the extent that those receipts and accruals are wholly dependent on profits and losses in respect of the film;<\/p>\n","post_title":"\"Exploitation rights\" definition of section 12O of ITA","collection_order":436,"collection":597,"post_modified":"2019-02-09 22:21:25","post_date":"2015-10-15 12:14:53"},{"ID":"816","post_content":"

\u201cfilm\u201d<\/strong> means-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 a feature film;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 a documentary or documentary series; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 an animation,<\/span><\/p>\n

\u00a0<\/p>\n

conforming to the requirements stipulated by the Department of Trade and Industry in the Programme Guidelines for the South African Film and Television Production and Co-production Incentive;<\/p>\n","post_title":"\"Film\" definition of section 12O of ITA","collection_order":437,"collection":597,"post_modified":"2019-02-09 22:21:33","post_date":"2015-10-15 12:14:53"},{"ID":"818","post_content":"

\u201cNational Film and Video Foundation\u201d<\/strong> means the National Film and Video Foundation established by the National Film and Video Foundation Act, 1997 (Act No. 73 of 1997); and<\/p>\n","post_title":"\"National Film and Video Foundation\" definition of section 12O of ITA","collection_order":438,"collection":597,"post_modified":"2019-02-09 22:21:38","post_date":"2015-10-15 12:14:53"},{"ID":"820","post_content":"

\u201cspecial purpose corporate vehicle\u201d<\/strong> means a company responsible for the production of a film as required by the Department of Trade and Industry in terms of the Programme Guidelines for the South African Film and Television Production and Co-production Incentive.<\/p>\n","post_title":"\"Special purpose corporate vehicle\" definition of section 12O of ITA","collection_order":439,"collection":597,"post_modified":"2019-02-09 22:21:45","post_date":"2015-10-15 12:14:53"},{"ID":"822","post_content":"

(2) \u00a0 \u00a0 There must be exempt from normal tax the receipts and accruals in respect of income derived from the exploitation rights of a film-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if the National Film and Video Foundation has approved the film in terms of section 3(c) read with section 4(1) of the National Film and Video Foundation Act, 1997 (Act No. 73 of 1997), as a local production or co-production whereby a film is co-produced in terms of an international co-production agreement between the government of the Republic and the government of another country, which agreement must be subject to the Constitution;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if income is derived from the exploitation rights of the film-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by a person who acquired the exploitation rights in respect of that film prior to the date that the principal photography of that film commenced; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 by a person who acquired the exploitation rights in respect of that film after the date that principal photography of that film commenced but before the completion date of that film if consideration for those exploitation rights was not directly or indirectly paid or applied for the benefit of a person contemplated in subparagraph (i); and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 to the extent that the income is received or accrues within a period of 10 years after the completion date of that film.<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 No exemption shall be allowed under this section to a person that is a broadcaster as defined in section 1 of the Broadcasting Act, 1999 (Act No. 4 of 1999), or any person that is a connected person in relation to that broadcaster.<\/span><\/p>\n

<\/p>\n

(4)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Any-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 special purpose corporate vehicle; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 collection account manager that-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 manages exploitation rights under a collection account management agreement; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 is approved by the Minister for the purpose of this section by notice in the Gazette<\/em>,<\/span><\/p>\n

<\/p>\n

must provide a report to the National Film and Video Foundation containing such information, within such time and in such manner as is prescribed by the Minister when income arising from exploitation rights of a film is distributed to a person within a period of 10 years commencing from the completion date of the film.<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The National Film and Video Foundation must provide a report annually to the Minister in respect of all films approved in terms of subsection (2)(a) containing such information, within such time and in such manner as is prescribed by the Minister for a period of 10 years commencing from the completion date of a film if-<\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u00a0any income is received or accrues in respect of the film; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the income is eligible for the exemption under subsection (2).<\/span><\/p>\n

<\/p>\n

(5)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Notwithstanding section 23(f)<\/a>, a taxpayer may deduct from the income of the taxpayer an amount in respect of any expenditure incurred to acquire exploitation rights in respect of a film in accordance with paragraph (b).<\/span><\/p>\n

[Paragraph (a) substituted by section 25 of Act 25 of 2015 effective on 1 January 2012, applies in respect of receipts and accruals in respect of films of which principal photography commences on or after that date but before 1 January 2022]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The amount of the deduction contemplated in paragraph (a) is equal to the amount of any expenditure incurred as contemplated in that paragraph less any amount received or accrued during any year of assessment in respect of that film.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 No deduction may be made under this subsection to the extent that the expenditure was funded from a loan, credit or similar financing.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 The deduction contemplated in paragraph (a) may only be made in any year of assessment commencing at least two years after the completion date of the film to the extent that the amount of expenditure incurred exceeds the total amount received by or accrued to that taxpayer in respect of the exploitation rights.<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 Subsection (2) and paragraph (a) of this subsection cease to apply to any income derived from a film in any year of assessment subsequent to the date of a deduction made under paragraph (a) in respect of that film.<\/span><\/p>\n

<\/p>\n

(6)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 In addition to the exemption under subsection (2), any amount received by or accrued to a special purpose corporate vehicle by way of a grant payable by the State under the South African Film and Television Production and Co-production Incentive administered by the Department of Trade and Industry shall be exempt from normal tax subject to section 8<\/a>(4).<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where a special purpose corporate vehicle that received a grant contemplated in paragraph (a), or to whom such grant has accrued, pays the whole or any portion of the amount of the grant to another person pursuant to any exploitation rights in respect of that film, the exemption under this paragraph must also apply to the amount received by or accrued to that other person to the extent that the amount does not exceed any amount that the other person contributed to the production of the film.<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5 and 6 of section 12O of ITA","collection_order":440,"collection":597,"post_modified":"2019-02-09 22:40:30","post_date":"2015-04-15 10:16:06"},{"ID":"824","post_content":"

12P. \u00a0 \u00a0 Exemption of amounts received or accrued in respect of government grants<\/span><\/strong><\/p>\n","post_title":"Section 12P (ITA) - Exemption of amounts received or accrued in respect of government grants","collection_order":441,"collection":597,"post_modified":"2019-02-09 22:21:57","post_date":"2015-10-15 12:14:53"},{"ID":"826","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/p>\n

\u2018allowance asset\u2019<\/strong> means an asset as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>, other than trading stock, in respect of which a deduction or allowance is allowable in terms of this Act for purposes other than the determination of any capital gain or capital loss;<\/p>\n","post_title":"\"Allowance asset\" definition of section 12P of ITA","collection_order":442,"collection":597,"post_modified":"2019-02-09 22:22:05","post_date":"2015-10-15 12:14:53"},{"ID":"828","post_content":"

\u2018base cost\u2019<\/strong> means base cost as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>;<\/p>\n","post_title":"\"Base cost\" definition of section 12P of ITA","collection_order":443,"collection":597,"post_modified":"2019-02-09 22:22:10","post_date":"2015-10-15 12:14:53"},{"ID":"830","post_content":"

\u2018government grant\u2019<\/strong>\u00a0means a grant-in-aid, subsidy or contribution by the government of the Republic in the national,\u00a0provincial or local sphere.<\/p>\n

[Definition of \u201cgovernment grant\u201d substituted by section 33 of Act 15 of 2016 effective on 1 March 2016, applies in respect of grants received or expenditure incurred on or after that date]<\/span><\/p>\n","post_title":"\"Government grant\" definition of section 12P of ITA","collection_order":444,"collection":597,"post_modified":"2019-02-09 22:22:18","post_date":"2015-10-15 12:14:53"},{"ID":"832","post_content":"

(2) \u00a0 \u00a0 There must be exempt from normal tax any amount received by or accrued to a person as a beneficiary of a government grant if that government grant-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is listed in the Eleventh Schedule<\/a>; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is identified by the Minister by notice in the Gazette<\/em> for the purpose of exempting that government grant with effect from a date specified by the Minister in that notice (including any date that precedes the date of that notice), after having regard to-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the implications of the exemption for the National Revenue Fund; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 whether the tax implications were taken into account in allocating that grant.<\/span><\/p>\n

\u00a0<\/p>\n

(2A) \u00a0Notwithstanding subsection (2), there must be exempt from normal tax any amount received by or accrued to or in favour of any person from the Government in the national, provincial or local sphere, where-<\/span><\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0that amount is granted for the performance by that person of its obligations pursuant to a Public Private Partnership; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that person is required in terms of that Public Private Partnership to expend an amount at least equal to that amount in respect of any improvements on land or to buildings owned by any sphere of government or over which any sphere of government holds a servitude.<\/span><\/p>\n

[Paragraph (b) substituted by section 33 of Act 15 of 2016 effective on 1 March 2016, applies in respect of grants received or expenditure incurred on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(3) \u00a0 \u00a0 Where during any year of assessment any amount is received by or accrues to a person by way of a government grant as contemplated in subsection (2) or (2A), other than a government grant in kind, for the acquisition, creation or improvement, or as a reimbursement for expenditure incurred in respect of the acquisition, creation or improvement of-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 26 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 trading stock-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any expenditure incurred in respect of that trading stock allowed as a deduction in terms of section 11(a)<\/a> ;or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any amount taken into account in respect of the value of trading stock as contemplated in section 22<\/a>(1) or (2); or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an allowance asset, the base cost of that allowance asset, must be reduced to the extent that the amount of that government grant is applied for that purpose.<\/span><\/p>\n

\u00a0<\/p>\n

(4) \u00a0 \u00a0 Where any amount is received by or accrues to a person by way of a government grant as contemplated in subsection (2) or (2A) for the acquisition, creation or improvement of an allowance asset or as a reimbursement for expenditure incurred in respect of that acquisition, creation or improve ment, the aggregate amount of the deductions or allowances allowable to that person in respect of that allowance asset may not exceed an amount equal to the aggregate of the expenditure incurred in the acquisition, creation or improvement of that allowance asset, reduced by an amount equal to the sum of-<\/span><\/p>\n

\u00a0[Words preceding paragraph (a) substituted by section 26 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount of the government grant; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the aggregate amount of all deductions and allowances previously allowed to that person in respect of that allowance asset.<\/span><\/p>\n

\u00a0<\/p>\n

Provided that where a person referred to in this subsection qualifies for a deduction under\u00a0section 12BA<\/a>\u00a0in respect of an allowance asset, the aggregate amount of the deductions or allowances allowable to that person in respect of that allowance asset may not exceed an amount equal to 125 per cent of the aggregate amount otherwise determined in terms of this subsection<\/span><\/p>\n

[Subsection (4)\u00a0amended by\u00a0section\u00a026(1)(c)\u00a0of\u00a0Act\u00a025 of 2015\u00a0and by\u00a0section 19(1)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(5) \u00a0 \u00a0 Where during any year of assessment any amount is received by or accrues to a person by way of a government grant as contemplated in subsection (2) or (2A), other than a government grant in kind-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 26 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 for the purpose of the acquisition, creation or improvement of an asset other than an asset contemplated in subsection (3) or (4); or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 as a reimbursement for expenditure incurred for the acquisition, creation or improvement of an asset other than an asset contemplated in subsection (3) or (4),<\/span><\/p>\n

\u00a0<\/p>\n

the base cost of that asset must be reduced to the extent that the amount of the government grant is applied for that acquisition, creation or improvement.<\/p>\n

\u00a0<\/p>\n

(6)<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Where during any year of assessment-<\/span><\/p>\n

\u00a0<\/p>\n

(i) \u00a0 \u00a0 \u00a0any amount is received by or accrues to a person by way of a government grant as contemplated in subsection (2) or (2A), other than a government grant in kind; and<\/span><\/p>\n

[Subparagraph (i) substituted by section 26 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(ii) \u00a0 \u00a0 subsection (3), (4) or (5) does not apply to that amount, any amount allowed to be deducted from that person\u2019s income in terms of section 11 for that year of assessment must be reduced to the extent of the amount of that government grant.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 To the extent that the amount received or accrued by way of a government grant exceeds the amount allowed to be deducted as contemplated in paragraph (a), that excess is deemed to be an amount received or accrued in respect of that government grant during the following year of assessment for the purposes of paragraph (a).<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5 and 6 of section 12P of ITA","collection_order":445,"collection":597,"post_modified":"2024-01-12 09:36:20","post_date":"2015-10-15 12:14:53"},{"ID":"834","post_content":"

12Q. \u00a0 \u00a0 Exemption of income in respect of ships used in international shipping<\/span><\/strong><\/p>\n","post_title":"Section 12Q (ITA) - Exemption of income in respect of ships used in international shipping","collection_order":446,"collection":597,"post_modified":"2019-02-09 22:22:37","post_date":"2015-10-15 12:14:53"},{"ID":"4455","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section-<\/span><\/p>\n\n

\u2018international shipping\u2019<\/strong> means the conveyance for compensation of passengers or goods by means of the operation of a South African ship mainly engaged in international traffic;<\/p>\n","post_title":"\"International shipping\" definition of section 12Q of ITA","collection_order":447,"collection":597,"post_modified":"2019-06-19 11:04:13","post_date":"2016-05-03 11:10:37"},{"ID":"4457","post_content":"

\u2018international shipping company\u2019<\/strong> means a company that is a resident that operates one or more South African ships that are utilised in international shipping;<\/p>\n

[Definition of \u201cinternational shipping company\u201d substituted by section 29 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"\"International shipping company\" definition of section 12Q of ITA","collection_order":448,"collection":597,"post_modified":"2019-06-19 11:03:41","post_date":"2016-05-03 11:11:54"},{"ID":"4462","post_content":"

\u201cinternational shipping income\u201d<\/strong>\u00a0means 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\u00a0\u201cSouth African ship\u201d<\/strong>;<\/p>\n

[Definition of \u201cinternational shipping income\u201d 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.]<\/span><\/p>\n","post_title":"\"International shipping income\" definition of section 12Q of ITA","collection_order":449,"collection":597,"post_modified":"2020-05-27 19:34:01","post_date":"2016-11-17 14:33:16"},{"ID":"4464","post_content":"

\u201cSouth African ship\u201d<\/strong> means a ship-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0which is registered in the Republic in accordance with\u00a0Part\u00a01 of\u00a0Chapter 4\u00a0of the Ship Registration Act, 1998 (Act No. 58 of 1998); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 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.<\/span><\/p>\n

[Definition of\u201d South African ship\u201d 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.]<\/span><\/p>\n","post_title":"\"South African ship\" definition of section 12Q of ITA","collection_order":450,"collection":597,"post_modified":"2020-05-27 19:34:11","post_date":"2016-05-03 11:14:53"},{"ID":"4466","post_content":"

(2)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 There must be exempt from normal tax any international shipping income of any international shipping company.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 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.<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 The rate of dividends tax contemplated in section 64E<\/a> 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.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(4) \u00a0 \u00a0 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.<\/span><\/p>\n

[Subsection (4) added by section 42 of Act 31 of 2013 effectiive on 1 January 2015]<\/span><\/span><\/p>\n","post_title":"Subsections 2 and 3 of section 12Q of ITA","collection_order":451,"collection":597,"post_modified":"2019-02-09 21:47:51","post_date":"2016-05-03 11:16:03"},{"ID":"10646","post_content":"

12R.\u00a0\u00a0\u00a0 Special economic zones<\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n","post_title":"Section 12R (ITA) - Special economic zones","collection_order":452,"collection":597,"post_modified":"2019-02-09 21:42:36","post_date":"2017-06-08 09:41:20"},{"ID":"10648","post_content":"

\u2018qualifying company\u2019<\/strong> means a company-<\/p>\n

<\/p>\n

(a)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 incorporated by or under any law in force in the Republic or in any part thereof; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that has its place of effective management in the Republic;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that carries on a trade in a special economic zone designated by the Minister of Trade and Industry in terms of the Special Economic Zones Act and approved by the Minister of Finance after consultation with the Minister of Trade and Industry for the purposes of this section by notice in the Gazette<\/em>;<\/span><\/p>\n

[Paragraph (b) substituted by section 26 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act comes into operation, 9 February 2016 and by section 30 of Act 17 of 2017 effective on 9 February 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0if the trade contemplated in paragraph (b) is carried on from a fixed place of business situated within a special economic zone\u037e<\/span><\/p>\n

[Paragraph (c) substituted by section 30(1)(a) of Act 17 of 2017 and amended by section 20(1) of Act 34 of 2019 deemed effective on 1 January, 2019 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0if not less than 90 per cent of the income of that company is derived from the carrying on of a trade within one or more special economic zones\u037e and<\/span><\/p>\n

[Paragraph (d) substituted by section 26(1)(c) of Act 43 of 2014 and by section 30(1)(a) of Act 17 of 2017 and amended by section 20(1) of Act 34 of 2019 deemed effective on 1 January, 2019 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0 that\u2014<\/span><\/p>\n

<\/p>\n

(i)\u00a0 \u00a0\u00a0\u00a0\u00a0was carrying on any trade before 1 January 2013 in a location that is subsequently approved for the purpose of this section as a zone in terms of subsection (3)\u037e<\/span><\/p>\n

<\/p>\n

(ii) \u00a0\u00a0\u00a0\u00a0commenced, on or after 1 January 2013 the carrying on, in a location that is approved or subsequently approved for the purpose of this section as a zone in terms of subsection (3), of any trade not previously carried on by that company or any connected person in relation to that company in the Republic\u037e or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 commenced, on or after 1 January 2013 the carrying on, in a location that is approved or subsequently approved for the purpose of this section as a zone in terms of subsection (3), of any trade and that trade-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0comprises of the production of goods not previously produced by that company or any connected person in relation to that company in the Republic\u037e<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0utilises the use of new technology in that company\u2019s production processes\u037e or<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0represents an increase in the production capacity of that company in the Republic.<\/span><\/p>\n

[Paragraph (e) added by section 20(1) of Act 34 of 2019 deemed effective on 1 January, 2019 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"\"Qualifying company\" definition of section 12R of ITA","collection_order":453,"collection":597,"post_modified":"2021-02-10 09:18:11","post_date":"2017-06-08 09:42:34"},{"ID":"10652","post_content":"

\u2018SIC Code\u2019<\/strong> means version 7 of the Standard Industrial Classification Code issued by Statistics South Africa;<\/p>\n

[Definition of \u2018SIC Code\u2019 inserted by section 26 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016]<\/span><\/p>\n","post_title":"\"SIC Code\" definition of section 12R of ITA","collection_order":454,"collection":597,"post_modified":"2019-02-09 21:42:17","post_date":"2017-06-08 09:44:56"},{"ID":"10654","post_content":"

\u2018special economic zone\u2019<\/strong> means a special economic zone as defined in the Special Economic Zones Act that is approved for the purposes of this section by the Minister of Finance under subsection (3);<\/p>\n","post_title":"\"Special economic zone\" definition of section 12R of ITA","collection_order":455,"collection":597,"post_modified":"2019-02-09 21:42:09","post_date":"2017-06-08 09:45:42"},{"ID":"10656","post_content":"

\u2018Special Economic Zones Act\u2019<\/strong> means the Special Economic Zones Act, 2014 (Act No 16 of 2014).<\/p>\n

[Definition of \u2018Special Economic Zones Act\u2019 substituted by section 26 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016]<\/span><\/p>\n","post_title":"\"Special Economic Zones Act\" definition of section 12R of ITA","collection_order":456,"collection":597,"post_modified":"2019-02-09 21:42:01","post_date":"2017-06-08 09:46:38"},{"ID":"10658","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (2) substituted by section 26 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016, deleted by section 34 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The Minister of Finance must approve a special economic zone for purposes of this section after taking into account the financial implications for the State should a special economic zone be approved under this section.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Notwithstanding a qualifying company being located in a special economic zone-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a company is not a qualifying company if that company conducts any of the following activities classified under \u2018Section C: Manufacturing\u2019 in the SIC Code:<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 26 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016, substituted by section 34 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 Distilling, rectifying and blending of spirits (SIC Code 1101);<\/span><\/p>\n

[Subparagraph (i) substituted by section 26 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 Manufacture of wines (SIC Code 1102);<\/span><\/p>\n

[Subparagraph (ii) substituted by sectoin 26 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 Manufacture of malt liquors and malt (SIC Code 103);<\/span><\/p>\n

[Subparagraph (iii) substituted by section 26 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act operational on, 9 February 2016]<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 Manufacture of tobacco products (SIC Code 12);<\/span><\/p>\n

[Subparagraph (iv) substituted by section 26 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016]<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 Manufacture of weapons and ammunition (SIC Code 252);<\/span><\/p>\n

[Subparagraph (v) substituted by section 26 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016]<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 Manufacture of bio-fuels if that manufacture negatively impacts on food security in the Republic;<\/span><\/p>\n

[Subparagraph (vi) added by section 26 of Act 43 of 2014 and amended by section 28 of Act 25 of 2015 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a company that conducts any activity classified in the SIC Code, which the Minister of Finance may designate by notice in the\u00a0Gazette\u00a0<\/em>is not a qualifying company; or<\/span><\/p>\n

[Paragraph (b) substituted by section 26 of Act 43 of 2014 and amended by section 28 of Act 25 of 2015 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016, substituted by section 34 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a company is not a qualifying company if-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 34 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 more than 20 per cent of expenditure that is deductible under this Act is incurred; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 more than 20 per cent of the income of that company is received or accrued,<\/span><\/p>\n

<\/p>\n

in respect of transactions with any connected person in relation to that company if that connected person-<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 is a resident; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 is not a resident and those transactions are attributable to a permanent establishment of that connected person in the Republic.<\/span><\/p>\n

[Paragraph (c) added by section 28 of Act 25 of 2015 effective on the date on which the Special Economic Zones Act is operataional, 9 February 2016]<\/span><\/p>\n

<\/p>\n

(5) \u00a0\u00a0\u00a0\u00a0This provision ceases to apply in respect of any year of assessment commencing on or after 1 January 2031.<\/span><\/p>\n

[Subsection\u00a0(5)\u00a0substituted by\u00a0section 26(1)(i)\u00a0of\u00a0Act\u00a043 of 2014, amended by\u00a0section 30(1)(b)\u00a0of\u00a0Act 17 of 2017\u00a0and substituted by\u00a0section 18(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 9\u00a0February, 2016]<\/span>[Section 12R inserted by section 43 of Act 31 of 2013 and amended by section 26 of Act 43 of 2014 and section 28 of Act 25 of 2015 effective on the date on which the Special Economic Zones Act is operational, 9 February 2016]<\/span><\/p>\n","post_title":"Subsections 2, 3, 4 and 5 of section 12R of ITA","collection_order":457,"collection":597,"post_modified":"2022-02-05 20:12:36","post_date":"2017-06-08 09:49:13"},{"ID":"11558","post_content":"

12S.\u00a0\u00a0 Deduction in respect of buildings in special economic zones<\/span><\/strong><\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this section,\u00a0\u2018qualifying company\u2019<\/strong>\u00a0means a qualifying company as defined in section 12R, notwithstanding\u00a0section 12R<\/a>(4).<\/span><\/p>\n

[Subsection (1) substituted by section 35 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0A qualifying company may deduct from the income of that qualifying company an allowance equal to ten per cent of the cost to the qualifying company of any new and unused building owned by the qualifying company, or any new and unused improvement to any building owned by the qualifying company, if that building or improvement is wholly or mainly used by the qualifying company during the year of assessment for purposes of producing income within a special economic zone, as defined in\u00a0section 12R<\/a>(1), in the course of the taxpayer\u2019s trade, other than the provision of residential accommodation.<\/span><\/p>\n

[Subsection (2) substituted by section 27 of Act 43 of 2014 effective on the date on which the Special Economic Zones Act is operational]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0If a qualifying company completes an improvement as contemplated in\u00a0section 12N<\/a>, the expenditure incurred by the qualifying company to complete the improvement must be deemed to be the cost to the qualifying company of any new and unused building or of any new and unused improvement to a building contemplated in subsection (2).<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this section the cost to a qualifying company of any building or improvement must be deemed to be the lesser of the actual cost to the qualifying company or the cost which a person would, if that person had acquired, erected or improved the building under a cash transaction concluded at arm\u2019s length on the date on which the transaction for the acquisition, erection or improvement of the building was in fact concluded, have incurred in respect of the direct cost of the acquisition, erection or improvement of the building.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0No deduction may be allowed under this subsection in respect of any building that has been disposed of by the qualifying company during any previous year of assessment.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0A deduction may not be allowed under any other section of this Act in respect of the cost of a building or improvement if any of that cost has qualified or will qualify for deduction from the qualifying company\u2019s income as a deduction of expenditure or an allowance in respect of expenditure under this section.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0The deductions which may be allowed or deemed to have been allowed in terms of this section and any other provision of this Act in respect of the cost of any building or improvement may not in the aggregate exceed the amount of such cost.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may, notwithstanding the provisions of\u00a0sections 99<\/a>\u00a0and\u00a0100<\/a>\u00a0of the Tax Administration Act<\/a> disallow all deductions otherwise provided for under this section if a qualifying company is guilty of fraud or misrepresentation or non-disclosure of material facts with regard to any tax, duty or levy administered by the Commissioner.<\/span><\/p>\n

[Subsection (8) substituted by section 35 of Act 15 of 2016 effecive on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may, notwithstanding the provisions of\u00a0sections 99<\/a>\u00a0and\u00a0100<\/a>\u00a0of the Tax Administration Act<\/a>, raise an additional assessment for any year of assessment where a deduction that has been allowed in any previous year must be disallowed in terms of subsection (8).<\/span><\/p>\n

<\/p>\n

(10) \u00a0\u00a0This provision ceases to apply in respect of expenditure incurred during any year of assessment commencing on or after 1 January 2031.<\/span><\/span><\/p>\n

[Subsection\u00a0(10)\u00a0substituted by\u00a0section 19(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 9\u00a0February, 2016]<\/span><\/p>\n

[Section 12S\u00a0inserted by\u00a0section 44(1)\u00a0of\u00a0Act\u00a031 of 2013\u00a0effective on the date that the Special Economic Zones Act referred to in\u00a0section 12R\u00a0of this Act comes into operation: 9\u00a0February, 2016 (Proclamation No.\u00a0R.6 in\u00a0Government Gazette\u00a039667 of 9\u00a0February, 2016) and applicable in respect of years of assessment commencing on or after that date]\u00a0<\/span><\/p>\n","post_title":"Section 12S (ITA) - Deduction in respect of buildings in special economic zones","collection_order":458,"collection":597,"post_modified":"2022-02-05 20:12:51","post_date":"2017-06-16 11:38:15"},{"ID":"10662","post_content":"

12T.\u00a0\u00a0\u00a0 Exemption of amounts received or accrued in respect of tax free investments<\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/p>\n","post_title":"Section 12T (ITA) - Exemptions of amounts received or accrued in respect of tax free investments","collection_order":459,"collection":597,"post_modified":"2019-02-04 22:18:20","post_date":"2017-06-08 09:57:11"},{"ID":"10664","post_content":"

\u2018tax free investment\u2019<\/strong> means any financial instrument or policy as defined in section 29A<\/a>\u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 administered by a person or entity designated by notice by the Minister in the Gazette<\/em>;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 owned by-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a natural person; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the deceased estate or insolvent estate of a natural person that is deemed to be one and the same person as that natural person in respect of the contributions made by that person; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that complies with the requirements of the Regulations contemplated in subsection (8).<\/span><\/p>\n","post_title":"\"Tax free investment\" definition of section 12T of ITA","collection_order":460,"collection":597,"post_modified":"2019-02-04 22:18:05","post_date":"2017-06-08 09:58:29"},{"ID":"10666","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0There shall be exempt from normal tax any amount received by or accrued to a natural person or deceased estate or insolvent estate of that person in respect of a tax free investment.<\/span><\/p>\n

[Subsection (2) substituted by section 29 of Act 25 of 2015 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0In determining the aggregate capital gain or aggregate capital loss of a person in respect of any year of assessment, any capital gain or capital loss in respect of the disposal of a tax free investment shall be disregarded.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Contributions in respect of tax free investments shall be-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0limited to an amount of R36 000 in aggregate for any year or years of assessment during the period of 12 months commencing in March and ending at the end of February of the immediately following calendar year;<\/span><\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a09(1)(a)\u00a0of\u00a0Act 14 of 2017, by\u00a0section\u00a07(1)(a)\u00a0of\u00a0Act\u00a022 of 2020\u00a0and by\u00a0section\u00a020(1)(a)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect from 1\u00a0March, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an amount in cash; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 limited to an amount of R500 000 in aggregate.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0Any amount contemplated in subsection (2) shall not be taken into account in determining whether a person contributed in excess in respect of the amounts contemplated in subsections (4)(a) and (c).<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0Any-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 transfer of an amount in respect of a tax free investment of a person to another tax free investment of that person; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 amount received by or accrued in respect of a tax free investment,<\/span><\/p>\n

<\/p>\n

shall not be taken into account in determining whether that person contributed in excess of the amounts contemplated in subsections (4)(a) and (c) as a contribution in respect of that other tax free investment.<\/p>\n

<\/p>\n

(7)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0If during any year or years of assessment contemplated in subsection (4)(a) any person contributes in excess of the amount of R36 000 in respect of tax free investments, an amount equal to 40 per cent of that excess is deemed to be an amount of normal tax payable by the person contemplated in subsection (1)(b) in respect of that year of assessment or the last year of assessment when there is more than one year of assessment during the period of 12 months.<\/span><\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a029(1)(b)\u00a0of\u00a0Act\u00a025 of 2015, by\u00a0section\u00a09(1)(b)\u00a0of\u00a0Act\u00a014 of 2017, by\u00a0section\u00a07(1)(b)\u00a0of\u00a0Act\u00a022 of 2020\u00a0and by\u00a0section\u00a020(1)(b)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect from 1\u00a0March, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 If any person contributes in excess of R500 000 in aggregate in respect of tax free investments, an amount equal to 40 per cent of so much of that excess as has not previously been taken into account in terms of this subsection shall be deemed to be an amount of normal tax payable by the person contemplated in subsection 1(b) in respect of the year of assessment in which the excess is contributed.<\/span><\/p>\n

[Paragraph (b) substituted by section 29 of Act 25 of 2015 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Minister shall make regulations prescribing the requirements-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to which any financial instrument or policy as defined in section 29A<\/a> shall conform for the purposes of constituting a tax free investment;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that must be complied with when a tax free investment is transferred; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in respect of disclosure by any person contemplated in paragraph (a) of the definition of \u2018tax free investment\u2019 in subsection (1) in respect of a tax free investment.<\/span><\/p>\n

<\/p>\n

(9)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0The Financial Sector Conduct Authority shall be responsible for supervising and enforcing of compliance with any regulations made by the Minister in terms of subsection (8).<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0The supervising and enforcing compliance contemplated in paragraph (a) shall form part of the legislative mandate of the Financial Sector Conduct Authority.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0The Financial Sector Conduct Authority, acting through the Registrar, as defined in section 1 of the Financial Institutions (Protection of Funds) Act, 2001 (Act No. 28 of 2001), in supervising and enforcing compliance as contemplated in paragraph (a), shall exercise any power afforded to the Registrar as defined in section 1 of that Act and in any of the Acts contemplated in the definition of \u2018law\u2019 in section 1 of that Act.<\/span><\/p>\n

[Subsection (9) substituted by section 32 of Act 23 of 2018 effective on 1 April 2018 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5, 6, 7, 8 and 9 of section 12T of ITA","collection_order":461,"collection":597,"post_modified":"2024-03-06 20:33:34","post_date":"2017-06-08 10:00:36"},{"ID":"11563","post_content":"

12U.\u00a0\u00a0Additional deduction in respect of roads and fences in respect of production of renewable energy<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0There must be allowed to be deducted by a person any amount actually incurred during the year of assessment in which that expenditure is incurred, subject to subsection (3), in respect of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the construction of any road or the erecting of any fence and a foundation or supporting structure designed for such a fence for the purpose of trade of that person of generation of electricity which exceeds 5 megawatts from-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0wind power;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0solar energy;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0hydropower to produce electricity of not more than 30 megawatts; or<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0biomass comprising organic wastes, landfill gas or plant material; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0improvements (other than repairs) to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any road or fence contemplated in paragraph (a); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0foundation or supporting structure designed for such a fence, subject to subsection (2).<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0For the purpose of any deduction under subsection (1)-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the foundation or supporting structure designed for a fence must be constructed in such manner that the foundation or supporting structure is or should be regarded as being integrated with that fence; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the useful life of the foundation or supporting structure is or will be limited to the useful life of that fence.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0For purposes of deduction under subsection (1) any expenditure-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0actually incurred by that person prior to the commencement of and in preparation for carrying on that trade;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0which would have been allowed as a deduction in terms of subsection (1) had the expenditure been incurred after that person commenced carrying on that trade; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0which was not allowed as a deduction in any previous year of assessment,<\/span><\/p>\n

<\/p>\n

shall be allowed as a deduction in terms of this section.<\/p>\n

[Section 12U inserted by section 36 of Act 15 of 2016 effective on 1 April 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Section 12U (ITA) - Additional deduction in respect of roads and fences in respect of production of renewable energy","collection_order":462,"collection":597,"post_modified":"2019-02-04 22:06:40","post_date":"2017-06-16 11:52:40"},{"ID":"846","post_content":"

13. \u00a0 \u00a0 Deductions in respect of buildings used in a process of manufacture<\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Notwithstanding anything to the contrary contained in paragraph (ii) of the proviso to section 11(e)<\/a>, there shall be allowed to be deducted from the income of the taxpayer an allowance equal to two per cent of the cost (after the deduction of any amount referred to in subsection (3) or (7) or the corresponding provisions of any previous Income Tax Act) to the taxpayer of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any building the erection of which was commenced by the taxpayer on or after the fifteenth day of March, 1961, if such building was wholly or mainly used by the taxpayer during the year of assessment for the purpose of carrying on therein in the course of his trade (other than mining or farming) any process of manufacture, research and development or any other process which is of a similar nature, or such building was let by the taxpayer and was wholly or mainly used by a tenant or subtenant for the purpose of carrying on therein any process as aforesaid in the course of any trade (other than mining or farming); or;<\/span><\/p>\n

[Paragraph (b) substituted by section 40 of Act 24 of 2011 and section 30 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026..<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any building the erection of which was commenced on or after the fifteenth day of March, 1961, if such building has been acquired by the taxpayer by purchase from any other person who was entitled to an allowance in respect thereof under paragraph (b) or this paragraph or the corresponding provisions of any previous Income Tax Act, and such building was wholly or mainly used during the year of assessment by the taxpayer for the purpose of carrying on therein in the course of his trade (other than mining or farming) a process of manufacture, research and development or any other process which is of a similar nature, or such building was let by the taxpayer and was wholly or mainly used by a tenant or subtenant for the purpose of carrying on therein in the course of any trade (other than mining or farming) any process as aforesaid; or<\/span><\/p>\n

[Paragraph (d) substituted by section 40 of Act 24 of 2011 and section 30 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(dA)\u00a0 any building that has never been used, if such building has been acquired by the taxpayer by purchase from any other person and such building was wholly or mainly used during the year of assessment by the taxpayer for the purpose of carrying on therein in the course of his trade (other than mining or farming) a process of manufacture, research and development or any other process which is of a similar nature, or such building was let by the taxpayer and was wholly or mainly used by a tenant or subtenant for the purpose of carrying on therein in the course of any trade (other than mining or farming) any process as aforesaid; or<\/span><\/p>\n

[Paragraph (dA) inserted by section 13 of Act 19 of 2001 and substituted by section 40 of Act 24 of 2011 and section 30 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any improvements (other than repairs) to any building referred to in paragraph (a), (b), (c) or (d) which is during the year of assessment used as contemplated in that paragraph, if such improvements were commenced not later than the thirty\u2013<\/em>first day of March, 1971; or<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0any improvements (other than repairs) to any building, if such improvements were commenced on or after the first day of April, 1971, and such building was wholly or mainly used by the taxpayer during the year of assessment for the purpose of carrying on therein in the course of his trade (other than mining or farming) any process of manufacture or any other process which is of a similar nature, or such building was let by the taxpayer and was wholly or mainly used by a tenant or subtenant for the purpose of carrying on therein any process as aforesaid in the course of any trade (other than mining or farming):<\/span><\/p>\n

[Paragraph (f) substituted by section 37 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

Provided that \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 no allowance shall be made under this subsection in respect of such portion of the cost of any building the erection of which was commenced on or after 1 July 1961, or any improvements effected thereto as has been taken into account in the calculation of any allowance to the taxpayer under section 11(g)<\/a> whether in the current or any previous year of assessment;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of any such building the erection of which has or is commenced on or after 1 January 1989 and any such improvements which have or are commenced on or after that date, other than any building or improvements in respect of which the increased allowance contemplated in paragraph (c) of this proviso applies, the allowance under this subsection shall be increased to 5 per cent of the cost (after the deduction of any amount as provided in subsection (3)) to the taxpayer of such building or improvements; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 in the case of an improvement completed by a taxpayer as contemplated in section 12N<\/a>, the expenditure incurred by the taxpayer to complete the improvement shall for the purposes of this section be deemed to be the cost to the taxpayer of any building or improvement contemplated in this subsection.<\/span><\/p>\n

<\/p>\n

(1A)\u00a0 Where any building in respect of which any deduction of an allowance is claimed in terms of this section was during any previous financial year or years 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 or years, any deduction which could have been allowed during such previous year or years in terms of this section 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.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The aggregate of the allowances allowed under subsection (1) or the corresponding provisions of any previous Income Tax Act, or deemed to have been allowed in terms of subsection (1A), in respect of any building or improvements shall not exceed the cost (after the deduction of any amount referred to in subsection (3) or the corresponding provisions of any previous Income Tax Act) of such building or improvements, as the case may be, less the aggregate of any allowances made to the taxpayer in respect of such building or improvements, as the case may be, under subsection (7) or section 11(g)<\/a> or the corresponding provisions of any previous Income Tax Act.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 If in any year of assessment there falls to be included in a taxpayer\u2019s income in terms of paragraph (a) of section 8<\/a>(4) an amount which has been recovered or recouped in respect of any allowance made under subsection (1) or the corresponding provisions of any previous Income Tax Act in respect of any building or improvements, such portion of the amount so recovered or recouped as is set off against the cost of a further building as hereinafter provided shall, notwithstanding the provisions of the said paragraph, at the option of the taxpayer and provided the taxpayer purchases or erects within twelve months or such further period as the Commissioner may allow from the date on which the event giving rise to the recovery or recoupment occurred, any other building to which the provisions of subsection (1) apply, not be included in the taxpayer\u2019s income for that year of assessment, but shall be set off against so much of the cost to the taxpayer of that further building purchased or erected by the taxpayer as remains after the deduction of any portion of such cost in respect of which an allowance has been granted to the taxpayer under section 11(g)<\/a>, whether in the current or any previous year of assessment.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 The provisions of this section shall mutatis mutandis<\/em> apply with reference to any permanent shipbuilding structure the erection of which was commenced by the taxpayer on or after the first day of January, 1966, and the cost of improvements (other than repairs) effected thereto if such structure was wholly or mainly used during the year of assessment for the purposes of the shipbuilding trade, and for the purposes of this subsection any reference in the said provisions to a building shall be construed as a reference to a shipbuilding structure and any reference therein to improvements to a building shall be construed as a reference to improvements to a shipbuilding structure.<\/span><\/p>\n","post_title":"Section 13 (ITA) - Deductions in respect of buildings used in the process of manufacture","collection_order":463,"collection":597,"post_modified":"2019-02-09 22:22:48","post_date":"2015-10-15 12:14:52"},{"ID":"848","post_content":"

(9)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

\u201cimprovements\u201d<\/strong>, in relation to any improvements commenced on or after the first day of April, 1971, means any extension, addition or improvements (other than repairs) to a building which is or are effected for the purpose of increasing or improving the industrial capacity of the building;<\/p>\n","post_title":"\"Improvements\" definition of section 13 of ITA","collection_order":464,"collection":597,"post_modified":"2019-02-09 22:40:25","post_date":"2015-04-15 10:31:43"},{"ID":"850","post_content":"

\u201cshipbuilding structure\u201d<\/strong> means any launching way, fitting\u2013<\/em>out quay or craneway which is not part of a building.<\/p>\n","post_title":"\"Shipbuilding structure\" definition of section 13 of ITA","collection_order":465,"collection":597,"post_modified":"2019-02-09 22:22:56","post_date":"2015-10-15 12:14:52"},{"ID":"852","post_content":"

13bis. \u00a0 \u00a0 Deductions in respect of buildings used by hotel keepers<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Notwithstanding anything to the contrary contained in paragraph (ii) of the proviso to paragraph (e) of section 11<\/a>, there shall be allowed to be deducted from the income of any taxpayer for any year of assessment ending on or after the first day of January, 1964, an allowance equal to two per cent of the cost (after the set\u2013<\/em>off of any amount as provided in subsection (6)) to the taxpayer \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 of any building the erection of which was commenced by the taxpayer on or after the first day of January, 1964, and of any improvements (other than repairs) thereto commenced not later than the thirtieth day of June, 1965, if such building \u2013<\/em><\/span><\/p>\n


<\/em><\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 was brought into use not later than the thirtieth day of June, 1965; and<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 was during the year of assessment wholly or mainly used by the taxpayer for the purpose of carrying on therein his trade of hotel keeper or was during such year let by the taxpayer and wholly or mainly used by the lessee for the purpose of carrying on therein the lessee\u2019s trade of hotel keeper;<\/span><\/p>\n


<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 of such portion \u2013<\/em><\/span><\/p>\n


<\/em><\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 of any building (other than a building in respect of the cost of which an allowance under the preceding provisions of this subsection is or was deductible from the income of the taxpayer for the current or any previous year of assessment) the erection of which was commenced by the taxpayer on or after the first day of January, 1964; or<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 of any improvements (other than repairs) to any building referred to in this paragraph, if such improvements were commenced on or after the first day of January, 1964; or<\/span><\/p>\n

[Subparagraph (ii) substituted by section 31 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n


<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 of any improvements (other than repairs) to any building referred to in paragraph (c), if such improvements were commenced on or after the first day of July, 1965,<\/span><\/p>\n


<\/span><\/p>\n

as \u2013<\/em><\/p>\n


<\/em><\/p>\n

(aa) \u00a0 was during the year of assessment used by the taxpayer for the purpose of carrying on therein his trade of hotel keeper; or<\/span><\/p>\n


<\/span><\/p>\n

(bb)\u00a0\u00a0 was during such year let by the taxpayer and used by the lessee for the purpose of carrying on therein the lessee\u2019s trade of hotel keeper; or<\/span><\/p>\n


<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0of such portion of any building improvements (other than repairs and other than improvements in respect of the cost of which, or of any portion thereof, an allowance under the preceding provisions of this subsection is or was deductible from the income of the taxpayer for the current or any previous year of assessment) commenced on or after 1 January 1964, as was during the year of assessment in question used by the taxpayer for the purposes of the taxpayer\u2019s trade of hotel keeper or was during the year of assessment in question let by the taxpayer and used by the lessee for the purposes of the lessee\u2019s trade of hotel keeper:<\/span><\/p>\n

[Paragraph (e) substituted by section 13 of Act 113 of 1993, section 12 of Act 21 of 1994 and section 33 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n


<\/span><\/p>\n

Provided that no allowance shall be made under this subsection in respect of such portion of the cost of any building the erection of which was commenced on or after the first day of July, 1961, or any improvements effected thereto, as has been taken into account in the calculation of any allowance to the taxpayer under paragraph (g) of section eleven, whether in the current or any previous year of assessment: Provided further that in the case of any such building the erection of which has or is commenced on or after 4 June 1988 and any such improvements which have or are commenced on or after that date the allowance under this subsection shall be increased to 5 per cent of the cost (after the set\u00adoff of any amount as provided in subsection (6)) to the taxpayer of such building or improvements: Provided further that to the extent to which any portion of any such improvements which have or are commenced on or after 17 March 1993 does not extend the existing exterior framework of the building, the allowance under this subsection shall be increased to 20 percent of the cost of such portion.<\/p>\n

[Sub\u00adsection (1) amended by section 13(a) of Act 90 of 1988, by section 13(1)(c) of Act 13 of 1993 and by section 21 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(1A)\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (1A) inserted by section 31 of Act 7 of 2010 and deleted by section 33 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 In addition to any allowance under subsection (1), there shall be allowed to be deducted from the income of the taxpayer an allowance in respect of the cost (after the set\u2013<\/em>off of any amount as provided in subsection (6)) of any building or improvements referred to in paragraph (c) of subsection (1) or of any portion of any building or improvements referred to in paragraph (d) or (e) of subsection (1), provided such building (or a portion thereof), or the building (or a portion thereof) to which such improvements were effected, as the case may be, was during the year of assessment in question registered as an hotel under the Hotels Act, 1965, and such hotel was on the last day of such year graded by the board established under that Act: Provided that no allowance shall be made under this subsection in respect of such portion of the cost of any building or any improvements as has been taken into account in the calculation of any allowance to the taxpayer under paragraph (g) of section 11<\/a>, whether in the current or any previous year of assessment.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The allowance under subsection (2) in respect of the cost (as reduced in terms of that subsection) of any building (or portion thereof) or of any improvements (or a portion thereof) shall be such percentage of such cost as may be fixed by the Minister of Finance by regulation under subsection (4) for the grade of hotel which is, in terms of a determination of the board referred to in subsection (2), applicable in respect of the hotel in question on the last day of the year of assessment: Provided that where such hotel is graded by the said board for the first time during any year of assessment (hereinafter referred to as the subsequent year) subsequent to any year of assessment (hereinafter referred to as the earlier year) during which such building (or the relevant portion thereof) or such improvements (or the relevant portion thereof) was or were used in carrying on the trade of hotel keeper, and the taxpayer is entitled to the said allowance in respect of the subsequent year, the allowance for the subsequent year (as determined in accordance with the said regulation) shall, if-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 33\u00a0of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such building (or the relevant portion thereof) or such improvements (or the relevant portion thereof), as the case may be, is or are completed not later than the thirty\u2013<\/em>first day of December, 1969; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where such hotel was not during the earlier year registered under the Hotels Act, 1965, it became so registered during the period ending on the thirtyfirst day of December, 1969, or the period of twelve months reckoned from the date of completion of such building (or the relevant portion thereof) or of such improvements (or the relevant portion thereof), as the case may be, whatever period ends later,<\/span><\/p>\n


<\/span><\/p>\n

be increased by an amount equal to the allowance to which the taxpayer would have been entitled under the said regulation in respect of the said cost if such regulation had at all relevant times been in force and the grading of such hotel by the said board which was applicable on the last day of the subsequent year had also applied on the last day of the earlier year.<\/p>\n

<\/p>\n

(3A)\u00a0 Where any building in respect of which any deduction of an allowance is claimed in terms of this section was during any previous financial year or years 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 or years, any deduction which could have been allowed during such previous year or years in terms of this section 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.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The Minister of Finance may make regulations prescribing the rates of the allowances under subsection (2) in respect of the various grades of hotels determined under the provisions of subsection (1) of section fifteen of the Hotels Act, 1965, and may in such regulations prescribe rates which vary according to the grade of hotel or the year of assessment for which any such allowance may be made: Provided that any rate so prescribed in respect of any year of assessment in respect of any grade of hotel shall not exceed eight per cent. of the cost or portion thereof on which the relevant allowance is to be calculated.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The deductions which may be allowed or deemed to have been allowed in terms of this section and any other provision of this Act in respect of the cost of any building or improvement shall not in the aggregate exceed the amount of such cost.<\/span><\/p>\n

[Subsection (5) substituted by section 21 of Act 59 of 2000 and section 31 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(6)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 If in any year of assessment there falls to be included in a taxpayer\u2019s income in terms of paragraph (a) of subsection (4) of section 8<\/a> an amount which has been recovered or recouped in respect of any allowance made under the preceding provisions of this section or the provisions of subsection (1) of section 13<\/a>, as applied by subsection (4) of that section, or the corresponding provisions of any previous Income Tax Act, in respect of any building or portion thereof or any improvements or portion thereof, so much of the amount so recovered or recouped as is set off against the cost of a further building as hereinafter provided shall, notwithstanding the provisions of the said paragraph, at the option of the taxpayer and provided the taxpayer erects within twelve months or such further period as the Commissioner may allow from the date on which the event giving rise to the recovery or recoupment occurred, any other building in respect of the cost of which an allowance is made under the preceding provisions of this section, not be included in the taxpayer\u2019s income for that year of assessment, but shall be set off against so much of the cost to the taxpayer of such further building erected by the taxpayer as remains after the deduction of any portion of that cost in respect of which an allowance has been granted to the taxpayer under paragraph (g) of section eleven, whether in the current or any previous year of assessment.<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where any allowance has been made under the provisions of subsection (1) of section 13<\/a>, as applied by subsection (4) of that section, in respect of the cost of any building, any amount which has in terms of subsection (3) of that section been set off against such cost, shall be set off against such cost in the calculation of any allowance made in respect thereof under the preceding provisions of this section.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(8) \u00a0 \u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 The allowance under subsection (2) shall not be granted in respect of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any building the erection of which has or is commenced on or after 4 June 1988; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any improvements which have or are commenced on or after that date.<\/span><\/p>\n","post_title":"Section 13bis (ITA) - Deductions in respect of buildings used by hotel keepers","collection_order":466,"collection":597,"post_modified":"2021-02-10 09:18:44","post_date":"2015-10-15 12:14:52"},{"ID":"855","post_content":"

13ter. \u00a0 Deductions in respect of certain residential buildings<\/span><\/strong><\/p>\n","post_title":"Section 13ter (ITA) - Deductions in respect of residential buildings","collection_order":467,"collection":597,"post_modified":"2019-02-09 22:23:17","post_date":"2015-10-15 12:14:52"},{"ID":"857","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

\u201chousing project\u201d<\/strong> means any project for the erection of a building or buildings in the Republic consisting of or including at least five residential units;<\/p>\n","post_title":"\"Housing project\" definition of section 13ter of ITA","collection_order":468,"collection":597,"post_modified":"2019-02-09 22:23:24","post_date":"2015-10-15 12:14:52"},{"ID":"859","post_content":"

\u201cresidential unit\u201d<\/strong> means any self\u2013<\/em>contained residential accommodation consisting of more than one room (but excluding any hostel, hotel or similar accommodation), the erection of which was commenced by the taxpayer on or after 1 April 1982 and before 21 October 2008 and which was erected under a housing project of the taxpayer \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in order to be let to a tenant for the purpose of deriving a profit for the taxpayer; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in order to be occupied by a bona fide<\/em> full\u2013<\/em>time employee of the taxpayer.<\/span><\/p>\n","post_title":"\"Residential unit\" definition of section 13ter of ITA","collection_order":469,"collection":597,"post_modified":"2019-02-09 22:23:32","post_date":"2015-10-15 12:14:52"},{"ID":"861","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Notwithstanding anything to the contrary contained in paragraph (ii) of the proviso to section 11(e)<\/a>, there shall, subject to the provisions of this section, be allowed to be deducted from the income of the taxpayer for the year of assessment referred to in subsection (6) of this section and each succeeding year of assessment, an allowance, to be known as the residential building annual allowance, equal to two per cent of the cost to the taxpayer of any residential unit erected by the taxpayer under a housing project of the taxpayer.<\/span><\/p>\n

\u00a0<\/p>\n

(2A)\u00a0 For the purposes of this section where a taxpayer completes an improvement as contemplated in section 12N<\/a>, the expenditure incurred by the taxpayer to complete the improvement shall be deemed to be the cost to the taxpayer of a residential unit contemplated in subsection (2).<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 In addition to the deduction provided for in subsection (2), there shall, subject to the provisions of this section, be allowed to be deducted from the income of the taxpayer for the year of assessment referred to in subsection (5), an allowance, to be known as the residential building initial allowance, equal to ten per cent of the cost to the taxpayer of the residential unit referred to in subsection (2).<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The allowances under this section shall not be made in respect of any portion of the cost of any residential unit on any premises not owned by the taxpayer, unless the taxpayer, at the date on which the erection of such residential unit is commenced, is entitled to the occupation of such premises for a period ending not less than ten years after such date.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The residential building initial allowance in relation to any residential unit shall be made for the year of assessment during which such residential unit is for the first time let or occupied as contemplated in the definition of \u201cresidential unit\u201d in subsection (1): Provided that if at the end of such year of assessment less than five of the residential units of the relevant housing project have for the first time been let or occupied as contemplated in the definition of \u201cresidential unit\u201d in subsection (1), the residential building initial allowance relating to such residential unit shall not be made for that year of assessment but shall be made for the first succeeding year of assessment in which at least five of the residential units in that housing project have been so let or occupied for the first time.<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 The residential building annual allowance relating to any residential unit shall be made for the first time for the year of assessment in which the residential building initial allowance is made in respect of that residential unit.<\/span><\/p>\n

\u00a0<\/p>\n

(6A)\u00a0 Where any building in respect of which any deduction of an allowance is claimed in terms of this section was during any previous financial year or years used by the taxpayer for the purposes of any trade carried on by him the receipts and accruals of which were not included in the income of such taxpayer during such year or years, any deduction which could have been allowed during such previous year or years in terms of this section shall for the purposes of this section (excluding the provisions of subsection (7)(a)) 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.<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 If in any year of assessment any residential unit in respect of the cost of which any allowance has been made to the taxpayer under the provisions of this section, whether in the current or any previous year of assessment, is so used or dealt with by the taxpayer that it ceases to be available either for letting to a tenant or for occupation by an employee as contemplated in the definition of \u201cresidential unit\u201d in subsection (1) \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 there shall be included in the income of the taxpayer for the year of assessment in which such residential unit is so used or dealt with, the amount of the residential building initial allowance made to him in respect of the cost of such residential unit, less one\u2013<\/em>tenth of such amount for each completed period of one year, but not exceeding ten years, from the date on which such residential unit was first let or occupied as contemplated in the definition of \u201cresidential unit\u201d in subsection (1) until the date on which such residential unit was used or dealt with as aforesaid; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the residential building annual allowance shall not be made in respect of the cost of the said residential unit for the year of assessment during which such residential unit was used or dealt with as aforesaid nor in respect of any succeeding year of assessment during which it continued to be unavailable for the letting or occupation contemplated in the definition of \u201cresidential unit\u201d in subsection (1).<\/span><\/p>\n

\u00a0<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 The provisions of sections 8<\/a>(4)(a) and 11(o)<\/a> shall not apply to so much of the amount of any residential building initial allowance as has been included in the taxpayer\u2019s income under the provisions of subsection (7) (a) of this section, whether in the current or any previous year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 No allowance shall be made under this section in respect of so much of the cost of any residential unit as has qualified or will qualify for deduction from the taxpayer\u2019s income by way of a deduction of expenditure or an allowance in respect of expenditure under any other provision of this Act, whether for the current or any preceding or subsequent year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(10)\u00a0\u00a0 The aggregate of the allowances allowed or deemed to have been allowed under the preceding provisions of this section in respect of the cost of any residential unit shall not exceed such cost or, if such allowances have been calculated on a portion of such cost, such portion.<\/span><\/p>\n

\u00a0<\/p>\n

(11)\u00a0\u00a0 Where any company is mainly engaged in the provision of housing facilities for the employees of the sole or principal holder of shares in that company or for the employees of any other company the shares in which are held wholly by the sole or principal holder of shares in such firstmentioned company, the employees of such holder of shares or such other company, as the case may be, shall for the purposes of this section be deemed to be the employees also of such firstmentioned company.<\/span><\/p>\n","post_title":"Subsections 2, 2A, 3, 4, 5, 6, 6A, 7, 8, 9, 10 and 11 of section 13ter of ITA","collection_order":470,"collection":597,"post_modified":"2019-02-09 22:23:43","post_date":"2015-10-15 12:14:52"},{"ID":"863","post_content":"

13quat \u00a0 \u00a0Deductions in respect of erection or improvements of buildingsin urban development zones<\/span><\/strong><\/p>\n","post_title":"Section 13quat (ITA) - Deductions in respect of erection or improvement of buildings in urban development zones","collection_order":471,"collection":597,"post_modified":"2024-01-12 09:38:11","post_date":"2015-10-15 12:14:52"},{"ID":"865","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/p>\n

\u2018cost\u2019<\/strong> means the costs (other than borrowing or finance costs) actually incurred in erecting or extending, adding to or improving a building or part thereof and includes any costs incurred-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in demolishing any existing building or part thereof;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in excavating the land for purposes of that erection, extension, addition or improvement; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in respect of structures or works directly adjoining the building or part so erected, extended, added to or improved, for purposes of providing-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 water, power or parking with respect to that building or part;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 drainage or security for that building or part;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 means of waste disposal for that building or part; or<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 access to that building or part, including the frontage thereof;<\/span><\/p>\n","post_title":"\"Cost\" definition of section 13quat of ITA","collection_order":472,"collection":597,"post_modified":"2019-02-09 22:24:02","post_date":"2015-10-15 12:14:52"},{"ID":"867","post_content":"

\u201cdeveloper\u201d<\/strong> means a person who erects, extends, adds to or improves a building or part of a building-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 with the sole purpose of disposing of that building or part thereof immediately after completion of that erection, extension, addition or improvement; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 disposes of the building or part of a building within three years after completion of that erection, extension, addition or improvement;<\/span><\/p>\n","post_title":"\"Developer\" defintion of section 13quat of ITA","collection_order":473,"collection":597,"post_modified":"2019-02-09 22:24:10","post_date":"2015-10-15 12:14:52"},{"ID":"869","post_content":"

\u2018purchase price\u2019<\/strong> in relation to any building or part of a building purchased by the taxpayer means the lesser of \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the actual cost to the taxpayer to purchase that building or part; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the cost which a person would have incurred had that person purchased that building or part under a cash transaction concluded at arm\u2019s length on the date on which that taxpayer purchased that building or part;<\/span><\/p>\n","post_title":"\"Purchase price\" definition of section 13quat of ITA","collection_order":474,"collection":597,"post_modified":"2019-02-09 22:24:16","post_date":"2015-10-15 12:14:52"},{"ID":"871","post_content":"

\u2018urban development zone\u2019<\/strong> means an area demarcated by a municipality in terms of subsection (6), the particulars of which were published in the Gazette<\/em> in terms of subsection (8);<\/p>\n","post_title":"\"Urban development zone\" definition of section 13quat of ITA","collection_order":475,"collection":597,"post_modified":"2019-02-09 22:24:23","post_date":"2015-10-15 12:14:52"},{"ID":"873","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 There must be allowed to be deducted from the income of the taxpayer an allowance determined in terms of subsection (3) or (3A), in respect of the cost of the erection, extension, addition or improvement of any commercial or residential building or part of a building which is owned by the taxpayer and is used solely for purposes of that taxpayer\u2019s trade, if \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that building is situated within an urban development zone;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the erection, extension, addition or improvement was commenced by the taxpayer or the developer, as the case may be, on or after the date of publication of the notice contemplated in subsection (8) in respect of that urban development zone, in terms of a contract formally and finally signed by all parties thereto on or after that date;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the erection, extension, addition to or improvement by the taxpayer or developer covers either the entire building or a floor area of at least 1000 m2<\/sup> of that building; and<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 in the case where the taxpayer purchased that building or part from a developer \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the agreement to purchase was concluded on or after 8 November 2005;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that developer has not claimed any allowance under this section in respect of that building or part; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 if the developer improved the building or part as contemplated in subsection (3)(b) or (3A)(b), that developer has incurred expenditure in respect of those improvements which is equal to at least 20 per cent of the purchase price paid by the taxpayer in respect of that building or part.<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(2A)\u00a0 For the purposes of this section, if a taxpayer completes an improvement as contemplated in section 12N<\/a>, the expenditure incurred by the taxpayer to complete the improvement shall be deemed to be the cost of the erection, extension, addition or improvement contemplated in subsection (2).<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The amount of the allowance contemplated in subsection (2)-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of the erection of any new building or the extension of or addition to any building (other than a building in respect of which paragraph (b) applies), is equal to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 20 per cent of the cost to the taxpayer of the erection or extension of or addition to that building, which is deductible in the year of assessment during which that building is brought into use by that taxpayer solely for the purposes of that taxpayer\u2019s trade; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 eight per cent of that cost in each of the 10 succeeding years of assessment; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of the improvement of any existing building or part of a building (including any extension or addition which is incidental to that improvement) where the existing structural or exterior framework thereof is preserved, is equal to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 20 persent of the cost to the taxpayer of the improvement, extension or addition which is deductible in the year of assessment during which the part of the building so improved, extended or added is brought into use by the taxpayer solely for the purposes of that taxpayer\u2019s trade; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 20 per cent of that cost in each of the four succeeding years of assessment.<\/span><\/p>\n

<\/p>\n

(3A)\u00a0 The amount of the allowance contemplated in subsection (2)-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of the erection of any new building or the extension of or addition to any building, to the extent that it relates to a low-cost residential unit, (other than any improvement in respect of which paragraph (b) applies) is equal to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 25 per cent of the cost to the taxpayer of the erection or extension of or addition to that building, which is deductible in the year of assessment during which that building is brought into use by that taxpayer;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 13 per cent of that cost in each of the five succeeding years of assessment; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 10 per cent of that cost in the year of assessment following the last year contemplated in subparagraph (ii);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of the improvement of any existing building or part of a building, to the extent that it relates to a low-cost residential unit, (including any extension or addition which is incidental to that improvement) where the existing structural or exterior framework thereof is preserved, is equal to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 25 per cent of the cost to the taxpayer of the improvement, which is deductible in the year of assessment during which the part of the building so improved, is brought into use by the taxpayer; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 25 per cent of that cost in each of the three succeeding years of assessment.<\/span><\/p>\n

<\/p>\n

(3B)\u00a0\u00a0 For purposes of subsection (3) or (3A), where the taxpayer purchased a building or part of a building from a developer-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 55 per cent of the purchase price of that building or part of a building, in the case of a new building erected, extended or added to by that developer as contemplated in subsection (3)(a) or (3A)(a); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 30 per cent of the purchase price of that building or part of a building, in the case of a building improved by that developer as contemplated in subsection (3)(b) or (3A)(b),<\/span><\/p>\n

<\/p>\n

is deemed to be costs incurred by that taxpayer in respect of the erection, extension, addition to or improvement of that building or part of a building.<\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section, unless the taxpayer has obtained or determined the following for submission to the Commissioner in such form and within such time as may be prescribed by the Commissioner-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a certificate issued by the municipality to the taxpayer confirming that the building is located within an urban development zone within that municipality;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the total amount of the costs to the taxpayer (other than a taxpayer contemplated in paragraph (d)) of the erection, extension, addition or improvement and the extent that those costs relate to any portion of a building;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 particulars as to whether the costs referred to paragraph (b) were incurred in respect of the erection or extension of or addition to a building as contemplated in subsection (3)(a) or the improvement of a building as contemplated in subsection (3)(b); and<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 in the case of a taxpayer who purchased the building or part of a building from a developer \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the purchase price of that building or part;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the amount of the purchase price deemed to be a cost incurred by the taxpayer in terms of subsection (3A); and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 a certificate from the developer in the form prescribed by the Commissioner confirming that the requirements in subsection (2)(b), (c) and (d) have been met.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section in respect of any building or part of a building \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where that taxpayer ceased to use that building, or part solely for purposes of that taxpayer\u2019s trade during any previous year of assessment in or prior to which an allowance contemplated in subsection (2) was claimed;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 which has been disposed of by the taxpayer during any previous year of assessment; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0which is brought into use by the taxpayer after 31 March 2025.<\/span><\/span><\/p>\n

[Subsection\u00a0(5)\u00a0amended by\u00a0section\u00a023(h)\u00a0of\u00a0Act 31 of 2005.\u00a0Paragraph (c)\u00a0added by\u00a0section\u00a023(j)\u00a0of\u00a0Act 31 of 2005\u00a0and substituted by\u00a0section\u00a029(1)(f)\u00a0of\u00a0Act\u00a060 of 2008, by\u00a0section\u00a034(1)\u00a0of\u00a0Act\u00a022 of 2012, by\u00a0section\u00a020\u00a0of\u00a0Act\u00a023 of 2020, by\u00a0section\u00a016(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and by\u00a0section 21(1)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 April, 2021 and applicable in respect of any building, part thereof or improvement that is brought into use on or after that date]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this section, one area may be demarcated by a municipality where-<\/span><\/p>\n

<\/p>\n

(a)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that area is a developed urban location within the municipality of Buffalo City, Cape Town, Ekurhuleni, Emalahleni, Emfuleni, eThekwini, Johannesburg, Mahikeng, Mangaung, Matjhabeng, Mbombela, Msunduzi, Nelson Mandela, Polokwane, Sol Plaatje or Tshwane;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that area is demarcated through formal resolution by the relevant municipal council;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0that area is prioritised in that municipality\u2019s integrated development plan adopted and undertaken in terms of\u00a0Chapter 5<\/u>\u00a0of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), as a priority area for further investments to promote business or industrial activity or residential settlements to support such activity;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0that area proportionately contributes or previously contributed a significant portion of the total revenue collections for all areas located within the current boundaries of that municipality, as measured in the form of-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0\u00a0property rates; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0assessed property values, and where the contribution from that area is undergoing a sustained real or nominal decline; and<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0significant fiscal measures have been implemented by that municipality to support the regeneration of that area, including-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0the appropriation of significant funds for developing the area in the annual budget of the municipality;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0special tariffs for categories of residential, commercial or industrial users; or<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0\u00a0partnership arrangements with the business community for the promotion of urban development within that area; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that area is approved by the Minister by notice in the\u00a0Gazette<\/em>, after application by a municipality in the form and manner and at the place and time that the Minister prescribes, if the area complies with criteria as the Minister must prescribe by regulation.<\/span><\/p>\n

[Subsection (6) amended by section 12 of Act 16 of 2004, section 19 of Act 32 of 2004, section 23 of Act 3 of 2005, section 32 of Act 25 of 2015 substituted by section 38 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(7)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Subject to paragraph (d), the area demarcated in terms of subsection (6) may not exceed-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where that municipality has a population of not more than 500 000 persons, a total area of 150 hectares; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where that municipality has a population of more than 500 000 persons, 150 hectares plus 20 hectares for each additional 100 000 persons included in that population.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where that municipality has a population of 2 million persons or more, the municipal council may demarcate two areas in lieu of the one area demarcated in terms of subsection (6),<\/span><\/p>\n


<\/span><\/p>\n

: Provided that-<\/p>\n

\u00a0[Words preceding subparagraph (i) substituted by section 32 of Act 25 of 2015 effecive on 1 January 2016]<\/span><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the two areas do not in total exceed the one area contemplated in paragraph (a)(ii); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 each area otherwise satisfies the requirements of subsection (6).<\/span><\/p>\n

<\/p>\n

(bA)\u00a0\u00a0Where a municipality has a population of less than 1 million persons, the Minister may by notice in the\u00a0Gazette<\/em>\u00a0approve that municipality for the purposes of paragraph (b) in terms of subsection (6)(b).<\/span><\/p>\n

[Paragraph (bA) inserted by section 32 of Act 25 of 2015 and substituted by section 38 of Act 15 of 2016 and section 34 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 For purposes of this subsection, the population of a municipality shall be the population figures as determined by Statistics South Africa in the Census for 2011 and the total population of that municipality must be rounded to the nearest multiple of 100 000.<\/span><\/p>\n

[Paragraph (c) substituted by section 32 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 The area demarcated in terms of subsection (6) may exceed the limits contemplated in paragraph (a) where-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the municipality proves to the Minister that the excess area is integrally related to the area within the limitation contemplated in paragraph (a);<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the municipality can prove to the Minister that sound economic reasons exist for demarcating a larger area; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 the Minister is satisfied that the demarcation of the excess area would fall within Government\u2019s affordability constraints.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 The Minister must publish by notice in the Gazette <\/em>particulars of an area demarcated by a municipality after that municipality has proved to the Minister that the area so demarcated complies with the provisions of subsection (6).<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 Every municipality must provide a report annually to the Commissioner and the Minister in respect of each urban development zone located within that municipality containing such information, within such time and in such manner as is prescribed by the Minister.<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0 Where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a municipality does not provide an annual report as contemplated in subsection (9) or the Commissioner reports to the Minister that the municipality has issued a certificate contemplated in subsection (4)(a) in respect of a building that is located outside an urban development zone; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 corrective steps are not taken by that municipality within a period specified by the Minister,<\/span><\/p>\n

<\/p>\n

the Minister may withdraw the notice contemplated in subsection (8) for that municipality in respect of contracts formally and finally signed by all parties thereto on or after the date of withdrawal.<\/p>\n

<\/p>\n

(10A) Every developer who erects, extends, adds to or improves any building within an urban development zone must, if the estimated cost of that erection, extension, addition or improvement is likely to exceed R5 million \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 inform the Commissioner within 30 days after commencement of the erection, extension, addition or improvement of the estimated costs thereof in respect of the building or the parts which the developer intends to sell and the estimated selling price of that building or those parts; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 inform the Commissioner within 30 days after sale of the building or all anticipated sales of any parts of the building have been concluded of the actual costs incurred in respect of that building or parts and the actual selling price of that building or parts thereof.<\/span><\/p>\n

<\/p>\n

(10B) If the Commissioner has reason to believe that the information provided in the certificate by a developer as contemplated in subsection (4)(d)(iii) is not correct, the Commissioner must disallow any deduction claimed under this section, unless sufficient information is provided to the Commissioner to prove that the information contained in that certificate is correct.<\/span><\/p>\n

<\/p>\n

(11)\u00a0\u00a0 The Commissioner must on an annual basis submit a report to the Minister containing information relating to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the number of taxpayers which have during the relevant year claimed an allowance in terms of this section;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the total amount of the deductions by taxpayers allowed in that year in terms of this section; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the total amount of the costs to those taxpayers which are or will be allowable as a deduction in terms of this section.<\/span><\/p>\n","post_title":"Subsections 2, 2A, 3, 3A, 3B, 4, 5, 6, 7, 8, 9, 10, 10A, 10B and 11 of section 13quat of ITA","collection_order":476,"collection":597,"post_modified":"2024-01-12 09:39:35","post_date":"2015-10-15 12:14:52"},{"ID":"875","post_content":"

13quin. \u00a0 \u00a0 Deduction in respect of commercial buildings<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 There shall be allowed to be deducted from the income of the taxpayer an allowance equal to five per cent of the cost to the taxpayer of any new and unused building owned by the taxpayer, or any new and unused improvement to any building owned by the taxpayer, if that building or improvement is wholly or mainly used by the taxpayer during the year of assessment for purposes of producing income in the course of the taxpayer\u2019s trade, other than the provision of residential accommodation.<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(1A)\u00a0 For the purposes of this section, if a taxpayer completes an improvement as contemplated in section 12N<\/a>, the expenditure incurred by the taxpayer to complete the improvement shall be deemed to be the cost to the taxpayer of any new and unused building or of any new and unused improvement to a building contemplated in subsection (1).<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section the cost to a taxpayer of any building or improvement shall be deemed to be the lesser of the actual cost to the taxpayer or the cost which a person would, if he had acquired, erected or improved the building under a cash transaction concluded at arm\u2019s length on the date on which the transaction for the acquisition, erection or improvement of the building was in fact concluded, have incurred in respect of the direct cost of the acquisition, erection or improvement of the building.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where any building or improvement in respect of which any deduction is claimed in terms of this section was during any previous financial year brought into use for the first time 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 year or any subsequent year in which such asset was used by the 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.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section in respect of any building that has been disposed of by the taxpayer during any previous year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section in respect of the cost of a building or improvement if any of that cost has qualified or will qualify for deduction from the taxpayer\u2019s income as a deduction of expenditure or an allowance in respect of expenditure under any other section of this Act.<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 The deductions which may be allowed or deemed to have been allowed in terms of this section and any other provision of this Act in respect of the cost of any building or improvement shall not in the aggregate exceed the amount of such cost.<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 For the purposes of subsection (1), to the extent that the taxpayer acquires a part of a building without erecting or constructing that part-<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 55 per cent of the acquisition price, in the case of a part being acquired; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 30 per cent of the acquisition price, in the case of an improvement being acquired,<\/span><\/p>\n

\u00a0<\/p>\n

is deemed to be the cost incurred by that taxpayer in respect of that part or improvement, as the case may be.<\/p>\n","post_title":"Section 13quin (ITA) - Deduction in respect of commercial buildings","collection_order":477,"collection":597,"post_modified":"2019-02-09 22:24:41","post_date":"2015-10-15 12:14:52"},{"ID":"877","post_content":"

13sex. \u00a0 \u00a0 Deduction in respect of certain residential units<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to section 36<\/a>, there must be allowed to be deducted from the income of a taxpayer an allowance equal to five per cent of the cost to the taxpayer of any new and unused residential unit (or of any new and unused improvement to a residential unit) owned by the taxpayer if-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that unit or improvement is used by the taxpayer solely for the purposes of a trade carried on by the taxpayer;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that unit is situated within the Republic; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the taxpayer owns at least five residential units within the Republic, which are used by the taxpayer for the purposes of a trade carried on by the taxpayer.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

: Provided that if a taxpayer completes an improvement as contemplated in section 12N<\/a>, the expenditure incurred by the taxpayer to complete the improvement shall be deemed to be the cost to the taxpayer of any new and unused residential unit (or of any new and unused improvement to a residential unit), for the purposes of this section<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 There shall be allowed to be deducted from the income of the taxpayer an additional allowance of five per cent of the cost of a low-cost residential unit of a taxpayer for a year of assessment if deductions are allowable to that taxpayer in respect of that unit in terms of subsection (1) during that year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section, the cost to the taxpayer of a residential unit (or an improvement thereto) shall be deemed to be the lesser of the actual cost to the taxpayer or the cost which a person would, if that person had acquired or improved the residential unit under a cash transaction concluded at arm s length on the date on which the transaction for the acquisition of the new and unused residential unit (or of the new and unused improvement to the residential unit) was in fact concluded, have incurred in respect of the direct cost of the acquisition or erection of the residential unit or improvement.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where any residential unit (or an improvement to the residential unit) in respect of which any deduction is claimed in terms of this section was during any year of assessment used by the taxpayer for the purpose of any trade carried on by that taxpayer, the receipt and accruals of which were not included in the income of that taxpayer during that year, any deduction which could have been allowed in terms of this section during that year or any subsequent year in which that residential unit (or an improvement to the residential unit) was used by the taxpayer shall for the purposes of this section be deemed to have been allowed during that previous year or those years as if the receipts and accruals of that trade had been included in the income of that taxpayer.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section in respect of the cost of any residential unit (or an improvement to a residential unit) that has been disposed of by the taxpayer during any previous year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section in respect of the cost of a residential unit (or an improvement to a residential unit) if any of the cost has qualified or will qualify for deduction from the taxpayer\u2019s income as a deduction of expenditure or an allowance in respect of expenditure under any other section of this Act.<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 The deductions which may be allowed or deemed to have been allowed in terms of this section and any other provision of this Act in respect of the cost of any residential unit (or any improvement to a residential unit) shall not in the aggregate exceed the amount of such cost.<\/span><\/p>\n

\u00a0<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section, to the extent that the taxpayer acquires a residential unit (or improvement to a residential unit) representing only a part of a building without erecting or constructing that unit or improvement-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 55 per cent of the acquisition price, in the case of the unit being acquired; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 30 per cent of the acquisition price, in the case of the improvement being acquired, is deemed to be the cost incurred by that taxpayer in respect of that unit or improvement, as the case may be.<\/span><\/p>\n","post_title":"Section 13sex (ITA) - Deduction in respect of certain residential units","collection_order":478,"collection":597,"post_modified":"2019-02-09 22:24:50","post_date":"2015-10-15 12:14:52"},{"ID":"879","post_content":"

13sept. \u00a0 \u00a0 Deduction in respect of sale of low-cost residential units on loan account<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0Subject to section 36<\/a>, there must be allowed as a deduction from the income of the taxpayer, in respect of any year of assessment ending on or before 28 February 2022, an amount determined in terms of subsection (2) in respect of the disposal of any low-cost residential unit by the taxpayer to an employee of the taxpayer (or an associated institution as defined in the Seventh Schedule in relation to the taxpayer).<\/span><\/p>\n

[Subsection\u00a0(1)\u00a0substituted by\u00a0section 21\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The deduction contemplated in subsection (1) is an amount equal to 10 per cent of any amount owing to the taxpayer by the employee in respect of the unit at the end of the taxpayer s year of assessment: Provided that no such deduction shall be allowed in the eleventh and subsequent years of assessment after the disposal of that low-cost residential unit, as contemplated in subsection (1).<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 No deduction is allowed in terms of this section in respect of any disposal by the taxpayer if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the disposal is subject to any condition other than a condition in terms of which the employee is required-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 on termination of employment; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of consistent failure for a period of three months on the part of the employee to pay an amount owing to the taxpayer (or an associated institution, as defined in the Seventh Schedule, in relation to the taxpayer) in respect of a low-cost residential unit,<\/span><\/p>\n

<\/p>\n

to dispose of the low-cost residential unit to the taxpayer (or an associated institution, as defined in the Seventh Schedule, in relation to the taxpayer) for an amount equal to the actual cost (other than borrowing or finance costs) to the employee of the unit and the land on which the unit is erected;<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the employee must pay interest to the taxpayer in respect of the amount owing to the taxpayer by the employee in respect of the unit; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the disposal is for an amount that exceeds the actual cost (other than borrowing or finance costs) to the taxpayer of the unit and the land on which the unit is erected.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 If the amount owing contemplated in subsection (2) or any part thereof is paid to the taxpayer, the taxpayer is deemed to have recovered or recouped an amount equal to the lesser of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount so paid; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the amount allowed as a deduction in terms of this section in the current and any previous year of assessment.<\/span><\/p>\n","post_title":"Section 13sept (ITA) - Deduction in respect of sale of low-cost residential units on loan account","collection_order":479,"collection":597,"post_modified":"2023-01-21 21:38:22","post_date":"2015-10-15 12:14:52"},{"ID":"881","post_content":"

15. \u00a0 \u00a0 Deductions from income derived from mining operations<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

There shall be allowed to be deducted from the income derived by the taxpayer from mining operations \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0an amount to be ascertained under the provisions of section 36, in lieu of the allowances in sections 11(e)<\/a>, (f)<\/a>, (gA)<\/a>, (gC)<\/a>, (o)<\/a>, 12B<\/a>, 12BA<\/a>, 12D<\/a>, 12DA<\/a>, 12F<\/a> and 13quin<\/a>;<\/span><\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section 20\u00a0of\u00a0Act 55 of 1966, by\u00a0section 18\u00a0of\u00a0Act 129 of 1991, by\u00a0section\u00a024\u00a0of\u00a0Act 31 of 2005, by\u00a0section\u00a029\u00a0of\u00a0Act\u00a035 of 2007\u00a0and by\u00a0section 22(1)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any expenditure incurred by the taxpayer during the year of assessment on prospecting operations (including surveys, boreholes, trenches, pits and other prospecting work preliminary to the establishment of a mine) in respect of any area within the Republic together with any other expenditure which is incidental to such operations:<\/span><\/p>\n

\u00a0<\/p>\n

Provided that \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 except in the case of any person who derives income from mining for diamonds in the Republic, the Commissioner may determine that any expenditure referred to in this paragraph shall be deducted in a series of annual instalments, so that only a portion of such expenditure is deducted in the year of assessment in which it is incurred, and the residue in such subsequent years of assessment and in such proportions as the Commissioner may determine, until the expenditure is extinguished;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of any company which derives income from different classes of mining operations, the deduction under this paragraph shall be made from the income derived from such class or classes of mining operations and in such proportions as the Commissioner may determine;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 any expenditure which has been allowed to be deducted from the income of any person in terms of this paragraph shall not be included in such person\u2019s capital expenditure as defined in subsection (11) of section 36<\/a>.<\/span><\/p>\n","post_title":"Section 15 (ITA) - Deductions from income derived from mining operations","collection_order":480,"collection":597,"post_modified":"2024-01-26 09:58:50","post_date":"2015-10-15 12:14:52"},{"ID":"883","post_content":"

15A.<\/strong>\u00a0 \u00a0 \u00a0Amounts to be taken into account in respect of trading stock derived from mining operations<\/strong><\/span><\/p>\n

<\/p>\n

For the purposes of section 22<\/a>, trading stock related to mining operations \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 includes anything that is \u2013<\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 won or in any other manner acquired during the course of mining operations by a taxpayer for the purposes of extraction, processing, separation, refining, beneficiation, manufacture, sale or exchange by the taxpayer or on the taxpayer\u2019s behalf; and<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 taken into account as inventory in terms of South African Generally Accepted Accounting Practice; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 must not be valued at an amount less than the amount so taken into account.<\/span><\/p>\n


<\/span><\/p>\n

16. ..........<\/strong><\/span><\/p>\n


<\/strong><\/span><\/p>\n

17. ..........<\/strong><\/p>\n","post_title":"Section 15A (ITA) - Amounts to be taken into account in respect of trading stock derived from mining operations","collection_order":481,"collection":597,"post_modified":"2021-01-02 22:06:12","post_date":"2015-10-15 12:14:52"},{"ID":"885","post_content":"

17A. \u00a0 \u00a0 Expenditure incurred by a lessor of land let for farming purposes, in respect of soil <\/strong>erosion works<\/strong><\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to the provisions of subsection (2), there shall be allowed to be deducted from the income derived by any taxpayer from letting any land on which bona fide pastoral, agricultural or other farming operations were carried on during the year of assessment, the expenditure incurred by him during such year in respect of the construction of soil erosion works, provided a certificate by the Executive Officer designated under section 4 of the Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983), or his assignee is produced to the effect that such works have been approved under the provisions of the said Act.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where expenditure incurred by the taxpayer during any year of assessment and ranking for deduction from income under subsection (1) exceeds the taxable income (as calculated before allowing any deduction under that subsection) derived by the taxpayer from letting land on which bona fide pastoral, agricultural or other farming operations were carried on during such year, the amount allowed to be deducted under subsection (1) in respect of the said year shall be limited to an amount equal to such taxable income (calculated as aforesaid), and the excess shall be carried forward and be deemed for the purposes of this section to be expenditure incurred by the taxpayer during the next succeeding year of assessment in respect of the construction of soil erosion works.<\/span><\/p>\n


<\/span><\/p>\n

18. .........<\/span><\/strong><\/p>\n","post_title":"Section 17A (ITA) - Expenditure incurred by a lessor of land let for farming purposes, in respect of soil erosion works","collection_order":482,"collection":597,"post_modified":"2021-01-02 22:07:18","post_date":"2015-10-15 12:14:52"},{"ID":"887","post_content":"

18A. \u00a0 \u00a0 Deduction of donations to certain organisations<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Notwithstanding the provisions of section 23, there shall be allowed to be deducted in the determination of the taxable income of any taxpayer so much of the sum of any bona fide <\/em>donations by that taxpayer in cash or of property made in kind, which was actually paid or transferred during the year of assessment to\u2014<\/span><\/p>\n

[Sub\u00adsection (1) amended by section 20(a) and (d) of Act 30 of 2002, by section 34(1)(a) and (e) of Act 45 of 2003, by section 18 of Act 8 of 2007, by section 34(1)(b) of Act 60 of 2008, by section 44(1) of Act 24 of 2011 and by section 22 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 public benefit organisation contemplated in paragraph (a)(i) of the definition of \u2018public benefit organisation\u2019 in section 30<\/a>(1) approved by the Commissioner under section 30<\/a>; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 institution, board or body contemplated in section 10(1)(cA)<\/a>(i),<\/span><\/p>\n

<\/p>\n

which-<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0carries on in the Republic any public benefit activity contemplated in Part II<\/a> of the Ninth Schedule<\/a>, or any other activity determined from time to time by the Minister by notice in the Gazette<\/em> for the purposes of this section;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 complies with the requirements contemplated in subsection (1C), if applicable, and any additional requirements prescribed by the Minister in terms of subsection (1A); and<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 has been approved by the Commissioner for the purposes of this section;<\/span><\/p>\n

[Paragraph (a) amended by section 20 of Act 30 of 2002, section 34 of Act 45 of 2003 and section 16 of Act 20 of 2006 and substituted by section 31 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any public benefit organisation contemplated in paragraph (a)(i) of the definition of \u201cpublic benefit organisation\u201d in section 30<\/a>(1) approved by the Commissioner under section 30, which provides funds or assets to any public benefit organisation, institution, board or body contemplated in paragraph (a), or any department contemplated in paragraph (c) and which has been approved by the Commissioner for the purposes of this section; or<\/span><\/p>\n

[Paragraph (b)\u00a0amended by\u00a0section 72(1)\u00a0of\u00a0Act\u00a059 of 2000, by\u00a0section 20(c)\u00a0of\u00a0Act\u00a030 of 2002, by\u00a0section 34(1)(d)\u00a0and\u00a0(e)\u00a0of\u00a0Act\u00a045 of 2003\u00a0and by\u00a0section 26(1)(a)\u00a0and\u00a0(b)\u00a0of\u00a0Act 31 of 2005\u00a0and substituted by\u00a0section 16(b)\u00a0of\u00a0Act\u00a020 of 2006, by\u00a0section 31\u00a0of\u00a0Act 17 of 2017\u00a0and by\u00a0section 4(a)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(bA)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any agency contemplated in the definition of \u2018specialized agencies\u2019 in section 1 of the Convention on the Privileges and Immunities of the Specialized Agencies, 1947, set out in Schedule 4 to the Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001);<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the United Nations Development Programme (UNDP);<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the United Nations Children\u2019s Fund (UNICEF);<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 the United Nations High Commissioner for Refugees (UNHCR);<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 the United Nations Population Fund (UNFPA);<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 the United Nations Office on Drugs and Crime (UNODC);<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0 the United Nations Environmental Programme (UNEP);<\/span><\/p>\n

<\/p>\n

(viii)\u00a0 the United Nations Entity for Gender, Equality and the Empowerment of Women (UN Women);<\/span><\/p>\n

<\/p>\n

(ix)\u00a0\u00a0\u00a0 the International Organisation for Migration (IOM);<\/span><\/p>\n

<\/p>\n

(x)\u00a0\u00a0\u00a0\u00a0 the Joint United Nations Programme on HIV of AIDS (UNAIDS);<\/span><\/p>\n

<\/p>\n

(xi)\u00a0\u00a0\u00a0 the Office of the High Commissioner for Human Rights (OHCHR); or<\/span><\/p>\n

<\/p>\n

(xii)\u00a0\u00a0 the United Nations Office for the Coordination of Humanitarian Affairs (OCHA),<\/span><\/p>\n

<\/p>\n

if that agency, programme, fund, High Commissioner, office, entity or organisation-<\/p>\n

<\/p>\n

(aa) carries on in the Republic any public benefit activity contemplated in Part II<\/a> of the Ninth Schedule<\/a>, or any other activity determined from time to time by the Minister by notice in the Gazette<\/em> for the purposes of this section;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 furnishes the Commissioner with a written undertaking that such agency will comply with the provisions of this section;<\/span><\/p>\n

[Subparagraph\u00a0(bb)\u00a0amended by\u00a0section 4(b)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0waives diplomatic immunity for the purposes of subsection (5)(i); and<\/span><\/p>\n

[Subparagraph\u00a0(cc)\u00a0amended by\u00a0section 4(b)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0\u00a0has been approved by the Commissioner for the purposes of this section; or<\/span><\/p>\n

[Paragraph (bA)\u00a0inserted by\u00a0section 34(1)(a)\u00a0of\u00a0Act\u00a060 of 2008\u00a0and substituted by\u00a0section 31\u00a0of\u00a0Act 17 of 2017.\u00a0Subparagraph\u00a0(dd)\u00a0added by\u00a0section 4(b)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any department of government of the Republic in the national, provincial or local sphere as contemplated in section 10<\/a>(1)(a), which has been approved by the Commissioner for the purposes of this section, to be used for purpose of any activity contemplated in Part II<\/a> of the Ninth Schedule,<\/span><\/p>\n

[Paragraph (c)\u00a0inserted by\u00a0section 34(1)(b)\u00a0of\u00a0Act\u00a045 of 2003\u00a0and substituted by\u00a0section 16(c)\u00a0of\u00a0Act\u00a020 of 2006, by\u00a0section 37(1)(a)\u00a0of\u00a0Act\u00a07 of 2010, by\u00a0section 31\u00a0of\u00a0Act\u00a017 of 2017\u00a0and by\u00a0section 4(c)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

as does not exceed-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0\u00a0where the taxpayer is a portfolio of a collective investment scheme, an amount determined in accordance with the following formula:<\/span><\/p>\n

<\/p>\n

A\u00a0=\u00a0B\u00a0\u00d7\u00a00,005<\/p>\n

<\/p>\n

in which formula:<\/p>\n

<\/p>\n

(AA)\u00a0\u00a0\u201cA\u201d represents the amount to be determined;<\/span><\/p>\n

<\/p>\n

(BB)\u00a0\u00a0\u201cB\u201d represents the average value of the aggregate of all of the participatory interests held by investors in the portfolio for the year of assessment, determined by using the aggregate value of all of the participatory interests in the portfolio at the end of each day during that year; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 in any other case, ten per cent of the taxable income (excluding any retirement fund lump sum benefit, retirement fund lump sum withdrawal benefit and severance benefit) of the taxpayer as calculated before allowing any deduction under this section or section 6quat<\/a>(1C):<\/span><\/p>\n

<\/p>\n

Provided that any amount of a donation made as contemplated in this subsection and which has been disallowed solely by reason of the fact that it exceeds the amount of the deduction allowable in respect of the year of assessment shall be carried forward and shall, for the purposes of this section, be deemed to be a donation actually paid or transferred in the next succeeding year of assessment.<\/p>\n

[Subsection\u00a0(1)\u00a0amended by\u00a0section 20(a)\u00a0and\u00a0(d)\u00a0of\u00a0Act\u00a030 of 2002, by\u00a0section 34(1)(a)\u00a0and\u00a0(e)\u00a0of\u00a0Act\u00a045 of 2003, by\u00a0section 18\u00a0of\u00a0Act 8 of 2007, by\u00a0section 34(1)(b)\u00a0of\u00a0Act\u00a060 of 2008, by\u00a0section 44(1)\u00a0of\u00a0Act\u00a024 of 2011, by\u00a0section 52(1)(a)-(c) of\u00a0Act\u00a031 of 2013, by\u00a0section 35(1)(a)\u00a0of\u00a0Act 23 of 2018, by\u00a0section 22\u00a0of\u00a0Act\u00a034 of 2019\u00a0and by\u00a0section 4(c)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(1A) The Minister may, by regulation, prescribe additional requirements with which a public benefit organisation, institution, board or body or the department carrying on any specific public benefit activity identified by the Minister in the regulations, must comply before any donation made to that public benefit organisation, institution, board or body or the department shall be allowed as a deduction under subsection (1).<\/span><\/p>\n

<\/p>\n

(1B)\u00a0\u00a0 Any activity determined by the Minister in terms of subsection (1)(a) or any requirements prescribed by the Minister in terms of subsection (1A), must be tabled in Parliament within a period of 12 months after the date of publication by the Minister of that activity or those requirements, as the case may be in the Gazette<\/em> for incorporation into this Act.<\/span><\/p>\n

<\/p>\n

(1C)\u00a0\u00a0The constitution or founding document of a public benefit organisation carrying on the activity contemplated in paragraph 4(d) of Part II<\/a> of the Ninth Schedule<\/a>, must expressly provide that the organisation-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 may not issue any receipt contemplated in subsection (2) in respect of any donation made by a person to that public benefit organisation, unless-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that donation is made by that person on or after 1 August 2002; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that person (in the case of a company, together with any other company in the same group of companies as that company) has during the relevant year of assessment of that person donated an amount of at least R1 million to that organisation;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 must ensure that every donation contemplated in paragraph (a), in respect of which such a receipt has been issued, will be matched by a donation to that organisation of the same amount made by a person who is not a resident and which is made from funds generated and held outside the Republic; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 must utilise the amount of-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 all donations contemplated in paragraph (a), in respect of which such a receipt has been issued, and all income derived therefrom, in the Republic in carrying on that activity; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 all donations contemplated in paragraph (b), either in the Republic in carrying on that activity, or in respect of a transfrontier conservation area of which the Republic forms part.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Any claim for a deduction in respect of any donation under subsection (1) shall not be allowed unless supported by-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a receipt issued by the public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation or the department concerned, containing-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 35 of Act 23 of 2018 effective on 1 March 2017]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the reference number of the public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation or the department issued by the Commissioner for the purposes of this section;<\/span><\/p>\n

[Subparagraph (i) substituted by section 35 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the date of the receipt of the donation;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0the name of the public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation or the department which received the donation, together with an address to which enquiries may be directed in connection therewith;<\/span><\/p>\n

[Subparagraph (iii) substituted by section 35 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 the name and address of the donor;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 the amount of the donation or the nature of the donation (if not made in cash);<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(vi)\u00a0\u00a0\u00a0\u00a0\u00a0a certification to the effect that the receipt is issued for the purposes of section 18A of the Income Tax Act, 1962, and that the donation has been or will be used exclusively for the object of the public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation concerned or, in the case of a department in carrying on the relevant public benefit activity; and<\/span><\/p>\n

[Subparagraph (vi)\u00a0substituted by\u00a0section\u00a035(1)(c)\u00a0of\u00a0Act 23 of 2018\u00a0and amended by\u00a0section\u00a02\u00a0of\u00a0Act\u00a021 of 2021]<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0\u00a0\u00a0such further information as the Commissioner may prescribe by public notice; or<\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a037(1)(d)\u00a0of\u00a0Act\u00a07 of 2010\u00a0and amended by\u00a0section\u00a035(1)(b)\u00a0of\u00a0Act 23 of 2018\u00a0deemed effective on 1\u00a0March, 2017.\u00a0Subparagraph (vii)\u00a0added by\u00a0section\u00a02\u00a0of\u00a0Act\u00a021 of 2021]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an employees\u2019 tax certificate as defined in the Fourth Schedule<\/a> on which the amount of donations contemplated in paragraph 2<\/a>(4)(f) of that Schedule, for which the employer has received a receipt contemplated in paragraph (a), is given.<\/span><\/p>\n

<\/p>\n

(2A)\u00a0 A public benefit organisation, institution, board, body or department may only issue a receipt contemplated in subsection (2) in respect of any donation to the extent that-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of a public benefit organisation, institution, board or body contemplated in subsection (1)(a) which carries on activities contemplated in Parts I<\/a> and II<\/a> of the Ninth Schedule<\/a>, that donation will be utilised solely in carrying on activities contemplated in Part II<\/a> of the Ninth Schedule<\/a>;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of a public benefit organisation contemplated in subsection (1)(b) \u2013<\/span><\/p>\n

<\/p>\n

(i) \u00a0\u00a0\u00a0\u00a0 that organisation will within 12 months after the end of the relevant year of assessment distribute or incur the obligation to distribute at least 50 per cent of all funds received by way of donation during that year in respect of which receipts were issued: Provided that the Commissioner may, upon good cause shown and subject to such conditions as he or she may determine, either generally or in a particular instance, waive, defer or reduce the obligation to distribute any funds, having regard to the public interest and the purpose for which the relevant organisation wishes to accumulate those funds; and<\/span><\/p>\n

[Words preceding the proviso substituted by section 29 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0which provides funds or assets to public benefit organisations, institutions, boards or bodies or any department that carry on public benefit activities contemplated in Parts I<\/a> and II<\/a> of the Ninth Schedule, that donation will be utilised solely to provide funds or assets to a public benefit organisation, institution, board or body contemplated in subsection (1)(a), which will utilise those funds or assets solely in carrying on activities contemplated in Part II<\/a> of the Ninth Schedule or to any department contemplated in subsection (1)(c) which will utilise those funds or assets solely for the purpose of any activity contemplated in Part II<\/a> of the Ninth Schedule; or<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section 26(1)(d)\u00a0of\u00a0Act 31 of 2005\u00a0effective on 1\u00a0April, 2006 and applicable in respect of any year of assessment of a public benefit organisation commencing on or after that date.\u00a0Subparagraph\u00a0(ii)\u00a0substituted by\u00a0section 4(d)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in the case of a department, that donation will be utilised solely in carrying on activities contemplated in Part II<\/a> of the Ninth Schedule<\/a>.<\/span><\/p>\n

<\/p>\n

(2B)\u00a0\u00a0 A public benefit organisation, institution, board or body contemplated in subsection (2A), must obtain and retain an audit certificate confirming that all donations received or accrued in that year in respect of which receipts were issued in terms of subsection (2), were utilised in the manner contemplated in subsection (2A).<\/span><\/p>\n

<\/p>\n

(2C)\u00a0\u00a0The accounting officer or accounting authority contemplated in the Public Finance Management Act or an accounting officer contemplated in the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003), as the case may be, for the department which issued any receipts in terms of subsection (2), must on an annual basis submit an audit certificate to the Commissioner confirming that all donations received or accrued in the year in respect of which receipts were so issued were utilised in the manner contemplated in subsection (2A).<\/span><\/p>\n

[Sub\u00adsection (2C) inserted by section 34(1)(k) of Act 45 of 2003 and substituted by section 16(k) of Act 20 of 2006, by section 37(1)(g) of Act 7 of 2010, by section 52(1)(d) of Act 31 of 2013 and by section 2 of Act 33 of 2019]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(2D) \u00a0Any public benefit organisation contemplated in subsection (1)(b), in respect of any amount that is not distributed as required by subsection (2A)(b)(i), shall distribute or incur the obligation to distribute all amounts received in respect of investment assets held by it, other than amounts received in respect of disposals of those investment assets to any public benefit organisation, institution, board or body contemplated in subsection (1)(a) or to any department contemplated in subsection (1)(c), no later than six months after\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 every five years from the date on which the Commissioner issued a reference number referred to in subsection (2)(a)(i) to that public benefit organisation referred to in subsection (1)(b), if that public benefit organisation is incorporated, formed or established on or after 1 March 2015; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 every five years from 1 March 2015, if that public benefit organisation referred to in subsection (1)(b) was incorporated, formed or established and issued with a reference number referred to in subsection (2)(a)(i) prior to 1 March 2015.<\/span><\/p>\n

[Subsection\u00a0(2D)\u00a0inserted by\u00a0section 29(1)(b)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and amended by\u00a0section 4(e)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 If any deduction is claimed by any taxpayer under the provisions of subsection (1) in respect of any donation of property in kind, other than immovable property of a capital nature where the lower of market value or municipal value exceeds cost, the amount of such deduction shall be deemed to be an amount equal to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where such property constitutes-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a financial instrument which is trading stock of the taxpayer, the lower of fair market value of that financial instrument on the date of that donation or the amount which has been taken into account for the purposes of section 22<\/a>(8)(C); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any other trading stock of the taxpayer (including any livestock or produce in respect of which the provisions of paragraph 11<\/a> of the First Schedule<\/a> are applicable), the amount which has been taken into account for the purposes of section 22<\/a>(8)(C) or, in the case of such livestock or produce, the said paragraph 11, in relation to the donation of such property; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where such property (other than trading stock) constitutes an asset used by the taxpayer for the purposes of his trade, the lower of-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the fair market value of that property on the date of that donation; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the cost to the taxpayer of such property less any allowance (other than any investment allowance) allowed to be deducted from the income of the taxpayer under the provisions of this Act in respect of that asset; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 where such property does not constitute trading stock of the taxpayer or an asset used by him for the purposes of his trade, the lower of \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the fair market value of that property on the date of that donation; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the cost to the taxpayer of such asset, less, in the case of a movable asset which has deteriorated in condition by reason of use or other causes, a depreciation allowance calculated in the manner contemplated in section 8<\/a>(5)(bB)(i); or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 where such property is purchased, manufactured, erected, assembled, installed or constructed by or on behalf of the taxpayer in order to form the subject of the said donation, the lower of-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the fair market value of that property on the date of that donation; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the cost to the taxpayer of such property.<\/span><\/p>\n

<\/p>\n

(3A)\u00a0\u00a0\u00a0If any deduction is claimed by any taxpayer under the provisions of subsection (1) in respect of any donation of immovable property of a capital nature where the lower of market value or municipal value exceeds cost, the amount of such deduction shall be determined in accordance with the formula:<\/span><\/p>\n

<\/p>\n

A = B + (C x D)<\/p>\n

<\/p>\n

in which formula:<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u201cA\u201d represents the amount deductible in respect of subsection (1);<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u201cB\u201d represents the cost of the immovable property being donated;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cC\u201d represents the amount of a capital gain (if any), that would have been determined in terms of the Eighth Schedule had the immovable property been disposed of for an amount equal to the lower of market value or municipal value on the day the donation is made; and<\/span><\/p>\n

[Paragraph (c)\u00a0substituted by\u00a0section 22\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0\u2018D\u2019 represents 60 per cent in the case of a natural person or special trust or 20 per cent in any other case.<\/span><\/p>\n

[Paragraph (d) substituted by section 35 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(3B) \u00a0 No deduction shall be allowed under this section in respect of the donation of any property in kind which constitutes, or is subject to any fiduciary right, usufruct or other similar right, or which constitutes an intangible asset or financial instrument, unless that financial instrument is-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a share in a listed company; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0issued by an eligible financial institution as defined in\u00a0section 1\u00a0of the Financial Sector Regulation Act.<\/span><\/p>\n

[Paragraph (b) substituted by section 29 of Act 43 of 2014 and section 35 of Act 23 of 2018 effective on 1 April 2018]<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 The provisions of section 30<\/a>(10) shall apply mutatis mutandis<\/em> in respect of any institution, board or body contemplated in subsection (1) (a).<\/span><\/p>\n

[Subsection (4) substituted by section 3 of Act 44 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0If the Commissioner has reasonable grounds for believing that any person who is in a fiduciary capacity responsible for the management or control of the income or assets of any public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation (other than an institution, board or body in respect of which subsection (5B) applies) has-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in any material way failed to ensure that the objects for which the public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or\u00a0\u00a0organisation was established are carried out or has expended moneys belonging to the public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation for purposes not covered by such objects;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0issued or allowed a receipt to be issued to any taxpayer for the purposes of this section in respect of any fees or other emoluments payable to that organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation by that taxpayer;<\/span><\/p>\n

[Paragraph (b)\u00a0amended by\u00a0section 4(f)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0issued or allowed a receipt to be issued in contravention of subsection (2A) or utilised a donation in respect of which a receipt was issued for any purpose other than the purpose contemplated in that subsection;<\/span><\/p>\n

[Paragraph (c)\u00a0amended by\u00a0section 4(f)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0failed to obtain and retain an audit certificate as contemplated in subsection (2B); or<\/span><\/p>\n

[Paragraph (d)\u00a0added by\u00a0section 4(f)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0failed to submit an audit certificate as contemplated in subsection (2C),<\/span><\/p>\n

[Paragraph (e)\u00a0added by\u00a0section 4(f)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

the Commissioner may by notice in writing addressed to that person direct that-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any donation in respect of which a receipt was issued by that public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation during any year of assessment specified in that notice, will be deemed to be taxable income of that public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation in that year; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0if corrective steps are not taken by that public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation within a period stated by the Commissioner in that notice, any receipt issued by that public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation in respect of any donation made on or after the date specified in that notice shall not qualify as a valid receipt for purposes of subsection (2).<\/span><\/p>\n

[Subsection (5) substituted by section 26 of Act 31 of 2005, section 34 of Act 60 of 2008 and section 35 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(5A)\u00a0 If the Commissioner has reasonable grounds for believing that any regulating or co-ordinating body of a group of public benefit organisations, institutions, boards or bodies contemplated in section 30<\/a>(3A) or subsection (6) fails to \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 take any steps contemplated in section 30<\/a>(3A) or subsection (6), to exercise control over any public benefit organisation, institution, board or body in that group; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 notify the Commissioner where it becomes aware of any material failure by any public benefit organisation, institution. board or body over which it exercises control to comply with any provision of this section,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

the Commissioner may by notice in writing addressed to that regulating or co-ordinating body direct that if corrective steps are not taken by that regulating or co-ordinating body within a period stated by the Commissioner in that notice, any receipt issued by public benefit organisations, institutions, boards or bodies in that group in respect of any donation made on or after the date specified in that notice shall not qualify as a valid receipt for purposes of subsection (2).<\/p>\n

<\/p>\n

(5B)\u00a0\u00a0 If the Commissioner has reasonable grounds for believing that any accounting officer or accounting authority contemplated in the Public Finance Management Act or an accounting officer contemplated in the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003), as the case may be, for any institution in respect of which that Act applies, has issued or allowed a receipt to be issued in contravention of subsection (2A) or utilised a donation in respect of which a receipt was issued for any purpose other than the purpose contemplated in that subsection, the Commissioner \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 must notify the National Treasury and the Provincial Treasury (if applicable) of the contravention; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 may by notice in writing addressed to that accounting officer or accounting authority direct that, if corrective steps are not taken by that accounting officer or accounting authority within a period stated by the Commissioner in that notice, any receipt issued by that institution in respect of any donation made on or after the date specified in that notice shall not qualify as a valid receipt for purposes of subsection (2).<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(5C) \u00a0If any public benefit organisation contemplated in subsection (1)(b), has not distributed amounts as contemplated in subsection (2D), or has not incurred the obligation to distribute those amounts received in respect of investment assets held by it, those amounts shall be deemed to be taxable income of that public benefit organisation in that year of assessment.<\/span><\/p>\n

[Subsection (5C) inserted by section 29 of Act 43 of 2014 and substituted by section 34 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 The Commissioner may, for the purposes of this section, approve a group of institutions, boards or bodies contemplated in subsection (1)(a)(ii), sharing a common purpose which carry on any public benefit activity under the direction or supervision of a regulating or co-ordinating body, where that body takes such steps, as prescribed by the Commissioner, to exercise control over those institutions, boards or bodies in order to ensure that they comply with the provisions of this section.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0Any person who is-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in a fiduciary capacity responsible for the management or control of the income and assets of any public benefit organisation, institution, board or body contemplated in this section; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the accounting officer or accounting authority contemplated in the Public Finance Management Act or the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003), as the case may be, for any institution in respect of which that Act applies,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

who intentionally fails to comply with any provisions of this section, or a provision of the constitution, will or other written instrument under which such organisation is established to the extent that it relates to the provisions of this section, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 24 months.<\/p>\n","post_title":"Section 18A (ITA) - Deductions of donations to certain organisations","collection_order":483,"collection":597,"post_modified":"2023-01-21 21:38:48","post_date":"2015-10-15 12:14:52"},{"ID":"889","post_content":"

19. Concession or compromise in respect of a debt<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n","post_title":"Section 19 (ITA) - Concession or compromise in respect of a debt","collection_order":484,"collection":597,"post_modified":"2019-06-19 11:05:27","post_date":"2015-10-15 12:14:52"},{"ID":"891","post_content":"

\u2018allowance asset\u2019<\/strong> means a capital asset in respect of which a deduction or allowance is allowable in terms of this Act for purposes other than the determination of any capital gain or capital loss;<\/p>\n","post_title":"\"Allowance asset\" definition of section 19 of ITA","collection_order":485,"collection":597,"post_modified":"2019-06-19 11:05:34","post_date":"2015-04-15 11:19:59"},{"ID":"893","post_content":"

\u2018capital asset\u2019<\/strong> means an asset as defined in paragraph 1<\/a> of the Eighth Schedule that is not trading stock;<\/p>\n","post_title":"\"Capital asset\" definition of section 19 of ITA","collection_order":486,"collection":597,"post_modified":"2019-06-19 11:05:41","post_date":"2015-10-15 12:14:52"},{"ID":"12821","post_content":"

\u201cconcession or compromise\u201d<\/strong>\u00a0means any arrangement in terms of which-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a debt is-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0cancelled or waived; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0extinguished by-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0redemption of the claim in respect of that debt by the person owing that debt or by any person that is a connected person in relation to that person; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0merger by reason of the acquisition by the person owing that debt of the claim in respect of that debt,<\/span><\/p>\n

<\/p>\n

otherwise than as the result or by reason of the implementation of an arrangement described in paragraph (b);<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a debt owed by a company is settled, directly or indirectly-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by being converted to or exchanged for shares in that company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0by applying the proceeds from shares issued by that company;<\/span><\/p>\n

[Definition of \u201cconcession or compromise\u201d substituted by section 36 of Act 23 of 2018 effective on 1 January 2018,\u00a0 applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Concession or compromise\" definition of section 19 of ITA","collection_order":487,"collection":597,"post_modified":"2020-05-27 19:36:03","post_date":"2018-01-24 19:41:34"},{"ID":"895","post_content":"

\u2018debt\u2019<\/strong>\u00a0means any amount that is owed by a person in respect of-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0expenditure incurred by that person; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a loan, advance or credit that was used, directly or indirectly, to fund any expenditure incurred by that person,<\/span><\/p>\n

<\/p>\n

but does not include a tax debt as defined in\u00a0section 1<\/a>\u00a0of the Tax Administration Act;<\/p>\n

[Definition of \u201cdebt\u201d substituted by section 36 of Act 23 of 2018 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Debt\" definition of section 19 of ITA","collection_order":488,"collection":597,"post_modified":"2020-05-27 19:36:11","post_date":"2015-10-15 12:14:52"},{"ID":"897","post_content":"

\u2018debt benefit\u2019<\/strong>, in respect of a debt owed by a person to another person, means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of an arrangement described in paragraph (a) (i) of the definition of \u2018concession or compromise\u2019, the amount cancelled or waived;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of the extinction of that debt by means of an arrangement described in paragraph (a)(ii) of the definition of \u2018concession or compromise\u2019, the amount by which the face value of the claim in respect of that debt held by the person to whom the debt is owed prior to the entering into of that arrangement exceeds the expenditure incurred in respect of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the redemption of that debt; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the acquisition of the claim in respect of that debt;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of the settling of that debt by means of an arrangement described in paragraph (b) of the definition of \u2018concession or compromise\u2019, where the person who acquired shares in a company in terms of that arrangement did not hold an effective interest in the shares of that company prior to the entering into of that arrangement, the amount by which the face value of the claim held in respect of that debt prior to the entering into of that arrangement exceeds the market value of the shares acquired by reason or as a result of the implementation of that arrangement; or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of the settling of that debt by means of an arrangement described in paragraph (b) of the definition of \u2018concession or compromise\u2019, where the person who acquired shares in a company in terms of that arrangement held an effective interest in the shares of that company prior to the entering into of that arrangement, the amount by which the face value of the claim held in respect of that debt prior to the entering into of that arrangement exceeds the amount by which the market value of any effective interest held by that person in the shares of that company immediately after the implementation of that arrangement exceeds, solely as a result of the implementation of that arrangement, the market value of the effective interest held by that person in the shares of that company immediately prior to the entering into of that arrangement;<\/span><\/p>\n

[Definition of \u201cdebt benefit\u201d substituted by section 36 of Act 23 of 2018 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Debt benefit\" definition of section 19 of ITA","collection_order":489,"collection":597,"post_modified":"2020-05-27 19:36:31","post_date":"2015-10-15 12:14:52"},{"ID":"12829","post_content":"

\u201cgroup of companies\u201d\u00a0<\/strong>means a group of companies as defined in\u00a0section 41<\/a>; and<\/p>\n

[Definition of \u201cgroup of companies\u201d amended by\u00a0section\u00a017(1)(a)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n","post_title":"\"Group of companies\" definition of section 19 of ITA","collection_order":490,"collection":597,"post_modified":"2023-01-21 21:39:05","post_date":"2018-01-24 19:50:09"},{"ID":"17649","post_content":"

\u2018market value\u2019<\/strong>, in relation to shares acquired or held by reason or as a result of implementing a concession or compromise in respect of a debt, means the market value of those shares immediately after the implementation of that concession or compromise.<\/p>\n

[Definition of \u201cmarket value\u201d inserted by section 36 of Act 23 of 2018 effective on 1 January 2018,\u00a0applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Market value\" definition of section 19 of ITA","collection_order":491,"collection":597,"post_modified":"2020-05-27 19:36:35","post_date":"2019-02-04 19:26:15"},{"ID":"899","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Subject to subsection (8), this section applies where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a debt benefit in respect of a debt owed by a person arises in respect of a year of assessment by reason or as a result of a concession or compromise in respect of that debt during that year of assessment; and<\/span><\/p>\n

[Paragraph (a) substituted by section 36 of Act 23 of 2018 effective on 1 January 2018\u00a0and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of that debt is owed by that person in respect of or was used by that person to fund, directly or indirectly, any expenditure in respect of which a deduction or allowance was granted in terms of this Act.<\/span><\/p>\n

[Paragraph (b) substituted by section 36 of Act 23 of 2018 effective on 1 January 2018\u00a0and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a debt benefit arises in respect of a debt owed by a person as contemplated in subsection (2); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of that debt is owed in respect of or was used as contemplated in paragraph (b) of that subsection to fund expenditure incurred in respect of trading stock that is held and not disposed of by that person at the time the debt benefit arises,<\/span><\/p>\n

[Paragraph (b) substituted by section 36 of Act 23 of 2018 effective on 1 January 2018 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

the debt benefit in respect of that debt must, to the extent that an amount is taken into account by that person in respect of that trading stock in terms of section 11(a)<\/a> or 22<\/a>(1) or (2) for the year of assessment in which the debt benefit arises, be applied to reduce the amount so taken into account in respect of that trading stock.<\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a debt benefit arises in respect of a debt owed by a person as contemplated in subsection (2);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of that debt is owed in respect of or was used as contemplated in paragraph (b) of that subsection to fund expenditure incurred in respect of trading stock that is held and not disposed of by that person at the time the debt benefit arises,\u00a0and<\/span><\/p>\n

[Paragraph (b) substituted by section 36 of Act 23 of 2018 effective on 1 January 2018\u00a0and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 subsection (3) has been applied to reduce an amount taken into account by that person in respect of trading stock as contemplated in that subsection to the full extent of that amount so taken into account,<\/span><\/p>\n

<\/p>\n

the debt benefit in respect of that debt, less any amount of that debt benefit that has been applied to reduce an amount as contemplated in subsection (3) must, to the extent that a deduction or allowance was granted in terms of this Act to that person in respect of that expenditure, be deemed, for the purposes of section 8<\/a>(4)(a), to be an amount that has been recovered or recouped by that person for the year of assessment in which the debt benefit arises.<\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0Where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a debt benefit arises in respect of a debt owed by a person as contemplated in subsection (2); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of that debt is owed in respect of or was used as contemplated in paragraph (b) of that subsection to fund expenditure other than expenditure incurred\u2014<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in respect of trading stock that is held and not disposed of by that person at the time the debt benefit arises; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in respect of an allowance asset,<\/span><\/p>\n

[Paragraph (b)\u00a0amended by\u00a0section\u00a036(1)(g)\u00a0of\u00a0Act 23 of 2018\u00a0deemed effective on 1 January, 2018 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

the debt benefit in respect of that debt must, to the extent that a deduction or allowance was granted in terms of this Act to that person in respect of that expenditure, be deemed, for the purposes of section 8<\/a>(4)(a), to be an amount that has been recovered or recouped by that person for the year of assessment in which the debt benefit arises.<\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0Where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a debt benefit arises in respect of a debt owed by a person as contemplated in subsection (2); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the amount of that debt is owed in respect of or was used as contemplated in paragraph (b) of that subsection to fund expenditure incurred in respect of an allowance asset that was not disposed of in a year of assessment prior to that in which that debt benefit arises,<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a036(1)(h)\u00a0of\u00a0Act 23 of 2018\u00a0deemed effective on 1 January, 2018 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

the debt benefit in respect of that debt must, to the extent that-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a deduction or allowance was granted in terms of this Act to that person in respect of that expenditure; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the debt benefit has not been applied as contemplated in paragraph 12A<\/a> of the Eighth Schedule<\/a> to reduce the amount of expenditure as contemplated in paragraph 20<\/a> of that Schedule in respect of that allowance asset,<\/span><\/p>\n

<\/p>\n

be deemed, for the purposes of section 8<\/a>(4)(a), to be an amount that has been recovered or recouped by that person for the year of assessment in which the debt benefit arises.<\/p>\n

<\/p>\n

(6A)\u00a0\u00a0\u00a0\u00a0Where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a debt benefit arises during any year of assessment in respect of a debt owed by a person as contemplated in subsection (2); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of that debt is owed in respect of or was used as contemplated in paragraph (b) of that subsection to fund expenditure incurred in respect of an allowance asset that was disposed of in a year of assessment prior to that in which that debt benefit arises,<\/span><\/p>\n

<\/p>\n

that person must treat the debt benefit in respect of that debt to the extent that\u2014<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a deduction or allowance was granted in terms of this Act to that person in respect of that expenditure; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that debt benefit has not been applied as contemplated in paragraph 12A<\/a> of the Eighth Schedule<\/a> to reduce the amount of expenditure as contemplated in paragraph 20<\/a> of that Schedule in respect of the allowance asset,<\/span><\/p>\n

<\/p>\n

less any amount, if any, previously determined in respect of that disposal as a recovery or recoupment of a deduction or allowance, as an amount recovered or recouped for purposes of\u00a0section 8<\/a>(4)(a)\u00a0in the year of assessment in which that debt benefit arises.<\/p>\n

[Subsection (6A)\u00a0inserted by\u00a0section\u00a036(1)(i)\u00a0of\u00a0Act 23 of 2018\u00a0and substituted by\u00a0section\u00a010(1)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0Where a debt benefit arises in respect of a debt owed by a person that was used to fund expenditure incurred in respect of an allowance asset, the aggregate amount of the deductions and allowances allowable to that person in respect of that allowance asset may not exceed an amount equal to the aggregate of the expenditure incurred in the acquisition of that allowance asset, reduced by an amount equal to the sum of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the debt benefit in respect of that debt; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the aggregate amount of all deductions and allowances previously allowed to that person in respect of that allowance asset.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0\u00a0This section must not apply to a debt benefit in respect of any debt owed by a person-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that is an heir or legatee of a deceased estate, to the extent that-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the debt is owed to that deceased estate;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the debt is reduced by the deceased estate; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the amount by which the debt is reduced by the deceased estate forms part of the property of the deceased estate for the purposes of the Estate Duty Act;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent that the debt is reduced by way of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a donation as defined in\u00a0section 55<\/a>(1); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0any transaction to which\u00a0section 58<\/a>\u00a0applies,<\/span><\/p>\n

<\/p>\n

in respect of which donations tax is payable;<\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a036(1)(j)\u00a0of\u00a0Act 23 of 2018\u00a0and amended by\u00a0section\u00a017(1)(b)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 to an employer of that person, to the extent that the debt is reduced in the circumstances contemplated in paragraph 2<\/a>(h) of the Seventh Schedule<\/a>;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 to another person where the person that owes that debt is a company if-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that company owes that debt to a company that forms part of the same group of companies as that company; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that company has not carried on any trade,<\/span><\/p>\n

<\/p>\n

during the year of assessment in which that debt benefit arises as well as during the immediately preceding year of assessment: Provided that this paragraph must not apply in respect of any debt-<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0incurred, directly or indirectly by that company to fund expenditure incurred in respect of any asset that is disposed of by that company, before or after that debt benefit arises, by way of an asset-for-share, intra-group or amalgamation transaction or a liquidation distribution in respect of which the provisions of section 42<\/a>, 44<\/a>, 45<\/a> or 47<\/a>, as the case may be, applied; or;<\/span><\/span><\/p>\n

[Subparagraph (aa)\u00a0substituted by\u00a0section 23(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 incurred or assumed by that company in order to settle, take over, refinance or renew, directly or indirectly, any debt incurred by-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 any other company that forms part of the same group of companies; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0any company that is a controlled foreign company in relation to any company that forms part of the same group of companies;<\/span><\/p>\n

[Paragraph (d) amended by section 36 of Act 23 of 2018 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

: Provided further that where a debt benefit arises prior to the disposal of the\u00a0 \u00a0asset, that debt benefit must be treated as a debt benefit that arose immediately\u00a0 before that disposal;<\/span><\/p>\n

[Paragraph (d)\u00a0amended by\u00a0section\u00a036(1)(k)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section 23(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 to another person where the person that owes that debt is a company that-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 owes that debt to a company that forms part of the same group of companies as that company; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 reduces or settles that debt, directly or indirectly, by means of shares issued by that company:<\/span><\/p>\n

<\/p>\n

Provided that this paragraph must not apply in respect of any debt that was incurred or assumed by that company in order to settle, take over, refinance or renew, directly or indirectly, any debt incurred by another company which-<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0did not form part of that same group of companies at the time that that other company incurred that debt; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 does not form part of that same group of companies at the time that that company reduces or settles that debt, directly or indirectly, by means of shares issued by that company; or<\/span><\/p>\n

[Paragraph (e) amended by section 36 of Act 23 of 2018 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent that the debt so owed-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0is settled by means of an arrangement described in paragraph (b) of the definition of \u2018concession\u00a0or compromise\u2019; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0does not consist of or represent an amount owed by that person in respect of any interest as defined in section 24J<\/a> incurred by that person during any year of assessment.<\/span><\/p>\n

[Paragraph (f)\u00a0added by\u00a0section\u00a036(1)(k) Act 23 of 2018\u00a0deemed effective on 1 January, 2018 and applicable in respect of years of assessment commencing on or after that date.\u00a0Subparagraph (ii)\u00a0substituted by\u00a0section\u00a017(1)(c)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

[Section\u00a019\u00a0amended by\u00a0section 15\u00a0of\u00a0Act 90 of 1962, by\u00a0section 6\u00a0of\u00a0Act 6 of 1963, by\u00a0section\u00a017\u00a0of\u00a0Act 88 of 1965, by\u00a0section\u00a017(1)\u00a0of\u00a0Act 88 of 1971, by\u00a0section\u00a014(1)\u00a0of\u00a0Act\u00a090 of 1972, by\u00a0section 18\u00a0of\u00a0Act\u00a085 of 1974, by\u00a0section\u00a014\u00a0of\u00a0Act\u00a0104 of 1980, by\u00a0section\u00a017\u00a0of\u00a0Act\u00a096 of 1981, by\u00a0section\u00a015(1)\u00a0of\u00a0Act\u00a091 of 1982, by\u00a0section\u00a017(1)\u00a0of\u00a0Act\u00a094 of 1983, by\u00a0section\u00a017\u00a0of\u00a0Act 121 of 1984, by\u00a0section\u00a012(1)\u00a0of\u00a0Act\u00a096 of 1985, by\u00a0section\u00a012\u00a0of\u00a0Act\u00a065 of 1986, by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a0108 of 1986, by\u00a0section\u00a013\u00a0of\u00a0Act\u00a085 of 1987, by\u00a0section 18(1)\u00a0of\u00a0Act 101 of 1990, by\u00a0section\u00a021\u00a0of\u00a0Act\u00a0129 of 1991, by\u00a0section\u00a033\u00a0of\u00a0Act\u00a030 of 1998, repealed by\u00a0section\u00a025(1)\u00a0of\u00a0Act\u00a030 of 2000, inserted by\u00a0section\u00a036(1)\u00a0of\u00a0Act\u00a022 of 2012, amended by\u00a0section\u00a053(1)(a)-(h) of\u00a0Act\u00a031 of 2013, by\u00a0section\u00a030\u00a0of\u00a0Act\u00a043 of 2014\u00a0and by\u00a0section\u00a035\u00a0of\u00a0Act\u00a025 of 2015\u00a0and substituted by\u00a0section\u00a032(1)\u00a0of\u00a0Act 17 of 2017\u00a0with effect from 1\u00a0January, 2018 and applicable in respect of years of assessment commencing on or after that date.\u00a0Paragraph (f)\u00a0added by\u00a0section\u00a036(1)(k)\u00a0Act 23 of 2018\u00a0effective on 1 January, 2018 and applicable in respect of years of assessment commencing on or after that date.\u00a0Subparagraph (ii)\u00a0substituted by\u00a0section\u00a017(1)(c)\u00a0of\u00a0Act\u00a020 of 2021\u00a0with effect from 1\u00a0January, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5, 6, 7 and 8 of section 19 of ITA","collection_order":492,"collection":597,"post_modified":"2024-01-26 10:02:02","post_date":"2015-10-15 12:14:52"},{"ID":"901","post_content":"

20. \u00a0 \u00a0 Set\u2013<\/em>off of assessed losses<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For the purpose of determining the taxable income derived by any person from carrying on any trade, there shall, subject to section 20A<\/a>, be set off against the income so derived by such person-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that is a company, other than a company referred to in subparagraph (ii), any balance of assessed loss incurred by that person in any previous year which has been carried forward from the preceding year of assessment, to the extent that the amount of such set-off does not exceed the higher of R1 million and 80 per cent of the amount of taxable income determined before taking into account the application of this section;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that is a company carrying on mining operations as contemplated in section 15<\/a>, any balance of assessed loss incurred by that person in any previous year which has been carried forward from the preceding year of assessment, to the extent that the amount of such set-off does not exceed the higher of R1 million and 80 per cent of the amount of taxable income determined before taking into account the application of\u2014<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0this section; and<\/span><\/p>\n

<\/p>\n

B)\u00a0\u00a0\u00a0 the provisions of section 36<\/a>(7C); or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0that is not a company, any balance of assessed loss incurred by that person in any previous year which has been carried forward from the preceding year of assessment: Provided that no person whose estate has been voluntarily or compulsorily sequestrated shall be entitled to carry forward any assessed loss incurred prior to the date of sequestration, unless the order of sequestration has been set aside, in which case the amount to be carried forward shall be reduced by an amount which was allowed to be set off against the income of the insolvent estate of such person from the carrying on of any trade.<\/span><\/p>\n

[Paragraph (a)\u00a0amended by\u00a0section 19(a)\u00a0of\u00a0Act 101 of 1990, by\u00a0section 17\u00a0of\u00a0Act 21 of 1995, by\u00a0section\u00a015\u00a0of\u00a0Act 28 of 1997, by\u00a0section\u00a019(a)\u00a0of\u00a0Act\u00a08 of 2007, by\u00a0section 32(a)\u00a0of\u00a0Act 35 of 2007, by\u00a0section\u00a037(1)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and by\u00a0section\u00a031(1)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and substituted by\u00a0section\u00a039(a)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section\u00a018(1)\u00a0of\u00a0Act\u00a020 of 2021 (as substituted by\u00a0section\u00a042(1)\u00a0of\u00a0Act\u00a020 of 2022) effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date (effective date in\u00a0section\u00a018(2)\u00a0of\u00a0Act\u00a020 of 2021\u00a0as substituted by\u00a0section\u00a09\u00a0of\u00a0Act\u00a019 of 2022)]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any assessed loss incurred by a person during the same year of assessment in carrying on any other trade either alone or in partnership with others, otherwise than as a member of a company the capital whereof is divided into shares:<\/span><\/p>\n

[Words preceding proviso substituted by section 39 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

Provided that there shall not be set off against any amount \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0derived by any person from a source within the Republic, any\u2014<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0assessed loss incurred by such person during such year; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0any balance of assessed loss incurred in any previous year of assessment,<\/span><\/p>\n

<\/p>\n

in carrying on any trade outside the Republic; or<\/p>\n

[Paragraph (b) substituted by section 35(1)(b) of Act 45 of 2003, amended by section 19(c) of Act 8 of 2007, substituted by section 15(1) of Act 3 of 2008 and amended by section 54(1)(a) of Act 31 of 2013 effective on 1 January, 2014 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that is a retirement fund lump sum benefit, retirement fund lump sum withdrawal benefit or severance benefit included in taxable income, any-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 balance of assessed loss;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 \u2018assessed loss\u2019 as defined in subsection (2) incurred in such year before taking into account that retirement fund lump sum benefit or retirement fund lump sum withdrawal benefit.<\/span><\/p>\n","post_title":"Section 20 (ITA) - Set off of assessed losses","collection_order":493,"collection":597,"post_modified":"2024-01-12 09:51:52","post_date":"2015-04-15 11:32:16"},{"ID":"911","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u201cassessed loss\u201d<\/strong> means any amount by which the deductions admissible under section 11<\/a> exceeded the income in respect of which they are so admissible.<\/span><\/p>\n","post_title":"\"Assessed loss\" definition of section 20 of ITA","collection_order":494,"collection":597,"post_modified":"2019-02-09 22:27:00","post_date":"2015-10-15 12:14:52"},{"ID":"913","post_content":"

(2A)\u00a0\u00a0In the case of any persons other than a company-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the provisions of subsections (1) and (2) shall\u00a0mutatis mutandis<\/em>\u00a0apply for the purpose of determining the taxable income derived by such person otherwise than from carrying on any trade, the reference in subsection (1) to \u201ctaxable income derived by any person from carrying on any trade\u201d and the reference in that subsection to \u201cthe income so derived\u201d being respectively construed as including a reference to taxable income derived by that person otherwise than from carrying on any trade and a reference to income so derived; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the said person shall, subject to the provisos to subsection (1), not be prevented from carrying forward a balance of assessed loss merely by reason of the fact that he has not derived any income during any year of assessment.<\/span><\/p>\n

[Subssection (2A) amended by section 15 of Act 65 of 1973 and section 19 of Act 8 of 2007 and substituted by section 39 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"Subsection 2A of section 20 of ITA","collection_order":495,"collection":597,"post_modified":"2019-02-09 22:27:07","post_date":"2015-10-15 12:14:52"},{"ID":"903","post_content":"

20A.\u00a0\u00a0\u00a0 Ring-fencing of assessed losses of certain trades<\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to subsection (3), where the circumstances in subsection (2) apply during any year of assessment in respect of any trade carried on by a natural person, any assessed loss incurred during that year in carrying on that trade may not be set off against any income of that person derived during that year otherwise than from carrying on that trade, notwithstanding section 20<\/a>(1)(b).<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Subsection (1) applies where the sum of the taxable income of a person for a year of assessment (determined without having regard to the other provisions of this section) and any assessed loss and balance of assessed loss which were set off in terms of section 20 in determining that taxable income, equals or exceeds the amount at which the maximum marginal rate of tax chargeable in respect of the taxable income of individuals becomes applicable, and where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that person has, during the five year period ending on the last day of that year of assessment, incurred an assessed loss in at least three years of assessment in carrying on the trade contemplated in subsection (1) (before taking into account any balance of assessed loss carried forward); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the trade contemplated in subsection (1), in respect of which the assessed loss was incurred constitutes-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any sport practised by that person or any relative;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any dealing in collectibles by that person or any relative;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the rental of residential accommodation, unless at least 80 per cent of the residential accommodation is used by persons who are not relatives of that person for at least half of the year of assessment;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 the rental of vehicles, aircraft or boats as defined in the Eighth Schedule<\/a>, unless at least 80 per cent of the vehicles, aircraft or boats are used by persons who are not relatives of that person for at least half of the year of assessment;<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 animal showing by that person or any relative;<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 farming or animal breeding, unless that person carries on farming, animal breeding or activities of a similar nature on a full-time basis;<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0\u00a0any form of performing or creative arts practised by that person or any relative;<\/span><\/p>\n

[Subparagraph (vii) amended by section 37 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(viii)\u00a0 any form of gambling or betting practised by that person or any relative; or<\/span><\/p>\n

[Subparagraph (viii) amended by section 37 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(ix)\u00a0\u00a0\u00a0\u00a0the acquisition or disposal of any crypto asset.<\/span><\/p>\n

[Subparagraph (ix) added by section 37 of Act 23 of 2018 and substituted by section 23 of Act 23 of 2020]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The provisions of subsection (1) do not apply in respect of an assessed loss incurred by a person during any year of assessment from carrying on any trade contemplated in subsection (2)(a) or (b), where that trade constitutes a business in respect of which there is a reasonable prospect of deriving taxable income (other than taxable capital gain) within a reasonable period having special regard to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the proportion of the gross income derived from that trade in that year of assessment in relation to the amount of the allowable deductions incurred in carrying on that trade during that year;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the level of activities carried on by that person or the amount of expenses incurred by that person in respect of advertising, promoting or selling in carrying on that trade;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 whether that trade is carried on in a commercial manner, taking into account-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the number of full-time employees appointed for purposes of that trade (other than persons partly or wholly employed to provide services of a domestic or private nature);<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the commercial setting of the premises where the trade is carried on;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the extent of the equipment used exclusively for purposes of carrying on that trade; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 the time that the person spends at the premises conducting that business;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the number of years of assessment during which assessed losses were incurred in carrying on that trade in relation to the period from the date when that person commenced carrying on that trade and taking into account-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any unexpected events giving rise to any of those assessed losses; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the nature of the business involved;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the business plans of that person and any changes thereto to ensure that taxable income is derived in future from carrying on that trade; and<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 the extent to which any asset attributable to that trade is used, or is available for use, by that person or any relative of that person for recreational purposes or personal consumption.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Subsection (3) does not apply in respect of a trade contemplated in subsection (2)(b) (other than farming) carried on by a person during any year of assessment where that person has, during the 10 year period ending on the last day of that year of assessment, incurred an assessed loss in at least six years of assessment in carrying on that trade (before taking into account any balance of assessed loss carried forward).<\/span><\/p>\n

[Sub\u00adsection (4) substituted by section 23 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Notwithstanding section 20<\/a>(1)(a), any balance of assessed loss carried forward from the preceding year of assessment, which is attributable to an assessed loss in respect of which subsection (1) applied in that preceding year or any prior year of assessment, may not be set off against any income derived by that person otherwise than from carrying on the trade contemplated in subsection (1).<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section and section 20<\/a>, the income derived from any trade referred to in subsections (1) or (5), includes any amount-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 which is included in the income of that person in terms of section 8<\/a> in respect of an amount deducted in any year of assessment in carrying on that trade; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 derived from the disposal after cessation of that trade of any assets used in carrying on that trade.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 Notwithstanding anything to the contrary contained in this Act, all farming activities carried on by a person shall be deemed to constitute a single trade carried on by that person for the purposes of this section.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 Where the provisions of subsection (2) apply during any year of assessment in respect of any trade carried on by a person, that person must indicate the nature of the business in his or her return contemplated in section 66 for that year of assessment.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 For the purposes of subsections (2)(a) and (4), any assessed loss incurred in any year of assessment ending on or before 29 February 2004 shall not be taken into account.<\/span><\/p>\n","post_title":"Section 20A (ITA) - Ring-fencing of assessed losses of certain trades","collection_order":496,"collection":597,"post_modified":"2022-02-12 20:19:27","post_date":"2015-10-15 12:14:52"},{"ID":"905","post_content":"

(10) \u00a0 \u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2018assessed loss\u2019<\/strong> means \u2018assessed loss\u2019 as defined in section 20<\/a>(2); and<\/span><\/p>\n","post_title":"\"Assessed loss\" definition of section 20A of ITA","collection_order":497,"collection":597,"post_modified":"2019-02-09 22:26:47","post_date":"2015-10-15 12:14:52"},{"ID":"908","post_content":"

(b)\u00a0\u00a0\u00a0\u00a0 \u2018relative\u2019<\/strong> in relation to a person means a spouse, parent, child, stepchild, brother, sister, grandchild or grandparent of that person.<\/span><\/p>\n","post_title":"\"Relative\" definition of section 20A of ITA","collection_order":498,"collection":597,"post_modified":"2019-02-09 22:26:54","post_date":"2015-10-15 12:14:52"},{"ID":"915","post_content":"

20B.\u00a0\u00a0\u00a0\u00a0 Limitation of losses from disposal of certain assets<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Any deduction which is allowable during any year of assessment under section 11(o)<\/a> in respect of the disposal by a person during that year of any asset the full consideration of which will not accrue to that person during that year, must be disregarded in that year,<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 So much of any amount disregarded in terms of subsection (1), which has not otherwise been allowed as a deduction, may be deducted from the income of that person in any subsequent year of assessment to the extent that any consideration which is received by or accrued to that person in that subsequent year from that disposal is included in the income of that person.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 If during any year of assessment a person contemplated in subsection (1) proves that no further consideration will accrue to him or her in that year and any subsequent year as contemplated in subsection (2), so much of the amount which was disregarded in terms of subsection (1) as has not been allowed as a deduction in any year, must be allowed as a deduction from the income of that person in that year of assessment.<\/span><\/p>\n","post_title":"Section 20B (ITA) - Limitation of losses from disposal of certain assets","collection_order":499,"collection":597,"post_modified":"2019-02-09 22:27:17","post_date":"2015-10-15 12:14:52"},{"ID":"917","post_content":"

20C.\u00a0\u00a0\u00a0 Ring-fencing of interest and royalties incurred by headquarter companies<\/span><\/strong><\/p>\n","post_title":"Section 20C (ITA) - Ring-fencing of interest and royalties incurred by headquarter companies","collection_order":500,"collection":597,"post_modified":"2019-02-09 22:27:27","post_date":"2015-10-15 12:14:52"},{"ID":"919","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

\u2018financial assistance\u2019<\/strong> means financial assistance contemplated in section 31<\/a>(1); and<\/p>\n","post_title":"\"Financial assistance\" definition of section 20C of ITA","collection_order":501,"collection":597,"post_modified":"2019-02-09 22:27:35","post_date":"2015-10-15 12:14:51"},{"ID":"921","post_content":"

\u2018royalty\u2019<\/strong> means any amount that is, before taking into account section 49D<\/a>(c), subject to the withholding tax on royalties in terms of Part IVA.<\/p>\n

[Definition of \u201croyalty\u201d substituted by section 36 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"\"Royalty\" definition of section 20C of ITA","collection_order":502,"collection":597,"post_modified":"2019-02-09 22:27:42","post_date":"2015-10-15 12:14:51"},{"ID":"923","post_content":"

(2) \u00a0 \u00a0 Where a headquarter company has during any year of assessment incurred any interest in respect of any financial assistance granted to that headquarter company by a person-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that is not a resident; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if that person is a company, that directly or indirectly (and whether alone or together with any other company forming part of the same group of companies as that person) holds at least 10 per cent of the equity shares and voting rights in that headquarter company,<\/span><\/p>\n

\u00a0<\/p>\n

the amount of that interest in respect of which a deduction is allowable to that headquarter company in that year of assessment is limited to so much of the amount of interest received by or accrued to the headquarter company as relates to any portion of that financial assistance that is directly applied as financial assistance to any foreign company in which the headquarter company directly or indirectly (whether alone or together with any other company forming part of the same group of companies as that headquarter company) holds at least 10 per cent of the equity shares and voting rights.<\/p>\n

\u00a0<\/p>\n

(2A) \u00a0 Where a headquarter company has during any year of assessment incurred any amount that constitutes a royalty payable to a person-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that is not a resident; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if that person is a company, that directly or indirectly (and whether alone or together with any other company forming part of the same group of companies as that person) holds at least 10 per cent of the equity shares and voting rights in that headquarter company,<\/span><\/p>\n

\u00a0<\/p>\n

the amount of that royalty in respect of which a deduction is allowable to that headquarter company in that year of assessment is limited to so much of any amounts received by or accrued to the headquarter company in respect of-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the use or right of use of or permission to use any intellectual property as defined in section 23I<\/a>; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the imparting of or the undertaking to impart any scientific, technical, industrial or commercial knowledge or information, or the rendering of or the undertaking to render, any assistance or service in connection with the application or utilisation of such knowledge or information,<\/span><\/p>\n

\u00a0<\/p>\n

from any foreign company in which the headquarter company directly or indirectly (whether alone or together with any other company forming part of the same group of companies as that headquarter company) holds at least 10 per cent of the equity shares and voting rights.<\/p>\n

\u00a0<\/p>\n

(3) \u00a0 \u00a0 Any amount that is disallowed as a deduction in any year of assessment of a headquarter company in terms of subsection (2) or (2A) must-<\/span><\/p>\n

\u00a0\u00a0\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 be carried forward to the immediately succeeding year of assessment of the headquarter company; and<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where that amount is disallowed as a deduction-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in terms of subsection (2), be deemed to be an amount of interest actually incurred by the headquarter company during that succeeding year in respect of financial assistance granted to that headquarter company by a person that is not a resident; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in terms of subsection (2A), be deemed to be an amount actually incurred by the headquarter company during that succeeding year that constitutes a royalty payable to a person that is not a resident.<\/span><\/p>\n","post_title":"Subsections 2, 2A and 3 of section 20C of ITA","collection_order":503,"collection":597,"post_modified":"2019-02-09 22:27:49","post_date":"2015-10-15 12:14:51"},{"ID":"925","post_content":"

21. \u00a0 \u00a0Deduction of alimony, allowance or maintenance<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

The taxpayer shall have his taxable income reduced by so much of any amount payable by him to or on behalf of his spouse or former spouse under any order of divorce or judicial separation granted in consequence of proceedings instituted not later than the twenty\u2013<\/em>first day of March, 1962, or under any written agreement of separation entered into not later than that date, by way of alimony or allowance or maintenance of his spouse or former spouse and any children, as the Commissioner is satisfied has been or will in respect of the year or period of assessment in question be paid out of the taxable income of the taxpayer: Provided that for the purposes of this section any order of divorce or judicial separation (hereinafter referred to as the subsequent order) which in effect supersedes any such first\u2013<\/em>mentioned order of judicial separation or written agreement of separation and does not vary the amount of alimony, allowance or maintenance payable thereunder, shall not affect the rights which any person may have under this section, and in the case of any such person and the spouse or former spouse of such person the subsequent order shall, for the purposes of this section and the provisions of section 10(1)(u)<\/a>, be deemed to have been granted in consequence of proceedings instituted on or before the said date.<\/p>\n","post_title":"Section 21 (ITA) - Deduction of alimony, allowance or maintenance","collection_order":504,"collection":597,"post_modified":"2019-02-09 22:27:58","post_date":"2015-10-15 12:14:51"},{"ID":"927","post_content":"

22.\u00a0 Amounts to be taken into account in respect of values of trading stocks<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The amount which shall, in the determination of the taxable income derived by any person during any year of assessment from carrying on any trade (other than farming), be taken into account in respect of the value of any trading stock held and not disposed of by him at the end of such year of assessment, shall be \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of trading stock other than trading stock contemplated in paragraph (b), the cost price to such person of such trading stock, less such amount as the Commissioner may think just and reasonable as representing the amount by which the value of such trading stock, not being any financial instrument, has been diminished by reason of damage, deterioration, change of fashion, decrease in the market value or for any other reason satisfactory to the Commissioner: Provided that for the purposes of this subsection-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the amount of trading stock must be taken into account in determining taxable income by including such amount in gross income; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in determining any diminution in the value of trading stock, no account must be taken of the fact that the value of some items of trading stock held and not disposed of by the taxpayer may exceed their cost price; and<\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a039(1)(a)\u00a0of\u00a0Act\u00a07 of 2010\u00a0and amended by\u00a0section\u00a024(1)\u00a0of\u00a0Act\u00a034 of 2019\u00a0effective on 1\u00a0January, 2020 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of any trading stock which consists of any instrument, interest rate agreement or option contract in respect of which a company has made an election which has taken effect as contemplated in section 24J<\/a>(9), the market value of such trading stock as contemplated in such section.<\/span><\/p>\n

<\/p>\n

(1A)\u00a0 Where in respect of any year of assessment ending after the commencement date defined in section 1 of the Value\u2013<\/em>Added Tax Act any amount of sales tax referred to in section 23C<\/a>(2) which was included in the cost price to the taxpayer of any trading stock is deemed by that section to have been recovered or recouped for the purposes of section 8<\/a>(4)(a), the cost of such trading stock held and not disposed of by the taxpayer at the end of such year shall be deemed to have been reduced by the said amount.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The amount which shall in the determination of the taxable income derived by any person during any year of assessment from carrying on any trade (other than farming), be taken into account in respect of the value of any trading stock held and not disposed of by him at the beginning of any year of assessment, shall \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if such trading stock formed part of the trading stock of such person at the end of the immediately preceding year of assessment be the amount which was, in the determination of the taxable income of such person for such preceding year of assessment, taken into account in respect of the value of such trading stock at the end of such preceding year of assessment; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if such trading stock did not form part of the trading stock of such person at the end of the immediately preceding year of assessment, be the cost price to such person of such trading stock.<\/span><\/p>\n

<\/p>\n

(2A)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Where any person carries on any construction, building, engineering or other tradein the course of which improvements are effected by him to fixed property owned by any other person, any such improvements effected by him and any materials delivered by him to such fixed property which are no longer owned by him shall, until the contract under which such improvements are effected has been completed, be deemed for the purposes of this section to be trading stock held and not disposed of by him.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 For the purposes of paragraph (a), a contract shall be deemed to have been completed when the taxpayer has carried out all the obligations imposed upon him under the contract and has become entitled to claim payment of all amounts due to him under the contract.<\/span><\/p>\n

<\/p>\n

(3)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section the cost price at any date of any trading stock in relation to any person shall \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 subject to subparagraphs (iA) and (ii), be the cost incurred by such person, whether in the current or any previous year of assessment in acquiring such trading stock, plus any further costs incurred by such person, in terms of IFRS (in the case of a company), up to and including the said date in getting such trading stock into its then existing condition and location, but excluding any exchange difference as defined in section 24I<\/a>(1) relating to the acquisition of such trading stock;<\/span><\/p>\n

\u00a0[Subparagraph (i) substituted by section 36 of Act 60 of 2008 and section 32 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iA)\u00a0\u00a0 include an amount that has been included in that person\u2019s income in terms of section 8<\/a>(5), which was applied in reduction or towards settlement of the purchase price of that trading stock;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of any trading stock which is in terms of paragraph 12<\/a>(2)(c) of the Eighth Schedule<\/a> treated as having been acquired at a cost equal to the market value, be that market value; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 in the case of-<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(aa) \u00a0 a right in a controlled foreign company held directly by a resident, include an amount equal to the proportional amount of the net income (without having regard to the percentage adjustments contemplated in paragraph 10<\/a> of the Eighth Schedule<\/a>) of that company and of any other controlled foreign company in which that controlled foreign company and that resident directly or indirectly have an interest, which was included in the income of that resident in terms of section 9D<\/a> during any year of assessment, reduced by the amount of any foreign dividend distributed by that company to that resident during any year of assessment which was exempt from tax in terms of section 10B<\/a>(2)(a) or (c); or<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(bb)\u00a0\u00a0 a right in a controlled foreign company held directly by another controlled foreign company, include an amount equal to the proportional amount of the net income (without having regard to the percentage adjustments contemplated in paragraph 10<\/a> of the Eighth Schedule) of that first-mentioned controlled foreign company and of any other controlled foreign company in which both the first- and second-mentioned controlled foreign companies directly or indirectly have an interest, which during any year of assessment would have been included in the income of that second-mentioned controlled foreign company in terms of section 9D<\/a> had it been a resident, reduced by the amount of any foreign dividend distributed by that first-mentioned controlled foreign company to the second-mentioned controlled foreign company if that dividend would have been exempt from tax in terms of section 10B<\/a>(2)(a) or (c) had that second-mentioned controlled foreign company been a resident;<\/span><\/p>\n

[Subparagraph (iii) inserted by section 36 of Act 60 of 2008, amended by section 45 of Act 24 of 2011, substituted by section 37 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (b) substituted by section 12 of Act 5 of 2001, deleted by section 32 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(3A)\u00a0\u00a0\u00a0For the purposes of this section the cost price of trading stock referred to in subsection (2A) shall be the sum of the cost to the taxpayer of material used by the taxpayer in effecting the relevant improvements, and such further costs incurred by the taxpayer as in accordance with IFRS are to be regarded as having been incurred directly in connection with the relevant contract, and such portion of any other costs incurred by the taxpayer in connection with the relevant contract and other contracts as in accordance with IFRS are to be regarded as having been incurred in connection with the relevant contract, less a deduction of so much of-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 33 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any income received by or accrued to the taxpayer in respect of the relevant contract;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any portion of an amount payable to the taxpayer under the relevant contract (but not exceeding 15 per cent of the total amount payable to him under such contract) the payment of which has been withheld as a retention; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any of the said costs included under this subsection as exceed that portion of the contract price which relates to the improvements actually effected by him,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

as does not exceed the said sum.<\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0If any trading stock has been acquired by any person for no consideration or for a consideration which is not measurable in terms of money, other than a government grant in kind, such person shall for the purposes of subsection (3), unless subsection (3)(a)(iA) applies, be deemed to have acquired such trading stock at a cost equal to the current market price of such trading stock on the date on which it was acquired by such person.<\/span><\/p>\n

[Subsection (4) amended by section 14 of Act 90 of 1964, section 23 of Act 85 of 1974 and section 17 of Act 113 of 1993 and substituted by section 36 of Act 60 of 2008, section 36 of Act 60 of 2008 and section 33 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(4A)\u00a0 For the purposes of subsection (4), where \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any security has been lent by a lender to a borrower in terms of a securities lending arrangement, such security shall be deemed not to have been acquired by such borrower; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 another security that is an identical security has been returned by such borrower to such lender, such other security shall be deemed not to have been acquired by such lender.<\/span><\/p>\n

[Paragraph (b) substituted by section 37 of Act 45 of 2003 and section 37 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(4B)\u00a0 For the purposes of subsection (4), where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any share has been transferred by a transferor to a transferee in terms of a collateral arrangement, that share shall be deemed not to have been acquired by that transferee; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a share that is an identical share to the share contemplated in paragraph (a) has been returned by that transferee to that transferor in terms of that collateral arrangement, the share so returned shall be deemed not to have been acquired by that transferor.<\/span><\/p>\n

[Subsection (4B) inserted by section 37 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 No person may for the purpose of determining the cost price of any trading stock, adopt the basis of trading stock valuation whereunder the last item of any class of trading stock acquired by him on any date is deemed to be the first item of that class of trading stock disposed of by him on or after that date.<\/span><\/p>\n

<\/p>\n

(5A)\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (5A) inserted by section 1 of Act 168 of 1993, amended by section 27 of Act 30 of 2000 and deleted by section 37 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Any reference in this section to the beginning or end of a year of assessment includes-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the period assessed is less than twelve months, a reference to the beginning or end, as the case may be, of the period assessed;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where accounts are accepted under section 66<\/a>(13A) or (13C) to a date agreed to by the Commissioner, a reference to the beginning or end, as the case may be, of the period covered by the accounts.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 If during any year of assessment \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any taxpayer has applied trading stock to his private or domestic use or consumption; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any \u2013<\/em><\/span><\/p>\n

\u00a0<\/em><\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 taxpayer has applied trading stock for the purpose of making any donation thereof;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0taxpayer has disposed of trading stock, other than in the ordinary course of his or her trade for a consideration less than the market value thereof;<\/span><\/p>\n

[Subparagraph (ii) substituted by section 37 of Act 25 of 2015 and section 40 of Act 15 of 2016 effective on 1 January 2016, applies in respect of any person who dies on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 trading stock of any company has on or after 21 June 1993 been distributed in specie<\/em> to any holder of shares in that company;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 taxpayer has applied any trading stock for any other purpose other than the disposal thereof in the ordinary course of his trade and under circumstances other than those contemplated in paragraph (a) or subparagraph (i), (ii) or (iii) of this paragraph; or<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 assets which were held as trading stock by any taxpayer cease to be held as trading stock by such taxpayer,<\/span><\/p>\n

<\/p>\n

and the cost price of such trading stock has been taken into account in the determination of the taxable income of the taxpayer for any year of assessment, the taxpayer shall be deemed to have recovered or recouped \u2013<\/em><\/p>\n

\u00a0<\/span><\/p>\n

(A)\u00a0\u00a0\u00a0 where such trading stock has been applied in a manner contemplated in paragraph (a), an amount equal to the cost price to him of such trading stock (less any sum which has been deducted therefrom under the provisions of subsection (1)) or where the cost price cannot be readily determined, the market value of such trading stock; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 where such trading stock has been applied, disposed of or distributed in a manner contemplated in paragraph (b) (otherwise than in the manner contemplated in paragraph (C)) or ceases to be held as trading stock, an amount equal to the market value of such trading stock; or<\/span><\/p>\n

<\/p>\n

and such amount shall be included in the income of the taxpayer for the year of assessment during which such trading stock was so applied, disposed of, distributed or ceased to be held as trading stock: Provided that where \u2013<\/em><\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an asset consisting of trading stock so applied is used or consumed by the taxpayer in carrying on his trade, the amount included in his income under this subsection shall for the purposes of this Act be deemed to be expenditure incurred in respect of the acquisition by him of such asset;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the provisions of paragraph (b) (ii) apply and any consideration contemplated in that paragraph has been received by or accrued to the taxpayer, the amount included in his income in terms of this subsection shall be reduced by such consideration;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 such trading stock consists of livestock or produce in respect of which the provisions of paragraph 11<\/a> of the First Schedule<\/a> are applicable, the provisions of this subsection shall not apply; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 such trading stock consists of assets in respect of which any amount received or accrued from the disposal thereof is or will be included in the gross income of the taxpayer in terms of paragraph (iA) of the definition of \u201cgross income\u201d, the provisions of paragraph (b)(iv) shall not apply.<\/span><\/p>\n

<\/p>\n

(C)\u00a0\u00a0\u00a0\u00a0 where such trading stock has been applied for the purpose of making a donation in respect of which the provisions of section 18A<\/a> apply, an amount equal to the amount which was taken into account for that year of assessment in respect of the value of that trading stock<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 Where \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the trading stock of any person during any year of assessment includes any-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0security or any bond issued by the government of the Republic in the national or local sphere; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 bond issued by any sphere of government of any country other than the Republic,<\/span><\/p>\n

<\/p>\n

if that bond is listed on a recognised exchange as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>;<\/p>\n

[Subparagraph (i) substituted by section 33 of Act 17 of 2017 effective on 1 January 2018 and applies in respect of collateral arrangements and lending arrangements entered into on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0such person has, during such year of assessment, lent such security or such bond to a borrower in terms of a securities lending arrangement; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0a security or a bond that is an identical security or such same bond has not been returned by the borrower to such person at the end of such year of assessment,<\/span><\/p>\n

<\/p>\n

such security or such bond shall, for the purposes of this section, be deemed to be trading stock held and not disposed of by such person at the end of such year of assessment;<\/p>\n

[Paragraph (a) amended by section 37 of Act 25 of 2015, substituted by section 40 of Act 15 of 2016 effective on 1 January 2017, applies in respect of any collateral arrangement entered into on or after that date]<\/span><\/p>\n

<\/p>\n

(b)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the trading stock of any other person during any year of assessment includes any-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0security or any bond issued by the government of the Republic in the national or local sphere; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 bond issued by any sphere of government of any country other than the Republic,<\/span><\/p>\n

<\/p>\n

if that bond is listed on a recognised exchange as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>;<\/p>\n

[Subparagraph (i) substituted by section 33 of Act 17 of 2017 effective on 1 January 2018 and applies in respect of collateral arrangements and lending arrangements entered into on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0such other person has, during such year of assessment, borrowed such security or such bond from a lender in terms of a securities lending arrangement; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0a security that is an identical security or that same bond has not been returned by such other person to such lender at the end of such year of assessment,<\/span><\/p>\n

<\/p>\n

such security or such bond shall, for the purposes of this section, be deemed not to be trading stock held and not disposed of, by such other person at the end of such year of assessment; or<\/p>\n

[Paragraph (b) amended by section 37 of Act 25 of 2015, substituted by section 40 of Act 15 of 2016 effective on1 January 2017, applies in respect of any collateral arrangement entered into on or after that date]<\/span><\/p>\n

<\/p>\n

(c)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the trading stock of any person during any year of assessment includes any-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0share or any bond issued by the government of the Republic in the national or local sphere; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 bond issued by any sphere of government of any country other than the Republic,<\/span><\/p>\n

<\/p>\n

if that bond is listed on a recognised exchange as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>;<\/p>\n

[Subparagraph (i) substituted by section 33 of Act 17 of 2017 effective on 1 January 2018 and applies in respect of collateral arrangements and lending arrangements entered into on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that person has, during that year of assessment, transferred that share or that bond to a transferee in terms of a collateral arrangement; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0a share that is an identical share to the share contemplated in subparagraph (ii) or that same bond has not been returned by the transferee to that person at the end of that year of assessment,<\/span><\/p>\n

<\/p>\n

such share or such bond shall, for the purposes of this section, be deemed to be trading stock held and not disposed of by that person at the end of that year of assessment; or<\/p>\n

[Paragraph (c) added by section 37 of Act 25 of 2015 and substituted by section 40 of Act 15 of 2016 effective on 1 January 2017, applies in respect of any collateral arrangement entered into on or after that date]<\/span><\/p>\n

<\/p>\n

(d)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the trading stock of any transferee during any year of assessment includes any-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0share or any bond issued by the government of the Republic in the national or local sphere; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 bond issued by any sphere of government of any country other than the Republic,<\/span><\/p>\n

<\/p>\n

if that bond is listed on a recognised exchange as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>;<\/p>\n

[Subparagraph (i) substituted by section 33 of Act 17 of 2017 effective on 1 January 2018 and applies in respect of collateral arrangements and lending arrangements entered into on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that transferee has, during such year of assessment, acquired such share or such bond from a transferor in terms of a collateral arrangement; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0a share that is an identical share to the share contemplated in subparagraph (ii) or that same bond has not been returned by such transferee to such transferor at the end of such year of assessment,<\/span><\/p>\n

<\/p>\n

such share or such bond shall, for the purposes of this section, be deemed not to be trading stock held and not disposed of, by such transferee at the end of such year of assessment.<\/p>\n

[Paragraph (d) added by section 37 of Act 25 of 2015, substituted by section 40 of Act 15 of 2016 effective on 1 January 2017, applies in respect of any collateral arrangement entered into on or after that date]<\/span><\/p>\n","post_title":"Section 22 (ITA) - Amounts to be taken into account in respect of values of trading stocks","collection_order":505,"collection":597,"post_modified":"2023-01-21 21:45:26","post_date":"2015-10-15 12:14:51"},{"ID":"929","post_content":"

22A.\u00a0\u00a0\u00a0 Schemes of arrangement involving trading stock<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 If, under any scheme of arrangement or reconstruction of any company or its affairs (including any scheme for the amalgamation of two or more companies and any other scheme) which is sanctioned by any order of court on or after the first day of April, 1971, any company (hereinafter referred to as the transferee company) has before 1 October 2001, acquired from any other company (hereinafter referred to as the transferor company) any asset which was trading stock of the transferor company, and in respect of such acquisition \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 no consideration measurable in terms of money accrued from the transferee company to the transferor company; or<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a consideration accrued from the transferee company to the transferor company the money value of which was less than the market value of such asset on the date on which the transferee company acquired such asset,<\/span><\/p>\n


<\/span><\/p>\n

such asset shall for the purposes of this Act be deemed to be trading stock of the transferee company, and, where paragraph (a) is applicable \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the transferee company shall be deemed to have acquired such asset at a price equal to the cost price thereof to the transferor company; and<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 notwithstanding the provisions of section 22<\/a>(2), no deduction shall, in the determination of the taxable income of the transferor company for the year of assessment of that company during which the transferee company acquired such asset, be made in respect of the value of such asset as trading stock.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Any amount which is received by or accrues to the transferee company from the disposal of the said asset (or of any interest therein) shall be included in that company\u2019s income, whether such amount is derived in carrying on any trade or otherwise or is derived from a source within or outside the Republic.<\/span><\/p>\n","post_title":"Section 22A (ITA) - Schemes of arrangement involving trading stock","collection_order":506,"collection":597,"post_modified":"2019-02-09 22:28:16","post_date":"2015-10-15 12:14:51"},{"ID":"931","post_content":"

22B.\u00a0\u00a0\u00a0 Dividends treated as income on disposal of certain shares<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/span><\/p>\n","post_title":"Section 22B (ITA) - Dividends treated as income on disposal of certain shares","collection_order":507,"collection":597,"post_modified":"2019-02-09 22:28:24","post_date":"2015-10-15 12:14:51"},{"ID":"17656","post_content":"

\u2018deferral transaction\u2019<\/strong>\u00a0means a transaction in respect of which the provisions of PART III of this Chapter were applied;<\/p>\n

[Definition of \u2018deferral transaction\u2019 inserted by section 38 of Act 23 of 2018 effective on 1 January 2019 and applies in respect of disposals on or after that date]<\/span><\/p>\n","post_title":"\"Deferral transaction\" definition of section 22B of ITA","collection_order":508,"collection":597,"post_modified":"2020-05-27 19:37:34","post_date":"2019-02-04 19:47:57"},{"ID":"12846","post_content":"

\u2018exempt dividend\u2019<\/strong> means any dividend or foreign dividend to the extent that the dividend or foreign dividend is-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 not subject to tax under Part VIII<\/a> of Chapter II<\/a>; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 exempt from normal tax in terms of section 10(1)(k)(i)<\/a> or section 10B<\/a>(2)(a) or (b);<\/span><\/p>\n","post_title":"\"Exempt dividend\" definition of section 22B of ITA","collection_order":509,"collection":597,"post_modified":"2019-06-19 11:07:31","post_date":"2018-01-27 19:04:42"},{"ID":"12850","post_content":"

\u2018extraordinary dividend\u2019<\/strong> means, in relation to-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a preference share, so much of the amount of any dividend received or accrued in respect of that share as exceeds the amount that would have accrued in respect of that share had that amount been determined with reference to the consideration for which that share was issued by applying an interest rate of 15 per cent per annum for the period in respect of which that dividend was received or accrued;<\/span><\/p>\n

[Paragraph (a) substituted by section 38 of Act 23 of 2018 effective on 19 July 2017, applies in respect of disposals on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any other share, so much of the amount of any dividend received or accrued:<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 within a period of 18 months prior to the disposal of that share; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in respect, by reason or in consequence of that disposal,<\/span><\/p>\n

<\/p>\n

as exceeds 15 per cent of the higher of the market value of that share as at the beginning of the period of 18 months and as at the date of disposal of that share:<\/p>\n

<\/p>\n

Provided that a dividend in specie <\/em>that was distributed in terms of a deferral transaction must not be taken into account to the extent to which that distribution was made in terms of an unbundling transaction as defined in section 46(1)(a) or a liquidation distribution as defined in section 47(1)(a)\u037e<\/p>\n

[Definition of \u201cextraordinary dividend\u201d amended by section 25(1)(a) of Act 34 of 2019 deemed effective on 30 October, 2019 and applicable in respect of dividends received or accrued on or after that date]<\/span><\/p>\n","post_title":"\"Extraordinary dividend\" definition of section 22B of ITA","collection_order":510,"collection":597,"post_modified":"2021-02-10 09:19:41","post_date":"2018-01-27 19:05:51"},{"ID":"17663","post_content":"

\u201cpreference share\u201d <\/strong>means a preference share as defined in section 8EA<\/a>(1)\u037e and<\/p>\n

[Definition of \u201cpreference share\u201d inserted by section 38(1)(c) of Act 23 of 2018 and amended by section 25(1)(b) of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Preference share\" definition of section 22B of ITA","collection_order":511,"collection":597,"post_modified":"2021-02-10 09:19:48","post_date":"2019-02-04 19:52:15"},{"ID":"12852","post_content":"

\u2018qualifying interest\u2019<\/strong> means an interest held by a company in another company, whether alone or together with any connected persons in relation to that company, that constitutes-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if that other company is not a listed company, at least-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 50 per cent of the equity shares or voting rights in that other company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 20 per cent of the equity shares or voting rights in that other company if no other person (whether alone or together with any connected person in relation to that person) holds the majority of the equity shares or voting rights in that other company; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0if that other company is a listed company, at least 10 per cent of the equity shares or voting rights in that other company.<\/span><\/p>\n","post_title":"\"Qualifying interest\" definition of section 22B of ITA","collection_order":512,"collection":597,"post_modified":"2019-06-19 11:07:54","post_date":"2018-01-27 19:08:41"},{"ID":"12854","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to subsection (3), where a company disposes of shares in another company in terms of a transaction that is not a deferral transaction and that company held a qualifying interest in that other company at any time during the period of 18 months prior to that disposal, the amount of any exempt dividend received by or that accrued to that company in respect of the shares disposed of must-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 38 of Act 23 of 2018 effective on 1 January 2019 and applies in respect of disposals on or after that date]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to the extent that the exempt dividend constitutes an extraordinary dividend; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if that company immediately before that disposal held the shares disposed of as trading stock,<\/span><\/p>\n

<\/p>\n

be included in the income of that company in the year of assessment in which those shares are disposed of or, where that dividend is received or accrues after that year of assessment, the year of assessment in which that dividend is received or accrues: Provided that where a company disposes of shares that are treated as having been disposed of previously by that company in terms of\u00a0subsection (4), the amount of any extraordinary dividend in respect of those shares must be included in the income of that company only to the extent to which it has not previously been included in the income of that company in terms of this subsection.<\/p>\n

[Sub\u00adsection (2) amended by section 38(1)(d) of Act 23 of 2018, by section 25(1)(c) of Act 34 of 2019 and by section 25(1)(d) of Act 34 of 2019 deemed effective on 20 February, 2019 and applicable in respect of shares held by a company in a target company if the effective interest held by that company in the shares of that target company is reduced on or after that date]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0Where a company holds shares in another company and disposes of any of those shares in terms of a transaction that is not a deferral transaction within a period of 18 months after having acquired those shares in terms of a deferral transaction, other than an unbundling transaction and-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0within a period of 18 months prior to the disposal of those shares by that company an exempt dividend in respect of those shares accrued to or was received by a person that-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0disposed of those shares in terms of a deferral transaction; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0was a connected person in relation to that company at any time within that period,<\/span><\/p>\n

<\/p>\n

that dividend must for purposes of this section be treated as a dividend that accrued to or was received by that company in respect of those shares within the period during which that company held those shares; and<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0if that company acquired those shares (hereinafter referred to as \u2018new shares\u2019) in terms of that deferral transaction in return for or by virtue of the holding, by that company, of other shares (hereinafter referred to as \u2018old shares\u2019) that were disposed of in terms of that deferral transaction and an exempt dividend in respect of the old shares, other than a dividend consisting of new shares, accrued to or was received by that company within a period of 18 months prior to the disposal by that company of the new shares, that dividend must for purposes of this section be treated as an amount that accrued to or was received by that company as an exempt dividend in respect of the new shares.<\/span><\/p>\n

[Sub\u00adsection (3) added by section 38(1)(e) of Act 23 of 2018 and amended by section 25(1)(e) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Where a company holds equity shares in another company (hereinafter referred to as the \u201ctarget company\u201d) and-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the target company issues shares (hereinafter referred to as the \u201cnew shares\u201d) to a person other than that company; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the effective interest of that company in the equity shares of the target company is reduced by reason of the new shares issued by the target company,<\/span><\/p>\n

<\/p>\n

that company must for purposes of this section be treated as having disposed, immediately after the new shares were issued, of a percentage of those equity shares that is equal to the percentage by which the effective interest of that company in the equity shares of the target company has been reduced by reason of the new shares issued by the target company: Provided that any new shares that are convertible to equity shares must for purposes of this subsection be treated as equity shares.<\/p>\n

[Sub\u00adsection (4) added by section 25(1)(f) of Act 34 of 2019 deemed effective on 20 February, 2019 and applicable in respect of shares held by a company in a target company if the effective interest held by that company in the shares of that target company is reduced on or after that date]<\/span><\/p>\n

[Section 22B inserted by section 34 of Act 17 of 2009, amended by section 40 of Act 7 of 2010, substituted by section 46 of Act 24 of 2011, amended by section 4 of Act 22 of 2012, section 41 of Act 22 of 2012 and substituted by section 34 of Act 17 of 2017 effective on 19 July 2017, applies in respect of any disposal on or after that date other than a disposal in terms of an agreement all the terms of which were finally agreed to before that date by all the parties to that agreement]<\/span><\/p>\n","post_title":"Subsection 2 of section 22B of ITA","collection_order":513,"collection":597,"post_modified":"2021-02-10 09:19:57","post_date":"2018-01-27 19:09:52"},{"ID":"933","post_content":"

23.\u00a0 Deductions not allowed in determination of taxable income<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

No deductions shall in any case be made in respect of the following matters, namely \u2013<\/em><\/span><\/em><\/p>\n","post_title":"Section 23 (ITA) - Deductions not allowed in determination of taxable income","collection_order":514,"collection":597,"post_modified":"2019-02-09 22:28:34","post_date":"2015-10-15 12:14:51"},{"ID":"935","post_content":"

(a)\u00a0\u00a0\u00a0\u00a0 the cost incurred in the maintenance of any taxpayer, his family or establishment;<\/span><\/p>\n","post_title":"Section 23(a) of ITA","collection_order":515,"collection":597,"post_modified":"2018-12-01 21:33:57","post_date":"2015-10-15 12:14:51"},{"ID":"937","post_content":"

(b)\u00a0\u00a0\u00a0\u00a0 domestic or private expenses, including the rent of or cost of repairs of or expenses in connection with any premises not occupied for the purposes of trade or of any dwelling\u2013<\/em>house or domestic premises except in respect of such part as may be occupied for the purposes of trade: Provided that \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such part shall not be deemed to have been occupied for the purposes of trade, unless such part is specifically equipped for purposes of the taxpayer\u2019s trade and regularly and exclusively used for such purposes; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 no deduction shall in any event be granted where the taxpayer\u2019s trade constitutes any employment or office unless \u2013<\/em><\/span><\/p>\n

<\/em><\/span>\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 his income from such employment or office is derived mainly from commission or other variable payments which are based on the taxpayer\u2019s work performance and his duties are mainly performed otherwise than in an office which is provided to him by his employer; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 his duties are mainly performed in such part;<\/span><\/p>\n","post_title":"Section 23(b) of ITA","collection_order":516,"collection":597,"post_modified":"2018-12-01 21:34:18","post_date":"2015-10-15 12:14:51"},{"ID":"939","post_content":"

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any loss or expense, the deduction of which would otherwise be allowable, to the extent to which it is recoverable under any contract of insurance, guarantee, security or indemnity, except where section 23L<\/a>(3) applies;<\/span><\/p>\n

[Paragraph (c)\u00a0substituted by\u00a0section 24(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Section 23(c) of ITA","collection_order":517,"collection":597,"post_modified":"2022-02-05 20:28:45","post_date":"2015-10-15 12:14:51"},{"ID":"941","post_content":"

(d) \u00a0 \u00a0 any tax\u00a0 imposed under this Act or any interest or penalty imposed under any other Act administered by the Commissioner;<\/span><\/p>\n","post_title":"Section 23(d) of ITA","collection_order":518,"collection":597,"post_modified":"2018-12-01 21:35:06","post_date":"2015-10-15 12:14:51"},{"ID":"943","post_content":"

(e)\u00a0\u00a0\u00a0\u00a0 income carried to any reserve fund or capitalized in any way;<\/span><\/p>\n","post_title":"Section 23(e) of ITA","collection_order":519,"collection":597,"post_modified":"2018-12-01 21:38:40","post_date":"2015-10-15 12:14:51"},{"ID":"945","post_content":"

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 any expenses incurred in respect of any amounts received or accrued which do not constitute income as defined in section one;<\/span><\/p>\n","post_title":"Section 23(f) of ITA","collection_order":520,"collection":597,"post_modified":"2018-12-01 21:35:23","post_date":"2015-10-15 12:14:51"},{"ID":"947","post_content":"

(g)\u00a0\u00a0\u00a0\u00a0 any moneys, claimed as a deduction from income derived from trade, to the extent to which such moneys were not laid out or expended for the purposes of trade;<\/span><\/p>\n","post_title":"Section 23(g) of ITA","collection_order":521,"collection":597,"post_modified":"2018-12-01 21:35:38","post_date":"2015-10-15 12:14:51"},{"ID":"949","post_content":"

(h)\u00a0\u00a0\u00a0\u00a0 interest which might have been made on any capital employed in trade;<\/span><\/p>\n","post_title":"Section 23(h) of ITA","collection_order":522,"collection":597,"post_modified":"2018-12-01 21:35:55","post_date":"2015-10-15 12:14:51"},{"ID":"951","post_content":"

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any expenditure, loss or allowance to the extent to which it is claimed as a deduction from any retirement fund lump sum benefit or retirement fund lump sum withdrawal benefit;<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Section 23(i) of ITA","collection_order":523,"collection":597,"post_modified":"2018-12-01 21:36:11","post_date":"2015-10-15 12:14:51"},{"ID":"953","post_content":"

(k) \u00a0 \u00a0 any expense incurred by-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a labour broker as defined in the Fourth Schedule<\/a>, other than a labour broker in respect of which a certificate of exemption has been issued in terms of paragraph 2<\/a>(5) of the said Schedule; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 a personal service provider as defined in the said Schedule,<\/span><\/p>\n

\u00a0<\/p>\n

other than any expense which constitutes an amount paid or payable to any employee of such labour broker or personal service provider for services rendered by such employee, which is or will be taken into account in the determination of the taxable income of such employee and, in the case of such personal service provider, any expense, deduction or contribution contemplated in paragraphs (c)<\/a>, (i)<\/a>, (l)<\/a>, (nA)<\/a> or (nB)<\/a> of section 11<\/a>, expenses in respect of premises, finance charges, insurance, repairs and fuel and maintenance in respect of assets, if such premises or assets are used wholly and exclusively for purposes of trade;<\/p>\n","post_title":"Section 23(k) of ITA","collection_order":524,"collection":597,"post_modified":"2018-12-01 21:36:29","post_date":"2015-10-15 12:14:51"},{"ID":"955","post_content":"

(l)\u00a0\u00a0\u00a0\u00a0\u00a0 any expense incurred in respect of the payment of any restraint of trade, except as provided for in section 11(cA)<\/a>.<\/span><\/p>\n","post_title":"Section 23(l) of ITA","collection_order":525,"collection":597,"post_modified":"2018-12-01 21:36:49","post_date":"2015-10-15 12:14:51"},{"ID":"957","post_content":"

(m)\u00a0\u00a0\u00a0 subject to paragraph (k), an expenditure, loss or allowance, contemplated in section 11<\/a>, which relates to any employment of, or office held by, any person (other than an agent or representative whose remuneration is normally derived mainly in the form of commissions based on his or her sales or the turnover attributable to him or her) in respect of which he or she derives any remuneration, as defined in paragraph 1<\/a> of the Fourth Schedule<\/a>, other than \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any contributions to a pension fund, provident fund or retirement annuity fund as may be deducted from the income of that person in terms of section 11F<\/a>;<\/span><\/p>\n

[Subparagraph (i) substituted by section 56 of Act 31 of 2013 and section 35 of Act 17 of 2017 effective on 1 March 2016]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any allowance or expense which may be deducted from the income of that person in terms of section 11(c)<\/a>, (e)<\/a>, (i)<\/a> or (j)<\/a>;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iiA)\u00a0 any deduction which is allowable under section 11(nA)<\/a> or (nB)<\/a>;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 any deduction which is allowable under section 11(a)<\/a> in respect of any premium paid by that person in terms of an insurance policy, to the extent that \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 it covers that person against the loss of income as a result of illness, injury, disability or unemployment; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 the amounts payable in terms of that policy as contemplated in item (aa) constitutes or will constitute income as defined; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 any deduction which is allowable under section 11(a)<\/a> or (d)<\/a> in respect of any rent of, cost of repairs of or expenses in connection with any dwelling house or domestic premises, to the extent that the deduction is not prohibited under paragraph (b);<\/span><\/p>\n","post_title":"Section 23(m) of ITA","collection_order":526,"collection":597,"post_modified":"2019-06-19 11:08:24","post_date":"2015-10-15 12:14:51"},{"ID":"959","post_content":"

(n)\u00a0\u00a0\u00a0\u00a0 any deduction or allowance in respect of any asset or expenditure to the extent that amount \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is granted or paid to the taxpayer and is exempt from tax in terms of section 10(1)(yA)<\/a>; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 is so granted or paid for purposes of the acquisition of that asset or funding of that expenditure: Provided that the provisions of this paragraph shall not apply if the grant or payment is in respect of programmes or schemes that the Minister has identified by notice in the Gazette<\/em> for purposes of this paragraph;<\/span><\/p>\n","post_title":"Section 23(n) of ITA","collection_order":527,"collection":597,"post_modified":"2018-12-01 21:37:20","post_date":"2015-10-15 12:14:51"},{"ID":"961","post_content":"

(o)\u00a0\u00a0\u00a0\u00a0 any expenditure incurred \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0where the payment of that expenditure or the agreement or offer to make that payment constitutes an activity contemplated in\u00a0Chapter 2\u00a0of the Prevention and Combating of Corrupt Activities Act. 2004 (Act No. 12 of 2004);<\/span><\/p>\n

[Subparagraph (i) amended by section 39 of Act 23 of 2018 effective on 1 April 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 which constitutes a fine charged or penalty imposed as a result of an unlawful activity carried out in the Republic or in any other country if that activity would be unlawful had it been carried out in the Republic; or<\/span><\/p>\n

[Subparagraph (ii) amended by section 39 of Act 23 of 2018 effective on 1 April 2019 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0which constitutes fruitless and wasteful expenditure as defined in section 1 of the Public Finance Management Act and determined in accordance with that Act;<\/span><\/p>\n

[Subparagraph (iii)\u00a0added by\u00a0section\u00a039(1)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and substituted by\u00a0section\u00a011\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n

[Paragraph (o)\u00a0added by\u00a0section\u00a028(1)(e)\u00a0of\u00a0Act 31 of 2005\u00a0and amended by\u00a0section\u00a047(1)(a)\u00a0of\u00a0Act\u00a024 of 2011\u00a0effective on 1\u00a0March, 2012 and applicable in respect of policies ceded on or after that date]<\/span><\/p>\n","post_title":"Section 23(o) of ITA","collection_order":528,"collection":597,"post_modified":"2024-01-12 09:52:54","post_date":"2015-10-15 12:14:51"},{"ID":"963","post_content":"

(p) \u00a0 \u00a0 \u00a0the value in respect of any cession of a policy of insurance ceded by a taxpayer to-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 employee (or former employee);<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 director (or former director); or<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0 dependant or nominee of the employee (or former employee) or director (or former director),<\/span><\/p>\n

\u00a0<\/p>\n

of the taxpayer; or<\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund for the benefit of any-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 employee (or former employee);<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 director (or former director); or<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0 dependant or nominee of the employee (or former employee) or director (or former director),<\/span><\/p>\n

\u00a0<\/p>\n

of the taxpayer;<\/p>\n","post_title":"Section 23(p) of ITA","collection_order":529,"collection":597,"post_modified":"2018-12-01 21:37:50","post_date":"2015-10-15 12:14:51"},{"ID":"965","post_content":"

(q)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 any expenditure incurred in the production of income in the form of foreign dividends.<\/span><\/p>\n","post_title":"Section 23(q) of ITA","collection_order":530,"collection":597,"post_modified":"2018-12-01 21:38:14","post_date":"2015-10-15 12:14:51"},{"ID":"10679","post_content":"

(r) \u00a0\u00a0\u00a0\u00a0 any deduction in respect of any premium paid by a person in terms of an insurance policy if that insurance policy covers that person against illness, injury, disability, unemployment or death of that person.<\/span><\/p>\n

[Paragraph (r) added by section 56 of Act 31 of 2013 effective on 1 March 2015 and substituted by section 33 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n","post_title":"Section 23(r) of ITA","collection_order":531,"collection":597,"post_modified":"2018-12-01 21:33:22","post_date":"2017-06-08 10:29:56"},{"ID":"967","post_content":"

23A.\u00a0\u00a0\u00a0 Limitation of allowances granted to lessors of certain assets<\/span><\/strong><\/p>\n","post_title":"Section 23A (ITA) - Limitation of allowances granted to lessors of certain assets","collection_order":532,"collection":597,"post_modified":"2019-02-09 22:28:56","post_date":"2015-10-15 12:14:35"},{"ID":"969","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

\u201caffected asset\u201d\u00a0<\/strong>means any machinery, plant, implement, utensil, article, aircraft or ship which has been let and in respect of which the lessor is or was entitled to an allowance under\u00a0section 11(e)<\/a>,\u00a012B<\/a>,\u00a012BA<\/a>,\u00a012C<\/a>,\u00a012DA<\/a>\u00a0or\u00a037B<\/a>(2)(a), whether in the current or a previous year of assessment, but excluding any such asset let by the lessor under an operating lease or any such asset which was during the year of assessment mainly used by the taxpayer in the course of any trade carried on by the taxpayer, other than the letting of any such asset;<\/span><\/p>\n

[Definition of \u201caffected asset\u201d amended by\u00a0section\u00a022(1)(a)\u00a0of\u00a0Act 101 of 1990, by\u00a0section\u00a034\u00a0of\u00a0Act\u00a030 of 1998, by\u00a0section\u00a032(1)(a)\u00a0of\u00a0Act\u00a060 of 2001\u00a0and by\u00a0section 33\u00a0of\u00a0Act 35 of 2007\u00a0and substituted by\u00a0section\u00a025(a)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and by\u00a0section 24(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n","post_title":"\"Affected asset\" definition of section 23A of ITA","collection_order":533,"collection":597,"post_modified":"2024-01-12 09:56:13","post_date":"2015-10-15 12:14:35"},{"ID":"971","post_content":"

\u201coperating lease\u201d<\/strong> means a lease of movable property concluded by a lessor in the ordinary course of a business (not being a banking, financial services or insurance business) of letting such property, if \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such property may be hired by members of the general public directly from that lessor in terms of such a lease, for a period of less than one month;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the cost of maintaining such property and of carrying out repairs thereto required in consequence of normal wear and tear, is borne by the lessor; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 subject to any claim that the lessor may have against the lessee by reason of the lessee\u2019s failure to take proper care of the property, the risk of destruction or loss of or other disadvantage to such property is not assumed by the lessee;<\/span><\/p>\n","post_title":"\"Operating lease\" definition of section 23A of ITA","collection_order":534,"collection":597,"post_modified":"2021-02-10 16:52:53","post_date":"2015-10-15 12:14:35"},{"ID":"973","post_content":"

\u201crental income\u201d\u00a0<\/strong>means income derived by way of rent from the letting of any affected asset in respect of which an allowance has been granted to the lessor under\u00a0section\u00a011(e)<\/a>,\u00a012B<\/a>,\u00a012BA<\/a>,\u00a012C<\/a>,\u00a012DA\u00a0<\/a>or\u00a037B<\/a>\u00a0(2)(a), whether in the current or any previous year of assessment, and includes any amount\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0which is included in the income of that person in terms of section 8<\/a>(4) in respect of an amount deducted in any year of assessment in respect of any affected asset; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0derived from the disposal of any affected asset.<\/span><\/span><\/p>\n

[Definition of \u201crental income\u201d substituted by\u00a0section 22(1)(b)\u00a0of\u00a0Act 101 of 1990, by\u00a0section\u00a032(1)(c)\u00a0of\u00a0Act 60 of 2001, by\u00a0section\u00a017(1)(a)\u00a0of\u00a0Act\u00a03 of 2008, by\u00a0section\u00a035(b)\u00a0of\u00a0Act\u00a017 of 2009\u00a0and by\u00a0section 24(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n","post_title":"\"Rental income\" definition of section 23A of ITA","collection_order":535,"collection":597,"post_modified":"2024-01-12 10:00:24","post_date":"2015-10-15 12:14:35"},{"ID":"975","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Notwithstanding the provisions of sections 11(e)<\/a> and (o)<\/a>, 12B<\/a>, 12BA<\/a>, 12C<\/a>, 12DA<\/a>, and 37B<\/a> (2)(a) the sum of the deduction which may be allowed to any taxpayer in any year of assessment under those provisions in respect of any affected assets let by the taxpayer shall not exceed the taxable income (as determined before making the said deductions) derived by the taxpayer during such year from rental income.<\/span><\/span><\/p>\n

[Subsection (2)\u00a0substituted by\u00a0section 22(1)(c)\u00a0of\u00a0Act 101 of 1990, by\u00a0section 24\u00a0of\u00a0Act\u00a0129 of 1991, by\u00a0section\u00a017(1)(b)\u00a0of\u00a0Act\u00a03 of 2008, by\u00a0section\u00a025(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and by\u00a0section 24(1)(c)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of subsection (2), where the taxpayer is entitled to any deduction which relates to rental income and other income derived by the taxpayer, an appropriate portion of such deduction shall be taken into account in the determination of the taxable income derived by the taxpayer from rental income.<\/span><\/span><\/p>\n

[Subsection (3)\u00a0substituted\u00a0section 24(1)(d)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Any deduction which is disallowed under the provisions of subsection (2) shall be carried forward to the succeeding year of assessment and shall, subject to the provisions of this section as applicable in relation to that year, be deemed to be a deduction to which the taxpayer is entitled in that year.<\/span><\/p>\n","post_title":"Subsections 2, 3 and 4 of section 23A of ITA","collection_order":536,"collection":597,"post_modified":"2024-01-12 10:03:31","post_date":"2015-10-15 12:14:35"},{"ID":"977","post_content":"

23B.\u00a0\u00a0\u00a0\u00a0 Prohibition of double deductions<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where, but for the provisions of this subsection, an amount \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 qualifies or has qualified for a deduction or an allowance; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is otherwise taken into account in determining the taxable income of any person,<\/span><\/p>\n

<\/p>\n

under more than one provision of this Act, that amount or any portion thereof, shall not be allowed or taken into account more than once in the determination of the taxable income of any person.<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The provisions of subsection (1) shall not apply to expenditure in respect of which a deduction or an allowance has been determined, if any section under which such deduction or allowance is allowed, expressly requires such expenditure to be deductible under any other section as a prerequisite for a deduction under such section.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under section 11(a)<\/a> in respect of any expenditure or loss of a type for which a deduction or allowance may be granted under any other provision of this Act, notwithstanding that \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such other provision may impose any limitation on the amount of such deduction or allowance; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that deduction or allowance in terms of that other provision may be granted in a different year of assessment.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (4) added by section 42 of Act 7 of 2010 effective on 1 January 2011, repealed by section 163 of Act 24 of 2011 effective on 1 January 2011),\u00a0re-added by section 48 of Act 24 of 2011 and deleted by section 34 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0No deduction shall be allowed under section 11<\/a>(a) in respect of any expenditure incurred by a person in respect of any premium paid under a policy of insurance, where the policy relates to death, disablement or illness of an employee or director, or former employee or director, of the person that is the policyholder (other than a policy that relates to death, disablement or illness arising solely out of and in the course of employment of the employee or director).<\/span><\/p>\n

[Subsection (5) added by section 48 of Act 24 of 2011 and substituted by section 43 of Act 22 of 2012 and section 36 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"Section 23B (ITA) - Prohibition of double deductions","collection_order":537,"collection":597,"post_modified":"2019-06-19 11:08:33","post_date":"2015-10-15 12:14:35"},{"ID":"979","post_content":"

23C.\u00a0\u00a0\u00a0 Reduction of cost or market value of certain assets<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Notwithstanding the Seventh Schedule, where regard is to be had to the cost to the taxpayer or the market value of any asset acquired by him or her or to the amount of any expenditure incurred by him or her, and\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the taxpayer is a vendor as defined in section 1 of the Value\u2013<\/em>Added Tax Act; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the taxpayer is or was in any previous year of assessment entitled under section 16(3) of the last\u2013<\/em>mentioned Act to a deduction of input tax as defined in section 1 of that Act,<\/span><\/p>\n

<\/p>\n

the amount of such input tax shall be excluded from the cost or the market value of such asset or the amount of such expenditure: Provided that in the case of any lease as contemplated in paragraph (b) of the definition of \u201cinstalment credit agreement\u201d in section 1 of that Act, there shall be excluded by the lessee from each rental payment made by him in respect of such lease, an amount which bears to such input tax the same ratio as such rental payment bears to the sum of all rental payments in connection with such lease.<\/p>\n

[Sub\u00adsection (1) substituted by section 21(1) of Act 141 of 1992 and amended by section 33(1)(b) and (c) of Act 60 of 2001 and by section 26 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(2) \u00a0 \u00a0 Where a taxpayer (being a vendor as defined in section 1 of the Value-Added Tax Act) has in respect of any tax period applicable to the vendor under that Act which has ended during the vendor\u2019s year of assessment, included in input tax deducted by the vendor under section 16(3) of that Act an amount of sales tax, as permitted by section 78 of that Act so to be included-<\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 that amount shall, if it was included in capital expenditure taken into account for the purposes of any deduction in respect of any mine under section 15<\/a>(a) of this Act, be deemed for the purposes of paragraph (j) of the definition of \u201cgross income\u201d in section 1<\/a> of this Act to be an amount received by or accrued to the taxpayer during the said year of assessment in respect of a disposal of assets referred to in the said paragraph; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that amount (not being an amount accounted for under paragraph (a)), shall for the purposes of section 8<\/a>(4)(a) of this Act be deemed to be an amount which has been recovered or recouped by the taxpayer during the said year of assessment.<\/span><\/p>\n","post_title":"Section 23C (ITA) - Reduction of cost or market value of certain assets","collection_order":538,"collection":597,"post_modified":"2021-02-10 09:20:10","post_date":"2015-10-15 12:14:35"},{"ID":"981","post_content":"

23D.\u00a0\u00a0\u00a0 Limitation of allowances granted in respect of certain assets<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where any depreciable asset which is let or licensed by a taxpayer to a lessee or licensee was held within a period of two years preceding the commencement of the lease or licence-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 by the lessee or licensee, or by any sublessee or sublicensee in relation to the asset; or<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 by a person who was at any time during that period a connected person in relation to the lessee, licensee, sublessee or sublicense,<\/span><\/p>\n


<\/span><\/p>\n

the cost or value of the depreciable asset for the purpose of this section and any deduction or allowance claimed by the taxpayer in respect of the asset shall not exceed the amount determined in accordance with subsection (2A).<\/p>\n

\u00a0<\/p>\n

(2A)\u00a0 The amount to be determined for purposes of subsection (2) is the sum of-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the cost of the asset to the most recent lessee, licensee, sublessee, sublicensee or connected person contemplated in subsection (2) that previously held that asset, less the sum of-<\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 all deductions which have been allowed to the lessee, licensee, sublessee, sublicensee or connected person in respect of the asset; and<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 all deductions that are deemed to have been allowed to the lessee, licensee, sublessee, sublicensee or connected person in respect of the asset in terms of section 11(e)<\/a>(ix), 12B<\/a>(4B), 12C<\/a>(4A), 12D<\/a>(3A), 12DA<\/a>(4), 12F<\/a>(3A), 13<\/a>(1A), 13bis<\/em><\/a>(3A), 13ter<\/em><\/a>(6A), 13quin<\/em><\/a>(3) or 37B<\/a>(4);<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amount contemplated in paragraph (n) of the definition of \u2018gross income\u2019 in section 1<\/a> that is required to be included in the income of the lessee, licensee, sublessee, sublicensee or connected person that arises as a result of the disposal of the asset; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the applicable percentage in paragraph 10<\/a> of the Eighth Schedule, of the capital gain of the lessee, licensee, sublessee, sublicensee or connected person that arises as a result of the disposal.<\/span><\/p>\n","post_title":"Section 23D (ITA) - Limitation of allowances granted in respect of certain assets","collection_order":539,"collection":597,"post_modified":"2019-02-09 22:29:52","post_date":"2015-10-15 12:14:35"},{"ID":"983","post_content":"

23F.\u00a0\u00a0\u00a0\u00a0 Acquisition or disposal of trading stock<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where any taxpayer has during any year of assessment incurred expenditure for the acquisition of trading stock which was neither disposed of by him during such year nor held by him at the end of such year, any deduction which may be allowed to him under the provisions of section 11(a)<\/a> in respect of such expenditure shall not be allowed in such year, but such expenditure shall for the purposes of such provisions be deemed to have been incurred by him in the first subsequent year of assessment in which \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such trading stock is disposed of by him;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the value of such trading stock falls to be included in his income under the provisions of section 22<\/a>(1); or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 it is shown by him that by reason of the loss or destruction of such trading stock or the termination of the agreement in terms of which such trading stock was acquired by him or for any other reason, such trading stock will neither be disposed of nor held by him, to the extent that such expenditure was actually paid.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where a taxpayer has during any year of assessment disposed of any trading stock in the ordinary course of his or her trade for any consideration the full amount of which will not accrue to him or her during that year of assessment and any expenditure incurred in respect of the acquisition of that trading stock was allowed as a deduction under the provisions of section 11(a)<\/a> during that year or any previous year of assessment, any amount which would otherwise be deducted must, to the extent that it exceeds any amount received or accrued from the disposal of that trading stock be disregarded during that year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(2A)\u00a0 So much of any amount disregarded in terms of subsection (2) may be deducted from the income of that person in any subsequent year of assessment to the extent that any amount which is received by or accrued to that person in that subsequent year from that disposal is included in the income of that person,<\/span><\/p>\n

\u00a0<\/p>\n

(2B)\u00a0\u00a0 If during any year of assessment a person contemplated in subsection (2) proves that no further amounts will accrue to him or her in that year and any subsequent year as contemplated in subsection (2A), so much of the amount which was disregarded in terms of subsection (2) as has not been allowed as a deduction in any year, must be allowed as a deduction from thejncome of that person in that year of assessment.<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any taxpayer has during any year of assessment in the ordinary course of his trade disposed of any right or interest in any asset which constitutes trading stock which has the effect that the remaining right or interest in such asset held and not disposed of will not be included in trading stock at the end of such year; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any expenditure incurred in respect of the acquisition of such asset was allowed as a deduction under the provisions of section 11(a)<\/a> or was otherwise taken into account during such year or any previous year of assessment,<\/span><\/p>\n

\u00a0<\/p>\n

there shall be deemed to have been recovered or recouped by such taxpayer and be included in the income of such taxpayer for such year of assessment, so much of such expenditure as relates to the remaining right or interest contemplated in paragraph (a).<\/p>\n","post_title":"Section 23F (ITA) - Acquisition or disposal of trading stock","collection_order":540,"collection":597,"post_modified":"2019-02-09 22:30:04","post_date":"2015-10-15 12:14:35"},{"ID":"985","post_content":"

23G.\u00a0\u00a0\u00a0 Sale and leaseback arrangements<\/span><\/strong><\/p>\n","post_title":"Section 23G (ITA) - Sale and leaseback arrangements","collection_order":541,"collection":597,"post_modified":"2019-02-09 22:30:12","post_date":"2015-10-15 12:14:35"},{"ID":"987","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

\u201casset\u201d<\/strong> means any asset, whether movable or immovable, or corporeal or incorporeal;<\/p>\n","post_title":"\"Asset\" definition of section 23G of ITA","collection_order":542,"collection":597,"post_modified":"2019-02-09 22:30:21","post_date":"2015-10-15 12:14:34"},{"ID":"989","post_content":"

\u201csale and leaseback arrangement\u201d<\/strong> means any arrangement whereby \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any person disposes of any asset (whether directly or indirectly) to any other person; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 such person or any connected person in relation to such person leases (whether directly or indirectly) such asset from such other person.<\/span><\/p>\n","post_title":"\"Sale and leaseback arrangement\" definition of section 23G of ITA","collection_order":543,"collection":597,"post_modified":"2019-02-09 22:30:35","post_date":"2015-10-15 12:14:34"},{"ID":"991","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Where the receipts or accruals of any person, who is a lessee or sublessee in relation to a sale and leaseback arrangement, do not for the purposes of this Act constitute income of such person \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any amount which is received by or accrues to any lessor in relation to such sale and leaseback arrangement, shall be limited to an amount which constitutes interest as contemplated in section 24J<\/a>; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0such lessor shall, notwithstanding the provisions of this Act, not be entitled to any deduction in terms of section 11(e)<\/a>, (f)<\/a>, (gA)<\/a> or (gC)<\/a> or sections 12B<\/a>, 12BA<\/a>, 12C<\/a>, 12DA<\/a>, 13<\/a> or 13quin<\/a> in respect of an asset which is the subject matter of such sale and leaseback arrangement.<\/span><\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a030\u00a0of\u00a0Act 31 of 2005, by\u00a0section\u00a035\u00a0of\u00a0Act 35 of 2007, by\u00a0section\u00a040\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section 25(1)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where the receipts or accruals of any person, who is a lessor in relation to a sale and leaseback arrangement, arising from such arrangement do not for the purposes of this Act constitute income of such person, any deduction to which a lessee or sublessee in relation to such sale and leaseback arrangement is entitled under the provisions of this Act shall, subject to the provisions of section 11(f)<\/a>, be limited to an amount which constitutes interest as contemplated in section 24J<\/a>.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The provisions of subsection (2)(a) shall not apply to any person who is both a lessor and a lessee in relation to the same sale and leaseback arrangement during any year of assessment.<\/span><\/p>\n","post_title":"Subsections 2, 3 and 4 of section 23G of ITA","collection_order":544,"collection":597,"post_modified":"2024-01-13 22:25:05","post_date":"2015-10-15 12:14:34"},{"ID":"993","post_content":"

23H.\u00a0\u00a0\u00a0 Limitation of certain deductions<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where any person has during any year of assessment actually incurred any expenditure (other than expenditure incurred in respect of the acquisition of any trading stock) \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 which is allowable as a deduction in terms of the provisions of section 11(a)<\/a>, (c)<\/a>, (d)<\/a> or (w)<\/a>, or\u00a0section 11A<\/a>; and<\/span><\/p>\n

[Paragraph (a) substituted by section 29 of Act 59 of 2000, section 36 of Act 35 of 2007, section 19 of Act 3 of 2008, section 43 of Act 7 of 2010, section 46 of Act 22 of 2012 and section 35 of Act 43 of 2014 effective on 1 October 2012]<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in respect of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 goods or services, all of which will not be supplied or rendered to such person, during such year of assessment; or,<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any other benefit, the period to which the expenditure relates extends beyond such year of assessment,<\/span><\/p>\n

<\/p>\n

the amount of the expenditure in respect of which a deduction shall be allowable in terms of such section in the said year and any subsequent year of assessment, shall be limited to, in the case of expenditure incurred in respect of \u2013<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 goods to be supplied, so much of the expenditure as relates to the goods actually supplied to such person in such year of assessment; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 services to be rendered, an amount which bears to the total amount of such expenditure the same ratio as the number of months in such year during which such services are rendered bears to the total number of months during which such services will be rendered or, where the period during which such services will be rendered is not determinable, such period during which the services are likely to be rendered; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 any other benefit to which such expenditure relates, an amount which bears to the total amount of such expenditure the same ratio as the number of months in such year during which such person will enjoy such benefit bears to the total number of months during which such person will enjoy such benefit or where the period of such benefit is not determinable, such period over which the benefit is likely to be enjoyed:<\/span><\/p>\n

<\/p>\n

Provided that the provisions of this section shall not apply \u2013<\/em><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0where all the goods or services are to be supplied or rendered within six months after the end of the year of assessment during which the expenditure was incurred, or such person will have the full enjoyment of such benefit in respect of which the expenditure was incurred within such period, unless the expenditure is allowable as a deduction in terms of section 11D<\/a>(2); or<\/span><\/p>\n

[Paragraph (aa) substituted by section 34 of Act 60 of 2001, section 36 of Act 35 of 2007 and section 37 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 where the aggregate of all amounts of expenditure incurred by such person, which would otherwise be limited by this section, does not exceed R100000; or<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 to any expenditure to which the provisions of 24K<\/a> or 24L<\/a> apply; or<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 to any expenditure actually paid in respect of any unconditional liability to pay an amount imposed by legislation.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 If in any case the apportionment of the expenditure in accordance with subsection (1) does not reasonably represent a fair apportionment of such expenditure in respect of the goods, services or benefits to which it relates, such apportionment must be made in such other manner as is fair and reasonable.<\/span><\/p>\n

[Subsection (2) substituted by section 38 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Notwithstanding the provisions of subsections (1) and (2), where it is during any year of assessment shown by any person that \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the goods or services in respect of which the expenditure is incurred will never be received by or be rendered to such person; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 such person will never enjoy such other benefit in respect of which any expenditure is incurred,<\/span><\/p>\n

<\/p>\n

such expenditure shall be allowed in such year, to the extent that such expenditure has been actually paid by such person.<\/p>\n","post_title":"Section 23H (ITA) - Limitations of certain deductions","collection_order":545,"collection":597,"post_modified":"2019-06-19 11:08:39","post_date":"2015-10-15 12:14:34"},{"ID":"996","post_content":"

23I.\u00a0\u00a0\u00a0\u00a0\u00a0 Prohibition of deductions in respect of certain intellectual property<\/span><\/strong><\/p>\n","post_title":"Section 23I (ITA) - Prohibitions of deductions in respect of certain intellectual property","collection_order":546,"collection":597,"post_modified":"2019-02-09 22:31:00","post_date":"2015-10-15 12:14:34"},{"ID":"998","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

\u201cend user\u201d<\/strong> means a taxable person or a person with a permanent establishment within the Republic that uses intellectual property or any corresponding invention during a year of assessment to derive income, other than a person that derives income mainly by virtue of the grant of use or right of use or permission to use intellectual property or any corresponding invention;<\/p>\n

[Definition of \u201cend user\u201d substituted by section 36 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"End user\" definition of section 23I of ITA","collection_order":547,"collection":597,"post_modified":"2019-02-09 22:31:07","post_date":"2015-10-15 12:14:34"},{"ID":"1000","post_content":"

\u201cintellectual property\u201d<\/strong> means any-<\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 patent as defined in the Patents Act including any application for a patent in terms of that Act;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 design as defined in the Designs Act;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 trade mark as defined in the Trade Marks Act;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 copyright as defined in the Copyright Act;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 patent, design, trade mark or copyright defined or described in any similar law to that in paragraph (a), (b), (c) or (d) of a country other than the Republic;<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 property or right of a similar nature to that in paragraph (a), (b), (c), (d) or (e); and<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 knowledge connected to the use of such patent, design, trade mark, copyright, property or right;<\/span><\/p>\n","post_title":"\"Intellectual property\" definition of section 23I of ITA","collection_order":548,"collection":597,"post_modified":"2019-02-09 22:31:14","post_date":"2015-10-15 12:14:34"},{"ID":"1002","post_content":"

\u201ctainted intellectual property\u201d<\/strong> means intellectual property-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 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<\/a>(4), in relation to the end user;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 which is the property of a taxable person;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 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<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 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<\/a>(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<\/a>, in a person by or to whom an amount is received or accrues-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by virtue of the grant of use or right of use or permission to use that property; or<\/span><\/p>\n

[Subparagraph (i) substituted by section 36 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 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;<\/span><\/p>\n

[Subparagraph (ii) substituted by section 36 of Act 43 of 2014 effective on 20 January 2015]<\/span>\u00a0<\/p>\n","post_title":"\"Tainted intellectual property\" definition of section 23I of ITA","collection_order":549,"collection":597,"post_modified":"2019-02-09 22:31:21","post_date":"2015-10-15 12:14:34"},{"ID":"1004","post_content":"

\u201ctaxable person\u201d<\/strong> means any person other than-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a person that is not a resident;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the government of the Republic in the national, provincial or local sphere contemplated in section 10(1)(a)<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 an institution, board or body contemplated in section 10(1)(cA)<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any public benefit organisation as defined in section 30<\/a> that has been approved by the Commissioner in terms of that section;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any recreational club as defined in section 30A<\/a> that has been approved by the Commissioner in terms of that section;<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 any company or trust contemplated in section 37A<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 any fund contemplated in section 10(1)(d)<\/a>(i) or (ii); or<\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 any person contemplated in section 10(1)(t)<\/a>.<\/span><\/p>\n","post_title":"\"Taxable person\" definition of section 23I of ITA","collection_order":550,"collection":597,"post_modified":"2019-02-09 22:31:30","post_date":"2015-10-15 12:14:34"},{"ID":"1006","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Other than a deduction allowed in terms of section 11(gC) <\/em><\/a>or a deduction allowed in respect of trading stock, a deduction is not allowed in respect of-<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any amount of expenditure incurred for the use or right of use of or permission to use tainted intellectual property; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 expenditure the incurral or amount of which is determined directly or indirectly with reference to expenditure incurred for the use or, right of use of or permission to use tainted intellectual property,<\/span><\/p>\n

[Paragraph (b) substituted by section 36 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

to the extent that the amount of expenditure does not constitute income received by or accrued to any other person or to the extent that the amount of expenditure does not constitute a proportional amount of net income of a controlled foreign company an amount equal to which is included in the income of any resident in terms of section 9D<\/a>.<\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Notwithstanding any provision of subsection (2) to the contrary, an amount equal to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 one third of any expenditure contemplated in subsection (2)\u00a0 must be allowed to be deducted if withholding tax on royalties contemplated in Part IVA is payable in respect of that amount at a rate of 10 per cent; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 one half of any expenditure contemplated in subsection (2) must be allowed to be deducted if withholding tax on royalties contemplated in Part IVA is payable in respect of that amount at a rate of 15 per cent.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Subsection (2) must not apply where the aggregate amount of taxes on income payable to all spheres of government of any country other than the Republic by a controlled foreign company contemplated in that subsection in respect of the foreign tax year of that controlled foreign company is at least 67,5 per cent of the amount of normal tax that would have been payable in respect of any taxable income of the controlled foreign company had the controlled foreign company been a resident for that foreign tax year: Provided that the aggregate amount of tax payable by a controlled foreign company in respect of a foreign tax year of that controlled foreign company must be determined\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 after taking into account any applicable agreement for the prevention of double taxation and any credit, rebate or other right of recovery of tax from any sphere of government of any country other than the Republic; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 after disregarding any loss in respect of a year other than that foreign tax year or from a company other than that controlled foreign company.<\/span><\/p>\n

[Sub\u00adsection (4) added by section 38(1) of Act 17 of 2017 and amended by section 27(1) of Act 34 of 2019 effective on 1 January, 2020 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"Subsections 2 and 3 of section 23I of ITA","collection_order":551,"collection":597,"post_modified":"2021-02-10 09:20:24","post_date":"2015-10-15 12:14:34"},{"ID":"1008","post_content":"

23K.\u00a0\u00a0\u00a0 <\/strong>Limitation of deductions in respect of reorganisation and acquisition transactions<\/strong><\/span><\/p>\n","post_title":"Section 23K (ITA) - Limitation of deductions in respect of reorganisation and acquisition transactions","collection_order":552,"collection":597,"post_modified":"2019-02-09 22:31:48","post_date":"2015-10-15 12:14:34"},{"ID":"1010","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/p>\n

\u201cacquiring company\u201d<\/strong> means-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a transferee company contemplated in the definition of \u201cintra-group transaction\u201d in section 45<\/a>(1);<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a holding company contemplated in the definition of \u201cliquidation distribution\u201d in section 47<\/a>(1); or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a company that acquires an equity share in another company in terms of an acquisition transaction;<\/span><\/p>\n","post_title":"\"Acquiring company\" definition of section 23K of ITA","collection_order":553,"collection":597,"post_modified":"2019-02-09 22:31:54","post_date":"2015-10-15 12:14:34"},{"ID":"1012","post_content":"

\u201cacquisition transaction\u201d<\/strong> means an acquisition transaction as defined in section 24O<\/a>(1) to which section 24O <\/a>applies;<\/p>\n","post_title":"\"Acquisition transaction\" definition of section 23K of ITA","collection_order":554,"collection":597,"post_modified":"2019-02-23 18:57:00","post_date":"2015-10-15 12:14:34"},{"ID":"1014","post_content":"

\u201cinterest\u201d<\/strong> means interest as defined in section 24J<\/a>;<\/p>\n","post_title":"\"Interest\" definition of section 23K of ITA","collection_order":555,"collection":597,"post_modified":"2019-02-09 22:32:08","post_date":"2015-10-15 12:14:34"},{"ID":"1016","post_content":"

\u201creorganisation transaction\u201d<\/strong> means-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an intra-group transaction as defined in section 45<\/a>(1) to which section 45<\/a> applies; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a liquidation distribution as defined in section 47<\/a>(1) to which section 47<\/a> applies.<\/span><\/p>\n","post_title":"\"Reorganisation transaction\" definition of section 23K of ITA","collection_order":556,"collection":597,"post_modified":"2019-02-09 22:32:16","post_date":"2015-10-15 12:14:34"},{"ID":"1018","post_content":"

(2) \u00a0 \u00a0Subject to subsections (3), (9) and (10), no deduction is allowed in respect of interest incurred by an acquiring company in terms of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a debt if that debt was issued, assumed or used directly or indirectly-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 for the purpose of procuring, enabling, facilitating or funding the acquisition by that acquiring company of any asset in terms of a reorganisation transaction; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in substitution for any debt issued, assumed or used as contemplated in subparagraph (i); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a debt if that debt was issued, assumed or used-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 for the purpose of financing the acquisition of an equity share in a company in terms of an acquisition transaction; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in substitution for any other debt issued, assumed or used as contemplated in subparagraph (i).<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 Subject to subsection (5), the Commissioner may, on application by an acquiring company, issue a directive that subsection (2) does not apply in respect of an amount of interest incurred as contemplated in that subsection.<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 In considering an application for a directive contemplated in subsection (3), the Commissioner-<\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0must take into account-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the amount of interest incurred as contemplated in subsection (2) by an acquiring company in terms of a debt contemplated in that subsection; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 all amounts of interest incurred, received or accrued in respect of all debts issued, assumed or used directly or indirectly to fund a debt in respect of which any amount of interest is incurred by an acquiring company as contemplated in subsection (2); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 may only issue a directive contemplated in subsection (3) if and to the extent that the Commissioner is, having regard to the criteria prescribed by the Regulations contemplated in subsection (7), satisfied that the issuing of that directive will not lead nor be likely to lead to a significant reduction of the aggregate taxable income of all parties who incur, receive or accrue interest-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in respect of; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 for all periods during which any amounts are outstanding in terms of,<\/span><\/p>\n

<\/p>\n

any debt contemplated in subparagraphs (i) and (ii) of paragraph (a):<\/p>\n

<\/p>\n

Provided that in determining whether a reduction of taxable income is significant for the purpose of this subsection, the Commissioner must have regard to the criteria prescribed by the regulations contemplated in subsection (7).<\/p>\n

<\/p>\n

(5) \u00a0 \u00a0 Any directive issued by the Commissioner in terms of subsection (3) may be made subject to such conditions and limitations as may be determined by the Commissioner.<\/span><\/p>\n

<\/p>\n

(6) \u00a0 \u00a0 A directive issued by the Commissioner in terms of subsection (3) in respect of an amount of interest incurred in terms of a debt must be effective from-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the date on which that debt was issued or assumed if the application for that directive is made-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 on or before 31 December 2011, where that debt was issued or assumed before 25 October 2011; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 within 60 days of the date of issue of that debt, where that debt is issued or assumed on or after 25 October 2011; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the date on which the application for that directive is made if-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that debt was issued or assumed before 25 October 2011 and that application is made after 31 December 2011; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that debt is issued or assumed on or after 25 October 2011 and that application is made later than 60 days after the date of issue or assumption of that debt.<\/span><\/p>\n

<\/p>\n

(7) \u00a0 \u00a0 The Minister must make regulations that prescribe criteria that the Commissioner must, in terms of subsection (4)(b), have regard to in considering any application made in terms of subsection (3) by an acquiring company in respect of any amount of interest incurred by such an acquiring company in terms of any debt, which criteria must relate to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 all amounts of debt in relation to total equity of such an acquiring company;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 total amounts of interest to be incurred by such an acquiring company in relation to total income of such an acquiring company;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 terms of such a debt, including the economic effect of such a debt, having regard to any debt or equity features of such a debt;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the direct or indirect holding of shares in such an acquiring company by any holder (or any company that forms part of the same group of companies as the holder) of such a debt; and<\/span><\/p>\n

<\/p>\n

(e) \u00a0 \u00a0any other factor prescribed by the Minister.<\/span><\/p>\n

<\/p>\n

(8)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 If, subsequent to the date on which a directive is issued by the Commissioner pursuant to an application made by an acquiring company in terms of subsection (3)-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 there is any material change in respect of any fact or circumstance which influenced any decision of the Commissioner relating to the issuing of that directive; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that change would, had the change been anticipated by the Commissioner at the time of issuing the directive, have resulted in the Commissioner not issuing the directive or issuing the directive on terms that are less favourable to that acquiring company,<\/span><\/p>\n

<\/p>\n

the directive will cease to apply with effect from the date on which that change takes effect.<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where any decision relating to the issuing of a directive by the Commissioner in terms of subsection (3) was made by the Commissioner as a direct or indirect result of fraud, misrepresentation or non-disclosure of material facts, that directive will cease to apply with effect from the date that the directive took effect.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Minister may make regulations prescribing circumstances in which subsection (2) does not apply.<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0\u00a0\u00a0 Subsection (2) does not apply in respect of any amount of interest incurred by an acquiring company-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in terms of a debt if that debt was issued, assumed or used directly or indirectly for the purpose of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 procuring, enabling, facilitating or funding the acquisition by that acquiring company of any asset in terms of a reorganisation transaction entered into on or after 1 April 2014; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 redeeming, refinancing, substituting or settling, on or after 1 April 2014, a debt issued, assumed or used directly or indirectly for the purpose of procuring, enabling, facilitating or funding the acquisition by that acquiring company of any asset in terms of a reorganisation transaction entered into on or after 3 June 2011 and on or before 31 March 2014; or<\/span><\/p>\n

[Subparagraph (ii) amended by section 39 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in terms of a debt-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 issued, assumed or used in terms of an acquisition transaction entered into on or after 1 April 2014; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 issued, assumed or used, on or after 1 April 2014, directly or indirectly for the purpose of redeeming, refinancing, substituting or settling a debt that was issued, assumed or used in terms of an acquisition transaction entered into on or after 1 January 2013 and on or before 31 March 2014.<\/span><\/p>\n

[Subparagraph (ii) amended by section 39 of Act 25 of 2015 efffective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (c) deleted by section 39 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5, 6, 7, 8, 9 and 10 of section 23K of ITA","collection_order":557,"collection":597,"post_modified":"2019-02-09 22:32:24","post_date":"2015-10-15 12:14:34"},{"ID":"1020","post_content":"

23L.\u00a0\u00a0\u00a0\u00a0 Limitation of deductions in respect of certain short-term insurance policies<\/span><\/strong><\/p>\n","post_title":"Section 23L (ITA) - Limitations of deductions in respect of certain short-term insurance policies","collection_order":558,"collection":597,"post_modified":"2019-02-09 22:32:35","post_date":"2015-10-15 12:14:34"},{"ID":"1022","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

\u201cinvestment policy\u201d <\/strong>.\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/p>\n

[Definition of \u201cinvestment policy\u201d deleted by\u00a0section\u00a060(1)(b)\u00a0of\u00a0Act\u00a031 of 2013\u00a0effective on 1\u00a0April, 2014 and applicable in respect of premiums incurred on or after that date]<\/span><\/p>\n","post_title":"\"Investment policy\" definition of section 23L of ITA","collection_order":559,"collection":597,"post_modified":"2021-03-30 11:24:16","post_date":"2015-10-15 12:14:34"},{"ID":"1024","post_content":"

\u2018policy\u2019<\/strong> means a policy of insurance or reinsurance other than a long-term policy as defined in section 1 of the Long-term Insurance Act;<\/p>\n","post_title":"\"Policy\" definition of section 23L of ITA","collection_order":560,"collection":597,"post_modified":"2021-03-30 11:24:25","post_date":"2015-10-15 12:14:34"},{"ID":"1026","post_content":"

\u2018policy benefits\u2019<\/strong> means any amount, in cash or otherwise, received or accrued under a policy;<\/p>\n","post_title":"\"Policy benefits\" definition of section 23L of ITA","collection_order":561,"collection":597,"post_modified":"2021-03-30 11:24:36","post_date":"2015-10-15 12:14:34"},{"ID":"1028","post_content":"

\u2018premium\u2019<\/strong> means the consideration given or to be given in return for an undertaking to provide policy benefits.<\/p>\n","post_title":"\"Premium\" definition of section 23L of ITA","collection_order":562,"collection":597,"post_modified":"2021-03-30 11:24:43","post_date":"2015-10-15 12:14:34"},{"ID":"1030","post_content":"

(2) \u00a0\u00a0\u00a0\u00a0No deduction is allowed in respect of any premium incurred by a person in terms of a policy to the extent that the premium is not taken into account as an expense for the purposes of financial reporting pursuant to IFRS in either the current year of assessment or a future year of assessment.<\/span><\/p>\n

[Subsection\u00a0(2)\u00a0substituted by\u00a0section\u00a060(1)(d)\u00a0of\u00a0Act\u00a031 of 2013\u00a0effective on 1\u00a0April, 2014 and applicable in respect of premiums incurred on or after that date]<\/span><\/p>\n

<\/p>\n

(3) \u00a0\u00a0\u00a0\u00a0Where policy benefits are received by or accrue to a person in terms of a policy during a year of assessment, and where that person has been denied, whether in the current or any previous year of assessment, a deduction in terms of section 23L<\/a>(2) for any premiums paid under such policy, there must be included in the gross income of that person an amount equal to the aggregate amount of all policy benefits received by or accrued to that person during that year of assessment and previous years of assessment in respect of that policy, less-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the aggregate amount of premiums incurred in terms of that policy that were not deductible in terms of subsection (2); and<\/span><\/p>\n

<\/p>\n

(b) \u00a0\u00a0\u00a0 the aggregate amount of policy benefits in respect of that policy that were included in the gross income of that person during previous years of assessment.<\/span><\/p>\n

[Subsection\u00a0(3)\u00a0substituted by\u00a0section 60(1)(d)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and amended by\u00a0section 26(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Subsections 2 and 3 of section 23L of ITA","collection_order":563,"collection":597,"post_modified":"2022-02-05 20:29:45","post_date":"2015-10-15 12:14:34"},{"ID":"10690","post_content":"

23M.\u00a0Limitation of interest deductions in respect of debts owed to persons not subject to tax<\/span><\/strong><\/p>\n

[Heading of section 23M substituted by section 41 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/p>\n","post_title":"Section 23M (ITA) - Limitation of interest deductions in respect of debts owed to persons not subject to tax","collection_order":564,"collection":597,"post_modified":"2019-02-04 22:17:16","post_date":"2017-06-08 11:47:49"},{"ID":"10692","post_content":"

\u201cadjusted taxable income\u201d<\/strong>\u00a0means taxable income calculated before applying this section and before setting off any balance of assessed loss that has been carried forward from the preceding year of assessment-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0reduced by-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount of interest received or accrued that forms part of taxable income;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0any amount included in the income of a person as contemplated in section 9D<\/a>(2);<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0any amount recovered or recouped in respect of an allowance contemplated in this Act in respect of a capital asset as defined in section 19<\/a>; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0with the addition of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount of interest incurred that has been allowed as a deduction from income;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0any amount allowed as a deduction in terms of this Act in respect of a capital asset as defined in section 19<\/a> for purposes other than the determination of any capital gain or capital loss;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0. . . . . . <\/span><\/p>\n

[Subparagraph (iii)\u00a0deleted by\u00a0section 26(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0any qualifying distribution as defined in section 25BB<\/a> that is deductible under subsection (2) of that section;<\/span><\/p>\n

<\/p>\n

: Provided that the result of the calculation may not be less than zero;<\/span><\/p>\n

[Definition of \u201cadjusted taxable income\u201d amended by\u00a0section\u00a037(1)(a)\u00a0and\u00a0(b)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and by\u00a0section\u00a041(a),\u00a0(b)\u00a0and\u00a0(c)\u00a0of\u00a0Act\u00a023 of 2018, substituted by\u00a0section\u00a019(1)(a)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and amended by\u00a0section 26(1)(a)\u00a0and\u00a0(c)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Adjustable taxable income\" definition of section 23M of ITA","collection_order":565,"collection":597,"post_modified":"2024-01-26 10:06:41","post_date":"2017-06-08 11:50:27"},{"ID":"10694","post_content":"

\u201caverage repo rate\u201d\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>.\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/p>\n

[Definition of \u201caverage repo rate\u201d deleted by\u00a0section\u00a019(1)(b)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date (effective date in\u00a0section\u00a019(2)\u00a0of\u00a0Act\u00a020 of 2021\u00a0as substituted by\u00a0section\u00a010\u00a0of\u00a0Act\u00a019 of 2022)]<\/span><\/span><\/p>\n","post_title":"\"Average repo rate\" definition of section 23M of ITA","collection_order":566,"collection":597,"post_modified":"2024-01-26 10:06:32","post_date":"2017-06-08 11:51:30"},{"ID":"10696","post_content":"

\u201ccontrolling relationship\u201d\u00a0<\/strong>means a relationship where a person, whether alone or together with any one or more persons that are connected persons in relation to that person directly or indirectly hold at least 50 per cent of the equity shares or can exercise at least 50 per cent of the voting rights or participation rights, in a company;<\/span><\/p>\n

[Definition of \u201ccontrolling relationship\u201d substituted by\u00a0section\u00a037(1)(c)\u00a0of\u00a0Act\u00a043 of 2014, by\u00a0section\u00a019(1)(c)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and by\u00a0section 26(1)(d)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Controlling relationship\" definition of section 23M of ITA","collection_order":567,"collection":597,"post_modified":"2024-01-12 10:21:47","post_date":"2017-06-08 11:52:31"},{"ID":"24420","post_content":"

\u201ccreditor\u201d\u00a0<\/strong>means a person to whom a \u201cdebtor\u201d owes a \u201cdebt\u201d;<\/span><\/p>\n

[Definition of \u201ccreditor\u201d added by\u00a0section 26(1)(e)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Creditor\" definition of section 23M of ITA","collection_order":568,"collection":597,"post_modified":"2024-01-12 10:29:06","post_date":"2024-01-12 10:23:29"},{"ID":"23636","post_content":"

\u201cdebt\u201d\u00a0<\/strong>includes any amount in respect of which interest is determined or incurred, and such amount must be regarded as owed, but does not include a tax debt as defined in\u00a0section 1<\/a>(1)\u00a0of the Tax Administration Act;<\/p>\n

[Definition of \u201cdebt\u201d inserted by\u00a0section\u00a019(1)(d)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date (effective date in\u00a0section\u00a019(2)\u00a0of\u00a0Act\u00a020 of 2021\u00a0as substituted by\u00a0section\u00a010\u00a0of\u00a0Act\u00a019 of 2022)]<\/span><\/p>\n","post_title":"\"Debt\" definition of section 23M of ITA","collection_order":569,"collection":597,"post_modified":"2023-01-21 21:58:30","post_date":"2022-04-27 10:25:33"},{"ID":"10698","post_content":"

\u201cdebtor\u201d\u00a0<\/strong>means a person that incurs an amount of interest and-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0is a resident; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a person that is not a resident, owes a debt that is effectively connected with a permanent establishment of that person in the Republic;<\/span><\/p>\n

[Definition of \u201cdebtor\u201d substituted by\u00a0section\u00a037(1)(d)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and by\u00a0section\u00a019(1)(e)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date (effective date in\u00a0section\u00a019(2)\u00a0of\u00a0Act\u00a020 of 2021\u00a0as substituted by\u00a0section\u00a010\u00a0of\u00a0Act\u00a019 of 2022)]<\/span><\/p>\n","post_title":"\"Debtor\" definition of section 23M of ITA","collection_order":570,"collection":597,"post_modified":"2023-01-21 21:58:49","post_date":"2017-06-08 11:53:24"},{"ID":"10700","post_content":"

\u201cinterest\u201d\u00a0<\/strong>means interest as defined in\u00a0section 24J, and includes\u2014<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0amounts incurred or accrued under any \u201cinterest rate agreement\u201d as defined in section 24K<\/a>(1);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any finance cost element recognised for purposes of IFRS in respect of any lease arrangement that constitutes a finance lease as defined in IFRS16;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0amounts taken into account in determining taxable income in terms of section 24I\ufeff<\/a>(3) and (10A); and<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0any amount deemed to be interest under section 24JA<\/a>,<\/span><\/p>\n

<\/p>\n

but excludes any amount that is deemed to be a dividend\u00a0in specie\u00a0as contemplated in\u00a0sections 8F<\/a>\u00a0and\u00a08FA<\/a>;<\/p>\n

[Definition of \u201cinterest\u201d substituted by\u00a0section\u00a019(1)(f)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date (effective date in\u00a0section\u00a019(2)\u00a0of\u00a0Act\u00a020 of 2021\u00a0as substituted by\u00a0section\u00a010\u00a0of\u00a0Act\u00a019 of 2022)]<\/span><\/p>\n","post_title":"\"Interest\" definition of section 23M of ITA","collection_order":571,"collection":597,"post_modified":"2023-01-21 21:59:19","post_date":"2017-06-08 11:55:02"},{"ID":"10702","post_content":"

\u2018issue\u2019 \u2026\u2026\u2026.<\/strong><\/p>\n

[Definition of \u201cissue\u201d deleted by section 39 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"\"Issue\" definition of section 23M of ITA","collection_order":572,"collection":597,"post_modified":"2022-04-27 10:36:11","post_date":"2017-06-08 11:55:57"},{"ID":"10704","post_content":"

\u201clending institution\u201d\u00a0<\/strong>means-<\/span><\/p>\n


<\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a bank; or<\/span><\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a foreign bank that is comparable to a bank,<\/span><\/span><\/p>\n


<\/span><\/p>\n

contemplated in the Banks Act;<\/span><\/p>\n

[Definition of \u201clending institution\u201d substituted by\u00a0section 26(1)(f)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Lending institution\" definition of section 23M of ITA","collection_order":573,"collection":597,"post_modified":"2024-01-12 10:30:23","post_date":"2017-06-08 11:56:37"},{"ID":"23648","post_content":"

\u201cparticipation rights\u201d\u00a0<\/strong>means\u2014<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the right to participate in all or part of the benefits of the rights (other than voting rights) attaching to a share, or any interest of a similar nature, in a company; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0in the case where no person has any right in that company as contemplated in paragraph (a) or no such rights can be determined for any person, the right to exercise any voting rights in that company;<\/span><\/p>\n

[Definition of \u201cparticipation rights\u201d inserted by\u00a0section\u00a019(1)(g)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date (effective date in\u00a0section\u00a019(2)\u00a0of\u00a0Act\u00a020 of 2021\u00a0as substituted by\u00a0section\u00a010\u00a0of\u00a0Act\u00a019 of 2022)]<\/span><\/p>\n","post_title":"\"Participation rights\" definition of section 23M of ITA","collection_order":574,"collection":597,"post_modified":"2023-01-21 21:59:57","post_date":"2022-04-27 10:37:52"},{"ID":"10706","post_content":"

\u201crepo rate\u201d\u00a0\u00a0\u00a0 <\/strong>.\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/p>\n

[Definition of \u201crepo rate\u201d deleted by\u00a0section\u00a019(1)(h)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date (effective date in\u00a0section\u00a019(2)\u00a0of\u00a0Act\u00a020 of 2021\u00a0as substituted by\u00a0section\u00a010\u00a0of\u00a0Act\u00a019 of 2022)]<\/span><\/p>\n","post_title":"\"Repo rate\" definition of section 23M of ITA","collection_order":575,"collection":597,"post_modified":"2023-01-21 22:00:20","post_date":"2017-06-08 11:58:20"},{"ID":"10708","post_content":"

(2) \u00a0 \u00a0 Where an amount of interest is incurred by a debtor during a year of assessment in respect of a debt owed to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a creditor that is in a controlling relationship with that debtor;<\/span><\/p>\n

[Paragraph (a)\u00a0amended by\u00a0section\u00a019(1)(i)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date (effective date in\u00a0section\u00a019(2)\u00a0of\u00a0Act\u00a020 of 2021\u00a0as substituted by\u00a0section\u00a010\u00a0of\u00a0Act\u00a019 of 2022)]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a creditor that is not in a controlling relationship with that debtor, if that creditor obtained the funding for the debt advanced to the debtor from a person that is in a controlling relationship with that debtor;<\/span><\/p>\n

[Paragraph (b)\u00a0amended by\u00a0section\u00a019(1)(i)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date (effective date in\u00a0section\u00a019(2)\u00a0of\u00a0Act\u00a020 of 2021\u00a0as substituted by\u00a0section\u00a010\u00a0of\u00a0Act\u00a019 of 2022)]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a creditor that is not in a controlling relationship with that debtor, if that creditor forms part of the same group of companies as that debtor if the expression \u201cat least 70 per cent of the equity shares in\u201d in paragraphs (a) and (b) of the definition of \u201cgroup of companies\u201d in section 1 were replaced by the expression \u201cmore than 50 per cent of the equity shares or voting rights in\u201d; or<\/span><\/p>\n

[Paragraph (c)\u00a0added by\u00a0section\u00a019(1)(i)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date (effective date in\u00a0section\u00a019(2)\u00a0of\u00a0Act\u00a020 of 2021\u00a0as substituted by\u00a0section\u00a010\u00a0of\u00a0Act\u00a019 of 2022)]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0a creditor that is in a controlling relationship with that debtor, if that creditor, directly or indirectly through another creditor that is in a controlling relationship with that creditor, obtained the funding for the debt advanced to the debtor from a person that is in a controlling relationship with that creditor or that other creditor,<\/span><\/p>\n

[Paragraph (d)\u00a0added by\u00a0section\u00a019(1)(i)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date (effective date in\u00a0section\u00a019(2)\u00a0of\u00a0Act\u00a020 of 2021\u00a0as substituted by\u00a0section\u00a010\u00a0of\u00a0Act\u00a019 of 2022)]<\/span><\/p>\n

<\/p>\n

and the amount of interest so incurred or related interest is not during that year of assessment-<\/p>\n

<\/p>\n

(i)<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0subject to tax in the hands of the person, creditor or other creditor referred to in paragraphs (a), (b), (c) or (d), to which the interest or related interest accrues; or<\/span><\/span><\/p>\n

[Subparagraph\u00a0(aa)\u00a0substituted by\u00a0section\u00a019(1)(k)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and by\u00a0section 26(1)(g)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 included in the net income of a controlled foreign company as contemplated in section 9D in the foreign tax year of the controlled foreign company commencing or ending within that year of assessment; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 disallowed under section 23N<\/a>,<\/span><\/p>\n

[Subparagraph (ii) substituted by section 39 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

Provided that where any amount of interest incurred or related interest is not included in the income of the person referred to in\u00a0paragraph (i)(aa), and withholding tax on interest was or will be levied on that amount of interest, on payment thereof, under the provisions of Part IVB<\/a> of this Chapter, the amount of interest to be regarded as not subject to tax as contemplated in\u00a0paragraph (i)(aa)\u00a0will be determined in accordance with the formula:<\/span><\/p>\n

<\/p>\n

A = B x (C \u2013 D)<\/u><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0C<\/span><\/p>\n

<\/p>\n

in which formula-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u201cA\u201d represents the amount to be determined;<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cB\u201d represents the aggregate of any amount of interest incurred or paid in respect to which the provisions of Part IVB<\/a> of this Chapter are or will be applicable;<\/span><\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u201cC\u201d represents the number 15; and<\/span><\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0\u201cD\u201d represents the rate at which withholding tax on interest has been or will be levied on such amount of interest under the provisions of Part IVB<\/a> of this Chapter, multiplied by the number 100.<\/span><\/span><\/p>\n

[Subsection\u00a0(2)\u00a0substituted by\u00a0section\u00a037(1)(e)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and amended by\u00a0section\u00a019(1)(j)\u00a0and\u00a0(l)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and by\u00a0section 26(1)(h)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(3) \u00a0\u00a0\u00a0\u00a0The amount of interest allowed to be deducted in respect of all debts owed as contemplated in subsection (2), in respect of any year of assessment must not exceed the sum of\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of interest received by or accrued to the debtor; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0an amount determined by multiplying the adjusted taxable income of that debtor for that year of assessment by 0,3,<\/span><\/p>\n

<\/p>\n

reduced by so much of any amount of interest incurred by the debtor in respect of debts other than debts contemplated in\u00a0subsection (2)\u00a0as exceeds any amount not allowed to be deducted in terms of\u00a0section 23N<\/a>.<\/p>\n

[Subsection\u00a0(3)\u00a0amended by\u00a0section\u00a037(1)(f)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and by\u00a0section\u00a028\u00a0of\u00a0Act\u00a034 of 2019\u00a0and substituted by\u00a0section\u00a019(1)(m)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date (effective date in\u00a0section\u00a019(2)\u00a0of\u00a0Act\u00a020 of 2021\u00a0as substituted by\u00a0section\u00a010\u00a0of\u00a0Act\u00a019 of 2022)]<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 So much of any amount of interest as exceeds the amount determined in terms of subsection (3) may be carried forward to the immediately succeeding year of assessment and, subject to subsection (2), must be deemed to be an amount of interest incurred in that succeeding year of assessment.<\/span><\/p>\n

<\/p>\n

(5) \u00a0 \u00a0 Where an amount of interest is to be taken into account in terms of this section and in terms of section 23N<\/a>, that amount of interest shall only be taken into account in terms of this section after section 23N<\/a> has been applied.<\/span><\/p>\n

[Subsection (5) substituted by section 37 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0This section does not apply-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0to so much of the interest as is incurred by a debtor in respect of a debt owed to a creditor as contemplated in subsection (2) where-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that creditor funded that debt amount advanced to that debtor with funding granted by a lending institution that is not in a controlling relationship with that debtor; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that interest is determined with reference to a rate of interest that does not exceed the official rate of interest plus 100 basis points.<\/span><\/p>\n

[Subparagraph (ii) substituted by section 39 of Act 17 of 2017 and section 41\u00a0of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0to any interest incurred by a debtor in respect of any linked unit that is held by a creditor as contemplated in subsection (2) where that creditor is a long-term insurer as defined in the Long-term Insurance Act, a pension fund or a provident fund, if-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the long-term insurer, pension fund or provident fund holds at least 20 per cent of the linked units in that debtor;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the long-term insurer, pension fund or provident fund acquired those linked units before 1 January 2013; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0at the end of the previous year of assessment 80 per cent or more of the value of the assets of that debtor, reflected in the annual financial statements prepared in accordance with the Companies Act for the previous year of assessment, is directly or indirectly attributable to immovable property.<\/span><\/p>\n

[Section 23 inserted by section 61 of Act 31 of 2013 effective on 1 January 2015]<\/span><\/p>\n

<\/p>\n

(6A) \u00a0This section does not apply to interest incurred on a loan utilised for mining purposes during any period prior to the commencement of production or during any period of non-production, as contemplated in paragraph (b) of the definition of \u201ccapital expenditure\u201d in section 36<\/a>(11).<\/span><\/p>\n

[Subsection\u00a0(6A)\u00a0inserted by\u00a0section\u00a012(1)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 31 March, 2023 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0For purposes of this section any exchange difference-<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0deducted from the income of a person as contemplated in section 24I<\/a>(3) or (10A) is deemed to have been incurred by the person; or<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0included in the income of a person as contemplated in section 24I<\/a>(3) or (10A) is deemed to have accrued to that person.<\/span><\/span><\/p>\n

[Section 23M inserted by section 61(1) of Act 31 of 2013 and amended by section 41 of Act 15 of 2016. Subsection (7) added by section 19(1)(n) of Act 20 of 2021 and substituted by section 26(1)(i) of Act 17 of 2023 with effect from 1 January, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5 and 6 of section 23M of ITA","collection_order":576,"collection":597,"post_modified":"2024-01-12 11:11:42","post_date":"2017-06-08 12:09:08"},{"ID":"1032","post_content":"

23N. \u00a0Limitation of interest deductions in respect of reorganisation and acquisition transactions<\/span><\/strong><\/p>\n","post_title":"Section 23N (ITA) - Limitation of interest deductions in respect of reorganisation and acquisition transactions","collection_order":577,"collection":597,"post_modified":"2019-02-09 22:33:23","post_date":"2015-10-15 12:14:34"},{"ID":"1034","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

\u2018acquired company\u2019<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a transferor company or a liquidating company that disposes of assets pursuant to a reorganisation transaction; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a company in which equity shares are acquired by another company in terms of an acquisition transaction;<\/span><\/p>\n","post_title":"\"Acquired company\" definition of section 23N of ITA","collection_order":578,"collection":597,"post_modified":"2021-04-06 14:08:28","post_date":"2015-10-15 12:14:34"},{"ID":"1036","post_content":"

\u2018acquiring company\u2019<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a transferee company contemplated in the definition of \u2018intra-group transaction\u2019<\/strong> in section 45<\/a>(1);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a holding company contemplated in the definition of \u2018liquidation distribution\u2019<\/strong> in section 47<\/a>(1); or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a company that acquires an equity share in another company in terms of an acquisition transaction;<\/span><\/p>\n

<\/p>\n","post_title":"\"Acquiring company\" definition of section 23N of ITA","collection_order":579,"collection":597,"post_modified":"2021-04-06 14:08:18","post_date":"2015-10-15 12:14:34"},{"ID":"1038","post_content":"

\u2018acquisition transaction\u2019<\/strong> means any transaction-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in terms of which an acquiring company acquires an equity share in an acquired company that is a company as contemplated in paragraph (a) or (b) of the definition of \u201cacquisition transaction\u201d in section 24O<\/a>(1); and<\/span><\/p>\n

[Paragraph (a) substituted by section 40 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 as a result of which that acquiring company, as at the end of the day of that transaction, becomes a controlling group company in relation to that acquired company;<\/span><\/p>\n

[Paragraph (b) substituted by section 40 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"\"Acquisition transaction\" definition of section 23N of ITA","collection_order":580,"collection":597,"post_modified":"2021-04-06 14:08:05","post_date":"2015-10-15 12:14:34"},{"ID":"1040","post_content":"

\u2018adjusted taxable income\u2019<\/strong>\u00a0means taxable income calculated before applying this section-<\/p>\n

[Words preceding paragraph (a) substituted by section 42 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 reduced by-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount of interest received or accrued that forms part of taxable income;<\/span><\/p>\n

[Subsection (i) substituted by section 42 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any amount included in the income of a person as contemplated in section 9D<\/a>(2);<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 any amount recovered or recouped in respect of an allowance contemplated in this Act in respect of a capital asset as defined in section 19<\/a>; and<\/span><\/p>\n

[Subparagraph (iii) amended by section 38 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 with the addition of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount of interest incurred that has been allowed as a deduction from income;<\/span><\/p>\n

[Subsection (i) substituted by section 42 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any amount allowed as a deduction in terms of this Act in respect of a capital asset as defined in section 19<\/a> for purposes other than the determination of any capital gain or capital loss;<\/span><\/p>\n

[Subparagraph (ii) amended by section 38 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 75 per cent of the receipts or accruals derived from the letting of any immovable property; and<\/span><\/p>\n

[Subparagraph (iii) amended by section 38 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 any assessed loss or balance of assessed loss allowed to be set off against income in terms of section 20<\/a>;<\/span><\/p>\n

[Subparagraph (iv) added by section 38 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n","post_title":"\"Adjusted taxable income\" definition of section 23N of ITA","collection_order":581,"collection":597,"post_modified":"2021-04-06 14:07:45","post_date":"2015-10-15 12:14:34"},{"ID":"1042","post_content":"

\u2018average repo rate\u2019<\/strong> in relation to a year of assessment means the average of all ruling repo rates determined by using the daily repo rates during that year of assessment;<\/p>\n","post_title":"\"Average repo rate\" definition of section 23N of ITA","collection_order":582,"collection":597,"post_modified":"2021-04-06 14:05:37","post_date":"2015-10-15 12:14:34"},{"ID":"1044","post_content":"

\u2018interest\u2019<\/strong> means interest as defined in section 24J<\/a>;<\/p>\n","post_title":"\"Interest\" definition of section 23N of ITA","collection_order":583,"collection":597,"post_modified":"2021-04-06 14:06:19","post_date":"2015-10-15 12:14:34"},{"ID":"1046","post_content":"

\u2018issue\u2019<\/strong> in relation to a debt, means the creation of a liability to pay or of a right to receive an amount in terms of that debt;<\/p>\n","post_title":"\"Issue\" definition of section 23N of ITA","collection_order":584,"collection":597,"post_modified":"2021-04-06 14:06:28","post_date":"2015-10-15 12:14:34"},{"ID":"1048","post_content":"

\u2018reorganisation transaction\u2019<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an intra-group transaction as defined in section 45<\/a>(1) to which section 45<\/a> applies; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a liquidation distribution as defined in section 47<\/a>(1) to which section 47<\/a> applies;<\/span><\/p>\n","post_title":"\"Reorganisation transaction\" definition of section 23N of ITA","collection_order":585,"collection":597,"post_modified":"2021-04-06 14:06:24","post_date":"2015-10-15 12:14:34"},{"ID":"1050","post_content":"

\u2018repo rate\u2019<\/strong> means the interest rate at which the South African Reserve Bank enters into a repurchase agreement contemplated in section 10(1)(j)<\/a> of the South African Reserve Bank Act.<\/p>\n","post_title":"\"Repo rate\" definition of section 23N of ITA","collection_order":586,"collection":597,"post_modified":"2021-04-06 14:06:14","post_date":"2015-10-15 12:14:34"},{"ID":"1052","post_content":"

(2) \u00a0 \u00a0 Where an amount of interest is incurred by an acquiring company in terms of a debt-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 38 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n\n

(a)\u00a0\u00a0\u00a0\u00a0 directly or indirectly assumed or applied for the purpose of procuring, enabling, facilitating or funding the acquisition by that acquiring company of any asset in terms of a reorganisation transaction;<\/span><\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0 used directly or indirectly for the purpose of redeeming, refinancing or settling the debt contemplated in paragraph (a);<\/span><\/p>\n

\n<\/p>

(c)\u00a0\u00a0\u00a0\u00a0 issued, assumed or used in terms of an acquisition transaction; or<\/span><\/p>\n

\n<\/p>

(d)\u00a0\u00a0\u00a0\u00a0 used directly or indirectly for the purpose of redeeming, refinancing or settling the debt contemplated in paragraph (c),<\/span><\/p>\n

\n<\/p>

the amount of interest allowed to be deducted must not exceed the amount determined in terms of subsection (3).<\/p>\n\n

(3) \u00a0 \u00a0 The amount of interest allowed to be deducted in terms of all debts owed as contemplated in subsection (2), in respect of any year of assessment in which the acquisition transaction or reorganisation transaction is entered into and in respect of five years of assessment immediately following that year of assessment, must not exceed the sum of-<\/span><\/p>\n\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount of interest received by or accrued to the acquiring company; and<\/span><\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0 the highest of the amounts determined by multiplying the percentage determined under subsection (4) by the adjusted taxable income of the acquiring company for each of the years of assessment-<\/span><\/p>\n

\n<\/p>

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in which the acquisition transaction or reorganisation transaction is entered into;<\/span><\/p>\n

\n<\/p>

(ii)\u00a0\u00a0\u00a0\u00a0 in which the amount of interest is incurred by that acquiring company; or<\/span><\/p>\n

\n<\/p>

(iii)\u00a0\u00a0\u00a0 immediately prior to the year of assessment contemplated in subparagraph (i),<\/span><\/p>\n

[Paragraph (b) substituted by section 38 of Act 43 of 2014 and section 40 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n\n

reduced by any amount of interest incurred by the acquiring company in respect of debts other than debts contemplated in subsection (2).<\/p>\n

[Words following paragraph (b) substituted by section 38 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n\n

(4) \u00a0 \u00a0 The percentage contemplated in subsection (3)(b) must be determined in accordance with the formula-<\/span><\/p>\n\n\n\n\n
\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0A \u00a0 = \u00a0 B \u00a0 x \u00a0\u00a0C<\/u><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 D<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

in which formula-<\/p>\n

\n<\/p>

(a)\u00a0\u00a0\u00a0\u00a0 \u2018A\u2019 represents the percentage to be determined;<\/span><\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0 \u2018B\u2019 represents the number 40;<\/span><\/p>\n

\n<\/p>

(c)\u00a0\u00a0\u00a0\u00a0 \u2018C\u2019 represents the average repo rate plus 400 basis points; and<\/span><\/p>\n

\n<\/p>

(d)\u00a0\u00a0\u00a0\u00a0 \u2018D\u2019 represents the number 10,<\/span><\/p>\n

\n<\/p>

but not exceeding 60 per cent of the adjusted taxable income of that acquiring company.<\/p>\n

[Subsection (4) substituted by section 38 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/span><\/p>\n

[Subsection (5) deleted by section 64 of Act 31 of 2013, re-inserted by section 42 of Act 15 of 2016, amended by section 40 of Act 17 of 2017 and deleted by section 42 of Act 23 of 2018 effective on 1 January 2019 and applies in respect of amounts incurred on or after that date]<\/span><\/p>\n","post_title":"Subsection 2, 3, 4 and 5 of section 23N of ITA","collection_order":587,"collection":597,"post_modified":"2021-04-06 14:08:42","post_date":"2015-10-15 12:14:34"},{"ID":"10728","post_content":"

23O.\u00a0\u00a0Limitation of deductions by small, medium or micro-sized enterprises in respect of amounts received or accrued from small business funding entities<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/p>\n","post_title":"Section 23O (ITA) - Limitations of deductions by small, medium or micro-sized enterprises in respect of amounts received or accrued from small business funding entities","collection_order":588,"collection":597,"post_modified":"2019-02-04 22:15:31","post_date":"2017-06-08 12:38:08"},{"ID":"10730","post_content":"

\u2018allowance asset\u2019<\/strong>\u00a0means an asset as defined in paragraph 1 of the Eighth Schedule, other than trading stock, in respect of which a deduction or allowance is allowable in terms of this Act for purposes other than the determination of any capital gain or capital loss;<\/p>\n

[Definition of \u201callowance asset\u201d amended by section 43 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"\"Allowance asset\" definition of section 23O of ITA","collection_order":589,"collection":597,"post_modified":"2019-02-04 22:15:16","post_date":"2017-06-08 12:39:13"},{"ID":"11576","post_content":"

\u2018base cost\u2019<\/strong>\u00a0means base cost as defined in\u00a0paragraph 1<\/a>\u00a0of the Eighth Schedule<\/a>.<\/p>\n

[Definition of \u2018base cost\u2019 added by section 43 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"\"Base cost\" definition of section 23O of ITA","collection_order":590,"collection":597,"post_modified":"2019-02-04 22:06:17","post_date":"2017-06-16 12:30:24"},{"ID":"10732","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Where during any year of assessment any amount is received by or accrues to a small, medium or micro\u00ad sized enterprise from a small business funding entity for the acquisition, creation or improvement, or as a reimbursement for expenditure incurred in respect of the acquisition, creation or improvement of trading stock, any expenditure incurred in respect of that trading stock allowed as a deduction in terms of section 11(a) or any amount taken into account in respect of the value of trading stock as contemplated in section 22(1) or (2) must be reduced to the extent that the amount is received or accrued from the small business funding entity for that purpose.<\/span><\/p>\n

[Sub\u00adsection (2) substituted by section 29(a) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0Where during any year of assessment any amount is received by or accrues to a small, medium or micro\u00ad sized enterprise from a small business funding entity for the acquisition, creation or improvement, or as a reimbursement for expenditure incurred in respect of the acquisition, creation or improvement of an allowance asset, the base cost of that allowance asset must be reduced to the extent that the amount is received or accrued from the small business funding entity for that purpose.<\/span><\/p>\n

[Sub\u00adsection (3) substituted by section 29(a) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where during any year of assessment any amount is received by or accrues to a small, medium or micro-sized enterprise from a small business funding entity for the acquisition, creation or improvement of an allowance asset or as a reimbursement for expenditure incurred in respect of that acquisition, creation or improvement, the aggregate amount of the deductions or allowances allowable to that person in respect of that allowance asset may not exceed an amount equal to the aggregate of the expenditure incurred in the acquisition, creation or improvement of that allowance asset, reduced by an amount equal to the sum of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the amount is received or accrued for that purpose\u037e and<\/span><\/p>\n

[Paragraph (a) substituted by section 41 of Act 17 of 2017 and by section 29(b) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the aggregate amount of all deductions and allowances previously allowed to that person in respect of that allowance asset.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0Where during any year of assessment any amount is received by or accrues to a small, medium or micro-sized enterprise from a small business funding entity-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 for the purpose of the acquisition, creation or improvement of an asset other than an asset contemplated in subsection (2) or (3); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 as a reimbursement for expenditure incurred for the acquisition,\u00a0 creation or improvement of an asset other than an asset contemplated in subsection (2) or (3),<\/span><\/p>\n

<\/p>\n

the base cost of that asset must be reduced to the extent that the amount is received by or accrued from the small business funding entity for that acquisition, creation or improvement.<\/p>\n

[Sub\u00adsection (5) amended by section 29(c) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(6)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Where during any year of assessment-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any amount is received by or accrues to a small, medium or micro-sized enterprise from a small business funding entity; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0subsection (2), (3), (4) or (5) does not apply to that amount,<\/span><\/p>\n

[Subparagraph (ii) substituted by section 43 of Act 15 of 2016 effective on 1 March 2015, applies in respect of amounts received or accrued on or after that date]<\/span><\/p>\n

<\/p>\n

any amount allowed to be deducted from the income of that small, medium or micro-sized enterprise in terms of section 11<\/a> for that year of assessment must be reduced to the extent of the amount received or accrued from a small business funding entity.<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 To the extent that the amount received or accrued from a small business funding entity exceeds the amount allowed to be deducted as contemplated in paragraph (a), that excess is deemed to be an amount received or accrued from a small business funding entity during the following year of assessment for the purposes of paragraph (a).<\/span><\/p>\n

[Section 23O inserted by section 39 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n","post_title":"Subsection 2, 3, 4, 5, 6 of section 23O of ITA","collection_order":591,"collection":597,"post_modified":"2021-02-10 09:20:42","post_date":"2017-06-08 12:41:34"},{"ID":"1054","post_content":"

24. \u00a0 \u00a0Credit agreements and debtors allowance<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to the provisions of section 24J<\/a>, if any taxpayer has entered into any agreement with any other person in respect of any property the effect of which is that, in the case of movable property, the ownership shall pass or, in the case of immovable property, transfer shall be passed from the taxpayer to that other person, upon or after the receipt by the taxpayer of the whole or a certain portion of the amount payable to the taxpayer under the agreement, the whole of that amount shall for the purposes of this Act be deemed to have accrued to the taxpayer on the day on which the agreement was entered into.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0In the case of such an agreement, other than a lay-by agreement as contemplated in subsection (2A), in terms of which at least 25 per cent of the said amount payable only becomes due and payable on or after the expiry of a period of not less than 12 months after the date of the said agreement, taking into consideration any allowance made under section 11(j)<\/a>, there shall be made such further allowance as under the special circumstances of the trade of the taxpayer, as set out in a public notice issued by the Commissioner, is reasonable, in respect of all amounts which are deemed to have accrued under such agreements but which have not been received at the close of the taxpayer\u2019s accounting period: Provided that any allowance so made shall be included as income in the taxpayer\u2019s returns for the following year of assessment and shall form part of the taxpayer\u2019s income.<\/span><\/p>\n

[Subsection\u00a0(2)\u00a0substituted by\u00a0section\u00a013(1)(a)\u00a0of\u00a0Act\u00a020 of 2022\u00a0with effect from 1\u00a0January, 2023 and applicable in respect of years of assessment ending on or after that date (section 13(1)(a)\u00a0of\u00a0Act 20 of 2022\u00a0as substituted by\u00a0section 68(1)\u00a0of\u00a0Act 17 of 2023)]<\/span><\/p>\n

\u00a0<\/p>\n

(2A) \u00a0\u00a0In the case of a lay-by agreement as contemplated in section 62 of the Consumer Protection Act, 2008 (Act 68 of 2008), the Commissioner may make an allowance in respect of all amounts which are deemed to have accrued under such agreement but which have not been received by the end of the taxpayer\u2019s year of assessment.<\/span><\/p>\n

[Subsection\u00a0(2A)\u00a0inserted by\u00a0section\u00a013(1)(b)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(2B) \u00a0\u00a0Any allowance made under subsection (2A) shall be included in the income of that taxpayer in the immediately following year of assessment.<\/span><\/p>\n

[Subsection\u00a0(2B)\u00a0inserted by\u00a0section\u00a013(1)(b)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"Section 24 (ITA) - Credit agreements and debtors allowance","collection_order":592,"collection":597,"post_modified":"2024-01-12 11:13:45","post_date":"2015-10-15 12:14:34"},{"ID":"1056","post_content":"

24A.\u00a0\u00a0\u00a0 Transactions whereby fixed property is or company shares are exchanged for shares<\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 If, under any transaction entered into before 1 October 2001 for the disposal by any person (hereinafter referred to as the trader) of any trading stock consisting of fixed property or any shares in any company, the consideration received by or accrued to the trader for such trading stock in effect consists of or includes \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 shares in a public company; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 company shares quoted by a recognized stock exchange at the time of such transaction or within six months thereafter; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 shares in any other company, if such shares are, under a scheme for the consolidation or merger of the interests of two or more persons, issued or transferred to the trader,<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

the value of the shares which constitute or are included in such consideration shall, if the trader and the Commissioner agree thereto, be excluded from the trader\u2019s income for the year of assessment during which such consideration is received by or accrues to him.<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For the purposes of this Act \u2013<\/em><\/span><\/p>\n

<\/em><\/span>\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the shares which constitute or are included in the said consideration and any capitalization shares issued in respect of such shares (which shares and capitalization shares are hereinafter referred to as new trading stock) shall be deemed to be trading stock of the trader; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the cost price to the trader of the shares which constitute or are included in the said consideration shall be deemed to be the cost to him of the trading stock referred to in subsection (1) or, if such last\u2013<\/em>mentioned trading stock was held by him and had not been disposed of by him at the beginning of the year of assessment, the amount taken into account under section 22(2)<\/a> as the value thereof, less an amount which bears to the said cost or the amount so taken into account, as the case may be, the same ratio as the value of such portion (if any) of the said consideration as does not consist of the said shares bears to the total value of the said consideration (including the said shares).<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Any amount (including the value of any benefit or advantage) which is received by or accrues to the trader from the disposal of new trading stock (or a portion thereof) shall be included in the trader\u2019s income, whether such amount is derived in carrying on any trade or otherwise or is derived from a source within or outside the Republic: Provided that the provisions of this subsection shall not be construed so as to prevent the provisions of subsection (1) being applied in respect of such amount.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 If on or after the date of promulgation of the Income Tax Act, 1971, the trader disposes of or ceases to be the owner of new trading stock for any reason other than his death or insolvency or, in the case of a company, the winding\u2013<\/em>up or liquidation thereof and no consideration accrues to him in respect of such new trading stock or a consideration accrues to him in respect of such new trading stock which in whole or part is not measurable in terms of money (the part of the consideration which is so measurable being less in value than the market value of such new trading stock at the date on which it was disposed of or on which the trader ceased to be the owner thereof), he shall for the purposes of this Act be deemed to have disposed of such new trading stock for a consideration equal to the market value thereof at the date on which it was disposed of or on which the trader ceased to be the owner thereof) or the market value thereof on the date of the transaction referred to in subsection (1), whichever value is the lower, reduced by the amount (if any) included in the trader\u2019s income under subsection (3) in respect of the disposal, and such value, as so reduced, shall be included in his income: Provided that the foregoing provisions of this subsection shall not apply where the trader disposes of or ceases to be the owner of new trading stock by reason of the carrying out of any scheme referred to in section 22A<\/a> and the trader is a transferor company as contemplated in that section.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where the trader has until his death or the prior sequestration of his estate or, in the case of a company, the commencement of the winding\u2013<\/em>up or liquidation thereof, continued to hold new trading stock, the trader shall for the purposes of this Act be deemed to have disposed of such new trading stock on the day preceding the date of his death or the sequestration of his estate (whichever first occurs) or, in the case of a company the date on which the winding\u2013<\/em>up or liquidation thereof commenced, for a consideration equal to the market value on the said day of such new trading stock or the market value thereof on the date of the transaction referred to in subsection (1), whichever value is the lower, and such value shall be included in his income for the period of assessment within which the said day falls.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n

<\/em><\/span>\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u201cfixed property\u201d means property as defined in section 1 of the Transfer Duty Act, 1949 (Act No. 40 of 1949); and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a company which has not yet been recognized under the provisions of this Act as a public company, may at the request of the taxpayer, be deemed to be a public company, if the Commissioner is satisfied that such company will be so recognized.<\/span><\/p>\n","post_title":"Section 24A (ITA) - Transactions whereby fixed property is or company shares are exchanged for shares","collection_order":593,"collection":597,"post_modified":"2019-02-13 21:17:36","post_date":"2015-10-15 12:14:34"},{"ID":"1058","post_content":"

24BA.\u00a0 Transactions where assets are acquired as consideration for shares issued<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0 \u00a0 For the purposes of this section, \u2018asset\u2019 means an asset as defined in paragraph 1<\/a> of the Eighth Schedule<\/a> or a number of such assets.<\/span><\/p>\n

<\/p>\n

(2) \u00a0 \u00a0 Subject to subsection (4), this section applies where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in terms of any transaction, a company, for consideration, acquires an asset from a person in exchange for the issue by that company to that person of shares in that company; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the consideration contemplated in paragraph (a) is (before taking into account any other transaction, operation, scheme, agreement or understanding that directly or indirectly affects that consideration) different from the consideration that would have applied had that asset been acquired in exchange for the issue of those shares in terms of a transaction between independent persons dealing at arm\u2019s length.<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 Notwithstanding paragraph 11<\/a>(2)(b) of the Eighth Schedule<\/a>, where a company acquires an asset from a person in exchange for the issue by that company to that person of shares in that company as contemplated in subsection (2) and the market value of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that asset immediately before that disposal exceeds the market value of the shares immediately after that issue, the amount of the excess must-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 be deemed to be a capital gain in respect of a disposal by that company of the shares; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where those shares are acquired by that person as-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 a capital asset, be applied to reduce any amount of expenditure incurred by that person in acquiring those shares that is allowable in terms of paragraph 20<\/a> of the Eighth Schedule<\/a>; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 trading stock, be applied to reduce any amount that must be takan into account by the person in respect of the shares in terms of section 11(a)<\/a> or 22<\/a>(1) or (2); or<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the shares immediately after that issue exceeds the market value of that asset immediately before the disposal, the amount of the excess must, for the purposes of Part VIII<\/a>, be deemed to be a dividend as defined in section 64D<\/a> that-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 consists of a distribution of an asset in specie<\/em>; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 is paid by the company on the date of that issue.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 This section must not apply where a company acquires an asset from a person as contemplated in subsection (2)(a) if-<\/span><\/p>\n

<\/p>\n

(a)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that company and that person form part of the same group of companies immediately after that company acquires that asset; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that person holds all the shares in that company immediately after that company acquires that asset; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 paragraph 38 of the Eighth Schedule applies.<\/span><\/p>\n","post_title":"Section 24BA (ITA) - Transactions where assets are acquired as consideration for shares issued","collection_order":594,"collection":597,"post_modified":"2019-02-13 21:17:46","post_date":"2015-10-15 12:14:34"},{"ID":"1060","post_content":"

24C.\u00a0\u00a0\u00a0 Allowance in respect of future expenditure on contracts<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section, \u201cfuture expenditure\u201d in relation to any year of assessment means an amount of expenditure which will be incurred after the end of such year \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in such manner that such amount will be allowed as a deduction from income in a subsequent year of assessment; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in respect of the acquisition of any asset in respect of which any deduction will be admissible under the provisions of this Act.<\/span><\/p>\n

[Subsection (1) substituted by section 42 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 If the income of any taxpayer in any year of assessment includes or consists of an amount received by or accrued to him in terms of any contract and such amount will be utilised in whole or in part to finance future expenditure which will be incurred by the taxpayer in the performance of the taxpayer\u2019s obligations under such contract, there shall be deducted in the determination of the taxpayer\u2019s taxable income for such year such allowance (not exceeding the said amount) in respect of so much of such future expenditure as relates to the said amount.<\/span><\/p>\n

[Subsection (2) substituted by section 42 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The amount of any allowance deducted under subsection (2) in any year of assessment shall be deemed to be income received by or accrued to the taxpayer in the following year of assessment.<\/span><\/p>\n","post_title":"Section 24C (ITA) - Allowance in respect of future expenditure on contracts","collection_order":595,"collection":597,"post_modified":"2019-02-13 21:18:05","post_date":"2015-10-15 12:14:34"},{"ID":"1062","post_content":"

24D.\u00a0 Deduction of certain expenditure incurred in respect of any National Key Point or <\/strong>specified important place or area<\/strong><\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 There shall be allowed to be deducted from the income of any taxpayer for any year of assessment so much of any expenditure actually incurred by the taxpayer during such year \u2013<\/em><\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 43 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 directly in the performance of any act ordered, performed or executed under the provisions of the National Key Points Act, 1980 (Act No. 102 of 1980), in respect of any National Key Point or Key Point as defined in section 1 of that Act; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 directly in providing efficient security against loss, damage, disruption or immobilization of any place or area as defined in section 1 of the said Act which, although not declared a National Key Point under the provisions of the said Act, has been evaluated and approved by the Minister of Defence or any person or committee appointed by him as such a place or area in respect of which measures for the efficient security thereof ought to be taken by such taxpayer.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The amount of any expenditure allowed to be deducted under the provisions of subsection (1) shall be restricted to expenditure \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 actually incurred by the taxpayer on or after 1 September 1978; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 which was or is not otherwise allowable as a deduction under the provisions of this Act,<\/span><\/p>\n

<\/p>\n

and no expenditure shall be deducted under the provisions of this section unless the Minister of Defence or any person or committee appointed by that Minister has confirmed in writing that it was deemed necessary or expedient that the expenditure in question be incurred by the taxpayer concerned.<\/p>\n

[Words following paragraph (b) substituted by section 43 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where an amount has been paid by the State to a taxpayer in respect of expenditure incurred by him prior to 1 July 1983 which has qualified for deduction from his income under subsection (1) and the Minister, person or committee referred to in subsection (2) confirms that such amount was paid as a supplement to the benefit which the taxpayer has enjoyed or will enjoy by way of the said deduction, the provisions of section 8<\/a>(4)(a) shall not apply in respect of the said amount [K-MOS].<\/span><\/p>\n","post_title":"Section 24D (ITA) - Deduction of certain expenditure incurred in respect of any National Key Point or specified important place or area","collection_order":596,"collection":597,"post_modified":"2019-02-13 21:18:19","post_date":"2015-10-15 12:14:34"},{"ID":"1064","post_content":"

24E.<\/strong>\u00a0\u00a0\u00a0\u00a0 Allowance in respect of future expenditure by sporting bodies<\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 If income is received by or accrued to a taxpayer contemplated in section 11E<\/a> in respect of an event that will not recur in the following year of assessment, the taxpayer may for the purposes of determining taxable income deduct so much of that income as will be required to fund expenditure contemplated in section 11E<\/a> that will be incurred in a future year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Any amount allowed to be deducted in terms of subsection (1) in any year of assessment must be deemed to be income received by or accrued to the taxpayer in the following year of assessment.<\/span><\/p>\n


<\/span><\/p>\n

24F. \u00a0 \u00a0 .........<\/span><\/strong><\/p>\n","post_title":"Section 24E (ITA) - Allowance in respect of future expenditure by sporting bodies","collection_order":597,"collection":597,"post_modified":"2019-02-13 21:18:28","post_date":"2015-10-15 12:14:34"},{"ID":"1066","post_content":"

24G.\u00a0\u00a0\u00a0 Taxable income of toll road operators<\/span><\/strong><\/p>\n","post_title":"Section 24G (ITA) - Taxable income of toll road operators","collection_order":598,"collection":597,"post_modified":"2019-02-13 21:18:41","post_date":"2015-10-15 12:14:34"},{"ID":"1068","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

\u201cagreement\u201d<\/strong> means an agreement concluded by the taxpayer in terms of which the taxpayer is entitled to operate a toll road;<\/p>\n","post_title":"\"Agreement\" definition of section 24G of ITA","collection_order":599,"collection":597,"post_modified":"2019-02-13 21:18:51","post_date":"2015-10-15 12:14:34"},{"ID":"1070","post_content":"

\u201cancillary service\u201d<\/strong> in relation to a toll road, means any \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 vehicle service station, breakdown or repair facility;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 shop or restaurant;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 park, recreation or rest area;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 emergency medical or first\u2013<\/em>aid facility;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 hotel or other accommodation; or<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 entertainment facility,<\/span><\/p>\n

\u00a0<\/p>\n

or other service or facility to which persons or vehicles may gain access from the toll road;<\/p>\n","post_title":"\"Ancillary service\" definition of section 24G of ITA","collection_order":600,"collection":597,"post_modified":"2019-02-13 21:18:56","post_date":"2015-10-15 12:14:34"},{"ID":"1072","post_content":"

\u201cpermanent work\u201d<\/strong> means \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any earthwork, tunnel, bridge, or structure forming part of a toll road, including any building erected for the purpose of housing toll equipment, but excluding any such work constructed or erected solely for the purposes of the repair or maintenance of a toll road; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the reimbursement for the cost of acquisition or expropriation of land required for the purposes of the toll road; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any payment made to the South African National Roads Agency Limited in respect of the acquisition of the right to operate a toll road;<\/span><\/p>\n","post_title":"\"Permanent work\" definition of section 24G of ITA","collection_order":601,"collection":597,"post_modified":"2019-02-13 21:19:02","post_date":"2015-10-15 12:14:34"},{"ID":"1074","post_content":"

\u201croad pavement\u201d<\/strong> means the road surface, road shoulders, sub base, base course, wearing courses, road signage, road markings, lighting, guard rails, tolling equipment, emergency telephone systems, emergency telephone repeater stations, access roads to emergency telephone repeater station sites and other parts and road furniture of a toll road, excluding any permanent work or ancillary service;<\/p>\n","post_title":"\"Road pavement\" definition of section 24G of ITA","collection_order":602,"collection":597,"post_modified":"2019-02-13 21:19:11","post_date":"2015-10-15 12:14:34"},{"ID":"1076","post_content":"

\u201csingle toll road\u201d<\/strong> means \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a single continuous toll road or portion thereof, or two or more toll roads or portions thereof which are not contiguous but which the Minister of Transport Affairs, after consultation with the Minister of Finance, considers should be regarded as a single toll road; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 two or more toll roads or portions thereof in respect of which a single agreement has been concluded with the South African National Roads Agency Limited;<\/span><\/p>\n","post_title":"\"Single toll road\" definition of section 24G of ITA","collection_order":603,"collection":597,"post_modified":"2019-02-13 21:19:22","post_date":"2015-10-15 12:14:34"},{"ID":"1078","post_content":"

\u201cSouth African National Roads Agency Limited\u201d<\/strong> means the South African National Road Agency Limited incorporated in terms of section 3 of the South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998);<\/p>\n","post_title":"\"South African National Roads Agency Limited\" definition of section 24G of ITA","collection_order":604,"collection":597,"post_modified":"2019-02-13 21:19:53","post_date":"2015-10-15 12:14:34"},{"ID":"1080","post_content":"

\u201ctolling period\u201d<\/strong>, in relation to a toll road, means the initial period during which the South African National Roads Agency Limited has granted to the taxpayer or any other person the right to operate such toll road, including any period in respect of which such right was so granted in terms of an interim agreement concluded by the South African National Roads Agency Limited, but excluding any extension of such first-mentioned period in respect of which a right of renewal may be exercised;<\/p>\n","post_title":"\"Tolling period\" definition of section 24G of ITA","collection_order":605,"collection":597,"post_modified":"2019-02-13 21:20:09","post_date":"2015-10-15 12:14:34"},{"ID":"1082","post_content":"

\u201ctoll road\u201d<\/strong> means a road or section thereof, including any access road, crossroad or ramp constituting a necessary adjunct to such road or section, in respect of which the taxpayer derives or will derive income through the imposition of a toll or the exploitation of the right to impose a toll.<\/p>\n","post_title":"\"Toll road\" definition of section 24G of ITA","collection_order":606,"collection":597,"post_modified":"2019-02-13 21:20:17","post_date":"2015-10-15 12:14:34"},{"ID":"1084","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Subject to the provisions of subsection (5), there shall be deducted in the determination of the taxable income derived by the taxpayer during any year of assessment \u2013<\/em><\/span><\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the sum of any annual allowances determined under subsection (3) in relation to expenditure incurred during the current or any previous year of assessment in respect of any permanent work, road pavement, major rehabilitation of the road pavement or erection or construction of ancillary services in relation to a toll road;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any expenditure incurred during the year of assessment in respect of the repair or maintenance of a toll road or any ancillary service in relation to such toll road, other than expenditure incurred on major rehabilitation of the road pavement;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any interest (other than interest which is deductible under section 11(a)<\/a> incurred by the taxpayer during the year of assessment in respect of any loan utilized for the purpose of financing any expenditure contemplated in paragraph (a) or (b); and<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any amount which has been disallowed in the preceding year of assessment under the provisions of subsection (5):<\/span><\/p>\n

\u00a0<\/p>\n

Provided that the aggregate of the allowances which may be granted under paragraph (a) shall not exceed the total expenditure incurred by the taxpayer on such permanent work, road pavement, major rehabilitation of road pavement or erection or construction of ancillary services.<\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of subsection (2), an annual allowance shall be calculated in respect of expenditure incurred by the taxpayer on permanent works, road pavements, major rehabilitation of road pavements or the erection, construction, installation or provision of ancillary services during any year of assessment, such allowance to be equal to the expenditure so incurred during the year divided by the lesser of the number of years reckoned from the commencement of that year until the end of the tolling period (for which purpose a portion of a year shall be regarded as a year) and \u2013<\/em><\/span><\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of expenditure incurred on permanent works or the erection or construction of ancillary services, 25 years; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of such expenditure incurred on road pavements or major rehabilitation of road pavements, 8 years.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 No deduction or allowance shall be granted under this Act in respect of expenditure contemplated in subsection (2) otherwise than as provided in that subsection.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The allowances which may be granted under subsection (2) (a), (b) and (d) in any year of assessment in respect of any single toll road shall not in the aggregate exceed the taxable income (as determined before the deduction of the said allowances) derived by the taxpayer during such year from \u2013<\/em><\/span><\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the exploitation of such toll road or any ancillary service in relation to such toll road; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any interest derived in the ordinary course of such exploitation and the financing of any expenditure contemplated in subsection (3) which relates to such toll road.<\/span><\/p>\n","post_title":"Subsections 2, 3, 4 and 5 of section 24G of ITA","collection_order":607,"collection":597,"post_modified":"2019-02-13 21:20:25","post_date":"2015-10-15 12:14:34"},{"ID":"1086","post_content":"

24H.\u00a0\u00a0\u00a0 Persons carrying on trade or business in partnership<\/span><\/strong><\/p>\n","post_title":"Section 24H (ITA) - Persons carrying on trade or business in partnership","collection_order":608,"collection":597,"post_modified":"2019-02-13 21:20:36","post_date":"2015-10-15 12:14:34"},{"ID":"1088","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section, \u2018limited partner\u2019<\/strong> means any member of a partnership en commandite<\/em>, an anonymous partnership, any similar partnership or a foreign partnership, if such member\u2019s liability towards a creditor of the partnership is limited to the amount which the member has contributed or undertaken to contribute to the partnership or is in any other way limited.<\/span><\/p>\n","post_title":"\"Limited partner\" definition of section 24H of ITA","collection_order":609,"collection":597,"post_modified":"2019-02-13 21:20:43","post_date":"2015-10-15 12:14:33"},{"ID":"1090","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Where any trade or business is carried on in partnership, each member of such partnership shall, notwithstanding the fact that he may be a limited partner, be deemed for the purposes of this Act to be carrying on such trade or business.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Notwithstanding anything to the contrary in this Act contained, the amount of any allowance or deduction which may be granted to any taxpayer under any provision of this Act in respect of or in connection with any trade or business carried on by him in a partnership in relation to which he is a limited partner shall not in the aggregate exceed the sum of \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount, whether it consists of the taxpayer\u2019s contribution to the partnership or of any other amount, for which the taxpayer is or may be held liable to any creditor of the partnership; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any income received by or accrued to the taxpayer from such trade or business.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Any allowance or deduction which has been disallowed under the provisions of subsection (3) shall be carried forward and be deemed to be an allowance or deduction to which the taxpayer is entitled in the succeeding year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(5)<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Where any income has in common been received by or accrued to the members of any partnership or foreign partnership, a portion (determined in accordance with any agreement between such members as to the ratio in which the profits or losses of the partnership are to be shared) of such income shall, notwithstanding anything to the contrary contained in any law or the relevant agreement of partnership, be deemed to have been received by or to have accrued to each such member individually on the date upon which such income was received by or accrued to them in common.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where a portion of any income is under the provisions of paragraph (a) deemed to have been received by or to have accrued to a taxpayer, a portion (determined as aforesaid) of any deduction or allowance which may be granted under the provisions of this Act in the determination of the taxable income derived from such income shall be granted in the determination of the taxpayer\u2019s taxable income so derived.<\/span><\/p>\n","post_title":"Subsections 2, 3, 4 and 5 of section 24H of ITA","collection_order":610,"collection":597,"post_modified":"2019-02-13 21:20:49","post_date":"2015-10-15 12:14:33"},{"ID":"1092","post_content":"

24I.\u00a0\u00a0\u00a0\u00a0\u00a0 Gains or losses on foreign exchange transactions<\/span><\/strong><\/p>\n","post_title":"Section 24I (ITA) - Gains or losses on foreign exchange transactions","collection_order":611,"collection":597,"post_modified":"2019-02-13 21:20:59","post_date":"2015-10-15 12:14:33"},{"ID":"1094","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/em><\/p>\n

\u00a0<\/p>\n

\u201cacquisition rate\u201d<\/strong> means the exchange rate in respect of an exchange item obtained by dividing the amount of the expenditure incurred for the acquisition of such exchange item by the foreign currency amount in respect of such exchange item;<\/p>\n","post_title":"\"Acquisition rate\" definition of section 24I of ITA","collection_order":612,"collection":597,"post_modified":"2019-02-13 21:21:09","post_date":"2015-10-15 12:14:33"},{"ID":"1096","post_content":"

\u201caffected contract\u201d<\/strong> means any foreign currency option contract or forward exchange contract to the extent that the foreign currency option contract or forward exchange contract has been entered into by any person during any year of assessment to serve as a hedge in respect of a debt, where-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that debt-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is to be utilised by that person for the purposes of acquiring any asset or for financing any expenditure; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 will arise from the sale of any asset or supply of any services,<\/span><\/p>\n

<\/p>\n

in terms of an agreement entered into by that person in the ordinary course of the person\u2019s trade prior to the end of the current year of assessment; and<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that debt has not yet been incurred by such person or the amount payable in respect of such debt has not yet accrued during that current year of assessment;<\/span><\/p>\n

[Definition of \u201caffected forward exchange contract\u201d inserted by section 18 of Act 21 of 1994, substituted by section 13 of Act 36 of 1996, amended by section 35 of Act 30 of 1998 and substituted by section 53 of Act 22 of 2012 and section 42 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"\"Affected contract\" definition of section 24I of ITA","collection_order":613,"collection":597,"post_modified":"2019-06-19 11:09:55","post_date":"2015-10-15 12:14:33"},{"ID":"1098","post_content":"

\u201cdisposal rate\u201d<\/strong> means the exchange rate in respect of an exchange item obtained by dividing the amount received or accrued in respect of the disposal of such exchange item by the foreign currency amount in respect of such exchange item;<\/p>\n","post_title":"\"Disposal rate\" definition of section 24I of ITA","collection_order":614,"collection":597,"post_modified":"2019-02-13 21:21:22","post_date":"2015-10-15 12:14:33"},{"ID":"1100","post_content":"

\u201cexchange difference\u201d<\/strong> means the foreign exchange gain or foreign exchange loss in respect of an exchange item during any year of assessment determined by multiplying such exchange item by the difference between \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the ruling exchange rate on transaction date in respect of such exchange item during that year of assessment, and \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the ruling exchange rate at which such exchange item is realised during that year of assessment; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the ruling exchange rate at which such exchange item is translated at the end of that year of assessment; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the ruling exchange rate at which such exchange item was translated at the end of the immediately preceding year of assessment or at which it would have been translated had this section been applicable at the end of that immediately preceding year of assessment, and \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the ruling exchange rate at which such exchange item is realised during that year of assessment; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the ruling exchange rate at which such exchange item is translated at the end of that year of assessment;<\/span><\/p>\n","post_title":"\"Exchange difference\" definition of section 24I of ITA","collection_order":615,"collection":597,"post_modified":"2019-02-13 21:21:29","post_date":"2015-10-15 12:14:33"},{"ID":"1102","post_content":"

\u201cexchange item\u201d<\/strong> of or in relation to a person means an amount in a foreign currency-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 which constitutes any unit of currency acquired and not disposed of by that person;<\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 owing by or to that person in respect of a debt incurred by or payable to such person;<\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 owed by or to that person in respect of a forward exchange contract; or<\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 where that person has the right or contingent obligation to buy or sell that amount in terms of a foreign currency option contract.<\/span><\/span><\/p>\n","post_title":"\"Exchange item\" definition of section 24I of ITA","collection_order":616,"collection":597,"post_modified":"2019-02-13 21:21:41","post_date":"2015-10-15 12:14:33"},{"ID":"1104","post_content":"

\u201cforeign currency\u201d<\/strong> in relation to any exchange item of a person, means any currency which is not local currency;<\/p>\n","post_title":"\"Foreign currency\" definition of section 24I of ITA","collection_order":617,"collection":597,"post_modified":"2019-02-13 21:21:52","post_date":"2015-10-15 12:14:33"},{"ID":"1106","post_content":"

\u201cforeign currency option contract\u201d<\/strong> means any agreement in terms of which any person acquires or grants the right to buy from or to sell to any other person a certain amount of a nominated foreign currency on or before a future expiry date at a specified exchange rate;<\/p>\n","post_title":"\"Foreign currency option contract\" definition of section 24I of ITA","collection_order":618,"collection":597,"post_modified":"2019-02-09 22:39:56","post_date":"2015-04-15 13:37:05"},{"ID":"1108","post_content":"

\u201cforward exchange contract\u201d<\/strong> means any agreement in terms of which any person agrees with another person to exchange an amount of currency for another currency at some future date at a specified exchange rate;<\/p>\n","post_title":"\"Forward exchange contract\" definition of section 24I of ITA","collection_order":619,"collection":597,"post_modified":"2019-02-13 21:21:59","post_date":"2015-10-15 12:14:33"},{"ID":"1110","post_content":"

\u201cforward rate\u201d<\/strong> means the specified exchange rate as referred to in the definition of \u201cforward exchange contract\u201d;<\/p>\n","post_title":"\"Forward rate\" definition of section 24I of ITA","collection_order":620,"collection":597,"post_modified":"2019-02-13 21:22:11","post_date":"2015-10-15 12:14:33"},{"ID":"1112","post_content":"

\u201cintrinsic value\u201d<\/strong>, in relation to a foreign currency option contract, means the value for the holder or writer thereof, as the case may be, determined by applying the difference between \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the spot rate on translation date or the date on which the foreign currency option contract is realised, as the case may be; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the option strike rate,<\/span><\/p>\n

\u00a0<\/p>\n

to the amount of foreign currency as specified in such foreign currency option contract: Provided that such foreign currency option contract shall have a nil value for the holder or writer thereof if such holder thereof would have sustained a loss had he exercised his right in terms of such foreign currency option contract on such translation date or date realised due to the unfavourable difference between the option strike rate and the spot rate on such translation date or date realised;<\/p>\n","post_title":"\"Intrinsic value\" definition of section 24I of ITA","collection_order":621,"collection":597,"post_modified":"2019-02-13 21:23:07","post_date":"2015-10-15 12:14:33"},{"ID":"1114","post_content":"

\u201clocal currency\u201d<\/strong> means in relation to-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any person in respect of an exchange item which is attributable to any permanent establishment outside the Republic, the functional currency of that permanent establishment: Provided that for purposes of this paragraph any exchange item shall be deemed not to be attributable to any such permanent establishment if the functional currency of that permanent establishment is the currency of a country which has an official rate of inflation of 100 per cent or more throughout the relevant year of assessment;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any resident, other than a headquarter company, a domestic treasury management company and an international shipping company as defined in section 12Q<\/a>(1), in respect of an exchange item which is not attributable to a permanent establishment outside the Republic, the currency of the Republic\u037e<\/span><\/p>\n

[Paragraph (b) substituted by section 30 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any person that is not a resident in respect of any exchange item which is attributable to a permanent establishment in the Republic, the currency of the Republic;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any headquarter company in respect of an exchange item which is not attributable to a permanent establishment outside the Republic, the functional currency of that headquarter company;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any domestic treasury management company in respect of an exchange item which is not attributable to a permanent establishment outside the Republic, the functional currency of that domestic treasury management company;<\/span><\/p>\n

<\/p>\n

(f) \u00a0 \u00a0 \u00a0any international shipping company defined in section 12Q<\/a>, in respect of an amount which is not attributable to a permanent establishment outside the Republic, the functional currency of that international shipping company;<\/span><\/p>\n","post_title":"\"Local currency\" definition of section 24I of ITA","collection_order":622,"collection":597,"post_modified":"2021-02-10 09:21:01","post_date":"2015-10-15 12:14:33"},{"ID":"1116","post_content":"

\u201cmarket value\u201d<\/strong>, in relation to a foreign currency option contract, means \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of a person who for accounting purposes uses a market\u2013<\/em>related valuation method in terms of a practice consistently applied by him to determine the value of all his foreign currency option contracts, the market\u2013<\/em>related value so determined; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of any other person, the intrinsic value of such foreign currency option contract;<\/span><\/p>\n","post_title":"\"Market value\" definition of section 24I of ITA","collection_order":623,"collection":597,"post_modified":"2019-02-13 21:23:32","post_date":"2015-10-15 12:14:33"},{"ID":"1118","post_content":"

\u201coption strike rate\u201d<\/strong> means the specified exchange rate as referred to in the definition of \u201cforeign currency option contract\u201d<\/strong>;<\/p>\n","post_title":"\"Option strike rate\" definition of section 24I of ITA","collection_order":624,"collection":597,"post_modified":"2019-02-13 21:23:44","post_date":"2015-10-15 12:14:33"},{"ID":"1120","post_content":"

\u201cpremium or discount on a forward exchange contract\u201d<\/strong> \u2026\u2026\u2026.<\/p>\n

[Definition of \u201cpremium or discount on a forward exchange contract\u201d deleted by section 44 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"\"Premium or discount on a forward exchange contract\" definition of section 24I of ITA","collection_order":625,"collection":597,"post_modified":"2019-02-13 21:23:51","post_date":"2015-10-15 12:14:33"},{"ID":"1122","post_content":"

\u201crealised\u201d<\/strong> means, in relation to an exchange item, where such exchange item is \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a debt in any foreign currency, when and to the extent to which payment is received or made in respect of such debt, or when and to the extent to which debt is settled or disposed of in any other manner;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a forward exchange contract, when payment is received or made in respect of such forward exchange contract<\/span>;<\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a foreign currency option contract, when payment is received or made in respect of the right in terms of such foreign currency option contract having been exercised, or when such foreign currency option contract expires without such right having been exercised, or when such foreign currency option contract is disposed of; or<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 an amount which constitutes a unit of currency, when that amount is disposed of;<\/span><\/p>\n","post_title":"\"Realised\" definition of section 24I of ITA","collection_order":626,"collection":597,"post_modified":"2019-02-13 21:23:57","post_date":"2015-10-15 12:14:33"},{"ID":"1124","post_content":"

\u201cruling exchange rate\u201d<\/strong> means, in relation to an exchange item, where such exchange item is \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a debt in a foreign currency on \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 transaction date, the spot rate on such date;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the date it is translated, the spot rate on such date; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the date it is realised, the spot rate on such date:<\/span><\/p>\n

<\/p>\n

Provided that where the rate prescribed in respect of a debt in terms of this definition is the spot rate on transaction date or the spot rate on the date on which such debt is realised, and any consideration paid or incurred or received or accrued in respect of the acquisition or disposal of such debt was determined by applying a rate other than such spot rate on transaction date or date realised, such spot rate shall be deemed to be the acquisition rate or disposal rate, as the case may be;<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a forward exchange contract on \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 transaction date, the forward rate in terms of such forward exchange contract;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the date it is translated, the market-related forward rate available for the remaining period of such forward exchange contract or in respect of a forward exchange contract which is an affected contract, the forward rate in terms of such forward exchange contract;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the date it is realised, the spot rate on such date; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a foreign currency option contract on \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 transaction date, a nil rate;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the date it is translated \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 in relation to a foreign currency option contract which is not an affected contract, the rate obtained by dividing the market value of such foreign currency option contract on that date by the foreign currency amount as specified in such foreign currency option contract; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 in relation to a foreign currency option contract which is an affected contract, the rate obtained by dividing any amount included or deducted, as the case may be, in terms of subsection (3)(b) by the foreign currency amount, as specified in such affected contract;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the date it is realised, the rate obtained by dividing the market value of such foreign currency option contract on that date by the foreign currency amount as specified in such foreign currency option contract: Provided that where such foreign currency option contract is realised by the disposal thereof, the rate shall be obtained by dividing the amount received or accrued as a result of the disposal of such foreign currency option contract, by the foreign currency amount as specified in such foreign currency option contract:<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 an amount which constitutes a unit of currency, on-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 transaction date, the spot rate on that date;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the date it is translated, the spot rate on that date; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the date it is realised, the spot rate on that date:<\/span><\/p>\n

<\/p>\n

: Provided that the Commissioner may, having regard to the particular circumstances of the case, prescribe an alternative rate to any of the aforementioned prescribed rates to be applied by a person in such particular circumstances, if such alternative rate is used for the purposes of financial reporting pursuant to IFRS;<\/p>\n

[Proviso substituted by section 44 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"\"Ruling exchange rate\" definition of section 24I of ITA","collection_order":627,"collection":597,"post_modified":"2019-02-13 21:24:04","post_date":"2015-10-15 12:14:33"},{"ID":"1126","post_content":"

\u00a0\u201ctransaction date\u201d<\/strong> means, in relation to \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a debt owing by a person, the date on which such debt was actually incurred;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 a debt owing to a person, the date on which the amount payable in respect of such debt accrued to such person or the date on which such debt was acquired by such person in any other manner;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 a forward exchange contract, the date on which such contract was entered into;<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 a foreign currency option contract, the date on which such contract was entered into or acquired; and<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 an amount which constitutes a unit of currency, the date on which that amount was acquired;<\/span><\/p>\n","post_title":"\"Transaction date\" definition of section 24I of ITA","collection_order":628,"collection":597,"post_modified":"2019-02-13 21:24:10","post_date":"2015-10-15 12:14:33"},{"ID":"1128","post_content":"

\u00a0\u201ctranslate\u201d<\/strong> means the restatement of an exchange item in the local currency at the end of any year of assessment, by applying the ruling exchange rate to such exchange item.<\/p>\n","post_title":"\"Translate\" definition of section 24I of ITA","collection_order":629,"collection":597,"post_modified":"2019-02-13 21:24:17","post_date":"2015-10-15 12:14:33"},{"ID":"1130","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 The provisions of this section shall apply in respect of any \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 company;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 trust carrying on any trade;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 natural person who holds any amount contemplated in paragraph (a) or (b) of the definition of \u201cexchange item\u201d as trading stock; and<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 natural person or trust in respect of any amount contemplated in paragraph (c) or (d) of the definition of \u201cexchange item\u201d:<\/span><\/p>\n

<\/p>\n

Provided that this section does not apply in respect of any exchange item of a person who is not a resident (other than a controlled foreign company), unless that exchange item is effectively connected to a permanent establishment of that person in the Republic.<\/span><\/p>\n

[Subsection (2) amended by section 31(b) and (c) of Act 59 of 2000, substituted by section 36(1)(g) of Act 60 of 2001 and amended by section 27(1)(i) of Act 74 of 2002, by section 23 of Act 32 of 2004 and by section 27 of Act 17 of 2023]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 In determining the taxable income of any person contemplated in subsection (2), there shall be included in or deducted from the income, as the case may be, of that person-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any exchange difference in respect of an exchange item of or in relation to that person, subject to subsection 10(A); and<\/span><\/p>\n

<\/p>\n

(b)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any premium or like consideration received by, or paid by, such person in terms of a foreign currency option contract entered into by such person; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any consideration paid by such person in respect of a foreign currency option contract acquired by such person;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to section 11, in determining the taxable income of any person contemplated in subsection (2) in respect of a debt owing to that person as referred to in paragraph (b) of the definition of \u2018exchange item\u2019-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent that on realisation the debt was irrecoverable by reason of becoming bad; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the realisation of the debt resulted in a loss determined in the foreign currency due to a decline in the market value of that debt,<\/span><\/p>\n

<\/p>\n

the amount of-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any foreign exchange gain, relating to the debt as described in paragraph (a) or (b), that is or was included in the income of that person in the current or any previous year of assessment must be deducted from the income of that person; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of any foreign exchange loss, relating to the debt as described in paragraph (a) or (b), that is or was deducted from the income of that person in the current or any previous year of assessment must be included in the income of that person.<\/span><\/p>\n

[Subsection (4) substituted by section 18 of Act 21 of 1994, amended by section 35 of Act 30 of 1998 and section 31 of Act 59 of 2000,\u00a0deleted by section 27 of Act 74 of 2002,\u00a0re-inserted by section 44 of Act 15 of 2016 and substituted by section 43 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Any inclusion in or deduction from income in terms of this section shall be in lieu of any deduction or inclusion which may otherwise be allowed or included under any other provision of this Act.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 Notwithstanding the provisions of subsection (3), but subject to the provisions of section 36<\/a> \u2013<\/em><\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 44 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any exchange difference arising from a debt having been utilised by a person in respect of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the acquisition, installation, erection or construction of any machinery, plant, implement, utensil, building or improvements to any building, as the case may be; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the devising, developing, creation, production, acquisition or restoration of any invention, patent, design, trade mark, copyright or other similar property or knowledge contemplated in\u00a0section 11<\/a>(gC);<\/span><\/p>\n

[Subparagraph (ii) substituted by section 33 of Act 31 of 2005 and section 43 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any exchange difference arising from a forward exchange contract or a foreign currency option contract which has been entered into by a person contemplated in paragraph (a), to the extent to which such forward exchange contract or foreign currency option contract is entered into to serve as a hedge in respect of a or a debt incurred or to be incurred for the utilisation thereof as contemplated in paragraph (a); and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any premium or other consideration paid or payable in respect of or in terms of a foreign currency option contract entered into or acquired by a person contemplated in paragraph (a), to the extent to which such foreign currency option contract is entered into or obtained in order to serve as a hedge in respect of a debt incurred or to be incurred for the utilisation thereof as contemplated in paragraph (a),<\/span><\/p>\n

<\/p>\n

shall, where such exchange difference arose or such premium or other consideration was paid or became payable in a year of assessment prior to the year of assessment during which such machinery, plant, implement, utensil, building, improvements to any building, invention, patent, design, trade mark, copyright or other similar property or knowledge was or is brought into use for the purposes of such person\u2019s trade, be carried forward and be taken into account in the determination of the taxable income of such person in the year of assessment during which such machinery, plant, implement, utensil, building, improvements to any building, invention, patent, design, trade mark, copyright or other similar property or knowledge was or is so brought into use for the purposes of such person\u2019s trade: Provided that where during any year of assessment subsequent to the year of assessment during which such exchange difference arose or such premium or other consideration was paid or became payable \u2013<\/em><\/p>\n

[Words preceding paragraph (a) substituted by section 44 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the debt to be incurred as contemplated in paragraph (b) or (c) of this subsection will no longer be so incurred;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 such debt has not been utilised as contemplated in paragraph (a); or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any such asset, property or knowledge will no longer be brought into use for the purpose of such person\u2019s trade,<\/span><\/p>\n

<\/p>\n

such exchange difference or premium or other consideration shall no longer be carried forward, but shall be taken into account in the determination of such person\u2019s taxable income in such subsequent year of assessment.<\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 Any foreign exchange loss sustained in respect of a transaction entered into by a person, or any premium or other consideration paid in respect of or in terms of a foreign currency option contract entered into or acquired by a person, shall not be allowed as a deduction from such person\u2019s income under subsection (3), if such transaction was entered into or such foreign currency option contract was entered into or acquired solely or mainly to enjoy a reduction in tax by way of a deduction from income.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(10A)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Subject to paragraph (b), no exchange difference arising during any year of assessment in respect of an exchange item contemplated in paragraph (b) of the definition of \u2018exchange item\u2019 shall be included in or deducted from the income of a person in terms of this section \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 if, at the end of that year of assessment-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 that person and the other party to the contractual provisions of that exchange item-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 form part of the same group of companies; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 are connected persons in relation to each other; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 no forward exchange contract and no foreign currency option contract has been entered into by that person to serve as a hedge in respect of that exchange item; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that exchange item-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 or any portion thereof does not represent for that person a current asset or a current liability for the purposes of financial reporting pursuant to IFRS; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 is not directly or indirectly funded by any debt owed to any person that-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 does not form part of the same group of companies as; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 is not a connected person in relation to,<\/span><\/p>\n

<\/p>\n

that person or the other party to the contractual provisions of that exchange item.<\/p>\n

[Paragraph (a) substituted by section 40 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where paragraph (a) was applied during any year of assessment to any exchange difference in respect of an exchange item and-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that exchange difference was not included in nor deducted from the income of a person in that year of assessment; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 during any year of assessment-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 subsequent to that year of assessment, paragraph (a) no longer applies to that exchange difference; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 that exchange item is realised,<\/span><\/p>\n

<\/p>\n

an amount in respect of that exchange item must be included in or deducted from the income of that person in that subsequent year of assessment or in the year of assessment during which the exchange item is realised which amount shall be determined by multiplying that exchange item by the difference between the ruling exchange rate on the last day of the year of assessment immediately preceding that subsequent year of assessment and the ruling exchange rate on transaction date, less any amount of the exchange differences included in or deducted from the income of that person in terms of this section in respect of that exchange item for all years of assessment preceding that subsequent year of assessment during which the person was a party to the contractual provisions of the exchange item.<\/p>\n

<\/p>\n

(11)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(12)\u00a0 Where a person holds any exchange item and the provisions of this section at any time during a year of assessment-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 become applicable to that person, that exchange item shall be deemed to have been acquired at that time for the purposes of this section; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 cease to apply to that person, that exchange item shall be deemed to have been realised at that time for the purposes of this section.<\/span><\/p>\n","post_title":"Subsections 2, 3, 6, 7, 8, 10A and 12 of section 24I of ITA","collection_order":630,"collection":597,"post_modified":"2024-01-12 11:19:05","post_date":"2015-10-15 12:14:33"},{"ID":"1132","post_content":"

24J.\u00a0\u00a0\u00a0\u00a0\u00a0 Incurral and accrual of interest<\/span><\/strong><\/p>\n","post_title":"Section 24J (ITA) - Incurral and accrual of interest","collection_order":631,"collection":597,"post_modified":"2019-02-13 21:24:39","post_date":"2015-10-15 12:14:33"},{"ID":"1134","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section, unless the context otherwise indicates \u2013<\/em><\/p>\n

\u00a0<\/p>\n

\u201caccrual amount\u201d<\/strong>, in relation to an accrual period, means an amount determined in accordance with the following formula:<\/p>\n

\u00a0<\/p>\n

A = B x C<\/p>\n

\u00a0<\/p>\n

in which formula \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u201cA\u201d represents the amount to be determined;<\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u201cB\u201d represents the yield to maturity; and<\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u201cC\u201d represents the adjusted initial amount:<\/p>\n

\u00a0<\/p>\n

Provided that \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where the commencement or end of any year of assessment falls within an accrual period, the amount so determined shall be apportioned on a day to day basis over the term of such accrual period in order to determine the relevant portion of such amount relating to that part of such accrual period falling within the year of assessment so commencing or ending, as the case may be;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where an instrument is transferred on a date other than at the end of an accrual period, the amount so determined shall be apportioned on a day to day basis over the term of such accrual period in order to determine the relevant portion of such amount relating to the relevant transferor or transferee, as the case may be, in relation to such instrument; and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 the amount so determined shall be appropriately adjusted by taking into account amounts received or payments made other than at the end of an accrual period;<\/span><\/p>\n","post_title":"\"Accrual amount\" definition of section 24J of ITA","collection_order":632,"collection":597,"post_modified":"2019-02-09 22:39:50","post_date":"2015-04-15 13:54:55"},{"ID":"1136","post_content":"

\u201caccrual period\u201d<\/strong>, in relation to an instrument, means \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where in terms of such instrument regular payments at intervals of equal length and not exceeding 12 months per interval are to be made throughout the term of such instrument, the period between such regular payments; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any period not exceeding 12 months elected by the holder or issuer, as the case may be,<\/span><\/p>\n

\u00a0<\/p>\n

which period shall be applied consistently throughout the term of such instrument;<\/p>\n","post_title":"\"Accrual period\" definition of section 24J of ITA","collection_order":633,"collection":597,"post_modified":"2019-02-13 21:24:55","post_date":"2015-10-15 12:14:33"},{"ID":"1138","post_content":"

\u201cadjusted gain on transfer or redemption of an instrument\u201d<\/strong> means \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in relation to the holder of any income instrument, where \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an alternative method has not been applied, the amount by which the sum of the transfer price or redemption payment of such income instrument in relation to such holder and any payments received by such holder in terms of such income instrument during the accrual period in which such income instrument is transferred or redeemed, exceeds the sum of the adjusted initial amount in relation to such income instrument and the accrual amount in relation to such accrual period and any payments made by such holder in terms of such income instrument during such accrual period; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an alternate method has been applied, the amount by which the sum of the transfer price or redemption payment of such income instrument in relation to such holder and any payments received by such holder in terms of such income instrument during the period from acquisition until transfer or redemption of such income instrument by such holder, exceeds the sum of the initial amount and all amounts determined in accordance with such alternative method and any other payments made by such holder in terms of such income instrument during the period from acquisition until transfer or redemption of such income instrument by such holder; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in relation to the issuer of any instrument, where \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an alternative method has not been applied, the amount by which the sum of the adjusted initial amount in relation to such instrument and the accrual amount in relation to the accrual period during which such instrument is transferred or redeemed and any payments received by such issuer in terms of such instrument during the accrual period, exceeds the sum of the transfer price or redemption payment in relation to such instrument in relation to such issuer and any payments made by such issuer in terms of such instrument during such accrual period; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an alternative method has been applied, the amount by which the sum of the initial amount and all amounts determined in accordance with such alternative method and any other payments received by such issuer in terms of such instrument during the period from issue or acquisition until transfer or redemption of such instrument by such issuer, exceeds the sum of the transfer price or redemption payment in relation to such instrument in relation to such issuer and any payments made by such issuer in terms of such instrument during the period from issue or acquisition until transfer or redemption of such instrument by such issuer;<\/span><\/p>\n","post_title":"\"Adjusted gain on transfer or redemption of an instrument\" definition of section 24J of ITA","collection_order":634,"collection":597,"post_modified":"2019-02-13 21:25:14","post_date":"2015-10-15 12:14:33"},{"ID":"1140","post_content":"

\u201cadjusted initial amount\u201d<\/strong> means \u2013<\/em><\/p>\n

\u00a0\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in relation to the holder of an income instrument with regard to a particular accrual period, the sum of the initial amount and the accrual amounts in relation to all previous accrual periods and any other payments made by such holder during all such previous accrual periods less any payments received by such holder during all such previous accrual periods, in terms of such income instrument; or<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in relation to the issuer of an instrument with regard to a particular accrual period, the sum of the initial amount and the accrual amounts in relation to all previous accrual periods and any other payments received by such issuer during all such previous accrual periods less any payments made by such issuer during all such previous accrual periods, in terms of such instrument: Provided that where that instrument forms part of any transaction, operation or scheme \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any payments made by the issuer to any other person pursuant to that transaction, operation or scheme with a purpose or with the probable effect of making payment directly or indirectly to the holder or a connected person in relation to the holder, must be deducted for purposes of this paragraph; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case where any party to that transaction, operation or scheme is a connected person in relation to that issuer, any payments made by that connected person to any other person pursuant to that transaction, operation or scheme with a purpose or with the probable effect of making payment directly or indirectly to the holder or a connected person in relation to die holder, must be deducted for purposes of this paragraph;<\/span><\/p>\n","post_title":"\"Adjusted initial amount\" definition of section 24J of ITA","collection_order":635,"collection":597,"post_modified":"2019-02-13 21:25:09","post_date":"2015-10-15 12:14:33"},{"ID":"1142","post_content":"

\u201cadjusted loss on transfer or redemption of an instrument\u201d<\/strong> means \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in relation to the holder of any income instrument, where \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an alternative method has not been applied, the amount by which the sum of the adjusted initial amount in relation to such income instrument and the accrual amount in relation to the accrual period during which such income instrument is transferred or redeemed and any payments made by such holder in terms of such income instrument during such accrual period, exceeds the sum of the transfer price or redemption payment in relation to such income instrument in relation to such holder and any payments received by such holder in terms of such income instrument during such accrual period; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an alternative method has been applied, the amount by which the sum of the initial amount and all amounts determined in accordance with such alternative method and any other payments made by such holder in terms of such income instrument during the period from acquisition until transfer or redemption of such income instrument by such holder, exceeds the sum of the transfer price or redemption payment in relation to such income instrument in relation to such holder and any payments received by such holder in terms of such income instrument during the period from acquisition until transfer or redemption of such income instrument by such holder; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in relation to the issuer of any instrument, where \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an alternative method has not been applied, the amount by which the sum of the transfer price or redemption payment of such instrument in relation to such issuer and any payments made by such issuer in terms of such instrument during the accrual period during which such instrument is transferred or redeemed, exceeds the sum of the adjusted initial amount in relation to such instrument and the accrual amount in relation to such accrual period and any payments received by such issuer in terms of such instrument during such accrual period; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an alternative method has been applied, the amount by which the sum of the transfer price or redemption payment of such instrument in relation to such issuer and any payments made by such issuer in terms of such instrument during the period from issue or acquisition until transfer or redemption of such instrument by such issuer, exceeds the sum of the initial amount and all amounts determined in accordance with such alternative method and any other payments received by such issuer in terms of such instrument during the period from issue or acquisition until transfer or redemption of such instrument by such issuer;<\/span><\/p>\n","post_title":"\"Adjusted loss on transfer or redemption of an instrument\" definition of section 24J of ITA","collection_order":636,"collection":597,"post_modified":"2019-02-13 21:25:28","post_date":"2015-10-15 12:14:33"},{"ID":"1144","post_content":"

\u201calternative method\u201d<\/strong> means a method of calculating interest in relation to any class of instruments which-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is in accordance with IFRS;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is consistently applied in respect of all such instruments for all financial reporting purposes; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 method achieves a result in so far as the timing of the accrual and incurral of interest is concerned which produces substantially the same result achieved by the application of the provisions of subsections (2)(a) and (3)(a);<\/span><\/p>\n

[Definition of \u201calternative method\u201d substituted by section 43 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"\"Alternative method\" definition of section 24J of ITA","collection_order":637,"collection":597,"post_modified":"2019-06-19 11:10:14","post_date":"2015-04-15 14:02:42"},{"ID":"1146","post_content":"

\u201cdate of redemption\u201d<\/strong>, in relation to an instrument, means-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the terms of that instrument specify a date on which all liability to pay all amounts in terms of that instrument will be discharged; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the date so specified is not, in terms of the instrument, subject to change, whether as a result of any right, fixed or contingent, of the holder of that instrument or otherwise,<\/span><\/p>\n

\u00a0<\/p>\n

that date; or<\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the terms of that instrument do not specify a date as contemplated in paragraph (a)(i); or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that date, if so specified, is subject to change as contemplated in paragraph (a)(ii),<\/span><\/p>\n

\u00a0<\/p>\n

the date on which, on a balance of probabilities, all liability to pay all amounts in terms of that instrument is likely to be discharged;<\/p>\n","post_title":"\"Date of redemption\" definition of section 24J of ITA","collection_order":638,"collection":597,"post_modified":"2019-02-13 21:25:35","post_date":"2015-10-15 12:14:33"},{"ID":"1148","post_content":"

\u201cdeferred interest\u201d<\/strong> includes \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any interest where such interest (or any portion thereof), calculated in respect of any accrual period falling within the term of any instrument by applying a constant interest rate throughout the term of such instrument, is not payable or receivable in terms of such instrument within one year from the date of the commencement of such accrual period; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any interest payable or receivable in terms ol any instrument where such interest is not calculated by applying a constant interest rate throughout the term of such instrument;<\/span><\/p>\n","post_title":"\"Deferred interest\" definition of section 24J of ITA","collection_order":639,"collection":597,"post_modified":"2019-02-13 21:25:41","post_date":"2015-10-15 12:14:33"},{"ID":"1150","post_content":"

\u201cfixed rate instrument\u201d<\/strong> means an instrument in terms of which the amount or amounts payable or receivable is or are or consists of or consist of \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a specified amount or specified amounts;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an amount or amounts the method of calculation of which does not involve the application of a variable rate; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any combination of amounts referred to in paragraph (a) or (b);<\/span><\/p>\n","post_title":"\"Fixed rate instrument\" definition of section 24J of ITA","collection_order":640,"collection":597,"post_modified":"2019-02-13 21:25:48","post_date":"2015-10-15 12:14:33"},{"ID":"1152","post_content":"

\u201cholder\u201d<\/strong>, in relation to an income instrument \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 means any person who has become entitled to any interest or amount receivable in terms of such income instrument; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 at any particular time, means any person who, if any interest payable in terms of such income instrument was due and payable at that time, would be entitled to receive payment of such interest;<\/span><\/p>\n","post_title":"\"Holder\" definition of section 24J of ITA","collection_order":641,"collection":597,"post_modified":"2019-02-13 21:25:54","post_date":"2015-10-15 12:14:33"},{"ID":"1154","post_content":"

\u201cincome instrument\u201d<\/strong> means \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of any person other than a company, any instrument \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the term of which will, or is reasonably likely to, exceed one year; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 which is issued or acquired at a discount or premium or bears deferred interest; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of any company, any instrument;<\/span><\/p>\n","post_title":"\"Income instrument\" definition of section 24J of ITA","collection_order":642,"collection":597,"post_modified":"2019-02-13 21:26:03","post_date":"2015-10-15 12:14:33"},{"ID":"1156","post_content":"

\u201cinitial amount\u201d<\/strong> means the issue price or transfer price, as the case may be, in relation to an instrument;<\/p>\n","post_title":"\"Initial amount\" definition of section 24J of ITA","collection_order":643,"collection":597,"post_modified":"2019-02-13 21:26:12","post_date":"2015-10-15 12:14:33"},{"ID":"1158","post_content":"

\u201cinstrument\u201d<\/strong> means\u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any interest-bearing arrangement or debt;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any acquisition or disposal of any right to receive interest or the obligation to pay any interest, as the case may be, in terms of any other interest\u2013<\/em>bearing arrangement; or<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any repurchase agreement or resale agreement,<\/span><\/p>\n

<\/p>\n

which was \u2013<\/em><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 issued or deemed to have been issued after 15 March 1995;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 issued on or before 15 March 1995 and transferred on or after 19 July 1995; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 in so far as it relates to the holder thereof, issued on or before 15 March 1995 and was unredeemed on 14 March 1996 (excluding any arrangement contemplated in subparagraphs (i) and (ii)),<\/span><\/p>\n

<\/p>\n

but excluding any lease agreement (other than a sale and leaseback arrangement as contemplated in section 23G<\/a>) or any policy issued by an insurer as defined in section 29A<\/a>;<\/p>\n

[Words following subparagraph (iii) substituted by section 41 of Act 43 of 2014 effective on 1 Janaury 1996]<\/span><\/p>\n","post_title":"\"Instrument\" definition of section 24J of ITA","collection_order":644,"collection":597,"post_modified":"2019-02-13 21:26:20","post_date":"2015-10-15 12:14:33"},{"ID":"1160","post_content":"

\u201cinterest\u201d<\/strong> includes the \u2013<\/em><\/p>\n


<\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0gross amount of any interest or similar finance charges, discount or premium payable or receivable in terms of or in respect of a financial arrangement;<\/span><\/p>\n

[Paragraph (a) substituted by section 45 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 amount (or portion thereof) payable by a borrower to the lender in terms of any lending arrangement as represents compensation for any amount to which the lender would, but for such lending arrangement, have been entitled; and<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 absolute value of the difference between all amounts receivable and payable by a person in terms of a sale and leaseback arrangement as contemplated in section 23G<\/a> throughout the full term of such arrangement, to which such person is a party,<\/span><\/p>\n


<\/p>\n

irrespective of whether such amount is \u2013<\/em><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 calculated with reference to a fixed rate of interest or a variable rate of interest; or<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 payable or receivable as a lump sum or in unequal instalments during the term of the financial arrangement;<\/span><\/p>\n","post_title":"\"Interest\" definition of section 24J of ITA","collection_order":645,"collection":597,"post_modified":"2021-04-05 13:54:53","post_date":"2015-10-15 12:14:33"},{"ID":"1162","post_content":"

\u201cinterest rate agreement\u201d<\/strong> means an interest rate agreement as defined in section 24K<\/a>;<\/p>\n","post_title":"\"Interest rate agreement\" definition of section 24J of ITA","collection_order":646,"collection":597,"post_modified":"2019-02-13 21:26:32","post_date":"2015-10-15 12:14:33"},{"ID":"1164","post_content":"

\u201cissue\u201d<\/strong>, in relation to an instrument, means the creation of the liability to pay or the right to receive an amount or amounts in terms of such instrument;<\/p>\n","post_title":"\"Issue\" definition of section 24J of ITA","collection_order":647,"collection":597,"post_modified":"2019-02-13 21:26:37","post_date":"2015-10-15 12:14:33"},{"ID":"1166","post_content":"

\u201cissue price\u201d<\/strong>, in relation to an instrument, means the market value of the consideration given or received, as the case may be, for the issue of the instrument as determined on the date on which that instrument is issued;<\/p>\n","post_title":"\"Issue price\" definition of section 24J of ITA","collection_order":648,"collection":597,"post_modified":"2019-02-13 21:26:46","post_date":"2015-10-15 12:14:33"},{"ID":"1168","post_content":"

\u201cissuer\u201d<\/strong>, in relation to any instrument \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 means any person who has incurred any interest or has any obligation to repay any amount in terms of such instrument; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 at any particular time, means any person who, if any interest payable in terms of such instrument was due and payable at that time, would be liable to pay such interest;<\/span><\/p>\n","post_title":"\"Issuer\" definition of section 24J of ITA","collection_order":649,"collection":597,"post_modified":"2019-02-13 21:26:53","post_date":"2015-10-15 12:14:33"},{"ID":"1170","post_content":"

\u201clending arrangement\u201d<\/strong> means any arrangement or agreement in terms of which \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a person (in this section referred to as the lender) lends any instrument to another person (in this section referred to as the borrower); and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the borrower in return undertakes to return any instrument of the same kind and of the same or equivalent quantity and quality to the lender;<\/span><\/p>\n","post_title":"\"Lending arrangement\" definition of section 24J of ITA","collection_order":650,"collection":597,"post_modified":"2019-02-13 21:27:04","post_date":"2015-10-15 12:14:33"},{"ID":"1172","post_content":"

\u201credemption\u201d<\/strong>, in relation to an instrument, means the discharging of all liability to pay all amounts in terms of such instrument;<\/p>\n","post_title":"\"Redemption\" definition of section 24J of ITA","collection_order":651,"collection":597,"post_modified":"2019-02-13 21:27:12","post_date":"2015-10-15 12:14:33"},{"ID":"1174","post_content":"

\u201credemption payment\u201d<\/strong>, in relation to an instrument, means any payment made or received which has the effect of redeeming such instrument;<\/p>\n","post_title":"\"Redemption payment\" definition of section 24J of ITA","collection_order":652,"collection":597,"post_modified":"2019-02-13 21:27:19","post_date":"2015-10-15 12:14:33"},{"ID":"1176","post_content":"

\u201crepurchase agreement\u201d<\/strong> means the obtaining of money (which money shall for the purposes of this section be deemed to have been so obtained by way of a loan) through the disposal of an asset by any person to any other person subject to an agreement in terms of which such person undertakes to acquire from such other person at a future date the asset so disposed of or any other asset issued by the issuer of, and which has been so issued subject to the same conditions regarding term, interest rate and price as, the asset so disposed of;<\/p>\n","post_title":"\"Repurchase agreement\" definition of section 24J of ITA","collection_order":653,"collection":597,"post_modified":"2019-02-13 21:27:29","post_date":"2015-10-15 12:14:33"},{"ID":"1178","post_content":"

\u201cresale agreement\u201d<\/strong> means the provision of money (which money shall for the purposes of this section be deemed to have been so provided in the form of a loan) through the acquisition of an asset by any person from any other person subject to an agreement in terms of which such person undertakes to dispose of to such other person at a future date the asset so acquired or any other asset issued by the issuer of, and which has been so issued subject to the same conditions regarding term, interest rate and price as, the asset so acquired;<\/p>\n","post_title":"\"Resale agreement\" definition of section 24J of ITA","collection_order":654,"collection":597,"post_modified":"2019-02-13 21:27:42","post_date":"2015-10-15 12:14:33"},{"ID":"1180","post_content":"

\u201cshort selling\u201d<\/strong> means the sale of any instrument by a person who is not the owner of such instrument, and in respect of which such person has the obligation to deliver such instrument at a future date;<\/p>\n","post_title":"\"Short selling\" definition of section 24J of ITA","collection_order":655,"collection":597,"post_modified":"2019-02-13 21:27:52","post_date":"2015-10-15 12:14:33"},{"ID":"1182","post_content":"

\u2018term\u2019<\/strong>, in relation to an instrument, means the period commencing on the date of issue or transfer of that instrument and ending on the date of redemption of that instrument;<\/p>\n","post_title":"\"Term\" definition of section 24J of ITA","collection_order":656,"collection":597,"post_modified":"2019-02-13 21:27:58","post_date":"2015-10-15 12:14:32"},{"ID":"1184","post_content":"

\u201ctransfer\u201d<\/strong>, in relation to an instrument, includes \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the transfer, sale, assignment or disposal in any other manner of such instrument by the holder or issuer thereof, as the case may be; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the acquisition of such instrument by the holder or issuer thereof, as the case may be, by way of a transfer, sale, assignment or disposal in any other manner,<\/span><\/p>\n

\u00a0<\/p>\n

but does not include the redemption of such instrument;<\/p>\n","post_title":"\"Transfer\" definition of section 24J of ITA","collection_order":657,"collection":597,"post_modified":"2019-02-13 21:28:06","post_date":"2015-10-15 12:14:32"},{"ID":"1186","post_content":"

\u201ctransfer price\u201d<\/strong>, in relation to the transfer of an instrument, means the market value of the consideration payable or receivable, as the case may be, for the transfer of such instrument as determined on the date on which that instrument is transferred;<\/p>\n","post_title":"\"Transfer price\" definition of section 24J of ITA","collection_order":658,"collection":597,"post_modified":"2019-02-13 21:28:14","post_date":"2015-10-15 12:14:32"},{"ID":"1188","post_content":"

\u201cvariable rate\u201d<\/strong> means a rate determined with reference to an interest or indexation rate or other similar factor, being a rate or factor that varies or may vary during the term of the instrument;<\/p>\n","post_title":"\"Variable rate\" definition of section 24J of ITA","collection_order":659,"collection":597,"post_modified":"2019-02-13 21:28:21","post_date":"2015-10-15 12:14:32"},{"ID":"1190","post_content":"

\u201cvariable rate instrument\u201d<\/strong> means an instrument which is not a fixed rate instrument; and<\/p>\n","post_title":"\"Variable rate instrument\" definition of section 24J of ITA","collection_order":660,"collection":597,"post_modified":"2019-02-13 21:28:30","post_date":"2015-10-15 12:14:32"},{"ID":"1192","post_content":"

\u201cyield to maturity\u201d<\/strong> means the rate of compound interest per accrual period at which the present value of all amounts payable or receivable in terms of any instrument in relation to a holder or an issuer, as the case may be, of such instrument during the term of such instrument equals the initial amount in relation to such holder or issuer of such instrument: Provided that where \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such instrument is a variable rate instrument, such rate of compound interest shall be calculated with reference to the variable rate applicable on the date such rate of compound interest is to be calculated to determine all amounts payable or receivable after such date;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of a variable rate instrument the variable rate in relation to such instrument changes, the rate of compound interest shall be redetermined in relation to such variable rate instrument with reference to \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the appropriate adjusted initial amount in relation to such variable rate instrument determined before such change in the rate; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 such changed variable rate applicable on the date such rate of compound interest is to be redetermined to determine all amounts payable or receivable after such date;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any variation in the terms or conditions of such instrument takes place or any variation in any amount payable or receivable in terms of such instrument takes place which will result in a change in such rate of compound interest in relation to such instrument, the rate of compound interest shall be redetermined in relation to such instrument with reference to the appropriate adjusted initial amount in relation to such instrument determined before such variation;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 there is a variation or alteration \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 of the rights or interests of a holder in relation to an income instrument in respect of any amounts receivable in terms of such income instrument, the rate of compound interest in relation to such income instrument shall be redetermined in respect of such holder with reference to the appropriate adjusted initial amount in relation to such income instrument determined before such variation or alteration; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the obligations of an issuer in relation to an instrument in respect of any amounts payable in terms of such instrument, the rate of compound interest in relation to such instrument shall be redetermined in respect of such issuer with reference to the appropriate adjusted initial amount in relation to such instrument determined before such variation or alteration; or<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 in the case of an instrument of which the date of redemption is subject to change during a year of assessment, the rate of compound interest shall be redetermined in relation to such instrument with reference to-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the appropriate adjusted initial amount in relation to such instrument; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the changed date of redemption:<\/span><\/p>\n

\u00a0<\/p>\n

Provided further that where that instrument forms part of any transaction, operation or scheme \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any payments made by the issuer to any other person pursuant to that transaction, operation or scheme with a purpose or with the probable effect of making payment directly or indirectly to the holder or a connected person in relation to the holder; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case where any party to that transaction, operation or scheme is a connected person in relation to that issuer, any payments made by that connected person to any other person pursuant to that transaction, operation or scheme with a purpose or with the probable effect of making payment directly or indirectly to the holder or a connected person in relation to the holder,<\/span><\/p>\n

\u00a0<\/p>\n

must be taken into account as a reduction of amounts payable by that issuer for purposes of determining that rate of compound interest: Provided further that where the calculated rate of compound interest per accrual period results in a negative rate of interest, the rate of compound interest per accrual period must be treated to be zero.<\/p>\n","post_title":"\"Yield to maturity\" definition of section 24J of ITA","collection_order":661,"collection":597,"post_modified":"2019-02-13 21:28:36","post_date":"2015-10-15 12:14:32"},{"ID":"1194","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Where any person is the issuer in relation to an instrument during any year of assessment, such person shall for the purposes of this Act be deemed to have incurred an amount of interest during such year of assessment, which is equal to \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the sum of all accrual amounts in relation to all accrual periods falling, whether in whole or in part, within such year of assessment in respect of such instrument; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an amount determined in accordance with an alternative method in relation to such year of assessment in respect of such instrument,<\/span><\/p>\n

<\/p>\n

which must be deducted from the income of that person derived from carrying on any trade, if that amount is incurred in the production of the income.<\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where any person is the holder in relation to an income instrument during any year of assessment, there shall for the purposes of this Act be deemed to have accrued to that person and must be included in the gross income of that person during that year of assessment (whether or not that amount constitutes a receipt or accrual of a capital nature), an amount of interest which is equal to \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the sum of all accrual amounts in relation to all accrual periods falling, whether in part or in whole, within such year of assessment in respect of such income instrument; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an amount determined in accordance with an alternative method in relation to such year of assessment in respect of such income instrument.<\/span><\/p>\n

<\/p>\n

(3A)\u00a0 Where any person is the holder of an income instrument which is an instrument as contemplated in paragraph (iii) of the definition of \u201cinstrument\u201d, the amount by which the sum of all accrual amounts in relation to all accrual periods falling within the period from the date of acquisition (whether by way of issue or transfer, as the case may be) of such income instrument by such person until 13 March 1996, exceeds the sum of all interest received by or accrued to such person during such period had the provisions of this section not been applicable during such period in respect of such income instrument, shall for the purposes of this Act be deemed to have accrued to such person in the year of assessment during which such income instrument is transferred by such holder or redeemed (whichever is the earlier): Provided that the provisions of this subsection shall not apply in so far as any interest in relation to such income instrument was assessed to tax in the hands of such person under an assessment raised with a date of assessment before the date of promulgation of this Act.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Any \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 adjusted gain on transfer or redemption of an instrument calculated in relation to the transfer or redemption, as the case may be, of such instrument by a person during any year of assessment shall for the purposes of this Act be deemed to have accrued to such person in such year of assessment; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 adjusted loss on transfer or redemption of an instrument calculated in relation to the transfer or redemption, as the case may be, of such instrument by a person during any year of assessment, shall for the purposes of this Act be deemed to have been incurred by such person in such year of assessment.<\/span><\/p>\n

<\/p>\n

(4A)\u00a0 Where in the case of any \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 holder of an income instrument any adjusted loss on transfer or redemption of such income instrument which has been deemed to have been incurred by such holder in terms of subsection (4) (b) during any year of assessment, includes an amount in relation to such income instrument representing an \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 accrual amount; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 amount determined in accordance with an alternative method,<\/span><\/p>\n

<\/p>\n

which amount has been included in the income of the holder during such year of assessment or any previous year of assessment, such amount shall be allowed as a deduction from the income of such holder during such year of assessment; or<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 issuer of an instrument any adjusted gain on transfer or redemption which has been deemed to have been accrued to such issuer in terms of subsection (4) (a) during any year of assessment, includes an amount in relation to such instrument representing an \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 accrual amount; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 amount determined in accordance with an alternative method,<\/span><\/p>\n

<\/p>\n

which amount has been allowed as a deduction from the income of such issuer during such year of assessment or any previous year of assessment, to the extent that such amount is not taken into account in terms of section 19<\/a>, such amount shall be included in the income of such issuer during such year of assessment.<\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where any amount actually \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 paid by any person in terms of an instrument is to be taken into account in the determination of any accrual amount in relation to that instrument or any other amount determined in accordance with an alternative method in relation to that instrument which accrual amount or other amount is to be dealt with in terms of the provisions of subsection (2), no account shall for the purposes of section 11<\/a> be taken of any such amount so actually paid, save by way of the operation of such subsection; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 received by any person in terms of an income instrument is to be taken into account in the determination of any accrual amount in relation to that income instrument or any other amount determined in accordance with an alternative method in relation to that income instrument which accrual amount or other amount is to be dealt with in terms of the provisions of subsection (3), no account shall for the purposes of the definition of \u201cgross income\u201d in section 1<\/a> be taken of any such amount so actually received, save by way of the operation of such subsection.<\/span><\/p>\n

<\/p>\n

(5A)\u00a0 Any amount which has been deemed to have been incurred by or accrued to a person, as the case may be, in respect of an instrument in terms of the provisions of this section, shall for the purposes of this Act not be deducted from or included in, as the case may be, the income of such person more than once by reason of the application of this section.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Where the term of an instrument issued on or before 15 March 1995 is extended or the terms or conditions of such instrument are materially varied after the said date, such instrument shall be deemed to have been issued after the said date and the provisions of this section shall apply to both the issuer and the holder in relation to such instrument as from the date of such extension or material variation.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 Where there is more than one \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 holder in relation to an income instrument and any accrual amount in relation to an accrual period with regard to any one of the holders in relation to such income instrument is to be determined, such accrual amount shall be so determined without taking into account any consideration or any amount or amounts paid or payable or received or receivable by any other holder in terms of such income instrument; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 issuer in relation to an instrument and any accrual amount in relation to an accrual period with regard to any one of the issuers in relation to such instrument is to be determined, such accrual amount shall be so determined without taking into account any consideration or any amount or amounts paid or payable or received or receivable by any other issuer in terms of such instrument.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 Where in relation to an instrument any person is entitled to any interest in terms of such instrument and also liable to pay any interest in terms of such instrument, such person shall for the purposes of this section \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the interest which he is entitled to receive in terms of such instrument exceeds the interest which he is liable to pay in terms of such instrument, be deemed not to be an issuer in relation to such instrument; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the interest which he is liable to pay in terms of such instrument exceeds the interest which he is entitled to receive in terms of such instrument, be deemed not to be a holder in relation to such instrument.<\/span><\/p>\n

<\/p>\n

(9)<\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 Any company whose business comprises the dealing in instruments (including the short selling of instruments), interest rate agreements or option contracts may elect that the provisions of subsections (2) to (8), inclusive, section 24K<\/a> and section 24L<\/a> shall not apply to all such instruments, interest rate agreements or option contracts in respect of which it so deals in.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Any election referred to in paragraph (a) shall \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 be made in writing;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 be accompanied by a statement setting forth full details of the methodology to be applied by the company to determine the market value as contemplated in paragraph (c) in relation to all instruments, interest rate agreements or option contracts contemplated in paragraph (a);<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 not take effect unless the Commissioner has, subject to such conditions as he may deem necessary, approved \u2013<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 the methodology to be applied by such company to determine the market value as contemplated in paragraph (c) in respect of such instruments, interest rate agreements or option contracts; and<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 the manner in which such market value in relation to such instruments, interest rate agreements or option contracts is to be taken into account in the determination of the taxable income of such company during any year of assessment; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 subject to the provisions of paragraphs (e) and (f), be binding upon such company in respect of all such instruments, interest rate agreements and option contracts during the year of assessment in which it took effect and every succeeding year of assessment.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The market value in relation to all instruments, interest rate agreements and option contracts contemplated in paragraph (a) of a company which made an election as contemplated in such paragraph shall be determined in accordance with commercially accepted practice which is applied by such company consistently in respect of all such instruments, interest rate agreements and option contracts for financial reporting purposes to its shareholders.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 Any instrument, interest rate agreement or option contract contemplated in paragraph (a) which as a result of an election made in terms of such paragraph is to be dealt with on a market value basis as contemplated in the aforegoing provisions of this subsection shall (subject to the provisions of paragraphs (e) and (f)) be so dealt with until the date of redemption or transfer of such instrument, interest rate agreement or option contract.<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 Where the Commissioner is satisfied that the approval granted by him in terms of paragraph (b) (iii) was obtained by fraud or in consequence of any misrepresentation or failure to disclose any material fact by the company which made the election in terms of paragraph (a), he shall, if he is satisfied that in the light of the full facts the approval should not have been granted, withdraw such approval as from the date such approval was granted by him.<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 Where any company during any year of assessment no longer complies with the provisions of this subsection \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the approval granted by the Commissioner in terms of paragraph (b) (iii) shall be deemed to have been withdrawn by the Commissioner as from such year of assessment; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an appropriate adjustment shall be made to the taxable income of such company during such year of assessment in relation to all instruments, interest rate agreements or option contracts contemplated in paragraph (a) of the company held and not disposed of or not redeemed by it, as the case may be, as at the end of such year of assessment, having regard to all interest or amounts which would have been deemed to have been incurred by or accrued to such company had the provisions of this subsection not been applicable during all years of assessment before such year of assessment and all amounts which have been included in or deducted from the income of such company during such years of assessment: Provided that the provisions of this paragraph shall not have the effect that an amount be included in or deducted from the income of such company more than once.<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 This subsection shall not apply-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in respect of a company that is a covered person as defined in section 24JB<\/a>, during any year of assessment ending on or after 1 January 2014; and<\/span><\/p>\n

[Subparagraph (i) substituted by section 41 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in respect of any other company, during any year of assessment commencing on or after 1 April 2014.<\/span><\/p>\n

<\/p>\n

(9A)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Any company that made an election contemplated in subsection (9) and in respect of which the Commissioner granted an approval as contemplated in that subsection is deemed to have-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 disposed of all instruments, interest rate agreements or option contracts contemplated in subsection (9); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 reacquired the instruments, interest rate agreements or option contracts,<\/span><\/p>\n

<\/p>\n

held and not disposed of at the end of the year of assessment for an amount equal to the market value, as contemplated in subsection (9)(c), on the last day of that year of assessment.<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Paragraph (a) applies-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of a company that is a covered person as defined in section 24JB<\/a>, in respect of the year of assessment of that covered person immediately preceding the year of assessment ending on or after 1 January 2014; and<\/span><\/p>\n

[Subparagraph (i) substituted by section 41 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of any other company, in respect of the year of assessment of the company immediately preceding the year of assessment commencing on or after 1 April 2014.<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0 Any reference in this section to any payment made or an amount paid or payable, consideration given or received or any payment received or an amount received or receivable, as the case may be, shall be construed as including a payment or an amount or consideration otherwise than in cash.<\/span><\/p>\n

<\/p>\n

(11) \u00a0 \u00a0\u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(12)\u00a0\u00a0\u00a0\u00a0 This section must not apply to an instrument if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the holder of that instrument has, throughout any period during a year of assessment during which that holder holds that instrument, a right to require the redemption of that instrument at any time during that period; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that instrument does not provide for the payment of any deferred interest.<\/span><\/p>\n","post_title":"Subsections 2, 3, 3A, 4, 4A, 5, 5A, 6, 7, 8, 9, 9A, 10 and 12 of section 24J of ITA","collection_order":662,"collection":597,"post_modified":"2019-02-13 21:28:44","post_date":"2015-10-15 12:14:32"},{"ID":"1196","post_content":"

24JA. \u00a0 \u00a0Sharia compliant financing arrangements<\/span><\/strong><\/p>\n","post_title":"Section 24JA (ITA) - Sharia compliant financing arrangements","collection_order":663,"collection":597,"post_modified":"2019-02-13 21:28:54","post_date":"2015-10-15 12:14:32"},{"ID":"1198","post_content":"

\u00a0(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section- \u2018bank\u2019<\/strong> means any-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 bank as defined in section 1 of the Banks Act;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 mutual bank as defined in section 1 of the Mutual Banks Act, 1993 (Act No. 124 of 1993); or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 co-operative bank as defined in section 1 of the Co-operative Banks Act, 2007 (Act No. 40 of 2007);<\/span><\/p>\n","post_title":"\"Bank\" definition of section 24JA of ITA","collection_order":664,"collection":597,"post_modified":"2019-02-13 21:29:00","post_date":"2015-10-15 12:14:32"},{"ID":"1200","post_content":"

\u2018diminishing musharaka\u2019<\/strong> means a sharia arrangement between a bank and a client of that bank whereby-<\/p>\n

\u00a0<\/p>\n

(a)<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the bank and the client jointly acquire an asset from a third party (the seller); or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the bank acquires an interest in an asset from the client;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the client will acquire the bank s interest in the asset after the acquisition of the asset by the bank as contemplated in paragraph (a); and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the amount of consideration payable by the client to the bank for the acquisition of the interest of the bank in the asset will be paid over a period of time as agreed between the client and the bank;<\/span><\/p>\n","post_title":"\"Diminishing musharaka\" definition of section 24JA of ITA","collection_order":665,"collection":597,"post_modified":"2019-02-13 21:29:08","post_date":"2015-10-15 12:14:32"},{"ID":"10772","post_content":"

\u2018listed company\u2019<\/strong> means a listed company as contemplated in paragraph (a) of the definition of \u201clisted company\u201d in section 1<\/a>(1);<\/p>\n

[Definition of \u201clisted company\u201d inserted by section 45 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"\"Listed company\" definition of section 24JA of ITA","collection_order":666,"collection":597,"post_modified":"2019-02-04 22:15:01","post_date":"2017-06-08 13:17:02"},{"ID":"1202","post_content":"

\u2018mudaraba\u2019<\/strong> means a sharia arrangement between a bank and a client of that bank whereby-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 funds are deposited with the bank by the client;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the anticipated return in respect of the sharia arrangement is dependent on the amount deposited by the client in combination with the duration of the period for which the funds are deposited;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the bank invests the funds deposited by the client in other sharia arrangements;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the client bears the risk of the loss in respect of the sharia arrangements contemplated in paragraph (c); and<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the return in respect of the sharia arrangements contemplated in paragraph (c) is divided between the client and the bank as agreed at the time that the client deposits the funds with the bank;<\/span><\/p>\n","post_title":"\"Mudaraba\" definition of section 24JA of ITA","collection_order":667,"collection":597,"post_modified":"2019-02-13 21:29:14","post_date":"2015-10-15 12:14:32"},{"ID":"1204","post_content":"

\u2018murabaha\u2019<\/strong> means a sharia arrangement between a financier and a client of that financier, one of which is a bank or listed company whereby-<\/p>\n

[Words preceding paragraph (a) substituted by section 45 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the financier will acquire an asset from a third party (the seller) for the benefit of the client on such terms and conditions as are agreed upon between the client and the seller;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the client-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 will acquire the asset from the financier within 180 days after the acquisition of the asset by the financier contemplated in paragraph (a); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 agrees to pay to the financier a total amount that-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0exceeds the amount payable by the financier to the seller as consideration to acquire the asset;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 is calculated with reference to the consideration payable by the financier to the seller in combination with the duration of the sharia arrangement; and<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 may not exceed the amount agreed upon between the financier and the client when the sharia arrangement is entered into; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 no amount is received by or accrues to the financier in respect of that asset other than an amount contemplated in paragraph (b)(ii);<\/span><\/p>\n","post_title":"\"Murabaha\" definition of section 24JA of ITA","collection_order":668,"collection":597,"post_modified":"2019-02-13 21:29:19","post_date":"2015-10-15 12:14:32"},{"ID":"1206","post_content":"

\u2018sharia arrangement\u2019<\/strong> means an arrangement that is-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 open for participation by members of the general public; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 presented as compliant with sharia law when the members of the general public are invited to participate therein.<\/span><\/p>\n","post_title":"\"Sharia arrangement\" definition of section 24JA of ITA","collection_order":669,"collection":597,"post_modified":"2019-02-13 21:29:26","post_date":"2015-10-15 12:14:32"},{"ID":"1208","post_content":"

\u201csukuk\u201d<\/strong> means a sharia arrangement whereby-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the government of the Republic, any public entity that is listed in Schedule 2 to the Public Finance Management Act or a listed company disposes of an interest in an asset to a trust; and<\/span><\/p>\n

[Paragraph (a) substituted by section 42 of Act 43 of 2014 and section 45 of Act 25 of 2015 effective on1 January 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the disposal of the interest in the asset to the trust by the government, the public entity or the listed company contemplated in paragraph (a) is subject to an agreement in terms of which the government, that public entity or that listed company undertakes to reacquire on a future date from that trust the interest in the asset disposed of at a cost equal to the cost paid by the trust to the government, to that public entity or to that listed company to obtain the asset.<\/span><\/p>\n

[Paragraph (b) substituted by section 42 of Act 43 of 2014 and section 45 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"\"Sukuk\" definition of section 24JA of ITA","collection_order":670,"collection":597,"post_modified":"2019-02-13 21:29:31","post_date":"2015-10-15 12:14:32"},{"ID":"1210","post_content":"

(2) \u00a0 \u00a0 Any amount received by or accrued to a client in terms of a mudaraba is deemed to be interest as contemplated in paragraph (a) of the definition of \u2018interest\u2019 in section 24J<\/a>(1).<\/span><\/p>\n

[Subsection (2) substituted by section 54 of Act 24 of 2011 and section 45 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 Where any murabaha is entered into between a financier and a client of that financier as contemplated in paragraph (a) of the definition of \u2018murabaha\u2019-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the financier is deemed not to have acquired or disposed of the asset under the sharia arrangement;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the client is deemed to have acquired the asset from the seller-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 for consideration equal to the amount paid by the financier to the seller; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 at such time as the financier acquired the asset from the seller by virtue of the transaction between the seller and the financier;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the murabaha is deemed to be an instrument for the purposes of section 24J<\/a>;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the difference between the amount of consideration paid for the asset by the financier to the seller and the consideration payable to the financier by the client to acquire the asset as contemplated in paragraph (b)(ii) of the definition of \u201cmurabaha\u201d is deemed to be a premium payable or receivable contemplated in paragraph (a) of the definition of \u2018interest\u2019 in section 24J<\/a>(1); and<\/span><\/p>\n

[Paragraph (d) substituted by section 55 of Act 22 of 2012 and section 45 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the amount of consideration paid by the financier to acquire the asset as contemplated in paragraph (a) of the definition of \u2018murabaha is deemed to be an issue price for the purposes of section 24J.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of determining the tax on income of the client in respect of a diminishing musharaka-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the bank and the client jointly acquire an asset, the client is deemed to have acquired the bank s interest in the asset-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 for an amount equal to the amount paid by the bank in respect of its interest in the asset; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 at the time that the seller of the asset was divested of its interest in the asset by virtue of the transaction between the seller and the bank; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the bank acquires an interest in an asset from the client, the client is deemed not to have disposed of the interest in the asset or to have acquired that interest from the bank.<\/span><\/p>\n

<\/p>\n

(6)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 For the purposes of subsection (5), where an instalment is paid by the client to the bank, a portion of that instalment, the amount of which must be determined in accordance with paragraph (b), is deemed to be interest as defined in section 24J<\/a>(1).<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The amount contemplated in paragraph (a) must be determined in accordance with the formula-<\/span><\/p>\n

<\/p>\n

X = A \u2013 B<\/p>\n

<\/p>\n

in which formula-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2018X\u2019 represents the amount to be determined;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 \u2018A\u2019 represents the total amount of the instalment payable by the client to the bank;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 \u2018B\u2019 represents the expenditure incurred by the bank to acquire the portion of the interest in the asset transferred to the client in exchange for the instalment payable by the client to the bank.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Where any sukuk is entered into-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the trust is deemed not to have acquired the asset from the government of the Republic, the public entity that is listed in Schedule 2 to the Public Finance Management Act or the listed company under the sharia arrangement;<\/span><\/p>\n

[Paragraph (a) substituted by section 45 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the government, that public entity or that listed company is deemed not to have disposed of or reacquired the asset; and<\/span><\/p>\n

[Paragraph (b) substituted by section 45 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any consideration paid by the government, that public entity or that listed company in respect of the use of the asset held by the trust is deemed to be interest as contemplated in paragraph (a) of the definition of \u2018interest\u2019 in section 24J<\/a>(1).<\/span><\/p>\n

[Paragraph (c) substituted by section 45 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

[Subsection (7) added by section 54 of Act 24 of 2011 and substituted by section 42 of Act 43 of 2014 effective on 1 April 2015]<\/span><\/p>\n","post_title":"Subsections 2, 3, 5, 6 and 7 of section 24JA of ITA","collection_order":671,"collection":597,"post_modified":"2021-04-01 09:25:38","post_date":"2015-10-15 12:14:32"},{"ID":"1212","post_content":"

24JB. Taxation in respect of financial assets and liabilities of certain persons<\/span><\/strong><\/p>\n

[Heading of section 24JB substituted by section 43 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n","post_title":"Section 24JB (ITA) - Taxation in respect of financial assets and liabilities of certain persons","collection_order":672,"collection":597,"post_modified":"2019-02-13 21:29:50","post_date":"2015-10-15 12:14:32"},{"ID":"1214","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/strong><\/p>\n

\u2018covered person\u2019<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any authorised user as defined in\u00a0section 1\u00a0of the Financial Markets Act that is a company, other than any company of which the principal trading activities constitute the activities of a treasury operation;<\/span><\/p>\n

[Paragraph (a) substituted by section 46 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the South African Reserve Bank;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 bank;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 branch;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 branch of a bank; or<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 controlling company,<\/span><\/p>\n

<\/p>\n

as defined in section 1 of the Banks Act;<\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any company or trust that forms part of a banking group as defined in section 1 of the Banks Act, excluding-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a company that is a long-term insurer as defined in section 1 of the Long-term Insurance Act;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 a company that is a short-term insurer as defined in section 1 of the Short-term Insurance Act;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 a company of which more than 50 per cent of the shares are directly or indirectly held by a company contemplated in subparagraph (i) or (ii) if that company does not form part of the same group of companies as a bank;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 any subsidiary, as defined in section 1 of the Companies Act, of a company contemplated in subparagraph (i) or (ii);<\/span><\/p>\n

[Subparagraph (iv) added by section 44 of Act 17 of 2017 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Covered person\" definition of section 24JB of ITA","collection_order":673,"collection":597,"post_modified":"2019-06-19 11:10:35","post_date":"2015-10-15 12:14:32"},{"ID":"1216","post_content":"

\u201cderivative\u201d<\/strong> means a derivative as defined in and within the scope of IFRS 9;<\/p>\n

[Definition of \u201cderivative\u201d substituted by section 44 of Act 17 of 2017 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Derivative\" definition of section 24JB of ITA","collection_order":674,"collection":597,"post_modified":"2019-06-19 11:10:41","post_date":"2015-10-15 12:14:32"},{"ID":"1218","post_content":"

\u2018financial asset\u2019<\/strong> means-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a financial asset defined in and within the scope of International Accounting Standard 32 of IFRS or any other International Accounting Standard that replaces International Accounting Standard 32; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a commodity taken into account in terms of IFRS at fair value less cost to sell in profit or loss in the statement of comprehensive income;<\/span><\/p>\n","post_title":"\"Financial asset\" definition of section 24JB of ITA","collection_order":675,"collection":597,"post_modified":"2019-02-13 21:30:11","post_date":"2015-10-15 12:14:32"},{"ID":"1220","post_content":"

\u2018financial instrument\u2019\u2026\u2026\u2026.<\/strong><\/p>\n

[Definition of \u201cfinancial instrument\u201d deleted by section 43 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n","post_title":"\"Financial instrument\" definition of section 24JB of ITA","collection_order":676,"collection":597,"post_modified":"2019-02-13 21:30:22","post_date":"2015-10-15 12:14:32"},{"ID":"1222","post_content":"

\u2018financial liability\u2019<\/strong> means a financial liability defined in and within the scope of International Accounting Standard 32 of IFRS or any International Accounting Standard that replaces International Accounting Standard 32;<\/p>\n","post_title":"\"Financial liability\" definition of section 24JB of ITA","collection_order":677,"collection":597,"post_modified":"2019-02-13 21:30:33","post_date":"2015-10-15 12:14:32"},{"ID":"1224","post_content":"

\u2018financial reporting value\u2019<\/strong>, in relation to a financial asset or a financial liability, means the value, as determined for the purposes of financial reporting pursuant to IFRS, of that financial asset or financial liability;<\/p>\n","post_title":"\"Financial reporting value\" definition of section 24JB of ITA","collection_order":678,"collection":597,"post_modified":"2019-02-09 22:39:39","post_date":"2015-04-15 17:37:54"},{"ID":"1226","post_content":"

\u2018post-realisation years\u2019<\/strong>, in relation to a covered person, means-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the year of assessment immediately succeeding the realisation year;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the year of assessment immediately succeeding the year of assessment contemplated in paragraph (a);and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the year of assessment immediately succeeding the year of assessment contemplated in paragraph (b);<\/span><\/p>\n","post_title":"\"Post-realisation years\" definition of section 24JB of ITA","collection_order":679,"collection":597,"post_modified":"2019-02-13 21:30:40","post_date":"2015-10-15 12:14:32"},{"ID":"1228","post_content":"

\u2018realisation year\u2019<\/strong>, in relation to a person, means-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where that person is a covered person, the year of assessment of that person immediately preceding the year of assessment ending on or after 1 January 2014; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where that person becomes a covered person during any year of assessment ending after 1 January 2014, the year of assessment of that person that precedes the first year of assessment of that person in which that person becomes a covered person;<\/span><\/p>\n","post_title":"\"Realisation year\" definition of section 24JB of ITA","collection_order":680,"collection":597,"post_modified":"2019-02-13 21:30:48","post_date":"2015-10-15 12:14:32"},{"ID":"1230","post_content":"

\u2018tax base\u2019<\/strong> means tax base as defined in International Accounting Standard 12 of IFRS or any International Accounting Standard replacing International Accounting Standard 12.<\/p>\n","post_title":"\"Tax base\" definition of section 24JB of ITA","collection_order":681,"collection":597,"post_modified":"2019-02-13 21:31:53","post_date":"2015-10-15 12:14:32"},{"ID":"1232","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to sections 8F<\/a>, 8FA<\/a> and subsection (4), there must be included in or deducted from the income, as the case may be, of any covered person for any year of assessment all amounts in respect of financial assets and financial liabilities of that covered person that are recognised in profit or loss in the statement of comprehensive income in respect of financial assets and financial liabilities of that covered person that are measured at fair value in profit or loss in terms of IFRS 9 or, in the case of commodities, at fair value less cost to sell in profit or loss in terms of IFRS for that year of assessment, excluding any amount in respect of-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 44 of Act 17 of 2017 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a financial asset that is-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a share;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an endowment policy;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 an interest held in a portfolio of a collective investment scheme;<\/span><\/p>\n

[Subparagraph (iii) amended by section 43 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 an interest in a trust; or<\/span><\/p>\n

[Subparagraph (iv) amended by section 43 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 an interest in a partnership,<\/span><\/p>\n

[Subparagraph (v) added by section 43 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

if that financial asset does not constitute trading stock; or<\/p>\n

[Words following subparagraph (v) substituted by section 44 of Act 17 of 2017 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a dividend or foreign dividend received by or accrued to a covered person; or<\/span><\/p>\n

[Paragraph (b)\u00a0amended by\u00a0section 27(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable to dividends declared on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a dividend distributed.<\/span><\/p>\n

[Paragraph (c)\u00a0added by\u00a0section 27(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable to dividends declared on or after that date]<\/span><\/p>\n

[Subsection\u00a0(2)\u00a0amended by\u00a0section 44(1)(c)\u00a0of\u00a0Act 17 of 2017\u00a0effective on 1\u00a0January, 2018 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(2A)\u00a0\u00a0\u00a0A covered person must include in or deduct from income for a year of assessment a realised gain or a realised loss that is recognised in a statement of other comprehensive income as contemplated in IFRS 9 if that realised gain or realised loss is attributable to a change in the credit risk of the financial liability as contemplated in IFRS 9 and that instrument was issued in any year of assessment commencing on or after 1 January 2018.<\/span><\/p>\n

[Subsection (2A) inserted by section 44 of Act 17 of 2017 and substituted by section 44 of Act 23 of 2018 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(2B)\u00a0\u00a0 Where a covered person has, during any year of assessment preceding the year of assessment commencing on or after 1 January 2018, included in or deducted from income any amount attributable to a change in the credit risk of a financial liability issued by that covered person measured at fair value through profit or loss in terms of subsection (2), such covered person must include in or deduct from income, as the case may be, any amount in respect of a change in credit risk of that financial liability recognised in other comprehensive income during any year of assessment commencing on or after 1 January 2018.<\/span><\/p>\n

[Subsection (2B) inserted by section 44 of Act 17 of 2017 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 Any amount required to be taken into account in determining the taxable income in terms of any provision of Part I of Chapter II, or in determining any assessed capital loss of a covered person in respect of a financial asset or a financial liability contemplated in subsection (2) must only be taken into account in terms of this section.<\/span><\/p>\n

[Subsection (3) substituted by section 43 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 Subsection (2) does not apply to any amount in respect of a financial asset or a financial liability of a covered person where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a covered person and another person that is not a covered person, are parties to an agreement in respect of a financial asset or financial liability; and<\/span><\/p>\n

[Paragraph (a) substituted by section 43 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the agreement contemplated in paragraph (a) was entered into solely or mainly for the purpose of a reduction, postponement or avoidance of liability for tax, which, but for that agreement, would have been or would become payable by the covered person.<\/span><\/p>\n

<\/p>\n

(5) \u00a0 \u00a0 In addition to any amount included in or deducted from the income of any person in terms of subsection (2), there must be included in or deducted from the income, as the case may be, of any person for the post-realisation years of that person an amount determined in terms of subsection (6).<\/span><\/p>\n

<\/p>\n

(6) \u00a0 \u00a0 For the purposes of subsection (5)-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the financial reporting values of all financial assets of a nature as described in subsection (2) held by that person as at the end of the realisation year of that person exceed the tax base amount attributed to those financial assets as at the end of the realisation year of that person; or<\/span><\/p>\n

[Subparagraph (i) substituted by section 43 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the tax base amount attributed to all financial liabilities of a nature as described in subsection (2) held by that person as at the end of the realisation year of that person exceeds the financial reporting values of those financial liabilities as at the end of the realisation year of that person,<\/span><\/p>\n

[Subparagraph (ii) substituted by section 43 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

one-third of the excess must be included in the income of that person;<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the tax base amount attributed to all financial assets of a nature as described in subsection (2) held by that person as at the end of the realisation year of that person exceeds the financial reporting values of those financial assets as at the end of the realisation year of that person; or<\/span><\/p>\n

[Subparagraph (i) substituted by section 43 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the financial reporting values of all financial liabilities of a nature as described in subsection (2) held by that person as at the end of the realisation year of that person exceed the tax base amount attributed to those financial liabilities as at the end of the realisation year of that person,<\/span><\/p>\n

[Subparagraph (ii) substituted by section 43 of Act 43 of 2014 effective on 1 January 2014]<\/span><\/p>\n

<\/p>\n

one-third of the excess must be deducted from the income of that person.<\/p>\n

<\/p>\n

(7) \u00a0 \u00a0 If a person ceases to be a covered person before the expiry of the post-realisation years of that person, the amounts determined in terms of subsection (6) which have not been included in or deducted from, as the case may be, the income of that person, must be included in or deducted from the income of that person in the year of assessment that it ceases to be a covered person.<\/span><\/p>\n

<\/p>\n

(8) \u00a0 \u00a0 Where a person ceases to be a covered person, that person is deemed to have-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 disposed of its financial assets and redeemed its financial liabilities that were subject to tax in terms of subsection (2); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 immediately reacquired those financial assets and incurred those financial liabilities,<\/span><\/p>\n

<\/p>\n

at an amount equal to the market value of those financial assets on the last day of the year of assessment of that person before that person ceased to be a covered person.<\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0\u00a0Where a financial asset held by or financial liability owed by a covered person at the end of the year of assessment immediately preceding the year of assessment commencing on or after 1 January 2018 would have ceased to be subject to tax or would have become subject to tax in terms of subsection (2), had IFRS 9 applied on the last day of that immediately preceding year of assessment, that covered person is deemed to have-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 disposed of that financial asset or redeemed that financial liability; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 immediately reacquired that financial asset or incurred that financial liability,<\/span><\/p>\n

<\/p>\n

for an amount equal to the market value of that financial asset or financial liability on that day.<\/p>\n

[Subsection (9) inserted by section 44 of Act 17 of 2017 effective on 1 January 2018 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5, 6, 7 and 8 of section 24JB of ITA","collection_order":682,"collection":597,"post_modified":"2022-02-05 20:36:50","post_date":"2015-10-15 12:14:32"},{"ID":"1234","post_content":"

24K.\u00a0\u00a0\u00a0 Incurral and accrual of amounts in respect of interest rate agreements<\/span><\/strong><\/p>\n","post_title":"Section 24K (ITA) - Incurral and accrual of amounts in respect of interest rate agreements","collection_order":683,"collection":597,"post_modified":"2019-02-13 21:32:21","post_date":"2015-10-15 12:14:32"},{"ID":"1236","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u201cinterest rate agreement\u201d<\/strong> means any agreement in terms of which any person \u2013<\/em><\/span><\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 acquires the right to receive \u2013<\/em><\/span><\/em><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an amount calculated by applying any rate of interest to a notional principal amount specified or referred to in such agreement; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an amount calculated with reference to the difference between any combination of rates of interest applied to a notional principal amount specified or referred to in such agreement; or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 a fixed amount specified or referred to in such agreement as consideration in terms of such agreement whereunder the obligation is imposed to pay any other amount as contemplated in paragraph (b) (i) in terms of such agreement or an amount equal to the difference between such fixed amount and such other amount; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 becomes liable to pay \u2013<\/em><\/span><\/em><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an amount calculated by applying any rate of interest to a notional principal amount specified or referred to in such agreement; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an amount calculated with reference to the difference between any combination of rates of interest applied to a notional principal amount specified or referred to in such agreement; or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 a fixed amount specified or referred to in such agreement as consideration in terms of such agreement whereunder the right is acquired to receive any other amount as contemplated in paragraph (a) (i) in terms of such agreement or an amount equal to the difference between such fixed amount and such other amount.<\/span><\/p>\n","post_title":"\"Interest rate agreement\" definition of section 24K of ITA","collection_order":684,"collection":597,"post_modified":"2019-02-13 21:32:28","post_date":"2015-10-15 12:14:32"},{"ID":"1238","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Any amount contemplated in the definition of \u201cinterest rate agreement\u201d in subsection (1) shall for the purposes of this Act be deemed to have been incurred by or accrued to, as the case may be, a person contemplated in such definition on a day to day basis during the period in respect of which it is calculated.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where any amount contemplated in subsection (2) is to be calculated with reference to a variable rate for the purposes of such subsection, such amount shall be calculated with reference to the variable rate applicable on the date such amount is to be calculated to determine all amounts payable or receivable after such date.<\/span><\/p>\n","post_title":"Subsections 2 and 3 of section 24K of ITA","collection_order":685,"collection":597,"post_modified":"2019-02-13 21:32:33","post_date":"2015-10-15 12:14:32"},{"ID":"1240","post_content":"

24L.\u00a0\u00a0\u00a0\u00a0 Incurral and accrual of amounts in respect of option contracts<\/span><\/strong><\/p>\n","post_title":"Section 24L (ITA) - Incurral and accrual of amounts in respect of option contracts","collection_order":686,"collection":597,"post_modified":"2019-02-13 21:32:45","post_date":"2015-10-15 12:14:32"},{"ID":"1242","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n

\u00a0\u00a0<\/p>\n

\u201cintrinsic value\u201d<\/strong>, in relation to an option contract, means an amount equal to the difference between the market price or value of an asset, index, currency, rate of interest or any other factor, as provided for in the option contract, on the date of acquisition of the option contract and the pre\u2013<\/em>arranged price or value provided for in the option contract; and<\/p>\n","post_title":"\"Intrinsic value\" definition of section 24L of ITA","collection_order":687,"collection":597,"post_modified":"2019-02-13 21:32:52","post_date":"2015-10-15 12:14:32"},{"ID":"1244","post_content":"

\u201coption contract\u201d<\/strong> means an agreement the effect of which is that any person acquires the option (excluding a foreign currency option contract as defined in section 24I<\/a>(1)) \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to buy from or to sell to another person a certain quantity of corporeal or incorporeal things before or on a future date at a pre\u2013<\/em>arranged price; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that an amount of money will be paid to or received from another person before or on a future date depending on whether the value or price of an asset, index, currency, rate of interest or any other factor is higher or lower before or on that future date than a pre\u2013<\/em>arranged value or price.<\/span><\/p>\n","post_title":"\"Option contract\" definition of section 24L of ITA","collection_order":688,"collection":597,"post_modified":"2019-02-13 21:33:07","post_date":"2015-10-15 12:14:32"},{"ID":"1246","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 The amount of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any premium or like consideration paid or payable by a person in terms of an option contract; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any consideration paid or payable by a person in respect of the acquisition of an option contract by such person,<\/span><\/p>\n

<\/p>\n

shall for purposes of this Act be deemed to have been incurred by such person on a day to day basis during the term of such option contract: Provided that \u2013<\/em><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where such option contract is exercised, terminated or is disposed of, the portion of the amount attributable to the period from the date of exercise, termination or disposal until the end of the original term of the option contract shall be deemed to have been incurred by such person on the date of exercise, termination or disposal of the option contract;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the provisions of this section shall not be applied to an option contract held by a person as trading stock;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 where such amount includes an amount representing the intrinsic value in relation to an option contract, so much of such amount so representing the intrinsic value shall for the purposes of this Act be deemed to have been incurred by such person on the date of exercise, termination or disposal of the option contract.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The amount of any premium or like consideration received or receivable by a person in terms of an option contract, other than an amount of a capital nature, shall for the purposes of this Act be deemed to have accrued to such person on a day to day basis during the term of such option contract: Provided that where such option contract is exercised, terminated or disposed of, the portion of the amount attributable to the period from the date of exercise, termination or disposal of such option contract until the end of the original term of the option contract shall be deemed to have accrued to such person on the date of exercise, termination or disposal of the option contract.<\/span><\/p>\n

[Words preceding the proviso substituted by section 45 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Subsections 2 and 3 of section 24L of ITA","collection_order":689,"collection":597,"post_modified":"2020-05-27 19:40:39","post_date":"2015-10-15 12:14:32"},{"ID":"1248","post_content":"

24M. Incurral and accrual of amounts in respect of assets acquired or disposed of for unquantified amount<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 If a person during any year of assessment disposes of an asset for consideration which consists of or includes an amount which cannot be quantified in that year of assessment, so much of that consideration as \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 cannot be quantified in that year must for purposes of this Act be deemed not to have accrued to that person in that year; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 becomes quantifiable during any subsequent year of assessment must for purposes of mis Act be deemed to have been accrued to that person from that disposal in that subsequent year.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 If a person during any year of assessment acquires an asset for consideration which consists of or includes an amount which cannot be quantified in that year of assessment, so much of that consideration as \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 cannot be quantified in that year must for purposes of this Act be deemed not to have been incurred by that person in that year; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 becomes quantifiable during any subsequent year of assessment must for purposes of this Act be deemed to have been incurred by that person in respect of the acquisition of that asset in that subsequent year.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The amount of any recovery or recoupment by a person of any amount allowed as a deduction in respect of any asset contemplated in subsection (1) must, for purposes of section 8<\/a>(4), be determined with reference to the amounts received by or accrued to that taxpayer in terms of this section.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 If an asset which was acquired by a person during any year of assessment as contemplated in subsection (2) \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 constitutes a depreciable asset; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amount is in terms of subsection (2)(b) deemed to have been actually incurred by that person in any subsequent year of assessment which has not been taken into account in determining the amount of any allowance in respect of that depreciable asset in any previous year and would have been so taken into account had that amount been actually incurred by that person,<\/span><\/p>\n

<\/p>\n

so much of the amount as would have been so allowed as an allowance in any previous year must be allowed in that subsequent year of assessment.<\/p>\n","post_title":"Section 24M (ITA) - Incurral and accrual of amounts in respect of assets acquired or disposed of for unquantified amount","collection_order":690,"collection":597,"post_modified":"2021-02-10 17:18:30","post_date":"2015-10-15 12:14:32"},{"ID":"1250","post_content":"

24N.\u00a0 Incurral and accrual of amounts in respect of disposal or acquisition of equity shares<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where a person (hereinafter referred to as \u2018the seller\u2019) during a year of assessment disposes of equity shares to any other person (hereinafter referred to as \u2018the purchaser\u2019) in the circumstances contemplated in subsection (2), any quantified or quantifiable amount payable by the purchaser to the seller must \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to the extent that it is not due and payable to the seller during that year, be deemed for purposes of this Act \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 not to have been accrued to the seller in that year; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 not to have been incurred by the purchaser during that year; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 to the extent that it becomes due and payable to the seller in any subsequent year of assessment, be deemed for purposes of this Act \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 to have been accrued to the seller during that subsequent year; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 to have been incurred by the purchaser during that subsequent year.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Subsection (1) applies in respect of the disposal by a seller to a purchaser of any equity shares in a company where \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 more than 25 per cent of the amount payable for those shares becomes due and payable by the purchaser after the end of the year of assessment of the seller and the amount payable is based on the future profits of that company;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the value of the equity shares in that company which have in aggregate been disposed of during that year and in respect of which the provisions of this section apply, exceeds 25 per cent of the total value of equity shares in that company;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the purchaser and seller are not connected persons in relation to each other after that disposal;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the purchaser is obliged to return the equity shares to the seller in the event of failure by the purchaser to pay any amount when due; and<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the amount is not payable by the purchaser to the seller in terms of a financial instrument which is payable on demand and which is readily tradeable in the open market.<\/span><\/p>\n","post_title":"Section 24N (ITA) - Incurral and accrual of amounts in respect of disposal or acquisition of equity shares","collection_order":691,"collection":597,"post_modified":"2021-02-10 17:18:51","post_date":"2015-10-15 12:14:32"},{"ID":"1252","post_content":"

24O.\u00a0 Incurral of interest in terms of certain debts deemed to be in production of income<\/span><\/strong><\/p>\n","post_title":"Section 24O (ITA) - Incurral of interest in terms of certain debts deemed to be in production of income","collection_order":692,"collection":597,"post_modified":"2021-02-10 17:19:08","post_date":"2015-10-15 12:14:32"},{"ID":"1255","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n\n

\u201cacquisition transaction\u201d <\/strong>means any transaction in terms of which a company acquires an equity share in another company from a person that does not form part of the same group of companies as that company, if-<\/p>\n

\n<\/p>

(a)\u00a0\u00a0\u00a0\u00a0\u00a0that other company is-<\/span><\/p>\n

\n<\/p>

(i)\u00a0 an operating company on the date of acquisition of that share\u037e and<\/span><\/p>\n

\n<\/p>

(ii) as a result of which, at the end of the day of that transaction-<\/span><\/p>\n

\n<\/p>

(aa)\u00a0\u00a0\u00a0that company is a controlling group company in relation to that other company\u037e and<\/span><\/p>\n

\n<\/p>

(bb)\u00a0\u00a0\u00a0that company and that other company form part of the same group of companies as defined in section 41<\/a>(1)\u037e or<\/span><\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that other company is-<\/span><\/p>\n

\n<\/p>

(i)\u00a0 a controlling group company in relation to a company that is an operating company on the date of acquisition of that share and that forms part of the same group of companies, as defined in section 41<\/a>(1), as that controlling group company\u037e and<\/span><\/p>\n

\n<\/p>

(ii) as a result of which, at the end of the day of that transaction-<\/span><\/p>\n

\n<\/p>

(aa)\u00a0\u00a0\u00a0that company is a controlling group company in relation to that other controlling group company\u037e and<\/span><\/p>\n

\n<\/p>

(bb)\u00a0\u00a0\u00a0that company and that other controlling group company form part of the same group of companies as defined in section 41<\/a>(1)\u037e<\/span><\/p>\n

[Definition of \u201cacquisition transaction\u201d substituted by section 31(1)(a) of Act 34 of 2019 deemed effective on 1 January, 2019 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"\"Acquisition transaction\" definition of sectoin 24O of ITA","collection_order":693,"collection":597,"post_modified":"2021-04-07 08:50:58","post_date":"2015-10-15 12:14:32"},{"ID":"1257","post_content":"

\u201coperating company\u201d<\/strong> means a company of which-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0at least 80 per cent of the aggregate amount received by or that accrued to that company during a year of assessment constitutes income in the hands of that company; and<\/span><\/p>\n

[Paragraph (a) substituted by section 46 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the income contemplated in paragraph (a) is derived-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 from a business carried on continuously by that company; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in the course or furtherance of which goods or services are provided or rendered by that company for consideration.<\/span><\/p>\n

[Subparagraph (ii) substituted by\u00a0section 46 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"\"Operating company\" definition of section 24O of ITA","collection_order":694,"collection":597,"post_modified":"2021-04-06 14:12:39","post_date":"2015-10-15 12:14:32"},{"ID":"1259","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to subsection (3), where during any year of assessment any interest is incurred by a company in respect of a debt issued, assumed or used by that company-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0for the purpose of financing the acquisition by that company, in terms of an acquisition transaction, of an equity share; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0in substitution for a debt issued, assumed or used as contemplated in paragraph (a),<\/span><\/p>\n

<\/p>\n

the interest incurred by that company in respect of that debt must, to the extent to which the amount thereof relates to a period during which-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that company held that equity share; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that equity share constituted a qualifying interest in an operating company, as determined-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0in the case of an equity share held by that company at the end of that year, at the date on which that year ends; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0if that equity share was disposed of by that company during that year, at the date of that disposal,<\/span><\/p>\n

<\/p>\n

be deemed to have been so incurred in the production of the income of that company and laid out or expended by that company for the purposes of trade.<\/p>\n

[Subsection (2) substituted by section 46 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0An equity share in a company constitutes a qualifying interest in an operating company if that equity share is an equity share on the date referred to in subsection (2) in-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a company that qualified as an operating company in its latest year of assessment that ended prior to or on the date referred to in subsection (2)\u037e or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any other company, to the extent that the value of that equity share is derived from an equity share or equity shares held by that company in a company or companies described in paragraph (a)-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in relation to which that company is a controlling group company; and<\/span><\/p>\n


<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that form part, with that company, of a group of companies, as defined in section 41(1):<\/span><\/p>\n

<\/p>\n

Provided that if at least 90 per cent of the value of that equity share is so derived, that equity share must be treated as an equity share in an operating company.<\/p>\n

[Sub\u00adsection (3) amended by section 46(1) of Act 23 of 2018 and substituted by section 31(1)(b) of Act 34 of 2019 deemed effective on 1 January, 2019 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (4) deleted by section 46 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0Where a company that acquired equity shares in a controlling group company in relation to an operating company as contemplated in paragraph (b) of the definition of \u201cacquisition transaction\u201d acquires the equity shares held by that controlling group company in that operating company in terms of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0an unbundling transaction as defined in section 46(1)(a) in respect of which section 46 was applied\u037e or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a liquidation distribution as defined in section 47(1)(a) in respect of which section 47 was applied, those equity shares must for purposes of subsection (2) be treated-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0as having been acquired by that company in terms of paragraph (a) of the definition of \u201cacquisition transaction\u201d; and<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0as constituting a qualifying interest in an operating company to the extent to which the value of the equity shares in the controlling group company from which the equity shares in the operating company were acquired was derived from the value of the equity shares in the operating company so acquired.<\/span><\/p>\n

[Sub\u00adsection (5) added by section 31(1)(c) of Act 34 of 2019 deemed to have come into operation on 1 January, 2019 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

[Section 24O inserted by section 57 of Act 22 of 2012, amended by section 72 of Act 31 of 2013 and substituted by section 46 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"Subsection 2 and 3 of section 24O of ITA","collection_order":695,"collection":597,"post_modified":"2021-04-07 08:54:27","post_date":"2015-10-15 12:14:32"},{"ID":"10796","post_content":"

24P.\u00a0\u00a0Allowance in respect of future repairs to certain ships<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0 \u00a0 Notwithstanding section 23(g)<\/a> there must be allowed to be deducted from the income of any person an amount of expenditure on repairs to any ship in respect of each year of assessment if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that person is a resident;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that person carries on any business as owner or charterer of any ship; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 within five years of that year of assessment, that person is likely to incur an amount of expenditure on repairs to any ship used by that person for the purposes of that person\u2019s trade.<\/span><\/p>\n

[Subsection (1) substituted by section 47 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0In determining the amount of the deduction under subsection (1) regard to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the estimated cost of those repairs; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the date on which those costs are likely to be incurred.<\/span><\/p>\n

[Subsection (2) substituted by section 47 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The amount of the deduction allowed to a person under subsection (1) in respect of any year of assessment must be included in the income of that person in the following year of assessment.<\/span><\/p>\n

[Section 24P inserted by section 44 of Act 43 of 2014 effective on 12 December 2013]<\/span><\/p>\n","post_title":"Section 24P (ITA) - Allowance in respect of future repairs to certain ships","collection_order":696,"collection":597,"post_modified":"2021-04-07 08:54:55","post_date":"2017-06-08 13:49:45"},{"ID":"1261","post_content":"

25. \u00a0 \u00a0Taxation of deceased estates<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Any-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 income received by or accrued to or in favour of any person in his or her capacity as the executor of the estate of a deceased person; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 amount received or accrued as contemplated in paragraph (a) which would have been income in the hands of that deceased person had that amount been received by or accrued to or in favour of that deceased person during his or her lifetime,<\/span><\/p>\n

\u00a0<\/p>\n

must be treated as income of the deceased estate of that deceased person.<\/p>\n

\u00a0<\/p>\n

(2) \u00a0 \u00a0 Where the deceased estate of a person acquires an asset from that person, that deceased estate must, if that asset is an asset-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0other than an asset contemplated in\u00a0section 9HA<\/a>(2), be treated as having acquired that asset for an amount of expenditure incurred equal to the amount contemplated in\u00a0section 9HA<\/a>(1); and<\/span><\/p>\n

[Paragraph (a) substituted by section 47 of Act 15 of 2016 effective on 1 March 2016, applies in respect of a person who dies on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 contemplated in section 9HA<\/a>(2), be treated as having acquired that asset for an amount of expenditure incurred equal to the amount contemplated in section <\/a>9HA<\/a>(2)(b).<\/span><\/p>\n

\u00a0<\/p>\n

(3) \u00a0 \u00a0 Where the deceased estate of a person disposes of an asset to an heir or legatee of that person-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0that deceased estate must be treated as having disposed of that asset for an amount received or accrued equal to the amount of expenditure incurred by the deceased estate in respect of that asset\u037e<\/span><\/p>\n

[Paragraph (a) amended by section 20(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of liquidation and distribution accounts finalised on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the heir or legatee must be treated as having acquired that asset for an amount of expenditure incurred equal to the expenditure incurred by the deceased estate in respect of that asset\u037e and<\/span><\/p>\n

[Paragraph (b) amended by section 20(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of liquidation and distribution accounts finalised on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0that deceased estate must be treated as having disposed of that asset on the earlier of the date on which that asset is disposed of or on which the liquidation and distribution account becomes final.<\/span><\/p>\n

[Paragraph (c) added by section 20(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of liquidation and distribution accounts finalised on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(4)<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0This subsection must be applied in respect of an asset acquired by a surviving spouse of a deceased person as contemplated in\u00a0section 9HA<\/a>(2) for purposes of determining the amount of any-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0allowance or deduction to which that spouse may be entitled or that is to be recovered or recouped by or included in the income of that spouse in respect of that asset; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of any capital gain or capital loss in respect of a disposal of that asset by that spouse.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0The surviving spouse contemplated in paragraph (a) must be treated as one and the same person as the deceased person and deceased estate with respect to-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the date of acquisition of that asset by that deceased person;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0any valuation of that asset effected by that deceased person as contemplated in\u00a0paragraph 29<\/a>(4) of the Eighth Schedule<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0the amount of any expenditure and the date on which and the currency in which that expenditure was incurred in respect of that asset-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0by that deceased person as contemplated in\u00a0section 9HA<\/a>(2)(b); and<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0by that deceased estate, other than the expenditure contemplated in\u00a0section 9HA<\/a>(2)(b);<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0the manner in which that asset had been used by the deceased person and the deceased estate; and<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0any allowance or deduction allowable in respect of that asset to the deceased person and the deceased estate.<\/span><\/p>\n

[Subsection (4) substituted by section 47 of Act 15 of 2016 effective on 1 March 2016, applies in respect of a person who dies on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0A deceased estate must-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0other than for the purposes of section 6<\/a>, section 6A<\/a>, section 6B<\/a> and section 6C<\/a>, be treated as if that estate were a natural person; and<\/span><\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section 28(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0if the deceased person at the time of his or her death was\u2014<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a resident, be treated as if that estate were a resident; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a non-resident, be treated as if that estate were a non-resident.<\/span><\/span><\/p>\n

[Subsection\u00a0(5)\u00a0substituted by\u00a0section\u00a047\u00a0of\u00a0Act 23 of 2018.\u00a0Paragraph (b)\u00a0substituted by\u00a0section 28(1)(b)\u00a0of\u00a0Act 17 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0Where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the tax determined in terms of this Act, which relates to the taxable capital gain derived by a deceased person from assets disposed of by that person as contemplated in section 9HA<\/a>, exceeds 50 per cent of the net value of the estate of that person, as determined in terms of section 4 of the Estate Duty Act for purposes of that Act, before taking into account the amount of that tax so determined; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the executor of the estate is required to dispose of any asset of the estate for purposes of paying the amount of the tax contemplated in paragraph (a),<\/span><\/p>\n

\u00a0<\/p>\n

any heir or legatee of the estate who would have been entitled to that asset contemplated in paragraph (b) had there been no liability for tax, may elect that that asset be distributed to that heir or legatee if the amount of tax which exceeds 50 per cent of that net value be paid by that heir or legatee within a period of three years after the date that the estate has become distributable in terms of section 35(12) of the Administration of Estates Act, 1965 (Act No. 66 of 1965).<\/p>\n

\u00a0<\/p>\n

(7) \u00a0 \u00a0 Any amount of tax payable by an heir or legatee as contemplated in subsection (6), becomes a debt due to the state and must be treated as an amount of tax chargeable in terms of this Act which is due by that person.<\/span><\/p>\n

[Section 25 substituted by section 22 of Act 113 of 1993 and section 48 of Act 25 of 2015 effective on 1 March 2016]<\/span><\/p>\n","post_title":"Section 25 (ITA) - Taxation of deceased estates","collection_order":697,"collection":597,"post_modified":"2024-01-26 11:43:18","post_date":"2015-10-15 12:14:32"},{"ID":"1263","post_content":"

25A.\u00a0\u00a0\u00a0 Determination of taxable incomes of permanently separated spouses<\/span><\/strong><\/p>\n

<\/p>\n

Where during any period of assessment any taxpayer who is married in community of property has lived apart from his or her spouse in circumstances which indicate that the separation is likely to be permanent, his or her taxable income for such period shall be determined at the amount at which such taxpayer\u2019s taxable income would have been determined under the provisions of this Act if such taxpayer had not been married in community of property.<\/p>\n

\u00a0[Section 25A inserted by section 21 of Act 55 of 1966, amended by section 271 of Act 28 of 2011 and substituted by section 49 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 25A (ITA) - Determination of taxable income of permanently separated spouses","collection_order":698,"collection":597,"post_modified":"2019-02-13 21:34:24","post_date":"2015-10-15 12:14:32"},{"ID":"1265","post_content":"

25B.\u00a0\u00a0\u00a0\u00a0 Taxation of trusts and beneficiaries of trusts<\/span><\/strong><\/p>\n

[Heading amended by\u00a0section 28(a)\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Any amount (other than an amount of a capital nature which is not included in gross income or an amount contemplated in paragraph 3B<\/a> of the Second Schedule<\/a>) received by or accrued to or in favour of any person during any year of assessment in his or her capacity as the trustee of a trust, shall, subject to the provisions of section 7<\/a>, to the extent to which that amount has been derived for the immediate or future benefit of any ascertained beneficiary, who is a resident and has a vested right to that amount during that year, be deemed to be an amount which has accrued to that beneficiary, and to the extent to which that amount is not so derived, be deemed to be an amount which has accrued to that trust.<\/span><\/span><\/p>\n

[Subsection\u00a0(1)\u00a0substituted by\u00a0section\u00a028(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and by\u00a0section\u00a029(1)(a)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect from 1\u00a0March, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Where a beneficiary who is a resident has acquired a vested right to any amount referred to in subsection (1) in consequence of the exercise by the trustee of a discretion vested in him or her in terms of the relevant deed of trust, agreement or will of a deceased person, that amount shall for the purposes of that subsection be deemed to have been derived for the benefit of that beneficiary.<\/span><\/span><\/p>\n

[Subsection\u00a0(2)\u00a0substituted by\u00a0section\u00a029(1)(b)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect from 1\u00a0March, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(2A)\u00a0 Where during any year of assessment any resident acquires any vested right to any amount representing capital of any trust which is not a resident, that amount must be included in the income of that resident in that year, if \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0that capital consists of or is derived, directly or indirectly, from any receipts and accruals of such trust which would have constituted income if such trust had been a resident, in any previous year of assessment during which that resident had a contingent right to that amount; and<\/span><\/p>\n

[Paragraph (a) substituted by section 48 of Act 23 of 2018 effective on 1 March 2019, applies in respect of any year of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that amount has not been subject to tax in the Republic in terms of this Act.<\/span><\/p>\n

\u00a0<\/p>\n

(2B)\u00a0\u00a0In determining, for purposes of subsection (2A), whether an amount received by or that accrued to a trust which is not a resident would have constituted income had that trust been a resident, the provisions of section 10B<\/a>(2)(a) must be disregarded in respect of an amount received or accrued consisting of or derived, directly or indirectly, from a foreign dividend-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0paid or payable by a company if-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0more than 50 per cent of the total participation rights, as defined in section 9D<\/a>(1), or of the voting rights in that company are directly or indirectly held or are exercisable, as the case may be, by that trust whether alone or together with any one or more persons that are connected persons in relation to that trust; and<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0that resident or any person that is a connected person in relation to that resident is a connected person in relation to that trust; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent to which that foreign dividend is not derived from an amount that must be included in the income of or that must be attributed as a capital gain to-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0the resident who acquired the vested right to the amount referred to in subsection (2A); or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0a resident who is a connected person in relation to the resident referred to in item (aa).<\/span><\/p>\n

[Subsection (2B) inserted by section 48 of Act 23 of 2018 effective on 1 March 2019, applies in respect of any year of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Any deduction or allowance which may be made under the provisions of this Act in the determination of the taxable income derived by way of any amount referred to in subsection (1), must, to the extent to which that amount is under that subsection deemed to be an amount which has accrued to \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a beneficiary, be deemed to be a deduction or allowance which may be made in the determination of the taxable income derived by that beneficiary; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the trust, be deemed to be a deduction or allowance which may be made in the determination of the taxable income derived by that trust.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The deduction or allowance contemplated in subsection (3) which is deemed to be made in the determination of the taxable income of a beneficiary of a trust during any year of assessment, shall be limited to so much of the amount deemed to have been received by or accrued to that beneficiary in terms of subsection (1), as is included in the income of that beneficiary during that year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The amount by which the sum of the deductions and allowances contemplated in subsection (4) exceeds the amount included in the income of the beneficiary during a year of assessment as contemplated in that subsection \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is deemed to be a deduction or allowance which may be made in the determination of the taxable income of the trust during that year: Provided that the sum of those deductions and allowances shall be limited to the taxable income of that trust during that year of assessment as calculated before allowing any deduction or allowance under this subsection; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the trust is not subject to tax in the Republic, must be carried forward and be deemed to be a deduction or allowance which may be made in the determination of the taxable income derived by that beneficiary by way of amounts referred to in subsection (1) during the immediately succeeding year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 The amount by which the sum of the deductions and allowances contemplated in subsection (4) exceeds the sum of the amount included in the income of the beneficiary as contemplated in subsection (4) and the taxable income of the trust as contemplated in subsection (5)(a), must be deemed to be a deduction or allowance for purposes of subsection (3), which may be made in the determination of the taxable income derived by that beneficiary by way of any amount referred to in subsection (1) during the immediately succeeding year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 Subsections (4), (5) and (6) do not apply in respect of any amount which is deemed to have accrued to any beneficiary in terms of subsection (1), where that beneficiary is not subject to tax in the Republic on that amount.<\/span><\/p>\n","post_title":"Section 25B (ITA) - Income of trusts and beneficiaries of trusts","collection_order":699,"collection":597,"post_modified":"2024-03-06 20:37:38","post_date":"2015-10-15 12:14:32"},{"ID":"1267","post_content":"

25BA.\u00a0\u00a0\u00a0 Amounts received by or accrued to certain portfolios of collective investment schemes and holders of participatory interests in portfolios<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 Any amount, other than an amount of a capital nature, received by or accrued to any portfolio of a collective investment scheme, other than a portfolio of a collective investment scheme in property, must-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to the extent that the amount is distributed by that portfolio-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0 \u00a0\u00a0\u00a0 to any person who is entitled to the distribution by virtue of the person being a holder of a participatory interest in that portfolio; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 not later than 12 months after its accrual to or, in the case of interest, its receipt by that portfolio;<\/span><\/p>\n

\u00a0<\/p>\n

be deemed to have directly accrued to the person on the date of the distribution; and<\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 to the extent that the amount is not distributed as contemplated in paragraph (a) within 12 months after its accrual to, or in the case of interest, its receipt by that portfolio-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 be deemed to have accrued to that portfolio on the last day of the period of 12 months commencing on the date of its accrual to or receipt by that portfolio; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 to the extent that the amount is attributable to a dividend received by or accrued to that portfolio, be deemed to be income of that portfolio.<\/span><\/p>\n

\u00a0<\/p>\n

(2) \u00a0 \u00a0 Where a portfolio of a hedge fund collective investment scheme is constituted as a partnership any amount allocated by that portfolio to the partners in that partnership must for the purposes of subsection (1)(a) be treated as having been distributed by that portfolio to the partners in that partnership by virtue of those partners being holders of participatory interests in that portfolio.<\/span><\/p>\n","post_title":"Section 25BA (ITA) - Amounts received by or accrued to certain portfolios of collective investment schemes and holders of participatory interests in portfolios","collection_order":700,"collection":597,"post_modified":"2019-02-13 21:34:45","post_date":"2015-10-15 12:14:32"},{"ID":"1269","post_content":"

25BB. \u00a0 \u00a0Taxation of REITs<\/span><\/strong><\/p>\n","post_title":"Section 25BB (ITA) - Taxation of REITs","collection_order":701,"collection":597,"post_modified":"2019-02-13 21:34:54","post_date":"2015-10-15 12:14:32"},{"ID":"1271","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

\u2018controlled company\u2019<\/strong> means a company that is a subsidiary, as defined in IFRS, of a REIT;<\/p>\n","post_title":"\"Controlled company\" definition of section 25BB of ITA","collection_order":702,"collection":597,"post_modified":"2020-03-06 08:11:26","post_date":"2015-10-15 12:14:32"},{"ID":"1273","post_content":"

\u2018property company\u2019<\/strong> means a company-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in which 20 per cent or more of the equity shares or linked units are held by a REIT or a controlled company (whether alone or together with any other company forming part of the same group of companies as that REIT or that controlled company); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 of which at the end of the previous year of assessment 80 per cent or more of the value of the assets, reflected in the annual financial statements prepared in accordance with the Companies Act or IFRS for the previous year of assessment, is directly or indirectly attributable to immovable property;<\/span><\/p>\n

[Paragraph (b) substituted by section 45 of Act 43 of 2014 effective on 1 April 2013]<\/span><\/p>\n","post_title":"\"Property company\" definition of section 25BB of ITA","collection_order":703,"collection":597,"post_modified":"2020-03-06 08:11:36","post_date":"2015-10-15 12:14:32"},{"ID":"1275","post_content":"

\u201cqualifying distribution\u201d<\/strong>, in respect of a year of assessment of a company that is a REIT or a controlled company as at the end of a year of assessment, means any dividend (other than a dividend contemplated in\u00a0paragraph (b)\u00a0of the definition of \u201cdividend\u201d) paid or payable in respect of an equity share, or interest incurred in respect of a debenture forming part of a linked unit in that company, if the amount thereof is determined with reference to the financial results of that company as reflected in the financial statements prepared for that year of assessment if-<\/p>\n

[Definition of \u201cqualifying distribution\u201d amended by section 45(a) of Act 17 of 2017 and by section 29(1)(a) of Act 23 of 2020 effective on 1 January, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0that year of assessment is the first year of assessment and at least 75 per cent of the gross income received by or accrued to a company during that first year of assessment that the company qualifies as a REIT or controlled company, consists of rental income; and<\/span><\/p>\n

[Paragraph (a) substituted by section 50 of Act 25 of 2015 and section 49 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in any other case, at least 75 per cent of the gross income received by or accrued to a REIT or a controlled company in the preceding year of assessment consists of rental income:<\/span><\/p>\n

<\/p>\n

Provided that any amount that must be included in the income of the REIT or controlled company in terms of section 9D<\/a>(2) must not be included in the gross income of the REIT or controlled company in respect of that year of assessment for the purposes of this definition;<\/p>\n","post_title":"\"Qualifying distribution\" definition of section 25BB of ITA","collection_order":704,"collection":597,"post_modified":"2022-02-05 20:40:32","post_date":"2015-10-15 12:14:32"},{"ID":"1277","post_content":"

\u201crental <\/strong>income\u201d <\/strong>means an amount calculated in accordance with the formula-<\/p>\n

<\/p>\n

RI = PI + EG<\/p>\n

<\/p>\n

in which formula-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cRI\u201d represents the amount to be determined\u037e<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cPI\u201d represents the aggregate of all amounts received or accrued-<\/span><\/p>\n

<\/p>\n

(i)\u00a0 in respect of the use of immovable property, including a penalty or interest in respect of late payment of any such amount\u037e<\/span><\/p>\n

<\/p>\n

(ii) as a dividend (other than a dividend contemplated in paragraph (b) of the definition of \u201cdividend\u201d) from a company that is a REIT at the time of the distribution of that dividend\u037e<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0as a qualifying distribution from a company that is a controlled company at the time of that distribution\u037e<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0as a dividend or foreign dividend from a company that is a property company at the time of that distribution\u037e and<\/span><\/p>\n

<\/p>\n

(v) any amount recovered or recouped in terms of section 8(4) in respect of an amount of an allowance previously deducted in terms of section 11(g)<\/a>, 13<\/a>, 13bis<\/a>, 13ter<\/a>, 13quat<\/a>, 13quin<\/a> or 13sex<\/a>\u037e and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u201cEG\u201d represents the total of foreign exchange gains contemplated in the definition of \u201cexchange difference\u201d in section 24I<\/a>(1), determined in terms of that section in respect of the amounts referred to in paragraph (b) that constitute exchange items or any exchange item serving as a hedge in respect of amounts referred to in that paragraph.<\/span><\/p>\n

[Definition of \u201crental income\u201d amended by section 48(1)(a) of Act 15 of 2016 and substituted by section 32 of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Rental income\" definition of section 25BB of ITA","collection_order":705,"collection":597,"post_modified":"2021-04-07 08:59:51","post_date":"2015-10-15 12:14:32"},{"ID":"1279","post_content":"

(2)<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 There must be deducted from the income for a year of assessment of-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a REIT; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 a controlled company that is a resident,<\/span><\/p>\n

<\/p>\n

the amount of any qualifying distribution made by that REIT or that controlled company in respect of that year of assessment if that company is a REIT or a controlled company on the last day of that year of assessment.<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The aggregate amount of the deductions contemplated in paragraph (a) may not exceed the taxable income for that year of assessment of that REIT or that controlled company, before taking into account-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any deduction in terms of this subsection;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any assessed loss brought forward in terms of section 20; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the amount of taxable capital gain included in taxable income in terms of section 26A.<\/span><\/p>\n

<\/p>\n

(2A)\u00a0\u00a0\u00a0 For the purposes of calculating the taxable income in respect of a year of assessment of a REIT or a controlled company as contemplated in subsection (2)(b)-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a REIT or a controlled company is a beneficiary of a vesting trust that is not a resident; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the trust contemplated in subparagraph (i) is liable for or subject to tax on income in the country in which that trust is established or formed,<\/span><\/p>\n

<\/p>\n

so much of any amount of tax on income proved to be payable by that trust to the government of a country other than the Republic as is attributable to the interest of that REIT or controlled company in that trust, without any right of recovery of that tax by any person, other than a right of recovery in terms of any entitlement to carry back losses arising during any year of assessment, limited to the amount of taxable income that is attributable to those amounts, must be allowed to be deducted by that REIT or controlled company before taking into account any deduction in terms of subsection (2)(a).<\/p>\n

[Words following subparagraph (ii) substituted by section 48 of Act 15 of 2016 and section 49 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 there must be allowed as a deduction from the income of that REIT or that controlled company the sum of any taxes on income proved to be payable, by that REIT or that controlled company in respect of any amount to any sphere of government of any country other than the Republic, without any right of recovery by any person other than a right of recovery in terms of any entitlement to carry back losses arising during any year of assessment, limited to the amount of taxable income that is attributable to those amounts, before taking into account any deduction in terms of paragraph (c) and subsection (2)(a);<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section 48(1)(c)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and amended by\u00a0section 29(1)(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0where during any year of assessment a REIT or controlled company has made a bona fide donation to any organisation as contemplated in section 18A<\/a>(1)(a) or (b) there must be allowed to be deducted an amount equal to the amount of that donation: Provided that the deduction so allowed may not exceed 10 per cent of the taxable income of that REIT or controlled company after taking into account any deduction in terms of paragraph (a) and (b) but before taking into account any deduction in terms of subsection (2)(a); and<\/span><\/p>\n

[Paragraph (c)\u00a0amended by\u00a0section 29(1)(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 where a foreign dividend is received by or accrued to a REIT or controlled company, section 10B<\/a>(2)(a) must not apply.<\/span><\/p>\n

[Subsection (2A)\u00a0inserted by\u00a0section 50(1)(b)\u00a0of\u00a0Act\u00a025 of 2015\u00a0effective on 1\u00a0January, 2016 and applicable in respect of years of assessment commencing on or after that date.\u00a0Paragraph (d)\u00a0added by\u00a0section 29(1)(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (3) deleted by section 50 of Act 25 of 2015 effective on 1 April 2013]<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 A company that is a REIT or a controlled company on the last day of a year of assessment may not deduct by way of an allowance any amount in respect of immovable property in terms of section 11(g)<\/a>, 13<\/a>, 13bis<\/a>, 13ter<\/a>, 13quat<\/a>, 13quin <\/a>or 13sex<\/a>.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0In determining the aggregate capital gain or aggregate capital loss of a company that is a REIT or a controlled company on the last day of a year of assessment for purposes of the Eighth Schedule, any capital gain or capital loss determined in respect of the disposal of-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 45 of Act 43 of 2014 effective on 1 April 2013]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 immovable property of a company that is a REIT or controlled company at the time of the disposal;<\/span><\/p>\n

[Paragraph (a) substituted by section 45 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a share or a linked unit in a company that is a REIT at the time of that disposal; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a share or a linked unit in a company that is a property company at the time of that disposal,<\/span><\/p>\n

<\/p>\n

must be disregarded.<\/p>\n

<\/p>\n

(6)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0Any amount of interest received by or accrued to a person during a year of assessment in respect of a debenture forming part of a linked unit held by that person in a company that is-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a REIT or a controlled company that is a resident must be deemed to be a dividend received by or accrued to that person; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a controlled company that is a foreign company must be deemed to be a foreign dividend received by or accrued to that person,<\/span><\/p>\n

<\/p>\n

during that year of assessment.<\/p>\n

[Paragraph (a) substituted by section 45 of Act 43 of 2014, section 50 of Act 25 of 2015 and section 48 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Any amount of interest received by or accrued to a company that is a REIT or a controlled company that is a resident during a year of assessment in respect of a debenture forming part of a linked unit held by that company in a property company must if the property company is a resident be deemed to be a dividend, or if the property company is a foreign company be deemed to be a foreign dividend, received by or accrued to that company during that year of assessment if that company is a REIT or a controlled company that is a resident at the time of that receipt or accrual.<\/span><\/p>\n

[Paragraph (b) substituted by section 45 of Act 43 of 2014 and section 50 of Act 25 of 2015 effective on 1 April 2013]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 Any amount of interest paid in respect of a linked unit in a REIT or a controlled company must be deemed-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0to be a dividend paid by that REIT or that controlled company that is a resident for the purposes of the dividends tax contemplated in Part VIII of this Chapter; and<\/span><\/p>\n

[Subparagraph (i) substituted by section 48 of Act 15 of 2016 effective on 1 January 2017, applies in respect of amounts paid on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 not to be an amount of interest paid by that REIT or that controlled company for the purposes of the withholding tax on interest contemplated in Part IVB of this Chapter.<\/span><\/p>\n

<\/p>\n

(7) \u00a0 \u00a0 If during any year of assessment a company that is a REIT ceases to be a REIT and that company does not qualify as a controlled company or a company that is a controlled company ceases to be a controlled company and that company does not qualify as a REIT-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that year of assessment of that REIT or controlled company is deemed to end on the day preceding the date on which that company ceases to be either a REIT or a controlled company; and<\/span><\/p>\n

[Paragraph (a) substituted by section 45 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the following year of assessment of that company is deemed to commence on the day on which that company ceased to be either a REIT or a controlled company.<\/span><\/p>\n

[Paragraph (b) substituted by section 45 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(8) \u00a0 \u00a0 If a REIT or a controlled company cancels the debenture part of a linked unit and capitalises the issue price of the debenture to stated capital for the purposes of financial reporting in accordance with IFRS-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the cancellation of the debenture must be disregarded in determining the taxable income of the holder of the debenture and of the REIT or controlled company;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 expenditure incurred by the holder of a share in the REIT or controlled company in respect of the shares is deemed to be equal to the amount of the expenditure incurred in respect of the acquisition of that linked unit; and<\/span><\/p>\n

[Paragraph (b) substituted by section 45 of Act 43 of 2014 effective on 1 April 2013]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the issue price of the cancelled debenture must be added to the contributed tax capital of the class of shares that forms part of the linked unit.<\/span><\/p>\n","post_title":"Subsection 2, 3, 4, 5, 6, 7 and 8 of section 25BB of ITA","collection_order":706,"collection":597,"post_modified":"2022-02-05 20:41:05","post_date":"2015-10-15 12:14:32"},{"ID":"1281","post_content":"

25C.\u00a0\u00a0\u00a0 Income of insolvent estates<\/strong><\/p>\n

\u00a0<\/p>\n

For the purposes of this Act, and subject to any such adjustments as may be necessary the estate of a person prior to sequestration and that person\u2019s insolvent estate shall be deemed to be one and the same person for purposes of determining-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount of any allowance, deduction or set off to which that insolvent estate may be entitled;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amount which is recovered or recouped by or otherwise required to be included in the income of that insolvent estate; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any taxable capital gain or assessed capital loss of that insolvent estate.<\/span><\/p>\n","post_title":"Section 25C (ITA) - Income of insolvent estates","collection_order":707,"collection":597,"post_modified":"2022-02-05 20:41:15","post_date":"2015-10-15 12:14:32"},{"ID":"1283","post_content":"

25D.\u00a0\u00a0\u00a0 Determination of taxable income in foreign currency<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to subsections (2), (3) and (4), any amount received by or accrued to, or expenditure or loss incurred by, a person during any year of assessment in any currency other than the currency of the Republic must be translated to the currency of the Republic by applying the spot rate on the date on which that amount was so received or accrued or expenditure or loss was so incurred.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Any amounts received by or accrued to, or expenditure incurred by, a person in any currency other than the currency of the Republic which are attributable to a permanent establishment of that person outside the Republic must be determined in the functional currency of that permanent establishment (other than the currency of any country in the common monetary area) and be translated to the currency of the Republic by applying the average exchange rate for the relevant year of assessment.<\/span><\/p>\n

<\/p>\n

(2A)\u00a0 Subsection (2) shall not apply to the extent that-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the other currency contemplated in that subsection is not the functional currency of that permanent establishment; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the functional currency is the currency of a country which has an official rate of inflation of 100 per cent or more throughout the relevant year of assessment.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Notwithstanding subsection (1), a natural person or a trust (other than a trust which carries on any trade) may elect that all amounts received by or accrued to, or expenditure or losses incurred by that person or trust in any currency other than the currency of the Republic, be translated to the currency of the Republic by applying the average exchange rate for the relevant year of assessment.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where, during any year of assessment-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any amount-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is received by or accrued to; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 of expenditure is incurred by,<\/span><\/p>\n

<\/p>\n

a headquarter company in any currency other than the functional currency of the headquarter company; and<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the functional currency of that headquarter company is a currency other than the currency of the Republic,that amount must be determined in the functional currency of the headquarter company and must be translated to the currency of the Republic by applying the average exchange rate for that year of assessment.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Where, during any year of assessment-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any amount-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is received by or accrues to; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 of expenditure is incurred by,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

a domestic treasury management company in any currency other than the functional currency of the domestic treasury management company; and<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the functional currency of that domestic treasury management company is a currency other than the currency of the Republic,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

that amount must be determined in the functional currency of the domestic treasury management company and must be translated to the currency of the Republic by applying the average exchange rate for that year of assessment.<\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Where, during any year of assessment-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any amount-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is received by or accrues to; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 of expenditure is incurred by,<\/span><\/p>\n

<\/p>\n

an international shipping company in any currency other than the functional currency of the international shipping company; and<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the functional currency of that international shipping company is a currency other than the currency of the Republic,<\/span><\/p>\n

<\/p>\n

that amount must be determined in the functional currency of the international shipping company and must be translated to the currency of the Republic by applying the average exchange rate for that year of assessment.<\/p>\n

\u00a0[Subsection (6) added by section 75 of Act 31 of 2013 and substituted by section 46 of Act 43 of 2014 effective on 1 April 2014]<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Any amounts received by or accrued to, or expenditure incurred by-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a headquarter company contemplated in subsection (4); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a domestic treasury management company contemplated in subsection (5); or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 an international shipping company contemplated in subsection (6),<\/span><\/p>\n

<\/p>\n

during any year of assessment in a functional currency that is a currency other than the currency of the Republic must be translated to the currency of the Republic by applying the average exchange rate for the relevant year of assessment.<\/p>\n

[Subsection (7) added by section 46 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"Section 25D (ITA) - Determination of taxable income in foreign currency","collection_order":708,"collection":597,"post_modified":"2019-02-13 21:35:52","post_date":"2015-10-15 12:14:32"},{"ID":"1285","post_content":"

26.\u00a0 Determination of taxable income derived from farming<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The taxable income of any person carrying on pastoral, agricultural or other farming operations shall, in so far as it is derived from such operations, be determined in accordance with the provisions of this Act but subject to the provisions of the First Schedule<\/a>.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 In the case of any person who has discontinued carrying on pastoral, agricultural or other farming operations and is still in possession of any livestock or produce, or has entered into a \u201csheep lease\u201d or similar agreement relating to livestock or produce, which has been taken into account and in respect of which expenditure under the provisions of this Act or any previous Income Tax Act has been allowed in the determination of the taxable income derived by such person when such operations were carried on, the provisions of this Act, but subject to the provisions of paragraphs 1<\/a>, 2<\/a>, 3<\/a>, 4<\/a>, 5<\/a>, 6<\/a>, 7<\/a>, 9<\/a>, or 11<\/a> of the First Schedule<\/a>, shall continue to be applicable to that person in respect of such livestock or produce, as the case may be, until the year of assessment during which he disposes of the last of such livestock or produce, notwithstanding the fact that such operations have been discontinued.<\/span><\/p>\n","post_title":"Section 26 (ITA) - Determination of taxable income derived from farming","collection_order":709,"collection":597,"post_modified":"2019-02-13 21:36:03","post_date":"2015-10-15 12:14:31"},{"ID":"1287","post_content":"

26A.\u00a0\u00a0\u00a0 Inclusion of taxable capital gain in taxable income<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

There shall be included in the taxable income of a person for a year of assessment the taxable capital gain of that person for that year of assessment, as determined in terms of the Eighth Schedule<\/a>.<\/p>\n","post_title":"Section 26A (ITA) - Inclusion of taxable capital gain in taxable income","collection_order":710,"collection":597,"post_modified":"2019-02-13 21:36:15","post_date":"2015-10-15 12:14:31"},{"ID":"1289","post_content":"

26B.\u00a0\u00a0\u00a0\u00a0 Taxation of oil and gas companies<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The taxable income of any oil and gas company, as defined in the Tenth Schedule<\/a>, shall be determined in accordance with the provisions of this Act but subject to the provisions of that Schedule.<\/span><\/p>\n

\u00a0<\/p>\n

(2) \u00a0 \u00a0 The dividends tax levied in respect of the amount of any dividend, as defined in section 64D<\/a>, that is paid as contemplated in section 64E<\/a>(2) by an oil and gas company, as defined in the Tenth Schedule<\/a>, out of amounts attributable to its oil and gas income, as defined in that Schedule, shall be determined in accordance with this Act but subject to that Schedule.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Part IIA<\/a> of Chapter III<\/a> of this Act applies to the Tenth Schedule<\/a> notwithstanding any provision to the contrary contained in subsections (1) and (2).<\/span><\/p>\n","post_title":"Section 26B (ITA) - Taxation of oil and gas companies","collection_order":711,"collection":597,"post_modified":"2019-02-13 21:36:24","post_date":"2015-10-15 12:14:31"},{"ID":"1291","post_content":"

27.\u00a0 Determination of taxable income of co\u2013<\/em>operative societies and companies<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 In the determination of the taxable income of any co\u2013<\/em>operative trading society, as defined in the Co\u2013<\/em>operative Societies Act, 1939 (Act No. 29 of 1939), derived by that society from its transactions, whether with persons who are members or with persons who are not members of the society, the amount of any bonus distributed in any year of assessment to its members by any such society which is a closed society as defined in section ninety\u2013<\/em>seven of that Act shall be allowed as a deduction from the income of that society in so far as such bonus does not exceed an amount equivalent to one\u2013<\/em>tenth of the aggregate value of the business of such society with its members during such year of assessment, but no such deduction shall be allowed in the case of any such co\u2013<\/em>operative trading society which is not such a closed society.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 In the determination of the taxable income of any agricultural co\u2013<\/em>operative, there shall be allowed as deductions from the income of such agricultural co\u2013<\/em>operative for the year of assessment in question \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amounts of any profits distributed by it during the specified period in relation to the year of assessment by way of bonuses (other than bonuses distributed out of the stabilization fund referred to in paragraph (h)) to persons entitled to participate in such distribution: Provided that the amounts allowed as deductions under this paragraph shall not in the aggregate exceed an amount which bears to the taxable income of such agricultural co\u2013<\/em>operative for the year of assessment (as calculated before allowing any deductions under this paragraph and before setting off any balance of assessed loss brought forward from a previous year of assessment) the same ratio as the aggregate value of the business conducted by such agricultural co\u2013<\/em>operative with its members during such year bears to the aggregate value of all business conducted by it during such year;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 subject to the provisions of subsections (3), (4) and (5), an allowance equal to two per cent of the cost (after the deduction of any amount referred to in subsection (4)) to such agricultural co\u2013<\/em>operative of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any building which was during the year of assessment wholly or mainly used by such co-operative as a storage building, if such building was erected by such co-operative or by any other co-operative agricultural society or company or farmers\u2019 special co-operative company as defined in the Co-operative Societies Act, 1939, and the erection of such building was commenced on or after 25 March 1959; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any improvements (other than repairs) to any building referred to in subparagraph (i) which was during the year of assessment used as contemplated in that subparagraph; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 any improvements (other than repairs) to any other building which was during the year of assessment used as a storage building by such co-operative, if such improvements were commenced on or after 1 April 1971:<\/span><\/p>\n

<\/p>\n

Provided that no allowance shall be granted under this paragraph in respect of the cost of any building or improvements if an allowance in respect of such cost has been granted in respect of the year of assessment under the provisions of section 13<\/a>(1): Provided further that no allowance shall be made under this paragraph in respect of such portion of the cost of any building or of any improvements as has been taken into account in the calculation of any storage building initial allowance or any allowance to such co\u2013<\/em>operative under section 11(g)<\/a>, whether in the current or any previous year of assessment: Provided further that in the case of any such building the erection of which commences on or after 1 January 1989 and any such improvements which commence on or after that date the allowance under this paragraph shall be increased to 5 per cent of the cost (after the deduction of any amount as provided in subsection (4)) to the taxpayer of such building or improvements;<\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 an allowance in respect of the year of assessment in respect of losses suffered by such agricultural co\u2013<\/em>operative in consequence of physical damage to or deterioration of pastoral, agricultural and other farm products held by such agricultural co\u2013<\/em>operative on behalf of any control board established under the provisions of the Marketing Act, 1968 (Act No. 59 of 1968): Provided that such allowance shall be included in the income of such agricultural co\u2013<\/em>operative in the following year of assessment; and<\/span><\/p>\n

[Paragraph (g) substituted by section 51 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 in the case of the vereniging defined in section 1 of the Wine and Spirit Control Act, 1970 (Act No. 47 of 1970), an allowance equal to so much of any amount which the said vereniging has, within the specified period in relation to the year of assessment, transferred from its profits for such year to a price stabilization fund for distribution to its members or winegrowers within a period not exceeding five years reckoned from the end of such year of assessment, as does not exceed an amount equal to that portion of the profits derived by such vereniging for that year of assessment in the exercise of its functions relating to the control of, and the stabilization of prices in, the wine industry;<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The aggregate of the allowances under subsection (2) (b) and section 13<\/a>(1) in respect of any building or improvements shall not exceed the cost (after the deduction of any amount referred to in subsection (4)) of such building or improvements, as the case may be, less the aggregate of any storage building initial allowance and any allowances made to the agricultural co\u2013<\/em>operative concerned in respect of such building or improvements, as the case may be, under section 11(g)<\/a>.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 If in any year of assessment there falls to be included in an agricultural co-operative\u2019s income in terms of paragraph (a) of section 8<\/a>(4) an amount, which has been recovered or recouped, in respect of any allowance made under subsection (2)(b) in respect of any building or improvements, such portion of the amount so recovered or recouped as is set off against the cost of a further building as hereinafter provided shall, notwithstanding the provisions of the said paragraph, at the option of that co-operative and provided it erects within twelve months or such further period as the Commissioner may allow from the date on which the event giving rise to the recovery or recoupment occurred, any other building to which the provisions of subsection (2)(b) apply, not be included in its income for that year of assessment, but shall be set off against so much of the cost to it of that further building erected by it as remains after the deduction of any portion of that cost in respect of which an allowance has been granted to that co-operative under section 11(g)<\/a>, whether in the current or any previous year of assessment.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where any agricultural co\u2013<\/em>operative (hereinafter referred to as the new co\u2013<\/em>operative) has before 1 April 1977 been constituted by an amalgamation under section 94 of the Co\u2013<\/em>operative Societies Act, 1939, of two or more other agricultural co\u2013<\/em>operatives and by reason of such amalgamation the ownership of any building used as a storage building by one of such other co\u2013<\/em>operatives (hereinafter referred to as the other co\u2013<\/em>operative) has passed from the other co\u2013<\/em>operative to the new co\u2013<\/em>operative \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an allowance may in the appropriate circumstances be granted under subsection (2) (b) to the new co\u2013<\/em>operative in respect of such building or any improvements (other than repairs) thereto if such allowance would have been granted to the other co\u2013<\/em>operative if the amalgamation had not been effected;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 where an allowance or deduction may be granted or allowed as contemplated in paragraph (a) or (b), the provisions of subsections (2) (b), (3) and (4) shall be applied as though the other co\u2013<\/em>operative and the new co\u2013<\/em>operative had at all relevant times been one co\u2013<\/em>operative.<\/span><\/p>\n

<\/p>\n

(5A) \u00a0 Where any agricultural co\u2013<\/em>operative has on or after 1 April 1977 and before the date of commencement of the Co\u2013<\/em>operatives Act, 1981, been constituted by an amalgamation under section 94 of the Co\u2013<\/em>operative Societies Act, 1939, of two or more other agricultural co\u2013<\/em>operatives, the said co\u2013<\/em>operative and such other co\u2013<\/em>operatives shall, for the purposes of assessments under this Act, be deemed to be and to have been one and the same agricultural co\u2013<\/em>operative.<\/span><\/p>\n

<\/p>\n

(5B)\u00a0\u00a0 Where any co\u2013<\/em>operative has on or after the date of commencement of the Co\u2013<\/em>operatives Act, 1981, come into being in pursuance of a conversion or amalgamation in terms of Chapter VIII of that Act, such co\u2013<\/em>operative and any company, co\u2013<\/em>operative or co\u2013<\/em>operatives out of which it so came into being shall, for the purposes of assessments under this Act for the year of assessment during which such co\u2013<\/em>operative came into being and subsequent years of assessment but subject to such conditions as the Commissioner may impose, be deemed to be and to have been one and the same co\u2013<\/em>operative.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(8)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0 The full amount of any bonus distributed by any agricultural co\u2013<\/em>operative shall, to the extent that such amount qualifies for deduction from the income of such co\u2013<\/em>operative under subsection (2) (a) or, if it is distributed out of the stabilization fund referred to in subsection (2) (h), be included in the gross income of the person who has become entitled thereto and shall be deemed to have accrued to such person on the date of the distribution of the bonus by such co\u2013<\/em>operative.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section the amount of any bonus distributed by way of capitalization shares or bonus debentures or securities shall be deemed to be the nominal value of such shares, debentures or securities, as the case may be.<\/span><\/p>\n","post_title":"Section 27 (ITA) - Determination of taxable income of co-operative societies and companies","collection_order":712,"collection":597,"post_modified":"2019-02-13 21:36:41","post_date":"2015-10-15 12:14:31"},{"ID":"1293","post_content":"

(9)\u00a0\u00a0\u00a0\u00a0 In this section \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

\u201cagricultural co\u2013<\/em>operative\u201d<\/strong> means any co\u2013<\/em>operative agricultural society or company or any farmers\u2019 special co\u2013<\/em>operative company, as defined in the Co\u2013<\/em>operative Societies Act, 1939;<\/p>\n","post_title":"\"Agricultural co-operative\" definition of section 27 of ITA","collection_order":713,"collection":597,"post_modified":"2019-02-13 21:36:48","post_date":"2015-10-15 12:14:31"},{"ID":"1295","post_content":"

\u201cbonus\u201d<\/strong> means any amount distributed by any co\u2013<\/em>operative society or company referred to in this section out of its profits or surplus for any year of assessment or, in the case of the vereniging referred to in paragraph (h) of subsection (2), out of the stabilization fund referred to in that paragraph, whether such amount is distributed in cash or by way of a credit or an award of capitalization shares or bonus debentures or securities, if such amount \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is divided among the persons entitled thereto in such manner that the amount accruing to each such person is determined in accordance with the value of the business transactions between such society or company and such person; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is distributed during the specified period in relation to such year of assessment or is distributed out of the stabilization fund referred to in subsection (2) (h);<\/span><\/p>\n","post_title":"\"Bonus\" definition of section 27 of ITA","collection_order":714,"collection":597,"post_modified":"2019-02-13 21:37:02","post_date":"2015-10-15 12:14:31"},{"ID":"1297","post_content":"

\u201cimprovements\u201d<\/strong>, in relation to any storage building, means any extension, addition or improvements (other than repairs) to a storage building which is or are effected for the purpose of increasing the capacity of the building for storing or packing pastoral, agricultural or other farm products or for carrying on therein any primary process in respect of any such products;<\/p>\n","post_title":"\"Improvements\" definition of section 27 of ITA","collection_order":715,"collection":597,"post_modified":"2019-02-13 21:37:13","post_date":"2015-10-15 12:14:31"},{"ID":"1299","post_content":"

\u201cprimary process\u201d<\/strong>, in relation to any product produced in the course of pastoral, agricultural or other farming operations, means the first process to which such product is subjected by an agricultural co\u2013<\/em>operative in order to render such product marketable or to convert such product into a marketable commodity, and includes any further process carried on by such co\u2013<\/em>operative which is so connected with the said first process that such first process and such further process or processes may be regarded as one process and to be necessary to convert such product into a marketable commodity;<\/p>\n","post_title":"\"Primary process\" definition of section 27 of ITA","collection_order":716,"collection":597,"post_modified":"2019-02-13 21:37:18","post_date":"2015-10-15 12:14:31"},{"ID":"1301","post_content":"

\u201cstorage building\u201d<\/strong>, in relation to any agricultural co\u2013<\/em>operative, means \u2013<\/em><\/p>\n

\u00a0<\/p>\n


<\/span><\/p>\n

(a) \u00a0 \u00a0 a building which is at any relevant time or during any relevant period wholly or mainly used by such co\u2013<\/em>operative for storing or packing pastoral, agricultural or other products produced by such co\u2013<\/em>operative\u2019s members or for carrying on therein any primary process in respect of such products; or<\/span><\/p>\n

\u00a0<\/p>\n

(b) \u00a0 \u00a0\u00a0a structure of a permanent nature which is at any relevant time or during any relevant period wholly or mainly used by such co\u2013<\/em>operative in connection with the fattening of livestock on behalf of the members of such co\u2013<\/em>operative:<\/span><\/p>\n

\u00a0<\/p>\n

Provided that for the purposes of this definition the members of a central co\u2013<\/em>operative agricultural company or central farmers\u2019 special co\u2013<\/em>operative company or federal co\u2013<\/em>operative agricultural company or federal farmers\u2019 special co\u2013<\/em>operative company, as defined in the Co\u2013<\/em>operative Societies Act, 1939, shall be deemed to include the members of any agricultural co\u2013<\/em>operative which itself is a member of such company.<\/p>\n","post_title":"\"Storage building\" definition of section 27 of ITA","collection_order":717,"collection":597,"post_modified":"2019-02-13 21:37:33","post_date":"2015-10-15 12:14:31"},{"ID":"1303","post_content":"

28. \u00a0 \u00a0Taxation of short-term insurance business<\/span><\/strong><\/p>\n","post_title":"Section 28 (ITA) - Taxation of short-term insurance business","collection_order":718,"collection":597,"post_modified":"2019-02-13 21:37:44","post_date":"2015-10-15 12:14:31"},{"ID":"20263","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

\u201cbranch policy\u201d <\/strong>means a policy contemplated in paragraph (c) of the definition of \u201cshort\u00adterm policy\u201d that is also a long\u00adterm policy as defined in section 1 of the Long\u00adterm Insurance Act\u037e<\/p>\n

[Definition of \u201cbranch policy\u201d inserted by section 33(1)(a) of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Branch policy\" definition of section 28 of ITA","collection_order":719,"collection":597,"post_modified":"2021-02-10 09:22:06","post_date":"2020-03-06 08:26:59"},{"ID":"1305","post_content":"

'premium\u2019<\/strong> means a premium as defined in the Short-term Insurance Act;<\/p>\n","post_title":"\"Premium\" definition of section 28 of ITA","collection_order":720,"collection":597,"post_modified":"2020-03-06 08:30:47","post_date":"2015-10-15 12:14:31"},{"ID":"1307","post_content":"

\u2018short-term insurance business\u2019<\/strong>\u00a0means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0short-term insurance business as defined in the Short-term Insurance Act;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0micro-insurance business as defined in\u00a0section 1\u00a0of the Insurance Act; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0business conducted by a foreign reinsurer as contemplated in paragraph (c) of the definition of \u2018short-term insurer\u2019<\/span><\/p>\n

[Definition of \u201cshort-term insurance business\u201d substituted by section 52 of Act 25 of 2015 (substitution by section 52 of Act 25 of 2015 deleted by section 107 of Act 23 of 2018 effective on 8 January 2016) and substituted by section 50 of Act 23 of 2018 effective on 1 July 2018, applies to years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"\"Short-term insurance business\" definition of section 28 of ITA","collection_order":721,"collection":597,"post_modified":"2020-05-27 19:42:21","post_date":"2015-10-15 12:14:31"},{"ID":"1309","post_content":"

\u2018short-term insurer\u2019<\/strong>\u00a0means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a company that is licensed under the Insurance Act and is conducting non-life insurance business as defined in that Act;<\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a021(1)(a)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a micro-insurer as defined in\u00a0section 1\u00a0of the Insurance Act; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a foreign reinsurer conducting insurance business through a branch in the Republic in terms of\u00a0section 6\u00a0of the Insurance Act;<\/span><\/p>\n

[Definition of \u201cshort-term insurer\u201d substituted by section 52 of Act 25 of 2015 (substitution by section 52 of Act 25 of 2015 deleted by section 107 of Act 23 of 2018 effective on 8 January 2016) and substituted by section 50 of Act 23 of 2018 effective on 1 July 2018, applies to years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"\"Short-term insurer\" definition of section 28 of ITA","collection_order":722,"collection":597,"post_modified":"2023-01-21 22:15:07","post_date":"2015-10-15 12:14:31"},{"ID":"1311","post_content":"

\u2018short-term policy\u2019<\/strong>\u00a0means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a short-term policy as defined in the Short-term Insurance Act;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a policy issued by a micro-insurer as defined in\u00a0section 1\u00a0of the Insurance Act; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a policy issued by a foreign reinsurer as contemplated in paragraph (c) in the definition of \u2018short-term insurer\u2019.<\/span><\/p>\n

[Definition of \u2018short-term policy\u2019 substituted by section 76 of Act 31 of 2013 and\u00a0section 52 of Act 25 of 2015 (substitution by section 52 of Act 25 of 2015 deleted by section 107 of Act 23 of 2018 effective on 8 January 2016) and substituted by section 50 of Act 23 of 2018 effective on 1 July 2018, applies to years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"\"Short-term policy\" definition of section 28 of ITA","collection_order":723,"collection":597,"post_modified":"2020-05-27 19:42:36","post_date":"2015-10-15 12:14:31"},{"ID":"1313","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0For the purpose of determining the taxable income derived during a year of assessment by any short-term insurer from carrying on short-term insurance business-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 50 of Act 23 of 2018 effective on 1 July 2018, applies to years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a premium received by or accrued to that person in respect of a short-term policy issued by that short-term insurer shall be deemed to be\u2014<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0an amount equal to the sum of insurance revenue for insurance contracts and net earned premiums for investment contracts, which are determined in accordance with IFRS as reported by the insurer to shareholders in the audited financial statements, other than any reinsurance due to a cell owner as contemplated in the definition of \u201ccell structure\u201d in section 1 of the Insurance Act, in respect of \u201cthird party risks\u201d as defined in that section of that Act, which is included in that insurance revenue in accordance with IFRS; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0premium income earned in relation to an investment contract entered into by a \u201ccell captive insurer\u201d as defined in section 1 of the Insurance Act in respect of \u201cfirst party risks\u201d as defined in that section of that Act, which does not form part of amounts contemplated in subparagraph (i);<\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a014(1)(a)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 .\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/span><\/p>\n

[Paragraph (b)\u00a0deleted by\u00a0section\u00a014(1)(b)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 an amount of expenditure payable by that short-term insurer in respect of any claim in terms of a short-term policy-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 may be deducted in terms of section 11(a)<\/a> to the extent that the amount has been paid by that short-term insurer; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent that the amount has been paid by the short-term insurer, sections 23(c) and 23H shall not apply to that expenditure; and<\/span><\/p>\n

[Paragraph (c)\u00a0amended by\u00a0section\u00a014(1)(b)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 section 23H<\/a> shall not apply to expenditure (other than expenditure contemplated in paragraph (c)) incurred in respect of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a short-term policy issued by that short-term insurer; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a policy of reinsurance if that short-term insurer is the holder of that policy;<\/span><\/p>\n

[Paragraph (d)\u00a0amended by\u00a0section\u00a014(1)(b)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 .\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/span><\/p>\n

[Subsection\u00a0(2)\u00a0amended by\u00a0section\u00a017\u00a0of\u00a0Act 90 of 1962, by\u00a0section\u00a022\u00a0of\u00a0Act 55 of 1966, by\u00a0section\u00a024\u00a0of\u00a0Act 89 of 1969, by\u00a0section\u00a022\u00a0of\u00a0Act\u00a094 of 1983, by\u00a0section\u00a042(a)-(e) of\u00a0Act\u00a035 of 2007, by\u00a0section\u00a040\u00a0of\u00a0Act\u00a060 of 2008, by\u00a0section\u00a040(1)(a)\u00a0of\u00a0Act\u00a017 of 2009\u00a0and by\u00a0section\u00a051(1)(a)\u00a0of\u00a0Act\u00a07 of 2010, substituted by\u00a0section\u00a061(1)(b)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and by\u00a0section\u00a076(1)(c)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and amended by\u00a0section\u00a050(1)(d)\u00a0of\u00a0Act 23 of 2018\u00a0deemed effective on 1 July, 2018 and applicable in respect of years of assessment ending on or after that date.\u00a0Paragraph (e)\u00a0deleted by\u00a0section\u00a014(1)(b)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(3) \u00a0\u00a0\u00a0Subject to subsection (3A) and notwithstanding section 23(e), for the purpose of determining the taxable income derived during any year of assessment by any short-term insurer from carrying on short-term insurance business, there shall be allowed as a deduction from the income of that short-term insurer an amount equal to the sum of liabilities for incurred claims relating to short-term insurance business in respect of the policies of the insurer, net of amounts recognised in respect of reinsurance contracts for liabilities for incurred claims, which are determined in accordance with IFRS as reported by the insurer to shareholders in the audited annual financial statements.<\/span><\/p>\n

[Subsection (3)\u00a0substituted by\u00a0section\u00a021(1)(b)\u00a0of\u00a0Act 88 of 1971, amended by\u00a0section\u00a025(1)(c)\u00a0of\u00a0Act 101 of 1990, substituted by\u00a0section\u00a033(b)\u00a0of\u00a0Act\u00a030 of 2000, deleted by\u00a0section\u00a042(f)\u00a0of\u00a0Act\u00a035 of 2007, inserted by\u00a0section\u00a061(1)(b)\u00a0of\u00a0Act\u00a022 of 2012, substituted by\u00a0section\u00a076(1)(c)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and by\u00a0section\u00a052(1)(d)\u00a0of\u00a0Act\u00a025 of 2015, amended by\u00a0section\u00a049(1)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section\u00a050(1)(e)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and substituted by\u00a0section\u00a033(1)(b)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and by\u00a0section\u00a014(1)(c)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(3A) \u00a0Notwithstanding section 23(e), for the purpose of determining the taxable income derived during any year of assessment by any foreign reinsurer conducting insurance business through a branch in the Republic in terms of section 6 of the Insurance Act in respect of a branch policy, there shall be allowed as a deduction from the income of that foreign reinsurer an amount in respect of liabilities determined in accordance with the formula-<\/span><\/p>\n

<\/p>\n

I = (L + LIC + DL) \u2013 DC + DR<\/p>\n

<\/p>\n

in which formula-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cI\u201d represents the amount to be determined;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cL\u201d represents the aggregate amounts of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0insurance contract liabilities;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0investment contract liabilities; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0reinsurance contract liabilities,<\/span><\/p>\n

<\/p>\n

reduced by-<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0insurance contract assets;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 reinsurance contract assets, and<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0liability for incurred claims contemplated in paragraph (c),<\/span><\/p>\n

<\/p>\n

the amounts of which are determined in accordance with IFRS as annually reported by the insurer to shareholders in the audited annual financial statements in respect of branch policies:\u00a0Provided that any amount that is payable to or receivable from a cell owner, referred to in the definition of \u2018cell structure\u2019 in section 1 of the Insurance Act, in respect of \u2018third party risks\u2019 as defined in that section of that Act, must be disregarded: Provided further that the amount may not be less than zero;<\/span><\/p>\n

[Paragraph (b)\u00a0amended by\u00a0section 31(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cLIC\u201d represents the amount of the liability for incurred claims determined in accordance with IFRS 17 in respect of the policies of the insurer, net of amounts recognised in reinsurance contracts for liabilities for incurred claims, which are determined in accordance with IFRS as annually reported by the insurer to shareholders in the audited annual financial statements;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cDL\u201d represents the amount of deferred tax liabilities, determined in accordance with IFRS as annually reported by the insurer to shareholders in the audited annual financial statements, in respect of branch policies;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cDC\u201d represents the amount of deferred acquisition costs determined in accordance with IFRS as annually reported by the insurer to shareholders in the audited financial statements in respect of branch policies; and<\/span><\/p>\n

<\/p>\n

f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u201cDR\u201d represents the amount of deferred revenue determined in accordance with IFRS as annually reported by the insurer to shareholders in the audited financial statements in respect of branch policies.<\/span><\/p>\n

[Subsection (3A)\u00a0inserted by\u00a0section\u00a033(1)(c)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and substituted by\u00a0section\u00a014(1)(d)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(3B)<\/span><\/p>\n

<\/p>\n

(a) \u00a0\u00a0\u00a0\u00a0Where a person transfers short-term insurance policies as part of any short-term insurance business to another short-term insurer carrying on or to be carrying on short-term insurance business, that person may for purposes of section 11(a)<\/a> deduct an amount equal to liabilities on investment contracts relating to short-term insurance business and amounts of insurance liabilities relating to premiums and claims transferred to the other short-term insurer.<\/span><\/p>\n

<\/p>\n

(b) \u00a0\u00a0\u00a0\u00a0An amount contemplated in paragraph (a) must be included in the income of the short-term insurer to which the liabilities were transferred as described in paragraph (a).<\/span><\/p>\n

[Subsection (3B)\u00a0inserted by\u00a0section\u00a021(1)(b)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(3C) \u00a0For the purpose of determining the taxable income derived by any short-term insurer from carrying on short-term insurance business, the short-term insurer must, in the first year of assessment commencing on or after 1 January 2023-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0include in its income an amount equal to the difference between amounts recoverable by that short-term insurer in respect of claims incurred under a short-term policy issued by that short-term insurer at the end of the lastest year of assessment commencing on or after 1 January 2022, but before 1 January 2023, that has not been received by that short-term insurer by the end of that year of assessment;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0deduct the liabilities for remaining coverage, net of reinsurance, calculated for the latest year of assessment commencing on or after 1 January 2022, but before 1 January 2023, had IFRS 17 been applied at the end of that year of assessment; and<\/span><\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section 31(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0deduct the net amounts of insurance premium or reinsurance premium debtors, and amounts of reinsurance premium payable, taken into account in determining the liabilities for remaining coverage at the end of the lastest year of assessment commencing on or after 1 January 2022, but before 1 January 2023, had IFRS 17 been applied at the end of that year of assessment.<\/span><\/p>\n

[Subsection (3C)\u00a0inserted by\u00a0section\u00a014(1)(e)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(3D)<\/span><\/p>\n

<\/p>\n

(a) \u00a0\u00a0\u00a0\u00a0For the purposes of determining the taxable income derived by any short-term insurer from carrying on short-term insurance business, there shall be allowed as a deduction from the income of that short-term insurer in respect of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the first year of assessment commencing on or after 1 January 2023, 66.7 per cent of the phasing-in amount as determined under paragraph (c); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the second year of assessment commencing on or after 1 January 2023, 33.3 per cent of the phasing-in amount as determined under paragraph (c):<\/span><\/p>\n

<\/p>\n

Provided that where an insurer ceases to conduct business during any year of assessment contemplated in\u00a0subparagraphs (i)\u00a0and\u00a0(ii), the amount to be deducted in respect of the phasing-in amount in respect of that year of assessment must be nil.<\/p>\n

<\/p>\n

(b) \u00a0\u00a0\u00a0\u00a0For the purposes of determining the taxable income derived by any short-term insurer from carrying on any short-term insurance business, there shall be included in the income of that short-term insurer in respect of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the first year of assessment commencing on or after 1 January 2023, 66.7 per cent of the phasing-in amount as determined under paragraph (d); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the second year of assessment commencing on or after 1 January 2023, 33.3 per cent of the phasing-in amount as determined under paragraph (d):<\/span><\/p>\n

<\/p>\n

Provided that where an insurer ceases to conduct business during any year of assessment contemplated in\u00a0subparagraphs (i)\u00a0and\u00a0(ii), the amount to be included in respect of the phasing-in amount in respect of that year of assessment must be nil.<\/p>\n

<\/p>\n

(c) \u00a0\u00a0\u00a0\u00a0For purposes of paragraph (a), \u2018phasing-in amount\u2019 means the amount by which the amount of the deduction under subsection (3) or (3A), for the latest year of assessment commencing on or after 1 January 2022, but before 1 January 2023, exceeds the amount of the deduction under subsection (3) or (3A) for the latest year of assessment commencing on or after 1 January 2022, but before 1 January 2023, had IFRS 17 and subsection 3 or (3A) as amended by the Taxation Laws Amendment Act, 2022, been applied at the end of that year of assessment, reduced by the difference between-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the amount of insurance premium debtors and reinsurance premium debtors; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of reinsurance premiums payable,<\/span><\/p>\n

<\/p>\n

at the end of the latest year of assessment commencing on or after 1\u00a0January 2022, but before 1\u00a0January 2023, had IFRS\u00a017 been applied, other than amounts forming part of the liability for incurred claims, and increased by the amount determined under\u00a0subsection (3C)(a)<\/p>\n

<\/p>\n

(d) \u00a0\u00a0\u00a0\u00a0For purposes of paragraph (b), \u2018phasing-in amount\u2019 means the amount by which the amount of the deduction under subsection (3) or (3A) for the latest year of assessment commencing on or after 1 January 2022, but before 1 January 2023, had IFRS 17 and subsection (3) or (3A), as amended by the Taxation Laws Amendment Act, 2022, been applied at the end of that year of assessment exceeds the amount of the deduction under subsection (3) or (3A), for the latest year of assessment commencing on or after 1 January 2022, but before 1 January 2023, increased by the difference between-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the amount of insurance premium debtors and reinsurance premium debtors; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of reinsurance premiums payable, at the end of the latest year of assessment commencing on or after 1 January 2022, but before 1 January 2023, had IFRS 17 been applied, other than amounts forming part of the liability for incurred claims,<\/span><\/p>\n

<\/p>\n

and reduced by the amount determined under\u00a0subsection (3C)(a).<\/p>\n

[Subsection (3D)\u00a0inserted by\u00a0section\u00a014(1)(e)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(4)<\/span><\/p>\n

<\/p>\n

(a) \u00a0\u00a0\u00a0\u00a0The total of all amounts deducted from the income of a short-term insurer in respect of a year of assessment in terms of subsections (3), (3A) and (3D)(a) shall be included in the income of that short-term insurer in the immediately following year of assessment.<\/span><\/p>\n

<\/p>\n

(b) \u00a0\u00a0\u00a0\u00a0The amount included in the income of a short-term insurer in respect of a year of assessment in terms of subsection (3D)(b) shall be deducted from the income of that short-term insurer in the immediately following year of assessment.<\/span><\/p>\n

[Subsection (4)\u00a0amended by\u00a0section\u00a019(1)\u00a0of\u00a0Act\u00a065 of 1973\u00a0and by\u00a0section\u00a033(c)\u00a0and\u00a0(d)\u00a0of\u00a0Act\u00a030 of 2000, deleted by\u00a0section\u00a042(f)\u00a0of\u00a0Act\u00a035 of 2007, inserted by\u00a0section\u00a061(1)(b)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and substituted by\u00a0section\u00a076(1)(c)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section\u00a021(1)(c)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and by\u00a0section\u00a014(1)(f)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(5) \u00a0\u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/p>\n

[Subsection (5)\u00a0added by\u00a0section\u00a042(g)\u00a0of\u00a0Act\u00a035 of 2007, substituted by\u00a0section\u00a076(1)(c)\u00a0of\u00a0Act\u00a031 of 2013\u00a0deemed effective on 1\u00a0January, 2013 and applicable in respect of years of assessment commencing on or after that date and deleted by\u00a0section\u00a061(1)(c)\u00a0of\u00a0Act\u00a022 of 2012\u00a0effective on 1\u00a0January, 2014 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (7) added by section 40 of Act 17 of 2009, amended by section 51 of Act 7 of 2010 and section 61 of Act 22 of 2012 and deleted by section 52 of Act 25 of 2015 effective on the date on which the Insurance Act 2016, comes into operation, 1 July 2018,\u00a0and apply to years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (8) added by section 40 of Act 17 of 2009, amended by section 61 of Act 22 of 2012 and deleted by section 52 of Act 25 of 2015 effective on the date on which the Insurance Act 2016, 1 July 2018, comes into operation and apply to years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (9) added by section 40 of Act 17 of 2009, substituted by section 51 of Act 7 of 2010 and section 61 of Act 22 of 2012 and deleted by section 52 of Act 25 of 2015 effective on the date on which the Insurance Act 2016, comes into operation, 1 July 2018, and apply to years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (10) added by section 40 of Act 17 of 2009 and deleted by section 52 of Act 25 of 2015 effective on the date on which the Insurance Act 2016, comes into operation, 1 July 2018, and apply to years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(11)\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (11) added by section 40 of Act 17 of 2009, and deleted by section 52 of Act 25 of 2015 effective on the date on which the Insurance Act 2016, comes into operation, 1 July 2018, and apply to years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5, 7, 8, 9, 10 and 11 of section 28 of ITA","collection_order":724,"collection":597,"post_modified":"2024-01-26 11:48:35","post_date":"2015-10-15 12:14:31"},{"ID":"1315","post_content":"

29A.\u00a0\u00a0\u00a0 Taxation of long\u2013<\/em>term insurers<\/span><\/strong><\/p>\n


<\/span><\/strong><\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this section-<\/span><\/p>\n","post_title":"Section 29A (ITA) - Taxation of long-term insurers","collection_order":725,"collection":597,"post_modified":"2019-02-13 21:38:23","post_date":"2015-10-15 12:14:31"},{"ID":"10817","post_content":"

\u201cadjusted IFRS value\u201d<\/strong>, in respect of a policyholder fund or the risk policy fund, means an amount, which may not be less than zero, and which must be calculated in accordance with the formula-<\/p>\n

<\/p>\n

I = (L + LIC + DL + PF) \u2013 PT\u2013 DC + DR<\/p>\n

<\/p>\n

in which formula-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cI\u201d represents the amount to be determined;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cL\u201d represents, in respect of policies of the insurer, the aggregate amounts of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0insurance contract liabilities;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0investment contract liabilities; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0reinsurance contract liabilities,<\/span><\/p>\n

<\/p>\n

reduced by-<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0insurance contract assets;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 reinsurance contract assets, and<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0liability for incurred claims contemplated in paragraph (c),<\/span><\/p>\n

<\/p>\n

the amounts of which are determined in accordance with IFRS as annually reported by the insurer to shareholders in the audited annual financial statements:\u00a0Provided that any amount that is payable to or receivable from a cell owner, referred to in the definition of \u2018cell structure\u2019 in section 1 of the Insurance Act, in respect of \u201cthird party risks\u201d as defined in that section of that Act, must be disregarded: Provided further that the amount may not be less than zero;<\/span><\/p>\n

[Paragraph (b)\u00a0amended by\u00a0section 32(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cLIC\u201d represents the amount of the liability for incurred claims determined in accordance with IFRS 17 in respect of the policies of the insurer, net of amounts recognised in reinsurance contracts for liabilities for incurred claims, which are determined in accordance with IFRS as annually reported by the insurer to shareholders in the audited annual financial statements, in respect of policies allocated to that fund;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cDL\u201d represents for a policyholder fund the amount of deferred tax liabilities, determined in accordance with IFRS as annually reported by the insurer to shareholders in the audited annual financial statements, in respect of assets allocated to that policyholder fund;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cPF\u201d represents the amount calculated in terms of subsection (14) if a phasing-in amount is determined in terms of subsection (15)(a);<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u201cPT\u201d represents the amount calculated in terms of subsection (14) if a phasing-in amount is determined in terms of subsection (15)(b);<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cDC\u201d represents for a policyholder fund the amount of deferred acquisition costs determined in accordance with IFRS as annually reported by the insurer to shareholders in the audited financial statements; and<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cDR\u201d represents for a policyholder fund the amount of deferred revenue determined in accordance with IFRS as annually reported by the insurer to shareholders in the audited financial statements;<\/span><\/p>\n

[Definition of \u201cadjusted IFRS value\u201d (insertion by section 47(1)(a) of Act 43 of 2014 deleted by section 101(1)(a) of Act 15 of 2016) inserted by section 50(1)(a) of Act 15 of 2016 and substituted by section 46(1)(a) of Act 17 of 2017 and by section 15(1)(a) of Act 20 of 2022 effective on 1 January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Adjusted IFRS value\" definition of section 29A of ITA","collection_order":726,"collection":597,"post_modified":"2024-01-12 11:34:41","post_date":"2017-06-08 14:54:56"},{"ID":"1317","post_content":"

\u201cbusiness\u201d<\/strong> means any long\u2013<\/em>term insurance business as defined in section 1 of the Long\u2013<\/em>term Insurance Act;<\/p>\n","post_title":"\"Business\" definition of section 29A of ITA","collection_order":727,"collection":597,"post_modified":"2021-03-30 07:33:10","post_date":"2015-10-15 12:14:31"},{"ID":"1319","post_content":"

\u201cinsurer\u201d\u00a0<\/strong>means a company that is licensed under the Insurance Act and is conducting life insurance business as defined in that Act, other than a foreign reinsurer conducting insurance business through a branch in the Republic in terms of\u00a0section 6\u00a0of that Act;<\/p>\n

[Definition of \u201cinsurer\u201d substituted by\u00a0section\u00a034(a)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and by\u00a0section\u00a022(a)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n","post_title":"\"Insurer\" definition of section 29A of ITA","collection_order":728,"collection":597,"post_modified":"2023-01-21 22:49:37","post_date":"2015-10-15 12:14:31"},{"ID":"1321","post_content":"

\u201cmarket value\u201d<\/strong>, in relation to any asset, means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount which a person having the right freely to dispose of such asset might reasonably expect to obtain from a sale of such asset in the open market; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0where an asset cannot be sold in the open market, an amount equal to the value at which that asset is recognised in the audited annual financial statements of the insurer;<\/span><\/p>\n

[Definition of \u201cmarket value\u201d substituted by\u00a0section 30\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n","post_title":"\"Market value\" definition of section 29A of ITA","collection_order":729,"collection":597,"post_modified":"2022-02-05 20:41:40","post_date":"2015-10-15 12:14:31"},{"ID":"14155","post_content":"

\u201cnegative liability\u201d<\/strong>, in respect of a long-term policy, means the amount by which the expected present value of future premiums exceeds the expected present value of future benefits to policyholders and expenses;<\/p>\n

[Definition of \u201cnegative liability\u201d inserted by section 53(1)(a) of Act 25 of 2015 and substituted by section 46(1)(b) of Act 17 of 2017 deemed effective on 1 July 2018 and applicable in respect of years of assessment ending on or after that date - effective date in terms of section 53(2) of Act 25 of 2015 as substituted by section 108(1) of Act 23 of 2018 and effective date in section 46(2) of Act 17 of 2017 as substituted by section 114(1)(a) of Act 23 of 2018)]<\/span><\/p>\n","post_title":"\"Negative liability\" definition of 29A of ITA","collection_order":730,"collection":597,"post_modified":"2021-08-05 20:17:31","post_date":"2018-07-06 11:04:43"},{"ID":"1323","post_content":"

\u201cowner\u201d<\/strong>, in relation to a policy, means the person who is entitled to enforce any benefit provided for in the policy: Provided that where a policy has been \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 ceded or pledged solely for the purpose of providing security for the performance of any obligation, the owner shall be the person who retains the beneficial interest in such policy; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 reinsured by one insurer with another insurer, the reinsurance policy shall be deemed to be owned by the owner of the insurance policy so insured;<\/span><\/p>\n","post_title":"\"Owner\" definition of section 29A of ITA","collection_order":731,"collection":597,"post_modified":"2020-03-06 08:42:19","post_date":"2015-10-15 12:14:31"},{"ID":"1325","post_content":"

\u201cpolicy\u201d <\/strong>means a long\u00adterm policy as defined in section 1 of the Long\u00adterm Insurance Act, other than a policy issued by a foreign reinsurer conducting insurance business through a branch in the Republic in terms of section 6 of the Insurance Act\u037e<\/p>\n

[Definition of \u201cpolicy\u201d substituted by section 34(b) of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Policy\" definition of section 29A of ITA","collection_order":732,"collection":597,"post_modified":"2021-02-10 09:22:32","post_date":"2015-10-15 12:14:31"},{"ID":"1327","post_content":"

\u201cpolicyholder fund\u201d<\/strong> means any fund contemplated in subsection (4)(a), (b) or (c);<\/p>\n","post_title":"\"Policyholder fund\" definition of section 29A of ITA","collection_order":733,"collection":597,"post_modified":"2020-03-06 08:45:21","post_date":"2015-10-15 12:14:31"},{"ID":"10819","post_content":"

\u201crisk policy\u201d<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0any policy issued by the insurer during any year of assessment of that insurer commencing on or after 1 January 2016 under which the benefits payable-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0cannot exceed the amount of premiums receivable, except where all or substantially the whole of the policy benefits are payable due to death, disablement, illness or unemployment and excludes a contract of insurance in terms of which annuities are being paid; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0other than benefits payable due to death, disablement, illness or unemployment, cannot exceed the amount of premiums receivable and excludes a contract of insurance in terms of which annuities are being paid; or<\/span><\/p>\n

[Paragraph (a) substituted by section 50 of Act 15 of 2016 effective on 1 January 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any policy in respect of which an election has been made as contemplated in subsection (13B);<\/span><\/p>\n

[Definition of \u201crisk policy\u201d inserted by section 47 of Act 43 of 2014 effective on 1 January 2016, substituted by section 53 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"\"Risky policy\" definition of section 29A of ITA","collection_order":734,"collection":597,"post_modified":"2020-03-06 08:43:00","post_date":"2017-06-08 14:56:09"},{"ID":"10821","post_content":"

\u201crisk policy fund\u201d<\/strong> means the fund contemplated in subsection 4(e);<\/p>\n

[Definition of \u2018risk policy fund\u2019 inserted by section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n","post_title":"\"Risky policy fund\" definition of section 29A of ITA","collection_order":735,"collection":597,"post_modified":"2020-03-06 08:43:21","post_date":"2017-06-08 14:57:59"},{"ID":"1329","post_content":"

\u201cvalue of liabilities\u201d\u00a0<\/strong>means, in respect of a policyholder fund and a risk policy fund the adjusted IFRS value plus so much of all other liabilities allocated to that fund that have not been taken into account in determining the adjusted IFRS value:<\/p>\n


<\/span><\/p>\n

Provided that any amount that is payable to or receivable from a cell owner, referred to in the definition of \u201ccell structure\u201d in\u00a0section 1\u00a0of the Insurance Act, in respect of \u2018third party risks\u2019, as defined in that section of that Act, must be disregarded.<\/span><\/p>\n

[Definition of \u201cvalue of liabilities\u201d substituted by\u00a0section\u00a047(1)(c)\u00a0of\u00a0Act\u00a043 of 2014, by\u00a0section\u00a050(1)(c)\u00a0of\u00a0Act\u00a015 of 2016, by\u00a0section\u00a053(1)(c)\u00a0of\u00a0Act\u00a025 of 2015(effective date in\u00a0section\u00a053(2)\u00a0of\u00a0Act\u00a025 of 2015\u00a0as substituted by\u00a0section\u00a0108(1)\u00a0of\u00a0Act\u00a023 of 2018) and by\u00a0section\u00a015(1)(b)\u00a0of\u00a0Act\u00a020 of 2022\u00a0and amended by\u00a0section 32(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Value of liabilities\" definition of section 29A of ITA","collection_order":736,"collection":597,"post_modified":"2024-01-12 11:36:03","post_date":"2015-10-15 12:14:31"},{"ID":"22548","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 The taxable income derived by any insurer in respect of any year of assessment commencing on or after 1 January 2000, shall be determined in accordance with the provisions of this Act, but subject to the provisions of this section and section 29B<\/a>.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Every insurer shall establish five separate funds as contemplated in subsection (4), and shall thereafter maintain such funds in accordance with the provisions of this section and\u00a0section 29B<\/a>.<\/span><\/span><\/p>\n

[Subsection (3) amended by section 23 of Act 20 of 2006 and substituted by section 62 of Act 22 of 2012 and section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The funds referred to in subsection (3) shall be \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a fund, to be known as the untaxed policyholder fund, in which shall be placed assets having a market value equal to the value of liabilities determined in relation to \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 business other than business relating to a risk policy carried on by the insurer with; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any policy other than a risk policy, of which the owner is,<\/span><\/p>\n

<\/p>\n

any pension fund, pension preservation fund, provident fund, provident preservation fund, retirement annuity fund or benefit fund,<\/p>\n

[Subparagraph (i) substituted by section 21 of Act 3 of 2008 and section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any policy, other than a risk policy, of which the owner is a person where any amount constituting gross income of whatever nature would be exempt from tax in terms of section 10<\/a> were it to be received by or accrue to that person : Provided that an insurer shall not deal with a policy in terms of the provisions of this subparagraph unless it has satisfied itself beyond all reasonable doubt that the owner of such policy is such a person or body;<\/span><\/p>\n

[Subparagraph (ii) amended by section 16 of Act 16 of 2004]<\/span><\/p>\n

[Words preceding the proviso subtituted by section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 any annuity contracts entered into by it in respect of which annuities are being paid;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 any policy that is a tax free investment as contemplated in section 12T<\/a>.<\/span><\/p>\n

[Subparagraph (iv) added by section 47 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a fund, to be known as the individual policyholder fund, in which shall be placed assets having a market value equal to the value of liabilities determined in relation to any policy, (other than a policy contemplated in paragraphs (a) or (e)) of which the owner is any person other than a company;<\/span><\/p>\n

[Paragraph (b) substituted by section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a fund, to be known as the company policyholder fund, in which shall be placed assets having a market value equal to the value of liabilities determined in relation to any policy (other than a policy contemplated in paragraphs (a) or (e)) of which the owner is a company;<\/span><\/p>\n

[Paragraph (c) substituted by section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 a fund, to be known as a corporate fund in which shall be placed all the assets held by the insurer and all liabilities owned by it, other than assets and liabilities contemplated in paragraph (a), (b), (c) and (e); and<\/span><\/p>\n

[Paragraph (d) substituted by section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 a fund, to be known as a risk policy fund, in which shall be placed assets having a market value equal to the value of liabilities determined in relation to any risk policy.<\/span><\/p>\n

[Paragraph (e) added by section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 For the purposes of subsection (4), where the owner of a policy is the trustee of any trust or where two or more owners jointly own a policy \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if all the beneficiaries in such trust or all such joint owners are funds, persons or bodies contemplated in subsection (4)(a), the owner of such policy shall be deemed to be such a fund, person or body, as the case may be; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where paragraph (a) is not applicable and all the beneficiaries in such trust or all such joint owners are persons other than a company, the owner of such policy shall be deemed to be a person other than a company; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 where paragraphs (a) and (b) are not applicable, the owner of such policy shall be deemed to be a company.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 An insurer who becomes aware that, in consequence of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a change of ownership of any policy issued by it;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any change affecting the status of the owner of any policy; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 an annuity becoming payable in terms of a policy,<\/span><\/p>\n

<\/p>\n

the assets held by it in relation to such policy should in terms of the provisions of subsection (4) be held in a fund other than the fund in which such assets are actually held, shall forthwith transfer from such last-mentioned fund to such first-mentioned fund assets having a market value equal to the value of liabilities determined on the date of such transfer in relation to the said policy.<\/p>\n

[Subsection (6) substituted by section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(7) \u00a0 \u00a0 Every insurer shall within a period of three months after the end of every year of assessment redetermine the value of liabilities in relation to each of its policyholder funds and its risk policy fund as at the last day of that year of assessment, and-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the market value of the assets actually held by it in any such fund exceeds the value of liabilities in relation to such fund on such last day, it shall within that period transfer from such fund to its corporate fund assets having a market value equal to such excess; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the market value of the assets actually held by it in any such fund is less than the value of liabilities in relation to such fund on such last day, it shall within that period transfer from its corporate fund to such fund assets having a market value equal to the shortfall,<\/span><\/p>\n

<\/p>\n

and such transfer shall be made with effect from that day and for the purposes of this section be deemed to have been made on such last day.<\/p>\n

[Subsection (7) amended by section 62 of Act 22 of 2012 and substituted by section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 Any transfer of an asset effected by an insurer between one fund and another fund shall be effected by way of a disposal of such asset at the market value thereof and shall for the purposes of this Act be treated as an acquisition or disposal of such asset, as the case may be, in each such fund.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 Subject to the provisions of subsection (11) (d), there shall be exempt from tax any income received by or accrued to an insurer from assets held by it in, and business conducted by it in relation to, its untaxed policyholder fund.<\/span><\/p>\n

<\/p>\n

(10) \u00a0 The taxable income derived by an insurer in respect of its individual policyholder fund, its company policyholder fund, its corporate fund and its risk policy fund shall be determined separately in accordance with the provisions of this Act as if each such fund had been a separate taxpayer and the individual policyholder fund, company policyholder fund, untaxed policyholder fund, corporate fund and its risk policy fund shall be deemed to be separate companies which are connected persons in relation to each other for the purposes of subsections (6), (7) and (8) and sections 20<\/a>, 24I<\/a>, 24J<\/a>, 24K<\/a>, 24L<\/a>, 26A<\/a> and 29B<\/a> and the Eighth Schedule<\/a> to this Act.<\/span><\/p>\n

[Subsection (10) substituted by section 15 of Act 5 of 2001, section 39 of Act 60 of 2001, section 62 of Act 22 of 2012 and section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(11) \u00a0 In the determination of the taxable income derived by an insurer in respect of its individual policyholder fund, its company policyholder fund, its corporate fund and its risk policy fund in respect of any year of assessment-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount of any expenses, allowances and transfers to be allowed as a deduction in the policyholder funds in terms of this Act shall be limited to the total of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the amount of expenses and allowances directly attributable to the income of such fund;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 such percentage of the amount of \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 all expenses allocated to such fund which are directly incurred during such year of assessment in respect of the selling and administration of policies; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 all expenses and allowances allocated to such fund which are not included in subparagraph (i), but excluding any expenses directly attributable to any amounts received or accrued which do not constitute income as defined in section 1<\/a>,<\/span><\/p>\n

<\/p>\n

which percentage shall be determined in accordance with the formula<\/p>\n

<\/p>\n

Y = X + U<\/span><\/p>\n

Z<\/p>\n

<\/p>\n

in which formula-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 \u201cY\u201d represents the percentage to be applied to such amount;<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 \u201cX\u201d represents an amount which would have been equal to the taxable income calculated in respect of such fund in respect of such year of assessment before taking into account any deduction during such year of-<\/span><\/p>\n

<\/p>\n

(AA) \u00a0any amount incurred in respect of the selling and administration of policies;<\/span><\/p>\n

<\/p>\n

(BB)\u00a0 any indirect expenses allocated to such fund;<\/span><\/p>\n

<\/p>\n

(CC)\u00a0 the balance of assessed losses as contemplated in section 20<\/a>(1)(a); and<\/span><\/p>\n

<\/p>\n

(DD) any amount determined in terms of subparagraph (iii);<\/span><\/p>\n

<\/p>\n

(C)\u00a0\u00a0\u00a0 \u201cU\u201d represents the amount determined under subitem (DD) of item (D) multiplied by 0.4 in the case of the individual policyholder fund and 0.8 in the case of the company policyholder fund; and<\/span><\/p>\n

[Item (C) substituted by\u00a0section\u00a053(1)(d)\u00a0of\u00a0Act\u00a025 of 2015\u00a0and by\u00a0section\u00a08(1)\u00a0of\u00a0Act\u00a013 of 2016\u00a0deemed effective on 1\u00a0March, 2016 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(D)\u00a0\u00a0\u00a0 \u201cZ\u201d represents an amount equal to the amount represented by X in the formula, plus-<\/span><\/p>\n

<\/p>\n

(AA) \u00a0the aggregate amount of all dividends that are exempt from normal tax and that are received in respect of such fund during such year;<\/span><\/p>\n

<\/p>\n

(BB)\u00a0 the aggregate amount of all foreign dividends received in respect of such fund during such year, less any amount of that aggregate amount that is included in taxable income;<\/span><\/p>\n

<\/p>\n

(CC)\u00a0 any portion of the aggregate capital gain in respect of such fund and in respect of such year that is not, by virtue of paragraph 10<\/a> of the Eighth Schedule<\/a>, included in the taxable income in respect of such fund and in respect of such year; and<\/span><\/p>\n

<\/p>\n

(DD)\u00a0\u00a0the aggregate amount of the differences between the market value as defined in section 29B<\/a> and the expenditure incurred in respect of all assets allocated to the fund at the end of the year of assessment, reduced by the amount determined in terms of this subitem for the immediately preceding year of assessment: Provided that if the resultant aggregate amount is negative the amount shall be deemed to be nil; and<\/span><\/p>\n

[Sub-item (DD) substituted by\u00a0section\u00a022(b)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

[Item (bb) amended by section 62 of Act 22 of 2012 and section 77 of Act 31 of 2013 and substituted by section 47 of Act 43 of 2014 effective on 1 January 2013]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0such percentage, determined in accordance with the formula contemplated in subparagraph (ii), of 30 per cent of the amount transferred from the policyholder fund in terms of subsection (7)(a), to the extent that the amount of such transfer is required to be included in the income of the corporate fund during such year of assessment in terms of paragraph (d)(i) of this subsection: : Provided that the amount of the deduction in terms of this subparagraph shall not exceed the taxable income of the policyholder fund before deducting an amount in terms of this subparagraph;<\/span><\/p>\n

[Words preceding the proviso substituted by section 62 of Act 22 of 2012 effective on 1 January 2013]<\/span><\/p>\n

[Proviso substituted by section 50 of Act 15 of 2016 effective on 1 January 2016\u00a0effective on 1 January 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bA)\u00a0 a deduction is allowed in determining the taxable income of the risk policy fund of an amount equal to the taxable income before allowing a deduction under this paragraph: Provided that the risk policy fund is deemed not to have incurred any assessed loss during the year of assessment;<\/span><\/p>\n

[Paragraph (bA) inserted by section 47(1)(o) of Act 43 of 2014 and substituted by section 46(1)(c) of Act 17 of 2017 deemed effective on 1 January 2016 and applicable in respect of years of assessment commencing on or after that date \u2013 effective date in terms of section 46(3) of Act 17 of 2017 as substituted by section 114(1)(b) of Act 23 of 2018)]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any amount required to be transferred \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 to the corporate fund in terms of the provisions of subsection (7)(a) shall be included in the income of the corporate fund; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 from the corporate fund in terms of the provisions of subsection (7)(b) shall not be deducted from the income of the corporate fund,<\/span><\/p>\n

<\/p>\n

for purposes of determining the taxable income of such fund for the year of assessment in respect of which the value of liabilities in relation to its policyholder funds or risk policy fund was redetermined in terms of that subsection: Provided that where any amount is transferred from the corporate fund to any policyholder fund or risk policy fund as contemplated in subparagraph (ii), any subsequent transfers from the policyholder fund or risk policy fund to the corporate fund of any amounts which in the aggregate do not exceed the total amount of such transfer, shall not be included in the income of the corporate fund in terms of the provisions of subparagraph (i) of this paragraph;<\/p>\n

[Words following subparagraph (ii) substituted by section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 subject to the provisions of paragraphs (a)(iii) and (bA), no amount transferred to or from the corporate fund in terms of the provisions of subsection (7) shall be deducted from or included in the income of the policyholder fund or risk policy fund from or to which such amount was transferred, as the case may be;<\/span><\/p>\n

[Paragraph (e) substituted by section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 the amount of any transfer contemplated in subsection (6) or (8) shall not be deducted from the income of the fund from which it is transferred and shall not be included in the income of the fund to which it is transferred;<\/span><\/p>\n

<\/p>\n

(g)<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 premiums and claims in respect of a policy entered into between that insurer and a person other than a resident other than premiums and claims in respect of a risk policy;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 premiums and reinsurance claims received and claims and reinsurance premiums paid in respect of policies, other than policies contemplated in subparagraph (i) or risk policies;<\/span><\/p>\n

<\/p>\n

shall be disregarded: Provided that where an amount in respect of a claim is received by or accrues to an insurer in respect of a policy (other than a policy that would have constituted a risk policy had that policy been concluded on 1 January 2016) entered into between that insurer and a person other than a resident, there must be included in the gross income of the policyholder fund associated with that policy an amount equal to that claim less the aggregate amount of premiums incurred or paid in terms of that policy which relates to that claim;<\/p>\n

\u00a0[Paragraph (g) amended by section 62 of Act 22 of 2012 effective on 1 January 2013 and section 47 of Act 43 of 2014 effective on 1 January 2016 \u2013 date of operation section 47 of Act 43 of 2014 as substituted by section 152 of Act 25 of 2015 \u2013 substituted by section 47 of Act 43 of 2014 effective on 1 January 2016 and section 53 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0\u00a0no amount may be deducted, other than in the corporate fund or risk policy fund, by way of an allowance in respect of an asset as defined in the\u00a0Eighth Schedule<\/a>\u00a0other than a financial instrument.<\/span><\/p>\n

[Paragraph (h) added by section 62 of Act 22 of 2012 and substituted by section 77 of Act 31 of 2013 and\u00a0section 50 of Act 15 of 2016\u00a0effective on 1 January 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(12)\u00a0\u00a0\u00a0In the allocation of any receipt, accrual, asset, expenditure, liability or payment to any fund contemplated in subsection (4), an insurer shall, when establishing such fund and at all times thereafter-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent to which such receipt, accrual, asset, expenditure, liability or payment relates exclusively to business conducted by it in any one fund, allocate such receipt, accrual, asset, expenditure, liability or payment to that fund; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent to which such receipt, accrual, asset, expenditure, liability or payment does not relate exclusively to business conducted by it in any one fund, allocate such receipt, accrual, asset, expenditure, liability or payment in a manner which is consistent with and appropriate to the manner in which its business is conducted.<\/span><\/p>\n

[Subsection (12) substituted by section 47 of Act 43 of 2014 and section 50 of Act 15 of 2016 effective on 1 January 2017, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(13)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(13A)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Notwithstanding section 23(e)<\/a>, in the determination of the taxable income derived by an insurer in respect of its risk policy fund in respect of any year of assessment, there shall be allowed as a deduction from the income of the risk policy fund an amount equal to the value of liabilities for the year of assessment in respect of risk policies.<\/span><\/p>\n

[Paragraph (a) substituted by section 46 of Act 17 of 2017 effective on 1 January 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Any amount deducted in terms of paragraph (a) during any year of assessment shall be included in the income of the risk policy fund in the following year of assessment.<\/span><\/p>\n

[Subsection (13A) added by section 47 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(13B)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0 An insurer may elect that all policies or one or more classes of policies that share substantially similar contractual rights and obligations that would have constituted risk policies under paragraph (a) of the definition of \u2018risk policy\u2019 in subsection (1) had those policies been issued during any year of assessment commencing on or after 1 January 2016 be allocated to the risk policy fund with effect from the first day of the year of assessment commencing on or after 1 January 2016, which election-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is binding for the duration of the policies in respect of which the election is made; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 must be in a manner and form as the Commissioner may prescribe.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Assets with a value equal to the value of liabilities, as determined at the end of the previous year of assessment in respect of policies allocated to the risk policy fund in terms of paragraph (a), must be allocated to the risk policy fund with effect from the first day of the year of assessment commencing on or after 1 January 2016.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The amount of assets as contemplated in paragraph (b) shall not be deducted from the income of the policyholder fund from which it is transferred and shall not be included in the income of the risk policy fund to which it is transferred.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 Where as a result of the election as contemplated in paragraph (a) an asset as defined in paragraph 1 of the Eighth Schedule, other than an asset that is trading stock, is disposed of by the policyholder fund to a risk policy fund-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the policyholder fund that disposes of that asset must be deemed to have disposed of that asset for an amount equal to the base cost of that asset on the date of that disposal; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the policyholder fund that disposes of that asset and the risk policy fund that acquires that asset must, for purposes of determining any capital gain or capital loss by the risk policy fund that acquires that asset in respect of a disposal of that asset, be deemed to be one and the same person with respect to-<\/span><\/p>\n

[Word preceding item (aa) substituted by section 50 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the date of acquisition of that asset by the policyholder fund that disposes of that asset and the amount and date of incurral of any expenditure by the policyholder fund that disposes of that asset in respect of that asset allowable in terms of paragraph 20 of the Eighth Schedule; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any valuation of that asset effected by the policyholder fund of that asset as contemplated in paragraph 29<\/a>(4) of the Eighth Schedule.<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 Where as a result of the election as contemplated in paragraph (a) a policyholder fund disposes of an asset that is held as trading stock to a risk policy fund that acquires that asset as trading stock-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that asset must be deemed to have been disposed of in an amount equal to the amount taken into account in terms of section 11(a)<\/a> or 22<\/a>(1) or (2) in respect of that asset by the policyholder fund; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the policyholder fund and the risk policy fund must, for purposes of determining any taxable income derived by the risk policy fund, be deemed to be one and the same person with respect to the date of acquisition of that asset and the amount and date of incurral of any cost or expenditure incurred in respect of that asset as contemplated in section 11(a)<\/a> or 22<\/a>(1) or (2).<\/span><\/p>\n

[Subsection (13B) inserted by section 53 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(14)\u00a0\u00a0\u00a0The amount referred to in the definition of adjusted IFRS value in respect of the phasing-in amount is in respect of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the first year of assessment commencing on or after 1 January 2023, 83.3 per cent of the phasing-in amount;<\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a015(1)(c)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the second year of assessment commencing on or after 1 January 2023, 66.7 per cent of the phasing-in amount;<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a015(1)(c)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the third year of assessment commencing on or after 1 January 2023, 50 per cent of the phasing-in amount;<\/span><\/p>\n

[Paragraph (c)\u00a0substituted by\u00a0section\u00a015(1)(c)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0the fourth year of assessment commencing on or after 1 January 2023, 33.3 per cent of the phasing-in amount; and<\/span><\/p>\n

[Paragraph (d)\u00a0substituted by\u00a0section\u00a015(1)(c)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0the fifth year of assessment commencing on or after 1 January 2023, 16.7 per cent of the phasing-in amount:<\/span><\/p>\n

[Paragraph (e)\u00a0substituted by\u00a0section\u00a015(1)(c)\u00a0of\u00a0Act\u00a020 of 2022\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

Provided where an insurer ceases to conduct business during any year of assessment contemplated in paragraphs (a) to (e), the amount referred to in the definition of \u201cadjusted IFRS value\u201d in respect of the phasing\u00adin amount in respect of that year of assessment must be nil.<\/p>\n

[Sub\u00adsection (14) deleted by section 52 of Act 7 of 2010, added by section 50(1)(h) of Act 15 of 2016, as amended by section 113(1)(a) of Act 23 of 2018, and amended by section 34(c) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(15) \u00a0\u00a0For the purposes of subsection (14) \u201cphasing-in amount\u201d in relation to a policyholder fund or a risk policy fund means\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the amount by which the \u2018value of liabilities\u2019 amount determined at the end of the latest year of assessment commencing on or after 1 January 2022, but before 1 January 2023, less the amounts for premium debtors and policy loans determined in accordance with IFRS as reported by the insurer to shareholders in the audited annual financial statements at the end of that year of assessment, that reduce the amount of policy liabilities had IFRS 17 been applied, exceeds the \u2018value of liabilities\u2019 amount had IFRS 17 and the definitions of \u2018adjusted IFRS value\u2019 and \u2018value of liabilities\u2019 as amended by the Taxation Laws Amendment Act, 2022, been applied at the end of that year of assessment; or<\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section 32(1)(c)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the amount by which the \u2018value of liabilities\u2019 amount had IFRS 17 and the definitions of \u2018adjusted IFRS value\u2019 and \u2018value of liabilities\u2019 as amended by the Taxation Laws Amendment Act, 2022, been applied at the end of the latest year of assessment commencing on or after 1 January 2022, but before 1 January 2023, plus the amounts for premium debtors and policy loans determined in accordance with IFRS as reported by the insurer to shareholders in the audited annual financial statements at the end of that year of assessment, that reduce the amount of policy liabilities had IFRS 17 been applied, exceeds the \u2018value of liabilities\u2019 amount determined at the end of that year of assessment:<\/span><\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section 32(1)(c)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

Provided that for the purposes of determining the phasing-in amount in terms of this subsection, symbols \u201cPF\u201d and \u201cPT\u201d in the definition of \u201cadjusted IFRS value\u201d must be disregarded.<\/p>\n

[Subsection (15) deleted by section 23(b) of Act 20 of 2006, added by section 50(1)(h) of Act 15 of 2016 (as amended by section 113(1)(a) of Act 23 of 2018 effective date in section 50(2) of Act 15 of 2016 as substituted by section 113(1)(b) of Act 23 of 2018), substituted by section 46(1)(e) of Act 17 of 2017 (effective date in section 46(2) of Act 17 of 2017 as substituted by section 114(1)(a) of Act 23 of 2018), amended by section 51 of Act 23 of 2018 and substituted by section 15(1)(d) of Act 20 of 2022 effective on 1 January, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(16)\u00a0\u00a0\u00a0For purposes of this section, other than for the purposes of subsection (15), \u2018asset\u2019<\/strong>\u00a0excludes-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0negative liabilities;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0policies of reinsurance;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a deferred tax asset;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0goodwill; or<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0any amount of deferred acquisition costs determined in accordance with IFRS as annually reported by the insurer to shareholders in the audited financial statements,<\/span><\/p>\n

<\/p>\n

recognised as an asset in accordance with IFRS as annually reported by the insurer to shareholders in the audited financial statements.<\/p>\n

[Subsection 16 deleted by section 23 of Act 20 of 2006, re-inserted by section 50 of Act 15 of 2016 and amended by section 46 of Act 17 of 2017 effective on 1 July 2018, and applies in respect of years of assessment ending on or after that date \u2013 effective date in\u00a0terms of section\u00a046(2)\u00a0of\u00a0Act\u00a017 of 2017\u00a0as substituted by\u00a0section\u00a0114(1)(a)\u00a0of\u00a0Act\u00a023 of 2018]<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of section 29A of ITA","collection_order":737,"collection":597,"post_modified":"2024-01-12 11:38:39","post_date":"2021-04-04 14:34:38"},{"ID":"1333","post_content":"

29B.\u00a0\u00a0\u00a0\u00a0 Mark-to-market taxation in respect of long-term insurers<\/span><\/strong><\/p>\n","post_title":"Section 29B (ITA) - Mark-to-market taxation in respect of long-term insurers","collection_order":738,"collection":597,"post_modified":"2019-02-13 21:39:37","post_date":"2015-10-15 12:14:31"},{"ID":"1335","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section, unless the context otherwise indicates, any word or expression that has been defined in section 29A<\/a> must bear the same meaning as defined in that section, and-<\/span><\/p>\n\n

\u2018Category III Financial Services Provider\u2019<\/strong> means a financial services provider as defined in section 1 of the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002), that has been issued with a Category III licence in terms of that Act;<\/p>\n","post_title":"\"Category III Financial Services Provider\" definition of section 29B of ITA","collection_order":739,"collection":597,"post_modified":"2021-03-28 18:08:27","post_date":"2015-10-15 12:14:31"},{"ID":"1337","post_content":"

\u2018market value\u2019<\/strong>, in relation to any asset placed in any policyholder fund as contemplated in section 29A<\/a>(4), means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where that asset constitutes a financial instrument that is listed on-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an exchange as defined in section 1 of the Financial Markets Act and licensed under section 9 of that Act; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an exchange in a country other than the Republic which has been recognised by the Minister as contemplated in paragraph (c) of the definition of \u2018recognised exchange\u2019 in paragraph 1<\/a> of the Eighth Schedule<\/a>,<\/span><\/p>\n

<\/p>\n

the sum which a person having the right to freely dispose of that asset might reasonably expect to obtain from a sale of that asset in the open market; or<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where that asset is an asset other than an asset contemplated in paragraph (a), the value of that asset as taken into account in determining the investment value of policies as reported to the owners of the policies in respect of the policyholder fund in which the asset is so placed; and<\/span><\/p>\n","post_title":"\"Market value\" definition of section 29B of ITA","collection_order":740,"collection":597,"post_modified":"2021-03-17 11:46:08","post_date":"2015-10-15 12:14:31"},{"ID":"22553","post_content":"

\u201crealisation year\u201d<\/strong>, in relation to an insurer, means the first year of assessment of that insurer that ends on or after 29\u00a0February 2016.<\/p>\n

[Definition of \u201crealisation year\u201d substituted by section 9(1)(a) of Act 13 of 2016 deemed effective on 29 February, 2016<\/span><\/p>\n","post_title":"\"Realisation year\" definition of section 29B of ITA","collection_order":741,"collection":597,"post_modified":"2021-04-06 10:01:18","post_date":"2021-04-04 14:44:53"},{"ID":"22560","post_content":"

(2) \u00a0\u00a0\u00a0\u00a0An insurer must be deemed to have disposed of each asset held by that insurer on 29 February 2016, at the close of the day, in respect of all its policyholder funds, other than an asset that constitutes\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an instrument as defined in section 24J<\/a>(1);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an interest rate agreement as defined in section 24K<\/a>(1);<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a contractual right or obligation the value of which is determined directly or indirectly with reference to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an instrument contemplated in paragraph (a);<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an interest rate agreement contemplated in paragraph (b);or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 any specified rate of interest;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 trading stock; or<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 a policy of reinsurance.<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 Where an asset is deemed to have been disposed of by an insurer as contemplated in subsection (2) on the date contemplated in that subsection-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that asset must be deemed to have been so disposed of on that date for an amount received or accrued equal to the market value of the asset on that date; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that insurer must be deemed to have immediately reacquired that asset at an expenditure equal to the market value contemplated in paragraph (a), which expenditure must be deemed to be an amount of expenditure actually incurred for the purposes of paragraph 20<\/a>(1)(a) of the Eighth Schedule<\/a>.<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 Where an asset is deemed to have been disposed of by an insurer as contemplated in subsection (2) and that asset, in the hands of that insurer, constitutes an asset as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>, that disposal must not be taken into account for the purposes of determining the amount of any allowance or deduction-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to which that insurer may be entitled in respect of that asset; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that is to be recovered or recouped by or included in the income of that insurer in respect of that asset.<\/span><\/p>\n

<\/p>\n

(5)<\/span><\/p>\n

<\/p>\n

(a) \u00a0\u00a0\u00a0\u00a0In addition to any inclusion in any aggregate capital gain or aggregate capital loss of the policyholder funds of an insurer, that insurer must, in respect of each of those policyholder funds, include in the aggregate capital gain or aggregate capital loss of each of those funds for the realisation year and each of the two years of assessment following that realisation year an amount equal to 27.75 per cent of an amount determined in terms of paragraph (b).<\/span><\/p>\n

[Paragraph (a) substituted by section 9(1)(c) of Act 13 of 2016 deemed effective on 29 February, 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The amount to be determined for the purposes of paragraph (a) is an amount equal to the aggregate of all capital gains and capital losses determined in respect of the disposal of any asset as contemplated in subsection (2).<\/span><\/p>\n

<\/p>\n

(c) \u00a0\u00a0\u00a0\u00a0Where a person ceases to conduct the business of an insurer prior to the expiration of the two years of assessment contemplated in paragraph (a), any amount determined in terms of paragraph (b) must, to the extent that the amount has not been included as contemplated in paragraph (a), be so included in the year of assessment during which the person ceases to conduct the business of an insurer.<\/span><\/p>\n

[Paragraph (c)\u00a0added by\u00a0section\u00a078(1)(d)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and substituted by\u00a0section\u00a09(1)(d)\u00a0of\u00a0Act\u00a013 of 2016\u00a0deemed effective on 29\u00a0February, 2016]<\/span><\/p>\n

<\/p>\n

(6) \u00a0 \u00a0 This section does not apply to any asset held by an insurer if the asset is administered by a Category III Financial Services Provider and that asset is held by that insurer solely for the purpose of providing a linked policy as defined in the Long-term Insurance Act.<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5 and 6 of section 29B of ITA","collection_order":742,"collection":597,"post_modified":"2021-04-07 18:23:22","post_date":"2021-04-04 14:53:22"},{"ID":"1343","post_content":"

30. \u00a0 \u00a0Public benefit organisations<\/span><\/strong><\/p>\n","post_title":"Section 30 (ITA) - Public benefit organisations","collection_order":743,"collection":597,"post_modified":"2019-02-13 21:40:13","post_date":"2015-10-15 12:14:31"},{"ID":"1345","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this Act-<\/span><\/p>\n

\u00a0<\/p>\n

\u201cpublic benefit activity\u201d<\/strong> means-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any activity listed in Part I<\/a> of the Ninth Schedule<\/a>; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any other activity determined by the Minister from time to time by notice in the Gazette<\/em> to be of a benevolent nature, having regard to the needs, interests and well-being of the general public;<\/span><\/p>\n","post_title":"\"Public benefit activity\" definition of section 30 of ITA","collection_order":744,"collection":597,"post_modified":"2019-02-13 21:40:19","post_date":"2015-10-15 12:14:31"},{"ID":"1347","post_content":"

\u201cpublic benefit organisation\u201d<\/strong> means any organisation \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 which is \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a non-profit company as defined in section 1 of the Companies Act, or a trust or an association of persons that has been incorporated, formed or established in the Republic; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any branch within the Republic of any company, association or trust incorporated, formed or established in any country other than the Republic that is exempt from tax on income in that other country;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 of which the sole or principal object is carrying on one or more public benefit activities, where \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 all such activities are carried on in a non-profit manner and with an altruistic or philanthropic intent;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 no such activity is intended to directly or indirectly promote the economic self-interest of any fiduciary or employee of the organisation, otherwise than by way of reasonable remuneration payable to that fiduciary or employee; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0 where \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 each such activity carried on by that organisation is for the benefit of, or is widely accessible to, the general public at large, including any sector thereof (other than small and exclusive groups);<\/span><\/p>\n","post_title":"\"Public benefit organisation\" definition of section 30 of ITA","collection_order":745,"collection":597,"post_modified":"2019-02-13 21:40:25","post_date":"2015-10-15 12:14:31"},{"ID":"1349","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Any activity determined by the Minister in terms of paragraph (b) of the definition of \u2018public benefit activity\u2019 in subsection (1) or any conditions prescribed by the Minister in terms of subsection (3)(a) must be tabled in Parliament within a period of 12 months after the date of publication by the Minister of that activity or those conditions in the Gazette<\/em>, for incorporation into this Act.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The Commissioner shall, for the purposes of this Act, approve a public benefit organisation which-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 complies with such conditions as the Minister may prescribe by way of regulation to ensure that the activities and resources of such organisation are directed in the furtherance of its object;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 has submitted to the Commissioner a copy of the constitution, will or other written instrument under which it has been established and in terms of which it is-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0required to have at least three natural persons, who are not connected persons in relation to each other, to accept the fiduciary responsibility of such organisation and no single person directly or indirectly controls the decision-making powers relating to that organisation: Provided that the provisions of this subparagraph shall not apply in respect of any trust established in terms of a will of any person;<\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section\u00a022(d)\u00a0of\u00a0Act\u00a030 of 2002\u00a0and amended by\u00a0section\u00a053(1)(b)\u00a0of\u00a0Act\u00a07 of 2010\u00a0and substituted by\u00a0section 6(a)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 prohibited from directly or indirectly distributing any of its funds to any person (otherwise than in the course of undertaking any public benefit activity) and is required to utilise its funds solely for the object for which it has been established;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 in the case of a public benefit organisation contemplated in paragraph (a)(i) of the definition of \u201cpublic benefit organisation\u201d in subsection (1), required on dissolution to transfer its assets to \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 any public benefit organisation which has been approved in terms of this section;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0any institution, board or body which is exempt from tax under the provisions of\u00a0section 10(1)(cA)<\/a>(i), which has as its sole or principal object the carrying on of any public benefit activity;<\/span><\/p>\n

[Item (bb) amended by section 51 of Act 15 of 2016 1 April 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0\u00a0the government of the Republic in the national, provincial or local sphere, contemplated in\u00a0section 10(1)(a)<\/a>; or<\/span><\/p>\n

[Item (cc) substituted by section 53 of Act 7 of 2010,\u00a0amended by section 51 of Act 15 and 2016 effective on 1 April 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(dd)\u00a0\u00a0\u00a0the National Finance Housing Corporation contemplated in\u00a0section 10(1)(t)<\/a>(xvii),<\/span><\/p>\n

[Item (dd) added by section 51 of Act 15 of 2016 effective on 1 April 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

which is required to use those assets solely for purposes of carrying on one or more public benefit activities;<\/p>\n

\u00a0<\/p>\n

(iiiA) \u00a0in the case of a branch of a public benefit organisation contemplated in paragraph (a)(ii) of the definition of \u2018public benefit organisation\u2019 in subsection (1), is required on termination of its activities in the Republic to transfer the assets of such branch to any public benefit organisation, institution, board, body, department or administration contemplated in subparagraph (iii), if more than 15 percent of the receipts and accruals attributable to that branch during the period of three years preceding that termination are derived from a source within the Republic;<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 prohibited from accepting any donation which is revocable at the instance of the donor for reasons other than a material failure to conform to the designated purposes and conditions of such donation, including any misrepresentation with regard to the tax deductibility thereof in terms of section 18A<\/a>: Provided that a donor (other than a donor which is an approved public benefit organisation or an institution board or body which is exempt from tax in terms of section 10(1)(cA)<\/a>(i), which has as its sole or principal object the carrying on of any public benefit activity) may not impose conditions which could enable such donor or any connected person in relation to such donor to derive some direct or indirect benefit from the application of such donation;<\/span><\/p>\n

\u00a0<\/p>\n

(vi)\u00a0\u00a0\u00a0 required to submit to the Commissioner a copy of any amendment to the constitution, will or other written instrument under which it was established;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the Commissioner is satisfied is or was not knowingly a party to, or does not knowingly permit, or has not knowingly permitted, itself to be used as part of any transaction, operation or scheme of which the sole or main purpose is or was the reduction, postponement or avoidance of liability for any tax, duty or levy which, but for such transaction, operation or scheme, would have been or would have become payable by any person under this Act or any other Act administered by the Commissioner;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 has not and will not pay any remuneration, as defined in the Fourth Schedule<\/a>, to any employee, office bearer, member or other person which is excessive, having regard to what is generally considered reasonable in the sector and in relation to the service rendered and has not and will not economically benefit any person in a manner which is not consistent with its objects;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 complies with such reporting requirements as may be determined by the Commissioner;<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner is satisfied that, in the case of any public benefit organisation which provides funds to any association of persons contemplated in paragraph 10<\/a>(iii) of Part 1<\/a> of the Ninth Schedule<\/a>, has taken reasonable steps to ensure that the funds are utilised for the purpose for which those funds have been provided;<\/span><\/span><\/p>\n

[Paragraph (f)\u00a0substituted by\u00a0section\u00a031(1)(a)\u00a0of\u00a0Act\u00a074 of 2002\u00a0and by\u00a0section\u00a051(1)(b)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and amended by\u00a0section 6(b)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0\u00a0has not and will not use its resources directly or indirectly to support, advance or oppose any political party; and<\/span><\/span><\/p>\n

[Paragraph (h)\u00a0added by\u00a0section\u00a022(j)\u00a0of\u00a0Act\u00a030 of 2002\u00a0and amended by\u00a0section 6(c)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner is satisfied, does not have a person acting in a fiduciary capacity, who is disqualified in terms of section 6 of the Trust Property Control Act, 1988 (Act 57 of 1988), section 25A of the Nonprofit Organisations Act, 1997 (Act 71 of 1997), or section 69 of the Companies Act.<\/span><\/span><\/p>\n

[Paragraph (i)\u00a0added by\u00a0section 6(d)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

[Subsection\u00a0(3)\u00a0amended by\u00a0section\u00a022(k)\u00a0of\u00a0Act\u00a030 of 2002, by\u00a0section\u00a036(1)(b)\u00a0of\u00a0Act\u00a031 of 2005\u00a0effective on 8\u00a0November, 2005 and by\u00a0section\u00a036(1)(c)\u00a0of\u00a0Act 31 of 2005\u00a0with effect from 1\u00a0April, 2006 and applicable in respect of any year of assessment commencing on or after that date]\u00a0<\/span><\/p>\n

\u00a0<\/p>\n

(3A) \u00a0The Commissioner may, for the purposes of subsection (3), grant approval in respect of any group of organisations sharing a common purpose, which carry on any public benefit activity under the direction or supervision of a regulating or co-ordinating body, where that body takes such steps, as prescribed by the Commissioner, to exercise control over those organisations in order to ensure that they comply with the provisions of this section.<\/span><\/p>\n

\u00a0<\/p>\n

(3B)<\/span><\/p>\n

\u00a0<\/p>\n

(a) \u00a0\u00a0\u00a0\u00a0Subject to paragraph (b), where an organisation applies for approval, the Commissioner may approve that organisation for the purposes of this section with retrospective effect, if the Commissioner is satisfied that that organisation during the relevant period prior to its application complied with the requirements of a public benefit organisation as defined in subsection (1).<\/span><\/p>\n

\u00a0<\/p>\n

(b) \u00a0\u00a0\u00a0\u00a0 For the purposes of\u00a0paragraph (a), where the organisation\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0has complied with all its obligations under chapters 4, 10 and 11 of the Tax Administration Act, the Commissioner may not extend approval to the years of assessment in respect of which an assessment may in terms of section 99(1) of that Act not be made; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0has not complied with all its obligations under chapters 4, 10 and 11 of the Tax Administration Act, the Commissioner may not extend approval to the years of assessment in respect of which an assessment could in terms of section 99(1) of that Act, not have been made had the income tax returns relating to those years of assessment been submitted in accordance with section 25(1) of that Act.<\/span><\/p>\n

[Sub\u00adsection (3B) inserted by section 22(l) of Act 30 of 2002 and substituted by section 28(1)(b) of Act 32 of 2004, by section 41(1)(b) of Act 17 of 2009 and by section 35 of Act 34 of 2019]<\/span><\/p>\n

\u00a0<\/p>\n

(3C)\u00a0\u00a0 Notwithstanding any other provision of this section, the Director of Nonprofit Organisations designated in terms of section 8 of the Nonprofit Organisations Act, 1997 (Act No. 71 of 1997), may, in respect of any organisation that has been convicted of an offence under that Act, request the Commissioner to withdraw the approval of that organisation in terms of subsection (5) and the Commissioner may pursuant to that request withdraw such approval.<\/span><\/p>\n

\u00a0<\/p>\n

(4) \u00a0 \u00a0 Where the constitution, will or other written instrument does not comply with the provisions of subsection (3)(b), it shall be deemed to so comply if the persons contemplated in subsection (3)(b)(i) responsible in a fiduciary capacity for the funds and assets of\u00a0 a branch contemplated in paragraph (a)(ii) of the definition of \u2018public benefit organisation\u2019 in subsection (1) or any trust established in terms of a will of any person furnishes the Commissioner with a written undertaking that such organisation will be administered in compliance with the provisions of this section.<\/span><\/p>\n

\u00a0[Subsection (4) amended by section 24 of Act 20 of 2006, substituted by section 48 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

\u00a0<\/p>\n

(5) \u00a0 \u00a0 Where the Commissioner is-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 satisfied that any public benefit organisation approved under subsection (3) has during any year of assessment in any material respect; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 during any year of assessment satisfied that any such public benefit organisation has on a continuous or repetitive basis,<\/span><\/p>\n

\u00a0<\/p>\n

failed to comply with the provisions of this section, or the constitution, will or other written instrument under which it is established to the extent that it relates to the provisions of this section, the Commissioner shall after due notice withdraw approval of the organisation with effect from the commencement of that year of assessment, where corrective steps are not taken by that organisation within a period stated by the Commissioner in that notice.<\/p>\n

\u00a0<\/p>\n

(5A) \u00a0 Where any regulating or co-ordinating body contemplated in subsection (3A) \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 with intent or negligently fails to take any steps contemplated in that subsection to exercise control over any public benefit organisation; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 fails to notify the Commissioner where it becomes aware of any material failure by any public benefit organisation over which it exercises control to comply with any provision of this section,<\/span><\/p>\n

[Paragraph (b) substituted by section 54 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

the Commissioner shall after due notice withdraw the approval of the group of public benefit organisations with effect from the commencement of that year of a assessment, where corrective steps are not taken by that regulating or co-ordinating body within a period stated by the Commissioner in that notice.<\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Where the Commissioner has so withdrawn his approval of such organisation, such organisation shall, within six months or such longer period as the Commissioner may allow after the date of such withdrawal, transfer, or take reasonable steps to transfer, its remaining assets to any public benefit organisation, institution, board or body or the government as contemplated in subsection (3)(b)(iii).<\/span><\/p>\n

\u00a0<\/p>\n

(6A) \u00a0 As part of-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the dissolution of an organisation contemplated in paragraph (a)(i) of the definition of \u2018public benefit organisation\u2019 in subsection (1); or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the termination of the activities of a branch contemplated in paragraph (a)(ii) of that definition, if more than 15 per cent of the receipts and accruals attributable to that branch during the period of three years preceding that termination are derived from a source within the Republic,<\/span><\/p>\n

\u00a0<\/p>\n

the organisation or branch must transfer its assets to any public benefit organisation, institution, board or body or the government contemplated in subsection (3)(b)(iii).<\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 If the organisation fails to transfer, or to take reasonable steps to transfer, its assets, as contemplated in subsection (6) or (6A), an amount equal to the market value of those assets which have not been transferred, less an amount equal to the bona fide<\/em> liabilities of the organisation, must for purposes of this Act be deemed to be an amount of taxable income which accrued to such organization during the year of assessment in which approval was withdrawn or the dissolution of the organisation or termination of activities took place.<\/span><\/p>\n

\u00a0<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 The provisions of this section shall not, if the Commissioner is satisfied that the non-compliance giving rise to the withdrawal contemplated in subsection (5) has been rectified, preclude any such organisation from applying for approval in terms of this section in the year of assessment following the year of assessment during which the approval was so withdrawn by the Commissioner.<\/span><\/p>\n

\u00a0<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (9) deleted by section 4 of Act 44 of 2014 effectvie on 20 January 2015]<\/span><\/p>\n

\u00a0<\/p>\n

(10)\u00a0\u00a0 In the application of the provisions of this Act, the Commissioner may by notice in writing require any person whom the Commissioner may deem able to furnish information in regard to any approved public benefit organisation \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to answer any questions relating to such organisation; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 to make available for inspection by the Commissioner or any person appointed by him, any books of account, records or other documents relating to such organisation; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 to attend at the time and place appointed by the Commissioner for the purposes of producing for examination by the Commissioner or any person appointed by him, any books of account, records or other documents relating to such organisation.<\/span><\/p>\n

\u00a0<\/p>\n

(11)\u00a0\u00a0 Any person who is in a fiduciary capacity responsible for the management or control of the income and assets of any approved public benefit organisation and who intentionally fails to comply with any provision of this section or of the constitution, will or other written instrument under which such organisation is established to the extent that it relates to the provisions of this section, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 24 months.<\/span><\/p>\n

\u00a0<\/p>\n

\u00a0<\/p>\n

(11A) A person may not act in a fiduciary capacity if that person is disqualified in terms of section 6 of the Trust Property Control Act, 1988 (Act 57 of 1988), section 25A of the Nonprofit Organisations Act, 1997 (Act 71 of 1997), or section 69 of the Companies Act.<\/span><\/span><\/p>\n

[Section 11A\u00a0inserted by\u00a0section 6(e)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(11B) A person who fails to comply with the provisions of subsection (11A) shall be guilty of an offence and liable, on conviction, to a fine or to imprisonment for a period not exceeding 24 months.<\/span><\/span><\/p>\n

[Section 11B\u00a0inserted by\u00a0section 6(e)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Subsections 2, 3, 3A, 3B, 3C, 4, 5, 5A, 6, 6A, 7, 8, 9, 10 and 11 of section 30 of ITA","collection_order":746,"collection":597,"post_modified":"2024-01-13 18:38:46","post_date":"2015-10-15 12:14:31"},{"ID":"1362","post_content":"

30A. \u00a0 \u00a0 Recreational clubs<\/span><\/strong><\/p>\n","post_title":"Section 30A (ITA) - Recreational clubs","collection_order":747,"collection":597,"post_modified":"2019-02-13 21:40:44","post_date":"2015-10-15 12:14:31"},{"ID":"1364","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For purposes of this Act, \u201crecreational club\u201d<\/strong> means any non-profit company as defined in section 1 of the Companies Act, society or other association of which the sole or principal object is to provide social and recreational amenities or facilities for the members of that company, society or other association.<\/span><\/p>\n","post_title":"\"Recreational club\" definition of section 30A of ITA","collection_order":748,"collection":597,"post_modified":"2019-02-13 21:40:52","post_date":"2015-10-15 12:14:31"},{"ID":"1366","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 The Commissioner must approve a recreational club for the purposes of section 10(1)(cO)<\/a>, if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that club has submitted to the Commissioner a copy of the constitution or other written instrument in terms of which it is established and which provides that \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0it is required to have at least three natural persons, who are not connected persons in relation to each other, to accept the fiduciary responsibility of that club and no single person directly or indirectly controls the decision making powers relating to that club;<\/span><\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section\u00a042(a)\u00a0of\u00a0Act\u00a060 of 2008\u00a0and by\u00a0section 7(a)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/strong><\/p>\n

(iA)\u00a0\u00a0 its activities must be carried on in a non-profit manner;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 it is prohibited from directly or indirectly distributing any surplus funds to any person, other than in terms of subparagraph (iii);<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 it is required on dissolution to transfer its assets and funds to-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0any other recreational club which is approved by the Commissioner in terms of this section;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 a public benefit organisation contemplated in paragraph (a)(i) of the definition of a \u2018public benefit organisation\u2019 in section 30<\/a>(1) which has been approved in terms of section 30<\/a>(3);<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 any institution, board or body which is exempt from tax under the provisions of section 10(1)(cA)<\/a>(i), which has as its sole or principal object the carrying on of any public benefit activity; or<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 the government of the Republic in the national, provincial or local sphere, contemplated in section 10(1)(a)<\/a>;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 it may not pay any remuneration to any person which is excessive, having regard to what is generally considered reasonable in the sector and in relation to the service rendered, nor may any remuneration be determined as a percentage of any amounts received or accrued to that club;<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 all members must be entitled to annual or seasonal membership; and<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 members are not allowed to sell their membership rights or any entitlement in terms thereof;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the club undertakes to submit to the Commissioner a copy of any amendment to the constitution or other written instrument under which it is established;<\/span><\/span><\/p>\n

[Paragraph (b)\u00a0amended by\u00a0section 7(b)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner is satisfied that the club is or was not knowingly a party to, or does not knowingly permit, or has not knowingly permitted, itself to be used as part of any transaction, operation or scheme of which the sole or main purpose is or was the reduction, postponement or avoidance of liability for any tax, duty or levy which, but for such transaction, operation or scheme, would have been or would have become payable by any person under this Act or any other Act administered by the Commissioner; and<\/span><\/span><\/p>\n

[Paragraph (c)\u00a0amended by\u00a0section 7(c)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner is satisfied that the club does not have a person acting in a fiduciary capacity, who is disqualified in terms of section 6 of the Trust Property Control Act, 1988 (Act 57 of 1988), section 25A of the Nonprofit Organisations Act, 1997 (Act 71 of 1997), or section 69 of the Companies Act.<\/span><\/span><\/p>\n

[Paragraph (d)\u00a0added by\u00a0section 7(d)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where the constitution or other written instrument under which the club is established does not comply with the provisions of paragraph (a) of subsection (2), it shall be deemed to so comply if a person responsible in a fiduciary position for the funds and assets of such club furnishes the Commissioner with a written undertaking by such club that such club will be administered in compliance with the provisions of this section.<\/span><\/p>\n

<\/p>\n

(4)<\/span><\/p>\n

<\/p>\n

(a) \u00a0\u00a0\u00a0\u00a0Subject to paragraph (b), where a club applies for approval, the Commissioner may approve that club for purposes of this section with retrospective effect, if the Commissioner is satisfied that that club during the period prior to its application complied with the requirements of a \u201crecreational club\u201d as defined in subsection (1).<\/span><\/p>\n

<\/p>\n

(b) \u00a0\u00a0\u00a0\u00a0For the purposes of paragraph (a), where the club\u2014<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0has complied with all its obligations under chapters 4<\/a>, 10<\/a> and 11<\/a> of the Tax Administration Act, the Commissioner may not extend approval to the years of assessment in respect of which an assessment may in terms of section 99<\/a>(1) of that Act not be made; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0has not complied with all its obligations under chapters 4<\/a>, 10<\/a> and 11<\/a> of the Tax Administration Act, the Commissioner may not extend approval to the years of assessment in respect of which an assessment could in terms of section 99<\/a>(1) of that Act, not have been made had the income tax returns relating to those years of assessment been submitted in accordance with section 25<\/a>(1) of that Act.<\/span><\/p>\n

[Sub\u00adsection (4) substituted by section 26(1)(a) of Act 8 of 2007, by section 42(1) of Act 17 of 2009 and by section 36 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where the Commissioner is \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 satisfied that any recreational club approved under subsection (2) has during any year of assessment in any material respect; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 during any year of assessment satisfied that any such recreational club has on a continuous or repetitive basis,<\/span><\/p>\n

<\/p>\n

failed to comply with the provisions of this section, or the constitution or other written instrument under which it was established to the extent that it relates to the provisions of this section, the Commissioner shall notify the recreational club that he or she intends to withdraw the approval of that recreational club if no corrective steps are taken by that club within a period stated in that notice.<\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 If no corrective steps are taken by a recreational club as contemplated in subsection (5), the Commissioner must withdraw approval of that club with effect from the commencement of the year of assessment contemplated in subsection (5),<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 If the Commissioner has withdrawn the approval of a recreational club, that club must within six months after the date of that withdrawal (or such longer period as the Commissioner may allow) transfer or take reasonable steps to transfer its remaining assets to any recreational club, public benefit organisation, institution, board or body or the government, as contemplated in subsection (2)(a)(iii).<\/span><\/p>\n

<\/p>\n

(7A)\u00a0 As part of its dissolution the club must transfer its assets to a recreational club, public benefit organisation, institution, board or body or the government, as contemplated in subsection (2)(a)(iii).<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 If the recreational club fails to transfer, or to take reasonable steps to transfer, its assets as contemplated in subsection (7) or (7A), an amount equal to the market value of those assets which have not been transferred less an amount equal to the bona fide<\/em> liabilities of that recreational club must for purposes of this Act be deemed to be an amount of taxable income which accrued to that recreational club during the year of assessment in which approval was withdrawn or the dissolution took place.<\/span><\/p>\n

<\/p>\n

(9) \u00a0 \u00a0 Any person who is in a fiduciary capacity responsible for the management or control of the income and assets of any approved recreational club and who intentionally fails to comply with any provision of this section or of the constitution, or other written instrument under which such recreational club is established to the extent that it relates to the provisions of this section, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 24 months.<\/span><\/p>\n

<\/p>\n

<\/p>\n

(10)\u00a0\u00a0\u00a0A person may not act in a fiduciary capacity if that person is disqualified in terms of section 6 of the Trust Property Control Act, 1988 (Act 57 of 1988), section 25A of the Nonprofit Organisations Act, 1997 (Act 71 of 1997), or section 69 of the Companies Act.<\/span><\/span><\/p>\n

[Subsection\u00a0(10)\u00a0inserted by\u00a0section 7(e)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

<\/p>\n

(11)\u00a0\u00a0\u00a0A person who fails to comply with the provisions of subsection (9A) shall be guilty of an offence and liable, on conviction, to a fine or to imprisonment for a period not exceeding 24 months.<\/span><\/span><\/p>\n

[Subsection\u00a0(11)\u00a0inserted by\u00a0section 7(e)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

[Section\u00a030A\u00a0inserted by\u00a0section\u00a025(1)\u00a0of\u00a0Act\u00a020 of 2006\u00a0with effect from 1 April, 2007 and applicable in respect of any year of assessment commencing on or after that date]\u00a0<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5, 6, 7, 7A, 8 and 9 of section 30A of ITA","collection_order":749,"collection":597,"post_modified":"2024-01-27 22:11:22","post_date":"2015-10-15 12:14:31"},{"ID":"1368","post_content":"

30B.\u00a0\u00a0\u00a0\u00a0 Associations<\/span><\/strong><\/p>\n","post_title":"Section 30B (ITA) - Associations","collection_order":750,"collection":597,"post_modified":"2019-02-13 21:41:07","post_date":"2015-10-15 12:14:31"},{"ID":"1370","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/p>\n

\u2018entity\u2019<\/strong> means-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any mutual loan association, fidelity or indemnity fund, trade union, chamber of commerce or industry (or an association of such chambers) or local publicity association; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 non-profit company as defined in section 1 of the Companies Act;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 society; or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 other association of persons,<\/span><\/p>\n

\u00a0<\/p>\n

established to promote the common interests of persons (being members of the company, society or association of persons) carrying on any particular kind of business, profession or occupation,<\/p>\n

\u00a0<\/p>\n

approved by the Commissioner in accordance with subsection (2);<\/p>\n","post_title":"\"Entity\" definition of section 30B of ITA","collection_order":751,"collection":597,"post_modified":"2019-02-13 21:41:12","post_date":"2015-10-15 12:13:53"},{"ID":"1372","post_content":"

\u2018member\u2019<\/strong> in the case of a fidelity or indemnity fund includes a contributor to that fund;<\/p>\n","post_title":"\"Member\" definition of section 30B of ITA","collection_order":752,"collection":597,"post_modified":"2019-02-13 21:41:19","post_date":"2015-10-15 12:13:53"},{"ID":"1374","post_content":"

\u2018mutual loan association\u2019<\/strong> means an association of which the sole or principal object is to function as a voluntary savings association where participants make regular contributions into a common pool managed by the members for the mutual financial benefit of those members.<\/p>\n","post_title":"\"Mutual loan association\" definition of section 30B of ITA","collection_order":753,"collection":597,"post_modified":"2019-02-13 21:41:26","post_date":"2015-10-15 12:13:52"},{"ID":"1376","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Subject to subsections (3) and (4), the Commissioner must approve an entity for the purposes of section 10(1)(d)(<\/a>iii) or (iv) if-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that entity has submitted to the Commissioner a copy of the constitution or written instrument under which it has been established;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the constitution or written instrument contemplated in paragraph (a) provides that-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the entity must have a committee, board of management or similar governing body consisting of at least three natural persons, who are not connected persons in relation to each other, to accept the fiduciary responsibility of that entity;<\/span><\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section 8(a)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 no single person may directly or indirectly control the decision-making powers relating to that entity;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 the entity may not directly or indirectly distribute any of its funds or assets to any person other than in the course of furthering its objectives;<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 the entity is required to utilise substantially the whole of its funds for the sole or principal object for which it has been established;<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 no member may directly or indirectly have any personal or private interest in that entity;<\/span><\/p>\n

\u00a0<\/p>\n

(vi)\u00a0\u00a0\u00a0 substantially the whole of the activities of the entity must be directed to the furtherance of its sole or principal object and not for the specific benefit of an individual member or minority group;<\/span><\/p>\n

\u00a0<\/p>\n

(vii)\u00a0\u00a0 the entity may not have a share or other interest in any business, profession or occupation which is carried on by its members;<\/span><\/p>\n

\u00a0<\/p>\n

(viii)\u00a0 the entity must not pay to any employee, office bearer, member or other person any remuneration, as defined in the Fourth Schedule, which is excessive, having regard to what is generally considered reasonable in the sector and in relation to the service rendered;<\/span><\/p>\n

\u00a0<\/p>\n

(ix)\u00a0\u00a0\u00a0 substantially the whole of the entity\u2019s funding must be derived from its annual or other long-term members or from an appropriation by the government of the Republic in the national, provincial or local sphere;<\/span><\/p>\n

\u00a0<\/p>\n

(x)\u00a0\u00a0\u00a0\u00a0 the entity must as part of its dissolution transfer its assets to-<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 another entity approved by the Commissioner in terms of this section;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 a public benefit organisation approved in terms of section 30<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(cc) \u00a0 an institution, board or body which is exempt from tax under section 10<\/a>(1)(cA)(i); or<\/span><\/p>\n

\u00a0<\/p>\n

(dd)\u00a0\u00a0 the government of the Republic in the national, provincial or local sphere;<\/span><\/p>\n

\u00a0<\/p>\n

(xi)\u00a0\u00a0\u00a0 the persons contemplated in paragraph (b)(i) will submit any amendment of the constitution or written instrument of the entity to the Commissioner within 30 days of its amendment;<\/span><\/p>\n

\u00a0<\/p>\n

(xii)\u00a0\u00a0 the entity will comply with such reporting requirements as may be determined by the Commissioner from time to time; and<\/span><\/p>\n

\u00a0<\/p>\n

(xiii)\u00a0\u00a0\u00a0the entity is not knowingly and will not knowingly become a party to, and does not knowingly and will not knowingly permit itself to be used as part of, an impermissible avoidance arrangement contemplated in Part IIA<\/a> of Chapter III<\/a>, or a transaction, operation or scheme contemplated in section 103<\/a>(5); and<\/span><\/span><\/p>\n

[Subparagraph\u00a0(xiii)\u00a0amended by\u00a0section 8(b)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner is satisfied that the association does not have a person acting in a fiduciary capacity, who is disqualified in terms of section 6 of the Trust Property Control Act, 1988 (Act 57 of 1988), section 25A of the Nonprofit Organisations Act, 1997 (Act 71 of 1997), or section 69 of the Companies Act.<\/span><\/span><\/p>\n

[Paragraph (c)\u00a0added by\u00a0section 8(c)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The requirements contained in subsection (2)(b)(iii) and (v) do not apply in respect of a mutual loan association.<\/span><\/p>\n

\u00a0<\/p>\n

(4) \u00a0 \u00a0 Where the constitution or written instrument of an entity does not comply with subsection (2)(b), the Commissioner may deem it to so comply if the person who has accepted fiduciary responsibility for the funds and assets of that entity furnishes the Commissioner with a written undertaking that the entity will be administered in compliance with that subsection.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where the Commissioner is-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 satisfied that any entity approved in terms of subsection (2) has during any year of assessment in any material respect; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 during any year of assessment satisfied that any such entity has on a continuous or repetitive basis,<\/span><\/p>\n

\u00a0<\/p>\n

failed to comply with this section, or the constitution or written instrument under which it was established to the extent that it relates to this section, the Commissioner must notify the entity that he or she intends to withdraw approval of the entity if corrective steps are not taken by the entity within the period stated in the notice.<\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 If no corrective steps are taken by the entity contemplated in subsection (5), the Commissioner must withdraw approval of that entity with effect from the commencement of the year of assessment contemplated in subsection (5).<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 If the Commissioner has withdrawn the approval of an entity as contemplated in subsection (6) the entity must within six months after the date of the withdrawal of approval (or such longer period as the Commissioner may allow) transfer, or take reasonable steps to transfer, its remaining assets to any entity, public benefit organisation, institution, board or body or the government of the Republic, contemplated in subsection (2)(b)(x).<\/span><\/p>\n

\u00a0<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 If an entity is wound up or liquidated, the entity must, as part of the winding-up or liquidation, transfer its assets remaining after the satisfaction of its liabilities to any entity, public benefit organisation, institution, board or body or the government of the Republic, contemplated in subsection (2)(b)(x).<\/span><\/p>\n

\u00a0<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 If an entity fails to transfer, or to take reasonable steps to transfer, its assets as contemplated in subsection (7) or (8), an amount equal to the market value of those assets which have not been transferred less an amount equal to the bona fide<\/em> liabilities of that entity must for the purposes of this Act be deemed to be an amount of taxable income which accrued to that entity during the year of assessment in which the withdrawal of approval in terms of subsection (6) or the winding-up or liquidation contemplated in subsection (8) took place.<\/span><\/p>\n

\u00a0<\/p>\n

(10) \u00a0 Any person who is in a fiduciary capacity responsible for the management or control of the income and assets of any approved association and who intentionally fails to comply with any provision of this section or of the constitution, or other written instrument under which such association is established to the extent that it relates to the provisions of this section, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 24 months.<\/span><\/p>\n

\u00a0<\/p>\n

\u00a0<\/p>\n

(11)\u00a0\u00a0\u00a0A person may not act in a fiduciary capacity if that person is disqualified in terms of section 6 of the Trust Property Control Act, 1988 (Act 57 of 1988), section 25A of the Nonprofit Organisations Act, 1997 (Act 71 of 1997), or section 69 of the Companies Act.<\/span><\/span><\/p>\n

[Subsection\u00a0(11)\u00a0inserted by\u00a0section 8(d)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(12)\u00a0\u00a0\u00a0A person who fails to comply with the provisions of subsection (11) shall be guilty of an offence and liable, on conviction, to a fine or to imprisonment for a period not exceeding 24 months.<\/span><\/span><\/p>\n

.\u00a0[Subsection\u00a0(12)\u00a0inserted by\u00a0section 8(d)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5, 6, 7, 8, 9 and 10 of section 30B of ITA","collection_order":754,"collection":597,"post_modified":"2024-01-27 22:17:40","post_date":"2015-10-15 12:13:52"},{"ID":"10838","post_content":"

30C.\u00a0\u00a0\u00a0 Small business funding entities<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 The Commissioner must approve a small business funding entity for the purposes of section 10(1)(cQ)<\/a> if-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that entity is a trust, an association of persons or a non-profit company as defined in section 1 of the Companies Act that has been incorporated, formed or established in the Republic;<\/span><\/p>\n

[Paragraph (a) substituted by section 55 of Act 25 of 2015 effective on 1 March 2015]<\/span><\/p>\n

\u00a0<\/p>\n

(b)<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the sole or principal object of that entity is the provision of funding for small, medium and micro-sized enterprises; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the funding contemplated in subparagraph (i) is-<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 provided by that small business funding entity for the benefit of, or is widely accessible to small, medium and micro-sized enterprises;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 provided on a non-profit basis and with an altruistic or philanthropic intent; and<\/span><\/p>\n

\u00a0<\/p>\n

(cc) \u00a0 not intended to directly or indirectly promote the economic self-interest of any fiduciary or employee of that entity, otherwise than by way of reasonable remuneration payable to that fiduciary or employee;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that small business funding entity has submitted to the Commissioner a copy of the constitution or written instrument under which that small business funding entity has been established;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the constitution or written instrument contemplated in paragraph (c) provides that-<\/span><\/p>\n

\u00a0<\/p>\n

(i)<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 the small business funding entity must have a committee, a board of management or similar governing body consisting of at least three natural persons who are not connected persons in relation to each other to accept the fiduciary responsibility of that small business funding entity;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 not more than fifty per cent of the members of the committee or a board of management contemplated in item (aa) may be employees or directors of any entity providing funding to that small business funding entity or persons who are connected persons in relation to any such employee or director;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any single person may not directly or indirectly control the decision-making powers relating to that small business funding entity;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 the small business funding entity may not directly or indirectly distribute any of its funds or assets to any person other than in the course of furthering its sole or principal object;<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 the small business funding entity may not directly or indirectly distribute any of its funds or assets to any employee in relation to that entity or a person that is a connected person in relation\u00a0 to any such employee or to a person contemplated in subparagraph (i);<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 the small business funding entity is required to utilise substantially the whole of its funds for its sole or principal object for which it has been established;<\/span><\/p>\n

\u00a0<\/p>\n

(vi)\u00a0\u00a0\u00a0\u00a0the small business funding entity must within 12 months after the end of the relevant year of assessment distribute or incur the obligation to distribute at least 25 per cent of all amounts received or accrued in respect of assets held, other than any amount received or accrued in respect of the disposal of any of those assets, during that year of assessment;<\/span><\/p>\n

[Subparagraph (vi) substituted by section 52 of Act 23 of 2018 effective on 1 January 2019]<\/span><\/p>\n

\u00a0<\/p>\n

(vii)\u00a0\u00a0 a member of a committee, a board of management or similar governing body of the small business funding entity may not directly or indirectly have any personal or private interest in that small business funding entity;<\/span><\/p>\n

\u00a0<\/p>\n

(viii)\u00a0 substantially the whole of the activities of the small business funding entity must be directed to the furtherance of the sole or principal object of that small business funding entity;<\/span><\/p>\n

\u00a0<\/p>\n

(ix)\u00a0\u00a0\u00a0 the small business funding entity may not pay to any employee, office bearer, member or other person any remuneration, as defined in the Fourth Schedule, which is excessive, having regard to what is generally considered reasonable in the sector and in relation to the service rendered;<\/span><\/p>\n

\u00a0<\/p>\n

(x)\u00a0\u00a0\u00a0\u00a0 the small business funding entity must as part of its dissolution transfer its assets to-<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 another small business funding entity approved by the Commissioner in terms of this section;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 a public benefit organisation contemplated in paragraph (a)(i) of the definition of public benefit organisation in section 30<\/a>(1) that is approved by the Commissioner as a public benefit organisation in terms of that section;<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0 an institution, board or body which is exempt from tax under section 10(1)(cA)<\/a>(i); or<\/span><\/p>\n

\u00a0<\/p>\n

(dd)\u00a0\u00a0 the government of the Republic in the national, provincial or local sphere;<\/span><\/p>\n

\u00a0<\/p>\n

(xi)\u00a0\u00a0\u00a0 the persons contemplated in paragraph (d)(i) will submit any amendment of the constitution or written instrument of the small business funding entity to the Commissioner within 30 days of its amendment;<\/span><\/p>\n

\u00a0<\/p>\n

(xii)\u00a0\u00a0 the small business funding entity will comply with such reporting requirements as may be determined by the Commissioner from time to time; and<\/span><\/p>\n

\u00a0<\/p>\n

(xiii)\u00a0 the small business funding entity is not knowingly and will not knowingly become a party to, and does not knowingly and will not knowingly permit itself to be used as part of, an impermissible avoidance arrangement contemplated in Part IIA of Chapter III, or a transaction, operation or scheme contemplated in section 103<\/a>(5).<\/span><\/p>\n

\u00a0<\/p>\n

(xiii)\u00a0\u00a0\u00a0the small business funding entity is not knowingly and will not knowingly become a party to, and does not knowingly and will not knowingly permit itself to be used as part of, an impermissible avoidance arrangement contemplated in Part IIA<\/a> of Chapter III<\/a>, or a transaction, operation or scheme contemplated in section 103<\/a>(5); and<\/span><\/span><\/p>\n

[Subparagraph\u00a0(xiii)\u00a0amended by\u00a0section 9(a)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner is satisfied that the entity does not have a person acting in a fiduciary capacity, who is disqualified in terms of section 6 of the Trust Property Control Act, 1988 (Act 57 of 1988), section 25A of the Nonprofit Organisations Act, 1997 (Act 71 of 1997), or section 69 of the Companies Act.<\/span><\/span><\/p>\n

[Paragraph (e)\u00a0inserted by\u00a0section 9(b)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Where the Commissioner is-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 satisfied that any small business funding entity approved in terms of subsection (1) has during any year of assessment in any material respect; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 during any year of assessment satisfied that any small business funding entity approved in terms of subsection (1) has on a continuous or repetitive basis,<\/span><\/p>\n

\u00a0<\/p>\n

failed to comply with this section, or the constitution or written instrument under which that small business funding entity was established to the extent that it relates to this section, the Commissioner must notify the small business funding entity that the Commissioner intends to withdraw approval of the small business funding entity if corrective steps are not taken by the small\u00a0 business funding entity within the period stated in the notice.<\/p>\n

\u00a0<\/p>\n

(3) \u00a0 \u00a0 If no corrective steps are taken by the small business funding entity as contemplated in subsection (2), the Commissioner must withdraw approval of that small business funding entity with effect from the commencement of the year of assessment contemplated in subsection (2).<\/span><\/p>\n

\u00a0<\/p>\n

(4) \u00a0 \u00a0 If the Commissioner has withdrawn the approval of a small business funding entity as contemplated in subsection (3) the small business funding entity must within six months after the date of the withdrawal of approval (or such longer period as the Commissioner may allow) transfer, or take reasonable steps to transfer, its remaining assets to any small business funding entity, public benefit organisation, institution, board or body or the government of the Republic, as contemplated in subsection (1)(d)(x).<\/span><\/p>\n

\u00a0<\/p>\n

(5) \u00a0 \u00a0 If a small business funding entity is wound up or liquidated, the small business funding entity must, as part of the winding-up or liquidation, transfer its assets remaining after the satisfaction of its liabilities to any small business funding entity, public benefit organisation, institution, board or body or the government of the Republic, as contemplated in subsection (1)(d)(x).<\/span><\/p>\n

\u00a0<\/p>\n

(6) \u00a0 \u00a0 If a small business funding entity fails to transfer, or to take reasonable steps to transfer, its assets as contemplated in subsection (4) or (5), an amount equal to the market value of those assets which have not been transferred less an amount equal to the bona fide liabilities of that small business funding entity must for the purposes of this Act be deemed to be an amount of taxable income which accrued to that small business funding entity during the year of assessment in which the withdrawal of approval in terms of subsection (4) or the winding-up or liquidation contemplated in subsection (5) took place.<\/span><\/p>\n

\u00a0<\/p>\n

(7) \u00a0 \u00a0 Any person who is in a fiduciary capacity responsible for the management of any small business funding entity and who intentionally fails to comply with any provision of this section or of the constitution, or other written instrument under which that small business funding entity is established to the extent that it relates to the provisions of this section, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 24 months.<\/span><\/p>\n

[Section 30C inserted by section 49 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

\u00a0<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0\u00a0A person may not act in a fiduciary capacity if that person is disqualified in terms of section 6 of the Trust Property Control Act, 1988 (Act 57 of 1988), section 25A of the Nonprofit Organisations Act, 1997 (Act 71 of 1997), or section 69 of the Companies Act.<\/span><\/span><\/p>\n

[Subsection\u00a0(8)\u00a0inserted by\u00a0section 9(c)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0\u00a0A person who fails to comply with the provisions of subsection (8) shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding 24 months.<\/span><\/span><\/p>\n

[Subsection\u00a0(9)\u00a0inserted by\u00a0section 9(c)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 30C (ITA) - Small business funding entities","collection_order":755,"collection":597,"post_modified":"2024-01-27 22:24:49","post_date":"2017-06-08 15:42:35"},{"ID":"1378","post_content":"

31. \u00a0 \u00a0Tax payable in respect of international transactions to be based on arm\u2019s length principle<\/span><\/strong><\/p>\n","post_title":"Section 31 (ITA) - Tax payable in respect of international transactions to be based on arm's length principle","collection_order":756,"collection":597,"post_modified":"2019-02-13 21:41:41","post_date":"2015-10-15 12:13:52"},{"ID":"1380","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

\u2018affected transaction\u2019<\/strong> means any transaction, operation, scheme, agreement or understanding where-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that transaction, operation, scheme, agreement or understanding has been directly or indirectly entered into or effected between or for the benefit of either or both-<\/span><\/p>\n

<\/p>\n

(i)<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 a person that is a resident; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any other person that is not a resident;<\/span><\/p>\n

<\/p>\n

(ii)<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 a person that is not a resident; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any other person that is not a resident that has a permanent establishment in the Republic to which the transaction, operation, scheme, agreement or understanding relates;<\/span><\/p>\n

<\/p>\n

(iii)<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 a person that is a resident; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any other person that is a resident that has a permanent establishment outside the Republic to which the transaction, operation, scheme, agreement or understanding relates; or<\/span><\/p>\n

<\/p>\n

(iv)<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 a person that is not a resident; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any other person that is a controlled foreign company in relation to any resident,<\/span><\/p>\n

<\/p>\n

and those persons are connected persons or associated enterprises in relation to one another; and<\/p>\n

[Subparagraph\u00a0(iv)\u00a0amended by\u00a0section\u00a037(1)(a)\u00a0of\u00a0Act\u00a034 of 2019\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date (effective date in\u00a0section\u00a037(2)\u00a0of\u00a0Act\u00a034 of 2019\u00a0as substituted by\u00a0section\u00a078(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and by\u00a0section\u00a066(1)\u00a0of\u00a0Act\u00a020 of 2021)]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any term or condition of that transaction, operation, scheme, agreement or understanding is different from any term or condition that would have existed had those persons been independent persons dealing at arm\u2019s length;<\/span><\/p>\n","post_title":"\"Affected transaction\" definition of section 31 of ITA","collection_order":757,"collection":597,"post_modified":"2024-01-13 18:52:22","post_date":"2015-10-15 12:13:52"},{"ID":"23896","post_content":"

\u201cassociated enterprise\u201d\u00a0<\/strong>means an associated enterprise as contemplated in Article 9 of the Model Tax Convention on Income and on Capital of the Organisation for Economic Co-operation and Development;<\/p>\n

[Definition of \u201cassociated enterprise\u201d inserted by\u00a0section\u00a037(1)(b)\u00a0of\u00a0Act\u00a034 of 2019\u00a0effective on 1\u00a0January, 2023 and applicable in respect of years of assessment commencing on or after that date (effective date in\u00a0section\u00a037(2)\u00a0of\u00a0Act\u00a034 of 2019\u00a0as substituted by\u00a0section\u00a078(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and by\u00a0section\u00a066(1)\u00a0of\u00a0Act\u00a020 of 2021)]<\/span><\/p>\n","post_title":"\"Associated enterprise\" definition of section 31 of ITA","collection_order":758,"collection":597,"post_modified":"2024-01-13 18:52:30","post_date":"2023-01-21 23:00:01"},{"ID":"1382","post_content":"

\u2018financial assistance\u2019<\/strong> includes any-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 debt; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 security or guarantee.<\/span><\/p>\n","post_title":"\"Financial assistance\" definition of section 31 of ITA","collection_order":759,"collection":597,"post_modified":"2023-01-21 23:06:10","post_date":"2015-10-15 12:13:52"},{"ID":"1384","post_content":"

(2) \u00a0 \u00a0 Where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any transaction, operation, scheme, agreement or understanding constitutes an affected transaction; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any term or condition of that transaction, operation, scheme, agreement or understanding-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is a term or condition contemplated in paragraph (b) of the definition of \u2018affected transaction\u2019; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0results or will result in any tax benefit being derived by a person that is a party to that transaction, operation, scheme, agreement or understanding or by any resident in relation to a controlled foreign company contemplated in subparagraph (iv) of the definition of \u201caffected transaction\u201d,<\/span><\/p>\n

[Subparagraph\u00a0(ii)\u00a0substituted by\u00a0section 31(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

the taxable income or tax payable by any person contemplated in paragraph (b) (ii) that derives a tax benefit contemplated in that paragraph must be calculated as if that transaction, operation, scheme, agreement or understanding had been entered into on the terms and conditions that would have existed had those persons been independent persons dealing at arm\u2019s length.<\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 To the extent that there is a difference between-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any amount that is, after taking subsection (2) into account, applied in the calculation of the taxable income of any resident that is a party to an affected transaction; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amount that would, but for subsection (2), have been applied in the calculation of the taxable income of the resident contemplated in paragraph (a),<\/span><\/p>\n

<\/p>\n

the amount of that difference must, if that person is a resident and the other person to the affected transaction is a person as contemplated in paragraph (a)(i)(bb) or (a)(iii)(bb) of the definition of \u2018affected transaction\u2019-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 if that resident is a company, be deemed to be a dividend consisting of a distribution of an asset in specie declared and paid by that resident to that other person; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 if that resident is a person other than a company, be deemed, for purposes of Part V, to be a donation made by that resident to that other person,<\/span><\/p>\n

[Subparagraph (ii) substituted by section 56 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

on the last day of the period of six months following the end of the year of assessment in respect of which that adjustment is made: Provided that where the amount of that difference was prior to 1 January 2015 deemed to be a loan that constitutes an affected transaction, so much of that loan as has not been repaid before 1 January 2015 must-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if that resident is a company, be deemed to be a dividend consisting of a distribution of an asset in specie that was declared and paid by that resident to that other person; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if that resident is a person other than a company, be deemed, for purposes of Part V, to be a donation made by that resident to that other person, on 1 January 2015.<\/span><\/p>\n

[Words following paragraph (b) substituted by section 50 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 For the purposes of subsection (2), where any transaction, operation, scheme, agreement or understanding has been directly or indirectly entered into or effected as contemplated in that subsection in respect of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the granting of any financial assistance; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 intellectual property as contemplated in the definition of \u2018intellectual property \u2018 in section 23I<\/a>(1) or knowledge,<\/span><\/p>\n

<\/p>\n

\u2018connected person\u2019<\/strong> means a connected person as defined in section 1: Provided that the expression \u2018and no holder of shares holds the majority voting rights in the company\u2019 in paragraph (d)(v) of that definition must be disregarded.<\/p>\n

<\/p>\n

(5) \u00a0 \u00a0 Where any transaction, operation, scheme, agreement or understanding has been entered into between a headquarter company and-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any other person that is not a resident and that transaction, operation, scheme, agreement or understanding is in respect of the granting of financial assistance by that other person to that headquarter company, this section does not apply to so much of that financial assistance that is directly applied as financial assistance to any foreign company in which the headquarter company directly or indirectly (whether alone or together with any other company forming part of the same group of companies as that headquarter company) holds at least 10 per cent of the equity shares and voting rights;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any foreign company in which the headquarter company directly or indirectly (whether alone or together with any other company forming part of the same group of companies as that headquarter company) holds at least 10 per cent of the equity shares and voting rights and that transaction, operation, scheme, agreement or understanding comprises the granting of financial assistance by that headquarter company to that foreign company, this section does not apply to that financial assistance;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any other person that is not a resident and that transaction, operation, scheme, agreement or understanding is in respect of the granting of the use, right of use or permission to use any intellectual property as defined in section 23I<\/a>(1) by that other person to that headquarter company, this section does not apply to the extent that the headquarter company-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 grants that use, right of use or permission to use that intellectual property to any foreign company in which the headquarter company directly or indirectly (whether alone or together with any other company forming part of the same group of companies as that headquarter company) holds at least 10 per cent of the equity shares and voting rights; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 does not make use of that intellectual property otherwise than as contemplated in subparagraph (i); or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any foreign company in which the headquarter company directly or indirectly (whether alone or together with any other company forming part of the same group of companies as that headquarter company) holds at least 10 per cent of the equity shares and voting rights and that transaction, operation, scheme, agreement or understanding comprises the granting of the use, right of use or permission to use any intellectual property as defined in section 23I<\/a>(1) by that headquarter company to that foreign company, this section does not apply to that granting to that foreign company.<\/span><\/p>\n

<\/p>\n

(6) \u00a0 \u00a0 Where any transaction, operation, scheme, agreement or understanding that comprises the granting of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 financial assistance; or<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the use, right of use or permission to use any intellectual property as defined in section 23I<\/a>,<\/p>\n

<\/p>\n

by a person that is a resident (other than a headquarter company) to a controlled foreign company in relation to that resident or in relation to a company that forms part of the same group of companies as that resident, this section must not be applied in calculating the taxable income or tax payable by that resident in respect of any amount received by or accrued to that resident in terms of that transaction, operation, scheme, agreement or understanding if-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that controlled foreign company has a foreign business establishment as defined in section 9D<\/a>(1); and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the aggregate amount of tax payable to all spheres of government of any country other than the Republic by that controlled foreign company in respect of any foreign tax year of that controlled foreign company during which that transaction, operation, scheme, agreement or understanding exists is at least 67,5 per cent of the amount of normal tax that would have been payable in respect of any taxable income of that controlled foreign company had that controlled foreign company been a resident for that foreign tax year: Provided that the aggregate amount of tax so payable must be determined-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 after taking into account any applicable agreement for the prevention of double taxation and any credit, rebate or other right of recovery of tax from any sphere of government of any country other than the Republic; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 after disregarding any loss in respect of a year other than that foreign tax year or from a company other than that controlled foreign company.<\/span><\/p>\n

Paragraph (iii) amended by section 37(1)(c) of Act 34 of 2019 effective on 1 January, 2020 and applicable in respect of years of assessment ending on or after that date]<\/span><\/p>\n

<\/p>\n

(7) \u00a0 \u00a0 Where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any transaction, operation, scheme, agreement or understanding has been entered into between a company that is a resident (for purposes of this subsection referred to as resident company\u2019) or any company that forms part of the same group of companies as that resident company and any foreign company in which that resident company (whether alone or together with any other company that forms part of the same group of companies as that resident company) directly or indirectly holds in aggregate at least 10 per cent of the equity shares and voting rights and that transaction, operation, scheme, agreement or understanding comprises the granting of financial assistance that constitutes a debt owed by that foreign company to that resident company or any company that forms part of the same group of companies as that resident company;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that foreign company is not obliged to redeem that debt in full within 30 years from the date the debt is incurred;<\/span><\/p>\n

[Paragraph (b) amended by section 50 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the redemption of the debt in full by the foreign company is conditional upon the market value of the assets of the foreign company not being less than the market value of the liabilities of the foreign company, and<\/span><\/p>\n

[Paragraph (c) amended by section 50 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 no interest accrued in respect of the debt during the year of assessment,<\/span><\/p>\n

[Paragraph (d) added by section 50 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

this section must not apply to that debt.<\/p>\n","post_title":"Subsections 2, 3, 4, 5, 6 and 7 of section 31 of ITA","collection_order":760,"collection":597,"post_modified":"2022-02-05 20:53:59","post_date":"2015-10-15 12:13:52"},{"ID":"1387","post_content":"

33.\u00a0 Assessment of owners or charterers of ships or aircraft <\/strong>who are not residents of the Republic<\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Any person other than a resident who embarks passengers or loads livestock, mails or goods in the Republic, as an owner or charterer of any ship or aircraft, shall be deemed to have derived therefrom (apart from any taxable income derived by him from other sources) a taxable income of 10 per cent of the amount payable to him or to any agent on his behalf, whether the amount be payable in or outside the Republic, in respect of passengers, livestock, mails and goods so embarked or loaded, but the provisions of this section shall not apply to any such person who renders accounts which satisfactorily disclose the taxable income derived by him from the embarking of passengers or the loading of livestock, mails and goods as aforesaid.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where the person so embarking passengers or loading livestock, mails or goods has no recognized agent in the Republic other than the master of the ship or the pilot of the aircraft in connection with which any such amounts are payable, or where the agent fails to make returns of any such amounts payable in respect of any ship or aircraft \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the Commissioner may make the assessment from such information as may be available to him;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the tax thereon shall be payable to the Commissioner prior to the clearance of the ship or aircraft;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the principal officer of customs at the port or airport where such ship or aircraft is being cleared shall have power to detain the clearance until such payment is made; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 upon such payment the master, pilot or agent (as the case may be) shall be entitled to a certificate from such officer of customs that the amount so paid has been paid under the provisions of this Act, and such certificate shall be sufficient warrant to such master, pilot or agent of the amount so paid.<\/span><\/p>\n","post_title":"Section 33 (ITA) - Assessment of owners or charterers of ships or aircraft who are not residents of the Republic","collection_order":761,"collection":597,"post_modified":"2019-02-13 21:42:30","post_date":"2015-10-15 12:13:52"},{"ID":"1389","post_content":"

35A.\u00a0\u00a0Withholding of amounts from payments to non-resident sellers of immovable property<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Any person (hereinafter referred to as \u2018the purchaser\u2019) who must pay any amount to any other person who is not a resident (hereinafter referred to as \u2018the seller\u2019), or to any other person for or on behalf of that seller, in respect of the disposal by that seller of any immovable property in the Republic must, subject to subsection (2), withhold from the amount which that person must so pay, an amount equal to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 7,5 per cent of the amount so payable, in the case where the seller is a natural person;<\/span><\/p>\n

[Paragraph (a) substituted by section 10 of Act 14 of 2017 effective on 22 February 2017, applies in respect of any disposal on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 10 per cent of the amount so payable, in the case where the seller is a company;<\/span><\/p>\n

[Paragraph (b) substituted by section 10 of Act 14 of 2017 effective on 22 February 2017, applies in respect of any disposal on or after that date and amended by section 47 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 15 per cent of the amount so payable, in the case where the seller is a trust; and<\/span><\/p>\n

[Paragraph (c) substituted by section 10 of Act 14 of 2017 effective on 22 February 2017, applies in respect of any disposal on or after that date and amended by section 47 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 a percentage of the amount so payable as the Minister may announce in the national annual budget contemplated in section 27(1) of the Public Finance Management Act, with effect from a date mentioned in that Announcement.<\/span><\/p>\n

[Paragraph (d) added by section 47 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(1A)\u00a0\u00a0 If the Minister makes an announcement contemplated in subsection (1)(d), that rate comes into effect on the date determined by the Minister in that announcement and continues to apply for a period of 12 months from that date subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subsection (1A) inserted by section 47 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The seller may apply to the Commissioner, in the form and at the place as the Commissioner may determine, for a directive that no amount or a reduced amount be withheld by the purchaser in terms of subsection (1) solely having regard to-<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any security furnished for the payment of any tax due on the disposal of the immovable property by the seller;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the extent of the assets of the seller in the Republic;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 whether that seller is subject to tax in respect of the disposal of the immovable property; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 whether the actual liability of that seller for tax in respect of the disposal of the immovable property is less than the amount contemplated in subsection (1).<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The amount withheld from any payment to the seller in terms of subsection (1) is an advance in respect of that seller\u2019s liability for normal tax for the year of assessment during which that property is disposed of by that seller.<\/span><\/p>\n

\u00a0[Subsection renumbered as paragraph (a) by section 2 of Act 23 of 2015 effective on 8 January 2016]
<\/span><\/p>\n

(b) \u00a0\u00a0\u00a0\u00a0If the seller does not submit a return in respect of that year of assessment within 12 months after the end of that year of assessment, the payment of the amount in terms of subsection (4) is a sufficient basis for an assessment in terms of section 95 of the Tax Administration Act.<\/span><\/p>\n

[Paragraph (b) added by\u00a0section\u00a02\u00a0of\u00a0Act\u00a023 of 2015\u00a0and substituted by\u00a0section\u00a02\u00a0of\u00a0Act\u00a016 of 2016]<\/span><\/p>\n

<\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The amount withheld by a purchaser in terms of subsection (1), must be paid to the Commissioner-<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where that purchaser is a resident, within 14 days after the date on which that amount was so withheld; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where that purchaser is not a resident, within 28 days after the date on which that amount was so withheld.<\/span><\/p>\n


<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 If an amount has been withheld in terms of subsection (1) from any amount payable in a foreign currency, that amount so withheld must be translated to the currency of the Republic at the spot rate on the date that the amount is paid to the Commissioner.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 The purchaser must, together with the payment contemplated in subsection (4), submit to the Commissioner a return.<\/span><\/p>\n

<\/p>\n

(7) \u00a0 \u00a0 A purchaser is person ally liable under the circumstances contemplated in section 157<\/a> of the Tax Administration Act<\/a>, for the amount that must be withheld under subsection (1) only if the purchaser knows or should reasonably have known that the seller is not a resident and must pay that amount to the Commissioner not later than the date on which payment should have been made if the amount had in fact been withheld.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0\u00a0Subsection (7) does not apply if a property practitioner or conveyancer assists in the disposal of the immovable property and that property practitioner or conveyancer fails to notify the purchaser as contemplated in subsection (11).<\/span><\/span><\/p>\n

[Subsection (8)\u00a0substituted by\u00a0section 33(a)\u00a0by\u00a0Act 17 of 2023]<\/span><\/p>\n


<\/span><\/p>\n

(9) \u00a0\u00a0\u00a0\u00a0If a purchaser fails to pay any amount contemplated in subsection (1) to the Commissioner within the period allowed for payment in terms of subsection (4), that purchaser must pay a penalty equal to ten per cent of the amount, in addition to any other penalty or charge for which he or she may be liable under this Act.<\/span><\/p>\n

[Subsection\u00a0(9) substituted by\u00a0section 271\u00a0read with\u00a0paragraph 43(c)\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011\u00a0effective on 1\u00a0October, 2012 except to the extent that it relates to interest under this Act: Proclamation No.\u00a051 in\u00a0Government Gazette\u00a035687 of 14\u00a0September, 2012]<\/span><\/p>\n

<\/p>\n

[Subsection\u00a0(9)\u00a0substitution by\u00a0section 271\u00a0read with\u00a0paragraph 43(c)\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011\u00a0has only partially commenced to the extent that the amendment relates to the penalty and not to the extent it relates to interest]<\/span><\/strong><\/span><\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 If a purchaser fails to pay any amount contemplated in subsection (1) to the Commissioner within the period allowed for payment in terms of subsection (4), that purchaser-<\/span><\/p>\n

\u00a0<\/em><\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is liable for interest at the prescribed rate on any amount outstanding calculated from the day following the last date for payment to the date that the amount is received by the Commissioner; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 must pay a penalty equal to ten per cent of that amount, in addition to any other penalty or charge for which he or she may be liable under this Act.<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(11)\u00a0\u00a0\u00a0Any property practitioner and any conveyancer who is entitled to any remuneration or other payment in respect of services rendered in connection with the disposal of the immovable property by the seller or the registration of transfer, as the case may be, must before any payment is made to the seller each notify the purchaser in writing of the fact that the seller is not a resident and that the provisions of this section may apply.<\/span><\/span><\/p>\n

[Subsection (11)\u00a0substituted by\u00a0section 33(b)\u00a0by\u00a0Act 17 of 2023]<\/span><\/p>\n

<\/p>\n

(12)\u00a0\u00a0\u00a0If a property practitioner or conveyancer knows or should reasonably have known that the seller is not a resident and fails to comply with subsection (11), that failing Property practitioner or conveyancer is jointly and severally liable for the payment of the amount which the purchaser is required to withhold and pay to the Commissioner in terms of this section, but limited to the amount of remuneration or other payment in respect of the services rendered in connection with the disposal of the immovable property by the seller or the registration of transfer, as the case may be.<\/span><\/span><\/p>\n

[Subsection (12)\u00a0substituted by\u00a0section 33(c)\u00a0by\u00a0Act 17 of 2023]<\/span><\/p>\n

<\/p>\n

(13)\u00a0\u00a0\u00a0The property practitioner or conveyancer who paid an amount in terms of subsection (12) is deemed to be a withholding agent for purposes of the Tax Administration Act.<\/span><\/span><\/p>\n

[Subsection\u00a0(13)\u00a0substituted by\u00a0section\u00a0271\u00a0read with\u00a0paragraph 43(e)\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011\u00a0and by\u00a0section 33(d)\u00a0by\u00a0Act 17 of 2023]<\/span><\/p>\n

<\/p>\n

(14)\u00a0\u00a0 This section does not apply-<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if the amounts payable by the purchaser to the seller and to any other person for or on behalf of the seller, in respect of the acquisition by that purchaser of the immovable property, in aggregate do not exceed R2 million; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in respect of any deposit paid by a purchaser for purposes of securing the disposal of the immovable property by the seller to that purchaser, until the agreement for that disposal has become unconditional, in which case any amount which would have been required to be withheld from the amount of that deposit, must be withheld from the first following payments made by that purchaser in respect of that disposal.<\/span><\/p>\n

[Paragraph (b) substituted by section 57 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(15)\u00a0\u00a0 For purposes of this section-<\/span><\/p>\n

<\/p>\n

\u2018conveyancer\u2019<\/strong> means a \u2018conveyancer\u2019 as defined in section 102 of the Deeds Registries Act, 1937 (Act No. 47 of 1937);<\/p>\n

<\/p>\n

\u201cestate agent\u201d\u00a0\u00a0\u00a0\u00a0 <\/strong>.\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.\u00a0<\/span><\/p>\n

[Definition of \u201cestate agent\u201d deleted by\u00a0section 33(e)\u00a0of\u00a0Act 17 of 2023]<\/span><\/p>\n

\u00a0<\/strong><\/p>\n

\u2018foreign currency\u2019<\/strong> means any currency other than the currency of the Republic;<\/p>\n

\u00a0<\/strong><\/p>\n

\u201cimmovable property\u201d\u00a0<\/strong>means immovable property contemplated in\u00a0paragraph 2(1)(b)(i)\u00a0and\u00a0(2)\u00a0of the\u00a0Eighth Schedule; and<\/span><\/p>\n

[Definition of \u201cimmovable property\u201d substituted by\u00a0section 33(f)\u00a0of\u00a0Act 17 of 2023]<\/span><\/p>\n

\u201cproperty practitioner\u201d\u00a0<\/strong>means a property practitioner as defined in\u00a0section 1\u00a0of the Property Practitioners Act, 2019 (Act 22 of 2019).<\/span><\/p>\n

[Definition of \u201cproperty practitioner\u201d added by\u00a0section 33(g)\u00a0of\u00a0Act 17 of 2023]<\/span><\/p>\n","post_title":"Section 35A (ITA) - Withholding of amounts from payments to non-resident sellers of immovable property","collection_order":762,"collection":597,"post_modified":"2024-01-13 19:00:24","post_date":"2015-10-15 12:13:52"},{"ID":"1391","post_content":"

\u00a036. \u00a0 Calculation of redemption allowance and unredeemed balance of capital expenditure in <\/strong>connection with mining operations<\/strong><\/span><\/p>\n

<\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(7A)\u00a0 \u2026\u2026\u2026..<\/span><\/p>\n

<\/p>\n

(7B)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(7C)\u00a0\u00a0 Subject to the provisions of subsections (7E), (7F) and (7G), the amounts to be deducted under section 15<\/a>(a) from income derived from the working of any producing mine shall be the amount of capital expenditure incurred.<\/span><\/p>\n

<\/p>\n

(7D)\u00a0 \u2026\u2026\u2026..<\/span><\/p>\n

<\/p>\n

(7E) \u00a0The aggregate of the amounts of capital expenditure determined under subsection (7C) in respect of any year of assessment in relation to any mine or mines shall not exceed the taxable income (as determined before the deduction of any amount allowable under section 15<\/a>(a), but after the set\u2013<\/em>off of any balance of assessed loss incurred by the taxpayer in relation to such mine or mines in any previous year which has been carried forward from the preceding year of assessment) derived by the taxpayer from mining, and any amount by which the said aggregate would, but for the provisions of this subsection, have exceeded such taxable income as so determined, shall be carried forward and be deemed to be an amount of capital expenditure incurred during the next succeeding year of assessment in respect of the mine or mines to which such capital expenditure relates.<\/span><\/p>\n

<\/p>\n

(7EA) Subject to paragraph 12A<\/a>(6)(a) to (d) and (f) of the Eighth Schedule<\/a>, where a debt benefit, as defined in section 19<\/a>, arises in respect of a debt that is owed by a person and that debt was used directly or indirectly to fund any amount of capital expenditure incurred, the debt benefit in respect of that debt must be applied to reduce any amount of capital expenditure incurred in the year of assessment that the debt benefit arises: Provided that any amount of the debt benefit that exceeds the capital expenditure incurred in the year of assessment that the debt benefit arises, must be treated as an amount received by or accrued to that person carrying on mining operations during that year of assessment in respect of a disposal of assets the cost of which has been included in capital expenditure incurred in respect of the mine to which that capital expenditure relates.<\/span><\/p>\n

[Subsection (7EA) inserted by section 48 of Act 17 of 2017 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(7F) \u00a0The aggregate of the amounts of capital expenditure determined under subsection (7C) in respect of any year of assessment in relation to any one mine shall, unless the Minister, after consultation with the Cabinet member responsible for mineral resources and having regard to any relevant fiscal, financial or technical implications, otherwise directs, not exceed the taxable income (as determined before the deduction of any amount allowable under section 15<\/a>(a), but after the set-off of any balance of assessed loss incurred by the taxpayer in relation to that mine in any previous year which has been carried forward from the preceding year of assessment) derived by the taxpayer from mining on that mine, and any amount by which the said aggregate would, but for the provisions of this subsection, have exceeded such taxable income as so determined, shall be carried forward and be deemed to be an amount of capital expenditure incurred during the next succeeding year of assessment in respect of that mine: Provided that where the taxpayer was on 5 December 1984 carrying on mining operations on two or more mines, the said mines shall for the purposes of this subsection be deemed to be one mine.<\/span><\/p>\n

<\/p>\n

(7G)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Where in the case of any mine in respect of which mining operations or any related operations were or are commenced by the taxpayer after 14 March 1990 (in this subsection referred to as a new mine) an amount of capital expenditure falls to be disallowed under the provisions of subsection (7F), there shall, notwithstanding the provisions of that subsection, be deducted from the total taxable income derived by the taxpayer from mining (as determined after the deduction of any capital expenditure which does not fall to be disallowed under the said provisions and after the set\u2013<\/em>off of any assessed loss incurred by him from mining operations in a previous year of assessment which has been carried forward) so much of the total amount of capital expenditure which has been so disallowed in relation to all producing new mines owned by the taxpayer as does not exceed 25 per cent of such taxable income.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The provisions of paragraph (a) shall not apply to capital expenditure incurred in respect of any new mine \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 which has been disposed of by the taxpayer in the current or any previous year of assessment; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 if the taxpayer is a company and its acquisition of the right to mine or the mineral rights in respect of such mine was financed wholly or partly by the issue of any share in respect of which any dividend or foreign divident is to be calculated by reference to that portion of the company\u2019s profits which is attributable to the operation of such mine.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0 Where separate and distinct mining operations are carried on in mines that are not contiguous, the allowance for redemption of capital expenditure shall be computed separately.<\/span><\/p>\n","post_title":"Section 36 (ITA) - Calculation of redemption allowance and unredeemed balance of capital expenditure in connection with mining operations","collection_order":763,"collection":597,"post_modified":"2024-01-13 19:01:08","post_date":"2015-10-15 12:13:52"},{"ID":"1393","post_content":"

(11)\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n

<\/p>\n

\u201ccapital expenditure\u201d<\/strong> means \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0expenditure (other than interest or finance charges) on shaft sinking and mine equipment (other than expenditure referred to in paragraphs (d) and (dA));<\/span><\/span><\/p>\n

[Paragraph (a) substituted by section 28(1)(b) of Act 85 of 1974, by section 14(a) of Act 70 of 1989, by section 30 of Act 129 of 1991, by section 26(a) of Act 20 of 2006 and by section 34(1)(a) of Act 17 of 2023 effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 expenditure on development, general administration and management (including any interest and other charges payable after the thirty\u2013<\/em>first day of December, 1950, on loans utilized for mining purposes) prior to the commencement of production or during any period of non\u2013<\/em>production; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in the case of any post-1973 gold mine or any post-1990 gold mine, an allowance calculated at the rate of 10 per cent per annum in the case of a post-1973 gold mine or 12 per cent per annum in the case of any post-1990 gold mine on the amount of the aggregate of \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the expenditure referred to in paragraphs (a) and (b), excluding any interest and other charges on loans referred to in paragraph (b), if the mine is a post-1973 gold mine or a post-1990 gold mine;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the amount (if any) allowed to rank as capital expenditure in terms of section 37<\/a>;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 any expenditure incurred during any period of production on development on any reef on which at the date of such development stoping has not yet commenced;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 the instalments of expenditure referred to in paragraph (d); and<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 the unredeemed balance of the aggregate determined in terms of this paragraph up to the end of the year of assessment immediately preceding the year of assessment under charge and which shall include the capital allowance determined in terms of this paragraph for such preceding year of assessment,<\/span><\/p>\n

<\/p>\n

if the mine is a post\u2013<\/em>1973 gold mine or a post\u2013<\/em>1990 gold mine, for the period from the end of the month in which the expenditure is actually incurred up to the end of the year of assessment immediately preceding the first year of assessment in respect of which the determination of the taxable income derived from the working of such mine does not result in an assessed loss or nil: Provided that-<\/p>\n

<\/p>\n

(aa) \u00a0 the amount under this paragraph shall not be calculated for any period during which mining operations are not carried on in accordance with the terms of the relevant \u2013<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 mining authorization issued under the Minerals Act, 1991 (Act No. 50 of 1991); or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 mining right or mining permit issued in terms of the Mineral and Petroleum Resources Development Act;<\/span><\/p>\n

[Subparagraph (B) substituted by section 83 of Act 31 of 2013 and section 51 of Act 43 of 2014 effective on 1 May 2004]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 notwithstanding anything to the contrary in any law contained, the amount under this paragraph shall not be taken into account for the purpose of \u2013<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 calculating the allowance provided for in section 25(2) of the Mining Rights Act, 1967;<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0determining the profits of which a share is payable to the State in terms of any mining authorization issued under the Minerals Act, 1991 (Act No. 50 of 1991);<\/span><\/p>\n

<\/p>\n

(C) \u00a0 \u00a0determining the amounts payable to the State in terms of the transitional mineral and petroleum provisions contemplated in Schedule 3 of the Taxation Laws Amendment Act, 2004 (Act No. 16 of 2004);<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 the unredeemed balance of the aggregate of the amounts referred to in subparagraphs (i) to (v), inclusive, of this paragraph, shall be determined by the deduction from such aggregate at the end of every year of assessment \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 of the taxable income derived from the working of such mine for such year of assessment, as determined before the deduction of any amount allowable under section 15<\/a>(a) in relation to such mine and before the set\u2013<\/em>off in terms of section 20<\/a>(1)(a) of any balance of assessed loss which is attributable to any deduction made under section 15<\/a>(a) in relation to such mine; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where the mine concerned is a mine to which subsection (7G) applies, an amount equal to that portion of the capital expenditure of such mine which has been set off against the taxable income of another mine or mines during such year of assessment;<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 the sum of the expenditure contemplated in this paragraph shall be reduced by the sum of the amounts received or accrued during the said relevant period from disposals of assets contemplated in the definition of \u201ccapital expenditure incurred\u201d;<\/span><\/p>\n

<\/p>\n

(ee)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(ff)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(gg) \u00a0 notwithstanding anything to the contrary in this paragraph, the instalment of expenditure which is in terms of paragraph (d) deemed to be payable during a year of assessment shall qualify for the calculation of the amount under this paragraph as from the first day of the year of assessment following the said year of assessment;<\/span><\/p>\n

<\/p>\n

(hh)\u00a0\u00a0 where a sale, transfer, lease or cession of any mining property, as contemplated in section 37<\/a>, occurs which results in the disposal of an asset in respect of which the provisions of paragraph (d) are applicable, so much of the effective value as relates to the asset so disposed of shall qualify for the calculation of the amount under this paragraph as from the first day of the year of assessment following the year of assessment during which the agreement of sale, transfer, lease or cession of that mining property takes effect; and<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 expenditure (excluding the cost of land, surface rights and servitudes) the payment of which has become due on or after 1 July 1989 in respect of the acquisition, erection, construction, improvement or laying out of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 housing for residential occupation by the taxpayer\u2019s employees (other than housing intended for sale) and furniture for such housing;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 infrastructure in respect of residential areas developed for sale to the taxpayer\u2019s employees;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 any hospital, school, shop or similar amenity (including furniture and equipment) owned and operated by the taxpayer mainly for the use of his employees or any garage or carport for any motor vehicle referred to in subparagraph (vi);<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 recreational buildings and facilities owned and operated by the taxpayer mainly for the use of his employees;<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 any railway line or system having a similar function for the transport of minerals from the mine to the nearest public transport system or outlet;<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 motor vehicles intended for the private or partly private use of the taxpayer\u2019s employees:<\/span><\/p>\n

<\/p>\n

Provided that \u2013<\/em><\/p>\n

<\/p>\n

(aa) \u00a0 such expenditure shall for the purposes of this definition be deemed to be payable in ten successive equal annual instalments or, where subparagraph (vi) is applicable, five successive equal annual instalments, the first of which shall be deemed to be payable on the date on which payment of the relevant expenditure became due and the successeding instalments on the appropriate anniversaries of that date, but if any such anniversary falls on a date after the asset to which such expenditure relates has been sold, disposed of or scrapped by the taxpayer, the instalment of such expenditure so deemed to be payable on such anniversary shall be disregarded;<\/span><\/p>\n


<\/span><\/p>\n

(bb)\u00a0\u00a0 where it is shown to the satisfaction of the Commissioner that the life of the relevant mine will extend over a period which is shorter than the period during which the said instalments are so deemed to be payable, the Commissioner may reduce the number of instalments relating to the expenditure not yet redeemed and the amount of each instalment shall be determined by dividing the amount of the expenditure remaining to be redeemed by the number of years in the remainder of the life of the mine;<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 where any asset the expenditure in respect of which has qualified as capital expenditure under this paragraph is sold, disposed of or scrapped by the taxpayer during any year of assessment, an allowance shall be made in respect of that asset, equal to the amount by which the full amount of the expenditure incurred by the taxpayer in respect of that asset, as contemplated in this paragraph, exceeds the total amount of all the instalments of such expenditure which are deemed by paragraph (aa) of this proviso to be payable before the asset was sold, disposed of or scrapped, and in such case the amount of the said allowance shall be deemed to be the final instalment of the said expenditure made on the date on which the asset was sold, disposed of or scrapped;<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 where a taxpayer completes an improvement as contemplated in section 12N<\/a> in respect of the items contemplated in subparagraph (i), (ii), (iii), (iv) or (v), the expenditure incurred by the taxpayer to complete the improvement shall be deemed to be expenditure for the purposes of this section;<\/span><\/p>\n

<\/p>\n

(dA)\u00a0\u00a0125 per cent of the expenditure (excluding finance charges) for the acquisition of any new and unused machinery, plant, implement, utensil, or article owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of \u2018instalment credit agreement\u2019 in section 1 of the Value-Added Tax Act and which was or is brought into use for the first time by that taxpayer for the purpose of that taxpayer\u2019s trade on or after 1 March 2023 and before 1 March 2025 to be used by that taxpayer in the generation of electricity in the Republic from-<\/span><\/span><\/p>\n

<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0wind power;<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0photovoltaic solar energy;<\/span><\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0concentrated solar energy;<\/span><\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0\u00a0hydropower; or<\/span><\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0biomass comprising organic wastes, landfill gas or plant material:<\/span><\/span><\/p>\n

<\/p>\n

Provided that where any machinery, plant, implement, utensil or article for which a deduction is allowed under this section is mounted on or affixed to any concrete or other foundation or supporting structure and-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the foundation or supporting structure is designed for such machinery, plant, implement, utensil or article and constructed in such manner that it is or should be regarded as being integrated with the machinery, plant, implement, utensil or article; and<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the useful life of the foundation or supporting structure is or will be limited to the useful life of the machinery, plant, implement, utensil or article mounted thereon or affixed thereto,<\/span><\/span><\/p>\n

<\/p>\n

the foundation or supporting structure shall be deemed to be part of the machinery, plant, implement, utensil or article mounted thereon or affixed thereto;<\/span><\/p>\n

[Paragraph (dA)\u00a0inserted by\u00a0section 34(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n

<\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 where that trade constitutes mining, any expenditure incurred in terms of a mining right pursuant to the Mineral and Petroleum Resources Development Act other than in respect of infrastructure or environmental rehabilitation;<\/span><\/p>\n

<\/p>\n

(eA)\u00a0\u00a0expenditure (excluding the cost of land, surface rights and servitudes) actually incurred and paid during a year of assessment in respect of a social and labour plan for the purposes of the contributions by holders of mining rights towards the socioeconomic development of the areas in which those holders are operating and that expenditure is in respect of the acquisition, erection, construction, improvement or laying out of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0housing for residential occupation (other than housing intended for sale) and furniture for such housing;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0infrastructure in respect of residential areas developed;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0any hospital, school, shop or similar amenity (including furniture and equipment); or<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0recreational buildings and facilities:<\/span><\/p>\n

<\/p>\n

Provided that-<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0 such expenditure shall for the purposes of this definition be deemed to be paid in ten successive equal annual instalments, the first of which shall be deemed to be paid on the date on which payment of the relevant expenditure was made and the succeeding instalments on the appropriate anniversaries of that date, but if any such anniversary falls on a date after the asset to which such expenditure relates has been sold, disposed of or scrapped by the taxpayer, the instalment of such expenditure so deemed to be paid on such anniversary shall be disregarded;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 where it is shown to the satisfaction of the Commissioner that the life of the relevant mine will extend over a period which is shorter than the period during which the said instalments are so deemed to be paid, the Commissioner may reduce the number of instalments relating to the expenditure not yet redeemed and the amount of each instalment shall be determined by dividing the amount of the expenditure remaining to be redeemed by the number of years in the remainder of the life of the mine; and<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0where any asset the expenditure in respect of which has qualified as capital expenditure under this paragraph is sold, disposed of or scrapped by the taxpayer during any year of assessment, an allowance shall be made in respect of that asset, equal to the amount by which the full amount of the expenditure paid by the taxpayer in respect of that asset, as contemplated in this paragraph, exceeds the total amount of all the instalments of such expenditure which are deemed by paragraph (aa) of this proviso to be paid before the asset was sold, disposed of or scrapped, and in such case the amount of the said allowance shall be deemed to be the final installment of the said expenditure made on the date on which the asset was sold, disposed of or scrapped;<\/span><\/p>\n

[Paragraph (eA)\u00a0inserted by\u00a0section\u00a052(1)(a)\u00a0of\u00a0Act\u00a015 of 2016\u00a0effective on 1 April, 2017 and applicable in respect of expenditure incurred during years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 in respect of the disposal of any low-cost residential unit of the taxpayer, an amount equal to 10 per cent of any amount owing to the taxpayer or an \u2018associated institution\u2019, as defined in the Seventh Schedule, in relation to the taxpayer by the employee in respect of the unit at the end of the taxpayer\u2019s year of assessment: Provided that no amount shall be taken into account in terms of this paragraph in the eleventh and subsequent years of assessment, and that this paragraph shall not apply in respect of any disposal by the taxpayer if-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the disposal is subject to any condition other than a condition in terms of which the employee is required-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 on termination of employment; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 in the case of consistent failure for a period of three months on the part of the employee to pay an amount owing to the taxpayer or an \u2018associated institution , as defined in the Seventh Schedule, in relation to the taxpayer in respect of a low-cost residential unit,<\/span><\/p>\n

<\/p>\n

to dispose of the low-cost residential unit to the taxpayer (or any associated institution, as defined in the Seventh Schedule, in relation to the taxpayer) for an amount equal to the actual cost (other than borrowing or finance costs) to the employee of the unit and the land on which the unit is erected;<\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the employee must pay interest to the taxpayer in respect of the amount owing to the taxpayer by the employee in respect of the unit; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the disposal is for an amount that exceeds the actual cost (other than borrowing or finance costs) to the taxpayer of the unit and the land on which the unit is erected:<\/span><\/p>\n

<\/p>\n

Provided further that if the amount owing or any part thereof is paid to the taxpayer, the taxpayer is deemed to have recovered or recouped an amount equal to the lesser of-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the amount so paid; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the amount of the expenditure in terms of this section in the current and any previous year of assessment;<\/span><\/p>\n","post_title":"\"Capital expenditure\" definition of section 36 of ITA","collection_order":764,"collection":597,"post_modified":"2024-01-26 11:58:28","post_date":"2015-04-16 18:43:42"},{"ID":"1395","post_content":"

\u201ccapital expenditure incurred\u201d<\/strong>, for the purpose of determining the amount of capital expenditure incurred during any period in respect of any mine, means the amount (if any) by which the expenditure that is incurred during such period in respect of such mine and is capital expenditure, exceeds the sum of the amounts received or accrued during the said period from disposals of assets the cost of which has in whole or in part been included in capital expenditure taken into account (whether under this Act or any previous Income Tax Act) for the purposes of any deduction in respect of such mine under section 15<\/a>(a) of this Act or the corresponding provisions of any previous Income Tax Act;<\/p>\n","post_title":"\"Capital expenditure incurred\" definition of section 36 of ITA","collection_order":765,"collection":597,"post_modified":"2021-04-07 18:33:18","post_date":"2015-10-15 12:13:52"},{"ID":"1397","post_content":"

\u201cexpenditure on shaft sinking\u201d<\/strong> includes the expenditure on sumps, pump\u2013<\/em>chambers, stations and ore bins accessory to a shaft;<\/p>\n","post_title":"\"Expenditure on shaft sinking\" definition of section 36 of ITA","collection_order":766,"collection":597,"post_modified":"2021-04-07 18:33:03","post_date":"2015-10-15 12:13:52"},{"ID":"1399","post_content":"

\u201cexpenditure\u201d\u00a0<\/strong>means net expenditure after taking into account any rebates or returns from expenditure, regardless of when such last-mentioned expenditure was incurred;<\/p>\n

[Definition of \u201cexpenditure\u201d subsitututed by\u00a0section\u00a021(d)\u00a0of\u00a0Act\u00a065 of 1973\u00a0and amended by\u00a0section\u00a052(1)(b)\u00a0of\u00a0Act\u00a015 of 2016\u00a0effective on 1 April, 2017 and applicable in respect of expenditure incurred during years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Expenditure\" definition of section 36 of ITA","collection_order":767,"collection":597,"post_modified":"2021-04-07 18:32:44","post_date":"2015-10-15 12:13:52"},{"ID":"11601","post_content":"

\u201csocial and labour plan\u201d<\/strong>\u00a0means social and labour plan as contemplated in Part II of the Mineral and Petroleum Resources Development Regulations, 2004 (Government Notice R. 527 published in\u00a0Government Gazette<\/em>\u00a0No. 26275 of 23 April 2004), made by the Minister of Minerals and Energy in terms of\u00a0section 107(1) of the Mineral and Petroleum Resources Development Act.<\/p>\n

[Definition of \u201csocial and labour plan\u201d inserted by section 52 of Act 15 of 2016 effective on 1 April 2017, applies in respect of expenditure incurred during years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Social and labour plan\" definition of section 36 of ITA","collection_order":768,"collection":597,"post_modified":"2021-04-07 18:32:55","post_date":"2017-06-17 20:12:53"},{"ID":"1401","post_content":"

(12)\u00a0\u00a0 The balance of capital expenditure unredeemed at the commencement of the first year of assessment chargeable under this Act shall be the balance shown to be unredeemed at the end of the last year of assessment chargeable under the Income Tax Act, 1941.<\/span><\/p>\n","post_title":"Subsection 12 of section 36 of ITA","collection_order":769,"collection":597,"post_modified":"2019-02-13 21:43:24","post_date":"2015-10-15 12:13:52"},{"ID":"1403","post_content":"

37. \u00a0 \u00a0 Calculation of capital expenditure on sale, transfer, lease or cession of mining property<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this Act, but subject to subsection (1A), whenever a taxpayer-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 sells, transfers, leases or cedes any mining property; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 disposes of any assets contemplated in section 36<\/a>(11) (hereinafter referred to as \u2018the capital assets\u2019) in consequence of the sale, transfer, lease or cession contemplated in paragraph (a),<\/span><\/p>\n

\u00a0<\/p>\n

the person acquiring those capital assets shall be deemed to have acquired such capital assets at a cost equal to the effective value of those capital assets to that person on the effective date of that agreement of sale, transfer, lease or cession of the mining property, and the said cost shall be deemed to be expenditure that is incurred by that person during the period of assessment during which that agreement takes effect and to be capital expenditure which is in respect of such period required to be taken into account for the purposes of the definition of \u2018capital expenditure incurred\u2019 in section 36<\/a>(11).<\/p>\n

\u00a0<\/p>\n

(1A)\u00a0 Where any consideration is given by the person acquiring the assets disposed of by the taxpayer, as contemplated in subsection (1), and the effective value of all those assets (including any mining property) so acquired, exceeds that consideration, the amount of the cost and expenditure in respect of the capital assets shall, for the purposes of subsection ( 1), be deemed to be an amount which bears to the total amount of such consideration the same ratio as such effective value of those capital assets bears to the effective value to that person of all the assets (including any mining property) so disposed of to that person.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For the purposes of paragraph (j) of the definition of \u2018gross income\u2019 in section 1<\/a> and section 36<\/a>, the taxpayer who disposes of any capital assets contemplated in subsection (1), shall be deemed to have disposed of such capital assets for a consideration equal in value to the cost of those capital assets to the person acquiring such capital assets as determined under subsection (1) and (1A), and such consideration shall be deemed to have been received by or to have accrued to the said taxpayer on the effective date of the agreement of sale, transfer, lease or cession.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 If the value of the consideration given or the value of the property disposed of is in dispute, the value may, be fixed by the Commissioner and shall be determined \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of any mining property, in the same manner as if transfer duty were payable; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of any capital asset, at the market value of such capital asset.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The effective value on the effective date of the agreement of sale, transfer, lease or cession, of all the assets disposed of, shall be determined by the Director General for Minerals and Energy who shall, notwithstanding the repeal of the Second Schedule to the Transvaal Mining Leases and Mineral Law Amendment Act, 1918 (Act No. 30 of 1918), for the purposes of such determination have all the powers which were conferred upon him by the provisions of that Schedule.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 For the purpose of this section, \u2018mining property\u2019 means-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any land on which mining is carried on; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any right to minerals (including any right to mine for minerals) and a lease or sub-lease of such a right.<\/span><\/p>\n","post_title":"Section 37 (ITA) - Calculation of capital expenditure on sale, transfer, lease or cession of mining property","collection_order":770,"collection":597,"post_modified":"2019-02-13 21:43:32","post_date":"2015-10-15 12:13:52"},{"ID":"1405","post_content":"

37A.<\/strong>\u00a0\u00a0\u00a0 Closure rehabilitation company or trust<\/strong><\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For purposes of determining the taxable income derived by a person from carrying on any trade, any cash paid during any year of assessment commencing on or after 2 November 2006 by that person to a company or trust shall be deducted from that person\u2019s income if \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the sole object of that company or trust is to apply its property solely for rehabilitation upon premature closure, decommissioning and final closure, and post closure coverage of any latent and residual environmental impacts on the area covered in terms of any permit, right, reservation or permission contemplated in paragraph (d)(i)(aa) to restore one or more areas to their natural or predetermined state, or to a land use which conforms to the generally accepted principle of sustainable development;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that company or trust holds assets solely for purposes contemplated in paragraph (a);<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that company or trust makes distributions solely for purposes contemplated in paragraph (a), or subsection (3) or (4); and<\/span><\/p>\n


<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 that person \u2013<\/span><\/p>\n


<\/span><\/p>\n

(i)<\/span><\/p>\n


<\/span><\/p>\n

(aa) \u00a0 holds a permit or right in respect of prospecting, exploration, mining or production, an old order right or OP26 right as defined in item 1 of Schedule II or any reservation or permission for or right to the use of the surface of land as contemplated in item 9 of Schedule II to the Mineral and Petroleum Resources Development Act; or<\/span><\/p>\n


<\/span><\/p>\n

(bb)\u00a0\u00a0 is engaged in prospecting, exploration, mining or production in terms of any permit, right, reservation or permission as contemplated in item (aa); or<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 after approval by the Commissioner, paid any cash to that company or trust and that payment was not part of any transaction, operation or scheme designed solely or mainly for purposes of shifting the deduction contemplated in this subsection from another person to that person.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The company or trust contemplated in subsection (1) may only hold \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 financial instruments issued by any \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 collective investment scheme as regulated in terms of the Collective Investment Schemes Control Act;<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 long-term insurer as regulated in terms of the Long-Term Insurance Act;<\/span><\/p>\n


<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 bank as regulated in terms of the Banks Act; or<\/span><\/p>\n


<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 mutual bank as regulated in terms of the Mutual Banks Act 1993 (Act No. 124 of 1993);<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 financial instruments of a listed company unless \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 those financial instruments are issued by a person contemplated in subsection (1)(d); or<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 those financial instruments are issued by a person that is a connected person in relation to a person contemplated in subsection (1)(d);<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 financial instruments issued by any sphere of government in the Republic; or<\/span><\/p>\n


<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any other investments which were held by that company or trust before 18 November 2003.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 To the extent that the Cabinet member for mineral resources is satisfied that all of the areas in terms of any permit, right, reservation or permission contemplated in subsection (1)(d)(i)(aa) that have been rehabilitated as contemplated in subsection (1)(a), the company or trust in respect of those areas must be wound-up or liquidated and its assets remaining after the satisfaction of its liabilities must be transferred to \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 another company or trust as contemplated in this section as approved by the Commissioner; or<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if no such company or trust has been established, to an account or trust prescribed by the Cabinet member for mineral resources as approved of by the Commissioner if the Commissioner is satisfied that such company or trust satisfies the objects of subsection (1)(a).<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 If the Cabinet member for mineral resources is satisfied that a company or trust as contemplated in subsection (1)(a) \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 will be able to satisfy all of the liabilities of that company or trust; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 such company or trust has sufficient assets to rehabilitate and restore, as contemplated in subsection (1)(a), all areas to which any permit, right, reservation or permission contemplated in subsection (1)(d)(i)(aa) relates, as the case may be,<\/span><\/p>\n


<\/span><\/p>\n

that company or trust may transfer assets not required for purposes of paragraphs (a) and (b) to another company or trust established in terms of this section as approved by the Commissioner,<\/p>\n

<\/p>\n

(5)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The constitution of a company or the instrument establishing a trust contemplated in this section must incorporate the provisions of this section and any amendments thereto.<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where the constitution of a company or the instrument establishing a trust contemplated in this section does not comply with this section, it shall be deemed to comply for a period not exceeding two years, if the person responsible in a fiduciary capacity for the funds and the assets of that company or trust, furnishes the Commissioner with a written undertaking that that company or trust will be administered in compliance with this section.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0If a company or trust holds a financial instrument or investment during any year of assessment-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 other than a financial instrument contemplated in subsection (2); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 other than an investment contemplated in subsection (2)(d),<\/span><\/p>\n

<\/p>\n

an amount equal to 50 per cent of the highest market value of that other financial instrument or other investment during that year of assessment must be deemed to be an amount of normal tax payable by the person contemplated in subsection (1)(d), subject to subsection (8), to the extent that the financial instrument or investment is directly or indirectly derived from any amount in cash paid by that person to that company or that trust.<\/p>\n

[Subsection (6) amended by section 28 of Act 8 of 2007 and substituted by section 49 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If a company or trust contemplated in subsection (1) during any year of assessment-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 distributes property from that company or trust for a purpose other than-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 rehabilitation upon premature closure;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 decommissioning and final closure;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 post closure coverage of any latent or residual environmental impacts; or<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 transfer to another company, trust, or account established for the purposes contemplated in subsection (1)(a); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 uses property from that company or trust as security for any debt for a purpose other than a purpose contemplated in paragraph (a)(i) or (ii),<\/span><\/p>\n

<\/p>\n

an amount equal to 50 per cent of the highest market value during that year of assessment of the property so distributed or used as security must be deemed to be an amount of normal tax payable by the person contemplated in subsection (1)(d), subject to subsection (8), in respect of that year of assessment.<\/p>\n

[Subsection (7) amended by section 28 of Act 8 of 2007 and substituted by section 47 of Act 35 of 2007 and section 49 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0\u00a0Any amount deemed to be an amount of normal tax payable by the person contemplated in subsection (1)(d) in terms of subsection (6) or (7) must, to the extent that the amount cannot be recovered from that person, be recovered from the trust or company contemplated in this section.<\/span><\/p>\n

[Subsection (8) amended by section 28 of Act 8 of 2007 and substituted by section 49 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0\u00a0Subsection (7) does not apply in respect of any amount deemed to be an amount of normal tax that is paid to the Commissioner by a company or trust contemplated in this section.<\/span><\/p>\n

[Subsection (9) inserted by section 49 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0\u00a0\u00a0 A company or trust contemplated in this section must-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 within three months after the end of any year of assessment submit a report to the Director-General of the National Treasury in respect of that year of assessment providing the Director-General of the National Treasury with information comprising-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the total amount of contributions to the company or the trust;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the total amount of withdrawals from the company or the trust; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the purposes for which any amount of those withdrawals were applied; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 within seven days after receiving a request from the Director-General of the National Treasury provide such information as the Director-General may require.<\/span><\/p>\n

[Subsection (10) inserted by section 49 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"Section 37A (ITA) - Closure rehabilitation company or trust","collection_order":771,"collection":597,"post_modified":"2019-06-19 11:14:48","post_date":"2015-10-15 12:13:52"},{"ID":"1407","post_content":"

37B.\u00a0\u00a0\u00a0\u00a0 Deductions in respect of environmental expenditure<\/span><\/strong><\/p>\n","post_title":"Section 37B (ITA) - Deductions in respect of environmental expenditure","collection_order":772,"collection":597,"post_modified":"2019-02-09 22:38:44","post_date":"2015-04-16 18:51:58"},{"ID":"1409","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For purposes of this section \u2013<\/span><\/p>\n

\u00a0<\/p>\n

\u2018environmental treatment and recycling asset\u2019<\/strong> means any air, water, and solid waste treatment and recycling plant or pollution control and monitoring equipment (and any improvement to the plant or equipment) if the plant or equipment is-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 utilised in the course of a taxpayer\u2019s trade in a process that is ancillary to any process of manufacture or any other process which, in the opinion of the Commissioner, is of a similar nature; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 required by any law of the Republic for purposes of complying with measures that protect the environment; and<\/span><\/p>\n","post_title":"\"Environmental treatment and recycling asset\" definition of section 37B of ITA","collection_order":773,"collection":597,"post_modified":"2019-02-13 21:43:47","post_date":"2015-10-15 12:13:52"},{"ID":"1411","post_content":"

\u2018environmental waste disposal asset\u2019<\/strong> means any air, water, and solid waste disposal site, dam, dump, reservoir, or other structure of a similar nature, or any improvement thereto, if the structure is \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 of a permanent nature;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 utilised in the course of a taxpayer\u2019s trade in a process that is ancillary to any process of manufacture or any other process which, in the opinion of the Commissioner, is of a similar nature; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 required by any law of the Republic for purposes of complying with measures that protect the environment.<\/span><\/p>\n","post_title":"\"Environmental waste disposal asset\" definition of section 37B of ITA","collection_order":774,"collection":597,"post_modified":"2019-02-13 21:43:54","post_date":"2015-10-15 12:13:52"},{"ID":"1413","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 There shall be allowed to be deducted from the income of the taxpayer, in respect of any year of assessment, an allowance equal to \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of a new and unused environmental treatment and recycling asset owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of an \u2018instalment credit agreement\u2019 in section 1 of the Value-Added Tax Act, 40 per cent of the cost to the taxpayer to acquire the asset in the year of assessment that it is brought into use for the first time by that taxpayer, and 20 per cent in each succeeding year of assessment; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of a new and unused environmental waste disposal asset owned by the taxpayer or acquired by the taxpayer as purchaser in terms of an agreement contemplated in paragraph (a) of the definition of an \u2018instalment credit agreement\u2019 in section 1 of the Value-Added Tax Act, five per cent of the cost to the taxpayer to acquire the asset in the year of assessment that it is brought into use for the first time by that taxpayer, and five per cent in each succeeding year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the 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 or the cost which a person would, if that person had acquired such asset under a cash transaction concluded at arm\u2019s length on the date on which the transaction for the acquisition was in fact concluded, have incurred in respect of the direct cost of the acquisition.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 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 year or any subsequent year in which such asset was used by the 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.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section in respect of any asset that has been disposed of by the taxpayer during any previous year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 For purposes of determining the taxable income derived during any year of assessment by a taxpayer, there shall be allowed as a deduction any expenditure or loss in respect of decommissioning, remediation or restoration arising from any trade previously carried on by that taxpayer to the extent that such expenditure or loss \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is incurred for purposes of complying with any law of the Republic that provides for the protection of the environment upon the cessation of trade;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 would otherwise have been allowed as a deduction in terms of section 11 had that taxpayer still been carrying on that trade; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 is not otherwise allowed as a deduction.<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 Any assessed loss of a taxpayer as defined in section 20<\/a>(2) that is attributable to any expenditure or loss contemplated in subsection (6) may be set off against income derived by that taxpayer during a year of assessment notwithstanding the fact that the taxpayer is not carrying on any trade during that year.<\/span><\/p>\n

\u00a0<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under section 11<\/a>, 12C<\/a> or 13<\/a> in respect of the cost of an environmental treatment and recycling asset or an environmental waste disposal asset.<\/span><\/p>\n

\u00a0<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 The deductions which may be allowed in terms of this section in respect of any asset shall not in the aggregate exceed the cost to the taxpayer of such asset.<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5, 6, 7, 8 and 9 of section 37B of ITA","collection_order":775,"collection":597,"post_modified":"2019-02-13 21:44:01","post_date":"2015-10-15 12:13:52"},{"ID":"1415","post_content":"

37C.\u00a0\u00a0\u00a0 Deductions in respect of environmental conservation and maintenance<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Expenditure actually incurred by a taxpayer to conserve or maintain land is deemed to be expenditure incurred in the production of income and for purposes of a trade carried on by that taxpayer, if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the conservation or maintenance is carried out in terms of a biodiversity management agreement that has a duration of at least five years entered into by the taxpayer in terms of section 44 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 land utilised by the taxpayer for the production of income and for purposes of a trade consists of, includes or is in the immediate proximity of the land that is the subject of the agreement contemplated in paragraph (a).<\/span><\/p>\n

<\/p>\n

(2)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Any deduction of expenditure contemplated in subsection (1) must not be allowed to the extent that the expenditure exceeds the income of the taxpayer derived from trade carried on by the taxpayer on land utilised as contemplated in subsection (1)(b) in any year of assessment.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The amount by which the deduction exceeds the income of the taxpayer so derived must be deemed to be expenditure incurred by the taxpayer in the following year of assessment.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 An amount equal to the expenditure actually incurred by a taxpayer to conserve or maintain land owned by the taxpayer is for purposes of section 18A<\/a> deemed to be a donation by the taxpayer actually paid or transferred during the year to the Government for which a receipt has been issued in terms of section 18A<\/a>(2), if the conservation or maintenance is carried out in terms of a declaration that has a duration of at least 30 years in terms of section 20, 23 or 28 of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003).<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 If during the current or any previous year of assessment a deduction is or was allowed to the taxpayer in terms of subsection (1) or (3) in respect of expenditure incurred to conserve or maintain land in terms of an agreement or declaration contemplated in those subsections, and the taxpayer subsequently is in breach of that agreement or violates that declaration, an amount equal to the deductions allowed in respect of expenditure incurred within the period of five years preceding the breach or violation must be included in the income of the taxpayer for the current year of assessment.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (5) amended by section 86 of Act 31 of 2013, deleted by section 52 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (6) deleted by section 52 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (7) deleted by section 52 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n","post_title":"Section 37C (ITA) - Deductions in respect of environmental conservation and maintenance","collection_order":776,"collection":597,"post_modified":"2019-02-13 21:44:11","post_date":"2015-10-15 12:13:52"},{"ID":"10851","post_content":"

37D.\u00a0\u00a0\u00a0 Allowance in respect of land conservation in respect of nature reserves or national parks<\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this section, \u2018declared land\u2019<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 land owned by a person and that is declared a national park or nature reserve in terms of an agreement entered into with that person under section 20 or 23 of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0land in respect of which an endorsement is effected to the title deed of that land that reflects the declaration contemplated in paragraph (a) and has a duration of at least 99 years.<\/span><\/p>\n

[Paragraph (b) substituted by section 53 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 There must be allowed to be deducted from the income of any person in respect of declared land, in the year of assessment during which that land becomes declared land and in each subsequent year of assessment, an amount equal to four per cent of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the expenditure incurred in respect of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the acquisition of the declared land; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 improvements effected to the declared land (other than borrowing or finance costs),<\/span><\/p>\n

<\/p>\n

if that expenditure is not less than the lower of market value or municipal value of that declared land; or<\/p>\n

[Words following paragraph (a) substituted by section 53 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an amount determined in accordance with the formula:<\/span><\/p>\n

<\/p>\n

A = B + (C\u00a0 x\u00a0 D)<\/p>\n

<\/p>\n

in which formula-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2018A\u2019 represents the amount to be determined;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 \u2018B\u2019 represents the cost of acquisition of the declared land and of any improvements to that land;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 \u2018C\u2019 represents the amount of a capital gain (if any), that would have been determined in terms of the Eighth Schedule had the declared land been disposed of for an amount equal to the lower of the market value or municipal value of that land on the date of the agreement; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0\u2018D\u2019 represents 60 per cent in the case of a natural person or special trust or 20 per cent in any other case,<\/span><\/p>\n

[Subparagraph (iv) substituted by section 53 of Act 15 of 2016 effective on 1 March 2016, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

if the lower of market value of the declared land or municipal value of that declared land exceeds the expenditure contemplated in paragraph (a).<\/p>\n

[Words following paragraph (b) substituted by section 53 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

[Paragraphs following the formula substituted by section 53 of Act 15 of 2016 effective on 1 March 2015, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0If a person retains a right of use of the declared land, the deduction to be allowed in terms of this section must be limited to an amount that bears to the amount determined as contemplated in subsection (2) the same ratio as the market value of the declared land subject to the right of use bears to the market value of the declared land had that declared land not been subject to that right of use.<\/span><\/p>\n

[Subsection (3) substituted by section 53 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0The deductions which may be allowed in terms of this section in respect of declared land must not in aggregate exceed the expenditure incurred as referred to in subsection (2)(a) or the amount referred to in symbol \u2018A\u2019 under subsection (2)(b), as the case may be.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0If the agreement in respect of which the land that becomes declared land is terminated by the person with which the agreement is entered into, an amount equal to the aggregate of the deductions allowed in terms of this section in the five years of assessment preceding the termination must be included in the income of that person in the year of assessment that the agreement is terminated.<\/span><\/p>\n

[Section 37D inserted by section 27 of Act 101 of 1990, repealed by section 50 of Act 35 of 2007, re-inserted by section 53 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n","post_title":"Section 37D (ITA) - Allowance in respect of land conservation in respect of nature reserves or national parks","collection_order":777,"collection":597,"post_modified":"2021-04-06 14:22:51","post_date":"2017-06-08 16:18:59"},{"ID":"1417","post_content":"

37F.\u00a0 Determination of taxable income derived by persons previously assessable under certain <\/strong>other laws<\/strong><\/p>\n

\u00a0<\/p>\n

Where it is necessary for any rule provided in this Act as to the inclusion in the income of any taxpayer for any year or as to the deduction or set-<\/em>off of any amount from or against his income for such year, that regard shall be had to anything that has been done or has occurred in or in relation to a previous year of assessment, anything that has in fact been done or has in fact occurred in or in relation to a year of assessment during which the taxpayer was assessable for taxation purposes in terms of any law of a former self-<\/em>governing territory declared under section 26 of the repealed Self-<\/em>governing Territories Constitution Act, 1971 (Act No. 21 of 1971), to be a self-<\/em>governing territory or of the former Republic of Transkei, Bophuthatswana, Venda or Ciskei for any year of assessment, shall, subject to such adjustments as may in the circumstances be appropriate, for the purposes of applying such rule be taken into account.<\/p>\n","post_title":"Section 37F (ITA) - Determination of taxable income derived by persons previously assessable under certain other laws","collection_order":778,"collection":597,"post_modified":"2019-02-13 21:44:19","post_date":"2015-10-15 12:13:52"},{"ID":"1419","post_content":"

37G.\u00a0\u00a0\u00a0 Determination of taxable income derived from small business undertakings<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The Minister of Finance may make regulations to facilitate compliance with the provisions of this Act by natural persons who carry on business through small business undertakings, whether as sole proprietors or in partnership with other natural persons.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A regulation made under subsection (1) may \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 prescribe what shall constitute a small business undertaking, having regard to \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the nature of the undertaking;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the turnover, taxable income or profit of the undertaking;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the number of persons employed in the undertaking;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 the nature and extent of other income derived by the proprietor or partners; and<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 any other feature which, in the opinion of the said Minister, indicates that an undertaking should be regarded as a small business undertaking;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 provide for the variation of any provision of this Act relating to the determination of the taxable income derived from a small business undertaking, including \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the determination of taxable income having regard only to amounts actually received or expended;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any variation in the manner in which the values of trading stock are taken into account;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the manner in which expenditure of a capital nature incurred is to be treated; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 any other provision which, save in so far as the timing of the receipt or accrual of income or the incurral of expenditure is concerned, will not result in a material variation in the determination of the taxable income derived by the undertaking over a period of time;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 provide for the exemption from, or extension of time limits in, any provision of this Act relating to the preparation and submission of documents, accounts, returns or payments;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 make such other provision as in the opinion of the said Minister will facilitate the carrying on of small business undertakings.<\/span><\/p>\n


<\/span><\/p>\n

37H.\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/strong><\/span><\/p>\n","post_title":"Section 37G (ITA) - Determination of taxable income derived from small business undertakings","collection_order":779,"collection":597,"post_modified":"2021-03-30 07:39:49","post_date":"2015-10-15 12:13:52"},{"ID":"1421","post_content":"

PART IA<\/strong><\/p>\n

\u00a0<\/strong>Withholding tax on interest<\/strong><\/p>\n

\u00a0<\/p>\n

37I.\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

37J. \u00a0 \u00a0 \u00a0\u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

37JA \u00a0 \u00a0\u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

37K. \u00a0 \u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"PART IA - Withholding tax on interest (ITA)","collection_order":780,"collection":597,"post_modified":"2019-02-23 19:08:33","post_date":"2015-10-15 12:13:52"},{"ID":"1423","post_content":"

37L.\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

[Section 37L inserted by section 58 of Act 7 of 2010, amended by section 64 of Act 24 of 2011, repealed by section 68 of Act 22 of 2012 effective on 31 December 2012, inserted by section 11 of Act 21 of 2012 effecttive on 1 July 2013 - insertion by section 11 of Act 21 of 2012 repealed by section 66 of Act 44 of 2014 effective on 30 June 2013 - section 37L substituted with previous version as it was prior to the amendment by section 11 of Act 21 of 2012]<\/span><\/p>\n","post_title":"Section 37L (ITA) - Withholding of withholding tax on interest by payers of interest","collection_order":781,"collection":597,"post_modified":"2019-02-13 21:44:37","post_date":"2015-10-15 12:13:52"},{"ID":"1425","post_content":"

37M.\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

[Section 37M inserted by section 58 of Act 7 of 2010, substituted by section 65 of Act 24 of 2011, repealed by section 68 of Act 22 of 2012 effective on 31 December 2012, inserted by section 11 of Act 21 of 2012 effective on 1 July 2013 - insertion by section 11 of Act 21 of 2012 repealed by section 66 of Act 44 of 2014 effective on 30 June 2013 - section 37M substituted with previous version as it was prior to the amendment by section 11 of Act 21 of 2012]<\/span><\/p>\n","post_title":"Section 37M (ITA) - Payment and recovery of tax","collection_order":782,"collection":597,"post_modified":"2019-02-13 21:44:44","post_date":"2015-10-15 12:13:52"},{"ID":"1427","post_content":"

37N.\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

[Section 37N inserted by section 66 of Act 24 of 2011, repealed by section 68 of Act 22 of 2012 effective on 31 December 2012, inserted by section 11 of Act 21 of 2012 effective on 1 July 2013 - insertion by section 11 of Act 21 of 2012 repealed by section 66 of Act 44 of 2014 effective on 30 June 2013 - section 37N substituted with previous version as it was prior to the amendment by section 11 of Act 21 of 2012]<\/span><\/p>\n","post_title":"Section 37N (ITA) - Refund of withholding tax on interest","collection_order":783,"collection":597,"post_modified":"2019-02-13 21:44:53","post_date":"2015-10-15 12:13:52"},{"ID":"1429","post_content":"

37O.\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

[Section 37O inserted inserted by section 11 of Act 21 of 2012 effectiv eon 1 July 2013 - insertion by section 11 of Act 21 of 2012 repealed by section 66 of Act 44 of 2014 effective on 30 June 2013 - section 37O substituted with previous version as it was prior to the amendment by section 11 of Act 21 of 2012]<\/span><\/p>\n","post_title":"Section 37O (ITA) - Currency of payments made to Commissioner","collection_order":784,"collection":597,"post_modified":"2019-02-13 21:45:01","post_date":"2015-10-15 12:13:52"},{"ID":"1431","post_content":"

PART II<\/b><\/font><\/p>\n

Special provisions relating to companies<\/b><\/font><\/p>\n","post_title":"PART II - Special Provisions Relating to Companies (ITA)","collection_order":785,"collection":597,"post_modified":"2019-02-23 19:02:38","post_date":"2015-10-15 12:13:52"},{"ID":"1433","post_content":"

38.\u00a0 Classification of companies<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this Act a company shall in respect of each year of assessment be recognized as either a public or a private company, and the Commissioner shall upon the request of any company inform that company whether it is recognized as a public company or as a private company.<\/span>.<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The following companies shall, subject to the provisions of section 39<\/a>, be recognized as public companies, namely \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any company all classes of whose equity shares are publicly quoted on the specified date by a stock exchange in the list issued under its authority, provided-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 58 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that the stock exchange is a recognized and bona fide stock exchange under adequate control;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that the rules and regulations of the stock exchange for granting and continuing a quotation for the purchase and sale of shares provide for full protection of the interests of the public in regard to dealings in the shares of the company;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 that the memorandum of incorporation prohibits such restrictions on the right to acquire or transfer any of its shares as are likely to preclude members of the general public from becoming shareholders in any class of the company\u2019s shares; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 that the general public was throughout the year of assessment in question interested either directly as shareholders in the company or indirectly as shareholders in any other company, in more than forty per cent. of every class of equity shares issued by the company;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any other company, not being a private company as defined in section 1<\/a> of the Companies Act, nor a close corporation, if\u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the general public was throughout the year of assessment in question interested either directly as shareholders in the company or indirectly as shareholders in any other company, in more than fifty per cent of every class of equity shares issued by the company; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the business of the company is conducted and its profits are distributed in such a manner that no person enjoys or receives or is entitled to enjoy or receive, by reason of shareholding, participation in the management or otherwise, any advantage which would not be enjoyed or received by him if the company had been under the control of a board of directors acting in the best interests of all its shareholders and had been one which could have been recognized as a public company under paragraph (a);<\/span><\/p>\n

[Paragraph (b) amended by section 16 of Act 90 of 1964, section 31 of Act 85 of 1974, section 24 of Act 121 of 1984 and section 59 of Act 7 of 2010, substituted by section 58 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any company which has been approved as a public benefit organisation in terms of the provisions of section 30<\/a>(3);<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any co\u2013<\/em>operative;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any insurance society or company subject to assessment in terms of section 28<\/a>, 29<\/a> or 29A<\/a>;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 any public utility company, established by or under a special Act of Parliament;<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 any company the sole or principal business of which in the Republic is mining for gold or diamonds;<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 any company to which the provisions of section thirty\u2013<\/em>three apply; and<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 A company which is not recognized as a public company shall be recognized as a private company.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the general public in relation to any company (in this paragraph referred to as the company) shall be deemed not to include \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any director of the company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any relative of any director of the company, unless such relative, if he is not the spouse or minor child of such director, has at all relevant times exercised his rights as a shareholder in the company or in any other company through which such relative is interested in the shares of the company, independently of such director; or<\/span><\/p>\n

[Subparagraph (ii) substituted by section 58 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the executor of the deceased estate or the trustee of the insolvent estate of any person referred to in sub-paragraph (i) or (ii); or<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 any person to the extent that he acts in a fiduciary capacity, or as a nominee, for the benefit of any person who is not in fact or in terms of any other provision of this subsection a member of the general public in relation to the company; or<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 any man or his wife or any minor child of any man or his wife, if one or more of such persons are directly or indirectly interested (otherwise than by virtue of any shareholding in any public company or any private company which is interested in the shares of the company through a direct or indirect interest in the equity shares in a public company) in altogether more than 15 per cent of any class of equity shares issued by the company;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the general public in relation to any company (in this paragraph referred to as the company) shall be deemed to include \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any benefit fund, pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund or any trust or institution which is of a public character, and<\/span><\/p>\n

[Subparagraph (i) substituted by section 24 of Act 3 of 2008 and section 58 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any person to the extent that he acts in a fiduciary capacity, or as a nominee, for the benefit of any person who is in fact or in terms of any other provision of this subsection a member of the general public in relation to the company;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 where any person \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 being a public company, is indirectly interested in any shares of any other company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 being a member of the general public in relation to any company, is indirectly interested in any shares of that company,<\/span><\/p>\n

<\/p>\n

by virtue of the said person being a shareholder in any private company and such interest is not attributable to a direct or indirect interest of such private company in the equity shares in a public company, the said person shall be deemed to be interested in only that portion of such shares as such person would be entitled to receive if every company through which that person is interested in those shares were to be wound up or liquidated and the assets of each such company were, without regard to its liabilities, to be distributed among its shareholders;<\/p>\n

[Words following subparagraph (ii) substituted by section 59 of Act 7 of 2010 and section 58 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 where persons are jointly interested, whether directly or indirectly, but otherwise than through a direct or indirect interest in the equity shares of a public company, in the shares of any company, each such person shall be deemed to be interested in only such proportion of those shares as he would be entitled to receive if the joint interest of all such persons in such shares were to be divided between such persons.<\/span><\/p>\n

[Paragraph (d) substituted by section 59 of Act 7 of 2010 and section 58 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

[Subsection (4) added by section 16 of Act 90 of 1964]<\/span><\/p>\n","post_title":"Section 38 (ITA) - Classification of companies","collection_order":786,"collection":597,"post_modified":"2019-02-13 21:45:13","post_date":"2015-10-15 12:13:52"},{"ID":"1435","post_content":"

39.\u00a0 Redetermination of company\u2019s status<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

If owing to changes in the constitution or shareholding of any company which has been recognized as a public company under paragraph (a), (b) or (c) of subsection (2) of section 38<\/a>, or for any other reason, the Commissioner is no longer satisfied of the matters of which he is in terms of the applicable paragraph required to be satisfied, or the company ceases to comply with the requirements of that paragraph, the Commissioner may notify the public officer of the company that it will as from the next succeeding specified date be recognized as a private company.<\/p>\n

\u00a0<\/p>\n

40. \u00a0 \u00a0\u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Section 39 (ITA) - Redetermination of company's status","collection_order":787,"collection":597,"post_modified":"2019-02-13 21:45:19","post_date":"2015-10-15 12:13:52"},{"ID":"1437","post_content":"

40A.\u00a0\u00a0\u00a0 Close corporations<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where any close corporation has been converted into a company, such company and such close corporation shall for the purposes of this Act be deemed to be and to have been one and the same company.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Section 40A (ITA) - Close corporations","collection_order":788,"collection":597,"post_modified":"2019-02-13 21:45:28","post_date":"2015-10-15 12:13:52"},{"ID":"1439","post_content":"

40B.\u00a0\u00a0\u00a0\u00a0 Conversion of co\u2013<\/em>operative to company<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Where any co\u2013<\/em>operative is incorporated as a company in accordance with the provisions of section 161A or 161C of the Co-operatives Act, 1981 (Act No. 91 of 1981) or section 62 of the Co-operatives Act, 2005 (Act No. 14 of 2005), such co\u2013<\/em>operative and such company shall for the purposes of this Act be deemed to be and to have been one and the same company.<\/p>\n","post_title":"Section 40B (ITA) - Conversion of co-operative to company","collection_order":789,"collection":597,"post_modified":"2019-02-13 21:45:42","post_date":"2015-10-15 12:13:52"},{"ID":"1441","post_content":"

40C.\u00a0\u00a0\u00a0 Issue of shares or granting of options for no consideration<\/span><\/strong><\/p>\n

<\/p>\n

Where a company issues a share or grants an option or other right in respect of the issue of a share to a person for no consideration, the expenditure actually incurred by the person to acquire that share, option or right must be deemed to be nil.<\/p>\n

[Section 40C inserted by section 47 of Act 60 of 2008, substituted by section 70 of Act 22 of 2012, section 87 of Act 31 of 2013 and section 59 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 40C (ITA) - Issue of shares or granting of options for no consideration","collection_order":790,"collection":597,"post_modified":"2019-02-13 21:45:55","post_date":"2015-10-15 12:13:52"},{"ID":"1443","post_content":"

40CA. \u00a0Acquisitions of assets in exchange for shares<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Where a company acquires any asset, as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>\u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0from any person in exchange for shares issued by that company, that company must be deemed to have actually incurred an amount of expenditure in respect of the acquisition of that asset which is equal to the sum of\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the market value of the shares immediately after the acquisition; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0any deemed capital gain determined in terms of section 24BA<\/a> (3)(a) in respect of the acquisition of that asset; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0in terms of an asset-for-share transaction as contemplated in section 42<\/a>, a substitutive share-for-share transaction as contemplated in section 43<\/a> or an amalgamation transaction as contemplated in section 44<\/a> in respect of which a deemed capital gain is determined in terms of section 24BA<\/a> (3)(a) in respect of the acquisition of that asset-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by that company; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0by any person that acquired that asset from that company in terms of any transaction contemplated in Part III of Chapter II,<\/span><\/p>\n

\u00a0<\/p>\n

that company or that other person must be deemed, in addition to the amount of expenditure for which the asset is deemed to have been acquired by that company or that other person as a result of the application of\u00a0sections 42<\/a>(2)(b),\u00a043<\/a>(2)(b)\u00a0or\u00a044<\/a>(2)(a)(ii)(aa), to have incurred an amount of expenditure equal to that deemed capital gain immediately before a disposal of that asset in a transaction other than a transaction contemplated in\u00a0Part III<\/a>\u00a0of\u00a0Chapter II<\/a>.<\/span><\/p>\n

[Section 40CA\u00a0inserted by\u00a0section\u00a071(1)\u00a0of\u00a0Act\u00a022 of 2012, amended by\u00a0section\u00a089(1)\u00a0of\u00a0Act\u00a031 of 2013, substituted by\u00a0section\u00a088\u00a0of\u00a0Act\u00a031 of 2013, amended by\u00a0section\u00a038(1)\u00a0of\u00a0Act\u00a034 of 2019, substituted by\u00a0section\u00a032(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0and by\u00a0section\u00a023(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and amended by\u00a0section 35(1)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of any acquisition of an asset on or after that date]<\/span><\/p>\n","post_title":"Section 40CA (ITA) - Acquisition of assets in exchange for shares","collection_order":791,"collection":597,"post_modified":"2024-01-13 19:39:36","post_date":"2015-10-15 12:13:52"},{"ID":"1445","post_content":"

40D.\u00a0\u00a0\u00a0 Communications licence conversions<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where existing licences referred to in Chapter 15 of the Electronic Communications Act, 2005 (Act No. 36 of 2005), are converted to new licences in terms of section 93 of that Act, a licensee of an existing licence or licences must not recover, recoup or include in the licensee\u2019s income for the year of assessment in which that conversion takes place any allowance allowed to the licensee in respect of the existing licence or licences.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The licensee of a new licence contemplated in subsection (1) is deemed to have acquired the new licence-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case where an existing licence is converted to a new licence, at a cost equal to the amount taken into account by the licensee in respect of the existing licence;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case where two or more existing licences are converted to a new licence, at a cost equal to the aggregate of the amounts taken into account by the licensee in respect of each of the existing licences; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in the case where an existing licence is converted to two or more new licences, at a cost equal to an amount that bears to the amount taken into account by the licensee in respect of the existing licence the same ratio as the value of that new licence bears to the aggregate value of the new licences, which cost must be treated as expenditure actually incurred by the licensee in respect of the new licence or licences for the purposes of sections 11<\/a> and 22<\/a>(1) and (2).<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of subsection (2) the new licence or licences must be deemed to have been acquired by the licensee on the day immediately after the conversion.<\/span><\/p>\n","post_title":"Section 40D (ITA) - Communications licence conversions","collection_order":792,"collection":597,"post_modified":"2019-02-13 21:46:17","post_date":"2015-10-15 12:13:52"},{"ID":"11148","post_content":"

40E.\u00a0\u00a0\u00a0 Ceasing to be controlled foreign company<\/strong><\/p>\n

<\/p>\n

Where a controlled foreign company ceases to be a controlled foreign company during any foreign tax year of that controlled foreign company prior to 5 June 2015 solely by reason of the coming into operation of the Taxation Laws Amendment Act, 2015, section 9H<\/a>(3)(b) must not apply.<\/p>\n

[Section 40E inserted by section 60 of Act 25 of 2015 effective on 31 December 2015]<\/span><\/p>\n","post_title":"Section 40E (ITA) - Ceasing to be controlled foreign company","collection_order":793,"collection":597,"post_modified":"2019-02-04 22:13:49","post_date":"2017-06-14 19:56:29"},{"ID":"1447","post_content":"

PART III<\/strong><\/p>\n

Special rules relating to asset-for-share transactions, substitutive share-for-share transactions, amalgamation transactions, intra-group transactions, unbundling transactions and liquidation distributions<\/strong><\/p>\n","post_title":"PART III - Special rules relating to asset-for-share transactions, substitutive share-for-share transactions, amalgamation transactions, intra-group transactions, unbundling transactions and liquidation transactions (ITA)","collection_order":794,"collection":597,"post_modified":"2019-02-23 19:09:11","post_date":"2015-10-15 12:13:52"},{"ID":"1449","post_content":"

41. \u00a0 \u00a0General<\/span><\/strong><\/p>\n","post_title":"Section 41 (ITA) - General - Definitions for roll-over provisions","collection_order":795,"collection":597,"post_modified":"2020-03-06 07:57:05","post_date":"2015-10-15 12:13:52"},{"ID":"1452","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this Part, unless the context otherwise indicates, any word or expression that has been defined in section 1<\/a>, shall bear the same meaning so defined, and-<\/span><\/p>\n

\u00a0<\/p>\n

\u2018allowance asset\u2019<\/strong> means-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a capital asset in respect of which a deduction or allowance is allowable in terms of this Act for purposes other than the determination of any capital gain or capital loss; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any debt contemplated in section 11 (i) or (j);<\/span><\/p>\n","post_title":"\"Allowance asset\" definition of section 41 of ITA","collection_order":796,"collection":597,"post_modified":"2019-02-23 19:19:15","post_date":"2015-10-15 12:13:52"},{"ID":"1454","post_content":"

\u201casset\u201d<\/strong> means an asset as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>;<\/p>\n","post_title":"\"Asset\" definition of section 41 of ITA","collection_order":797,"collection":597,"post_modified":"2019-02-23 22:00:51","post_date":"2015-10-15 12:13:52"},{"ID":"1456","post_content":"

\u201cassociated group of companies\u201d<\/strong> \u2026\u2026\u2026.<\/p>\n

[Definition of \u201cassociated group of companies\u201d inserted by section 37 of Act 31 of 2005, deleted by section 54 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Associated group of companies\" definition of section 41 of ITA","collection_order":798,"collection":597,"post_modified":"2019-02-23 22:25:38","post_date":"2015-10-15 12:13:52"},{"ID":"1458","post_content":"

\u201cbase cost\u201d<\/strong> means the base cost as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>: Provided that where the base cost of an asset as at a specific date is to be determined as contemplated in paragraph 26<\/a> or 27<\/a> of the Eighth Schedule<\/a>, the amount thereof must, for purposes of section 42<\/a> or 44<\/a>, be determined as if that asset had been disposed of on that date for an amount received or accrued equal to the market value of that asset as at that date;<\/p>\n","post_title":"\"Base cost\" definition of section 41 of ITA","collection_order":799,"collection":597,"post_modified":"2019-02-09 22:38:32","post_date":"2015-04-17 10:52:10"},{"ID":"1460","post_content":"

\u201ccapital asset\u201d<\/strong> means an asset as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>, which does not constitute trading stock;<\/p>\n","post_title":"\"Capital asset\" definition of section 41 of ITA","collection_order":800,"collection":597,"post_modified":"2019-02-23 22:01:25","post_date":"2015-10-15 12:13:52"},{"ID":"1462","post_content":"

\u201ccompany\u201d<\/strong> does not include a headquarter company and, for the purposes of sections 42<\/a> and 44<\/a>, includes any portfolio of a collective investment scheme in securities or any portfolio of a hedge fund collective investment scheme;<\/p>\n

[Definition of \u201ccompany\u201d inserted by section 47 of Act 17 of 2009 and substituted by section 67 of Act 24 of 2011 and section 61 of Act 25 of 2015 effective on 1 April 2015]<\/span><\/p>\n","post_title":"\"Company\" definition of section 41 of ITA","collection_order":801,"collection":597,"post_modified":"2019-02-23 22:01:35","post_date":"2015-10-15 12:13:52"},{"ID":"1464","post_content":"

\u201cdate of acquisition\u201d<\/strong> means the date of acquisition as determined in accordance with paragraph 13<\/a> of the Eighth Schedule<\/a> or, where a person acquires an asset in terms of a transaction subject to the provisions of this Part, the deemed date of acquisition of that asset by that person as contemplated in this Part;<\/p>\n","post_title":"\"Date of acquisition\" definition of section 41 of ITA","collection_order":802,"collection":597,"post_modified":"2019-02-23 19:19:07","post_date":"2015-10-15 12:13:52"},{"ID":"12903","post_content":"

\u201cdebt\u201d<\/strong> includes any contingent liability;<\/p>\n

[Definition of \u201cdebt\u201d inserted by section 50 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"\"Debt\" definition of section 41 of ITA","collection_order":803,"collection":597,"post_modified":"2019-06-19 11:15:19","post_date":"2018-01-27 22:00:10"},{"ID":"1466","post_content":"

\u201cdisposal\u201d<\/strong> means a disposal as defined in paragraph 1<\/a> of the Eighth Schedule<\/a> and any deemed disposal in terms of this Part;<\/p>\n","post_title":"\"Disposal\" definition of section 41 of ITA","collection_order":804,"collection":597,"post_modified":"2019-02-23 19:19:02","post_date":"2015-10-15 12:13:52"},{"ID":"1468","post_content":"

\u201cdomestic financial instrument holding company\u201d<\/strong> \u2026\u2026\u2026.<\/p>\n

[Definition of \u201cdomestic financial instrument holding company\u201d amended by section 49 of Act 45 of 2003 and section 32 of Act 32 of 2004, substituted by s of 37 of Act 31 of 2005, amended by section 28 of Act 20 of 2006 and section 90 of Act 31 of 2013 and deleted by section 54 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Domestic financial instrument holding company\" definition of section 41 of ITA","collection_order":805,"collection":597,"post_modified":"2019-02-23 22:07:05","post_date":"2015-10-15 12:13:52"},{"ID":"1470","post_content":"

\u201cequity share\u201d<\/strong>, for the purposes of sections 42<\/a> and 44<\/a>, includes a participatory interest in a portfolio of a collective investment scheme in securities or in a portfolio of a hedge fund collective investment scheme;<\/p>\n

[Definition of \u201cequity share\u201d deleted by section 32 of Act 8 of 2007, inserted by section 47 of Act 17 of 2009 and substituted by section 61 of Act 25 of 2015 effective on 1 April 2015]<\/span><\/p>\n","post_title":"\"Equity share\" definition of section 41 of ITA","collection_order":806,"collection":597,"post_modified":"2019-02-23 19:18:56","post_date":"2015-10-15 12:13:52"},{"ID":"1472","post_content":"

\u201cforeign financial instrument holding company\u201d<\/strong> \u2026\u2026\u2026.<\/p>\n

[Definition of \u201cforeign financial instrument holding company\u201d substituted by section 49 of Act 45 of 2003, amended by section 32 of Act 32 of 2004, substituted by section 37 of Act 31 of 2005, section 28 of Act 20 of 2006, amended by section 32 of Act 8 of 2007, section 25 of Act 3 of 2008 and section 61 of Act 7 of 2010 and deleted by section 54 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Foreign financial instrument holding company\" definition of section 41 of ITA","collection_order":807,"collection":597,"post_modified":"2019-02-23 22:10:16","post_date":"2015-10-15 12:13:51"},{"ID":"1474","post_content":"

\u201cgroup of companies\u201d<\/strong> means a group of companies as defined in section 1<\/a>: Provided that for the purposes of this definition-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any company that would, but for the provisions of this definition, form part of a group of companies shall not form part of that group of companies if-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 that company is a company contemplated in paragraph (c), (d) or (e) of the definition of \u2018company\u2019<\/strong>;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 that company is a non-profit company as defined in section 1 of the Companies Act;<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0 any amount constituting gross income of whatever nature would be exempt from tax in terms of section 10<\/a> were it to be received by or to accrue to that company;<\/span><\/p>\n

\u00a0<\/p>\n

(dd)\u00a0\u00a0 that company is a public benefit organisation or recreational club that has been approved by the Commissioner in terms of section 30<\/a> or 30A<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(ee)\u00a0\u00a0\u00a0 that company is a company contemplated in paragraph (b) of the definition of \u2018company\u2019, unless that company has its place of effective management in the Republic; or<\/span><\/p>\n

\u00a0<\/p>\n

(ff)\u00a0\u00a0\u00a0 that company has its place of effective management outside the Republic; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any share that would, but for the provisions of this definition, be an equity share shall be deemed not to be an equity share if \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 that share is held as trading stock; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 any person is under a contractual obligation to sell or purchase that share, or has an option to sell or purchase that share unless that obligation or option provides for the sale or purchase of that share at its market value at the time of that sale or purchase;<\/span><\/p>\n","post_title":"\"Group of companies\" definition of section 41 of ITA","collection_order":808,"collection":597,"post_modified":"2019-02-23 19:19:21","post_date":"2015-10-15 12:13:51"},{"ID":"1476","post_content":"

\u201chold\u201d<\/strong>\u00a0\u2026\u2026\u2026.<\/p>\n

[Definition of \u201chold\u201d deleted by section 54 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"\"Hold\" definition of section 41 of ITA","collection_order":809,"collection":597,"post_modified":"2019-02-23 22:10:53","post_date":"2015-10-15 12:13:51"},{"ID":"1478","post_content":"

\u201clisted company\u201d<\/strong> means a company as contemplated in paragraph (a) of the definition of \u201clisted company\u201d in section 1<\/a>;<\/p>\n","post_title":"\"Listed company\" definition of section 41 of ITA","collection_order":810,"collection":597,"post_modified":"2019-02-23 22:12:31","post_date":"2015-10-15 12:13:51"},{"ID":"1480","post_content":"

\u201cmarket value\u201d<\/strong> in relation to an asset means the price which could be obtained upon a sale of that asset between a willing buyer and a willing seller dealing at arm\u2019s length in an open market; and<\/p>\n","post_title":"\"Market value\" definition of section 41 of ITA","collection_order":811,"collection":597,"post_modified":"2019-02-23 22:01:49","post_date":"2015-10-15 12:13:51"},{"ID":"1482","post_content":"

\u201cprescribed proportion\u201d<\/strong> \u2026\u2026\u2026.<\/p>\n

[Definition of \u201cprescribed proportion\u201d inserted by section 37 of Act 31 of 2005, amended by section 32 of Act 8 of 2007, section 52 of Act 35 of 2007 and section 61 of Act 7 of 2010 and deleted by section 54 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Prescribed proportion\" definition of section 41 of ITA","collection_order":812,"collection":597,"post_modified":"2019-02-23 22:14:13","post_date":"2015-10-15 12:13:51"},{"ID":"1484","post_content":"

\u201cshareholder\u201d<\/strong> \u2026\u2026\u2026.<\/p>\n

[Definition of \u201cshareholder\u201d substituted by section 49 of Act 45 of 2003 and section 90 of Act 31 of 2013 and deleted by section 54 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Shareholder\" definition of section 41 of ITA","collection_order":813,"collection":597,"post_modified":"2019-02-23 22:16:33","post_date":"2015-10-15 12:13:51"},{"ID":"1486","post_content":"

\u201ctrading stock\u201d<\/strong> for purposes of sections 42<\/a>, 44<\/a>, 45<\/a> and 47<\/a>, includes any livestock or produce contemplated in the First Schedule<\/a> and any reference to an amount taken into account in respect of an asset in terms of section 11(a)<\/a> or 22<\/a>(1) or (2) shall, in the case of such livestock or produce, be construed as a reference to the amount taken into account in respect thereof in terms of paragraph 5<\/a>(1) or 9<\/a> of the First Schedule<\/a>, as the case may be;<\/p>\n

[Definition of \u201ctrading stock\u201d inserted by section 49 of Act 45 of 2003, substituted by section 52 of Act 35 of 2007, amended by section 61 of Act 7 of 2010 and substituted by section 54 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Trading stock\" definition of section 41 of ITA","collection_order":814,"collection":597,"post_modified":"2019-02-23 22:01:41","post_date":"2015-10-15 12:13:51"},{"ID":"1488","post_content":"

\u201cunlisted company\u201d<\/strong> means any company which is not a listed company as defined in this subsection.<\/p>\n","post_title":"\"Unlisted company\" definition of section 41 of ITA","collection_order":815,"collection":597,"post_modified":"2019-02-23 22:22:43","post_date":"2015-10-15 12:13:51"},{"ID":"4773","post_content":"

(2) \u00a0\u00a0\u00a0\u00a0The provisions of this Part must, subject to subsection (3), apply in respect of an asset-for-share transaction, a substitutive share-for-share transaction, an amalgamation transaction, an intra-group transaction, an unbundling transaction and a liquidation distribution as contemplated in sections 42<\/a>, 43<\/a>, 44<\/a>, 45<\/a>, 46<\/a> and 47<\/a>, respectively, notwithstanding any provision to the contrary contained in the Act, other than sections 24BA<\/a>, 24I<\/a>, 25BB<\/a> (5), 40CA<\/a> (b) and 103<\/a>, Part IIA of Chapter III and paragraph 11<\/a>(1)(g) of the Eighth Schedule<\/a> and any adjusted gain on transfer or redemption of an instrument, as defined in section 24J<\/a> (1) and any adjusted loss on transfer or redemption of an instrument as defined in section 24J<\/a> (1).<\/span><\/p>\n

[Subsection\u00a0(2)\u00a0substituted by\u00a0section\u00a049(1)(i)\u00a0of\u00a0Act\u00a045 of 2003, by\u00a0section\u00a032(1)(d)\u00a0of\u00a0Act\u00a032 of 2004, by\u00a0section\u00a028(1)(j)\u00a0of\u00a0Act\u00a020 of 2006, by\u00a0section\u00a052(1)(e)\u00a0of\u00a0Act\u00a035 of 2007, by\u00a0section\u00a067(1)(c)\u00a0of\u00a0Act\u00a024 of 2011, by\u00a0section\u00a073(1)\u00a0of\u00a0Act\u00a022 of 2012, by\u00a0section\u00a090(1)(g)\u00a0and\u00a0(h)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section\u00a050(b)\u00a0of\u00a0Act 17 of 2017, by\u00a0section\u00a054(1)(a)\u00a0of\u00a0Act 23 of 2018, by\u00a0section\u00a054(1)(b)\u00a0of\u00a0Act 23 of 2018, by\u00a0section\u00a039(a)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and by\u00a0section\u00a024\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The provisions of this Part shall not apply in respect of any transaction in terms of which any asset is disposed of to an insurer as defined in section 29A<\/a> if the asset is to be held in the insurer\u2019s untaxed policyholder fund as contemplated in subsection (4)(a) of that section.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 A company must for the purposes of this Part, be deemed to have taken steps to liquidate, wind up or deregister, where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of a liquidation or winding-up-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that company has lodged a resolution authorising the voluntary winding-up of that company in terms of-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0section 80(2) of the Companies Act in the case of a company to which that section applies;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 Regulation 21 of the Regulations under the Co-operatives Act, 2005 (Act No. 14 of 2005), published under section 95 of that Act in Government Notice R. 366 of 30 April 2007, in the case of a co-operative; or<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 a similar provision contained in any foreign law relating to the liquidation of companies, in the case where that company is incorporated in a country other than the Republic, if such foreign law so requires; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that company has disposed of all assets and has settled all liabilities (other than assets required to satisfy any reasonably anticipated liabilities to any sphere of government of any country and costs of administration relating to the liquidation or winding-up); and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the manager, trustee or custodian of the portfolio of the collective investment scheme in property has in terms of section 102(1) or(2) of the Collective Investment Schemes Control Act applied for the winding up of that portfolio;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of a deregistration of a company\u2014<\/span><\/p>\n

<\/p>\n

(i)<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0a request for the deregistration of that company has in terms of section 82(3)(b)(ii) of the Companies Act been lodged\u037e or<\/span><\/p>\n

<\/p>\n

(bb) a notice of amalgamation or merger has in terms of section 116 of the Companies Act been filed in respect of that company,<\/span><\/p>\n

<\/p>\n

in the prescribed form and manner with the Companies and Intellectual Property Commission\u037e or<\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in the case where that company is incorporated in a country other than the Republic, a request or notice in respect of that company has been lodged with a person who, in terms of any similar provision contained in any foreign law, exercises the powers and performs the duties assigned to the Commission contemplated in subparagraph (i), if such foreign law so requires;<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a067(1)(e)\u00a0of\u00a0Act\u00a024 of 2011, amended section\u00a090(1)(k) of\u00a0Act\u00a031 of 2013\u00a0and substituted by\u00a0section\u00a039(b)\u00a0of\u00a0Act\u00a034 of 2019]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0that company has submitted a copy of the resolution contemplated in paragraph (a)(i) or the request or notice contemplated in paragraph (b) to the Commissioner\u037e and<\/span><\/p>\n

[Paragraph (c) substituted by section 67(1)(e) of Act 24 of 2011 and by section 39(b) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 all the returns or information required to be submitted or furnished to the Commissioner in terms of any Act administered by the Commissioner by the end of the relevant period within which the steps contemplated in this subsection must be taken, have been submitted or furnished or arrangements have been made with the Commissioner for the submission of any outstanding returns or furnishing of information.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The Commissioner may prescribe the circumstances under which a person entering into any asset-for-share transaction, amalgamation transaction, intra-group transaction, unbundling transaction or liquidation distribution contemplated in sections 42<\/a>, 44<\/a>, 45<\/a>, 46<\/a> and 47<\/a>, respectively, must furnish a return to the Commissioner of that transaction or distribution.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 An amount contemplated in paragraph (j) of the definition of \u2018gross income\u2019 in section 1<\/a> and an amount to be included in gross income in terms of paragraph 14<\/a> of the First Schedule<\/a> must for purposes of this Part be deemed to be an allowance that must be recovered or recouped.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 Where a person has made an election in respect of an asset under paragraph 65<\/a> or 66<\/a> of the Eighth Schedule<\/a> and disposes of or distributes any replacement asset in relation to that asset in terms of section 42<\/a>, 44<\/a>, 45<\/a> or 47<\/a>\u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the person so disposing of or distributing that replacement asset must disregard any capital gain or amount recovered or recouped which was apportioned to that asset under paragraph 65<\/a> or 66<\/a> of the Eighth Schedule<\/a> or section 8<\/a>(4)(e) and (eA), as the case may be, and which otherwise would have had to be brought to account at the time of that disposal or distribution; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the company acquiring that replacement asset and the person referred to in paragraph (a) must be treated as one and the same person for the purposes of section 8<\/a>(4)(eB), (eC) or (eD) and paragraphs 65<\/a> and 66<\/a> of the Eighth Schedule<\/a>.<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0\u00a0For the purposes of this Part, a contingent liability is deemed to be a debt actually incurred.<\/span><\/p>\n

[Subsection (10) added by section 50 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"Subsections 2, 3, 4, 5, 7 and 9 of section 41 of ITA","collection_order":816,"collection":597,"post_modified":"2023-01-21 23:08:33","post_date":"2016-05-05 12:02:57"},{"ID":"1490","post_content":"

42. \u00a0 \u00a0Asset-for-share transactions<\/span><\/strong><\/p>\n","post_title":"Section 42 (ITA) - Asset-for-share transactions","collection_order":817,"collection":597,"post_modified":"2020-03-06 11:07:31","post_date":"2015-10-15 12:13:51"},{"ID":"1492","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/span><\/p>\n

<\/p>\n

\u201casset-for-share transaction\u201d<\/strong> means any transaction-<\/p>\n

<\/p>\n

(a)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in terms of which a person disposes of an asset (other than an asset which constitutes a restraint of trade or personal goodwill), the market value of which is equal to or exceeds-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 in the case of an asset held as a capital asset, the base cost of that asset on the date of that disposal; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 in the case of an asset held as trading stock, the amount taken into account in respect of that asset in terms of section 11(a)<\/a> or 22<\/a>(1) or (2),<\/span><\/p>\n

<\/p>\n

to a company which is a resident, in exchange for the issue of an equity share in that company and that person-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 at the close of the day on which that asset is disposed of, holds a qualifying interest in that company; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 is a natural person who will be engaged on a full-time basis in the business of that company, or a controlled group company in relation to that company, of rendering a service; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 as a result of which that company acquires that asset from that person-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0as trading stock, where that person holds it as trading stock;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0as a capital asset, where that person holds it as a capital asset; or<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0as trading stock, where that person holds it as a capital asset and that company and that person do not form part of the same group of companies:<\/span><\/p>\n

<\/p>\n

: Provided that this subparagraph does not apply in respect of any transaction which meets the requirements of subparagraph (i) in terms of which a person disposes of-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an equity share in a listed company or in a portfolio of a collective investment scheme in securities or in a portfolio of a hedge fund collective investment scheme to any other company and after that disposal, together with any other transaction that is concluded-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0on the same terms as that transaction; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 within a period of 90 days after that disposal,<\/span><\/p>\n

<\/p>\n

that other company holds-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 at least 35 per cent of the equity shares of that listed company or portfolio; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0at least 25 per cent of the equity shares of that listed company or portfolio if no person other than that other company holds an equal or greater number of equity shares in the listed company or portfolio; or<\/span><\/p>\n

[Subparagraph\u00a0(B) substituted by\u00a0section\u00a025(1)(a)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an asset to a portfolio of a hedge fund collective investment scheme; or<\/span><\/p>\n

[Proviso to subparagraph (ii) substituted by section 62 of Act 25 of 2015 effective on 1 April 2015]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in terms of which a person that is a company disposes of an asset that constitutes an equity share held by that person in a foreign company as a capital asset, the market value of which is equal to or exceeds the base cost of that equity share on the date of that disposal, to another foreign company in exchange for the issue of an equity share in that other foreign company and-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 immediately before the asset is disposed of in terms of that transaction-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 that person and the other foreign company form part of the same group of companies (as defined in section 1); and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the other foreign company is a controlled foreign company in relation to any company that is a resident and that forms part of that group of companies; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 at the close of the day on which the asset is disposed of in terms of that transaction-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0more than 50 per cent of the equity shares in the foreign company are directly or indirectly held by a resident (whether alone or together with any company forming part of the same group of companies as that resident); or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 at least 70 per cent of the equity shares in that other foreign company are directly or indirectly held by a resident (whether alone or together with any other company forming part of the same group of companies as that resident);<\/span><\/p>\n","post_title":"\"Asset-for-share transaction\" definition of section 42 of ITA","collection_order":818,"collection":597,"post_modified":"2023-01-21 23:08:48","post_date":"2015-10-15 12:13:51"},{"ID":"1494","post_content":"

\u00a0\u2018qualifying interest\u2019<\/strong> of a person means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an equity share held by that person in a company which is a listed company or will become a listed company within 12 months after the transaction as a result of which that person holds that share;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an equity share held by that person in a portfolio of a collective investment scheme in securities;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0equity shares held by that person in a company that constitute at least 10 per cent of the equity shares and that confer at least 10 per cent of the voting rights in that company;<\/span><\/span><\/p>\n

[Paragraph (c)\u00a0substituted by\u00a0section 36(a)\u00a0of\u00a0Act 17 of 2023]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0an equity share held by that person in a company which forms part of the same group of companies or that person; or<\/span><\/span><\/p>\n

[Paragraph (d)\u00a0substituted by\u00a0section 36(b)\u00a0of\u00a0Act 17 of 2023]<\/span><\/p>\n


<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any equity share held in a portfolio of a hedge fund collective investment scheme.<\/span><\/p>\n

[Paragraph (e) added by section 62 of Act 25 of 2015 effective on 1 April 2015]<\/span><\/span><\/p>\n","post_title":"\"Qualifying interest\" definition of section 42 of ITA","collection_order":819,"collection":597,"post_modified":"2024-01-13 19:41:48","post_date":"2015-10-15 12:13:51"},{"ID":"1496","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Subject to subsections (4) and (8), where a person disposes of an asset to a company in terms of an asset-for-share transaction \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that person must be deemed to have-<\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 disposed of that asset-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 in the case of an asset-for-share transaction contemplated in paragraph (a) of the definition of \u201casset-for-share transaction\u201d, for an amount equal to the amount contemplated in item (aa) or (bb) of subparagraph (i) of that paragraph, as the case may be; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 in the case of an asset-for-share transaction contemplated in paragraph (b) of the definition of \u2018asset-for-share transaction\u2019, for an amount equal to the base cost of that asset on the date of that disposal; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 acquired the equity shares in that company on the date that such person acquired that asset (other than for purposes of determining whether that asset had been held for at least three years for purposes of section 9C<\/a>(2) where that asset is not an equity share) and for a cost equal to-<\/span><\/p>\n

[Words preceding item (aa) substituted by section 49 of Act 60 of 2008 and section 51 of Act 17 of 2017 effective on 1 January 2016 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 where that asset is so disposed of as a capital asset, any expenditure in respect of that asset incurred by that person that is allowable in terms of paragraph 20<\/a> of the Eighth Schedule<\/a> and to have incurred such cost at the date of incurral by that person of such expenditure; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 where that asset is so disposed of as trading stock, the amount taken into account in respect of that asset in terms of section 11(a)<\/a> or 22<\/a>(1) or (2),<\/span><\/p>\n

<\/p>\n

which cost must, where those equity shares are acquired as-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 capital assets, be treated as an expenditure actually incurred and paid by that person in respect of those equity shares for the purposes of paragraph 20<\/a> of the Eighth Schedule<\/a>; and<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 trading stock, be treated as the amount to be taken into account by that person in respect of those equity shares for the purposes of section 11(a)<\/a> or 22<\/a>(1) or (2);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that person and that company must, for purposes of determining-<\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 any taxable income derived by that company from a trade carried on by it; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 any capital gain or capital loss in respect of a disposal of that asset by that company, be deemed to be one and the same person with respect to-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0where that asset is acquired by that company as a capital asset from that person who disposes of it as a capital asset-<\/span><\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 the date of acquisition of that asset by that person and the amount and date of incurral by that person of any expenditure in respect of that asset allowable in terms of paragraph 20<\/a> of the Eighth Schedule<\/a>; and<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 any valuation of that asset effected by that person within the period contemplated in paragraph 29<\/a>(4) of the Eighth Schedule<\/a>;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 where that asset is acquired by that company as trading stock from that person who disposes of it as trading stock, the date of acquisition of that asset by that person and the amount and date of incurral by that person of any cost or expenditure incurred in respect of that asset as contemplated in section 11(a)<\/a> or 22<\/a>(1) or (2); or<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 where that asset is acquired by that company as trading stock from that person who disposes of it as a capital asset-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 the date of acquisition of that asset by that person and the amount and date of incurral by that person of any expenditure allowable in terms of paragraph 20<\/a> of the Eighth Schedule<\/a>; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 where that person has valued that asset as contemplated in paragraph 29<\/a>(4) of the Eighth Schedule<\/a>, the amount of the market value so determined, which amount must, notwithstanding paragraph 25<\/a> of the Eighth Schedule<\/a>, be treated as the amount to be taken into account by that company in respect of that asset for purposes of section 11(a)<\/a> or 22<\/a>(1) or (2);<\/span><\/p>\n

<\/p>\n

: Provided that this paragraph does not apply in respect of any asset-for-share transaction in terms of which a person disposes of an equity share in a listed company or in a portfolio of a collective investment scheme in securities to any other company and after that disposal, together with any other asset-for-share transaction that is concluded-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 on the same terms as that asset-for-share transaction; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 within a period of 90 days after that disposal,<\/span><\/p>\n

<\/p>\n

that other company holds-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0at least 35 per cent of the equity shares of that listed company or portfolio; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0at least 25 per cent of the equity shares of that listed company or portfolio if no person other than that other company holds an equal or greater number of equity shares in the listed company or portfolio;<\/span><\/p>\n

[Paragraph (b)\u00a0amended by\u00a0section\u00a053(1)(g)\u00a0and\u00a0(h)\u00a0of\u00a0Act 35 of 2007\u00a0and by\u00a0section\u00a062(1)(b)\u00a0and\u00a0(c)\u00a0of\u00a0Act\u00a07 of 2010\u00a0effective on the date of promulgation of that Act, 2\u00a0November, 2010 and applicable in respect of transactions entered into on or after that date.\u00a0Paragraph (bb)\u00a0substituted by\u00a0section\u00a025(1)(b)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

<\/p>\n

(c) \u00a0 \u00a0\u00a0any valuation of that asset effected by that person within the period contemplated in paragraph 29<\/a>(4) of the Eighth Schedule must be deemed to have been effected in respect of the equity shares in that company acquired in terms of that asset-for-share transaction.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Subject to subsection (4) or (8), where a person disposes of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0an asset that constitutes an allowance asset in that person\u2019s hands to a company as part of an asset-for-share transaction and that company acquires that asset as an allowance asset or that company is a REIT or a controlled company, as defined in\u00a0section 25BB<\/a>(1), that acquires that asset as a capital asset or an allowance asset-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 51 of Act 17 of 2017 and section 55 of Act 23 of 2018 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 no allowance allowed to that person in respect of that asset must be recovered or recouped by that person or included in that person\u2019s income for the year of that transfer; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that person and that company must be deemed to be one and the same person for purposes of determining the amount of any allowance or deduction \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 to which that company may be entitled in respect of that asset; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0that is to be recovered or recouped by or included in the income of that company in respect of that asset;<\/span><\/p>\n

[Item (bb) substituted by section 51 of Act 17 of 2017 and section 55 of Act 23 of 2018 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an asset that constitutes an allowance asset in that person\u2019s hands to a company as part of an asset-for-share transaction and that company acquires that asset as trading stock, no allowance allowed to that person in respect of that asset must be recovered or recouped by that person or included in that person\u2019s income for the year of that transfer; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a contract to a company as part of a disposal of a business as a going concern in terms of an asset-for-share transaction and an allowance in terms of section 24<\/a>, 24C<\/a> or 24P<\/a> was allowable to that person in respect of that contract for the year preceding that in which that contract is transferred or would have been allowable to that person for the year of that transfer had that contract not been so transferred-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 51 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 no allowance allowed to that person under those sections must be included in that person\u2019s income for the year of that transfer; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that person and that company must be deemed to be one and the same person for purposes of determining the amount of any allowance-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 to which that company may be entitled under those sections; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 that is to be included in the income of that company under those sections.<\/span><\/p>\n

[Paragraph (c) amended by section 53 of Act 35 of 2007 and substituted by section 62 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(3A)\u00a0\u00a0For the purposes of the definition of \u2018contributed tax capital\u2019, if an asset is disposed of by a person to a company in terms of an asset-for-share transaction contemplated in paragraph (a) of the definition of \u2018asset-for-share transaction and that person at the close of the day on which that asset is disposed of holds a qualifying interest in that company as contemplated in paragraph (c) of the definition of \u2018qualifying interest\u2019, or is a natural person who will be engaged on a full-time basis in the business of that company or a controlled group company in relation to that company of rendering a service, the amount received by or accrued to the company for the issue of the shares is deemed to be equal to-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 68 of Act 24 of 2011 and section 55 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if the asset is trading stock, the amount taken into account by that person in respect of the asset in terms of section 11(a)<\/a> or 22<\/a>(1) or (2); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if the asset is an asset other than trading stock, the base cost of that asset determined at the time of that disposal in relation to the person disposing of that asset;<\/span><\/p>\n

<\/p>\n

: Provided that this subsection does not apply in respect of any asset-for-share transaction in terms of which a person disposes of-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an equity share in a listed company or in a portfolio of a collective investment scheme in securities to any other company and after that disposal, together with any other asset-for-share transaction that is concluded-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 on the same terms as that asset-for-share transaction; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 within a period of 90 days after that disposal,<\/span><\/p>\n

<\/p>\n

that other company holds-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 at least 35 per cent of the equity shares of that listed company or portfolio; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0at least 25 per cent of the equity shares of that listed company or portfolio if no person other than that other company holds an equal or greater number of equity shares in the listed company or portfolio; or<\/span><\/p>\n

[Subparagraph\u00a0(B) substituted by\u00a0section\u00a025(1)(c)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an asset to a portfolio of a hedge fund collective investment scheme.<\/span><\/p>\n

[Proviso added by section 68 of Act 24 of 2011 and substituted by section 62 of Act 25 of 2015 effective on 1 April 2015]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a person disposes of an asset to a company in terms of an asset-for-share transaction; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that person becomes entitled, in exchange for that asset, to any consideration in addition to any equity shares issued by the company to that person, other than any debt assued by that company as contemplated in subsection (8),<\/span><\/p>\n

<\/p>\n

the disposal of that asset to that company contemplated in paragraph (a) must, to the extent that any equity shares are issued by the company to that person, be deemed to be a disposal in terms of an asset-for-share transaction for purposes of this section, and to the extent that such person becomes entitled to any other consideration, as contemplated in paragraph (b), be deemed to be a disposal of part of that asset other than in terms of an asset-for-share transaction, in which case the amount to be determined in respect of-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of a disposal of a capital asset, the base cost of that asset at the time of that disposal;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of a disposal of an allowance asset, the amount of the allowances allowed to that person in respect of that asset; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 in the case of the disposal of an asset that constitutes trading stock, the amount taken into account in respect of that asset in terms of section 11 (a)<\/a> or 22<\/a>(1) or (2),<\/span><\/p>\n

<\/p>\n

that must be attributed to the part of the asset deemed to have been disposed of other than in terms of an asset-for-share transaction, must bear the same ratio to the respective amounts referred to in subparagraphs (i) to (iii) as the market value of the consideration not consisting of equity shares issued by that company bears to the market value of the total consideration in respect of that asset.<\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where a person-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 acquired any equity share in a company in terms of an asset-for-share transaction; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 disposes of any such equity share (other than by way of an intra-group transaction contemplated in section 45<\/a>, an unbundling transaction contemplated in section 46<\/a> or a liquidation distribution contemplated in section 47<\/a>, an involuntary disposal as contemplated in paragraph 65<\/a> of the Eighth Schedule<\/a> or the death of that person) within a period of 18 months after the date of acquisition contemplated in paragraph (a) and immediately prior to that disposal more than 50 per cent of the market value of all the assets disposed of by that person to that company in terms of any transaction in respect of which the provisions of this Part apply, is attributable to allowance assets or trading stock or both,<\/span><\/p>\n

<\/p>\n

that person must, to the extent that any amount received by or accrued to that person in respect of the disposal of that share is less than or equal to the market value of that share at the beginning of such period of 18 months, include that amount in that person\u2019s income.<\/p>\n

[Words following paragraph (b) substituted by section 62 of Act 25 of 2015 effective on 1 April 2015]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Where a person-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 disposed of an asset to a company in terms of an asset-for-share transaction contemplated in paragraph (a) of the definition of \u2018asset-for-share transaction\u2019 and, within a period of 18 months after the date of that disposal, that person ceases-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 to hold a qualifying interest in that company, as contemplated in paragraphs (c) and (d) of the definition of \u2018qualifying interest (whether or not as a result of the disposal of shares in that company); or<\/span><\/p>\n

[Subparagraph (i) substituted by section 55 of Act 43 of 2014 effective on 1 January 2013]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 to be engaged on a full-time basis in the business of the company, or controlled group company in relation to that company, of rendering the service contemplated in paragraph (a)(i)(B) of the definition of \u2018asset-for-share transaction,<\/span><\/p>\n

<\/p>\n

that person is for purposes of subsection (5), section 22<\/a> or the Eighth Schedule deemed to have-<\/p>\n

<\/p>\n

(aa) \u00a0 disposed of all the equity shares acquired in terms of that asset-for-share transaction that are still held immediately after that person ceased-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 to hold the qualifying interest contemplated in subparagraph (i); or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 to be engaged as contemplated in subparagraph (ii),<\/span><\/p>\n

<\/p>\n

for an amount equal to the market value of those equity shares as at the date of the disposal in terms of the asset-for-share transaction; and<\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 immediately reacquired all the equity shares contemplated in item (aa) at a cost equal to the amount contemplated in that item:<\/span><\/p>\n

<\/p>\n

Provided that this paragraph does not apply where the person ceases to hold a qualifying interest in that company as a result of-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an intra-group transaction contemplated in section 45<\/a>, an unbundling transaction contemplated in section 46<\/a> or a liquidation distribution contemplated in section 47<\/a>;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an involuntary disposal contemplated in paragraph 65<\/a> of the Eighth Schedule<\/a> or a disposal that would have constituted an involuntary disposal contemplated in that paragraph had that asset not been a financial instrument; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the death of that person; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 disposed of an equity share in a foreign company to another foreign company in terms of an asset-for-share transaction contemplated in paragraph (b) of the definition of \u2018asset-for-share transaction\u2019 and, at any time within a period of 18 months after the date of that disposal and whether or not as a result of the disposal of shares in that foreign company-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where that asset-for-share transaction was constituted as a result of compliance with the requirement prescribed by paragraph (b)(ii)(aa) of that definition, that requirement is no longer met; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where that asset-for-share transaction was constituted as a result of compliance with the requirement prescribed by paragraph (b)(ii)(bb) of that definition, that requirement is no longer met,<\/span><\/p>\n

<\/p>\n

that person is for purposes of subsection (5), section 22<\/a> or the Eighth Schedule deemed to have-<\/p>\n

<\/p>\n

(aa) \u00a0 disposed of all the equity shares acquired in terms of that asset-for-share transaction that are still held immediately after the applicable requirement is no longer met, for an amount equal to the market value of those equity shares as at the date of the disposal in terms of the asset-for-share transaction; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 immediately reacquired all the equity shares contemplated in item (aa) at a cost equal to the amount contemplated in that item:<\/span><\/p>\n

<\/p>\n

Provided that this paragraph does not apply where any requirement prescribed by paragraph (b)(ii)(aa) or (bb) of the definition of \u2018asset-for-share transaction is no longer met as a result of-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an intra-group transaction contemplated in section 45<\/a>, an unbundling transaction contemplated in section 46<\/a> or a liquidation distribution contemplated in section 47<\/a>; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an involuntary disposal contemplated in paragraph 65<\/a> of the Eighth Schedule<\/a> or a disposal that would have constituted an involuntary disposal contemplated in that paragraph had that asset not been a financial instrument.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0Where a company disposes of an asset, other than an asset contemplated in section 25BB<\/a>(5), within a period of 18 months after acquiring that asset in terms of an asset-for-share transaction, and-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that asset constitutes a capital asset, so much of any capital gain determined in respect of the disposal of that asset as does not exceed the amount that would have been determined had that asset been disposed of at the beginning of that period of 18 months for proceeds equal to the market value of that asset as at that date, may not be taken into account in determining any net capital gain or assessed capital loss of that company but is subject to paragraph 10<\/a> of the Eighth Schedule<\/a> for purpose of determining an amount of taxable capital gain derived from that gain, which taxable capital gain may not be set off against any assessed loss or balance of assessed loss of that company; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that asset constitutes-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 trading stock in the hands of that company, other than an asset that constitutes trading stock that is regularly and continuously disposed of by that company, so much of the amount received or accrued in respect of the disposal of that trading stock as does not exceed the market value of that trading stock as at the beginning of that period of 18 months and so much of the amount taken into account in respect of that trading stock in terms of section 11(a)<\/a> or 22<\/a>(1) or (2) as is equal to the amount so taken into account in terms of subsection (2)(b); or<\/span><\/p>\n

[Subparagraph (i) amended by section 62 of Act 7 of 2010 and substituted by section 55 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0an allowance asset in the hands of that company, other than a company that is a REIT or a controlled company, as defined in section 25BB<\/a>(1), so much of any allowance in respect of that asset that is recovered or recouped by or included in the income of that company as a result of that disposal as does not exceed the amount that would have been recovered had that asset been disposed of at the beginning of that period of 18 months for an amount equal to the market value of that asset as at that date,<\/span><\/p>\n

[Sub-paragraph (ii)\u00a0substituted by\u00a0section\u00a051(1)(e)\u00a0of\u00a0Act 17 of 2017]<\/span><\/p>\n

<\/p>\n

must be deemed to be attributable to a separate trade carried on by that company, the taxable income from which trade may not be set off against any assessed loss or balance of assessed loss of that company.<\/p>\n

[Sub\u00adsection (7) amended by section 53(1)(t) of Act 35 of 2007 and by section 40 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 Where a person disposes of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any asset which secures any debt to a company in terms of an asset-for-share transaction and that debt was incurred by that person-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 more than 18 months before that disposal; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 within a period of 18 months before that disposal-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 and that debt was incurred at the same time as that asset was acquired by that person; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 to the extent that debt constitutes the refinancing of any debt in respect of that asset incurred as contemplated in subparagraph (i) or item (aa) of subparagraph (ii), and that company assumes that debt or an equivalent amount of debt that is secured by that asset; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any business undertaking as a going concern to a company in terms of an asset-for-share transaction and that disposal includes any amount of any debt that is attributable to, and arose in the normal course of that business undertaking,<\/span><\/p>\n

<\/p>\n

that person must, upon the disposal of any equity share acquired in terms of that asset-for-share transaction and notwithstanding the fact that that person may be liable as surety for the payment of the debt referred to in subparagraph (a) or (b), treat so much of the face value of that debt as relates to that equity share-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0\u00a0where that equity share is held as a capital asset, as a return of capital in respect of that equity share that accrues to that person immediately before the disposal by that person of that equity share; or<\/span><\/p>\n

[Paragraph (A) substituted by\u00a0section\u00a025(1)(d)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of disposals of shares on or after that date]<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0where that equity share is held as trading stock, as an amount to be included in that person\u2019s income immediately before that equity share is disposed of by that person.<\/span><\/p>\n

[Paragraph (B) substituted by\u00a0section\u00a055(d)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section\u00a025(1)(d)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of disposals of shares on or after that date]<\/span><\/p>\n

<\/p>\n

(8A)\u00a0 This section does not apply to the disposal of an asset by a person to a company if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the person and the company agree in writing that this section does not apply;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the the disposal would not be taken into account for purposes of determining-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any taxable income or assessed loss of that person; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any proportional amount of the net income of a controlled foreign company which is included in the income of any resident in terms of section 9D<\/a>; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that asset constitutes a debt owing by or a share in that company.<\/span><\/p>\n","post_title":"Subsections 2, 3, 3A, 4, 5, 6, 7, 8 and 8A of section 42 of ITA","collection_order":820,"collection":597,"post_modified":"2023-01-21 23:09:16","post_date":"2015-10-15 12:13:51"},{"ID":"1498","post_content":"

43. \u00a0 \u00a0Substitutive share-for-share transactions<\/span><\/strong><\/p>\n","post_title":"Section 43 (ITA) - Substitutive share-for-share transactions","collection_order":821,"collection":597,"post_modified":"2019-02-23 22:18:52","post_date":"2015-10-15 12:13:51"},{"ID":"1500","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/p>\n

\u2018equity share\u2019<\/strong> includes a linked unit;<\/p>\n","post_title":"\"Equity share\" definition of section 43 of ITA","collection_order":822,"collection":597,"post_modified":"2019-02-23 22:08:30","post_date":"2015-10-15 12:13:51"},{"ID":"1502","post_content":"

\u2018substitutive share-for-share transaction\u2019<\/strong> means a transaction between a person and a company in terms of which that person disposes of an equity share in the form of a linked unit in that company and acquires an equity share other than a linked unit in that company.<\/p>\n

[Definition of \u2018substitutive share-for-share transaction\u2019 substituted by section 92 of Act 31 of 2013 effective on 24 October 2013 - comes into operation in terms of section 92 of Act 31 of 2013 as substituted by section 124 of Act 43 of 2014]\u00a0<\/span><\/p>\n","post_title":"\"Substitutive share-for-share transaction\" definition of section 43 of ITA","collection_order":823,"collection":597,"post_modified":"2019-02-23 22:19:05","post_date":"2015-10-15 12:13:51"},{"ID":"1504","post_content":"

(1A) \u00a0Where a person disposes of an equity share in a company that constitutes a pre-valuation date asset and acquires another equity share in that company in terms of a substitutive share-for-share transaction,\u00a0 for the purposes of determining the date of acquisition of that equity share and the expenditure in respect of the cost of acquisition of that equity share, that person must be treated as having-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 disposed of that equity share at the time immediately before that substitutive share-for-share transaction, for an amount equal to the market value of that equity share at that time; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 immediately reacquired that equity share at that time at an expenditure equal to that market value-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 less any capital gain, and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 increased by any capital loss,<\/span><\/p>\n

<\/p>\n

that would have been determined had that equity share been disposed of at market value at that time,\u00a0which expenditure must be treated as an amount of expenditure actually incurred at that time for the purposes of paragraph 20<\/a>(1)(a) of the Eighth Schedule<\/a>.<\/p>\n

[Subsection (1A) added by section 92 of Act 31 of 2013 effective on 24 October 2013 - comes into operation in terms of section 92 of Act 31 of 2013 as substituted by section 124 of Act 43 of 2014]<\/span><\/p>\n

<\/p>\n

(2) \u00a0 \u00a0 Subject to subsection (4), where a person disposes of an equity share in a company and acquires another equity share in that company in terms of a substitutive share-for-share transaction, that person must be deemed to have-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 disposed of that equity share so disposed of for an amount equal to the expenditure incurred by that person in respect of that equity share so disposed of which is or was allowable in terms of paragraph 20<\/a> of the Eighth Schedule<\/a> or taken into account in terms of section 11(a)<\/a> or 22<\/a>(1) or (2), as the case may be;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 acquired that other equity share so acquired on the latest date on which that person acquired any share comprising the equity share so disposed of for a cost equal to the expenditure incurred by that person as contemplated in paragraph (a); and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 incurred the cost contemplated in paragraph (b) on the date contemplated in that paragraph, which cost must-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 if the equity share so acquired is acquired as a capital asset, be treated for the purposes of paragraph 20 of the Eighth Schedule as an expenditure actually incurred by that person in respect of the equity share so acquired; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 if the equity share so acquired is acquired as trading stock, be treated for the purposes of section 11(a)<\/a> or 22<\/a>(1) or (2) as the amount to be taken into account by that person in respect of the equity share so acquired.<\/span><\/p>\n

[Subsection (2) amended by section 92(1)(i) of Act 31 of 2013 effective on 1 April 2013, substituted by section 92(1)(j) of Act 31 of 2013 effective on 24 October 2013 - comes into operation in terms of section 92 of Act 31 of 2013, substituted by section 124 of Act 43 of 2014)]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subsection (3) deleted by section 90 of Act 31 of 2013 effective on 24 October 2013 - comes into operation in terms of section 92 of Act 31 of 2013, substituted by section 124 of Act 43 of 2014]<\/span><\/p>\n

<\/p>\n

(4)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 This subsection applies where-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a person disposes of an equity share in a company in terms of a substitutive share-for-share transaction; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that person becomes entitled, in exchange for that equity share, to any consideration other than a dividend, foreign dividend or another equity share that is acquired by that person in terms of that substitutive share-for-share transaction.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where a person disposes of an equity share in terms of a substitutive share-for-share transaction and becomes entitled to consideration other than another equity share as contemplated in paragraph (a)(ii)-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 subsection (2) must not apply to the part of the equity share so disposed of that relates to that consideration; and<\/span><\/p>\n

[Subparagraph (i) substituted by section 56 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 either-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 where that equity share is so disposed of as a capital asset, the base cost at the time of that disposal of the part of the equity share contemplated in subparagraph (i) must be deemed to be equal to an amount which bears to the base cost of the equity share so disposed of the same ratio as the market value of that consideration bears to the sum of the market value of that consideration and the market value of the equity share acquired by that person in terms of that substitutive share-for-share transaction; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 where that interest is so disposed of as trading stock, the amount to be taken into account in terms of section 11 (a)<\/a> or 22<\/a>(1) or (2) in respect of the part of the equity share contemplated in subparagraph (i) must be deemed to be equal to an amount which bears to the total amount taken into account in terms of section 11(a)<\/a> or 22<\/a>(1) or (2) in respect of the equity share so disposed of the same ratio as the market value of that consideration bears to the sum of the market value of that\u00a0 consideration and the market value of the equity share acquired by that person in terms of that substitutive share-for-share transaction.<\/span><\/p>\n

[Subsectiom (4) substituted by section 92 of Act 31 of 2013 effective on 24 October 2013 - comes into operation in terms of section 92 of Act 31 of 2013, substituted by section 124 of Act 43 of 2014]<\/span><\/p>\n

<\/p>\n

(4A) \u00a0If an equity share is issued in terms of a substitutive share-for-share transaction, the issue price of the linked unit disposed of in terms of that transaction is deemed to be contributed tax capital in respect of the class to which the equity share so acquired relates.<\/span><\/p>\n

[Subsection (4A) inserted by section 92 of Act 31 of 2013 effective on 24 October 2013 - comes into operation in terms of section 92 of Act 31 of 2013 as substituted by section 124 of Act 43 of 2014]<\/span><\/p>\n","post_title":"Subsections 1A, 2, 4 and 4A of section 43 of ITA","collection_order":824,"collection":597,"post_modified":"2019-02-23 19:19:42","post_date":"2015-10-15 12:13:51"},{"ID":"1506","post_content":"

44. \u00a0 \u00a0Amalgamation transactions<\/span><\/strong><\/p>\n","post_title":"Section 44 (ITA) - Amalgamation transactions","collection_order":825,"collection":597,"post_modified":"2020-03-06 11:08:17","post_date":"2015-10-15 12:13:51"},{"ID":"1508","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this section-<\/span><\/p>\n

<\/p>\n

\u2018amalgamation transaction\u2019<\/strong> means any transaction-<\/p>\n

<\/p>\n

(a)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in terms of which any company (hereinafter referred to as the \u2018amalgamated company) which is a resident disposes of all of its assets (other than assets it elects to use to settle any debts incurred by it in the ordinary course of its trade and other than assets required to satisfy any reasonably anticipated liabilities to any sphere of government of any country and costs of administration relating to the liquidation or winding-up) to another company (hereinafter referred to as the \u2018resultant company\u2019) which is a resident, by means of an amalgamation, conversion or merger; and<\/span><\/p>\n

[Subparagraph (i) substituted by section 57 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 as a result of which the existence of that amalgamated company will be terminated;<\/span><\/p>\n

<\/p>\n

(b)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in terms of which an amalgamated company which is a foreign company disposes of all of its assets (other than assets it elects to use to settle any debts incurred by it in the ordinary course of its trade and other than assets required to satisfy any reasonably anticipated liabilities to any sphere of government of any country and costs of administration relating to the liquidation or winding-up) to a resultant company which is a resident, by means of an amalgamation, conversion or merger;<\/span><\/p>\n

[Subparagraph (i) substituted by section 57 of Act 43 of <\/span>2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 if, immediately before that transaction, any shares in that amalgamated company are held as capital assets; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 as a result of which the existence of that amalgamated company will be terminated; or<\/span><\/p>\n

<\/p>\n

(c)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in terms of which an amalgamated company which is a foreign company disposes of all of its assets (other than assets it elects to use to settle any debts incurred by it in the ordinary course of its trade and other than assets required to satisfy any reasonably anticipated liabilities to any sphere of government of any country and costs of administration relating to its liquidation or winding-up) to a resultant company which is a foreign company, by means of an amalgamation, conversion or merger;<\/span><\/p>\n

[Subparagraph (ii) substituted by section 55 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 if-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 mmediately before that transaction-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 that amalgamated company and that resultant company form part of the same group of companies (as defined in section 1);<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0that resultant company is a controlled foreign company in relation to any resident that is part of the group of companies contemplated in subitem (A); and<\/span><\/p>\n

<\/p>\n

(C) \u00a0 \u00a0any shares in that amalgamated company that are directly or indirectly held by that resultant company are held as capital assets; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 immediately after that transaction, more than 50 per cent of the equity shares in that resultant company are directly or indirectly held by a resident (whether alone or together with any other person that is a resident and that forms part of the same group of companies as that resident); and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 as a result of which the existence of that amalgamated company will be terminated.<\/span><\/p>\n","post_title":"\"Amalgamation transaction\" definition of section 44 of ITA","collection_order":826,"collection":597,"post_modified":"2021-04-01 09:49:29","post_date":"2015-10-15 12:13:51"},{"ID":"1510","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Where an amalgamated company disposes of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a capital asset in terms of an amalgamation transaction to a resultant company which acquires it as a capital asset-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the amalgamated company must be deemed to have disposed of that asset for an amount equal to the base cost of that asset on the date of that disposal; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that resultant company and that amalgamated company must, for purposes of determining any capital gain or capital loss in respect of a disposal of that asset by that resultant company, be deemed to be one and the same person with respect to-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the date of acquisition of that asset by that amalgamated company and the amount and date of incurral by that amalgamated company of any expenditure in respect of that asset allowable in terms of paragraph 20<\/a> of the Eighth Schedule<\/a>; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any valuation of that asset effected by that amalgamated company as contemplated in paragraph 29<\/a>(4) of the Eighth Schedule<\/a>;<\/span><\/p>\n

<\/p>\n

: Provided that this paragraph does not apply to any asset disposed of in terms of an amalgamation transaction contemplated in paragraph (b) of the definition of \u2018amalgamation transaction\u2019 if, on the date of that disposal, the market value of that asset is less than the base cost of that asset;<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an asset held by it as trading stock in terms of an amalgamation transaction to a resultant company which acquires it as trading stock-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that amalgamated company must be deemed to have disposed of that asset for an amount equal to the amount taken into account by that amalgamated company in respect of that asset in terms of section 11(a)<\/a> or 22<\/a>(1) or (2); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that amalgamated company and that resultant company must, for purposes of determining any taxable income derived by that resultant company from a trade carried on by it, be deemed to be one and the same person with respect to the date of acquisition of that asset by that amalgamated company and the amount and date of incurral by that amalgamated company of any cost or expenditure incurred in respect of that asset as contemplated in section 11(a)<\/a> or 22<\/a>(1) or (2).<\/span><\/p>\n

<\/p>\n

: Provided that this paragraph does not apply to any asset disposed of in terms of an amalgamation transaction contemplated in paragraph (b) of the definition of \u2018amalgamation transaction\u2019 if, on the date of that disposal, the market value of that asset is less than the amount taken into account in respect of that asset in terms of section 11(a)<\/a> or 22<\/a>(1) or (2);<\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where an amalgamated company disposes of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0an asset that constitutes an allowance asset for that amalgamated company to a resultant company as part of an amalgamation transaction and that resultant company acquires that asset as an allowance asset or that resultant company is a REIT or a controlled company, as defined in\u00a0section 25BB<\/a>(1), that acquires that asset as a capital asset or an allowance asset-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 52 of Act 17 of 2017 and section 56 of Act 23 of 2018 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 no allowance allowed to that amalgamated company in respect of that asset must be recovered or recouped by that amalgamated company or included in that amalgamated company\u2019s income for the year of that transfer; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that amalgamated company and that resultant company must be deemed to be one and the same person for purposes of determining the amount of any allowance or deduction \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 to which that resultant company may be entitled in respect of that asset; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0that is to be recovered or recouped by or included in the income of that resultant company in respect of that asset;<\/span><\/p>\n

[Item (bb) substituted by section 52 of Act 17 of 2017 and section 56 of Act 23 of 2018 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a contract to a resultant company as part of a disposal of a business as a going concern in terms of an amalgamation transaction and an allowance in terms of section 24<\/a>, 24C<\/a> or 24P<\/a> was allowable to that amalgamated company in respect of that contract for the year preceding that in which that contract is transferred or would have been allowable to that amalgamated company for the year of that transfer had that contract not been so transferred-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 52 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 no allowance allowed to that amalgamated company under those sections must be included in that amalgamated company\u2019s income for the year of that transfer; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that amalgamated company and that resultant company must be deemed to be one and the same person for purposes of determining the amount of any allowance-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0to which that resultant company may be entitled under those sections; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 that is to be included in the income of that resultant company under those sections.<\/span><\/p>\n

[Paragraph (b) substituted by section 63 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The provisions of subsections (2) and (3) will not apply to a disposal of an asset by an amalgamated company to a resultant company as part of an amalgamation transaction to the extent that such asset is so disposed of in exchange for consideration other than-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an equity share or shares in that resultant company; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the assumption by that resultant company of a debt of that amalgamated company that was incurred by that amalgamated company, that \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 was incurred by that amalgamated company-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 more than 18 months before that disposal; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 within a period of 18 months before that disposal, to the extent that the debt \u2013<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 constitutes the refinancing of any debt incurred as contemplated in subparagraph (aa); or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 is attributable to and arose in the ordinary course of a business undertaking disposed of, as a going concern to that resultant company as part of that amalgamation transaction; and<\/span>.<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 was not incurred by that amalgamated company for the purpose of procuring, enabling, facilitating or funding the acquisition by that resultant company of any asset in terms of that amalgamation transaction.<\/span><\/p>\n

<\/p>\n

(4A) \u00a0 For purposes of the definition of \u2018contributed tax capital\u2019, if the resultant company issues shares in exchange for the disposal\u00a0\u00a0 of an asset in terms of an amalgamation transaction, the amount received by or accrued to the resultant company as consideration for the issue of shares is deemed to be equal to an amount which bears to the contributed tax capital of the amalgamated company at the time of termination contemplated in paragraph (a)(ii) of the definition of \u2018amalgamation transaction\u2019 in subsection (1) the same ratio as the value of the shares held in the amalgamated company at that time by shareholders other than the resultant company bears to the value of all shares held in the amalgamated company at that time: Provided that where the amalgamated company is a portfolio of a collective investment scheme in property, the price at which the participatory interests were issued shall be added to the contributed tax capital in respect of the class of shares issued by the resultant company.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0Where the resultant company acquires any asset, other than an asset contemplated in section 25BB<\/a>(5), from the amalgamated company in terms of an amalgamation transaction that was subject to subsection (2) or (3) and that resultant company disposes of that asset within a period of 18 months after so acquiring that asset and\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that asset constitutes a capital asset in the hands of that resultant company-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 so much of any capital gain determined in respect of the disposal of that asset as does not exceed the amount that would have been determined had that asset been disposed of at the beginning of that period of 18 months for proceeds equal to the market value of that asset as at that date, may not be taken into account in determining any net capital gain or assessed capital loss of that resultant company but is subject to paragraph 10<\/a> of the Eighth Schedule<\/a> for purpose of determining an amount of taxable capital gain derived from that gain, which taxable capital gain may not be set off against any assessed loss or balance of assessed loss of that resultant company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 so much of any capital loss determined in respect of the disposal of that asset as does not exceed the amount that would have been determined had that asset been disposed of at the beginning of that period of 18 months for proceeds equal to the market value of that asset as at that date, must be disregarded in determining the aggregate capital gain or aggregate capital loss of that resultant company for purposes of the Eighth Schedule<\/a>: Provided that the amount of any capital loss so disregarded may be deducted from the amount of any capital gain determined in respect of the disposal during that year or any subsequent year of assessment of any other asset acquired by that resultant company from that amalgamated company in terms of that amalgamation transaction; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that asset constitutes-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 trading stock in the hands of that resultant company, so much of the amount received or accrued in respect of the disposal of that trading stock as does not exceed the market value of that trading stock as at the beginning of that period of 18 months and so much of the amount taken into account in respect of that trading stock in terms of section 11(a)<\/a> or 22<\/a>(1) or (2) as is equal to the amount so taken into account in terms of subsection (2)(b); or<\/span><\/p>\n

<\/p>\n

: Provided that this subparagraph does not apply to any asset that constitutes trading stock that is regularly and continuously disposed of by that resultant company<\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an allowance asset in the hands of that resultant company other than a resultant company that is a REIT or a controlled company, as defined in section 25BB<\/a>(1), so much of any allowance in respect of that asset that is recovered or recouped by or included in the income of that resultant company as a result of that disposal as does not exceed the amount that would have been recovered had that asset been disposed of at the beginning of that period of 18 months for an amount equal to the market value of that asset as at that date,<\/span><\/p>\n

[Subparagraph (ii) substituted by section 52 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

must be deemed to be attributable to a separate trade carried on by that resultant company, the taxable income or assessed loss from which trade may not be set off against or added to any assessed loss or balance of assessed loss of that resultant company.<\/p>\n

[Sub\u00adsection (5) amended by section 41 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(6)<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 This subsection applies where any person that holds an equity share in an amalgamated company acquires an equity share in the resultant company by virtue of that shareholding and pursuant to an amalgamation transaction in respect of which subsection (2) or (3) applied-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 as either a capital asset or trading stock, in the case where that equity share in the amalgamated company is held as a capital asset; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 as trading stock in the case where that equity share in the amalgamated company is held as trading stock.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The person contemplated in paragraph (a) is deemed, subject to paragraphs (d) and (e), to have-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 disposed of the equity share in that amalgamated company for an amount equal to the expenditure incurred by that person in respect of that equity share which is or was allowable in terms of paragraph 20 of the Eighth Schedule or taken into account in terms of section 11(a)<\/a> or 22<\/a>(1) or (2), as the case may be;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 acquired the equity share in the resultant company on the date on which that person acquired the equity share in the amalgamated company for a cost equal to the expenditure incurred by that person as contemplated in subparagraph (i);<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 incurred the cost contemplated in subparagraph (ii) on the date on which that person incurred the expenditure in respect of the equity share in the amalgamated company, which cost must be treated as-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 an expenditure actually incurred by that person in respect of those equity shares for the purposes of paragraph 20 of the Eighth Schedule, if those equity shares in the resultant company are acquired as capital assets; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the amount to be taken into account by that person in respect of those equity shares for the purposes of section 11(a)<\/a> or 22<\/a>(1) or (2), if those equity shares in the resultant company are acquired as trading stock; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 done any valuation of the equity share in the amalgamated company which was done by that person within the period contemplated in paragraph 29<\/a>(4) of the Eighth Schedule<\/a>, in respect of the equity share in the resultant company.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 An equity share in the resultant company that is acquired by the person contemplated in paragraph (a) is deemed not to be an amount transferred or applied by the amalgamated company for the benefit or on behalf of that person in respect of the share held by that person in that amalgamated company.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 Where the person contemplated in paragraph (a) becomes entitled to any consideration other than any equity share in the resultant company, the provisions of paragraph (b) must not apply in respect of the part of the equity share held by that person in the amalgamated company which bears the same ratio to that share as the amount of that other consideration bears to the amount of the full consideration in respect of that share.<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 Where the person contemplated in paragraph (a) becomes entitled, by virtue of the equity share held by that person in the amalgamated company, to any consideration other than any equity share in the resultant company, so much of the amount of that other consideration as does not exceed the market value of all the assets of the amalgamated company immediately before the amalgamation, conversion or merger less-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the liabilities; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the sum of the contributed tax capital of all the classes of shares,<\/span><\/p>\n

<\/p>\n

of the amalgamated company immediately before the amalgamation, conversion or merger must, for the purposes of the definitions of \u2018dividend\u2019, \u2018foreign dividend\u2019, \u2018foreign return of capital\u2019 and \u2018return of capital\u2019 in section 1, be deemed to be an amount transferred or applied by that amalgamated company for the benefit or on behalf of that person in respect of the share held by that person in the amalgamated company.<\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 Where an amalgamated company disposes of any equity shares in a resultant company that were acquired by that amalgamated company in terms of an amalgamation transaction that was subject to subsection (2) or (3), to a shareholder of that amalgamated company as part of that amalgamation transaction, that amalgamated company must disregard that disposal for purposes of determining its taxable income or assessed loss.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026<\/span><\/p>\n

[Subsection (9) amended by section 52 of Act 45 of 2003,\u00a0section 69 of Act 24 of 2011, section 76 of Act 22 of 2012 and section 93 of Act 31 of 2013 and deleted by section 56 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(11)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(12)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(13)\u00a0\u00a0 The provisions of this section do not apply where the amalgamated company-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 has not, within a period of 36 months after the date of the amalgamation transaction, or such further period as the Commissioner may allow, taken the steps contemplated in section 41<\/a>(4) to liquidate, wind up or deregister; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 has at any stage withdrawn any step taken to liquidate, wind up or deregister that company, as contemplated in paragraph (a), or does anything to invalidate any step so taken, with the result that the company will not be liquidated, wound up or deregistered.<\/span><\/p>\n

<\/p>\n

: Provided that any tax which becomes payable as a result of the application of this subsection may be recovered from the resultant company<\/p>\n

<\/p>\n

(14)\u00a0\u00a0 The provisions of this section do not apply-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in respect of any transaction that constituted a liquidation distribution as defined in section 47<\/a>(1);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in respect of any transaction if the resultant company is a company contemplated in paragraph (c) or (d) of the definition of \u2018company\u2019;<\/span><\/p>\n

<\/p>\n

(bA)\u00a0 in respect of any transaction if the resultant company is a portfolio of a collective investment scheme in securities and the amalgamated company is not a portfolio of a collective investment scheme in securities;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bB)\u00a0\u00a0in respect of any transaction if the resultant company is a portfolio of a hedge fund investment scheme and the amalgamated company is not a portfolio of a hedge fund collective investment scheme;<\/span><\/p>\n

[Paragraph (bB) inserted by section 63 of Act 25 of 2015 effective on 1 April 2015 \u2013 comes into operation in terms of section 63 of Act 25 of 2015 as amended by section 102 of Act 15 of 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in respect of any transaction if the resultant company is a non-profit company as defined in section 1 of the Companies Act;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 in respect of any transaction contemplated in paragraph (a) of the definition of \u2018amalgamated company\u2019 if the resultant company is a company contemplated in paragraph (b) or (e)(ii) of the definition of \u2018company\u2019 and does not have its place of effective management in the Republic;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 in respect of any transaction if any amount constituting gross income of whatever nature would be exempt from tax in terms of section 10 were it to be received by or to accrue to the resultant company;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 in respect of any transaction if the resultant company is a public benefit organisation or recreational club approved by the Commissioner in terms of section 30<\/a> or 30A<\/a>; or<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 to a disposal of an asset by an amalgamated company to a resultant company-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in terms of an amalgamation transaction contemplated in paragraph (a) of the definition of \u2018amalgamation transaction\u2019 where that resultant company and the person contemplated in subsection (6) form part of the same group of companies immediately before and after that disposal; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in terms of an amalgamation transaction contemplated in paragraph (b) of the definition of \u2018amalgamation transaction \u2018where that resultant company and the person contemplated in subsection (6) form part of the same group of companies (without regard to paragraph (i)(ee) of the proviso to the definition of \u2018group of companies \u2018in section 41) immediately before and after that disposal,<\/span><\/p>\n

<\/p>\n

if that amalgamated company, resultant company and person jointly so elect.<\/p>\n","post_title":"Subsections 2, 3, 4, 4A, 5, 6, 8, 9, 12, 13 and 14 of section 44 of ITA","collection_order":827,"collection":597,"post_modified":"2021-04-05 10:07:42","post_date":"2015-10-15 12:13:51"},{"ID":"1513","post_content":"

45. \u00a0 \u00a0 Intra-group transactions<\/span><\/strong><\/p>\n","post_title":"Section 45 (ITA) - Intra-group transactions","collection_order":828,"collection":597,"post_modified":"2020-03-06 11:08:52","post_date":"2015-10-15 12:13:51"},{"ID":"1515","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section-<\/span><\/p>\n

\u00a0<\/p>\n

\u2018intra-group transaction\u2019<\/strong> means any transaction-<\/p>\n

\u00a0<\/p>\n

(a)<\/span><\/p>\n

\u00a0<\/p>\n

(i) \u00a0 \u00a0 \u00a0in terms of which any asset is disposed of by one company (hereinafter referred to as the \u2018transferor company\u2019) to another company that is a resident (hereinafter referred to as the \u2018transferee company\u2019) and both companies form part of the same group of companies as at the end of the day of that transaction; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 as a result of which that transferee company acquires that asset from that transferor company-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 as a capital asset, where that transferor company holds it as a capital asset; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 as trading stock, where that transferor company holds it as trading stock; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in terms of which any asset that constitutes an equity share held by a transferor company as a capital asset in a foreign company is disposed of by that transferor company to a transferee company in exchange for the issue of debt or shares other than equity shares by that transferee company;<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 as a result of which that transferee company acquires that asset from that transferor company as a capital asset; and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 if, immediately before and as at the end of the day of that transaction-<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 that transferor company and that transferee company form part of the same group of companies (as defined in section 1<\/a>);<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 that transferor company is a resident or is a controlled foreign company in relation to one or more residents that form part of that group of companies; and<\/span><\/p>\n

\u00a0<\/p>\n

(cc) \u00a0 that transferee company is a resident or is a controlled foreign company in relation to one or more residents that form part of that group of companies.<\/span><\/p>\n","post_title":"\"Intra-group transaction\" definition of section 45 of ITA","collection_order":829,"collection":597,"post_modified":"2019-02-23 19:20:01","post_date":"2015-10-15 12:13:51"},{"ID":"1517","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Where a transferor company disposes of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a capital asset in terms of an intra-group transaction to a transferee company which acquires it as a capital asset \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the transferor company must be deemed to have disposed of that asset for an amount equal to the base cost of that asset on the date of that disposal; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that transferor company and that transferee company must, for purposes of determining any capital gain or capital loss in respect of a disposal of that asset by that transferee company, be deemed to be one and the same person with respect to-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the date of acquisition of that asset by that transferor company and the amount and date of incurral by that transferor company of any expenditure in respect of that asset allowable in terms of paragraph 20<\/a> of the Eighth Schedule<\/a>; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any valuation of that asset effected by that transferor company as contemplated in paragraph 29<\/a>(4) of the Eighth Schedule<\/a>;<\/span><\/p>\n

<\/p>\n

: Provided that in the case of an intra-group transaction contemplated in paragraph (b) of the definition of \u2018intra-group transaction\u2019, this paragraph does not apply to any asset that constitutes an equity share disposed of by a transferor company to a transferee company in terms of that intra-group transaction if-<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 that transferor company is a controlled foreign company in relation to any resident;<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 that transferee company is a resident; and<\/span><\/p>\n

<\/p>\n

(C)\u00a0\u00a0\u00a0\u00a0 the base cost of that equity share exceeds the market value of that equity share at the time of that disposal;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an asset held by it as trading stock in terms of an intra-group transaction contemplated in paragraph (a) of the definition of \u2018intra-group transaction\u2019 to a transferee company which acquires it as trading stock-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that transferor company must be deemed to have disposed of that asset for an amount equal to the amount taken into account by that transferor company in respect of that asset in terms of section 11(a)<\/a> or 22<\/a>(1) or (2); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that transferor company and that transferee company must, for purposes of determining any taxable income derived by that transferee company from a trade carried on by it, be deemed to be one and the same person with respect to the date of acquisition of that asset by that transferor company and the amount and date of incurral by that transferor company of any cost or expenditure incurred in respect of that asset as contemplated in section 11(a)<\/a> or 22<\/a>(1) or (2).<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where a transferor company transfers-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0an asset that constitutes an allowance asset for that transferor company to a transferee company in terms of an intra-group transaction contemplated in paragraph (a) of the definition of intra-group transaction\u2019 and that transferee company acquires that asset as an allowance asset or that transferee company is a REIT or a controlled company, as defined in\u00a0section 25BB<\/a>(1), that acquires that asset as a capital asset or an allowance asset-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 77 of Act 22 of 2012 and section 57 of Act 23 of 2018 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 no allowance allowed to that transferor company in respect of that asset must be recovered or recouped by that transferor company or included in that transferor company\u2019s income for the year of that transfer; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that transferor company and that transferee company must be deemed to be one and the same person for purposes of determining the amount of any allowance or deduction \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 to which that transferee company may be entitled in respect of that asset; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0that is to be recovered or recouped by or included in the income of that transferee company in respect of that asset;<\/span><\/p>\n

[Item (bb) substituted by section 53 of Act 17 of 2017\u00a0and section 57 of Act 23 of 2018 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a contract to a transferee company as part of a disposal of a business as a going concern in terms of an intra-group transaction contemplated in paragraph (a) of the definition of \u2018intra-group transaction\u2019 and an allowance in terms of section 24<\/a>, 24C<\/a> or 24P<\/a> was allowable to that transferor company in respect of that contract for the year preceding that in which that contract is transferred or would have been allowable to that transferor company for the year of that transfer had that contract not been so transferred-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 53 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 no allowance allowed to that transferor company under those sections must be included in that transferor company\u2019s income for the year of that transfer; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that transferor company and that transferee company must be deemed to be one and the same person for purposes of determining the amount of any allowance-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0 to which that transferee company may be entitled under those sections; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 that is to be included in the income of that transferee company under those sections.<\/span><\/p>\n

[Paragraph (b) substituted by section 64 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(3A)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0This subsection applies where an asset is acquired by a transferee company from a transferor company in terms of an intra-group transaction and-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount incurred by that transferee company as consideration for the acquisition of that asset from that transferor company is funded directly or indirectly by the issue of any debt or share other than an equity share; and<\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section\u00a077(1)(g)\u00a0of\u00a0Act\u00a022 of 2012\u00a0with effect from 1\u00a0January, 2013]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that debt or share-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0is issued by a company that forms part of the same group of companies as the transferee company or the transferor company; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0is issued or used for the purposes of directly or indirectly facilitating or funding that intra-group transaction.<\/span><\/p>\n

[Subparagraph\u00a0(ii) amended by\u00a0section\u00a077(1)(h)\u00a0of\u00a0Act\u00a022 of 2012\u00a0with effect from 1\u00a0January, 2013]<\/span><\/p>\n

[Paragraph (a)\u00a0amended by\u00a0section\u00a077(1)(f)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and by\u00a0section\u00a094(1)(d)\u00a0of\u00a0Act\u00a031 of 2013\u00a0deemed effective on 1\u00a0January, 2013 and applicable in respect of transactions entered into on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The holder of any debt or share contemplated in paragraph (a) who is part of the same group of companies as the issuer of that debt or share must, for the purposes of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 paragraph 20<\/a> of the Eighth Schedule<\/a>, be deemed to have acquired that debt or share for an amount of expenditure of nil; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 section 11(a)<\/a> or 22<\/a>(1) or (2), be deemed to have acquired that debt or share for an amount of expenditure or cost of nil.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 Where an amount, other than an amount of interest or an amount previously taken into account as interest, is received by or accrues to a holder in respect of a debt contemplated in paragraph (a) from any company that forms part of the same group of companies, as defined in section 1<\/a>, as that holder and that amount is applied by the holder in settlement of the amount outstanding in respect of that debt, that amount must be disregarded in determining the aggregate capital gain or the taxable income of that holder to the extent that that amount reduces the liability of the issuer of that debt to that holder.<\/span><\/p>\n

[Paragraph (c) substituted by section 77(1)(j) of Act 22 of 2012, section 77(1)(k) of Act 22 of 2012, section 77(1)(l) and section 64 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 Where an amount, other than an amount that constitutes a dividend or an amount previously taken into account as a dividend, is received by or accrued to a holder in respect of a share contemplated in paragraph (a) from any company that forms part of the same group of companies as that holder and that amount is applied in reduction of the capital subscribed for that share, that amount must be disregarded in determining the aggregate capital gain or the taxable income of that holder.<\/span><\/p>\n

<\/p>\n

(3B)<\/span><\/p>\n

<\/p>\n

(a) \u00a0\u00a0\u00a0\u00a0This subsection applies where a debt or share is issued or used for purposes of directly or indirectly facilitating or funding the acquisition of an asset that is acquired as contemplated in subsection (3A), and subsequent to that acquisition\u2014<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the transferee company, within a period of six years after the acquisition, ceases in relation to the transferor company or a controlling group company in relation to the transferor company, as contemplated in subsection (4), or the transferee company and the transferor company are deemed to have ceased in terms of subsection (4B), to form part of any group of companies as contemplated in subsection (4);<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the transferee company and the transferor company still form part of the same group of companies on the sixth anniversary of that acquisition; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0the transferee company disposes of an asset in terms of any transaction other than a transaction contemplated under this Part.<\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a016(1)(a)\u00a0of\u00a0Act\u00a020 of 2022\u00a0deemed effective on 1\u00a0January, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b) \u00a0\u00a0\u00a0\u00a0Where the holder of a debt or the holder of a share acquired that debt or share as a result of the issue or use of a debt or share as contemplated in paragraph (a), the holder of that debt or the holder of that share must, on the day on which the circumstances contemplated in paragraph (a) occur, be deemed to have incurred expenditure-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in respect of a debt, in an amount equal to the face value of that debt immediately after the acquisition of an asset as contemplated in paragraph (a) less any amount, other than an amount of interest or an amount previously taken into account as interest, that was received by or accrued to that holder in respect of that debt and was applied by that holder as settlement of the amount outstanding in respect of that debt; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in respect of a share, in an amount equal to the price at which that share was subscribed for by that holder of that share less any amount, other than an amount that constitutes a dividend or an amount previously taken into account as a dividend, that was received by or accrued to that holder in respect of that share if that amount so taken into account was previously applied in reduction of the amount of expenditure incurred in respect of the acquisition of that share:<\/span><\/p>\n

<\/p>\n

Provided that the determination of any expenditure deemed to have been incurred shall be limited to the extent to which a debt or share facilitated the funding of the acquisition of an asset in respect of which the provisions of this section are applied.<\/p>\n

[Subsection (3B)\u00a0inserted by\u00a0section\u00a033(1)\u00a0of\u00a0Act\u00a023 of 2020, substituted by\u00a0section\u00a026(1)(a)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and amended by\u00a0section\u00a016(1)(b)\u00a0and\u00a0(c)\u00a0of\u00a0Act\u00a020 of 2022\u00a0deemed effective on 1\u00a0January, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(4)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 This subsection applies in respect of a transferee-company which has acquired an asset \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in terms of a disposal by a transferor company by means of an intra-group transaction; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in terms of one or more disposals subsequent to the disposal contemplated in subparagraph (i),<\/span><\/p>\n

[Subparagraph (ii)\u00a0substituted by\u00a0section\u00a016(1)(d)\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n

<\/p>\n

and no capital gain or capital loss was determined in respect of any of those disposals as a result of the application of this Part: Provided that this subsection does not apply to any asset that constitutes trading stock that is regularly and continuously disposed of by the transferee company.<\/p>\n

[Paragraph (a)\u00a0amended by\u00a0section\u00a064(1)(a)\u00a0of\u00a0Act\u00a07 of 2010\u00a0and by\u00a0section\u00a016(1)(d)\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where a transferee company contemplated in paragraph (a) of the definition of \u2018intra-group transaction\u2019 which has acquired an asset as contemplated in paragraph (a) ceases within a period of six years after the acquisition to form part of any group of companies in relation to the transferor company contemplated in paragraph (a)(i) or a controlling group company in relation to the transferor company, and the transferee company has not disposed of that asset-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0an amount, in the case of an asset other than an asset contemplated in section 25BB<\/a>(5), equal to the lesser of-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the greatest capital gain that would have been determined in respect of any disposal of the asset in terms of an intra-group transaction within the period of six years preceding the date on which the transferee company ceased to form part of the group of companies, had subsection (2) not applied in respect of that disposal; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the capital gain that would be determined if the asset was disposed of on the date on which the transferee company ceases to form part of the group of companies for an amount equal to the market value of the asset on that date,<\/span><\/p>\n

<\/p>\n

is deemed to be a capital gain of the transferee company for the current year of assessment and the base cost of the asset must be increased by that amount and, where the asset is an allowance asset, the cost or value of the asset must be increased by 80 per cent of that amount\u037e<\/p>\n

[Sub\u00adparagraph (i) amended by section 42(a) and (b) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an amount equal to the greater of-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the greatest amount contemplated in paragraph (j) or (n) of the definition of \u2018gross income\u2019 that would have been included in income as a result of any disposal of the asset in terms of an intra-group transaction within the period of six years preceding the date on which the transferee company ceases to form part of the group of companies, had subsection (3) not applied in respect of that disposal; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the amount contemplated in paragraph (j) or (n) of the definition of \u2018gross income\u2019 that would be included in income if the asset was disposed of on the date on which the transferee company ceases to form part of the group of companies for an amount equal to the market value of the asset on that date,<\/span><\/p>\n

<\/p>\n

must be included in the gross income of the transferee company for the current year of assessment and the cost or value of the asset for purposes of any deductions allowable in respect of that asset (other than deductions allowable in terms of section 12G or 12I) must be increased by that amount: Provided that where an amount contemplated in paragraph (j) of the definition of \u2018gross income \u2018 is so included, the cost or value is deemed to be so increased immediately before any subsequent disposal of the asset; and<\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 an amount equal to the lesser of-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the greatest amount of taxable income (other than any taxable capital gain and any taxable income derived as a result of an amount being included in gross income in terms of paragraph (j) or (n) of the definition of \u2018gross income \u2018) that would have been determined in respect of any disposal of the asset in terms of an intra-group transaction within the period of six years preceding the date on which the transferee company ceases to form part of the group of companies, had subsection (2) not applied in respect of that disposal; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the taxable income (other than any taxable capital gain and any taxable income derived as a result of an amount being included in gross income in terms of paragraph (j) or (n) of the definition of \u2018gross income\u2019), that would be determined if the asset was disposed of on the date on which the transferee company ceases to form part of the group of companies for an amount equal to the market value of the asset on that date,<\/span><\/p>\n

<\/p>\n

must be included in the taxable income of the transferee company for the current year of assessment and the cost of the asset must be increased by that amount;<\/p>\n

<\/p>\n

(bA)\u00a0 Where a transferee company contemplated in paragraph (b) of the definition of \u2018intra-group transaction\u2019 which has acquired an asset that constitutes an equity share as contemplated in paragraph (a)-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 ceases within a period of six years after the acquisition-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0to form part of any group of companies (as defined in section 1) in relation to-<\/span><\/p>\n

<\/p>\n

(A) \u00a0 \u00a0the transferor company contemplated in paragraph (a)(i); or<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0any controlling group company of a group of companies (as defined in section 1) in relation to that transferor company; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 to be a controlled foreign company in relation to any resident that is part of any group of companies contemplated in item (aa);and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 has not disposed of that equity share at the time of so ceasing,<\/span><\/p>\n

<\/p>\n

an amount equal to the lesser of-<\/p>\n

<\/p>\n

(AA)\u00a0 the greatest capital gain that would have been determined in respect of any disposal of the equity share in terms of an intra-group transaction within the period of six years preceding the date on which the transferee company ceased to form part of the group of companies as contemplated in item (aa), had subsection (2) not applied in respect of that disposal; or<\/span><\/p>\n

<\/p>\n

(BB) \u00a0the capital gain that would be determined if the asset was disposed of on the date on which the transferee company ceases to form part of the group of companies as contemplated in item (aa) or on the date before the day the transferee company ceases to be a controlled foreign company as contemplated in item (bb) for an amount equal to the market value of the equity share on that date,<\/span><\/p>\n

[Sub\u00adparagraph (BB) substituted by section 42(c) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

must be deemed to be a capital gain of the transferee company for the year of assessment in which the transferee company ceased to form part of the group of companies as contemplated in item (aa) or on the date before the day the transferee company ceases to be a controlled foreign company as contemplated in item (bb) and applied to increase the base cost of the equity share.<\/p>\n

[Paragraph (bA) inserted by section 77(1)(n) of Act 22 of 2012 and amended by section 42(c) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 Where the transferor company or transferee company contemplated in paragraph (b) is liquidated, wound up or deregistered at a time when a company which is a resident (hereinafter referred to as the \u2018holding company\u2019) holds at least 70 per cent of the equity shares of that company which is liquidated, wound up or deregistered, the holding company and the company which is liquidated, wound up or deregistered must be deemed to be one and the same company for purposes of paragraph (b).<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 Where the transferor company or transferee company contemplated in paragraph (bA) is liquidated, wound up or deregistered at a time when a company (hereinafter referred to as the \u2018holding company ), which is a resident or a controlled foreign company in relation to any resident, holds at least 70 per cent of the equity shares of that company which is liquidated, wound up or deregistered, the holding company and the company which is liquidated, wound up or deregistered must be deemed to be one and the same company for purposes of paragraph (bA).<\/span><\/p>\n

<\/p>\n

(4A)\u00a0 Subsection 4(b) does not apply in respect of any asset disposed of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 prior to 21 February 2008, where that transferee company and that transferor company contemplated in that subsection cease to form part of a group of companies by reason of the coming into operation of section 52(1)(c) of the Revenue Laws Amendment Act, 2007 (Act No. 35 of 2007); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 on or after 1 January 2011, where that transferee company and that transferor company contemplated in that subsection cease to form part of a group of companies by reason of the coming into operation of section 6(1)(g) of the Taxation Laws Amendment Act, 2010.<\/span><\/p>\n

<\/p>\n

(4B)\u00a0\u00a0 A transferee company and a transferor company contemplated in subsection (4)(b) must for purposes of subsection (4) be deemed to have ceased to form part of any group of companies in relation to each other if a disposal contemplated in subsection (4) forms part of any transaction, operation or scheme in terms of which-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any consideration received or accrued in respect of that disposal; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 more than 10 per cent of any amount derived directly or indirectly from such consideration, has, within two years of that disposal, been disposed of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by that transferor company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 by any other company forming part of the same group of companies as the transferor company, to any person that does not form part of the same group of companies as the transferor company-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 for no consideration;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 for a consideration which does not reflect an arm\u2019s length price; or<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 by means of a distribution.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0Where a transferee company disposes of an asset, other than an asset contemplated in section 25BB<\/a>(5) or in terms of an involuntary disposal as contemplated in paragraph 65<\/a> of the Eighth Schedule<\/a> or a disposal that would have constituted an involuntary disposal as contemplated in that paragraph had that asset not been a financial instrument, within a period of 18 months after acquiring that asset in terms of an intra\u00adgroup transaction and\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that asset constitutes a capital asset in the hands of that transferee company-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 so much of any capital gain determined in respect of the disposal of that asset as does not exceed the amount that would have been determined had that asset been disposed of at the beginning of that period of 18 months for proceeds equal to the market value of that asset as at that date, may not be taken into account in determining any net capital gain or assessed capital loss of that transferee company but is subject to paragraph 10<\/a> of the Eighth Schedule<\/a> for purpose of determining an amount of taxable capital gain derived from that gain, which taxable capital gain may not be set off against any assessed loss or balance of assessed loss of that transferee company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 so much of any capital loss determined in respect of the disposal of that asset as does not exceed that amount that would have been determined had that asset been disposed of at the beginning of that period of 18 months for proceeds equal to the market value of that asset as at that date, must be disregarded in determining the aggregate capital gain or aggregate capital loss of that transferee company for purposes of the Eighth Schedule<\/a>: Provided that the amount of any capital loss so disregarded may be deducted from the amount of any capital gain determined in respect of the disposal during that year or any subsequent year of assessment of any other asset acquired by that transferee company from the transferor company in terms of an intra-group transaction; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that asset constitutes-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 trading stock in the hands of that transferee company, so much of the amount received or accrued in respect of the disposal of that trading stock as does not exceed the market value of that trading stock as at the beginning of that period of 18 months and so much of the amount taken into account in respect of that trading stock in terms of section 11(a)<\/a> or 22<\/a>(1) or (2) as is equal to the amount so taken into account in terms of subsection (2)(b): Povided that this subparagraph does not apply to any asset that constitutes trading stock that is regularly and continuously disposed of by that transferee company;<\/span> or<\/span><\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an allowance asset in the hands of that transferee company other than a transferee company that is a REIT or a controlled company, as defined in section 25BB<\/a>(1), so much of any allowance in respect of that asset that is recovered or recouped by or included in the income of that transferee company as a result of that disposal as does not exceed the amount that would have been recovered had that asset been disposed of at the beginning of that period of 18 months for an amount equal to the market value of that asset as at that date,<\/span><\/p>\n

[Subparagraph (ii) substituted by section 53 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

must be deemed to be attributable to a separate trade carried on by that transferee company, the taxable income or assessed loss from which trade may not be set off against any assessed loss or balance of assessed loss of that transferee company: Provided that no regard must be had to the provisions of this subsection if the provisions of subsection (4) have, subsequent to the acquisition of an asset by a transferee company from a transferor company in terms of an intra-group transaction in the manner contemplated in paragraph (a), been applied in respect of that asset: Provided further that no regard must be had to the provisions of this subsection in the instance that-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a capital gain is determined in respect of the disposal of an asset where a capital loss would have been determined had that asset been disposed of at the beginning of that period of 18\u00a0months; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a capital loss is determined in respect of the disposal of an asset where a capital gain would have been determined had that asset been disposed of at the beginning of that period of 18\u00a0months.<\/span><\/p>\n

[Subsection\u00a0(5)\u00a0amended by\u00a0section\u00a053(1)(c)\u00a0of\u00a0Act\u00a045 of 2003, by\u00a0section\u00a042(d)\u00a0and\u00a0(e)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and by\u00a0section\u00a026(1)(b)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of the disposal of any asset on or after that date]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 This section does not apply in respect of the disposal of an asset if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 all the receipts and accruals of the transferee company are exempt from tax in terms of section 10(1)(cA)<\/a>, (cN)<\/a>, (cO)<\/a>, (cP)<\/a>, (d)<\/a> or (t)<\/a>;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the asset was disposed of by the transferor company in exchange for equity shares issued by the transferee company;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the asset constitutes a share that is distributed by the transferor company to the transferee company;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the asset was disposed of by the transferor company to the transferee company in terms of a liquidation distribution referred to in section 47 regardless of whether or not an election has been made for the provisions of that section to apply and regardless of whether or not that transferee company acquired that asset as a capital asset or as trading stock;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 the asset constitutes a share in the transferee company; or<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 at the time of the disposal of the asset, the transferor company and the transferee company agree in writing that this section does not apply to that disposal.<\/span><\/p>\n","post_title":"Subsections 2, 3, 3A, 4, 4A, 4B, 5 and 6 of section 45 of ITA","collection_order":830,"collection":597,"post_modified":"2024-06-26 23:04:52","post_date":"2015-10-15 12:13:51"},{"ID":"1519","post_content":"

46. \u00a0 \u00a0Unbundling transactions<\/span> <\/strong><\/p>\n","post_title":"Section 46 (ITA) - Unbundling transactions","collection_order":831,"collection":597,"post_modified":"2020-03-06 11:09:21","post_date":"2015-10-15 12:13:51"},{"ID":"1521","post_content":"

(1) \u00a0 \u00a0 For the purposes of this section, \u2018unbundling transaction\u2019<\/strong> means any transaction-<\/span><\/p>\n

<\/p>\n

(a)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in terms of which the equity shares in a company (hereinafter referred to as the \u2018unbundled company\u2019), which is a resident that are held by a company (hereinafter referred to as the \u2018unbundling company\u2019) , which is a resident, are all distributed by that unbundling company to any shareholder of that unbundling company in accordance with the effective interest of the shareholders in the shares of that unbundling company, and if-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 all of the equity shares of the unbundled company are listed shares or will become listed shares within 12 months after that distribution;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 that shareholder to which that distribution is made by that unbundling company forms part of the same group of companies as that unbundling company; or<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 that distribution is made pursuant to an order in terms of the Competition Act, 1998 (Act No. 89 of 1998), made by the Competition Tribunal or the Competition Appeal Court;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 if the equity shares distributed as contemplated in subparagraph (i) constitute-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0where that unbundled company is a listed company immediately before that distribution-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 and no shareholder of the unbundled company other than the unbundling company holds the same number of equity shares as or more equity shares than the unbundling company of that unbundled company, more than 25 per cent of the equity shares of the unbundled company; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0and any shareholder of the unbundled company other than the unbundling company holds the same number of equity shares as or more equity shares than the unbundling company of that unbundled company, at least 35 per cent of the equity shares of that unbundled company; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 where that unbundled company is an unlisted company immediately before that distribution, more than 50 per cent of the equity shares of that unbundled company; or<\/span><\/p>\n

<\/p>\n

(b)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in terms of which all the equity shares in an unbundled company which is a foreign company that are held by an unbundling company which is a resident or a controlled foreign company are all distributed by that unbundling company to any shareholder of that unbundling company in accordance with the effective interest of that shareholder in the shares of that unbundling company \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 if that shareholder is a resident and that shareholder forms part of the same group of companies (as defined in section 1); or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 if that shareholder is not a resident and that shareholder is a controlled foreign company in relation to any resident that forms part of the same group of companies (as defined in section 1),<\/span><\/p>\n

<\/p>\n

as that unbundling company; and<\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section\u00a095(1)(b)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and amended by\u00a0section 37(1)(a)\u00a0of\u00a0Act 17 of 2023]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 if, immediately before the distribution of the equity shares of an unbundled company by an unbundling company to any shareholder of that unbundling company as contemplated in subparagraph (i)-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the unbundling company holds more than 50 per cent of the equity shares of the unbundled company; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 each of those equity shares of that unbundled company are held by the unbundling company as a capital asset.<\/span><\/p>\n","post_title":"\"Unbundling transaction\" definition of section 46 of ITA","collection_order":832,"collection":597,"post_modified":"2024-01-13 19:44:49","post_date":"2015-10-15 12:13:51"},{"ID":"1523","post_content":"

(2) \u00a0\u00a0\u00a0 Subject to subsection (7), where an unbundling company distributes shares in terms of an unbundling transaction, that unbundling company must disregard that distribution for purposes of determining its taxable income or assessed loss, or its net income as contemplated in section 9D<\/a>.<\/span><\/p>\n

[Subsection (2) substituted by section 54(1)(b) of Act 45 of 2003, by section 42(1)(d) of Act 31 of 2005 and by section 29(1) of Act 3 of 2008 and by section 34(1)(a) of Act 23 of 2020 deemed effective on 28 October, 2020 and applicable to unbundling transactions entered into on or after that date]<\/span><\/p>\n","post_title":"Subsection 2 of section 46","collection_order":833,"collection":597,"post_modified":"2022-02-05 21:33:04","post_date":"2015-10-15 12:13:51"},{"ID":"1526","post_content":"

(3)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 If a shareholder acquires equity shares (hereinafter referred to as \u2018unbundled shares\u2019) in terms of an unbundling transaction \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that shareholder must \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 allocate a portion of the expenditure and any market value attributable to the equity shares held in the unbundling company (hereinafter referred to as the \u2018unbundling shares\u2019) to the unbundled shares in accordance with subparagraph (v); and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 reduce the expenditure and market value attributable to the unbundling shares by the amount so allocated to the unbundled shares;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the unbundled shares must, other than for purposes of determining whether a share has been held for at least three years for the purposes of section 9C<\/a>(2), be deemed to have been acquired on the same date as the unbundling shares;<\/span><\/p>\n

[Subparagraph (ii) substituted by section 57 of Act 35 of 2007 and section 54 of Act 17 of 2017 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the unbundled shares must be deemed to have been acquired as \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 trading stock, if the unbundling shares were held as trading stock;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 capital assets, if the unbundling shares were held as capital assets;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 any expenditure allocated to the unbundled shares must be deemed to have been incurred on the date on which the expenditure was incurred in respect of the unbundling shares; and<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0the proportionate amount of the expenditure and market value to be allocated to the unbundled shares in terms of subparagraph (i)(aa) must be determined in accordance with the ratio that the market value of the unbundled shares, as at the end of the day after that distribution, bears to the sum of the market value, as at the end of that day, of the unbundling shares and of the unbundled shares: Provided that a shareholder that acquires unbundled shares in terms of an unbundling transaction shall, in addition to any expenditure allocated to unbundled shares in accordance with this subparagraph, be treated as having incurred an amount equal to any amount of tax payable by the unbundling company arising in respect of all equity shares to which this section does not apply as contemplated in subsection (7) the same ratio as the number of equity shares held by that shareholder in that unbundled company bears to the number of all the issued equity shares in that unbundled company immediately after that unbundling transaction.<\/span><\/span><\/p>\n

[Subparagraph\u00a0(v)\u00a0amended by\u00a0section 37(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of the allocation of expenditure to unbundled shares acquired on or after that date]<\/span><\/p>\n","post_title":"Subsection 3(a) of section 46","collection_order":834,"collection":597,"post_modified":"2024-01-13 19:47:15","post_date":"2015-10-15 12:13:51"},{"ID":"1528","post_content":"

(b)\u00a0\u00a0\u00a0\u00a0 For the purposes of this subsection \u2013<\/p>\n

\u00a0<\/p>\n

\u201cexpenditure\u201d\u00a0<\/strong>means in relation to unbundled shares acquired as\u2014<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0trading stock, the amount taken into account prior to the unbundling transaction in respect of the unbundling shares for the purposes of section 11(a)<\/a> or 22<\/a>(1) or (2);<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0capital assets, the expenditure incurred prior to the unbundling transaction in respect of the unbundling shares that is allowable in terms of paragraph 20<\/a> of the Eighth Schedule<\/a>;<\/span><\/span><\/p>\n

[Subparagraph\u00a0(ii)\u00a0substituted by\u00a0section 37(1)(c)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of the allocation of expenditure to unbundled shares acquired on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0. . . . . . <\/span><\/span><\/p>\n

[Subparagraph\u00a0(iii)\u00a0deleted by\u00a0section 37(1)(d)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of the allocation of expenditure to unbundled shares acquired on or after that date]<\/span><\/p>\n

[Definition of \u201cexpenditure\u201d substituted by\u00a0section\u00a027(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0with effect from 1\u00a0January, 2022 and applicable in respect of the allocation of expenditure to unbundled shares acquired on or after that date]\u00a0<\/span><\/p>\n","post_title":"\"Expenditure\" definition of section 46 of ITA","collection_order":835,"collection":597,"post_modified":"2024-01-13 19:51:07","post_date":"2015-04-19 09:19:51"},{"ID":"1532","post_content":"

\u2018market value\u2019<\/strong> in relation to unbundling shares acquired prior to the valuation date as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>, means any market value adopted or determined by the shareholder in respect of those shares within the period contemplated in paragraph 29<\/a>(4) of the Eighth Schedule<\/a>.<\/p>\n","post_title":"\"Market value\" definition of section 46 of ITA","collection_order":836,"collection":597,"post_modified":"2019-02-23 22:13:06","post_date":"2015-10-15 12:13:51"},{"ID":"1534","post_content":"

(3A)\u00a0 If shares are distributed in terms of an unbundling transaction, the contributed tax capital of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the unbundling company immediately after the distribution is deemed to be an amount which bears to the contributed tax capital of that company immediately before distribution the same ratio as the aggregate market value, immediately after the distribution, of the shares in that company bears to the aggregate market value of the shares immediately before distribution; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the unbundled company immediately after the distribution is deemed to be an amount equal to the sum of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an amount which bears to the contributed tax capital of the unbundling company immediately before the distribution the same ratio as the aggregate market value of the distributed shares before the distribution bears to the aggregate market value of the shares in the unbundling company immediately before the distribution; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an amount which bears to the contributed tax capital of the unbundled company immediately before the distribution the same ratio as the shares held in that company immediately before the distribution by persons other than the unbundling company bear to all shares held in that company immediately before the distribution.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where those shares are distributed by an unbundling company to a shareholder in terms of an unbundling transaction and that shareholder held the unbundling shares as a result of the exercise, by that shareholder, of a right contemplated in section 8A<\/a>, a portion of any gain made by that shareholder in the exercise of that right to acquire those unbundling shares must be included in the income of that shareholder \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the year of assessment during which that shareholder becomes entitled to dispose of those shares, which portion shall be an amount which bears to such gain the same ratio as that contemplated in subsection (3)(a); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the year of assessment during which that person becomes entitled to dispose of unbundling shares, which portion shall be calculated by reducing such gain by the amount which has been determined or is to be determined in terms of paragraph (a).<\/span><\/p>\n

<\/p>\n

(5) \u00a0\u00a0\u00a0\u00a0Subject to subsection (7), where shares are distributed by an unbundling company to a shareholder in terms of an unbundling transaction, the distribution by that unbundling company of the shares must be disregarded in determining any liability for dividends tax.<\/span><\/p>\n

[Subsection\u00a0(5)\u00a0substituted by\u00a0section 54(1)(g)\u00a0of\u00a0Act\u00a045 of 2003, by\u00a0section 42(1)(g)\u00a0of\u00a0Act 31 of 2005, by\u00a0section 71(1)(c)\u00a0of\u00a0Act\u00a024 of 2011, by\u00a0section 78(1)(b)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and by\u00a0section 34(1)(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 28\u00a0October, 2020 and applicable to unbundling transactions entered into on or after that date]<\/span><\/p>\n

<\/p>\n

(5A) \u00a0 Where shares are distributed by an unbundling company to a shareholder in terms of an unbundling transaction, paragraph 76B<\/a> of the Eighth Schedule<\/a> does not apply to that distribution.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

<\/p>\n

(6A)\u00a0\u00a0 This section does not apply in respect of an unbundling transaction where the unbundling company is a REIT or a controlled company as defined in section 25BB<\/a>(1).<\/span><\/p>\n

[Subsection (6A) added by section 58 of Act 43 of 2014, substituted by section 65 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(7)<\/span><\/p>\n

<\/p>\n

(a) \u00a0\u00a0\u00a0\u00a0In the case of an unbundling transaction contemplated in subsection (1)(a), this section does not apply in respect of any equity share that is distributed by an unbundling company to any shareholder that-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0is a disqualified person; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0holds at least 5 per cent of the equity shares in the unbundling company immediately before that unbundling transaction.<\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section 95(1)(h)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and by\u00a0section 34(1)(c)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 28\u00a0October, 2020 and applicable to unbundling transactions entered into on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 For the purposes of paragraph (a), a \u2018disqualified person\u2019 means-<\/span><\/p>\n

<\/p>\n

(i) \u00a0\u00a0\u00a0\u00a0 a person that is not a resident;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the government of the Republic in the national, provincial or local sphere, contemplated in section 10(1)(a)<\/a>;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 a public benefit organisation as defined in section 30<\/a> that has been approved by the Commissioner in terms of that section;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 a recreational club as defined in section 30A<\/a> that has been approved by the Commissioner in terms of that section;<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 a company or trust contemplated in section 37A<\/a>;<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 a fund contemplated in section 10(1)(d)<\/a>(i) or (ii); or<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0 a person contemplated in section 10(1)(cA)<\/a> or (t).<\/span><\/p>\n

<\/p>\n

(8) \u00a0 \u00a0 Where an unlisted unbundling company disposes of shares in an unlisted unbundled company in terms of an unbundling transaction to a shareholder and that unbundled company is a controlled group company in relation to that shareholder immediately before and after that disposal, the provisions of this section will not apply to that disposal if that shareholder and that unbundling company agree in writing that this section does not apply to that disposal.<\/span><\/p>\n","post_title":"Subsections 3A, 4, 5, 5A, 7 and 8 of section 46","collection_order":837,"collection":597,"post_modified":"2022-02-05 21:35:30","post_date":"2015-10-15 12:13:51"},{"ID":"1536","post_content":"

46A.\u00a0\u00a0Limitation of expenditure incurred in respect of shares held in an unbundling company<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0Notwithstanding any other provision of this Act, if a taxpayer acquires a share in an unbundled company from an unbundling company in terms of an unbundling transaction defined in section 46<\/a> and a share in that unbundling company was within a period of two years preceding the acquisition held by a person who was a connected person in relation to the taxpayer at any time during that period, and any amount received by or accrued to that person in respect of the disposal of the share at any time during that period would not have been subject to normal tax or would not have been taken into account for purposes of determining the net income, as defined in section 9D<\/a>, of that person, the expenditure incurred by the taxpayer in respect of any share held in that company as a result of that unbundling transaction shall not for purposes of this Act exceed an amount determined in accordance with subsection (2).<\/span><\/p>\n

[Subsection\u00a0(1)\u00a0substituted by\u00a0section\u00a028(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of the allocation of expenditure to unbundled shares acquired on or after that date]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The amount to be determined for purposes of subsection (1) is the sum of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the cost of the equity share to the connected person contemplated in subsection (1) that first held that share less the sum of all deductions that have been allowed in respect of the share to any connected person that held that share during that period;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amount contemplated in paragraph (n) of the definition of \u2018gross income\u2019 in section 1 that is required to be included in the income of any connected person that held that share during that period that arises as a result of the disposal of the share by any such person; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any capital gain of any connected person that held that share during that period that arises as a result of the disposal of the share by any such person.<\/span><\/p>\n","post_title":"Section 46A - Limitation of expenditure incurred in respect of shares held in an unbundling company","collection_order":838,"collection":597,"post_modified":"2023-01-22 21:28:41","post_date":"2015-10-15 12:13:51"},{"ID":"9701","post_content":"

47. \u00a0 \u00a0 Transactions relating to liquidation, winding-up and deregistration<\/strong><\/p>\n","post_title":"Section 47 (ITA) - Transactions relating to liquidation, winding-up and deregistration","collection_order":839,"collection":597,"post_modified":"2019-02-09 21:46:14","post_date":"2017-05-20 21:57:45"},{"ID":"1539","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2018liquidation distribution\u2019<\/strong> means any transaction-<\/span><\/p>\n

<\/p>\n

(a) \u00a0\u00a0\u00a0 in terms of which any company (hereinafter referred to as the \u2018liquidating company) which is a resident disposes of all of its assets (other than assets it elects to use to settle any debts incurred by it in the ordinary course of its trade) to its shareholders\u00a0 in anticipation of or in the course of the liquidation, winding up or deregistration of that company and other than assets required to satisfy any reasonably anticipated liabilities to any sphere of government of any country and costs of administration relating to the liquidation or winding up, but only to the extent to which those assets are so disposed of to another company (hereinafter referred to as the \u2018holding company\u2019) which is a resident and which on the date of that disposal forms part of the same group of companies as the liquidating company; or<\/span><\/p>\n

\u00a0[Paragraph (a) amended by section 37 of Act 32 of 2004, section 43 of Act 31 of 2005, section 37 of Act 8 of 2007, section 58 of Act 35 of 2007, section 53 of Act 60 of 2008, section 50 of Act 17 of 2009 and section 72 of Act 24 of 2011, substituted by section 79 of Act 22 of 2012 and section 59 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in terms of which a liquidating company which is a controlled foreign company in relation to any resident disposes of all of its assets (other than assets it elects to use to settle any debts incurred by it in the ordinary course of its trade) to its shareholders in anticipation of or in the course of the liquidation, winding up or deregistration of that company \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 to the extent that those assets are so disposed of to a holding company which-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa)\u00a0\u00a0\u00a0is a resident and which forms part of the same group of companies (as defined in section 1<\/a>) as the liquidating company immediately before that distribution; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 is a controlled foreign company in relation to any resident;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 if, immediately before that transaction, each of the shares held by the holding company in the liquidating company is held as a capital asset; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 if, immediately after that transaction, where that holding company is a controlled foreign company as contemplated in subparagraph (i)(bb), more than 50 per cent of the equity shares in the holding company are directly or indirectly held by a resident (whether alone or together with any other resident that forms part of the same group of companies as that resident).<\/span><\/p>\n","post_title":"\"Liquidation distribution\" definition of section 47 of ITA","collection_order":840,"collection":597,"post_modified":"2019-02-23 19:20:20","post_date":"2015-10-15 12:13:51"},{"ID":"1541","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Where a liquidating company disposes of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a capital asset in terms of a liquidation distribution to its holding company which acquires it as a capital asset-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that liquidating company must be deemed to have disposed of that asset for an amount equal to the base cost of that asset on the date of the disposal thereof; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that liquidating company and that holding company must, for purposes of determining any capital gain or capital loss in respect of a disposal of that asset by that holding company, be deemed to be one and the same person with respect to-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the date of acquisition of that asset by that liquidating company and the amount and date of incurral by that liquidating company of any expenditure in respect of that asset allowable in terms of paragraph 20<\/a> of the Eighth Schedule<\/a>; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any valuation of that asset effected by that liquidating company as contemplated in paragraph 29<\/a>(4) of the Eighth Schedule<\/a>; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an asset held by it as trading stock in terms of a liquidation distribution to its holding company which acquires it as trading stock-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that liquidating company must be deemed to have disposed of that asset for an amount equal to the amount taken into account by that liquidating company in respect of that asset in terms of section 11(a)<\/a> or 22<\/a>(1) or (2), and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that liquidating company and that holding company must, for purposes of determining any taxable income derived by that holding company from a trade carried on by it, be deemed to be one and the same person with respect to the date of acquisition of that asset by that liquidating company and the amount and date of incurral by that liquidating company of any cost or expenditure incurred in respect of that asset as contemplated in section 11(a)<\/a> or 22<\/a>(1) or (2).<\/span><\/p>\n

<\/p>\n

: Provided that in the case of a liquidation distribution contemplated in paragraph (b) of the definition of \u2018liquidation distribution\u2019, this subsection does not apply to any asset disposed of in terms of that liquidation distribution to a holding company which is a resident and which forms part of the same group of companies (as defined in section 1) as the liquidating company if that asset constitutes-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a capital asset acquired by the holding company as a capital asset and the base cost of that asset exceeds the market value of that asset at the time of that disposal; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 trading stock acquired by the holding company as trading stock and the amount taken into account in respect of that asset in terms of section 11(a) or 22(1) or (2) exceeds the market value of that asset at the time of that disposal.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where a liquidating company disposes of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0an asset that constitutes an allowance asset for that liquidating company to its holding company in terms of a liquidation distribution and that holding company acquires that asset as an allowance asset or that holding company is a REIT or a controlled company, as defined in\u00a0section 25BB<\/a>(1), that acquires that asset as a capital asset or allowance asset-<\/span><\/p>\n

[Words preceding subparagraph (i) substituted by section 58 of Act 23 of 2018 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 no allowance allowed to that liquidating company in respect of that asset must be recovered or recouped by that liquidating company or included in that liquidating company\u2019s income for the year of that transfer; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that liquidating company and that holding company must be deemed to be one and the same person for purposes of determining the amount of any allowance or deduction \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0to which that holding company may be entitled in respect of that asset; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0that is to be recovered or recouped by or included in the income of that holding company in respect of that asset; or<\/span><\/p>\n

[Item (bb) substituted by section 55 of Act 17 of 2017 and section 58 of Act 23 of 2018 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a contract to its holding company as part of a disposal of a business as a going concern in terms of a liquidation distribution and an allowance in terms of section 24<\/a> or 24C<\/a> was allowable to that liquidating company in respect of that contract for the year preceding that in which that contract is transferred or would have been allowable to that liquidating company for the year of that transfer had that contract not been so transferred-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 no allowance allowed to that liquidating company under those sections must be included in that liquidating company\u2019s income for the year of that transfer; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that liquidating company and that holding company must be deemed to be one and the same person for purposes of determining the amount of any allowance-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0to which that holding company may be entitled under those sections; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 that is to be included in the income of that holding company under those sections.<\/span><\/p>\n

[Paragraph (b) substituted by section 66 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(3A)\u00a0 The provisions of subsections (2) and (3) apply to a disposal of an asset by a liquidating company to its holding company in terms of a liquidation distribution only to the extent that \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 equity shares held by that holding company in that liquidating company are disposed of as a result of the liquidation, winding up or deregistration of that liquidating company; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that holding company has not assumed any debt of that liquidating company which was incurred by that liquidating company within a period of 18 months before that disposal, unless that debt \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 constitutes the refinancing of any debt incurred in more than 18 months before that disposal; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 is attributable to and arose in the normal course of a business undertaking disposed of, as a going concern, to that holding company as pan of that liquidation distribution.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where the holding company acquires any asset from the liquidating company in terms of a liquidation distribution and that holding company disposes of that asset within a period of 18 months after so acquiring that asset and-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0that asset, other than an asset contemplated in section 25BB<\/a>(5) constitutes a capital asset for that holding company-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 so much of any capital gain determined in respect of the disposal of that asset as does not exceed the amount that would have been determined had that asset been disposed of at the beginning of that period of 18 months for proceeds equal to the market value of that asset as at that date, may not be taken into account in determining any net capital gain or assessed capital loss of that holding company but is subject to paragraph 10<\/a> of the Eighth Schedule<\/a> for purpose of determining an amount of taxable capital gain derived from that gain, which taxable capital gain may not be set off against any assessed loss or balance of assessed loss of that holding company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 so much of any capital loss determined in respect of the disposal of that asset as does not exceed the amount that would have been determined had that asset been disposed of at the beginning of that period of 18 months for proceeds equal to the market value of that asset as at that date must be disregarded in determining the aggregate capital gain or aggregate capital loss of that holding company for purposes of the Eighth Schedule<\/a>: Provided that the amount of any capital loss so disregarded may be deducted from the amount of any capital gain determined in respect of the disposal during that year or any subsequent year of assessment of any other asset acquired by that holding company from the liquidating company in terms of that liquidation distribution; or<\/span><\/p>\n

[Paragraph (a)\u00a0amended by\u00a0section\u00a043\u00a0of\u00a0Act\u00a034 of 2019\u00a0and by\u00a0section\u00a029\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that asset constitutes-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 trading stock in the hands of that holding company, so much of the amount received or accrued in respect of the disposal of that trading stock as does not exceed the market value of that trading stock as at the beginning of that period of 18 months and so much of the amount taken into account in respect of that trading stock in terms of s<\/a>ection 11(a)<\/a> or 22<\/a>(1) or (2) as is equal to the amount so taken into account in terms of subsection (2)(b); or<\/span><\/p>\n

<\/p>\n

: Provided that this subparagraph does not apply to any asset that constitutes trading stock that is regularly and continuously disposed of by that holding company<\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an allowance asset in the hands of that holding company, so much of any allowance in respect of that asset that is recovered or recouped by or included in the income of that holding company, other than a holding company that is a REIT or a controlled company, as defined in section 25BB<\/a>(1), as a result of that disposal as does not exceed the amount that would have been recovered had that asset been disposed of at the beginning of that period of 18 months for an amount equal to the market value of that asset as at that date,<\/span><\/p>\n

[Subparagraph (ii) substituted by section 55 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

must be deemed to be attributable to a separate trade carried on by that holding company, the taxable income or assessed loss from which trade may not be set off against or added to any assessed loss or balance of assessed loss of that holding company.<\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a holding company disposes of any equity share in a liquidating company as a result of the liquidation, winding up or deregistration of that liquidating company; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in anticipation of or in the course of the liquidation, winding up or deregistration of a liquidating company, a return of capital by way of a distribution of cash or an asset in specie<\/em> by that company is received by or accrues to a holding company,<\/span><\/p>\n

<\/p>\n

the holding company must disregard that disposal or return of capital for purposes of determining its taxable income, assessed loss, aggregate capital gain or aggregate capital loss.<\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 The provisions of this section do not apply where \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the holding company is-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a public benefit organisation as defined in section 30<\/a> that has been approved by the Commissioner in terms of that section;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 a recreational club as defined in section 30A<\/a> that has been approved by the Commissioner in terms of that section; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 a person contemplated in section 10(1)(cA)<\/a>, (cP)<\/a>, (d)<\/a>, (e)<\/a> or (t)<\/a>;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the holding company and the liquidating company agree in writing that this section does not apply; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0 the liquidating company-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 has not, within a period of 36 months after the date of the liquidation distribution, or such further period as the Commissioner may allow, taken the steps contemplated in section 41<\/a>(4) to liquidate, wind up or deregister; or<\/span><\/p>\n

<\/p>\n

(ii) \u00a0 \u00a0 has at any stage withdrawn any step taken to liquidate, wind up or deregister that company, as contemplated in paragraph (i), or does anything to invalidate any step so taken, with the result that the company will not be liquidated, wound up or deregistered: <\/span><\/p>\n

<\/p>\n

Provided that any tax which becomes payable as a result of the application of this paragraph shall be recoverable from the holding company or, where the holding company is a controlled foreign company, from any resident who directly or indirectly holds any participation rights in that controlled foreign company as contemplated in section 9D<\/a>(2).<\/p>\n","post_title":"Subsections 2, 3, 3A, 4, 5 and 6 of section 47 of ITA","collection_order":841,"collection":597,"post_modified":"2023-01-22 21:28:59","post_date":"2015-10-15 12:13:51"},{"ID":"1543","post_content":"

PART IIIA<\/strong><\/p>\n

Taxation of foreign entertainers and sportspersons<\/strong><\/p>\n","post_title":"PART IIIA - Taxation of foreign entertainers and sportspersons (ITA)","collection_order":842,"collection":597,"post_modified":"2019-02-23 19:10:22","post_date":"2015-04-19 09:37:09"},{"ID":"1545","post_content":"

47A.\u00a0\u00a0\u00a0 Definitions<\/span><\/strong><\/p>\n","post_title":"Section 47A - Definitions","collection_order":843,"collection":597,"post_modified":"2017-01-14 21:21:57","post_date":"2015-10-15 12:13:51"},{"ID":"1547","post_content":"

For purposes of this Part \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2018entertainer or sportsperson\u2019<\/strong> includes any person who for reward \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 performs any activity as a theatre, motion picture, radio or television artiste or a musician;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 takes part in any type of sport; or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 takes part in any other activity which is usually regarded as of an entertainment character;<\/span><\/p>\n","post_title":"\"Entertainer or sportsperson\" definition of section 47A of ITA","collection_order":844,"collection":597,"post_modified":"2019-02-23 19:20:50","post_date":"2015-10-15 12:13:51"},{"ID":"1549","post_content":"

(b)\u00a0\u00a0\u00a0\u00a0 \u2018specified activity\u2019<\/strong> means any personal activity exercised in the Republic or to be exercised by a person as an entertainer or sportsperson. whether alone or with any other person or persons.<\/span><\/p>\n","post_title":"\"Specified activity\" definition of section 47A of ITA","collection_order":845,"collection":597,"post_modified":"2019-02-23 22:17:06","post_date":"2015-10-15 12:13:51"},{"ID":"1551","post_content":"

47B.\u00a0\u00a0\u00a0\u00a0 Imposition of tax<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to subsection (3), there must be levied and paid for the benefit of the National Revenue Fund a tax, to be known as the tax on foreign entertainers and sportspersons, in respect of any amount received by or accrued to any person who is not a resident (in this Part referred to as the \u2018taxpayer\u2019) in respect of any specified activity exercised or to be exercised by that person or any other person who is not a resident.<\/span><\/p>\n

<\/p>\n

(2)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The tax on foreign entertainers and sportspersons is a final tax and is levied-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 at a rate of 15 per cent; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 at such a rate as the Minister may announce in the national annual budget contemplated in section 27(1) of the Public Finance Management Act, with effect from a date mentioned in that Announcement,<\/span><\/p>\n

<\/p>\n

on all amounts received by or accrued to a taxpayer as contemplated in subsection (1).<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 If the Minister makes an announcement contemplated in paragraph (a)(ii), that rate comes into effect on the date determined by the Minister in that announcement and continues to apply for a period of 12 months from that date subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subsection (2) substituted by section 56 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Subsection (1) does not apply in respect of any person who is not a resident, if that person \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is an employee of an employer who is a resident; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is physically present in the Republic for a period or periods exceeding 183 full days in aggregate during any 12 month period commencing or ending during the year of assessment in which the specified activity is exercised.<\/span><\/p>\n","post_title":"Section 47B (ITA) - Imposition of tax","collection_order":846,"collection":597,"post_modified":"2019-06-19 11:18:05","post_date":"2015-10-15 12:13:51"},{"ID":"1553","post_content":"

47C.\u00a0\u00a0\u00a0 Liability for payment of tax<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A taxpayer must, within 30 days (or within such further period as the Commissioner may approve) after an amount contemplated in section 47B<\/a> is received by or accrues to that taxpayer, pay to the Commissioner the amount of tax which is leviable in terms of this Part in respect of that amount.<\/span><\/p>\n

\u00a0<\/p>\n

(2) \u00a0 \u00a0This section does not apply to any amounts received by or accrued to the taxpayer-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 from which the full amount of tax has been withheld by a resident in terms of section 47D<\/a>; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 which have been recovered from a resident who is personally liable for the amount in terms of section 47G<\/a>(1).<\/span><\/p>\n","post_title":"Section 47C (ITA) - Liability for payment of tax","collection_order":847,"collection":597,"post_modified":"2019-02-09 22:38:16","post_date":"2015-04-19 09:41:58"},{"ID":"1555","post_content":"

47D.\u00a0\u00a0\u00a0 Withholding of amounts of tax<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Any resident who is liable to pay to a taxpayer any amount contemplated in section 47B<\/a>(1) must deduct or withhold from that payment the amount of tax for which the taxpayer is liable under that section in respect of that amount.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A taxpayer from whom an amount has been deducted or withheld in terms of this section is deemed to have received the amount so deducted or withheld.<\/span><\/p>\n","post_title":"Section 47D - Withholding of amounts of tax","collection_order":848,"collection":597,"post_modified":"2017-01-14 21:21:58","post_date":"2015-10-15 12:13:51"},{"ID":"1557","post_content":"

47E.\u00a0\u00a0\u00a0\u00a0 Payment of amounts of tax deducted or withheld<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A resident must pay any amount deducted or withheld in terms of section 47D<\/a> to the Commissioner before the end of the month following the month during which that amount was so deducted or withheld.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The payment contemplated in subsection (1) is a payment made on behalf of the taxpayer in respect of his or her liability under section 47B<\/a>.<\/span><\/p>\n","post_title":"Section 47E - Payment of amounts of tax deducted or withheld","collection_order":849,"collection":597,"post_modified":"2017-05-25 13:39:11","post_date":"2015-10-15 12:13:51"},{"ID":"1559","post_content":"

47F.\u00a0\u00a0\u00a0\u00a0 Submission of return<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A taxpayer must, together with the payment contemplated in section 47C<\/a>(1), submit to the Commissioner a return.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A resident who pays to the Commissioner any amount in terms of section 47E<\/a>, must together with that payment submit to the Commissioner a return.<\/span><\/p>\n","post_title":"Section 47F - Submission of return","collection_order":850,"collection":597,"post_modified":"2017-05-25 13:39:30","post_date":"2015-10-15 12:13:51"},{"ID":"1562","post_content":"

47G.\u00a0\u00a0\u00a0 Personal liability of resident<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A resident who \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 fails to deduct or withhold an amount of tax in terms of section 47D<\/a> from any payment made to a taxpayer: or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 deducts or withholds an amount of tax but fails to pay that amount over in terms of section 47E<\/a>,<\/span><\/p>\n

<\/p>\n

is personally liable for payment of that amount of tax in accordance with Part A of Chapter 10<\/a> of the Tax Administration Act.<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Subsection (1)(a) does not apply where the taxpayer has in terms of section 47C<\/a>(1) paid to the Commissioner the amount of tax payable under this Part in respect of the payment from which the resident has so failed to deduct or withhold the tax.<\/span><\/p>\n


<\/span><\/p>\n

47H. \u00a0.\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/span><\/strong><\/p>\n


<\/span><\/strong><\/p>\n


<\/span><\/strong><\/p>\n

47I. \u00a0 . . . . . .<\/span><\/strong><\/p>\n

[Wording of section 47I prior to amendment by <\/strong>Act\u00a028 of 2011<\/strong> applicable to the extent it relates to interest]<\/strong><\/span><\/p>\n","post_title":"Section 47G (ITA) - Personal liability of resident","collection_order":851,"collection":597,"post_modified":"2021-02-10 18:29:43","post_date":"2015-10-15 12:13:51"},{"ID":"1564","post_content":"

47J.\u00a0\u00a0\u00a0\u00a0 Currency of payments made to Commissioner<\/span><\/strong><\/p>\n

<\/p>\n

If an amount deducted or withheld by a resident in terms of section 47D<\/a> is denominated in any currency other than the currency of the Republic, the amount so deducted or withheld and paid to the Commissioner must be translated to the currency of the Republic at the spot rate on the date on which that amount was so deducted or withheld.<\/p>\n","post_title":"Section 47J - Currency of payments made to Commissioner","collection_order":852,"collection":597,"post_modified":"2021-02-10 18:25:03","post_date":"2015-10-15 12:13:51"},{"ID":"1566","post_content":"

47K.\u00a0\u00a0\u00a0 Notification of specified activity<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Any resident who is primarily responsible for founding, organising, or facilitating a specified activity in the Republic and who will be rewarded directly or indirectly for that function of founding, organising or facilitating must, in the manner and form prescribed by the Commissioner \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 notify the Commissioner of that specified activity within 14 days after the agreement relating to that founding, organising or facilitating of that specified activity has been concluded; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 provide to the Commissioner such other details relating thereto as may be required by the Commissioner.<\/span><\/p>\n","post_title":"Section 47K (ITA) - Notifications of specified activity","collection_order":853,"collection":597,"post_modified":"2019-02-23 22:17:27","post_date":"2015-10-15 12:13:51"},{"ID":"1568","post_content":"

PART IV<\/b><\/p>\n

Turnover tax payable by micro businesses<\/b><\/font><\/p>\n","post_title":"PART IV - Turnover tax payable by micro-businesses (ITA)","collection_order":854,"collection":597,"post_modified":"2019-02-23 19:09:24","post_date":"2015-10-15 12:13:51"},{"ID":"1570","post_content":"

48. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

For purposes of this Part, unless the context otherwise indicates, any word or expression that has been defined in section 1<\/a> shall bear the meaning so defined and any word or expression that has been defined in the Sixth Schedule<\/a> shall bear the meaning so defined.<\/p>\n","post_title":"Section 48 (ITA) - Definitions","collection_order":855,"collection":597,"post_modified":"2019-02-23 19:26:26","post_date":"2015-10-15 12:13:51"},{"ID":"1572","post_content":"

48A.\u00a0\u00a0\u00a0 Imposition of tax<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

There must be levied and paid for the benefit of the National Revenue Fund a tax, to be known as the turnover tax, payable by a person that was a registered micro business during a year of assessment, in respect of its taxable turnover for that year of assessment.<\/p>\n","post_title":"Section 48A - Imposition of tax","collection_order":856,"collection":597,"post_modified":"2017-05-25 13:38:15","post_date":"2015-10-15 12:13:51"},{"ID":"1574","post_content":"

48B.\u00a0\u00a0\u00a0\u00a0 Rates<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The rates of tax chargeable in terms of section 48A<\/a> must be fixed annually by Parliament.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The rates fixed by Parliament in respect of any year of assessment continue to apply until the next such determination of rates and will be applied for the purposes of calculating the tax payable in respect of the taxable turnover of a registered micro business during the next succeeding year of assessment if, in the opinion of the Commissioner, the calculation and collection of the tax chargeable in respect of such taxable turnover cannot without the risk of loss of revenue be postponed until after the rates for that year have been determined.<\/span><\/p>\n","post_title":"Section 48B - Rates","collection_order":857,"collection":597,"post_modified":"2017-01-14 19:50:42","post_date":"2015-10-15 12:13:50"},{"ID":"1576","post_content":"

48C.\u00a0\u00a0\u00a0 Transitional Provisions<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where an amount-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 was received by a person during a year of assessment when it was a registered micro business;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 was included in that person\u2019s taxable turnover for that year of assessment; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 accrues to that person when it is no longer a registered micro business,<\/span><\/p>\n

<\/p>\n

that amount must not be taken into account as a receipt or accrual for purposes of determining the taxable income of that person.<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where an amount-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 accrued to a person when it was a registered micro business;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 would have been included in that person\u2019s taxable turnover had it been received on the date that it accrued; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 is received by that person when it is no longer a registered micro business,<\/span><\/p>\n

<\/p>\n

10 per cent of that amount must be included in the taxable income of that person for the year of assessment in which it is received.<\/p>\n

[Words following paragraph (c) to be substituted by section 67 of Act 25 of 2015 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where a registered micro business is deregistered, any trading stock held and not disposed of by it as at the date with effect from which it is deregistered shall, for purposes of the application of section 22<\/a>, be deemed to have been trading stock held and not disposed of by it at the beginning of the year of assessment within which that date falls.<\/span><\/p>\n

<\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Where in the course of a year of assessment a registered micro business is deregistered in terms of\u00a0paragraph 10<\/a>(2) of the Sixth Schedule<\/a> and a person becomes liable for payment of tax in terms of\u00a0section 5<\/a>\u00a0in respect of the taxable income of that deregistered micro business, that person is exempt from any penalties for underpayment of tax for which that person, solely as a result of becoming so liable in respect of that taxable income, would otherwise become liable under the\u00a0Fourth Schedule to this Act or\u00a0Chapter 15<\/a>\u00a0of the Tax Administration Act<\/a>.<\/span><\/p>\n

[Subsection (4) added by section 3 of Act 13 of 2017 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

49.\u00a0 <\/strong>\u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Section 48C - Transitional provisions","collection_order":858,"collection":597,"post_modified":"2020-05-27 19:46:14","post_date":"2015-10-15 12:13:50"},{"ID":"1578","post_content":"

PART IVA<\/strong><\/p>\n

\u00a0<\/strong>Withholding tax on royalties<\/strong><\/p>\n","post_title":"PART IVA - Withholding tax on royalties (ITA)","collection_order":859,"collection":597,"post_modified":"2019-02-23 19:09:37","post_date":"2015-10-15 12:13:50"},{"ID":"1581","post_content":"

49A.\u00a0\u00a0\u00a0 Definitions<\/span><\/strong><\/p>\n","post_title":"Section 49A - Definitions","collection_order":860,"collection":597,"post_modified":"2017-05-25 13:32:46","post_date":"2015-10-15 12:13:50"},{"ID":"1583","post_content":"

In this Part-<\/span><\/p>\n

\u00a0<\/p>\n

\u201cforeign person\u201d<\/strong> means any person that is not a resident;<\/p>\n","post_title":"\"Foreign person\" definition of section 49A of ITA","collection_order":861,"collection":597,"post_modified":"2019-02-23 19:27:09","post_date":"2015-10-15 12:13:50"},{"ID":"1585","post_content":"

\u201croyalty\u201d<\/strong> means any amount that is received or accrues in respect of-<\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 the use or right of use of or permission to use any intellectual property as defined in section 23I<\/a>; or<\/span><\/p>\n

\u00a0<\/p>\n

(b) \u00a0 \u00a0 the imparting of or the undertaking to impart any scientific, technical, industrial or commercial knowledge or information, or the rendering of or the undertaking to render any assistance or service in connection with the application or utilisation of such knowledge or information.<\/span><\/p>\n","post_title":"\"Royalty\" definition of section 49A of ITA","collection_order":862,"collection":597,"post_modified":"2019-02-23 19:27:16","post_date":"2015-10-15 12:13:50"},{"ID":"1587","post_content":"

49B.\u00a0\u00a0\u00a0\u00a0 Levy of withholding tax on royalties<\/span><\/strong><\/p>\n

<\/p>\n

(1)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 There must be levied for the benefit of the National Revenue Fund a tax, to be known as the withholding tax on royalties, calculated-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 at the rate of 15 per cent; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 at such rate as the Minister may announce in the national annual budget contemplated in section 27(1) of the Public Finance Management Act, with effect from a date mentioned in that Announcement,<\/span><\/p>\n

<\/p>\n

of the amount of any royalty that is paid by any person to or for the benefit of any foreign person to the extent that the amount is regarded as having been received by or accrued to that foreign person from a source within the Republic in terms of section 9(2)(c), (d), (e) or (f).<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 If the Minister makes an announcement contemplated in paragraph (a)(ii), that rate comes into effect on the date determined by the Minister in that announcement and continues to apply for a period of 12 months from that date subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subsection (1) substituted by section 97 of Act 31 of 2013 and section 57 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(2) \u00a0 \u00a0 For the purposes of this Part, a royalty is deemed to be paid on the earlier of the date on which the royalty is paid or becomes due and payable.<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 The withholding tax on royalties is a final tax.<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 Where a person making payment of a royalty to or for the benefit of a foreign person has withheld an amount as contemplated in section 49E<\/a>(1), that person must, for the purposes of this Part, be deemed to have paid the amount so withheld to that foreign person.<\/span><\/p>\n","post_title":"Section 49B (ITA) - Levy of withholding tax on royalties","collection_order":863,"collection":597,"post_modified":"2020-05-27 19:46:25","post_date":"2015-10-15 12:13:50"},{"ID":"1589","post_content":"

49C.\u00a0\u00a0\u00a0 Liability for tax<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 A foreign person to which a royalty is paid is liable for the withholding tax on royalties to the extent that the royalty is regarded as having been received by or accrued to that foreign person from a source within the Republic in terms of section 9<\/a>(2)(c), (d), (e) or (f).<\/span><\/p>\n

\u00a0<\/p>\n

(2) \u00a0 \u00a0 Any amount of withholding tax on royalties that is-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 withheld as contemplated in section 49E<\/a>(1); and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 paid as contemplated in section 49F<\/a>(1),<\/span><\/p>\n


<\/span><\/p>\n

is a payment made on behalf of the foreign person to which the royalty is paid in respect of that foreign person\u2019s liability under subsection (1).<\/p>\n","post_title":"Section 49C (ITA) - Liability for tax","collection_order":864,"collection":597,"post_modified":"2022-02-05 21:51:37","post_date":"2015-10-15 12:13:50"},{"ID":"1591","post_content":"

49D.\u00a0\u00a0\u00a0 <\/strong>Exemption from withholding tax on royalties<\/strong><\/span><\/p>\n

\u00a0<\/p>\n

A foreign person is exempt from the withholding tax on royalties if-<\/p>\n

[Words preceding paragraph (a) substituted by section 68 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that foreign person is a natural person who was physically present in the Republic for a period exceeding 183 days in aggregate during the twelve-month period preceding the date on which the royalty is paid; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the property in respect of which that royalty is paid is effectively connected with a permanent establishment of that foreign person in the Republic if that foreign person is registered as a taxpayer in terms of Chapter 3<\/a> of the Tax Administration Act<\/a>;<\/span><\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a068(b)\u00a0of\u00a0Act\u00a025 of 2015\u00a0and by\u00a0section\u00a038(1)(a)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect 1\u00a0March, 2024 and applicable in respect of royalties that are received by or accrues to a trust that is resident on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0that royalty is paid by a headquarter company in respect of the granting of the use or right of use of or permission to use intellectual property as defined in section 23I<\/a> to which section 31<\/a> does not apply as a result of the exclusions contained in section 31<\/a>(5)(c) or (d); or<\/span><\/span><\/p>\n

[Paragraph (c)\u00a0substituted by\u00a0section\u00a038(1)(b)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect 1\u00a0March, 2024 and applicable in respect of royalties that are received by or accrues to a trust that is resident on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0that royalty is received by or accrued to a trust that is a resident and is then paid to a beneficiary of that trust as a distribution by that trust.<\/span><\/span><\/p>\n

[Paragraph (d)\u00a0added by\u00a0section\u00a038(1)(c)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect 1\u00a0March, 2024 and applicable in respect of royalties that are received by or accrues to a trust that is resident on or after that date]<\/span><\/p>\n

[Section 49D inserted by section 80 of Act 22 of 2012, substituted by section 60 of Act 43 of 2014 effective on 1 July 2013]<\/span><\/p>\n","post_title":"Section 49D (ITA) - Exemption from withholding tax on royalties","collection_order":865,"collection":597,"post_modified":"2024-03-06 20:44:44","post_date":"2015-10-15 12:13:50"},{"ID":"1593","post_content":"

49E.\u00a0\u00a0\u00a0\u00a0 Withholding of withholding tax on royalties by payers of royalties<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to subsections (2) and (3), any person making payment of any amount of royalties to or for the benefit of a foreign person must withhold an amount of withholding tax on royalties from that payment.<\/span><\/p>\n

[Subsection (1) substituted by section 61 of Act 43 of 2014 effective on 1 July 2013]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A person must not withhold any amount from any payment contemplated in subsection (1) \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to the extent that the royalty is exempt from the withholding tax on royalties in terms of section 49D<\/a>(c); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0if the foreign person to or for the benefit of which that payment is to be made has, before the royalty is paid, submitted to the person making the payment\u2014<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a declaration in such form as may be prescribed by the Commissioner that the foreign person is, in terms of section 49D\ufeff<\/a>(a) or (b) or an agreement for the avoidance of double taxation, exempt from the withholding tax on royalties in respect of that payment; and<\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section\u00a030(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of royalties paid on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a written undertaking in such form as may be prescribed by the Commissioner to forthwith inform the person making the payment in writing, should the circumstances affecting the exemption referred to in subparagraph (i) change or should the payment of the royalty no longer be for the benefit of that foreign person.<\/span><\/p>\n

[Paragraph (b) substituted by section 69 of Act 25 of 2015 and by section 3(1)(a) of Act 33 of 2019]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The rate referred to in section 49B<\/a>(1) must, for the purposes of that subsection, be reduced if the foreign person to or for the benefit of which the payment contemplated in that subsection is to be made has, before the royalty is paid, submitted to the person making the payment-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a declaration in such form as may be prescribed by the Commissioner that the royalty is subject to that reduced rate of tax as a result of the application of an agreement for the avoidance of double taxation\u037e and<\/span><\/p>\n

<\/p>\n

(b) \u00a0\u00a0\u00a0\u00a0a written undertaking in such form as may be prescribed by the Commissioner to forthwith inform the person making the payment in writing, should the circumstances affecting the application of the agreement referred to in paragraph (a) change or should the payment of the royalty no longer be for the benefit of that foreign person.<\/span><\/p>\n

[Sub\u00adsection (3) substituted by section 3(1)(b) of Act 33 of 2019]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0A declaration and written undertaking submitted in terms of subsection (2)(b<\/em>)\u00a0or\u00a0(3)\u00a0are no longer valid after a period of five years from the date of the declaration.<\/span><\/p>\n

[Subsection\u00a0(4)\u00a0added by\u00a0section 3(1)(c<\/em>)\u00a0of\u00a0Act\u00a033 of 2019\u00a0effective on 1\u00a0July, 2020]<\/span><\/p>\n","post_title":"Section 49E - Withholding of withholding tax on royalties by payers of royalties","collection_order":866,"collection":597,"post_modified":"2023-01-22 21:29:21","post_date":"2015-10-15 12:13:50"},{"ID":"1595","post_content":"

49F.\u00a0\u00a0\u00a0\u00a0 Payment and recovery of tax<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0If, in terms of section 49C<\/a>, a foreign person is liable for any amount of withholding tax on royalties in respect of any amount of royalties that is paid to or for the benefit of the foreign person, that foreign person must pay that amount of withholding tax and submit a return by the last day of the month following the month during which the royalty is paid, unless the tax has been paid by any other person.<\/span><\/p>\n

[Subsection (1)\u00a0substituted by\u00a0section\u00a062(1)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and by\u00a0section\u00a03\u00a0of\u00a0Act\u00a021 of 2021]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Any person that withholds any withholding tax on royalties in terms of section 49E<\/a> must submit a return and pay the tax to the Commissioner by the last day of the month following the month during which the royalty is paid.<\/span><\/p>\n

[Subsection (2) substituted by section 62 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n","post_title":"Section 49F - Payment and recovery of tax","collection_order":867,"collection":597,"post_modified":"2023-01-22 21:29:30","post_date":"2015-10-15 12:13:50"},{"ID":"1597","post_content":"

49G.\u00a0\u00a0\u00a0 Refund of withholding tax on royalties<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0Notwithstanding\u00a0 Chapter 13 of the Tax Administration Act, if-<\/span><\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 an amount is withheld from a payment of a royalty as contemplated in section 49E<\/a>(1);<\/span><\/p>\n

\u00a0<\/p>\n

(b) \u00a0 \u00a0 a declaration contemplated in section 49E<\/a>(2) or (3) in respect of that royalty is not submitted to the person paying that royalty by the date of the payment of that royalty; and<\/span><\/p>\n

\u00a0<\/p>\n

(c) \u00a0 \u00a0 a declaration contemplated in section 49E<\/a>(2) or (3) is submitted to the Commissioner within three years after the payment of the royalty in respect of which the declaration is made,<\/span><\/p>\n

\u00a0<\/p>\n

so much of that amount as would not have been withheld had that declaration been submitted by the date contemplated in the relevant subsection is refundable by the Commissioner to the person to which the royalty was paid.<\/p>\n

[Subsection (1) inserted by\u00a0section 12(1)\u00a0of\u00a0Act\u00a021 of 2012\u00a0and renumbered by\u00a0section 5\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

\u00a0<\/p>\n

(2) \u00a0\u00a0\u00a0\u00a0Notwithstanding Chapter 13 of the Tax Administration Act, if\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0an amount of withholding tax on royalties is paid as contemplated in section 49E<\/a>(1) in respect of an amount of royalties that became due and payable; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of royalties subsequently becomes irrecoverable,<\/span><\/p>\n

\u00a0<\/p>\n

so much of that amount as would not have been paid had the royalties not become due and payable is refundable by the Commissioner to the person who paid the tax.<\/p>\n

[Subsection\u00a0(2)\u00a0added by\u00a0section 5\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n","post_title":"Section 49G - Refund of withholding tax on royalties","collection_order":868,"collection":597,"post_modified":"2022-02-05 21:53:26","post_date":"2015-10-15 12:13:50"},{"ID":"11195","post_content":"

49H.\u00a0\u00a0\u00a0 Currency of payments made to Commissioner<\/strong><\/p>\n

<\/p>\n

If an amount withheld by a person in terms of section 49E<\/a>(1) is denominated in any currency other than the currency of the Republic, the amount so withheld must, for the purposes of determining the amount to be paid to the Commissioner in terms of section 49F<\/a>(2), be translated to the currency of the Republic at the spot rate on the date on which the amount was so withheld.<\/p>\n

[Section 49H inserted by section 63 of Act 43 of 2014 effective on 1 July 2013]<\/span><\/p>\n","post_title":"Section 49H (ITA) - Currency of payments made to Commissioner","collection_order":869,"collection":597,"post_modified":"2019-02-04 22:13:37","post_date":"2017-06-15 08:14:41"},{"ID":"11199","post_content":"

PART IVB<\/strong><\/p>\n

Withholding tax on interest<\/strong><\/p>\n","post_title":"PART IVB - Withholding tax on interest (ITA)","collection_order":870,"collection":597,"post_modified":"2019-02-23 19:04:20","post_date":"2017-06-15 08:22:30"},{"ID":"11201","post_content":"

50A.\u00a0\u00a0\u00a0 Definitions<\/span><\/strong><\/p>\n

<\/p>\n

In this Part-<\/span><\/p>\n","post_title":"Section 50A (ITA) - Definitions","collection_order":871,"collection":597,"post_modified":"2022-02-05 21:55:59","post_date":"2017-06-15 08:29:16"},{"ID":"11203","post_content":"

\u2018bank\u2019<\/strong> means any-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any bank or branch as defined in section 1 of the Banks Act respectively;<\/span><\/p>\n

[Paragraph (a) substituted by section 64 of Act 43 of 2014 effective on 1 March 2015 \u2013 comes into operation in terms of section 64 of Act 43 of 2014 as substituted by section 153 of Act 25 of 2015]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 mutual bank as defined in section 1 of the Mutual Banks Act, 1993 (Act No. 124 of 1993); or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 co-operative bank as defined in section 1 of the Co-operative Banks Act, 2007 (Act No. 40 of 2007);<\/span><\/p>\n","post_title":"\"Bank\" definition of section 50A of ITA","collection_order":872,"collection":597,"post_modified":"2022-02-12 19:30:45","post_date":"2017-06-15 08:31:52"},{"ID":"11205","post_content":"

\u2018Development Bank of Southern Africa\u2019<\/strong> means the Development Bank of Southern Africa Limited, incorporated in terms of the Development Bank of Southern Africa Act, 1997 (Act No. 13 of 1997);<\/p>\n","post_title":"\"Development Bank of Southern Africa\" definition of section 50A of ITA","collection_order":873,"collection":597,"post_modified":"2022-02-12 19:30:55","post_date":"2017-06-15 08:32:50"},{"ID":"11207","post_content":"

\u2018foreign person\u2019<\/strong> means any person that is not a resident;<\/p>\n","post_title":"\"Foreign person\" definition of section 50A of ITA","collection_order":874,"collection":597,"post_modified":"2022-02-12 19:31:00","post_date":"2017-06-15 08:33:23"},{"ID":"11209","post_content":"

\u2018Industrial Development Corporation\u2019<\/strong> means the Industrial Development Corporation of South Africa Limited, registered in terms of the Industrial Development Corporation Act, 1940 (Act No. 22 of 1940);<\/p>\n","post_title":"\"Industrial Development Corporation\" definition of section 50A of ITA","collection_order":875,"collection":597,"post_modified":"2022-02-12 19:31:06","post_date":"2017-06-15 08:34:20"},{"ID":"11211","post_content":"

\u201cinterest\u201d\u00a0<\/strong>means interest as contemplated in paragraph (a) or (b) of the definition of \u201cinterest\u201d in section 24J<\/a>(1), but does not include an amount of interest that is deemed to be a dividend in specie in terms of section 8F<\/a>(2) or 8FA<\/a>(2);<\/p>\n

[Definition of \u201cinterest\u201d inserted by\u00a0section\u00a070(1)\u00a0of\u00a0Act\u00a025 of 2015\u00a0and substituted by\u00a0section\u00a031(1)(b)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of amounts paid on or after that date]<\/span><\/p>\n","post_title":"\"Interest\" definition of section 50A of ITA","collection_order":876,"collection":597,"post_modified":"2023-01-22 21:29:45","post_date":"2017-06-15 08:35:03"},{"ID":"11214","post_content":"

\u2018listed debt\u2019<\/strong> means any debt that is listed on a recognised exchange as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>.<\/p>\n

[Section\u00a050A\u00a0inserted by\u00a0section\u00a098(1)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and amended by\u00a0section\u00a031(1)(a)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n","post_title":"\"Listed debt\" definition of section 50A of ITA","collection_order":877,"collection":597,"post_modified":"2022-02-12 19:31:20","post_date":"2017-06-15 08:37:05"},{"ID":"11217","post_content":"

50B.\u00a0\u00a0\u00a0 Levy of withholding tax on interest<\/span><\/strong><\/p>\n

<\/p>\n

(1)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 There must be levied for the benefit of the National Revenue Fund a tax, to be known as the withholding tax on interest, calculated-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 at the rate of 15 per cent; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 at such rate as the Minister may announce in the national annual budget contemplated in section 27(1) of the Public Finance Management Act, with effect from a date mentioned in that Announcement,<\/span><\/p>\n

<\/p>\n

of the amount of any interest that is paid by any person to or for the benefit of any foreign person to the extent that the amount is regarded as having been received by or accrued to that foreign person from a source within the Republic in terms of section 9(2)(b).<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 If the Minister makes an announcement contemplated in paragraph (a)(ii), that rate comes into effect on the date determined by the Minister in that announcement and continues to apply for a period of 12 months from that date subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subsection (1) substituted by section 58 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this Part, interest is deemed to be paid on the earlier of the date on which the interest is paid or becomes due and payable.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The withholding tax on interest is a final tax.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where a person making payment of any amount of interest to or for the benefit of a foreign person has withheld an amount as contemplated in section 50E<\/a>(1), that person must, for the purposes of this Part, be deemed to have paid the amount so withheld to that foreign person.<\/span><\/p>\n","post_title":"Section 50B (ITA) - Levy of withholding tax on interest","collection_order":878,"collection":597,"post_modified":"2020-03-07 20:00:09","post_date":"2017-06-15 08:40:15"},{"ID":"11219","post_content":"

50C.\u00a0\u00a0\u00a0 Liability for tax<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0A foreign person to which an amount of interest is paid is liable for the withholding tax on interest to the extent that the interest is regarded as having been received by or accrued to that foreign person from a source within the Republic in terms of section 9<\/a>(2)(b).<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0Where any amount of withholding tax on interest is \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 withheld as contemplated in section 50E<\/a>(1); and<\/span><\/p>\n

\n<\/p>

(b)\u00a0\u00a0\u00a0\u00a0 paid as contemplated in section 50F<\/a>(2),<\/span><\/p>\n

\n<\/p>

that amount of withholding tax on interest must be regarded as an amount that is paid in respect of that foreign person\u2019s liability under subsection (1).<\/p>\n","post_title":"Section 50C (ITA) - Liability for tax","collection_order":879,"collection":597,"post_modified":"2019-02-04 22:09:52","post_date":"2017-06-15 08:41:14"},{"ID":"11221","post_content":"

50D.\u00a0\u00a0\u00a0 Exemption from withholding tax on interest<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to subsection (2), there must be exempt from the withholding tax on interest any amount of interest \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if that amount of interest is paid to any foreign person \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0the government of the Republic in the national, provincial or local sphere;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 any bank, the South African Reserve Bank, the Development Bank of Southern Africa or the Industrial Development Corporation; or<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0 a headquarter company in respect of the granting of financial assistance as defined in section 31<\/a>(1) to which section 31 does not apply as a result of the exclusion contained in section 31(5)(a);or<\/span><\/p>\n

[Item (cc) substituted by section 71 of Act 25 of 2015 effective on 1 March 2015]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in respect of any listed debt;<\/span><\/p>\n

[Item (ii) amended by section 71 of Act 25 of 2015 effective on 1 March 2015]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0payable as contemplated in\u00a0section 21<\/a>(6) of the Financial Markets Act to any foreign person that is a client as defined in\u00a0section 1<\/a>\u00a0of that Act;<\/span><\/p>\n

[Paragraph (b) amended by section 71 of Act 25 of 2015 and section 56 of Act 15 of 2016 effective on 1 March 2015, applies in respect of interest that is paid or becomes due and payable on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0paid to a foreign person in respect of a debt owed by another foreign person unless-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the other foreign person is a natural person who was physically present in the Republic for a period exceeding 183 days in aggregate during the twelve month period preceding the date on which the interest is paid; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the debt claim in respect of which that interest is paid is effectively connected with a permanent establishment of that other foreign person in the Republic if that other foreign person is registered as a taxpayer in terms of\u00a0Chapter 3<\/a>\u00a0of the Tax Administration Act;<\/span><\/p>\n

[Subparagraph (ii) amended by section 59 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

[Paragraph (c) added by section 71 of Act 25 of 2015 and amended by section 56 of Act 15 of 2016 effective on 1 March 2015, applies in respect of interest that is paid or becomes due and payable on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0if that amount of interest is paid to-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the African Development Bank established on 10 September 1964;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the World Bank established on 27 December 1945 including the International Bank for Reconstruction and Development and International Development Association;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0the International Monetary Fund established on 27 December 1945;<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0the African Import and Export Bank established on 8 May 1993;<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0the European Investment Bank established on 1 January 1958 under the Treaty of Rome; or<\/span><\/p>\n

\u00a0<\/p>\n

(vi)\u00a0\u00a0\u00a0\u00a0\u00a0the New Development Bank established on 15 July 2014;<\/span><\/span><\/p>\n

[Subparagraph (vi)\u00a0substituted by\u00a0section\u00a039(1)(a)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect 1\u00a0March, 2024 and applicable in respect of interest that is received by or accrues to a trust that is resident on or after that date]<\/span><\/p>\n

[Paragraph (d) added by section 56 of Act 15 of 2016 effective on 1 March 2015, applies in respect of interest that is paid or becomes due and payable on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0included in the income of a resident as is attributable to a donation, settlement or other disposition made by a resident as contemplated in section 7<\/a>(8)(a); or<\/span><\/span><\/p>\n

[Paragraph (e)\u00a0added by\u00a0section\u00a059\u00a0of\u00a0Act 23 of 2018\u00a0and substituted by\u00a0section\u00a039(1)(b)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect 1\u00a0March, 2024 and applicable in respect of interest that is received by or accrues to a trust that is resident on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that is received by or accrued to a trust that is a resident and is then paid to a beneficiary of that trust as a distribution by that trust.<\/span><\/span><\/p>\n

[Paragraph (f)\u00a0added by\u00a0section\u00a039(1)(c)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect 1\u00a0March, 2024 and applicable in respect of interest that is received by or accrues to a trust that is resident on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Interest paid to a foreign person in respect of any amount advanced by the foreign person to a bank is not exempt from the withholding tax on interest if the amount is advanced in the course of any arrangement, transaction, operation or scheme to which the foreign person and any other person are parties and in terms of which the bank advances any amount to that other person on the strength of the amount advanced by the foreign person to the bank.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A foreign person is exempt from the withholding tax on interest if-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that foreign person is a natural person who was physically present in the Republic for a period exceeding 183 days in aggregate during the twelve-month period preceding the date on which the interest is paid; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the debt claim in respect of which that interest is paid is effectively connected with a permanent establishment of that foreign person in the Republic if that foreign person is registered as a taxpayer in terms of Chapter 3<\/a> of the Tax Administration Act<\/a>.<\/span><\/p>\n","post_title":"Section 50D (ITA) - Exemption from withholding tax on interest","collection_order":880,"collection":597,"post_modified":"2024-03-06 20:50:19","post_date":"2017-06-15 08:42:17"},{"ID":"11223","post_content":"

50E.\u00a0\u00a0\u00a0 Withholding of withholding tax on interest by payers of interest<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to subsections (2) and (3), any person who makes payment of any amount of interest to or for the benefit of a foreign person must withhold an amount of withholding tax on interest calculated at the rate contemplated in section 50B<\/a>(1) from that payment.<\/span><\/p>\n

[Subsection (1) substituted by section 65 of Act 43 of 2014 effective on 1 March 2015 \u2013 comes into operation in terms of section 65 of Act 43 of 2014, substituted by section 154 of Act 25 of 2015)]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0A person must not withhold any amount from any payment contemplated in subsection (1) \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to the extent that the interest is exempt from the withholding tax on interest in terms of section 50D<\/a>(1); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0if the foreign person to or for the benefit of which that payment is to be made has, before the interest is paid, submitted to the person making the payment-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a declaration in such form as may be prescribed by the Commissioner that the foreign person is, in terms of section 50D<\/a>(3) or an agreement for the avoidance of double taxation, exempt from the withholding tax on interest in respect of that payment\u037e and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a written undertaking in such form as may be prescribed by the Commissioner to forthwith inform the person making the payment in writing, should the circumstances affecting the exemption referred to in subparagraph (i) change or should the payment of the interest no longer be for the benefit of that foreign person.<\/span><\/p>\n

[Paragraph (b) amended by section 57 of Act 15 of 2016 and substituted by section 4(1)(a) of Act 33 of 2019]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The rate referred to in subsection (1) must, for the purposes of that subsection, be reduced if the foreign person to or for the benefit of which the payment contemplated in that subsection is to be made has, before the interest is paid, submitted to the person making the payment-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a declaration in such form as may be prescribed by the Commissioner that the interest is subject to that reduced rate of tax as a result of the application of an agreement for the avoidance of double taxation\u037e and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a written undertaking in such form as may be prescribed by the Commissioner to forthwith inform the person making the payment in writing, should the circumstances affecting the application of the agreement referred to in paragraph (a) change or should the payment of the interest no longer be for the benefit of that foreign person.<\/span><\/p>\n

[Subsection (3) amended by section 57 of Act 15 of 2016 and substituted by section 4(1)(b) of Act 33 of 2019]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0A declaration and written undertaking submitted in terms of subsection (2)(b<\/em>) or (3) are no longer valid after a period of five years from the date of the declaration, unless the person making the payment is subject to the provisions of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the Financial Intelligence Centre Act, 2001 (Act 38 of 2001);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the Agreement Between the Government of the Republic of South Africa and the Government of the United States of America to improve International Tax Compliance and to Implement the US Foreign Account Tax Compliance Act; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the regulations for purposes of paragraph (a<\/em>)\u00a0of the definition of \u201cinternational tax standard\u201d in\u00a0section 1<\/a>\u00a0of the Tax Administration Act<\/a>,<\/span><\/p>\n

<\/p>\n

with regard to the foreign person to or for the benefit of which the payment is to be made and takes account of these provisions in monitoring the continued validity of the declaration.<\/p>\n

[Subsection\u00a0(4)\u00a0added by\u00a0section 4(1)(c<\/em>)\u00a0of\u00a0Act\u00a033 of 2019\u00a0effective on 1\u00a0July, 2020]<\/span><\/p>\n","post_title":"Section 50E (ITA) - Withholding of withholding tax on interest by payers of interest","collection_order":881,"collection":597,"post_modified":"2021-02-10 09:25:47","post_date":"2017-06-15 08:43:33"},{"ID":"11225","post_content":"

50F.\u00a0\u00a0\u00a0\u00a0 Payment and recovery of tax<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0If, in terms of\u00a0section 50C<\/a>, a foreign person is liable for any amount of withholding tax on interest in respect of any amount of interest that is paid to or for the benefit of the foreign person, that foreign person must pay that amount of withholding tax and submit a return by the last day of\u00a0\u00a0the month following the month during which the interest is paid, unless the tax has been paid by any other person.<\/span><\/p>\n

[Subsection (1) substituted by section 58 of Act 15 of 2016 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Any person that withholds any withholding tax on interest in terms of section 50E<\/a> must submit a return and pay the tax to the Commissioner by the last day of the month following the month during which the interest is paid.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0Any person that pays withholding tax on interest in terms of\u00a0section 50E<\/a>\u00a0in respect of interest due and payable but not actually paid, must submit a return by the last day of the month following the month during which the interest became due and payable.<\/span><\/p>\n

[Subsection (3) added by section 58 of Act 15 of 2016 effective on 1 March 2015]<\/span><\/span><\/p>\n","post_title":"Section 50F (ITA) - Payment and recovery of tax","collection_order":882,"collection":597,"post_modified":"2019-02-04 22:09:15","post_date":"2017-06-15 08:44:13"},{"ID":"11227","post_content":"

50G.\u00a0\u00a0\u00a0 Refund of withholding tax on interest<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Notwithstanding\u00a0Chapter 13<\/a>\u00a0of the Tax Administration Act<\/a>, if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an amount is withheld from a payment of an amount of interest as contemplated in\u00a0section 50E<\/a>(1);<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a declaration contemplated in\u00a0section 50E<\/a>(2)(b) or (3) in respect of that interest is not submitted to the person paying that interest by the date of the payment of that interest; and<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a declaration contemplated in\u00a0section 50E<\/a>(2)(b) or (3) is submitted to the Commissioner within three years after the payment of the interest in respect of which the declaration is made,<\/span><\/p>\n


<\/span><\/p>\n

so much of that amount as would not have been withheld had that declaration been submitted by the date contemplated in the relevant subsection is refundable by the Commissioner to the person to which the interest was paid.<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Notwithstanding\u00a0Chapter 13<\/a>\u00a0of the Tax Administration Act<\/a>, if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0an amount of withholding tax on interest is paid as contemplated in\u00a0section 50E<\/a>(1) in respect of an amount of interest that became due and payable; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of interest subsequently becomes irrecoverable, so much of that amount as would not have been paid had the interest not become due and payable is refundable by the Commissioner to the person who paid the tax.<\/span><\/p>\n

[Section 50G substituted by section 59 of Act 15 of 2016 effective on 1 March 2015]<\/span><\/p>\n","post_title":"Section 50G (ITA) - Refund of withholding tax on interest","collection_order":883,"collection":597,"post_modified":"2019-02-04 22:09:02","post_date":"2017-06-15 08:45:12"},{"ID":"11229","post_content":"

50H.\u00a0\u00a0\u00a0 Currency of payments made to Commissioner<\/span><\/strong><\/p>\n

<\/p>\n

If an amount withheld by a person in terms of section 50E<\/a>(1) is denominated in any currency other than the currency of the Republic, the amount so withheld must, for the purposes of determining the amount to be paid to the Commissioner in terms of section 50F<\/a>(2), be translated to the currency of the Republic at the spot rate on the date on which the amount was so withheld.<\/p>\n

[Part IVB inserted by section 98 of Act 31 of 2013 effective on 1 March 2015 - comes into operation in terms of section 98 of Act 31 of 2013, substituted by section 125 of Act 43 of 2014]<\/span><\/p>\n

<\/p>\n

51. \u00a0 \u00a0\u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Section 50H (ITA) - Currency of payments made to Commissioner","collection_order":884,"collection":597,"post_modified":"2019-02-04 22:08:47","post_date":"2017-06-15 08:46:50"},{"ID":"11248","post_content":"

PART IVC<\/strong><\/p>\n

Withholding taxes on service fees<\/strong><\/p>\n


<\/strong><\/p>\n

\ufeff<\/p>\n

51A.\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

51B.\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/strong><\/p>\n

<\/p>\n

51C.\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/strong><\/p>\n

<\/p>\n

51D.\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/strong><\/p>\n

<\/p>\n

51E.\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/strong><\/p>\n

<\/p>\n

51F.\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/strong><\/p>\n

<\/p>\n

51G.\u00a0\u2026\u2026\u2026.<\/span><\/strong><\/p>\n

<\/p>\n

51H.\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/strong><\/p>\n

[Part IVC, sections 51A to 51H\u00a0inserted by section 99 of Act 31 of 2013 effective on 1 January 2017 - came into operation in terms of section 99 of Act 31 of 2013 as substituted by section 149 of Act 25 of 2015, repealed by section 60 of Act 15 of 2016 effective on 1 January 2017]<\/span><\/p>\n","post_title":"PART IVC - Withholding taxes on service fees (ITA)","collection_order":885,"collection":597,"post_modified":"2019-02-23 19:03:56","post_date":"2017-06-15 09:14:04"},{"ID":"1599","post_content":"

PART V<\/strong><\/p>\n

Donations Tax<\/strong><\/p>\n","post_title":"PART V - Donations Tax (ITA)","collection_order":886,"collection":597,"post_modified":"2019-02-23 19:09:48","post_date":"2015-10-15 12:13:50"},{"ID":"1601","post_content":"

54. \u00a0 \u00a0Levy of donations tax<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Subject to the provisions of section 56<\/a>, there shall be paid for the benefit of the National Revenue Fund a tax (in this Act referred to as donations tax) on the value of any property disposed of (whether directly or indirectly and whether in trust or not) under any donation by any resident (in this Part referred to as the donor).<\/p>\n","post_title":"Section 54 (ITA) - Levy of donations tax","collection_order":887,"collection":597,"post_modified":"2019-02-23 19:28:26","post_date":"2015-10-15 12:13:50"},{"ID":"1603","post_content":"

55. \u00a0 \u00a0Definitions for purposes of this Part<\/span><\/strong><\/p>\n","post_title":"Section 55 (ITA) - Definitions for purposes of this Part","collection_order":888,"collection":597,"post_modified":"2019-02-23 19:28:18","post_date":"2015-10-15 12:13:50"},{"ID":"1605","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 In this Part, unless the context otherwise indicates \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

\u00a0\u201cdonation\u201d<\/strong> means any gratuitous disposal of property including any gratuitous waiver or renunciation of a right;<\/p>\n","post_title":"\"Donation\" definition of section 55 of ITA","collection_order":889,"collection":597,"post_modified":"2019-02-23 19:28:33","post_date":"2015-10-15 12:13:50"},{"ID":"1607","post_content":"

\u201cdonee\u201d<\/strong> means any beneficiary under a donation and includes, where property has been disposed of under a donation to any trustee to be administered by him for the benefit of any beneficiary, such trustee: Provided that any donations tax paid or payable by any trustee in his capacity as such may, notwithstanding anything to the contrary contained in the trust deed concerned, be recovered by him from the assets of the trust;<\/p>\n","post_title":"\"Donee\" definition of section 55 of ITA","collection_order":890,"collection":597,"post_modified":"2019-02-23 22:07:47","post_date":"2015-10-15 12:13:50"},{"ID":"1609","post_content":"

\u201cfair market value\u201d<\/strong>, means \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the price which could be obtained upon a sale of the property between a willing buyer and a willing seller dealing at arm\u2019s length in an open market; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in relation to immovable property on which a bona fide farming undertaking is being carried on in the Republic, the amount determined by reducing the price which could be obtained upon a sale of the property between a willing buyer and a willing seller dealing at arm\u2019s length in an open market by 30 per cent;<\/span><\/p>\n","post_title":"\"Fair market value\" definition of section 55 of ITA","collection_order":891,"collection":597,"post_modified":"2019-02-23 22:09:09","post_date":"2015-10-15 12:13:50"},{"ID":"1611","post_content":"

\u201cproperty\u201d<\/strong> means any right in or to property movable or immovable, corporeal or incorporeal, wheresoever situated.<\/p>\n","post_title":"Property definition of section 55","collection_order":892,"collection":597,"post_modified":"2017-05-25 13:36:11","post_date":"2015-10-15 12:13:50"},{"ID":"1613","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of this Part a donation shall be deemed to take effect upon the date upon which all the legal formalities for a valid donation have been complied with.<\/span><\/p>\n","post_title":"Subsections 2 and 3 of section 55 of ITA","collection_order":893,"collection":597,"post_modified":"2019-02-23 19:28:38","post_date":"2015-10-15 12:13:50"},{"ID":"1615","post_content":"

56. \u00a0 \u00a0 Exemptions<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Donations tax shall not be payable in respect of the value of any property which is disposed of under a donation \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to or for the benefit of the spouse of the donor under a duly registered antenuptial or post\u2013<\/em>nuptial contract or under a notarial contract entered into as contemplated in section 21 of the Matrimonial Property Act, 1984 (Act No. 88 of 1984);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 to or for the benefit of the spouse of the donor who is not separated from him under a judicial order or notarial deed of separation;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 as a donatio mortis causa<\/em>;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 in terms of which the donee will not obtain any benefit thereunder until the death of the donor;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 which is cancelled within six months from the date upon which it took effect;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 made by or to or for the benefit of any traditional council, traditional community or any tribe referred to in section (10)(1)(t)<\/a>(vii);<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 if such property consists of any right in property situated outside the Republic and was acquired by the donor \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 before the donor became a resident of the Republic for the first time; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 by inheritance from a person who at the date of his death was not ordinarily resident in the Republic or by a donation if at the date of the donation the donor was a person (other than a company) not ordinarily resident in the Republic; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 out of funds derived by him from the disposal of any property referred to in sub-paragraph (i) or (ii) or, if the donor disposed of such last-mentioned property and replaced it successively with other properties (all situated outside the Republic and acquired by the donor out of funds derived by him from the disposal of any of the said properties), out of funds derived by him from the disposal of, or from revenue from any of those properties; or<\/span><\/p>\n

<\/p>\n

(gA)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 by or to any person (including any sphere of government) referred to in section 10(1)(a)<\/a>, (cA)<\/a>, (cE)<\/a>, (cN)<\/a>, (cO)<\/a>, (cQ)<\/a>, (d)<\/a> or (e)<\/a>;<\/span><\/p>\n

[Paragraph (h) substituted by section 38 of Act 85 of 1974, section 23 of Act 96 of 1981, section 21 of Act 85 of 1987, section 28 of Act 141 of 92, section 32 of Act 113 of 1993, section 38 of Act 30 of 2000, section 38 of Act 8 of 2007, section 67 of Act 7 of 2010 and section 67 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(k)\u00a0\u00a0\u00a0\u00a0 as a voluntary award \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the value of which is required to be included in the gross income of the donee in terms of paragraph (c), (d) or (i) of the definition of \u2018gross income\u2019 in section 1<\/a>; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the gain in respect of which must be included in the income of the donee in terms of section 8A<\/a>, 8B<\/a> or 8C<\/a>;<\/span><\/p>\n

<\/p>\n

(l)\u00a0\u00a0\u00a0\u00a0\u00a0 if such property is disposed of under and in pursuance of any trust;<\/span><\/p>\n

<\/p>\n

(m)\u00a0\u00a0\u00a0 if such property consists of a right (other than a fiduciary, usufructuary or other like interest) to the use or occupation of property used for farming purposes, for no consideration or for a consideration which is not an adequate consideration, and the donee is a child of the donor;<\/span><\/p>\n

<\/p>\n

(n)\u00a0\u00a0\u00a0\u00a0 on or after the seventeenth day of August, 1966, by any company which is recognized as a public company in terms of section 38<\/a>;<\/span><\/p>\n

<\/p>\n

(o)\u00a0\u00a0\u00a0\u00a0 where such property consists of the full ownership in immovable property, if \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0such immovable property was acquired by any beneficiary entitled to any grant or services in terms of the Land Reform Programme, as contemplated in the White Paper on South African Land Policy, 1997; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0the Minister of Land Affairs or a person designated by him has, on such terms and conditions as such Minister may in consultation with the Commissioner prescribe, approved the particular project in terms of which such immovable property is so acquired; or<\/span><\/p>\n

[Subparagraph (i) substituted by section 61 of Act 15 of 2016 effective on 1 March 2016, applies in respect of any donation made on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0such immovable property was acquired by a person in terms of land reform initiatives by virtue of the measures as contemplated in Chapter 6 of the National Development Plan: Vision 2030 of 11 November 2011 released by the National Planning Commission, Presidency of the Republic of South Africa;<\/span><\/p>\n

[Subparagraph (ii) substituted by section 61 of Act 15 of 2016 effective on 1 March 2016, applies in respect of any donation made on or after that date]<\/span><\/p>\n

<\/p>\n

(p)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(q)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(r)\u00a0\u00a0\u00a0\u00a0\u00a0 by a company to any other company that is a resident and is a member of the same group of companies as the company making that donation.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Donations tax shall not be payable in respect of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 so much of the sum of the values of all casual gifts made by a donor other than a natural person during any year of assessment as does not exceed R10 000: Provided that where the year of assessment exceeds or is less than 12 months, the amount in respect of which the tax shall not be payable in terms of this paragraph shall be an amount which bears to R10 000 the same ratio as that year of assessment bears to twelve months.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 so much of the sum of the values of all property disposed of under donations by a donor who is a natural person as does not during any year of assessment exceed R100 000;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 so much of any bona fide<\/em> contribution made by the donor towards the maintenance of any person as the Commissioner considers to be reasonable.<\/span><\/p>\n","post_title":"Section 56 (ITA) - Exemptions","collection_order":894,"collection":597,"post_modified":"2019-02-23 19:28:46","post_date":"2015-10-15 12:13:50"},{"ID":"1617","post_content":"

57. \u00a0 \u00a0Disposals by companies under donations at the instance of any person<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

If-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 any property is disposed of by any company at the instance of any person; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 that disposal would have been treated as a donation had that disposal been made by that person,<\/span><\/p>\n

\u00a0<\/p>\n

that property must for the purposes of this Part be deemed to be disposed of under a donation by that person.<\/span><\/p>\n","post_title":"Section 57 (ITA) - Disposals by companies under donations at the instance of any person","collection_order":895,"collection":597,"post_modified":"2019-02-23 19:28:55","post_date":"2015-10-15 12:13:50"},{"ID":"1619","post_content":"

57A.\u00a0\u00a0\u00a0 Donations by spouses married in community of property<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

For the purposes of this Part, in the case of spouses married in community of property, where any property is disposed of in terms of a donation by one of the spouses and \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such property falls within the joint estate of the spouses, such donation shall be deemed to have been made in equal shares by each spouse; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 such property was excluded from the joint estate of the spouses, such donation shall be deemed to have been made solely by the spouse making the donation.<\/span><\/p>\n","post_title":"Section 57A (ITA) - Donations by spouses married in community of property","collection_order":896,"collection":597,"post_modified":"2019-02-23 19:29:03","post_date":"2015-10-15 12:13:50"},{"ID":"23541","post_content":"

57B.\u00a0 Disposal of the right to receive an asset which would otherwise have been acquired in consequence of services rendered or to be rendered<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0This section applies where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a person (\u201cthe employee\u201d) has agreed to render services to another person (\u201cthe employer\u201d)\u037e<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the whole or part of the compensation for those services is to be paid by the employer in the form of an asset as defined in paragraph 1<\/a> of the Eighth Schedule<\/a>\u037e and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0prior to the employee becoming entitled to that asset, that employee disposes of the right to the asset to another person.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0For purposes of this Act, where subsection (1) applies\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that disposal must be disregarded and that employee must be treated as having acquired that asset on the date that it would otherwise have been received by or accrued to him or her for an amount of expenditure equal to the amount included in that employee\u2019s gross income under paragraph (ii) of the proviso to paragraph (c) or under paragraph (i) of the definition of \u201cgross income\u201d\u037e and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that employee must be treated as having disposed of that asset to that other person by way of donation for an amount received or accrued equal to the expenditure contemplated in subsection (2)(a), and that other person must be deemed to have acquired that asset for expenditure equal to that same amount.<\/span><\/p>\n

[Section 57B inserted by section 32(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of the disposal of the right to receive an asset on or after that date]<\/span><\/p>\n","post_title":"Section 57B (ITA) - Disposal of the right to receive an asset which would otherwise have been acquired in consequence of services rendered or to be rendered","collection_order":897,"collection":597,"post_modified":"2023-01-22 21:30:03","post_date":"2022-03-05 22:03:34"},{"ID":"1621","post_content":"

58. \u00a0 \u00a0Property disposed of under certain transactions deemed to have been disposed of under <\/strong>a donation<\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where any property has been disposed of for a consideration which, in the opinion of the Commissioner, is not an adequate consideration that property shall for the purposes of this Part be deemed to have been disposed of under a donation: Provided that in the determination of the value of such property a reduction shall be made of an amount equal to the value of the said consideration.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where a person disposes of a restricted equity instrument, as defined in section 8C<\/a>, under the circumstances contemplated in section 8C<\/a>(5)(a) or (b), that restricted equity instrument shall for the purposes of this Part be deemed to have been donated by that person at the time that it is deemed to vest for the purposes of section 8C<\/a> and to have a value equal to the fair market value of that instrument at that time: Provided that in the determination of the value of that restricted equity instrument a reduction shall be made of an amount equal to the value of any consideration in respect of that donation.<\/span><\/p>\n","post_title":"Section 58 (ITA) - Property disposed of under certain transactions deemed to have been disposed of under a donation","collection_order":898,"collection":597,"post_modified":"2019-02-23 19:29:13","post_date":"2015-10-15 12:13:50"},{"ID":"1623","post_content":"

59. \u00a0 \u00a0Persons liable for the tax<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

The person liable for donations tax shall be the donor: Provided that if the donor fails to pay the tax within the period prescribed in subsection (1) of section\u00a060<\/a> the donor and the donee shall be jointly and severally liable for the tax.<\/p>\n","post_title":"Section 59 (ITA) - Persons liable for the tax","collection_order":899,"collection":597,"post_modified":"2023-01-22 21:47:32","post_date":"2015-10-15 12:13:50"},{"ID":"1625","post_content":"

60. \u00a0 \u00a0Payment and assessment of the tax<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Donations tax shall be paid to the Commissioner by the end of the month following the month during which a donation takes effect or such longer period as the Commissioner may allow from the date upon which the donation in question takes effect.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where a donor has during the year of assessment disposed of property under more than one donation in respect of which an exemption may be applicable under the provisions of section 56<\/a> (2) (a) or (b), the amount to be exempted in respect of any such donation shall be calculated according to the order in which such donations took effect.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where a donor has disposed of property under more than one donation on the same date those donations shall for the purpose of determining the tax payable in respect of each donation be deemed to have taken effect \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in such order as the donor may elect; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if the donor fails to make an election within fourteen days after having been called upon by the Commissioner to do so, in such order as the Commissioner may determine.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The payment of the tax in terms of subsection (1) shall be accompanied by a return.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may, in accordance with Chapter 8<\/a> of the Tax Administration Act<\/a>, at any time assess either the donor or the donee or both the donor and the donee for the amount of donations tax payable or, where the Commissioner is satisfied that the tax payable under this Part has not been paid in full, for the difference between the amount of the tax payable and the amount paid, but the payment by either of those parties of the amount payable under such assessment shall discharge the joint obligation.<\/span><\/p>\n

[Sub\u00adsection (5) substituted by section 5 of Act 33 of 2019]<\/span><\/p>\n","post_title":"Section 60 (ITA) - Payment and assessment of the tax","collection_order":900,"collection":597,"post_modified":"2021-02-10 09:26:17","post_date":"2015-10-15 12:13:50"},{"ID":"1627","post_content":"

61. \u00a0 \u00a0Extension of scope of certain provisions of Act for purposes of donations tax<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

For the purposes of the donations tax \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 any reference in paragraph (a) or (e) of the definition of \u2018representative taxpayer\u2019 in section 1<\/a> to the income of any person or to the gross income received by or accrued to or in favour of any person shall be deemed to include a reference to property disposed of by any person under a donation or to the value of such property, as the context may require;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the reference in paragraphs (b) and (c) of the definition of \u201crepresentative taxpayer\u201d in section 1<\/a> to the income under the management, disposition or control of an agent or to income which is the subject of any trust, as the case may be, shall be deemed to include a reference to any property disposed of under a donation which is under the management, disposition or control of the agent or to property disposed of under a donation which is the subject of the trust, as the case may be;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (g) added by section 25 of Act 90 of 1962, substituted by section 29 of Act 90 of 1988 and deleted by section 3 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 61 (ITA) - Extension of scope of certain provisions of Act for purposes of donations tax","collection_order":901,"collection":597,"post_modified":"2023-01-22 21:46:49","post_date":"2015-10-15 12:13:50"},{"ID":"1629","post_content":"

62. \u00a0 \u00a0Value of property disposed of under donations<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of donations tax the value of any property shall be deemed to be \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of any fiduciary, usufructuary or other like interest in property, an amount determined by capitalizing at twelve per cent. the annual value of the right of enjoyment of the property over which such interest was or is held, to the extent to which the donee becomes entitled to such right of enjoyment, over the expectation of life of the donor, or if such right of enjoyment is to be held for a lesser period than the life of the donor, over such lesser period;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of any right to any annuity, an amount equal to the value of the annuity capitalized at twelve per cent. over the expectation of life of the donor, or if such right is to be held by the donee for a lesser period than the life of the donor, over such lesser period;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in the case of a right of ownership in any movable or immovable property which is subject to a usufructuary or other like interest in favour of any person, the amount by which the fair market value of the full ownership of such property exceeds the value of such interest, determined \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of a usufructuary interest, by capitalizing at twelve per cent. the annual value of the right of enjoyment of the property subject to such usufructuary interest over the expectation of life of the person entitled to such interest, or, if such right of enjoyment is to be held for a lesser period than the life of such person, over such lesser period;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of an annuity charged upon the property, by capitalizing at twelve per cent. the amount of the annuity over the expectation of life of the person entitled to such annuity, or, if it is to be held for a lesser period than the life of such person, over such lesser period; or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 in the case of any other interest, by capitalizing at twelve per cent such amount as the Commissioner may consider reasonable as representing the annual yield of such interest, over the expectation of life of the person entitled to such interest, or, if such interest is to be held for a lesser period than the life of such person, over such lesser period;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 in the case of any other property, the fair market value of such property as at the date upon which the donation takes effect: Provided that in any case in which, as a result of conditions which in the opinion of the Commissioner were imposed by or at the instance of the donor, the value of any property is reduced in consequence of the donation, the value of such property shall be determined as though the conditions in terms of which the value of the said property is reduced in consequence of the donation, had not been imposed.<\/span><\/p>\n

\u00a0<\/p>\n

(1A)\u00a0 Where any company not quoted on any stock exchange owns immovable property on which bona fide farming operations are being carried on in the Republic, the value of such immovable property shall, in so far as it is relevant for the purposes of determining the value of any shares in such company, be determined in the manner prescribed in the definition of \u201cfair market value\u201d in section 55<\/a>(1).<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For the purposes of paragraphs (a) and (c) of subsection (1) the annual value of the right of enjoyment of a property means an amount equal to twelve per cent. upon the value of the full ownership of the property which is subject to any fiduciary, usufructuary or other like interest: Provided that \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the Commissioner is satisfied that the property which is subject to any such interest could not reasonably be expected to produce an annual yield equal to 12 per cent on such value of the property, the Commissioner may fix such sum as representing the annual yield as may seem to him to be reasonable, and the sum so fixed shall for the purposes of paragraphs (a) and (c) of subsection (1) be deemed to be the annual value of the enjoyment of such property;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the property which is subject to any such interest consists of books, pictures, statuary or other objects of art, the annual value of the right of enjoyment shall for the purposes of paragraph (a) of subsection (1) be deemed to be the average net receipts (if any) derived by the person entitled to such right of enjoyment of such property during the three years immediately preceding the date on which the donation took effect.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where for the purposes of subsection (1) any calculation is required to be made over the expectation of life of any person, such calculation shall, in the case of a person who is not a natural person, be made over a period of fifty years.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 If the Commissioner is of the opinion that the amount shown in any return as the fair market value of any property is less than the fair market value of that property, he or she may fix the fair market value of that property, and the value so fixed is deemed for the purposes of this Part to be the fair market value of such property.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 In fixing the fair market value of any property in terms of subsection (4), the Commissioner shall have regard inter alia \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to the municipal or divisional council valuation (if any) of such property;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 to any sworn valuation of such property furnished by or on behalf of the donor or the donee; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 to any valuation of such property made by any competent and disinterested person appointed by the Commissioner.<\/span><\/p>\n

\u00a0<\/p>\n

63.<\/strong>\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Section 62 (ITA) - Value of property disposed of under donations","collection_order":902,"collection":597,"post_modified":"2019-02-23 19:29:30","post_date":"2015-10-15 12:13:50"},{"ID":"1631","post_content":"

64. \u00a0 \u00a0Rate of donations tax<\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The rate of the donations tax chargeable under section 54<\/a> in respect of the value of any property disposed of under a donation shall be-<\/span><\/p>\n

\u00a0<\/p>\n

(a)<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a020 per cent of that value if the aggregate of that value and the value of any other property disposed of under a taxable donation on or after 1 March 2018 until the date of that donation does not exceed R30 million; and<\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section 35(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 1\u00a0March, 2018]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a025 per cent of that value to the extent that that value is not taxed under subparagraph (i); or<\/span><\/p>\n

[Paragraph (a) substituted by section 5 of Act 21 of 2018 effective on 1 March 2018]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 such percentage of such value as the Minister may announce in the national annual budget contemplated in section 27(1) of the Public Finance Management Act, with effect from a date mentioned in that Announcement.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0If the Minister makes an announcement contemplated in subsection (1)(b), that rate comes into effect on the date determined by the Minister in that announcement and continues to apply for a period of 12 months from that date subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Section 64 substituted by section 30 of Act 90 of 1988, amended by section 19 of Act 36 of 1996 and substituted by section 59 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"Section 64 (ITA) - Rate of donations tax","collection_order":903,"collection":597,"post_modified":"2023-01-22 21:46:25","post_date":"2015-10-15 12:13:50"},{"ID":"1636","post_content":"

PART VII<\/strong><\/p>\n

Secondary Tax on Companies<\/strong><\/p>\n

[Part VII amended by section 34 of Act 113 of 93, repealed by section 68 of Act 43 of 2014 effective on 1 April 2017]<\/span><\/p>\n","post_title":"PART VII - Secondary Tax on Companies (ITA)","collection_order":904,"collection":597,"post_modified":"2019-02-23 19:10:06","post_date":"2015-10-15 12:13:50"},{"ID":"1638","post_content":"

64B. \u2026\u2026\u2026<\/span><\/strong><\/p>\n

[Section 64B added by section 20 of Act 95 of 1967, substituted by section 35 of Act 89 of 1969, amended by section 20 of Act 89 of 1969, section 19 of Act 90 of 1972 and section 41 of Act 85 of 1974, substituted by section 33 of Act 94 of 1983, amended by section 7 of Act 108 of 1986, repealed by section 32 of Act 90 of 1988, inserted by section 34 of Act 113 of 1993 amended by section 12 of Act 140 of 1993, section 24 of Act 21 of 1994, section 29 of Act 21 of 1995, section 21 of Act 36 of 1996, section 13 of Act 46 of 1996, section 25 of Act 28 of 1997, section 35 of Act 53 of 1999, section 39 of Act 30 of 2000, section 42 of Act 59 of 2000, section 18 of Act 5 of 2001, section 48 of Act 60 of 2001, section 25 of Act 30 of 2002, section 36 of Act 74 of 2002, section 58 of Act 45 of 2003, section 40 of Act 32 of 2004, section 47 of Act 31 of <\/span>2005, section 32 of Act 20 of 2006, section 39 of Act 8 of 2007, section 59 of Act 35 of 2007, section 32 of Act 3 of 2008, section 55 of Act 60 of 2008, section 51 of Act 17 of 2009, section 68 of Act 7 of 2010, section 271 of Act 28 of 2011, section 81 of Act 22 of 2012, section 100 of Act 31 of 2013, repealed by section 68 of Act 43 of 2014 effective on 1 April 2017]<\/span><\/p>\n","post_title":"Section 64B (ITA) - Levy and recovery of secondary tax on companies","collection_order":905,"collection":597,"post_modified":"2023-01-22 21:46:07","post_date":"2015-10-15 12:13:50"},{"ID":"1652","post_content":"

64C.\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

[Section 64C added by section 20 of Act 95 of 1967, amended by section 15 of Act 76 of 1968, section 36 of Act 89 of 1969, section 21 of Act 89 of 1969, section 26 of Act 88 of 1971, section 20 of Act 90 of 1972, section 42 of Act 85 of 1974, section 22 of Act 113 of 1977, section 14 of Act 104 of 1979, section 22 of Act 104 of 1980, section 24 of Act 96 of 1981, section 21 of Act 91 of 1982, section 34 of Act 94 of 1983, section 29 of Act 121 of 1984, section 18 of Act 65 of 1986, section 8 of Act 108 of 1986 and section 22 of Act 85 of 1987, repealed by section 33 of Act 90 of 1988, inserted by section 34 of Act 113 of 1993, amended by section 13 of Act 140 of 1993, section 25 of Act 21 of 1994, section 30 of Act 21 of 1995, section 22 of Act 36 of 1996, section 40 of Act 30 of 1998, section 36 of Act 53 of 1999, section 40 of Act 30 of 2000, section 43 of Act 59 of 2000, section 37 of Act 74 of 2002, section 38 of Act 12 of 2003, section 59 of Act 45 of 2003, section 41 of Act 32 of 2004, section 48 of Act 31 of 2005, section 60 of Act 35 of 2007, section 33 of Act 3 of 2008, section 52 of Act 17 of 2009, section 69 of Act 7 of 2010, section 74 of Act 24 of 2011, section 82 of Act 2 of 2012, section 101 of Act 31 of 2013, repealed by section 68 of Act 43 of 2014 effective on 1 April 2017]<\/span><\/p>\n","post_title":"Section 64C (ITA) - Certain amounts distributed deemed to be dividends","collection_order":906,"collection":597,"post_modified":"2023-01-22 21:45:55","post_date":"2015-10-15 12:13:50"},{"ID":"1658","post_content":"

PART VIII<\/strong><\/p>\n

\u00a0<\/strong>Dividends Tax<\/strong><\/p>\n","post_title":"PART VIII - Dividends Tax (ITA)","collection_order":907,"collection":597,"post_modified":"2019-02-23 19:10:14","post_date":"2015-10-15 12:13:50"},{"ID":"1660","post_content":"

64D.\u00a0\u00a0\u00a0 Definitions<\/span><\/strong><\/p>\n","post_title":"Section 64D (ITA) - Definitions","collection_order":908,"collection":597,"post_modified":"2019-02-09 22:38:06","post_date":"2015-04-19 11:18:35"},{"ID":"1662","post_content":"

\u00a0In this Part-<\/p>\n

\u00a0\u00a0<\/p>\n

\u2018beneficial owner\u2019<\/strong> means the person entitled to the benefit of the dividend attaching to a share;<\/p>\n","post_title":"\"Beneficial owner\" definition of section 64D of ITA","collection_order":909,"collection":597,"post_modified":"2019-02-23 19:30:11","post_date":"2015-10-15 12:13:50"},{"ID":"1664","post_content":"

\u201cdividend\u201d\u00a0<\/strong>means any dividend or foreign dividend as defined in\u00a0section 1<\/a>, including any amount contemplated in\u00a0section 31<\/a>(3)(i), that is\u2014<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 paid by a company that is a resident; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 paid by a foreign company \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 if the share in respect of which that foreign dividend is paid is a listed share; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 to the extent that that foreign dividend does not consist of a distribution of an asset in specie<\/em>;<\/span><\/p>\n

[Definition of \u201cdividend\u201d substituted by\u00a0section 75(1)\u00a0of\u00a0Act\u00a024 of 2011\u00a0and amended by\u00a0section 60(a)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section 36(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 17\u00a0January, 2019]<\/span><\/p>\n","post_title":"\"Dividend\" definition of section 64D of ITA","collection_order":910,"collection":597,"post_modified":"2023-01-22 21:30:30","post_date":"2015-10-15 12:13:50"},{"ID":"1666","post_content":"

\u2018dividend cycle\u2019<\/strong>\u00a0\u2026\u2026\u2026.<\/p>\n

[Definition of \u201cdividend cycle\u201d deleted by section 60 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"\"Dividend cycle\" definition of section 64D of ITA","collection_order":911,"collection":597,"post_modified":"2020-05-27 19:47:30","post_date":"2015-10-15 12:13:50"},{"ID":"1668","post_content":"

\u2018effective date\u2019<\/strong> means the date on which this Part comes into operation;<\/p>\n","post_title":"\"Effective date\" definition of section 64D of ITA","collection_order":912,"collection":597,"post_modified":"2019-02-23 19:30:17","post_date":"2015-10-15 12:13:50"},{"ID":"1670","post_content":"

\u2018regulated intermediary\u2019<\/strong> means any-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 central securities depository participant contemplated in section 32 of the Financial Markets Act;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 authorised user as defined in section 1 of the Financial Markets Act;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 approved nominee contemplated in section 76(3) of the Financial Markets Act;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 nominee that holds investments on behalf of clients as contemplated in section 9.1 of Chapter 1 and section 8 of Chapter II of the Codes of Conduct for Administrative and Discretionary Financial Service Providers, 2003 (Board Notice 79 of 2003) published in Government Gazette<\/em> No. 25299 of 8 August 2003;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 portfolio of a collective investment scheme in securities;<\/span><\/p>\n

[Paragraph (e) amended by section 70 of Act 7 of 2010 effective on 1 April 2012 and section 73 of Act 25 of 2015 effective on 1 April 2015]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 transfer secretary that is a person other than a natural person and that has been approved by the Commissioner subject to such conditions and requirements as may be determined by the Commissioner; or<\/span><\/p>\n

[Paragraph (f) inserted by section 70 of Act 7 of 2010 effective on 1 April 2012, amended by section 73 of Act 25 of 2015 effective on 1 April 2015]<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0\u00a0a portfolio of a hedge fund collective investment scheme.<\/span><\/p>\n

[Paragraph (g) added by section 73 of Act 25 of 2015 and amended by section 60 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"\"Regulated intermediary\" definition of section 64D of ITA","collection_order":913,"collection":597,"post_modified":"2019-06-19 11:21:12","post_date":"2015-10-15 12:13:50"},{"ID":"1672","post_content":"

\u2018STC credit\u2019<\/strong>\u00a0\u2026\u2026\u2026.<\/p>\n

[Definition of \u201cSTC credit\u201d deleted by section 60 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"\"STC credit\" definition of section 64D of ITA","collection_order":914,"collection":597,"post_modified":"2020-05-27 19:47:37","post_date":"2015-10-15 12:13:50"},{"ID":"1674","post_content":"

64E.\u00a0\u00a0\u00a0\u00a0 Levy of tax<\/strong><\/p>\n

<\/p>\n

(1)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Subject to paragraph 3<\/a> of the Tenth Schedule<\/a>, there must be levied for the benefit of the National Revenue Fund a tax, to be known as the dividends tax, calculated-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 at the rate of 20 per cent; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 at such rate as the Minister may announce in the national annual budget contemplated in section 27(1) of the Public Finance Management Act, with effect from a date mentioned in that Announcement,<\/span><\/p>\n

<\/p>\n

of the amount of any dividend paid by any company other than a headquarter company.<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 If the Minister makes an announcement contemplated in paragraph (a)(ii), that rate comes into effect on the date determined by the Minister in that announcement and continues to apply for a period of 12 months from that date subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subsection (1) substituted by section 71 of Act 7 of 2010, section 6 of Act 13 of 2012, section 83 of Act 22 of 2012, section 11 of Act 14 of 2017 effective on 22 February 2017 and applies in respect of any dividend paid on or after that date and section 61 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(2) \u00a0 \u00a0 For the purposes of this Part, a dividend must, to the extent that the dividend-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 does not consist of a distribution of an asset in specie<\/em> and is declared by a company that is-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a listed company, be deemed to be paid on the date on which the dividend is paid; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 not a listed company, be deemed to be paid on the earlier of the date on which the dividend is paid or becomes due and payable; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 consists of a distribution of an asset in specie<\/em>, be deemed to be paid on the earlier of the date on which the dividend is paid or becomes due and payable.<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 Where a company declares and pays a dividend and that dividend consists of a distribution of an asset in specie<\/em>, the amount of the dividend must, for the purposes of subsection (1), be deemed-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of an asset which is a financial instrument listed on a recognised exchange as defined in paragraph 1<\/a> of the Eighth Schedule<\/a> and for which a price was quoted on that exchange, to be equal to the ruling price of that financial instrument on that recognised exchange at close of business on the last business day before the date that the dividend is, in terms of subsection (2), deemed to be paid; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of an asset which is not an asset contemplated in paragraph (a), to be equal to the market value of the asset on the date that the dividend is, in terms of subsection (2), deemed to be paid.<\/span><\/p>\n

<\/p>\n

(4)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Where, during any year of assessment, any amount is owing to a company by-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a person that is-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 not a company;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 a resident; and<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 a connected person in relation to that company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 a person that is-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 not a company;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 a resident; and<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 a connected person in relation to a person contemplated in subparagraph (i),<\/span><\/p>\n

<\/p>\n

in respect of a debt, that company must, for the purposes of this Part, be deemed to have paid a dividend if that debt arises by virtue of any share held in that company by a person contemplated in subparagraph (i).<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The amount of the dividend that is deemed to have been paid in terms of paragraph (a) must-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the market-related interest in respect of that loan or advance, less the amount of interest that is payable to that company in respect of that loan or advance for that year of assessment; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 for the purposes of subsection (1), be deemed to be equal to the greater of-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the market-related interest in respect of that debt, less the amount of interest that is payable to that company in respect of that debt for that year of assessment; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 nil.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 Where during any year of assessment a company is deemed to have paid a dividend in terms of paragraph (a), that dividend must be deemed to have been paid on the last day of that year of assessment.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 For the purposes of this subsection, \u2018market-related interest\u2019, in relation to any debt owed to a company means the amount of interest that would be payable to that company on the amount owing to that company in respect of that debt for a period during a year of assessment if the debt had been owed for that period at the official rate of interest.<\/span><\/p>\n

[Paragraph (d) substituted by section 83 of Act 22 of 2012 and section 61 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 This subsection does not apply to the extent that the amount owing to a company in respect of a debtcontemplated in paragraph (a) was deemed to be a dividend that was subject to the secondary tax on companies.<\/span><\/p>\n

<\/p>\n

(5) \u00a0 \u00a0 For the purposes of subsection (1), where any amount of any dividend is denominated in any currency other than the currency of the Republic, that amount must be translated to the currency of the Republic by applying the spot rate applicable at the time that the dividend is paid.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Where a-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 company that makes payment of a dividend to any person withholds an amount of dividends tax from that payment in terms of section 64G<\/a>(1); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 regulated intermediary that makes payment of a dividend to any person withholds an amount of dividends tax from that payment in terms of section 64H<\/a>(1),<\/span><\/p>\n

<\/p>\n

that company or regulated intermediary must, for the purposes of this Part, be deemed to have paid the amount so withheld to that person.<\/p>\n","post_title":"Section 64E (ITA) - Levy of tax","collection_order":915,"collection":597,"post_modified":"2020-03-07 20:10:26","post_date":"2015-10-15 12:13:50"},{"ID":"1676","post_content":"

64EA. \u00a0 Liability for tax<\/span><\/strong><\/span><\/p>\n

<\/p>\n

Any-<\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0 beneficial owner of a dividend, to the extent that the dividend does not consist of a distribution of an asset in specie<\/em>; or<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 company that is a resident that declares and pays a dividend to the extent that the dividend consists of a distribution of an asset in specie<\/em>,<\/span><\/p>\n

<\/p>\n

is liable for the dividends tax in respect of that dividend.<\/span><\/p>\n

[Section 64EA inserted by section 77(1) of Act 24 of 2011 and amended by section 84(1) of Act 22 of 2012 and by section 44 of Act 34 of 2019]<\/span><\/p>\n","post_title":"Section 64EA (ITA) - Liability for tax","collection_order":916,"collection":597,"post_modified":"2021-04-01 09:54:53","post_date":"2015-10-15 12:13:50"},{"ID":"1679","post_content":"

64EB. \u00a0 \u00a0Deemed beneficial owners of dividends<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this Part, where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a person contemplated in\u00a0section 64F<\/a>(1) acquires the right to a dividend in respect of a share, including a dividend that has not yet been declared or has not yet accrued, by way of cession; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0an amount in respect of that dividend is received by or accrues to the person who acquired that right,<\/span><\/p>\n

<\/p>\n

any person ceding that right is deemed to be the beneficial owner of that dividend: Provided that this subsection does not apply to any cession in respect of a share if the person to whom those rights are ceded holds all the rights attaching to the share after the cession.<\/p>\n

[Subsection (1)\u00a0amended by\u00a0section 61(1)(a)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section 37(1)(a)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of amounts paid on or after that date in respect of shares that are borrowed or acquired in terms of a collateral arrangement]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this Part, where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a person that is \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a company which is a resident;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the government of the Republic in the national, provincial or local sphere;<\/span><\/p>\n

[Subparagraph (ii) substituted by section 69 of Act 43 of 2014 effective on 4 July 2013]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 a public benefit organisation approved by the Commissioner in terms of section 30<\/a>(3);<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 a trust contemplated in section 37A<\/a>;<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 an institution, board or body contemplated in section 10(1)(cA)<\/a>;<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 a fund contemplated in section 10(1)(d)<\/a>(i)or(ii);<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0 a person contemplated in section 10(1)(t)<\/a>;<\/span><\/p>\n

<\/p>\n

(viii)\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (viii) deleted by section 74 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(ix)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (ix) deleted by section 74 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(x)\u00a0\u00a0\u00a0\u00a0 a portfolio of a collective investment scheme in securities;<\/span><\/p>\n

<\/p>\n

(xi)\u00a0\u00a0\u00a0 any person to the extent that the dividend constitutes income of that person;<\/span><\/p>\n

<\/p>\n

(xii)\u00a0\u00a0 \u2026\u2026\u2026..<\/span><\/p>\n

[Subparagraph (xii) amended by section 69 of Act 43 of 2014 effective on 4 July 2013, deleted by section 74 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(xiii)\u00a0 any fidelity or indemnity fund contemplated in section 10(1)(d)(iii), or<\/span><\/p>\n

[Subparagraph (xiii) amended by section 69 of Act 43 of 2014 effective on 4 July 2013]<\/span><\/p>\n

<\/p>\n

(xiv)\u00a0\u00a0 a small business funding entity as contemplated in section 10(1)(cQ)<\/a>.<\/span><\/p>\n

[Subparagraph (xiv) added by section 69 of Act 43 of 2014 effective on 4 July 2013]<\/span><\/p>\n

<\/p>\n

borrows from another person or acquires a listed share in terms of a collateral arrangement entered into with another person; and<\/p>\n

[Paragraph (a)\u00a0amended by\u00a0section 61(1)(b)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section 37(1)(b)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of amounts paid on or after that date in respect of shares that are borrowed or acquired in terms of a collateral arrangement]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a dividend in respect of that share or any amount determined with reference to a dividend in respect of that share is received by or accrues to that person,<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section 61(1)(c)\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section 37(1)(c)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of amounts paid on or after that date in respect of shares that are borrowed or acquired in terms of a collateral arrangement]<\/span><\/p>\n

<\/p>\n

any amount paid by that person to that other person not exceeding that dividend or amount determined with reference to a dividend in respect of that share is deemed to be a dividend paid by that person for the benefit of that other person.<\/p>\n

[Subsection (2)\u00a0amended by\u00a0section 69(1)(c)\u00a0of\u00a0Act\u00a043 of 2014, by\u00a0section 61(1)(d)\u00a0of\u00a0Act\u00a023 of 2018\u00a0and by\u00a0section 37(1)(d)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of amounts paid on or after that date in respect of shares that are borrowed or acquired in terms of a collateral arrangement]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this Part, where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a person that is contemplated in\u00a0section 64F<\/a>(1) acquires a share in a listed company (or any right in respect of that share) from another person;<\/span><\/p>\n

[Paragraph (a) substituted by section 61 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that acquisition is part of a resale agreement between the person acquiring that share and that other person or any other company forming part of the same group of companies as that other person; and<\/span><\/p>\n

[Paragraph (b) amended by section 61 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a dividend in respect of that share is received by or accrues to that person,<\/span><\/p>\n

[Paragraph (c) added by section 61 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

that other person or other company is deemed to be the beneficial owner of that dividend.<\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 For the purposes of this section, \u2018resale agreement\u2019 means the acquisition of a share by any person subject to an agreement in terms of which that person undertakes to dispose of that share or any other share of the same kind and of the same or equivalent quality at a future date.<\/span><\/p>\n","post_title":"Section 64EB (ITA) - Deemed beneficial owners of dividends","collection_order":917,"collection":597,"post_modified":"2022-02-05 22:04:01","post_date":"2015-10-15 12:13:50"},{"ID":"1681","post_content":"

64F.\u00a0\u00a0Exemption from tax in respect of dividends other than dividends comprising distribution of assets\u00a0in specie<\/em><\/span><\/strong><\/p>\n

[Heading of section 64F substituted by section 78 of Act 24 of 2011 and section 62 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Any dividend is exempt from the dividends tax to the extent that it does not consist of a dividend that comprises a distribution of an asset in specie if the beneficial owner is-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 78 of Act 24 of 2011 and section 62 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a company which is a resident;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the government of the Republic in the national, provincial or local sphere;<\/span><\/p>\n

[Paragraph (b) substituted by section 70 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a public benefit organisation approved by the Commissioner in terms of section 30<\/a>(3);<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 a trust contemplated in section 37A<\/a>;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 an institution, board or body contemplated in section 10(1)(cA)<\/a>;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 a fund contemplated in section 10(1)(d)<\/a>(i) or (ii);<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 a person contemplated in section 10(1)(t)<\/a>;<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 a holder of shares in a registered micro business, as defined in the Sixth Schedule, paying that dividend, to the extent that the aggregate amount of dividends paid by that registered micro business to all holders of shares in that registered micro business during the year of assessment in which that dividend is paid does not exceed the amount of R200 000;<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a small business funding entity as contemplated in section 10(1)(cQ)<\/a>;<\/span><\/p>\n

[Paragraph (i) substituted by section 72 of Act 7 of 2010, deleted by section 78 of Act 24 of 2011, re-inserted by section 70 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(iA)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 a person that is not a resident and the dividend is a dividend contemplated in paragraph (b) of the definition of \u2018dividend\u2019 in section 64D<\/a>;<\/span><\/p>\n

<\/p>\n

(k)\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (k) added by section 86 of Act 22 of 2012 and deleted by section 62 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(l)\u00a0\u00a0\u00a0\u00a0\u00a0 any person to the extent that the dividend constitutes income of that person; or<\/span><\/p>\n

<\/p>\n

(m)\u00a0\u00a0\u00a0 any person to the extent that the dividend was subject to the secondary tax on companies;<\/span><\/p>\n

[Paragraph (m) added by section 86(1)(b) of Act 22 of 2012, amended by section 86(1)(c) of Act 22 of 2012 and section 70 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(n)\u00a0\u00a0\u00a0\u00a0 any fidelity or indemnity fund contemplated in section 10<\/a>(1)(d)(iii); or<\/span><\/p>\n

[Paragraph (n) added by section 86 of Act 22 of 2012, amended by section 70 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(o)\u00a0\u00a0\u00a0\u00a0 a natural person or deceased estate or insolvent estate of that person in respect of a dividend paid in respect of a tax free investment as contemplated in section 12T<\/a>(1).<\/span><\/p>\n

[Paragraph (o) added by section 70 of Act 43 of 2014 effective on 1 March 2015, substituted by section 75 of Act 25 of 2015 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Any dividend paid by a REIT or a controlled company, as defined in section 25BB<\/a>, and received or accrued before 1 January 2014 is exempt from the dividends tax to the extent that the dividend does not consist of a dividend that comprises a distribution of an asset in specie.<\/span><\/p>\n

[Subsection (2) added by section 86 of Act 22 of 2012 and substituted by section 104 of Act 31 of 2013 and section 62 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Section 64F (ITA) - Exemption from tax in respect of dividends other than dividends comprising distribution of assets in specie","collection_order":918,"collection":597,"post_modified":"2020-05-27 19:48:11","post_date":"2015-10-15 12:13:50"},{"ID":"1683","post_content":"

64FA.\u00a0 Exemption from and reduction of tax in respect of dividends in specie<\/em><\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0 \u00a0 Where a company declares and pays a dividend that consists of a distribution of an asset in specie<\/em>, that dividend is exempt from the dividends tax to the extent that it constitutes a distribution of an asset in specie<\/em> if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the person to whom the payment is made has, before the dividend is paid, submitted to the company-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a declaration by the beneficial owner in such form as may be prescribed by the Commissioner that the portion of the dividend that constitutes a distribution of an asset in specie would, if that portion had not constituted a distribution of an asset in specie, have been exempt from the dividends tax in terms of section 64F<\/a> or an agreement for the avoidance of double taxation; and<\/span><\/p>\n

[Subparagraph (i)\u00a0substituted by\u00a0section\u00a017\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 a written undertaking in such form as may be prescribed by the Commissioner to forthwith inform the company in writing should the circumstances affecting the exemption applicable to the beneficial owner referred to in subparagraph (i) change or the beneficial owner cease to be a beneficial owner;<\/span><\/p>\n

[Paragraph (a) amended by section 87(1)(a) of Act 22 of 2012 and by section 6(1)(a) of Act 33 of 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the beneficial owner forms part of the same group of companies, as defined in section 41<\/a>, as that company;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the dividend constitutes a disposal as contemplated in paragraph 51A<\/a> of the Eighth Schedule<\/a>; or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the dividend constitutes a disposal as contemplated in paragraph 67B<\/a>(2) of the Eighth Schedule<\/a>.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0A company that declares and pays a dividend that consists of a distribution of an asset in specie <\/em>is liable for the dividends tax at a reduced rate in respect of the portion of the dividend that constitutes the distribution of an asset in specie <\/em>if the person to whom the payment is made has, before the dividend is paid, submitted to the company\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a declaration by the beneficial owner in such form as may be prescribed by the Commissioner that the portion of the dividend that constitutes a distribution of an asset in specie<\/em> would, if that portion had not constituted a distribution of an asset in specie<\/em>, have been subject to that reduced rate as a result of the application of an agreement for the avoidance of double taxation; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a written undertaking in such form as may be prescribed by the Commissioner to forthwith inform the company in writing should the circumstances affecting the reduced rate applicable to the beneficial owner referred to in paragraph (a) change or the beneficial owner cease to be the beneficial owner.<\/span><\/p>\n

[Sub\u00adsection (2) amended by section 6(1)(b) of Act 33 of 2019. Paragraph (b) substituted by section 87(1)(e) of Act 22 of 2012 deemed effective on 1 April, 2012]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0A declaration and written undertaking submitted in terms of subsection (1)(a<\/em>) or (2) are no longer valid after a period of five years from the date of the declaration, unless the company that is making the payment is subject to the provisions of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the Financial Intelligence Centre Act, 2001 (Act 38 of 2001);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the Agreement Between the Government of the Republic of South Africa and the Government of the United States of America to improve International Tax Compliance and to Implement the US Foreign Account Tax Compliance Act; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the regulations for purposes of paragraph (a<\/em>)\u00a0of the definition of \u201cinternational tax standard\u201d in\u00a0section 1<\/a>\u00a0of the Tax Administration Act<\/a>,<\/span><\/p>\n

<\/p>\n

with regard to the person to whom the payment is made and takes account of these provisions in monitoring the continued validity of the declaration.<\/p>\n

[Subsection\u00a0(3)\u00a0added by\u00a0section 6(1)(c<\/em>)\u00a0of\u00a0Act\u00a033 of 2019\u00a0effective on 1\u00a0July, 2020]<\/span><\/p>\n","post_title":"Section 64FA (ITA) - Exemption from and reduction of tax in respect of dividends in specie","collection_order":919,"collection":597,"post_modified":"2024-01-13 19:52:48","post_date":"2015-10-15 12:13:49"},{"ID":"1685","post_content":"

64G.\u00a0\u00a0\u00a0 Withholding of dividends tax by companies declaring and paying dividends<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to subsections (2) and (3), a company that declares and pays a dividend must withhold an amount of dividends tax from that payment calculated as contemplated in section 64E<\/a> except to the extent that the dividend consists of a distribution of an asset in specie<\/em>.<\/span><\/p>\n

[Sub\u00adsection (1) substituted by section 80(1) of Act 24 of 2011, by section 88(1)(a) of Act 22 of 2012, by section 106(1) of Act 31 of 2013 and by section 45 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A company must not withhold any dividends tax from the payment of a dividend contemplated in subsection (1) if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the person to whom the payment is made has, before the dividend is paid, submitted to the company-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a declaration by the beneficial owner in such form as may be prescribed by the Commissioner that the dividend is exempt from the dividends tax in terms of section 64F<\/a> or an agreement for the avoidance of double taxation; and<\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section\u00a033(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of dividends paid on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a written undertaking in such form as may be prescribed by the Commissioner to forthwith inform the company in writing, should the circumstances affecting the exemption applicable to the beneficial owner referred to in subparagraph (i) change or the beneficial owner cease to be the beneficial owner\u037e<\/span><\/p>\n

[Paragraph (a) amended by section 88(1)(b) of Act 22 of 2012 and substituted by section 7(1)(a) of Act 33 of 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the beneficial owner forms part of the same group of companies, as defined in section 41<\/a>, as the company that paid the dividend; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the payment is made to a regulated intermediary.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0A company must withhold dividends tax from the payment of a dividend contemplated in subsection (1) at a reduced rate if the person to whom the payment is made has, before the dividend is paid, submitted to the company-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a declaration by the beneficial owner in such form as may be prescribed by the Commissioner that the dividend is subject to that reduced rate as a result of the application of an agreement for the avoidance of double taxation\u037e and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a written undertaking in such form as may be prescribed by the Commissioner to forthwith inform the company in writing, should the circumstances affecting the reduced rate in paragraph (a) change or should the beneficial owner cease to be the beneficial owner.<\/span><\/p>\n

[Sub\u00adsection (3) substituted by section 73(1) of Act 7 of 2010, amended by section 88(1)(c) of Act 22 of 2012 and substituted by section 7(1)(b) of Act 33 of 2019]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0A declaration and written undertaking submitted in terms of subsection (2)(a<\/em>) or (3) are no longer valid after a period of five years from the date of the declaration, unless the company that is making the payment is subject to the provisions of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the Financial Intelligence Centre Act, 2001 (Act 38 of 2001);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the Agreement Between the Government of the Republic of South Africa and the Government of the United States of America to improve International Tax Compliance and to Implement the US Foreign Account Tax Compliance Act; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the regulations for purposes of paragraph (a<\/em>)\u00a0of the definition of \u201cinternational tax standard\u201d in\u00a0section 1<\/a>\u00a0of the Tax Administration Act<\/a>,<\/span><\/p>\n

<\/p>\n

with regard to the person to whom the payment is made and takes account of these provisions in monitoring the continued validity of the declaration.<\/p>\n

[Subsection\u00a0(4)\u00a0added by\u00a0section 7(1)(c<\/em>)\u00a0of\u00a0Act\u00a033 of 2019\u00a0effective on 1\u00a0July, 2020]<\/span><\/p>\n","post_title":"Section 64G (ITA) - Withholding of dividends tax by companies declaring and paying dividends","collection_order":920,"collection":597,"post_modified":"2023-01-22 21:30:58","post_date":"2015-10-15 12:13:49"},{"ID":"1687","post_content":"

64H. \u00a0\u00a0\u00a0\u00a0Withholding of dividends tax by regulated intermediaries<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to subsections (2) and (3), a regulated intermediary that pays a dividend that was declared by any other person must withhold an amount of dividends tax from that payment calculated as contemplated in section 64E<\/a> except to the extent that the dividend consists of a distribution of an asset in specie<\/em>.<\/span><\/p>\n

[Sub\u00adsection (1) substituted by section 81(1) of Act 24 of 2011, by section 89(1)(a) of Act 22 of 2012, by section 107(1) of Act 31 of 2013 and by section 46 of Act 34 of 2019]<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0 A regulated intermediary must not withhold any dividends tax from the payment of a dividend contemplated in subsection (1) if-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the person to whom the payment is made has, before the dividend is paid, submitted to the regulated intermediary-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a declaration by the beneficial owner in such form as may be prescribed by the Commissioner that the dividend is exempt from the dividends tax in terms of section 64F or an agreement for the avoidance of double taxation, or that the payment is made to a vesting trust of which the sole beneficiary is another regulated intermediary; and<\/span><\/p>\n

[Subparagraph\u00a0(i)\u00a0substituted by\u00a0section\u00a034(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of dividends paid on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a written undertaking in such form as may be prescribed by the Commissioner to forthwith inform the regulated intermediary in writing, should the circumstances affecting the exemption applicable to the beneficial owner referred to in subparagraph (i) change or should the beneficial owner cease to be the beneficial owner\u037e<\/span><\/p>\n

[Paragraph (a) amended by section 89(1)(b) of Act 22 of 2012, substituted by section 8(1)(a) of Act 33 of 2019 and amended by section 8(1)(b) of Act 33 of 2019]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the payment is made to another regulated intermediary\u037e or<\/span><\/p>\n

[Paragraph (b) amended by section 8(1)(b) of Act 33 of 2019]<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the dividend is exempt from dividends tax in terms of section 64F<\/a>(1)(o).<\/span><\/p>\n

[Paragraph (c) inserted by section 8(1)(c) of Act 33 of 2019]<\/span><\/p>\n

\u00a0<\/p>\n

(3) \u00a0\u00a0\u00a0\u00a0A regulated intermediary must withhold dividends tax from the payment of a dividend contemplated in subsection (1) at a reduced rate if the person to whom the payment is made has, before the dividend is paid, submitted to the regulated intermediary\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a declaration by the beneficial owner in such form as may be prescribed by the Commissioner that the dividend is subject to that reduced rate as a result of the application of an agreement for the avoidance of double taxation; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a written undertaking in such form as may be prescribed by the Commissioner to forthwith inform the regulated intermediary in writing should the circumstances affecting the reduced rate applicable to the beneficial owner referred to in paragraph (a) change or should the beneficial owner cease to be the beneficial owner.<\/span><\/p>\n

[Subsection\u00a0(3)\u00a0substituted by\u00a0section\u00a074(1)\u00a0of\u00a0Act\u00a07 of 2010, amended by\u00a0section\u00a089(1)(c)\u00a0of\u00a0Act\u00a022 of 2012 and substituted by\u00a0section\u00a08(1)(d)\u00a0of\u00a0Act\u00a033 of 2019]<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0A declaration and written undertaking submitted in terms of subsection (2)(a) or (3) are no longer valid after a period of five years from the date of the declaration, unless the regulated intermediary is subject to the provisions of-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the Financial Intelligence Centre Act, 2001 (Act 38 of 2001);<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the Agreement Between the Government of the Republic of South Africa and the Government of the United States of America to improve International Tax Compliance and to Implement the US Foreign Account Tax Compliance Act; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the regulations for purposes of paragraph (a) of the definition of \u201cinternational tax standard\u201d in section 1<\/a> of the Tax Administration Act<\/a>,<\/span><\/p>\n

\u00a0<\/p>\n

with regard to the person to whom the payment is made and takes account of these provisions in monitoring the continued validity of the declaration.<\/p>\n

[Subsection\u00a0(4)\u00a0added by\u00a0section 8(1)(e<\/em>)\u00a0of\u00a0Act\u00a033 of 2019\u00a0effective on 1\u00a0July, 2020]<\/span><\/p>\n","post_title":"Section 64H (ITA) - Withholding of dividends tax by regulated intermediaries","collection_order":921,"collection":597,"post_modified":"2023-01-22 21:38:17","post_date":"2015-10-15 12:13:49"},{"ID":"1689","post_content":"

64I.\u00a0\u00a0\u00a0\u00a0\u00a0 Withholding of dividends tax by insurers<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

If a dividend, to the extent that the dividend does not consist of a distribution of an asset in specie<\/em>, is paid to an insurer as defined in section 29A<\/a>, the insurer must be deemed to be a regulated intermediary and the dividend must, to the extent that the dividend is allocated to a fund contemplated in section 29A<\/a>(4)(b), be deemed to be paid to a natural person that is a resident by the regulated intermediary on the date that the dividend is paid to the insurer.<\/p>\n","post_title":"Section 64I (ITA) - Withholding of dividends tax by insurers","collection_order":922,"collection":597,"post_modified":"2023-01-22 21:44:20","post_date":"2015-10-15 12:13:49"},{"ID":"1691","post_content":"

64J.\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/strong><\/p>\n

[Section 64J amended by\u00a0section 83 of Act 24 of 2011,\u00a0section 90 of Act 22 of 2012,\u00a0section 108 of Act 31 of 2013 and section 126 of Act 43 of 2014\u00a0and repealed by section 63 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Section 64J (ITA) - STC credit","collection_order":923,"collection":597,"post_modified":"2021-02-10 09:27:05","post_date":"2015-10-15 12:13:49"},{"ID":"1693","post_content":"

64K.\u00a0\u00a0\u00a0 Payment and recovery of tax<\/span><\/strong><\/p>\n

<\/p>\n

(1)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 If, in terms of section 64EA<\/a>(a), a beneficial owner is liable for any amount of dividends tax in respect of a dividend, that beneficial owner must pay that amount to the Commissioner by the last day of the month following the month during which that dividend is paid by the company that declared the dividend, unless the tax has been paid by any other person.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 If, in terms of section 64EA<\/a>(b), a company is liable for any amount of dividends tax in respect of a dividend, that company must pay that amount to the Commissioner by the last day of the month following the month during which that dividend is paid by the company.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 If, in terms of this Part, a person is required to withhold any amount of dividends tax in respect of a dividend, that person must pay that amount, less any amount refundable in terms of section 64L<\/a> or 64M<\/a>, to the Commissioner by the last day of the month following the month during which that dividend is paid by that person as contemplated in section 64G<\/a> or 64H<\/a>.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (d) deleted by section 5 of Act 44 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(1A)\u00a0\u00a0 If, in terms of this Part a person has paid a dividend, that person must submit a return in respect of that dividend to the Commissioner by the last day of the month following the month during which the dividend is paid.<\/span><\/p>\n

[Subsection (1A) inserted by section 5 of Act 44 of 2014, amended by section 4 of Act 23 of 2015 and section 3 of Act 16 of 2016 and substituted by section 4 of Act 13 of 2017 and section 1 of Act 22 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026..<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 Where a person-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0has, in terms of section 64G<\/a>(2)(a) or 64H<\/a>(2)(a), withheld no dividends tax in respect of the payment of any dividend, or in terms of section 64G<\/a>(3) or 64H<\/a>(3), withheld dividends tax in accordance with a reduced rate in respect of the payment of any dividend; or<\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a018(a)\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that is a company which was, in terms of section 64FA<\/a>(1)(a), not liable for dividends tax, or in terms of section 64FA<\/a>(2), liable for dividends tax at a reduced rate in respect of the declaration and payment of any dividend,<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a018(b)\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n

<\/p>\n

that person must submit to the Commissioner any declaration-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 submitted to the person by or on behalf of a beneficial owner; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 relied upon by the person in determining the amount of dividends tax so withheld,<\/span><\/p>\n

<\/p>\n

at the time and in the manner prescribed by the Commissioner.<\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 If a person fails to pay any dividends tax within the required period, interest must be paid by that person on the balance of the tax outstanding at the prescribed rate reckoned from the end of that period.<\/span><\/p>\n","post_title":"Section 64K (ITA) - Payment and recovery of tax","collection_order":924,"collection":597,"post_modified":"2024-01-13 19:53:03","post_date":"2015-10-15 12:13:49"},{"ID":"1695","post_content":"

64L.\u00a0\u00a0\u00a0\u00a0 Refund of tax in respect of dividends declared and paid by companies<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Notwithstanding the provisions of Chapter 13<\/a> of the Tax Administration Act<\/a>, if-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an amount is withheld by a company from the payment of a dividend in terms of section 64G<\/a>(1);<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a declaration contemplated in subsection (2)(a) or (3) of that section in respect of that dividend is not submitted to the company by the date contemplated in the relevant subsection; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 both the declaration and the written undertaking contemplated in section 64G<\/a>(2)(a) or (3) are submitted to the company within three years after the date of payment of the dividend in respect of which they are made,<\/span><\/p>\n

[Paragraph (c) substituted by section 15 of Act 21 of 2012 and section 5 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n

so much of that amount as would not have been withheld had that declaration been submitted by the date contemplated in the relevant subsection is refundable to the person to whom the dividend was paid.<\/p>\n

\u00a0<\/p>\n

(1A)\u00a0\u00a0\u00a0 If-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an amount is withheld by a company from the payment of a dividend in terms of section 64G<\/a>(1); and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a rebate in respect of foreign taxes paid on that dividend should have been deducted from that amount in terms of section 64N<\/a>,<\/span><\/p>\n

\u00a0<\/p>\n

so much of that amount as would not have been withheld had that rebate been deducted from the amount, is refundable to the person to whom the dividend was paid: Provided such rebate is claimed within three years after the date of payment of the relevant dividend.<\/p>\n

[Words following paragraph (b) substituted by section 5 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n

\u00a0<\/p>\n

(2) \u00a0 \u00a0 Any amount that is refundable in terms of subsection (1) or (1A) must be refunded by the company that withheld that amount to the person to whom the dividend was paid-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 from any amount of dividends tax withheld by that company within a period of one year after the submission of the declaration contemplated in subsection (1)(c) or the claim of a rebate contemplated in subsection (1A); or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 to the extent that the amount that is refundable exceeds the amount of dividends tax withheld as contemplated in paragraph (a), from an amount recovered by the company from the Commissioner in terms of subsection (3).<\/span><\/p>\n

\u00a0<\/p>\n

(3) \u00a0 \u00a0 Subject to subsection (4), if any amount is refundable to any person by a company in terms of subsection (1) or (1A) and that amount exceeds the amount of dividends tax withheld as contemplated in subsection (2)(a), the company contemplated in subsection (2) may recover the excess from the Commissioner.<\/span><\/p>\n

\u00a0<\/p>\n

(4) \u00a0 \u00a0 No amount may be recovered in terms of subsection (3) if the company submits the claim for recovery to the Commissioner after the expiry of a period of four years reckoned from the date of the payment contemplated in subsection (1)(a) or (1A)(a).<\/span><\/p>\n","post_title":"Section 64L (ITA) - Refund of tax in respect of dividends declared and paid by companies","collection_order":925,"collection":597,"post_modified":"2023-01-22 21:43:52","post_date":"2015-10-15 12:13:49"},{"ID":"11266","post_content":"

64LA. \u00a0 Refund of tax in respect of dividends in specie<\/strong><\/p>\n

<\/p>\n

Notwithstanding the provisions of Chapter 13<\/a> of the Tax Administration Act<\/a>, if-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0dividends tax is paid by a company in respect of a dividend that consists of a distribution of an asset in specie as a result of the company being unable to obtain the declaration and written undertaking contemplated in section 64FA<\/a>(1)(a) or (2) by the date contemplated in that section; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0both the declaration and the written undertaking are submitted to the company within three years after the date of payment of the dividend in respect of which they are made,<\/span><\/p>\n

[Paragraph (b)\u00a0substituted by\u00a0section\u00a06\u00a0of\u00a0Act 13 of 2017\u00a0and by\u00a0section\u00a04\u00a0of\u00a0Act\u00a021 of 2021]<\/span><\/p>\n

<\/p>\n

so much of the amount of dividends tax paid as would not have been payable had that declaration and written undertaking been submitted by the date contemplated in section 64FA<\/a>(1)(a) or (2) is refundable to the company by SARS if claimed within three years of the date of payment of the tax.<\/p>\n

[Section 64LA inserted by section 6 of Act 44 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"Section 64LA (ITA) - Refund in respect of dividends in specie","collection_order":926,"collection":597,"post_modified":"2023-01-22 21:39:34","post_date":"2017-06-15 09:50:10"},{"ID":"1697","post_content":"

64M.\u00a0\u00a0\u00a0 Refund of tax in respect of dividends paid by regulated intermediaries<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Notwithstanding the provisions of Chapter 13<\/a> of the Tax Administration Act<\/a>, if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an amount is withheld by a regulated intermediary from the payment of a dividend in terms of section 64H<\/a>(1);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a declaration contemplated in subsection (2)(a) or (3) of that section in respect of that dividend is not submitted to the regulated intermediary by the date contemplated in the relevant subsection; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 both the declaration and the written undertaking contemplated in section 64H<\/a> (2)(a) or (3) are submitted to the regulated intermediary within three years after the date of payment of the dividend in respect of which they are made,<\/span><\/p>\n

[Paragraph (c) substituted by section 16 of Act 21 of 2012 and section 7 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

so much of that amount as would not have been withheld had that declaration been submitted by the date contemplated in the relevant subsection is refundable to the person to whom the dividend was paid.<\/p>\n

<\/p>\n

(1A)\u00a0 If-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an amount is withheld by a regulated intermediary from the payment of a dividend in terms of section 64H<\/a>(1); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a rebate in respect of foreign taxes paid on that dividend should have been deducted from that amount in terms of section 64N<\/a>,<\/span><\/p>\n

<\/p>\n

so much of that amount as would not have been withheld had that rebate been deducted from the amount, is refundable to the person to whom the dividend was paid: Provided such rebate is claimed within three years after the date of payment of the relevant dividend.<\/p>\n

[Words following paragraph (b) substituted by section 7 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(2) \u00a0\u00a0\u00a0\u00a0Any amount that is refundable in terms of subsection (1) or (1A) to the person to whom the dividend was paid must be refunded by the regulated intermediary that withheld the amount contemplated in subsection (1)(a) or (1A)(a)-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0from any amount of dividends tax withheld by the regulated intermediary within a period of one year after the submission of the declaration as contemplated in subsection (1)(c) or the claim of a rebate contemplated in subsection (1A) or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent that the amount that is refundable exceeds the amount of dividends tax withheld as contemplated in paragraph (a), from an amount recovered by the regulated intermediary from the Commissioner in terms of subsection (3).<\/span><\/p>\n

[Subsection\u00a0(2)\u00a0substituted by\u00a0section\u00a016(1)(c)\u00a0of\u00a0Act\u00a021 of 2012\u00a0and by\u00a0section\u00a04(a)\u00a0of\u00a0Act\u00a016 of 2022]<\/span><\/p>\n

<\/p>\n

(3) \u00a0\u00a0\u00a0\u00a0Subject to subsection (4), if any amount is refundable to any person by a regulated intermediary in terms of subsection (1) or (1A) and that amount exceeds the amount of dividends tax withheld as contemplated in subsection (2)(a), the regulated intermediary contemplated in subsection (2) may recover the excess from the Commissioner.<\/span><\/p>\n

[Subsection\u00a0(3)\u00a0added by\u00a0section\u00a04(b)\u00a0of\u00a0Act\u00a016 of 2022]<\/span><\/p>\n

<\/p>\n

(4) \u00a0\u00a0\u00a0\u00a0No amount may be recovered in terms of subsection (3) if the regulated intermediary submits the claim for recovery to the Commissioner after the expiry of a period of four years reckoned from the date of the payment contemplated in subsection (1)(a) or (1A)(a).<\/span><\/p>\n

[Subsection (4) added by section 4(b) of Act 16 of 2022]<\/span><\/span><\/p>\n

[Section 64M inserted by section 53(1) of Act 17 of 2009 effective on 1 April, 2012: Government Notice No. 1073 in Government Gazette 34873 of 20 December, 2011 and applicable in respect of any dividend declared and paid on or after that date (effective date in section 53(2) of Act 17 of 2009 as substituted by section 148 of Act 7 of 2010)] <\/span><\/p>\n","post_title":"Section 64M (ITA) - Refund of tax in respect of dividends paid by regulated intermediaries","collection_order":927,"collection":597,"post_modified":"2024-01-13 19:53:17","post_date":"2015-10-15 12:13:49"},{"ID":"1699","post_content":"

64N.\u00a0\u00a0\u00a0 Rebate in respect of foreign taxes on dividends<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A rebate determined in accordance with this section must be deducted from the dividends tax payable in respect of a dividend contemplated in paragraph (b) of the definition of \u2018dividend\u2019 in section 64D<\/a>.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The amount of the rebate contemplated in subsection (1) is equal to the amount of any tax paid to any sphere of government of any country other than the Republic, without any right of recovery by any person, on a dividend contemplated in subsection (1).<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The amount of the rebate contemplated in subsection (2) must not exceed the amount of the dividends tax imposed in respect of the dividend contemplated in subsection (1).<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section, the amount of any tax paid as contemplated in subsection (2) must be translated to the currency of the Republic by applying the exchange rate used to convert the amount of the dividend in respect of which that tax is paid to the currency of the Republic.<\/span><\/p>\n

\u00a0<\/p>\n

(5) \u00a0 \u00a0 A company or regulated intermediary must obtain proof of any tax paid to any sphere of government of any country other than the Republic and deducted from the dividends tax payable in terms of this section, in the form and manner prescribed by the Commissioner.<\/span><\/p>\n","post_title":"Section 64N - Rebate in respect of foreign taxes on dividends","collection_order":928,"collection":597,"post_modified":"2017-01-14 20:04:24","post_date":"2015-10-15 12:13:49"},{"ID":"1701","post_content":"

<\/span><\/strong><\/span><\/strong><\/p>\n

CHAPTER III<\/strong><\/p>\n

GENERAL PROVISIONS\u00a0<\/strong><\/p>\n","post_title":"CHAPTER III - GENERAL PROVISIONS","collection_order":929,"collection":597,"post_modified":"2017-05-25 14:42:00","post_date":"2015-04-19 11:46:58"},{"ID":"1703","post_content":"

PART I<\/strong><\/p>\n

Returns<\/strong><\/p>\n

\u00a0<\/p>\n

65.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"PART I - Returns (ITA)","collection_order":930,"collection":597,"post_modified":"2019-02-23 19:32:25","post_date":"2015-10-15 12:13:49"},{"ID":"1705","post_content":"

66. \u00a0 \u00a0 Notice by Commissioner requiring returns for assessment of normal tax under this Act<\/span> <\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The Commissioner must annually give public notice of the persons who are required by the Commissioner to furnish returns for the assessment of normal tax within the period prescribed in that notice.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The Commissioner may, prior to the issue of any such annual notice, require any person by notice in writing to render interim returns for any period he may designate in such notice, and may proceed to make an assessment in respect of that period.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(5A)\u00a0 Any person who is not in terms of this section required to furnish a return in respect of any year of assessment may for the purpose of having that person\u2019s liability for normal tax determined on assessment furnish such a return within three years after the end of such year of assessment.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(11)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(12)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(13)\u00a0\u00a0 The return for normal tax to be made by any person in respect of any year of assessment shall be a return \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a person (other than a company), for the whole period of twelve months ending upon the last day of February: Provided that where-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a person dies, a return shall be made for the period commencing on the first day of that period and ending on the date of death;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the estate of a person is sequestrated, separate returns must be made for the periods-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0commencing on the first day of that period and ending on the date preceding the date of sequestration; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0commencing on the date of sequestration and ending on the last day of that period; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0a person ceases to be a resident, a return shall be made for the period commencing on the first day of that period and ending on the day preceding the date that the person ceases to be a resident; or.<\/span><\/p>\n

[Paragraph (a) amended by section 61 of Act 45 of 2003 and section 271 of Act 28 of 2011 and substituted by section 2 of Act 22 of 2018 effective on 17 January 2019]<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of a company, for the whole period of the relevant financial year of that company comprising the year of assessment.<\/span><\/p>\n


<\/span><\/p>\n

: Provided that where a company ceases to be a resident, a return shall be made for the period commencing on the first day of that financial year and ending on the day preceding the date that the company ceases to be a resident.<\/p>\n

<\/p>\n

(13A) Where \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 it is established to the satisfaction of the Commissioner that the whole or any portion of the income of any person to whom the provisions of subsection (13)(a) apply cannot be conveniently returned for any year of assessment, the Commissioner may, subject to such conditions as he or she may impose, accept accounts in respect of the whole or a portion of the taxpayer\u2019s income drawn to a date agreed to by the Commissioner, whether for a longer or shorter period than the year of assessment under charge, and the income disclosed in any such accounts must be deemed to be income of that person in respect of that year under charge;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any such accounts are drawn to a date later than the last day of the year of assessment, no further regard shall be had to the income disclosed by those accounts for purposes of any subsequent year of assessment;<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any such accounts are drawn to a date falling within the year of assessment and the person concerned dies or his or her estate is sequestrated during the interim period between that date and the last day of the year of assessment, any income received by or accrued to that person during that interim period must be deemed to be part of that person\u2019s income for the year of assessment.<\/span><\/p>\n

<\/p>\n

(13B) For the purposes of subsections (13A) and (13C), the word \u2018income\u2019 must be construed as including any aggregate capital gain or aggregate capital loss.<\/span><\/p>\n

<\/p>\n

(13C) Where \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a company does not close its accounts on the last day of its financial year, the Commissioner may accept accounts in respect of the taxpayer\u2019s income drawn to a fixed day approved by the Commissioner, which day shall fall within 10 days before or after the last day of the financial year;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 such accounts are drawn to a date later than the last day of the year of assessment, no further regard shall be had to the income disclosed by those accounts for purposes of a subsequent year of assessment.<\/span><\/p>\n","post_title":"Section 66 (ITA) - Notice by Commissioner requiring returns for assessment of normal tax under this Act","collection_order":931,"collection":597,"post_modified":"2020-05-27 19:48:43","post_date":"2015-10-15 12:13:49"},{"ID":"1707","post_content":"

67. \u00a0 \u00a0 Registration as taxpayer<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

(1) \u00a0 \u00a0 Every person who at any time becomes liable for any normal tax or who becomes liable to submit any return contemplated in section 66<\/a> must apply to the Commissioner to be registered as a taxpayer in accordance with Chapter 3<\/a> of the Tax Administration Act<\/a>.<\/span><\/p>\n

\u00a0<\/strong><\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Section 67 - Registration as taxpayer","collection_order":932,"collection":597,"post_modified":"2017-01-14 20:38:20","post_date":"2015-10-15 12:13:49"},{"ID":"1709","post_content":"

68. \u00a0 \u00a0 Income and capital gain of married persons and minor children<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Any \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 income received by or accrued to or in favour of any person married in or out of community of property which in terms of section 7<\/a>(2) is deemed to be income received by or accrued to such person\u2019s spouse; or<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 capital gain which is in terms of paragraph 68<\/a> of the Eighth Schedule<\/a> taken into account in the determination of the aggregate capital gain or aggregate capital loss of such person\u2019s spouse,<\/span><\/p>\n


<\/span><\/p>\n

shall be included by such spouse in returns of income required to be rendered by that spouse under this Act.<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 In the event of the death of any person during any year in respect of which such income is chargeable or in which such capital gain is taken into account, the income or capital gain of such person\u2019s spouse for the period elapsing between the date of such death and the last day of the year of assessment shall be returned as the separate income of such spouse.<\/span><\/p>\n

\u00a0<\/p>\n

(3)<\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 Every parent shall be required to include in his return \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any income received by or accrued to or in favour of any of that parent\u2019s minor children either directly or indirectly from that parent; or<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any capital gain or capital loss in respect of any transaction entered into directly or indirectly by that parent, which is taken into account in the determination of the aggregate capital gain or aggregate capital loss of any of that parent\u2019s minor children,<\/span><\/p>\n


<\/span><\/p>\n

together with such particulars as may be required by the Commissioner.<\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Every parent shall be required to include in that parent\u2019s return any income deemed to be that parent\u2019s income in terms of subsection (3) or (4) of section 7<\/a> or any capital gain deemed to be that parent\u2019s capital gain in terms of paragraph 69<\/a> of the Eighth Schedule<\/a>.<\/span><\/p>\n

\u00a0<\/p>\n

69.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

70.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

71.\u00a0 \u2026\u2026\u2026..<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

72.\u00a0 \u2026\u2026\u2026..<\/span><\/strong><\/p>\n","post_title":"Section 68 (ITA) - Income and capital gain of married persons and minor children","collection_order":933,"collection":597,"post_modified":"2019-02-23 19:34:50","post_date":"2015-10-15 12:13:49"},{"ID":"1711","post_content":"

72A.\u00a0\u00a0\u00a0 Return relating to controlled foreign company<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Every resident who on the last day of the foreign tax year of a controlled foreign company or immediately before a foreign company ceases to be a controlled foreign company directly or indirectly, together with any connected person in relation to that resident, holds at least 10 per cent of the participation rights in any controlled foreign company (otherwise than indirectly through a company which is a resident), must submit to the Commissioner a return.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A resident must have available for submission to the Commissioner when so requested, a copy of the financial statements of the controlled foreign company for the relevant foreign tax year of that controlled foreign company.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where a person in respect of any year of assessment fails to comply with the provisions of-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 subsection (2) and no reasonable grounds exist either for that failure which is outside the control of the person or for that person to believe that such person was not subject to that requirement-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the proportional amount which must be included in the income of that person in terms of section 9D<\/a> for that year shall be determined with reference only to the receipts and accruals of the controlled foreign company; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the provisions of section 6quat<\/a> shall not apply in respect of any tax proved to be payable to the government of any other country with respect to the proportional amount of the net income of that controlled foreign company which is included in the income of that person in terms of section 9D<\/a>.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

73.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

74.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

75.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

76.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Section 72A (ITA) - Returns relating to controlled foreign company","collection_order":934,"collection":597,"post_modified":"2019-02-23 19:35:02","post_date":"2015-10-15 12:13:49"},{"ID":"24240","post_content":"

PART IA<\/span><\/strong><\/span><\/p>\n

Advance Pricing Agreements<\/span><\/strong><\/span><\/p>\n


<\/span><\/strong><\/span><\/p>\n


<\/span><\/strong><\/span><\/p>\n

76A\u00a0\u00a0\u00a0\u00a0\u00a0Definitions<\/span><\/strong><\/span><\/p>\n

<\/p>\n

In this Part, unless the context otherwise indicates-<\/span><\/p>\n","post_title":"Section 76A (ITA) \u2013 Definitions","collection_order":935,"collection":597,"post_modified":"2024-01-13 23:05:59","post_date":"2024-01-08 21:32:37"},{"ID":"24273","post_content":"

\u201cadvance pricing agreement\u201d\u00a0<\/strong>means-<\/span><\/p>\n


<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a DTA advance pricing agreement; and<\/span><\/span><\/p>\n


<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a unilateral advance pricing agreement;<\/span><\/span><\/p>\n","post_title":"\u201cAdvance pricing agreement\u201d definition of section 76A of ITA","collection_order":936,"collection":597,"post_modified":"2024-01-13 19:59:11","post_date":"2024-01-08 21:34:57"},{"ID":"24275","post_content":"

\u201cadvance pricing agreement application\u201d\u00a0<\/strong>means an application by a person to the Commissioner under section 76F<\/a>(1) to enter into an advance pricing agreement;<\/span><\/p>\n","post_title":"\u201cAdvance pricing agreement application\u201d definition of section 76A of ITA","collection_order":937,"collection":597,"post_modified":"2024-01-13 20:00:08","post_date":"2024-01-08 21:52:41"},{"ID":"24277","post_content":"

\u201caffected transaction\u201d\u00a0<\/strong>means an affected transaction, as defined in\u00a0section 31<\/a>, excluding\u00a0paragraph (b)\u00a0of the definition;<\/span><\/p>\n","post_title":"\u201cAffected transaction\u201d definition of section 76A of ITA","collection_order":938,"collection":597,"post_modified":"2024-01-13 20:01:17","post_date":"2024-01-08 21:52:36"},{"ID":"24279","post_content":"

\u201caffected party\u201d\u00a0<\/strong>means a person that is a party to an affected transaction;<\/span><\/p>\n","post_title":"\u201cAffected party\u201d definition of section 76A of ITA","collection_order":939,"collection":597,"post_modified":"2024-01-13 20:02:02","post_date":"2024-01-08 21:52:33"},{"ID":"24281","post_content":"

\u201cagreement for the avoidance of double taxation\u201d\u00a0<\/strong>means an agreement under\u00a0section 108<\/a>\u00a0that contains Articles that are the same as, or similar to, Article 9(2) and Article 25(3), as amended from time to time, of the\u00a0Model Tax Convention on Income and on Capital of the Organisation for Economic Co-operation and Development;<\/span><\/p>\n","post_title":"\u201cAgreement for the avoidance of double taxation\u201d definition of section 76A of ITA","collection_order":940,"collection":597,"post_modified":"2024-01-13 20:06:40","post_date":"2024-01-08 21:38:08"},{"ID":"24283","post_content":"

\u201capplicant\u201d\u00a0<\/strong>means a person who submits an advance pricing agreement application to SARS;<\/span><\/p>\n","post_title":"\u201cApplicant\u201d definition of section 76A of ITA","collection_order":941,"collection":597,"post_modified":"2024-01-13 20:06:49","post_date":"2024-01-08 21:52:28"},{"ID":"24285","post_content":"

\u201carm\u2019s length allocation\u201d\u00a0<\/strong>means an allocation of the profit in an affected transaction that would have been the allocation of the profit if the affected parties had been independent persons dealing at arm\u2019s length with each other;<\/span><\/p>\n","post_title":"\u201cArm\u2019s length allocation\u201d definition of section 76A of ITA","collection_order":942,"collection":597,"post_modified":"2024-01-13 20:06:45","post_date":"2024-01-08 21:40:27"},{"ID":"24287","post_content":"

\u201carm\u2019s length transfer price\u201d\u00a0<\/strong>means a transfer price in an affected transaction that would have been the transfer price if the affected parties had been independent persons dealing at arm\u2019s length with each other;<\/span><\/p>\n","post_title":"\u201cArm\u2019s length transfer price\u201d definition of section 76A of ITA","collection_order":943,"collection":597,"post_modified":"2024-01-13 20:06:36","post_date":"2024-01-08 21:42:04"},{"ID":"24289","post_content":"

\u201ccompetent authority\u201d\u00a0<\/strong>is an official in a country who is authorised by the government of the country to administer an agreement for the avoidance of double taxation that the Republic is a party to, and includes a person duly delegated by that official to perform the role;<\/span><\/p>\n","post_title":"\u201cCompetent authority\u201d definition of section 76A of ITA","collection_order":944,"collection":597,"post_modified":"2024-01-13 20:06:54","post_date":"2024-01-08 21:42:53"},{"ID":"24291","post_content":"

\u201ccountry of residence\u201d\u00a0<\/strong>is the country in which a person is considered to be a resident, after the application of an agreement for the avoidance of double taxation;<\/span><\/p>\n","post_title":"\u201cCountry of residence\u201d definition of section 76A of ITA","collection_order":945,"collection":597,"post_modified":"2024-01-13 20:07:40","post_date":"2024-01-08 21:43:47"},{"ID":"24293","post_content":"

\u201cDTA advance pricing agreement\u201d\u00a0<\/strong>means an agreement between an applicant and the competent authority of the Republic, in consultation with the competent authority of another country, which has an agreement for the avoidance of double taxation with the Republic, regarding the application of\u00a0section 31<\/a>\u00a0to an affected transaction in which the applicant is an affected party;<\/span><\/p>\n","post_title":"\u201cDTA advance pricing agreement\u201d definition of section 76A of ITA","collection_order":946,"collection":597,"post_modified":"2024-01-13 20:08:15","post_date":"2024-01-08 21:44:17"},{"ID":"24296","post_content":"

\u201ctransfer price\u201d\u00a0<\/strong>means the price at which persons trade a service, tangible property or intangible property with each other across international borders;<\/span><\/p>\n","post_title":"\u201cTransfer price\u201d definition of section 76A of ITA","collection_order":947,"collection":597,"post_modified":"2024-01-13 20:10:52","post_date":"2024-01-08 21:45:18"},{"ID":"24298","post_content":"

\u201ctransfer pricing method\u201d\u00a0<\/strong>means a transfer pricing method referred to in the\u00a0OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, as amended from time to time;<\/span><\/p>\n","post_title":"\u201cTransfer pricing method\u201d definition of section 76A of ITA","collection_order":948,"collection":597,"post_modified":"2024-01-13 20:10:48","post_date":"2024-01-08 21:46:04"},{"ID":"24300","post_content":"

\u201cunilateral advance pricing agreement\u201d\u00a0<\/strong>means an agreement between an applicant and the Commissioner regarding the application of\u00a0section 31<\/a>\u00a0to an affected transaction in which the applicant is an affected party.<\/span><\/p>\n

[Section\u00a076A\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"\u201cUnilateral advance pricing agreement\u201d definition of section 76A of ITA","collection_order":949,"collection":597,"post_modified":"2024-01-13 20:10:43","post_date":"2024-01-08 21:46:47"},{"ID":"24242","post_content":"

76B\u00a0\u00a0\u00a0\u00a0Purpose<\/span><\/strong><\/span><\/p>\n


<\/span><\/p>\n

The purpose of this Part is to promote tax certainty in respect of an affected transaction that will prevent or minimise double taxation and associated dispute resolution procedures.<\/span><\/p>\n

[Section 76B\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76B (ITA) \u2013 Purpose","collection_order":950,"collection":597,"post_modified":"2024-01-13 20:11:22","post_date":"2024-01-08 21:19:36"},{"ID":"24244","post_content":"

76C\u00a0\u00a0\u00a0\u00a0 Persons eligible to apply<\/span><\/strong><\/span><\/p>\n


<\/p>\n

The Commissioner may prescribe, by public notice, the persons eligible to apply to the Commissioner for an advance pricing agreement.<\/span><\/p>\n

[Section 76C\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76C (ITA) \u2013 Persons","collection_order":951,"collection":597,"post_modified":"2024-01-13 20:12:00","post_date":"2024-01-08 21:20:15"},{"ID":"24246","post_content":"

76D\u00a0\u00a0\u00a0\u00a0 Fees for advance pricing agreements<\/span><\/strong><\/span><\/p>\n


<\/span><\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0In order to defray the costs of administering the advance pricing agreement system, the Commissioner may, by public notice, prescribe fees payable by an applicant, including-<\/span><\/span><\/p>\n


<\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a pre-application consultation fee;<\/span><\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an application fee;<\/span><\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a cost recovery fee for processing an advance pricing agreement application; and<\/span><\/span><\/p>\n


<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0fees associated with the maintenance or extension of an existing agreement.<\/span><\/span><\/p>\n


<\/span><\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0An applicant must pay the fees in subsection (1) based on an invoice issued by SARS.<\/span><\/span><\/p>\n


<\/span><\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0SARS may retain the fees referred to in subsection (1), or a portion thereof, if it rejects an advance pricing agreement application or terminates the agreement.<\/span><\/span><\/p>\n


<\/span><\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0The fees imposed under this section constitute fees imposed by SARS in terms of section 5(1)(h) of the SARS Act and constitute funds of SARS within the meaning of section 24 of that Act.<\/span><\/span><\/p>\n

[Section 76D\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76D (ITA) \u2013 Fees for advance pricing agreements","collection_order":952,"collection":597,"post_modified":"2024-01-13 20:14:20","post_date":"2024-01-08 21:32:32"},{"ID":"24271","post_content":"

76E\u00a0\u00a0\u00a0\u00a0 Pre-application consultation<\/span><\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0A prospective applicant must request a pre-application consultation meeting, in the prescribed form and manner.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner must arrange a pre-application consultation meeting with the prospective applicant after receipt of a valid request under subsection (1).<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The pre-application consultation meeting must-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0identify the affected parties, the relationship between the parties, and their countries of residence;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0discuss the most recent annual financial statements of the prospective applicant;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0discuss the affected transaction that will form part of the advance pricing agreement;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0discuss the most appropriate transfer pricing method to apply to the affected transaction;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a DTA advance pricing agreement, discuss if the prospective applicant or another affected party has consulted with the competent authority of the other country that will be party to an affected transaction;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0discuss the applicable fees in section 76D<\/a>; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0\u00a0determine further information that may be required from the prospective applicant.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may notify the prospective applicant that the prospective applicant may submit an advance pricing agreement application after-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the pre-application consultation meeting; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a potential DTA advance pricing agreement application, after consultation with the competent authority of the other country that will be party to an affected transaction.<\/span><\/span><\/p>\n

[Section 76E\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76E (ITA) \u2013 Pre-application consultation","collection_order":953,"collection":597,"post_modified":"2024-01-13 20:18:19","post_date":"2024-01-08 21:31:42"},{"ID":"24249","post_content":"

76F\u00a0\u00a0\u00a0\u00a0\u00a0 Application for advance pricing agreement<\/span><\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0A prospective applicant may submit an advance pricing agreement application after receiving notification from the Commissioner under section 76E<\/a>(4).<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0If there is more than one applicant in respect of an advance pricing agreement, the applicants must join their applications into a joint application and designate one representative for the applicants.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(3) \u00a0\u00a0\u00a0\u00a0An advance pricing agreement application must be made in the prescribed form and manner.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(4) \u00a0\u00a0\u00a0\u00a0After considering an application for a DTA advance pricing agreement, the competent authority of the Republic must enter into discussions with the competent authority of the other country, which will be party to an affected transaction, on the feasibility of entering into the agreement with the applicant.<\/span><\/span><\/p>\n

[Section 76F\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76F (ITA) \u2013 Application for advance pricing agreement","collection_order":954,"collection":597,"post_modified":"2024-01-13 20:20:21","post_date":"2024-01-08 21:32:27"},{"ID":"24251","post_content":"

76G\u00a0\u00a0\u00a0\u00a0\u00a0 Amendments to advance pricing agreement application<\/span><\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0An applicant may make a written request to the Commissioner for an amendment to an advance pricing agreement application submitted to the Commissioner.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may allow the amendment to the advance pricing agreement application if the amendment does not have the effect of materially altering the nature of the application that was originally submitted.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The amendment will be considered only if the applicant agrees to, and pays, an additional cost recovery fee in terms of section 76D<\/a>(1)(c) that is invoiced in terms of section 76D<\/a>(2).<\/span><\/span><\/p>\n

[Section 76G\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76G (ITA) \u2013 Amendments to advance pricing agreement application","collection_order":955,"collection":597,"post_modified":"2024-01-13 20:23:21","post_date":"2024-01-08 21:32:22"},{"ID":"24253","post_content":"

76H\u00a0\u00a0\u00a0\u00a0\u00a0 Withdrawal of advance pricing agreement application<\/span><\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0An applicant may withdraw an advance pricing agreement application before the notification under section 76J<\/a>(4) or 76J<\/a>(7).<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0The withdrawal does not absolve an applicant from the liability for fees that are due and payable in terms of section 76D<\/a>.<\/span><\/span><\/p>\n

[Section 76H\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76H (ITA) \u2013 Withdrawal of advance pricing agreement application","collection_order":956,"collection":597,"post_modified":"2024-01-13 23:07:20","post_date":"2024-01-08 21:32:17"},{"ID":"24255","post_content":"

76I\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Rejection of advance pricing agreement application<\/span><\/strong><\/span><\/p>\n


<\/span><\/p>\n

The Commissioner may reject an advance pricing agreement application if the application does not meet-<\/span><\/p>\n


<\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the requirements of this Part; and<\/span><\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0such additional requirements as the Commissioner may prescribe by public notice.<\/span><\/span><\/p>\n

[Section 76I\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76I (ITA) \u2013 Rejection of advance pricing agreement application","collection_order":957,"collection":597,"post_modified":"2024-01-13 20:26:27","post_date":"2024-01-08 21:32:14"},{"ID":"24257","post_content":"

76J\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Processing of advance pricing agreement application<\/span><\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Once the Commissioner accepts the advance pricing agreement application, the Commissioner must process the application in accordance with the requirements as prescribed, by public notice, by the Commissioner.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner must, in writing, inform the applicant at 90-day intervals, commencing on receipt of the advance pricing agreement application referred to in section 76F<\/a>(1), of the progress made in processing the advance pricing agreement application, and must issue invoices for purposes of section 76D<\/a>(2) with the progress reports.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0Based on the information provided in the advance pricing agreement application, the Commissioner must prepare a preliminary advance pricing agreement containing such information as may be prescribed, by public notice, by the Commissioner.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0In the case of a unilateral advance pricing agreement, the Commissioner must send the preliminary agreement to the applicant to accept or reject the agreement.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0In the case of a DTA advance pricing agreement, the Commissioner must send the preliminary agreement to the competent authority of the other country, which will be party to an affected transaction in the agreement, for the competent authority to consider if it is in agreement with the position adopted in the agreement, after taking into account the agreement for the avoidance of double taxation with that country.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner must, in writing, notify the applicant once subsection (5) has been complied with.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0If the competent authority in subsection (5) agrees, in writing, to the position adopted in the preliminary agreement, the Commissioner must send the preliminary agreement to the applicant to accept or reject the agreement.<\/span><\/span><\/p>\n

[Section 76J\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76J (ITA) \u2013 Processing of advance pricing agreement application","collection_order":958,"collection":597,"post_modified":"2024-01-13 20:29:09","post_date":"2024-01-08 21:32:10"},{"ID":"24259","post_content":"

76K\u00a0\u00a0\u00a0\u00a0\u00a0 Finalisation of advance pricing agreement<\/span><\/strong><\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0If an applicant accepts the preliminary advance pricing agreement in terms of section 76J<\/a>(4) or 76J<\/a>(7), the applicant must sign the agreement and return it to the Commissioner.<\/span><\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0At least two SARS officials delegated to do so, one of whom is the competent authority of the Republic in the case of a DTA advance pricing agreement, must sign the preliminary advance pricing agreement once subsection (1) has been complied with.<\/span><\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0Once subsection (2) has been complied with, the Commissioner must send the advance pricing agreement to the applicant and, in the case of a DTA advance pricing agreement, also to the competent authority of the other country referred to in section 76J<\/a>(5).<\/span><\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0An advance pricing agreement will come into effect once subsections (1), (2) and (3) have been complied with.<\/span><\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0The advance pricing agreement is applicable for up to a maximum of five consecutive years of assessment, commencing on the day after the end of the year of assessment in which the associated advance pricing agreement application is received by the Commissioner.<\/span><\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0Based on a specific request by the applicant in an advance pricing agreement application, the Commissioner may allow the associated advance pricing agreement to be applicable for up to a maximum of three consecutive years of assessment, ending on the last day of the year of assessment in which the advance pricing agreement application is received by the Commissioner: Provided that the advance pricing agreement will not result in a cumulative decrease in taxable income or increase in assessed loss for the years of assessment.<\/span><\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0The total duration in subsection (6) will be in addition to the total duration in subsection (5).<\/span><\/span><\/p>\n

[Section 76K\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76K (ITA) \u2013 Finalisation of advance pricing agreement","collection_order":959,"collection":597,"post_modified":"2024-01-27 22:25:33","post_date":"2024-01-08 21:32:07"},{"ID":"24261","post_content":"

76L\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Compliance report<\/span><\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0An applicant that is party to an advance pricing agreement must submit a compliance report to the Commissioner for each of the years of assessment referred to in sections 76K<\/a>(5) and 76M<\/a>(3) by no later than the day by which the return for each year of assessment must be submitted.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0The compliance report must be in the prescribed form and manner, and must include the following information\u2014<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0Any changes to the information provided in the advance pricing agreement application subsequent to submitting the application;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0details of an affected transaction in the advance pricing agreement that has been concluded or is in the process of being concluded; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0confirmation and a demonstration of compliance with the terms and conditions of the advance pricing agreement.<\/span><\/span><\/p>\n

[Section 76L\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76L (ITA) \u2013 Compliance report","collection_order":960,"collection":597,"post_modified":"2024-01-13 20:34:39","post_date":"2024-01-08 21:32:02"},{"ID":"24263","post_content":"

76M\u00a0\u00a0\u00a0\u00a0\u00a0Extension of advance pricing agreement<\/span><\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0The applicant that is party to an advance pricing agreement may, not less than 60 days before the end of the last of the years of assessment referred to in section 76K<\/a>(5), request the Commissioner to extend the agreement.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0The request under subsection (1) must be in the prescribed form and manner and must include the following information\u2014<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0Any changes to the information provided in the advance pricing agreement application subsequent to submitting the application;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0confirmation that all terms and conditions of the existing advance pricing agreement have been complied with; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any changes that must be taken into account in the extended advance pricing agreement, such as economic, technical, product, industry or geographical developments.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may extend the advance pricing agreement, in writing, for a period that does not exceed three consecutive years of assessment, commencing on the day after the end of the last of the years of assessment referred to in section 76K<\/a>(5).<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Sections 76F<\/a>, 76G<\/a>, 76H<\/a>, 76I<\/a>, 76J<\/a> and 76K<\/a> apply with the necessary changes required for the extension of an advance pricing agreement.<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may reject a request to extend an advance pricing agreement and may require the requestor to submit a new advance pricing agreement application.<\/span><\/span><\/p>\n

[Section 76M\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76M (ITA) \u2013 Extension of advance pricing agreement","collection_order":961,"collection":597,"post_modified":"2024-01-13 20:39:15","post_date":"2024-01-08 21:31:57"},{"ID":"24265","post_content":"

76N\u00a0\u00a0\u00a0\u00a0\u00a0Termination of advance pricing agreement<\/span><\/strong><\/span><\/p>\n


<\/span><\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0A party to an advance pricing agreement may choose to terminate the agreement prospectively by informing, in writing, the other parties to the agreement of the grounds for the termination.<\/span><\/span><\/p>\n


<\/span><\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may, in writing, terminate an advance pricing agreement prospectively if-<\/span><\/span><\/p>\n


<\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0there is an amendment to the legislation on which the agreement is based, unless the general interpretation upon which the agreement was based is unaffected by the amendment;<\/span><\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0there is a change to the agreement for the avoidance of double taxation on which the agreement is based, unless the general interpretation upon which the agreement was based is unaffected by the change; or<\/span><\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a court overturns or modifies an interpretation of the legislation on which the agreement is based, unless-<\/span><\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the judgment is under appeal;<\/span><\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the judgment is fact-specific and the general interpretation upon which the agreement was based is unaffected; or<\/span><\/span><\/p>\n


<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0the reference to the interpretation upon which the agreement was based was obiter dicta; or<\/span><\/span><\/p>\n


<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0the applicant that is party to the agreement failed to comply with the terms and conditions of the agreement.<\/span><\/span><\/p>\n


<\/span><\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may, in writing, terminate an advance pricing agreement retrospectively if-<\/span><\/span><\/p>\n


<\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0it was issued in error, and if-<\/span><\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the applicant that is party to the advance pricing agreement has not yet commenced an affected transaction in the agreement or has not yet incurred significant costs in respect of the affected transaction;<\/span><\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a person, other than the applicant that is party to the advance pricing agreement, will suffer a significant tax disadvantage if the agreement is not terminated; or<\/span><\/span><\/p>\n


<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0the effect of the agreement will materially erode the tax base of the Republic;<\/span><\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any of the critical assumptions is breached and the breach is not remedied within a period acceptable to the Commissioner;<\/span><\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0an affected transaction was carried out in a materially different manner from that disclosed in the advance pricing agreement application; or<\/span><\/span><\/p>\n


<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0there is fraud, misrepresentation or non-disclosure of a material fact by the applicant that is party to the advance pricing agreement.<\/span><\/span><\/p>\n


<\/span><\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0A party to an advance pricing agreement must, in writing, inform other parties to the agreement within 30 days of becoming aware of a condition in subsection (2) or (3) that may result in the termination of the agreement.<\/span><\/span><\/p>\n


<\/span><\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0A party that chooses to terminate an advance pricing agreement must first provide the other parties to the agreement with notice, in writing, of the proposed termination of the agreement, the grounds for the proposed termination and provide a reasonable opportunity to the other parties to make representations prior to the decision to terminate the agreement.<\/span><\/span><\/p>\n


<\/span><\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner must, in writing, inform all parties to an advance pricing agreement of the effective date from which the agreement has been terminated.<\/span><\/span><\/p>\n

[Section 76N\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76N (ITA) \u2013 Termination of advance pricing agreement","collection_order":962,"collection":597,"post_modified":"2024-01-13 20:45:55","post_date":"2024-01-08 21:31:53"},{"ID":"24267","post_content":"

76O\u00a0\u00a0\u00a0\u00a0\u00a0Record retention<\/span><\/strong><\/span><\/p>\n


<\/p>\n

In addition to the records required under a tax Act, the applicant that is party to an advance pricing agreement must maintain the records that will enable the Commissioner to determine if the applicant is complying with the agreement.<\/span><\/p>\n

[Section 76O\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76O (ITA) \u2013 Record retention","collection_order":963,"collection":597,"post_modified":"2024-01-13 20:45:59","post_date":"2024-01-08 21:31:49"},{"ID":"24269","post_content":"

76P\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Procedures and guidelines<\/span><\/strong><\/span><\/p>\n


<\/span><\/p>\n

The Commissioner may, by public notice, specify procedures and guidelines for the implementation and operation of the advance pricing agreement system.<\/span><\/p>\n

[Section 76P\u00a0inserted by\u00a0section 10\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n","post_title":"Section 76P (ITA) \u2013 Procedures and guidelines","collection_order":964,"collection":597,"post_modified":"2024-01-13 20:45:51","post_date":"2024-01-08 21:31:45"},{"ID":"1713","post_content":"

PART II<\/strong><\/p>\n

Assessments<\/strong><\/p>\n

\u00a0<\/span><\/p>\n

77.\u00a0 \u2026\u2026\u2026.<\/strong><\/span><\/p>\n

\u00a0<\/strong><\/p>\n

78.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

79.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

80.\u00a0 \u2026\u2026\u2026..<\/span><\/strong><\/p>\n","post_title":"PART II - Assessments (ITA)","collection_order":965,"collection":597,"post_modified":"2019-02-23 19:33:42","post_date":"2015-10-15 12:13:49"},{"ID":"1715","post_content":"

Part IIA<\/b><\/p>\n

Tax Avoidance<\/strong><\/p>\n","post_title":"PART IIA - Tax Avoidance (ITA)","collection_order":966,"collection":597,"post_modified":"2019-02-23 19:32:36","post_date":"2015-10-15 12:13:49"},{"ID":"1717","post_content":"

80A.\u00a0\u00a0\u00a0 Impermissible tax avoidance arrangements<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

An avoidance arrangement is an impermissible avoidance arrangement if its sole or main purpose was to obtain a tax benefit and \u2013<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the context of business \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 it was entered into or carried out by means or in a manner which would not normally be employed for bona fide <\/em>business purposes, other than obtaining a tax benefit; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 it lacks commercial substance, in whole or in part, taking into account the provisions of section 80C;<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(b) \u00a0 \u00a0 in a context other than business, it was entered into or carried out by means or in a manner which would not normally be employed for a bona fide<\/em> purpose, other than obtaining a tax benefit; or<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(c) \u00a0 \u00a0 \u00a0in any context \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 it has created rights or obligations that would not normally be created between persons dealing at arm\u2019s length; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 it would result directly or indirectly in the misuse or abuse of the provisions of this Act (including the provisions of this Part).<\/span><\/p>\n","post_title":"Section 80A (ITA) - Impermissible tax avoidance arrangements","collection_order":967,"collection":597,"post_modified":"2019-02-23 19:35:15","post_date":"2015-10-15 12:13:49"},{"ID":"1719","post_content":"

80B.\u00a0\u00a0\u00a0\u00a0 Tax consequences of impermissible tax avoidance<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The Commissioner may determine the tax consequences under this Act of any impermissible avoidance arrangement for any party by \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 disregarding, combining, or re-characterising any steps in or parts of the impermissible avoidance arrangement;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 disregarding any accommodating or tax-indifferent party or treating any accommodating or tax-indifferent party and any other party as one and the same person;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 deeming persons who are connected persons in relation to each other to be one and the same person for purposes of determining the tax treatment of any amount;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 reallocating any gross income, receipt or accrual of a capital nature, expenditure or rebate amongst the parties;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 re-characterising any gross income, receipt or accrual of a capital nature or expenditure; or<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 treating the impermissible avoidance arrangement as if it had not been entered into or carried out, or in such other manner as in the circumstances of the case the Commissioner deems appropriate for the prevention or diminution of the relevant tax benefit.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Subject to the time limits imposed by sections 99<\/a>, 100<\/a> and 104<\/a>(5)(b) of the Tax Administration Act<\/a>, the Commissioner must make compensating adjustments that he or she is satisfied are necessary and appropriate to ensure the consistent treatment of all parties to the impermissible avoidance arrangement.<\/span><\/p>\n","post_title":"Section 80B (ITA) - Tax consequences of impermissible tax avoidance","collection_order":968,"collection":597,"post_modified":"2019-02-23 19:35:22","post_date":"2015-10-15 12:13:49"},{"ID":"1721","post_content":"

80C.\u00a0\u00a0\u00a0 Lack<\/strong> of commercial substance<\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For purposes of this Part, an avoidance arrangement lacks commercial substance if it would result in a significant tax benefit for a party (but for the provisions of this Part) but does not have a significant effect upon either the business risks or net cash flows of that party apart from any effect attributable to the tax benefit that would be obtained but for the provisions of this Part,<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For purposes of this Part, characteristics of an avoidance arrangement that are indicative of a lack of commercial substance include but are not limited to \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the legal substance or effect of the avoidance arrangement as a whole is inconsistent with, or differs significantly from, the legal form of its individual steps; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the inclusion or presence of \u2013<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 round trip financing as described in section 80D<\/a>; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an accommodating or tax indifferent party as described in section 80E<\/a>; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 elements that have the effect of offsetting or cancelling each other.<\/span><\/p>\n","post_title":"Section 80C (ITA) - Lack of commercial substance","collection_order":969,"collection":597,"post_modified":"2019-02-23 19:35:30","post_date":"2015-10-15 12:13:49"},{"ID":"1723","post_content":"

80D.\u00a0\u00a0\u00a0 Round trip financing<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Round trip financing includes any avoidance arrangement in which \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 funds are transferred between or among the parties (round tripped amounts); and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the transfer of the funds would \u2013<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 result, directly or indirectly, in a tax benefit but for the provisions of this Part; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 significantly reduce, offset or eliminate any business risk incurred by any party in connection with the avoidance arrangement.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 This section applies to any round tripped amounts without regard to \u2013<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 whether or not the round tripped amounts can be traced to funds transferred to or received by any party in connection with the avoidance arrangement;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the timing or sequence in which round tripped amounts are transferred or received; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the means by or manner in which round tripped amounts are transferred or received,<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section, the term \u2018funds\u2019 includes any cash, cash equivalents or any right or obligation to receive or pay the same.<\/span><\/p>\n","post_title":"Section 80D (ITA) - Round trip financing","collection_order":970,"collection":597,"post_modified":"2019-02-23 19:35:38","post_date":"2015-10-15 12:13:49"},{"ID":"1725","post_content":"

80E.\u00a0\u00a0\u00a0\u00a0 Accommodating or tax-indifferent parties<\/span><\/strong><\/p>\n","post_title":"Section 80E (ITA) - Accommodating or tax-indifferent parties","collection_order":971,"collection":597,"post_modified":"2019-02-23 19:32:48","post_date":"2015-10-15 12:13:49"},{"ID":"1730","post_content":"

(1) \u00a0 \u00a0 A party to an avoidance arrangement is an accommodating or tax-indifferent party if \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any amount derived by the party in connection with the avoidance arrangement is either \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 not subject to normal tax; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 significantly offset either by any expenditure or loss incurred by the party in connection with that avoidance arrangement or any assessed loss of that party; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 either \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 as a direct or indirect result of the participation of that party an amount that would have \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 been included in the gross income (including the recoupment of any amount) or receipts or accruals of a capital nature of another party would be included in the gross income or receipts or accruals of a capital nature of that party; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 constituted a non-deductible expenditure or loss in the hands of another party would be treated as a deductible expenditure by that other party; or<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0 constituted revenue in the hands of another party would be treated as capital by that other party; or<\/span><\/p>\n

\u00a0<\/p>\n

(dd)\u00a0\u00a0 given rise to taxable income to another party would either not be included in gross income or be exempt from normal tax; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the participation of that party directly or indirectly involves a prepayment by any other party,<\/span><\/p>\n","post_title":"\"Accommodating or tax-indifferent party\" definition of section 80E of ITA","collection_order":972,"collection":597,"post_modified":"2019-02-23 19:33:01","post_date":"2015-10-15 12:13:49"},{"ID":"1732","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 A person may be an accommodating or tax-indifferent party whether or not that person is a connected person in relation to any party,<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The provisions of this section do not apply if either \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amounts derived by the party in question are cumulatively subject to income tax by one or more spheres of government of countries other than the Republic which is equal to at least two-thirds of the amount of normal tax which would have been payable in connection with those amounts had they been subject to tax under this Act; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the party in question continues to engage directly in substantive active trading activities in connection with the avoidance arrangement for a period of at least 18 months: Provided these activities must be attributable to a place of business, place, site, agricultural land, vessel, vehicle, rolling stock or aircraft that would constitute a foreign business establishment as defined in section 9D<\/a>(1) if it were located outside the Republic and the party in question were a controlled foreign company.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 For the purposes of subsection (3)(a), the amount of tax imposed by another country must be determined after taking into account any applicable agreements for the prevention of double taxation and any assessed loss, credit or rebate to which the party in question may be entitled or any other right of recovery to which that party or any connected person in relation to that party may be entitled.<\/span><\/p>\n","post_title":"Subsections 2, 3 and 4 of section 80E of ITA","collection_order":973,"collection":597,"post_modified":"2019-02-09 22:37:42","post_date":"2015-04-19 12:18:44"},{"ID":"1727","post_content":"

80F.\u00a0\u00a0\u00a0\u00a0 Treatment of connected persons and accommodating or tax-indifferent parties<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

For the purposes of applying section 80C<\/a> or determining whether or not a tax benefit exists for purposes of this Part, the Commissioner may \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 treat parties who are connected persons in relation to each other as one and the same person; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 disregard any accommodating or tax-indifferent party or treat any accommodating or tax-indifferent party and any other party as one and the same person.<\/span><\/p>\n","post_title":"Section 80F (ITA) - Treatment of connected persons and accommodating or tax-indifferent parties","collection_order":974,"collection":597,"post_modified":"2019-02-23 19:33:10","post_date":"2015-10-15 12:13:49"},{"ID":"1737","post_content":"

80G.\u00a0\u00a0\u00a0 Presumption of purpose<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 An avoidance arrangement is presumed to have been entered into or carried out for the sole or main purpose of obtaining a tax benefit unless and until the party obtaining a tax benefit proves that, reasonably considered in light of the relevant facts and circumstances, obtaining a tax benefit was not the sole or main purpose of the avoidance arrangement.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The purpose of a step in or part of an avoidance arrangement may be different from a purpose attributable to the avoidance arrangement as a whole.<\/span><\/p>\n","post_title":"Section 80G (ITA) - Presumption of purpose","collection_order":975,"collection":597,"post_modified":"2019-02-23 19:35:47","post_date":"2015-10-15 12:13:49"},{"ID":"1739","post_content":"

80H.\u00a0\u00a0\u00a0 Application to steps in or parts of an arrangement<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

The Commissioner may apply the provisions of this Part to steps in or parts of an arrangement.<\/p>\n","post_title":"Section 80H (ITA) - Application to steps in or parts of an arrangement","collection_order":976,"collection":597,"post_modified":"2019-02-23 19:33:18","post_date":"2015-10-15 12:13:49"},{"ID":"1741","post_content":"

80I.\u00a0\u00a0\u00a0\u00a0\u00a0 Use in the alternative<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

The Commissioner may apply the provisions of this Part in the alternative for or in addition to any other basis for raising an assessment.<\/p>\n","post_title":"Section 80I (ITA) - Use in the alternative","collection_order":977,"collection":597,"post_modified":"2019-02-23 19:35:54","post_date":"2015-10-15 12:13:49"},{"ID":"1743","post_content":"

80J.\u00a0\u00a0\u00a0\u00a0 Notice<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The Commissioner must, prior to determining any liability of a party for tax under section 80B<\/a>, give the party notice that he or she believes that the provisions of this Part may apply in respect of an arrangement and must set out in the notice his or her reasons therefor.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A party who receives notice in terms of subsection (1) may, within 60 days after the date of that notice or such longer period as the Commissioner may allow, submit reasons to the Commissioner why the provisions of this Part should not be applied.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The Commissioner must within 180 days of receipt of the reasons or the expiry of the period contemplated in subsection (2) \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 request additional information in order to determine whether or not this Part applies in respect of an arrangement;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 give notice to the party that the notice in terms of subsection (1) has been withdrawn; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 determine the liability of that party for tax in terms of this Part.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 If at any stage after giving notice to the party in terms of subsection (1), additional information comes to the knowledge of the Commissioner, he or she may revise or modify his or her reasons for applying this Part or, if the notice has been withdrawn, give notice in terms of subsection (1).<\/span><\/p>\n","post_title":"Section 80J (ITA) - Notice","collection_order":978,"collection":597,"post_modified":"2019-02-23 19:36:02","post_date":"2015-10-15 12:13:49"},{"ID":"1745","post_content":"

80K.\u00a0\u00a0\u00a0 Interest<\/span><\/strong><\/p>\n

<\/p>\n

Where the Commissioner has applied this Part in determining a party\u2019s liability for tax, the Commissioner may not exercise his or her discretion in terms of section 89quat\ufeff<\/a>(3) or (3A) to direct that interest is not payable in respect of that portion of any tax which is attributable to the application of this Part.<\/p>\n","post_title":"Section 80K (ITA) - Interest","collection_order":979,"collection":597,"post_modified":"2021-02-10 18:50:31","post_date":"2015-10-15 12:13:49"},{"ID":"1747","post_content":"

80L.\u00a0\u00a0\u00a0\u00a0 Definitions<\/span><\/strong><\/p>\n","post_title":"Section 80L (ITA) - Definitions","collection_order":980,"collection":597,"post_modified":"2019-02-23 22:21:00","post_date":"2015-10-15 12:13:49"},{"ID":"1749","post_content":"

For purposes of this Part \u2013<\/span><\/p>\n

\u00a0<\/p>\n

\u2018arrangement\u2019<\/strong> means any transaction, operation, scheme, agreement or understanding (whether enforceable or not), including all steps therein or parts thereof, and includes any of the foregoing involving the alienation of property;<\/p>\n","post_title":"\"Arrangement\" definition of section 80L of ITA","collection_order":981,"collection":597,"post_modified":"2019-02-23 19:36:17","post_date":"2015-10-15 12:13:49"},{"ID":"1751","post_content":"

\u2018avoidance arrangement\u2019<\/strong> means any arrangement that, but for this Part, results in a tax benefit;<\/p>\n","post_title":"\"Avoidance arrangement\" definition of section 80L of ITA","collection_order":982,"collection":597,"post_modified":"2019-02-23 19:36:23","post_date":"2015-10-15 12:13:49"},{"ID":"1753","post_content":"

\u2018impermissible avoidance arrangement\u2019<\/strong> means any avoidance arrangement described in section 80A<\/a>;<\/p>\n","post_title":"\"Impermissible avoidance arrangement\" definition of section 80L of ITA","collection_order":983,"collection":597,"post_modified":"2019-02-23 22:11:43","post_date":"2015-10-15 12:13:49"},{"ID":"1756","post_content":"

\u2018party\u2019<\/strong> means any \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 person;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 permanent establishment in the Republic of a person who is not a resident;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 permanent establishment outside the Republic of a person who is a resident;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 partnership; or<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 joint venture,<\/span><\/p>\n

\u00a0<\/p>\n

who participates or takes part in an arrangement;<\/p>\n","post_title":"\"Party\" definition of section 80L of ITA","collection_order":984,"collection":597,"post_modified":"2019-02-23 19:33:25","post_date":"2015-10-15 12:13:49"},{"ID":"1758","post_content":"

\u2018tax\u2019<\/strong> includes any tax, levy or duty imposed by this Act or any other Act administered by the Commissioner;<\/p>\n","post_title":"\"Tax\" definition of section 80L of ITA","collection_order":985,"collection":597,"post_modified":"2019-02-23 22:20:25","post_date":"2015-10-15 12:13:49"},{"ID":"1760","post_content":"

PART III<\/strong><\/p>\n

Objections and Appeals<\/strong><\/p>\n

<\/p>\n

81.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

<\/p>\n

82.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

83.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

84.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

85.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

86.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

87.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

88\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Payment of tax pending objection and appeal<\/span><\/strong><\/p>\n


<\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/p>\n

[Subsection (1)\u00a0repealed by\u00a0section\u00a0271\u00a0read with\u00a0paragraph 66\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011]<\/span><\/p>\n

<\/p>\n

(2) \u00a0\u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/p>\n

[Subsection (2)\u00a0repealed by\u00a0section\u00a0271\u00a0read with\u00a0paragraph 66\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011]<\/span><\/p>\n

<\/p>\n

(3) \u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/p>\n

[Subsection (3)\u00a0repealed by\u00a0section\u00a0271\u00a0read with\u00a0paragraph 66\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011]<\/span><\/p>\n

<\/p>\n

(4) \u00a0\u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/p>\n

[Subsection (4)\u00a0repealed by\u00a0section\u00a0271\u00a0read with\u00a0paragraph 66\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011]<\/span><\/p>\n

<\/p>\n

(5) \u00a0\u00a0\u00a0\u00a0Where any assessment is altered in accordance with\u2014<\/span><\/p>\n


<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an objection or appeal;<\/span><\/p>\n


<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a decision by a court of law under section 86A; or<\/span><\/p>\n


<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a decision by the Commissioner to concede the appeal to the tax board or the tax court or that court of law,<\/span><\/p>\n


<\/p>\n

a due adjustment must be made, amounts paid in excess refunded with interest at the prescribed rate, the interest being calculated from the date that excess was received by the Commissioner to the date the refunded tax is paid, and amounts short-paid being recoverable with interest calculated as provided in\u00a0section 89.<\/p>\n


<\/p>\n

(6) \u00a0\u00a0\u00a0\u00a0The payment by the Commissioner of any interest under the provisions of this section shall be deemed to be a drawback from revenue charged to the National Revenue Fund.<\/span><\/p>\n


<\/p>\n

(7) \u00a0\u00a0\u00a0\u00a0The provisions of section 102(3) apply mutatis mutandis in respect of any amount refundable and any interest payable by the Commissioner under this section.<\/span><\/p>\n

[Section 88\u00a0amended by\u00a0section 12\u00a0of\u00a0Act 6 of 1963, substituted by\u00a0section 44\u00a0of\u00a0Act 85 of 1974, amended by\u00a0section 25\u00a0of\u00a0Act 103 of 1976\u00a0and by\u00a0section 24(1)\u00a0of\u00a0Act\u00a091 of 1982, substituted by\u00a0section 30(1)\u00a0of\u00a0Act 121 of 1984, by\u00a0section\u00a017(1)\u00a0of\u00a0Act 70 of 1989\u00a0and by\u00a0section 40\u00a0of\u00a0Act 113 of 1993, amended by\u00a0section 14(1)\u00a0of\u00a0Act 140 of 1993, by\u00a0section\u00a060(1)\u00a0of\u00a0Act\u00a060 of 2001, by\u00a0section\u00a014\u00a0of\u00a0Act 32 of 2005\u00a0and by\u00a0section\u00a017(1)\u00a0of\u00a0Act\u00a04 of 2008\u00a0and substituted by\u00a0section\u00a013(1)\u00a0of\u00a0Act\u00a018 of 2009\u00a0effective on 1\u00a0February, 2011 and applicable to all amounts payable by or to the Commissioner on or after such date, and where payment was already suspended on such date, that suspension will lapse on the earlier of the expiry date thereof or six months from the date so determined by the Minister -\u00a0section 13\u00a0of\u00a0Act\u00a018 of 2009\u00a0pending repeal by\u00a0section\u00a0271\u00a0read with\u00a0paragraph 196\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011\u00a0superseded by repeal of\u00a0section\u00a088(5)-(7) of this Act by\u00a0section\u00a0271\u00a0read with\u00a0paragraph 66\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011]<\/span><\/p>\n","post_title":"PART III - Objections and Appeals (ITA)","collection_order":986,"collection":597,"post_modified":"2021-03-07 16:01:56","post_date":"2015-04-19 12:50:33"},{"ID":"1762","post_content":"

PART IV<\/strong><\/p>\n

Payment and recovery of tax<\/strong><\/p>\n","post_title":"PART IV - Payment and Recovery of Tax of ITA","collection_order":987,"collection":597,"post_modified":"2019-02-23 19:33:33","post_date":"2015-10-15 12:13:49"},{"ID":"1764","post_content":"

89. \u00a0 \u00a0 Appointment of day for payment of tax and interest on overdue payments<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 If the taxpayer fails to pay any tax in full within the period for payment notified by the Commissioner in the notice of assessment or within the period for payment prescribed by this Act, as the case may be, interest shall, unless the Commissioner having regard to the circumstances of the case grants an extension of such period and otherwise directs, be paid by the taxpayer at the prescribed rate on the outstanding balance of such tax in respect of each completed month (reckoned from the date for payment specified in the notice of assessment or the date on which the tax has become payable in terms of this Act, as the case may be) during which any portion of the tax has remained unpaid.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Section 89 (ITA) - Appointment of day for payment of tax and interest on overdue payments","collection_order":988,"collection":597,"post_modified":"2024-01-13 20:48:08","post_date":"2015-10-15 12:13:49"},{"ID":"1766","post_content":"

89bis.\u00a0\u00a0\u00a0\u00a0 Payments of employees\u2019 tax and provisional tax and interest on overdue payments of <\/strong>such taxes<\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0If any amount of employees\u2019 tax is not paid in full within the period of seven days prescribed for payment of such amount by paragraph 2<\/a>(1) of the Fourth Schedule<\/a>, or if any amount of provisional tax is not paid in full within the relevant period prescribed for payment of such amount by paragraph 21<\/a>, 23<\/a>, 23A<\/a> or 25<\/a>(1) of that Schedule, interest shall, unless the Commissioner having regard to the circumstances of the case otherwise directs, be paid by the person liable to pay the amount in question at the prescribed rate (but subject to the provisions of section 89quin) on so much of such amount as remains unpaid in respect of the period (reckoned from the end of the relevant period prescribed as aforesaid for payment of such amount) during which the amount underpaid remains unpaid.<\/span><\/span><\/p>\n

[Subsection (2)\u00a0amended by\u00a0section 26(1)\u00a0of\u00a0Act 91 of 1982, by\u00a0section 32(1)\u00a0of\u00a0Act 121 of 1984\u00a0and by\u00a0section 21\u00a0of\u00a0Act 65 of 1986\u00a0and substituted by\u00a0section 11\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

89ter.\u00a0 <\/strong>\u2026\u2026\u2026.<\/strong><\/span><\/p>\n

\u00a0<\/p>\n","post_title":"Section 89bis (ITA) - Payments of employees' tax and provisional tax and interest on overdue payments on such taxes","collection_order":989,"collection":597,"post_modified":"2024-01-13 20:51:26","post_date":"2015-04-19 12:55:20"},{"ID":"1770","post_content":"

89quat. \u00a0 \u00a0 Interest on underpayments and overpayments of provisional tax<\/span><\/strong><\/p>\n


<\/span><\/strong><\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this section\u00a0-<\/em><\/span><\/em><\/p>\n","post_title":"Section 89quat (ITA) - Interest on underpayments and overpayments of provisional tax","collection_order":990,"collection":597,"post_modified":"2020-03-13 11:14:28","post_date":"2015-10-15 12:13:49"},{"ID":"17498","post_content":"

\u201ccredit amount\u201d<\/strong>, in relation to any year of assessment of any provisional taxpayer, means the sum of\u00a0-<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the provisional tax paid by the taxpayer under the provisions of\u00a0paragraph 21<\/a>, or\u00a023<\/a>\u00a0of the\u00a0Fourth Schedule<\/a>\u00a0in respect of such year;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any additional provisional tax paid by the taxpayer in respect of such year under the provisions of paragraph\u00a023A<\/a>\u00a0of that Schedule;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any amounts of employees tax deducted or withheld by the taxpayer\u2019s employer during such year; and<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0any amount of foreign taxes which may be deducted from the tax payable by such taxpayer in respect of the relevant year of assessment in terms of the provisions of\u00a0section 6quat<\/a>;<\/span><\/p>\n","post_title":"\"Credit amount\" definition of section 89quat of ITA","collection_order":991,"collection":597,"post_modified":"2019-01-27 19:55:56","post_date":"2019-01-27 19:30:04"},{"ID":"17500","post_content":"

\u201ceffective date\u201d<\/strong>, in relation to any year of assessment of a provisional taxpayer, means\u00a0-<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0where the provisional taxpayer is a company which has a year of assessment which ends on the last day of February or is a person (other than a company) who has not been granted permission by the Commissioner under the provisions of\u00a0section 66<\/a>(13A) to render accounts for a period ending on a date other than the last day of February, the date falling seven months after the last day of such year; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0in any other case, the date falling six months after the last day of such year as applicable for the purposes of the provisions of\u00a0paragraph 21<\/a>\u00a0or\u00a023<\/a>\u00a0of the\u00a0Fourth Schedule<\/a>;<\/span><\/p>\n","post_title":"\"Effective date\" definition of section 89quat of ITA","collection_order":992,"collection":597,"post_modified":"2019-01-27 19:59:22","post_date":"2019-01-27 19:36:19"},{"ID":"17502","post_content":"

\u201cnormal tax\u201d<\/strong>\u00a0includes any additional amounts payable in terms of\u00a0section 76\u00a0and\u00a0paragraph 20<\/a>\u00a0of the Fourth Schedule<\/a>.<\/p>\n

[Definition of \u201cnormal tax\u201d added by section 42 of Act 113 of 93 and substituted by section 3 of Act 22 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"\"Normal tax\" definition of section 89quat of ITA","collection_order":993,"collection":597,"post_modified":"2020-05-27 19:49:00","post_date":"2019-01-27 19:36:16"},{"ID":"17504","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 If the taxable income of any provisional taxpayer as finally determined for any year of assessment exceeds \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 R20 000 in the case of a company; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 R50 000 in the case of any person other than a company,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

and the normal tax payable by him in respect of such taxable income exceeds the credit amount in relation to such year, interest shall, subject to the provisions of subsection (3), be payable by the taxpayer at the prescribed rate on the amount by which such normal tax exceeds the credit amount, such interest being calculated from the effective date in relation to the said year until the date of assessment of such normal tax.<\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where the Commissioner having regard to the circumstances of the case is satisfied that the interest payable in terms of subsection (2) is a result of circumstances beyond the control of the taxpayer, the Commissioner may direct that interest shall not be paid in whole or in part by the taxpayer.<\/span><\/p>\n

<\/p>\n

(3A)\u00a0 Where any natural person has, in respect of the year of assessment during which he for the first time became a provisional taxpayer, become liable for the payment of interest under subsection (2), the Commissioner may, subject to the provisions of section 103<\/a>(6), if he is satisfied that the circumstances warrant such action, direct that interest shall not be paid by such person in respect of such year of assessment.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 If in the case of any provisional taxpayer the credit amount in relation to any year of assessment exceeds the normal tax payable in respect of his taxable income as finally determined for that year and \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount of that excess exceeds R10 000; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 such taxable income exceeds \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 R20 000 in the case of a company; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 R50 000 in the case of any person other than a company,<\/span><\/p>\n

\u00a0<\/span><\/p>\n

interest shall be payable to the taxpayer at the prescribed rate on the difference between the credit amount and such normal tax, such interest being calculated from the effective date in relation to the said year until the date on which such difference is refunded to the taxpayer: Provided that where any interest is payable to the taxpayer on any amount in respect of any period in terms of the provisions of section 88, no interest shall be payable to the taxpayer in terms of the provisions of this subsection in respect of the said amount and period.<\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 The payment by the Commissioner of any interest under the provisions of this section shall be deemed to be a drawback from revenue charged to the National Revenue Fund.<\/span><\/p>\n","post_title":"Subsection 2 to 6 of section 89quat of ITA","collection_order":994,"collection":597,"post_modified":"2019-01-27 19:51:14","post_date":"2019-01-27 19:38:40"},{"ID":"1772","post_content":"

89quin. \u00a0 \u00a0 Calculation of interest payable under this Act<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any interest is payable under the provisions of sections 88, 89<\/a>, 89bis<\/a> or 89quat<\/a>;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the rate at which such interest is payable has with effect from any date been altered; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 such interest is payable in respect of any period or any number of completed months which commenced before the said date,<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

the interest to be determined in respect of that portion of such period which ended immediately before the said date or in respect of any such completed months which commenced before the said date shall be calculated as if the said rate had not been so altered.<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The Commissioner may prescribe by notice in the Gazette<\/em> that any interest payable under this Act is calculated on the daily balance owing and compounded monthly, and such method of determining interest will apply to such tax types and from such date as the Commissioner may prescribe.<\/span><\/p>\n","post_title":"Section 89quin (ITA) - Calculation of interest payable under this Act","collection_order":995,"collection":597,"post_modified":"2020-03-13 11:14:54","post_date":"2015-10-15 12:13:49"},{"ID":"1774","post_content":"

90. \u00a0 \u00a0 Persons by whom normal tax payable<\/strong><\/p>\n

\u00a0<\/p>\n

Subject to the provisions of this Act and the Tax Administration Act<\/a>, any normal tax is payable\u00a0by the person by whom any taxable income is received or to whom or in whose favour it accrues or who is legally entitled to the receipt thereof<\/p>\n

\u00a0<\/p>\n

Provided that any person may recover so much of the taxation paid by him under this Act as is due to the inclusion in \u2013<\/p>\n

\u00a0<\/p>\n

(i) \u00a0 \u00a0 \u00a0his income of any income deemed to have been received by him or to be his income, as the case may be, in terms of section 7<\/a> (3), (4), (5), (6), (7) or (8), from the person entitled, whether on his own behalf or in a representative capacity, to the receipt of the income so included; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii) \u00a0 \u00a0 his taxable income of any capital gain in terms of paragraph 68<\/a>, 69<\/a>, 70<\/a>, 71<\/a> or 72<\/a> of the Eighth Schedule<\/a> from the person entitled, whether personally or in a representative capacity, to the proceeds on the disposal of the asset, as contemplated in the Eighth Schedule<\/a>, which gave rise to the capital gain:<\/span><\/p>\n

\u00a0<\/p>\n

Provided further that nothing herein contained shall be construed as relieving any person required to make any payment by way of employees\u2019 tax under the provisions of the Fourth Schedule<\/a> from any liability, responsibility or duty imposed upon him by this Act.<\/p>\n","post_title":"Section 90 - Persons by whom normal tax payable","collection_order":996,"collection":597,"post_modified":"2017-01-14 20:36:08","post_date":"2015-10-15 12:13:49"},{"ID":"1776","post_content":"

91. \u00a0 \u00a0 Recovery of tax<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 So much of any tax payable by any person as is due to the inclusion in his income of any income deemed to have been received by him or to be his income, as the case may be, in terms of subsection (3), (4), (5), (6), (7) or (8) of section seven, may be recovered from the assets by which the income so included was produced.<\/span><\/p>\n

\u00a0<\/p>\n

(4A)\u00a0 So much of any tax payable by any person as is due to the inclusion in the taxable income of such person of any capital gain in terms of paragraph 68<\/a>, 69<\/a>, 70<\/a>, 71<\/a> or 72<\/a> of the Eighth Schedule<\/a>, may be recovered from the proceeds on the disposal of the asset, as contemplated in the Eighth Schedule<\/a>, which gave rise to the capital gain.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 So much of any interest payable in terms of section eighty\u2013<\/em>nine as relates to such portion of any tax as is in terms of subsection (4) recoverable from the assets referred to in that subsection may also be recovered from such assets HIA.<\/span><\/p>\n

\u00a0<\/p>\n

92.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

93.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

94.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Section 91 - Recovery of tax","collection_order":997,"collection":597,"post_modified":"2017-01-14 20:36:09","post_date":"2015-10-15 12:13:49"},{"ID":"1778","post_content":"

PART V<\/strong><\/p>\n

Representative Taxpayers<\/strong><\/p>\n

\u00a0<\/p>\n

95.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

96.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

97.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

98.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

99.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

100.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

101.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"PART V - Representative Taxpayers (ITA)","collection_order":998,"collection":597,"post_modified":"2019-02-23 19:33:56","post_date":"2015-04-19 13:02:51"},{"ID":"1780","post_content":"

PART VI<\/strong><\/p>\n

Miscellaneous<\/strong><\/p>\n","post_title":"PART VI - Miscellaneous (ITA)","collection_order":999,"collection":597,"post_modified":"2019-02-23 19:34:08","post_date":"2015-10-15 12:13:27"},{"ID":"1782","post_content":"

102.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Refunds<\/strong><\/p>\n

[Heading of section 102 substituted by section\u00a04 of\u00a0Act\u00a016 of 2016]<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(1A)\u00a0\u00a0\u00a0 The Commissioner may refuse to authorise a refund under section 190<\/a> of the Tax Administration Act, if \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that person has failed to furnish a return as required in terms of this Act, until that person has furnished such re turn as required; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the refund is claimed by that person after a period of three years after the end of the year of assessment, in the case where that person was not required by any provision of this Act to furnish a return of income for that year of assessment and did not render such a return during the period of three years since the end of that year of assessment.<\/span><\/p>\n","post_title":"Section 102 - Refunds and set off","collection_order":1000,"collection":597,"post_modified":"2021-04-07 18:36:11","post_date":"2015-10-15 12:13:27"},{"ID":"1784","post_content":"

103. \u00a0Transactions, operations or schemes for purposes of avoiding or postponing liability for <\/strong>or reducing amounts of taxes on income<\/strong><\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Whenever the Commissioner is satisfied that \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any agreement affecting any company or trust; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any change in \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the shareholding in any company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the members\u2019 interests in any company which is a close corporation; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the trustees or beneficiaries of any trust,<\/span><\/p>\n

<\/p>\n

as a direct or indirect result of which \u2013<\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 income has been received by or has accrued to that company or trust during any year of assessment; or<\/span><\/p>\n

<\/p>\n

(B) \u00a0 \u00a0any proceeds received by or accrued to or deemed to have been received by or to have accrued to that company or trust in consequence of the disposal of any asset, as contemplated in the Eighth Schedule<\/a>, result in a capital gain during any year of assessment,<\/span><\/p>\n

<\/p>\n

has at any been entered into or effected by any person solely or mainly for the purpose of utilising any assessed loss, any balance of assessed loss, any capital loss or any assessed capital loss, as the case may be, incurred by the company or trust, in order to avoid liability on the part of that company or trust or any other person for the payment of any tax, duty or levy on income, or to reduce the amount thereof \u2013<\/p>\n

<\/p>\n

(aa) \u00a0 the set\u2013<\/em>off of any such assessed loss or balance of assessed loss against any such income shall be disallowed;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the set-off of any such assessed loss or balance of assessed loss against any taxable capital gain, to the extent that such taxable capital gain takes into account such capital gain, shall be disallowed; or<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 the set off of such capital loss or assessed capital loss against such capital gain shall be disallowed.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 If in any objection and appeal proceedings relating to a decision under subsection (2) it is proved that the agreement or change in shareholding or members\u2019 interests or trustees or beneficiaries of the trust in question would result in the avoidance or the postponement of liability for payment of any tax, duty or levy imposed by this Act or any previous Income Tax Act or any other law administered by the Commissioner, or in the reduction of the amount thereof, it shall be presumed, until the contrary is proved in the case of any such agreement or change in shareholding or members\u2019 interests or trustees or beneficiaries of such trust, that it has been entered into or effected solely or mainly for the purpose of utilising the assessed loss, balance of assessed loss, capital loss or assessed capital loss in question in order to avoid or postpone such liability or to reduce the amount thereof.<\/span><\/p>\n

<\/p>\n

(5) \u00a0 \u00a0 Where under any transaction, operation or scheme-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any taxpayer has ceded the right to receive any amount in exchange for the right to receive any amount of dividends; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in consequence of that cession the liability for normal tax of the taxpayer or any other party to the transaction, operation or scheme, as determined before applying the provisions of this subsection, has been reduced or extinguished,<\/span><\/p>\n

<\/p>\n

the Commissioner shall determine the liability for normal tax of the taxpayer and any other party to the transaction, operation or scheme as if that cession had not been effected.<\/p>\n


<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0Where the Commissioner has applied the provisions of this section in the determination of any taxpayer\u2019s liability for any tax, duty or levy imposed in terms of this Act, the Commissioner shall not exercise his discretion in terms of the provisions of section 89quat(3) or (3A) so as to direct that interest shall not be payable in respect of that portion of any tax which is attributable to the application of this section.<\/span><\/p>\n

<\/p>\n

104.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

<\/p>\n

105.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n

<\/p>\n

106.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Section 103 (ITA) - Transaction, operations or schemes for purposes of avoiding or postponing liability for or reducing amounts of taxes on income","collection_order":1001,"collection":597,"post_modified":"2021-02-10 18:58:19","post_date":"2015-10-15 12:13:27"},{"ID":"1786","post_content":"

107. \u00a0 \u00a0 Regulations<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The Minister of Finance may make regulations \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 prescribing the duties of all persons engaged or employed in the administration of this Act;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 defining the limits of areas within which such persons are to act;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 prescribing the nature and contents of the accounts to be rendered by any taxpayer in support of any returns rendered under this Act and the manner in which such accounts shall be authenticated;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 prescribing the method of valuation of annuities or of fiduciary, usufructuary or other limited interests in property referred to in section 62<\/a>;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 prescribing the information that must be contained in a report that the Commissioner must submit to the Minister, in the form and manner and at the time that the Minister may prescribe, advising the Minister of matters as the Minister may prescribe.<\/span><\/p>\n

[Paragraph (g) inserted by section 12 of Act 14 of 2017 effective on 1 March 2017]<\/span><\/p>\n

<\/p>\n

and generally for giving effect to the objects and purposes of this Act.<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The regulations may prescribe penalties for any contravention thereof or failure to comply therewith, not exceeding a fine of R2000.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Any regulation made under the Income Tax Act, 1941, and in force at the date of commencement of this Act, shall be deemed to have been made under this Act.<\/span><\/p>\n","post_title":"Section 107 - Regulations","collection_order":1002,"collection":597,"post_modified":"2019-06-19 11:22:36","post_date":"2015-10-15 12:13:27"},{"ID":"1788","post_content":"

108. \u00a0 \u00a0 Prevention of or relief from, double taxation<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The National Executive may enter into an agreement with the government of any other country, whereby arrangements are made with such government with a view to the prevention, mitigation or discontinuance of the levying, under the laws of the Republic and of such other country, of tax in respect of the same income, profits or gains, or tax imposed in respect of the same donation, or to the rendering of reciprocal assistance in the administration of and the collection of taxes under the said laws of the Republic and of such other country.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 As soon as may be after the approval by Parliament of any such agreement, as contemplated in section 231 of the Constitution, the arrangements thereby made shall be notified by publication in the Gazette<\/em> and the arrangements so notified shall thereupon have effect as if enacted in this Act.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The duty imposed by any law to preserve secrecy with regard to such tax shall not prevent the disclosure to any authorized officer of the country contemplated in subsection (1), of the facts, knowledge of which is necessary to enable it to be determined whether immunity, exemption or relief ought to be given or which it is necessary to disclose in order to render or receive assistance in accordance with the arrangements notified in terms of subsection (2).<\/span><\/p>\n

\u00a0<\/p>\n

109.\u00a0 .<\/strong>\u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

110.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Section 108 (ITA) - Prevention of or relief from, double taxation","collection_order":1003,"collection":597,"post_modified":"2024-01-13 20:04:52","post_date":"2015-10-15 12:13:27"},{"ID":"1790","post_content":"

111. \u00a0 \u00a0 Repeal of laws<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to the provisions of subsection (2), the laws specified in the Third Schedule<\/a> are hereby repealed to the extent set out in the third column of that Schedule: Provided that any tax or other amount which but for such repeal would have been capable of being levied, assessed or recovered and which has not been levied, assessed or recovered at the commencement of this Act, may be levied, assessed or recovered as if such repeal had not been effected HIA.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Any notice or proclamation issued or regulation made or anything done under any provision of a law repealed by subsection (1) shall be deemed to have been issued, made or done under the corresponding provision of this Act.<\/span><\/p>\n","post_title":"Section 111 (ITA) - Repeal of laws","collection_order":1004,"collection":597,"post_modified":"2020-03-21 20:55:33","post_date":"2015-10-15 12:13:27"},{"ID":"1792","post_content":"

112. \u00a0 \u00a0 Short title and commencement<\/span><\/strong><\/p>\n

<\/p>\n

This Act shall be called the Income Tax Act, 1962, and shall come into operation on the first day of July, 1962 (HIA).<\/p>\n","post_title":"Section 112 - Short title and commencement","collection_order":1005,"collection":597,"post_modified":"2022-01-05 21:44:34","post_date":"2015-10-15 12:13:27"},{"ID":"1794","post_content":"

FIRST SCHEDULE<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

COMPUTATION OF TAXABLE INCOME DERIVED FROM PASTORAL, AGRICULTURAL OR OTHER FARMING OPERATIONS<\/strong><\/p>\n

(Section\u00a026<\/a> of this Act.)<\/p>\n","post_title":"First Schedule - Computation of taxable income derived from pastoral, agricultural or other farming operations","collection_order":1006,"collection":597,"post_modified":"2017-05-25 18:19:30","post_date":"2015-10-15 12:13:27"},{"ID":"4890","post_content":"

First Schedule Index<\/strong><\/p>\n

<\/p>\n

Paragraph 1 \u2013 Definitions<\/a><\/p>\n

Paragraph 2 \u2013 Rendering returns <\/a><\/p>\n

Paragraph 3 \u2013 Livestock or produce held and not disposed of<\/a><\/p>\n

Paragraph 4 \u2013 Deemed values of livestock or produce held and not disposed of<\/a><\/p>\n

Paragraph 5 \u2013 Values to be placed on livestock for purposes of First Schedule<\/a><\/p>\n

Paragraph 6 \u2013 Standard value applicable to any class of livestock<\/a><\/p>\n

Paragraph 7 \u2013 Exercise of option under paragraph 6<\/a><\/p>\n

Paragraph 8 \u2013 Expenditure incurred in the acquisition of livestock<\/a><\/p>\n

Paragraph 9 \u2013 Fair and reasonable value<\/a><\/p>\n

Paragraph 10 \u2013 [Repealed]<\/p>\n

Paragraph 11 \u2013 Use of livestock<\/a><\/p>\n

Paragraph 12 \u2013 Deductions allowed in determination of taxable income of farmers<\/a><\/p>\n

Paragraph 13 \u2013 Others deductions\ufeff<\/a><\/span><\/p>\n

Paragraph 13A \u2013 Disposal on account of drought<\/a><\/p>\n

Paragraph 14 \u2013 Disposal of any plantation<\/a><\/p>\n

Paragraph 15 \u2013 Deductions allowed in respect of plantations<\/a><\/p>\n

Paragraph 16 \u2013 Meaning\u00a0of\u00a0\u201cplantation\u201d\u00a0and\u00a0\u201cforest\u00a0produce\u201d<\/a><\/p>\n

Paragraph 17 \u2013 Sugar cane fields damaged by fire<\/a><\/p>\n

Paragraph 18 \u2013 [Repealed]<\/p>\n

Paragraph 19 \u2013 Average taxable income from farming<\/a><\/p>\n

Paragraph 20 \u2013 Determination of normal tax chargeable in terms of paragraph 6 election<\/a><\/p>\n","post_title":"First Schedule Index","collection_order":1007,"collection":597,"post_modified":"2024-01-13 22:42:36","post_date":"2016-05-08 08:47:47"},{"ID":"4433","post_content":"

1.<\/strong> \u00a0 \u00a0 In this Schedule \u2013<\/em><\/span><\/p>\n","post_title":"Paragraph 1 - Definitions (First Schedule)","collection_order":1008,"collection":597,"post_modified":"2016-11-17 14:48:18","post_date":"2016-05-03 10:34:07"},{"ID":"1796","post_content":"

(a)\u00a0\u00a0\u00a0\u00a0 a reference to a year of assessment shall in the case of any taxpayer who has under the provisions of section 66<\/a>(13A) of this Act been permitted to furnish accounts in respect of the income derived by him from pastoral, agricultural or other farming operations made up to a date other than the last day of the relevant year of assessment, be construed as a reference to the period covered by such accounts; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a reference to the end of a year of assessment includes, where the period assessed ends on a date other than the last day of the year of assessment, a reference to the end of that period.<\/span><\/p>\n","post_title":"Year of assessment definition for paragraph 1 of First Schedule","collection_order":1009,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:27"},{"ID":"4694","post_content":"

2.<\/strong> \u00a0 \u00a0 \u00a0Every farmer shall include in his return rendered for income tax purposes the value of all livestock or produce held and not disposed of by him at the beginning and the end of each year of assessment.<\/span><\/p>\n","post_title":"Paragraph 2 (First Schedule) - Rendering returns","collection_order":1010,"collection":597,"post_modified":"2016-11-17 14:48:15","post_date":"2016-05-04 13:54:33"},{"ID":"1800","post_content":"

3.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 Subject to the provisions of sub\u2013<\/em>paragraphs (2) and (3), the value of livestock or produce held and not disposed of at the end of the year of assessment shall be included in income for such year of assessment, and there shall be allowed as a deduction from such income the value of livestock or produce, as determined in accordance with the provisions of paragraph 4<\/a>, held and not disposed of at the beginning of the year of assessment.<\/span><\/p>\n


<\/span><\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For the purposes of subparagraph (1), the value of livestock or produce held and not disposed of at the end of any year of assessment by any person who discontinued farming operations during such year, shall be included in his income for such year and for all subsequent years of assessment so long as such livestock or produce, or any portion thereof, is so held and not disposed of.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Any livestock which is the subject of any \u201csheep lease\u201d or similar agreement concerning livestock, and any produce which is the subject of a similar agreement, shall be deemed to be held and not disposed of by the grantor of such lease or agreement.<\/span><\/p>\n","post_title":"Paragraph 3 (First Schedule) - Livestock or produce held and not disposed of","collection_order":1011,"collection":597,"post_modified":"2017-05-25 15:06:06","post_date":"2015-10-15 12:13:27"},{"ID":"1802","post_content":"

4.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 The values of livestock and produce held and not disposed of at the beginning of any year of assessment shall, subject to the provisions of sub\u2013<\/em>paragraph (2), be deemed to be \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of a farmer who was carrying on farming operations on the last day of the year immediately preceding the year of assessment, the sum of \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the values of livestock and produce held and not disposed of by him at the end of the year immediately preceding the year of assessment; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the market value of livestock or produce-<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 acquired by such farmer during the current year of assessment otherwise than by purchase or natural increase or in the ordinary course of farming operations; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 held by such farmer otherwise than for purposes of pastoral, agricultural or other farming operations, which such farmer during such year of assessment commenced to hold for purposes of pastoral, agricultural or other farming operations; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of any person commencing or recommencing farming operations during the year of assessment, the sum of \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the value of any livestock or produce held and not disposed of by him at the end of the day immediately preceding the date of such commencement or recommencement; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the market value of livestock or produce (other than livestock or produce to which Subitem (i) refers)-<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 acquired by such person during the year of assessment otherwise than by purchase or natural increase or in the ordinary course of farming operations;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 held by such person otherwise than for purposes of pastoral, agricultural or other farming operations, which such person during such year of assessment commenced to hold for purposes of pastoral, agricultural or other farming operations.<\/span><\/p>\n","post_title":"Paragraph 4 (First Schedule) - Deemed values of livestock or produce held and not disposed of","collection_order":1012,"collection":597,"post_modified":"2017-05-25 15:06:13","post_date":"2015-10-15 12:13:27"},{"ID":"1805","post_content":"

5.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 The value to be placed upon livestock for the purposes of this Schedule shall, subject to the provisions of paragraph 4<\/a> (1) as respects livestock held and not disposed of at the end of the year of assessment, be the standard value applicable to the livestock.<\/span><\/p>\n


<\/span><\/p>\n

(2) \u00a0 \u00a0 \u00a0\u2026\u2026\u2026.<\/span><\/p>\n


<\/span><\/p>\n

(3) \u00a0 \u00a0 \u00a0\u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Paragraph 5 (First Schedule) - Value to be placed on livestock for purposes of First Schedule","collection_order":1013,"collection":597,"post_modified":"2017-05-25 15:06:19","post_date":"2015-10-15 12:13:27"},{"ID":"1807","post_content":"

6.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 The standard value applicable to any class of livestock shall be \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of any farmer (other than a company or the estate of a deceased person) who on or after the first day of July, 1955, and before the first day of July, 1962, rendered returns of income in respect of farming operations, the standard value which in relation to such farmer applied to that class of livestock in accordance with the provisions of paragraph 13 of the Third Schedule to the Income Tax Act, 1941;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of any other farmer (other than a company or the estate of a deceased person) or in the case of any farmer (other than a company or the estate of a deceased person) who on or after 1 July 1962 includes that class of livestock in his return of income for the first time, either \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i) \u00a0 \u00a0 \u00a0such standard value as may be fixed for that class of livestock by regulation made under this Act; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 such other standard value as the farmer may, subject to the provisions of subparagraphs (2) and (3), adopt for that class of livestock when rendering his return of income on or after the said date in respect of farming operations, or when so including in any return of income such a class of livestock for the first time;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in the case of any company or estate of a deceased person the return of income of which in respect of farming operations for the first year of assessment of that company or estate ending on or after 1 January 1977 includes that class of livestock, either \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 such standard value as may be fixed for that class of livestock by regulation made under this Act; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 such other standard value as such company or the executor of such estate, as the case may be, may, subject to the provisions of subparagraphs (2) and (3), adopt for that class of livestock when rendering the said return of income;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 in the case of any company or estate of a deceased person the return of income of which in respect of farming operations for a year of assessment subsequent to the year of assessment referred to in item (c), includes that class of livestock for the first time, either \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 such standard value as may be fixed for that class of livestock by regulation made under this Act; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 such other standard value as such company or the executor of such estate, as the case may be, may subject to the provisions of subparagraphs (2) and (3), adopt for that class of livestock when rendering the said return of income.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 No standard value adopted under subparagraph (1) (b) (ii), (1) (c) (ii) or (1) (d) (ii) in respect of any class of livestock shall be more than twenty per cent higher or lower than the standard value fixed by regulation under this Act in respect of livestock of that class.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Any farmer who classifies any kind of his livestock on a basis other than that applied by a regulation referred to in subparagraph (1) (b) (i), (1) (c) (i) or (1) (d) (i), may adopt in respect of any class into which he so classifies that livestock such a standard value as may be approved by the Commissioner with due regard to the values fixed by regulation.<\/span><\/p>\n","post_title":"Paragraph 6 (First Schedule) - Standard value applicable to any class of livestock","collection_order":1014,"collection":597,"post_modified":"2017-05-25 15:06:28","post_date":"2015-10-15 12:13:27"},{"ID":"1809","post_content":"

7.<\/strong> The exercise of an option under subparagraph (1)(c)(ii) or of paragraph 6<\/a> shall be binding upon the farmer in respect of all subsequent returns for income tax purposes, and no standard value fixed by any farmer whether under this Act or any previous Income Tax Act may be varied by him in respect of any subsequent year of assessment.<\/span><\/p>\n

[Paragraph 7 amended by section 23 of Act 113 of 1977, substituted by section 76 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Paragraph 7 (First Schedule) - Exercise of option under Paragraph 6","collection_order":1015,"collection":597,"post_modified":"2017-12-06 20:40:57","post_date":"2015-10-15 12:13:27"},{"ID":"1811","post_content":"

8.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where any farmer has during any year of assessment incurred expenditure in respect of the acquisition of livestock, the deduction which may be allowed to him under section 11(a)<\/a> of this Act in respect of the cost price of such livestock shall be limited to an amount which, together with the value of livestock held and not disposed of by him at the beginning of such year, does not exceed the income received by or accrued to him from farming during such year and the value of livestock held and not disposed of by him at the end of such year.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Any amount which has been disallowed under the provisions of subparagraph (1) shall be carried forward and be deemed to be expenditure incurred by the farmer in respect of the acquisition of livestock during the succeeding year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

The provisions of this paragraph shall not apply \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in any case where it is shown by the farmer that livestock the cost of which falls to be dealt with under such provisions is no longer held and not disposed of by him; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 to so much of any expenditure (including any amount which has been carried forward under the provisions of subparagraph (2)) which falls to be disallowed under subparagraph (1) as, together with the value of livestock held and not disposed of by him at the beginning of the year of assessment, exceeds such amount as is shown by him to be market value of all livestock held and not disposed of by him at the end of such year.<\/span><\/p>\n","post_title":"Paragraph 8 (First Schedule) - Expenditure incurred in the acquisition of livestock","collection_order":1016,"collection":597,"post_modified":"2017-05-25 15:06:35","post_date":"2015-10-15 12:13:27"},{"ID":"1813","post_content":"

9.<\/strong> The value to be placed upon produce included in any return shall be a fair and reasonable value.<\/span><\/p>\n

[Paragraph (9) substituted by section 77 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

10.<\/strong> \u00a0 \u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Paragraph 9 (First Schedule) - Fair and reasonable value","collection_order":1017,"collection":597,"post_modified":"2017-12-06 20:41:22","post_date":"2015-10-15 12:13:27"},{"ID":"1816","post_content":"

11.<\/strong> \u00a0 \u00a0 If during any year of assessment livestock or produce \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 has been applied by the farmer for his private or domestic use or consumption;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 has, for purposes other than that of the production to the farmer of income from sources within the Republic, been removed by him from the Republic; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 has been donated by the farmer;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 has been disposed of by the farmer, other than in the ordinary course of his farming operations, for a consideration less than the market value thereof;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 where the farmer is a company, has on or after 21 June 1993 been distributed in specie<\/em>, to a holder of a share of such company; or<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 has been applied by the farmer for any other purpose other than the disposal thereof in the ordinary course of his farming operations and under circumstances other than those contemplated in subparagraph (a) or (b) or item (i), (ii) or (iii) of this subparagraph,<\/span><\/p>\n

\u00a0<\/p>\n

there shall be included in the income of such farmer for that year of assessment \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(A)\u00a0\u00a0\u00a0 where such livestock or produce has been applied in a manner contemplated in subparagraph (a), an amount equal to the cost price to him of such livestock or produce, or where the cost price cannot be readily determined, the market value of such livestock or produce; or<\/span><\/p>\n

\u00a0<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 where such livestock or produce has been applied, disposed of or distributed in a manner contemplated in subparagraph (b) or (c), an amount equal to the market value of such livestock or produce:<\/span><\/p>\n

\u00a0<\/p>\n

Provided that where \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any livestock or produce so applied, is used or consumed by the farmer in the ordinary course of his farming operations, the amount included in his income under this paragraph shall for the purposes of this Act be deemed to be expenditure incurred in respect of the acquisition by him of such livestock or produce; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the provisions of subparagraph (c) (ii) are applicable and an amount of consideration as contemplated in such subparagraph has been received by or accrued to the farmer, the amount included in his income in terms of this paragraph shall be reduced by such consideration.<\/span><\/p>\n","post_title":"Paragraph 11 (First Schedule) - Use of livestock","collection_order":1018,"collection":597,"post_modified":"2017-05-25 15:06:44","post_date":"2015-10-15 12:13:27"},{"ID":"1818","post_content":"

12.<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to the provisions of subparagraphs (2) to (6), inclusive, there shall be allowed as deductions in the determination of the taxable income derived by any farmer the expenditure incurred by him during the year of assessment in respect of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the eradication of noxious plants and alien invasive vegetation;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the prevention of soil erosion;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 dipping tanks;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 dams, irrigation schemes, boreholes and pumping plants;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 fences;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 the erection of, or extensions, additions or improvements (other than repairs) to, buildings used in connection with farming operations, other than those used for domestic purposes;<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 the planting of trees, shrubs or perennial plants for the production of grapes or other fruit, nuts, tea, coffee, hops, sugar, vegetable oils or fibres, and the establishment of any area used for the planting of such trees, shrubs or plants;<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 the building of roads and bridges used in connection with farming operations;<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the carrying of electric power from the main transmission lines to the farm apparatus or under an agreement concluded with the Electricity Supply Commission in terms of which the farmer has undertaken to bear a portion of the cost incurred by the said Commission in connection with the supply of electric power consumed by the farmer wholly or mainly for farming purposes;<\/span><\/p>\n

<\/p>\n

(1A)\u00a0 For purposes of this Schedule, expenditure incurred in respect of any matter contemplated in subparagraph (1)(a), (b), (d) <\/em>or (e) <\/em>to conserve and maintain land owned by the taxpayer shall be deemed to be expenditure incurred in the carrying on of pastoral, agricultural or other farming operations if-<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 conservation and maintenance is carried out in terms of a biodiversity management agreement that has a duration of at least five years; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the agreement contemplated in item (a) is entered into by the taxpayer in terms of section 44 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004); and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 land utilised by the taxpayer for purposes of carrying on the pastoral, agricultural or other farming operations consists or includes or is in the immediate proximity of the land that is the subject of the agreement contemplated in item (a).<\/span><\/p>\n

<\/p>\n

(1B)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Where any asset in respect of which any deduction has been allowed to a farmer under the provisions of subparagraph (1) or (1A) (whether in the current or any previous year of assessment) and which is or has become a movable asset, is disposed of by the farmer, there shall be included in his income so much of the amounts received by or accrued to or in favour of the farmer in respect of such disposal as does not exceed the expenditure in respect of such asset allowed under subparagraph (1) or the original cost to him of such asset taken into account under subparagraph (1A), as the case may be, less any amounts which in terms of item (c) of this subparagraph are not allowable as deductions under subparagraph (1A) in respect of such asset in respect of the succeeding year or years of assessment referred to in the said item.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where any allowance was granted in respect of such asset under the provisions of section 11(e)<\/a> of this Act the provisions of section 8<\/a>(4)(a) of this Act shall not apply in respect of any amount recovered or recouped in respect of such allowance.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(1C)\u00a0\u00a0 For the purposes of this paragraph, where any asset in respect of which any deduction has been allowed to a farmer under the provisions of subparagraph (1) or (1A) (whether in the current or any previous year of assessment) and which is or has become a movable asset, is disposed of by the farmer to any other person by way of donation or for a consideration which is not an adequate consideration or is not readily capable of valuation, a consideration equal in value to the fair value of such asset shall be deemed to have been received by the farmer in respect of his disposal of the asset and to have been paid by such other person in respect of his acquisition of the asset: Provided that the last\u2013<\/em>mentioned consideration shall not exceed the cost to the farmer of such asset.<\/span><\/p>\n

<\/p>\n

(1D)\u00a0 If during the current or any previous year of assessment deductions are allowed to the taxpayer in terms of subparagraph (1A) in respect of capital expenditure incurred to conserve or maintain land in terms of an agreement contemplated in that subparagraph and the taxpayer is in breach of that agreement or violates that declaration, an amount equal to the deductions allowed in respect of expenditure incurred within the period of five years preceding the breach of violation must be included in the income of the taxpayer for the current year.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0No deduction under section 11(e)<\/a> or (o)<\/a> of this Act shall be allowed in respect of any machinery, implements, utensils or articles for which a deduction is allowable under subparagraph (1) or (1A) of this paragraph.<\/span><\/p>\n

[Sub\u00adparagraph (2) substituted by section 42 of Act 89 of 1969, by section 24(c) of Act 113 of 1977, by section 27(1)(d) of Act 96 of 1981 and by section 47 of Act 34 of 2019]<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The amount by which the total expenditure incurred by any farmer during any year of assessment in respect of the matters referred to in items (c) to (i), inclusive, of subparagraph (1) exceeds the taxable income (as calculated before allowing the deduction of such expenditure and before the inclusion as hereinafter provided of the said amount in the farmer\u2019s income) derived by him from farming operations during that year of assessment shall be included in his income from such operations for that year and be carried forward and be deemed for the purposes of subparagraph (1) to be expenditure which has been incurred by him during the next succeeding year of assessment in respect of the matters referred to in the said items.<\/span><\/p>\n

[Subparagraph (3) substituted by section 42 of Act 89 of 1969, amended by section 24 of Act 113 of 1977 and substituted by section 27 of Act 96 of 1981 and section 64 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(3A)\u00a0 For the purposes of subparagraph (3) any amount which has been carried forward from the year of assessment ended 30 June 1961 in terms of the proviso to paragraph 17 (3) of the Third Schedule to the Income Tax Act, 1941, shall be deemed to be an amount which has been so carried forward in terms of the said subparagraph.<\/span><\/p>\n

<\/p>\n

(3B)\u00a0\u00a0 Where an amount (hereinafter referred to as the recoupment) falls to be included in a farmer\u2019s income for any year of assessment under the provisions of subparagraph (1B) and an amount (hereinafter referred to as the qualifying balance) has in terms of subparagraph (3) been carried forward to the year of assessment in question from the preceding year of assessment the recoupment shall to the extent that it does not exceed the qualifying balance be deducted therefrom, and in such case \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the recoupment shall, to the extent that it has been deducted from the qualifying balance, not be included in the farmer\u2019s income under subparagraph (1B); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 only so much of the qualifying balance as remains after the deduction therefrom of the recoupment shall be taken into account for the purposes of subparagraph (3) as expenditure incurred during the year of assessment in question in respect of the matters mentioned in that subparagraph.<\/span><\/p>\n

<\/p>\n

(3C) \u00a0The amount of any expenditure carried forward and deemed to be incurred by a person in the next succeeding year in terms of subparagraph (3) must be reduced by any amount of expenditure in respect of which an election has been made in terms of paragraph 20A<\/a>(1) of the Eighth Schedule<\/a>.<\/span><\/p>\n

<\/p>\n

(4)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph \u2018employees\u2019<\/strong>, in relation to any farmer, means persons employed by that farmer in connection with his or her farming operations, but does not include his or her relatives or, where the farmer is a company, the holders of shares (or the relatives of holders of shares) in that company or in any company which is associated with it by virtue of the holding of shares.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 For the purposes of item (a) \u2018holders of shares\u2019<\/strong> in relation to any company does not include persons who hold all their shares in that company solely because they are employed by that company and who will, in terms of the articles of association of that company, not be entitled to hold those shares after they cease to be so employed.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 If in any year of assessment any building in relation to which a deduction has been allowed to any farmer under item (f) of sub\u2013<\/em>paragraph (1) of this paragraph or item (f) of sub\u2013<\/em>paragraph (1) of paragraph 17 of the Third Schedule to the Income Tax Act, 1941, whether in the current or in any previous year of assessment, is used for the domestic purposes of any person other than an employee of that farmer, there shall be included in the income of that farmer for the current year of assessment the amount of such deduction less onetenth of the said amount in respect of each completed period of one year, but not exceeding ten years, during which such building was used by the said farmer in connection with his farming operations other than for the domestic purposes of persons who are not his employees.<\/span><\/p>\n","post_title":"Paragraph 12 (First Schedule) - Deductions allowed in determination of taxable income of farmers","collection_order":1019,"collection":597,"post_modified":"2021-04-06 14:36:55","post_date":"2015-10-15 12:13:27"},{"ID":"1820","post_content":"

13.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0If-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any farmer-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 has in any year of assessment sold livestock on account of drought, stock disease or damage to grazing by fire or plague; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 has within four years after the close of the said year of assessment purchased livestock to replace the livestock so sold; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any farmer-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 has in any year of assessment (other than a year of assessment in respect of which the normal tax chargeable in the case of such farmer is required to be determined under paragraph 19<\/a>) sold livestock by reason of his participation in a livestock reduction scheme organised by the Government; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 has within nine years after the close of the said year of assessment purchased livestock to replace the livestock so sold,<\/span><\/p>\n

\u00a0<\/p>\n

the cost of the livestock so purchased shall, notwithstanding anything in this Schedule contained, be allowed, at the option of such farmer, as a deduction in the determination of his taxable income for the year of assessment during which the livestock was so sold, provided the claim for such deduction is made within five years after the close of that year of assessment in the case of a farmer referred to in item (a), or within ten years after the close of that year of assessment in the case of a farmer referred to in item (b).<\/p>\n

[Subparagraph (1) amended by section 17 of Act 101 of 1978 and substituted by section 79 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The cost of livestock so allowed as a deduction shall not be allowed as a deduction in the year of assessment in which the purchases were made.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Every farmer who desires to claim a deduction in terms of subparagraph (1), shall for the year of assessment in which he or she sold livestock on account of conditions of drought or stock disease or by reason of his or her participation in a livestock reduction scheme organised by the Government notify the Commissioner accordingly in such form and within such time as may be prescribed and obtain and retain full particulars in regard to the livestock so sold.<\/span><\/p>\n

[Subparagraph (3) substituted by section 271 of Act 28 of 2011 and section 79 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (4) deleted by section 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The provisions of this paragraph shall not apply to the cost of any livestock purchased to replace livestock sold if the proceeds derived from the sale of such last\u2013<\/em>mentioned livestock have been dealt with under the provisions of paragraph 13A<\/a>.<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may, notwithstanding the provisions of sections 93<\/a>, 99<\/a>(1) and 100<\/a> of the Tax Administration Act<\/a>, raise an assessment for any year of assessment with respect to which a deduction in terms of subparagraph (1) is allowed.<\/span><\/p>\n

[Subparagraph (6)\u00a0added by\u00a0section\u00a05\u00a0of\u00a0Act\u00a021 of 2021\u00a0and substituted by\u00a0section 12\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(7) \u00a0\u00a0\u00a0\u00a0Where a deduction in terms of subparagraph (1)(a) or (b) may be claimed in respect of a year of assessment, the period prescribed under section 29<\/a>(3) of the Tax Administration Act after which records, books of account or documents need not be retained shall be extended to six years or eleven years respectively for such year of assessment.<\/span><\/p>\n

[Subparagraph (7)\u00a0added by\u00a0section\u00a05\u00a0of\u00a0Act\u00a021 of 2021]<\/span><\/p>\n

\u00a0<\/p>\n

(8) \u00a0\u00a0\u00a0\u00a0Where a deduction in terms of subparagraph (1)(b) may be claimed in a year of assessment, the period prescribed under section 97<\/a>(4) of the Tax Administration Act after which a record of assessment may be destroyed shall be extended to eleven years for such year of assessment.<\/span><\/p>\n

[Paragraph 13\u00a0substituted by\u00a0section 21(1)\u00a0of\u00a0Act 90 of 1972.\u00a0Subparagraph (8)\u00a0added by\u00a0section\u00a05\u00a0of\u00a0Act\u00a021 of 2021]<\/span><\/p>\n","post_title":"Paragraph 13 (First Schedule) - Other deductions","collection_order":1020,"collection":597,"post_modified":"2024-01-13 22:41:23","post_date":"2015-10-15 12:13:27"},{"ID":"1822","post_content":"

13A.<\/span><\/strong><\/p>\n


<\/strong><\/p>\n

(1) \u00a0 \u00a0 If any farmer has on or after 1 March 1982 disposed of any livestock on account of drought, and the whole or any portion of the proceeds of such disposal has as soon as possible, but in any case within three months after the receipt thereof by the farmer, been deposited by him in an account in his name with the Land and Agricultural Bank of South Africa, so much of such proceeds as has been so deposited by him shall, notwithstanding the provisions of section 23(e)<\/a> of this Act but subject to the provisions of subparagraph (3), be deemed not to be gross income derived by such farmer.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Every farmer who desires that the proceeds derived by himor her from the disposal of livestock be dealt with under the provisions of this paragraph shall notify the Commissioner in such form and within such time as may be prescribed by the Commissioner.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Any amount, being the whole or any portion of a sum deposited in an account following the disposal of livestock as contemplated in subparagraph (1), shall \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if it is withdrawn from such account before the expiration of a period of six months after the last day of the year of assessment in which such disposal took place, be deemed to be gross income derived by the taxpayer from the disposal of livestock on the date of such disposal; or<\/span><\/p>\n

\u00a0<\/p>\n

(aA)\u00a0\u00a0 if it is withdrawn from such account after the expiration of a period of six months but before the expiration of a period of six years after the last day of the year of assessment in which such disposal took place, be deemed to be gross income derived by the taxpayer from the disposal of livestock on the date of such withdrawal; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the event of the taxpayer\u2019s death or insolvency before the expiration of the said period, be deemed to be gross income so derived on the day before the date of his death or insolvency, as the case may be; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 if it is not so withdrawn and the taxpayer does not die or become insolvent before the expiration of such period, be deemed to be gross income so derived on the last day of such period.<\/span><\/p>\n","post_title":"Paragraph 13A (First Schedule) - Disposal on account of drought","collection_order":1021,"collection":597,"post_modified":"2017-05-25 15:07:44","post_date":"2015-10-15 12:13:27"},{"ID":"1824","post_content":"

14.<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0 \u00a0 Any amount received by or accrued to a farmer in respect of the disposal of any\u00a0\u00a0plantation shall, whether such plantation is disposed of separately or with the land on which it is growing, be deemed not to be a receipt or accrual of a capital nature and shall form part of such farmer\u2019s gross income.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where any plantation is disposed of by a farmer with the land on which it is growing the amount to be included in such farmer\u2019s gross income in terms of sub\u2013<\/em>paragraph (1) shall \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if the amount representing the consideration payable in respect of the disposal of the plantation is agreed to between the parties to the transaction, be the amount so agreed to; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 failing such agreement, be such portion of the consideration payable in respect of the disposal of the land and the plantation as represents the consideration payable for the plantation.<\/span><\/p>\n

[Item (b) substituted by section 80 of Act 25 of 2015 effective on 8 January 2015]<\/span><\/p>\n","post_title":"Paragraph 14 (First Schedule) - Disposal of any plantation","collection_order":1022,"collection":597,"post_modified":"2017-12-06 20:43:12","post_date":"2015-10-15 12:13:27"},{"ID":"1826","post_content":"

15.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 In the determination of the taxable income of any farmer there shall be allowed as a deduction \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any expenditure incurred by such farmer during the year of assessment in respect of the establishment and maintenance of plantations;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any expenditure incurred by such farmer prior to the first day of July, 1948, in respect of the establishment and maintenance of any plantation or the cost of acquisition of any plantation purchased by such farmer whether before or after the first day of July, 1948: Provided that \u2013<\/em><\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any deductions allowed under this item in respect of any plantation shall not in respect of any year of assessment exceed the gross income derived by such farmer in that year from the said plantation;<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the aggregate of the deduction allowed in terms of this item or the corresponding provisions of the Income Tax Act, 1941, or by virtue of any other provisions of the last-mentioned Act or the Income Tax Act, 1925 (Act No. 40 of 1925), in respect of plantations shall not exceed the amount of such expenditure or such cost of acquisition.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For the purpose of calculating the cost of acquisition of any plantation the provisions of subparagraph (2) of paragraph 14<\/a> shall apply mutatis mutandis<\/em> in the case of any plantation acquired by any farmer with the land on which it is growing.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 If in any year of assessment the income of any farmer other than a company includes income derived from the disposal of plantations or forest produce and the taxable income derived by him in that year from the disposal of plantations and forest produce (determined as though the income derived by him from that source were his only income) exceeds the annual average taxable income derived by him from that source (as so determined) over the three years of assessment immediately preceding the said year of assessment, the normal tax chargeable in the case of such farmer for the said year of assessment shall, subject to the provisions of section 5<\/a> of this Act, be determined in accordance with the provisions of subsection (10) of that section: Provided that \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the provisions of this subparagraph shall not apply unless the disposal of plantations or forest produce forms part of the normal farming operations of the farmer concerned;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 for the purposes of this subparagraph, where the farmer has in respect of any of the aforesaid years of assessment derived any excess plantation farming profits determined under paragraph 20<\/a>(3)(g) such excess plantation farming profits shall \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 where such excess plantation farming profits have been derived during the first-mentioned year of assessment, be excluded from the farmer\u2019s taxable income derived in that year from the disposal of plantations and forest produce;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 where such excess plantation farming profits have been derived during any of the aforesaid three years of assessment, not be taken into account in the determination of the aforesaid average taxable income derived by the farmer over those years;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 the Commissioner\u2019s determination as to what portion of a farmer\u2019s taxable income is derived from the disposal of plantations and forest produce shall be final;<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 nothing in this paragraph contained shall be construed as relieving any farmer from liability for taxation under this Act upon any portion of his taxable income;<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 the provisions of this subparagraph shall not apply if the normal tax chargeable in the case of such farmer in respect of the first\u2013<\/em>mentioned year of assessment is required to be determined under the provisions of paragraph 19<\/a>.<\/span><\/p>\n","post_title":"Paragraph 15 (First Schedule) - Deductions allowed in respect of plantations","collection_order":1023,"collection":597,"post_modified":"2017-05-25 15:07:51","post_date":"2015-10-15 12:13:27"},{"ID":"1828","post_content":"

16.<\/strong> \u00a0 \u00a0For the purposes of paragraphs 14<\/a>, 15<\/a> and 20<\/a> \u2013<\/em><\/span><\/p>\n","post_title":"Paragraph 16 (First Schedule) - Definitions","collection_order":1024,"collection":597,"post_modified":"2016-11-19 19:20:04","post_date":"2015-10-15 12:13:27"},{"ID":"1830","post_content":"

\u201cplantation\u201d<\/strong> means any artificially established tree as ordinarily understood (not being a tree of the nature described in paragraph 12<\/a>(1)(g)) or any forest of such trees and includes any natural extension of such trees;<\/p>\n","post_title":"\"Plantation\" definition of First Schedule","collection_order":1025,"collection":597,"post_modified":"2017-05-25 15:08:03","post_date":"2015-10-15 12:13:27"},{"ID":"1832","post_content":"

\u201cforest produce\u201d<\/strong> means trees (other than trees of the nature described in paragraph 12<\/a>(1)(g)) and anything derived from such trees, including timber, wood, bark, leaves, seeds, gum, resin and sap.<\/p>\n","post_title":"\"Forest produce\" definition of First Schedule","collection_order":1026,"collection":597,"post_modified":"2017-05-25 15:08:04","post_date":"2015-04-19 13:58:46"},{"ID":"1834","post_content":"

17.<\/strong> \u00a0 \u00a0Where the sugar cane fields of any farmer other than a company have been damaged by fire and the taxable income of such farmer for any year of assessment includes taxable income derived from the disposal of sugar cane as a result of such fire which but for such fire would not have been derived by him in such year, the normal tax chargeable in the case of such farmer in respect of such year shall, subject to the provisions of section 5<\/a> of this Act, be determined in accordance with the provisions of subsection (10) of that section, but nothing in this paragraph contained shall be construed as relieving such farmer from liability for taxation under this Act upon any portion of his taxable income: Provided that the provisions of this paragraph shall not apply if the normal tax chargeable in the case of such farmer in respect of the said year of assessment is required to be determined under the provisions of paragraph 19<\/a>.<\/span><\/p>\n

\u00a0<\/p>\n

18.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Paragraph 17 (First Schedule) - Sugar cane fields damaged by fire","collection_order":1027,"collection":597,"post_modified":"2017-05-25 15:08:13","post_date":"2015-10-15 12:13:27"},{"ID":"1836","post_content":"

19.<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 If any taxpayer has made an election as provided in subparagraph (5) which is binding upon him in respect of any period of assessment (hereinafter referred to as the relevant period) during which he or his spouse has carried on farming operations or has derived income from farming operations, and his taxable income derived during the relevant period from farming exceeds his average taxable income from farming as determined in relation to the relevant period in accordance with subparagraph (2), the normal tax chargeable in respect of his taxable income for the relevant period shall, subject to the provisions of section 5<\/a> of this Act, be determined in accordance with section 5<\/a>(10).<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the taxpayer or his spouse carried on farming operations before the commencement of the relevant period, such amount as represents the taxpayer\u2019s annual average taxable income (if any) from farming in respect of the periods of assessment-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0for which the taxpayer was assessable under this Act and which fall within the period of five years ending on the last day of the relevant period; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 during which such farming operations were carried on or farming income was derived by the taxpayer:<\/span><\/p>\n

<\/p>\n

Provided that any excess farming profits derived by the taxpayer in any of the said periods of assessment shall not be taken into account in the determination of such annual average taxable income: Provided further that in the case of the estate of an insolvent person any farming operations carried on by such person prior to insolvency, any income derived by him from such operations and any deductions allowable against such income under this Act shall, so far as such estate is concerned, be deemed for the purposes of this item to be respectively operations, income or deductions of such estate, and the annual average taxable income derived by such estate from farming shall be determined accordingly; or<\/p>\n

[Item (a) substituted by section 32 of Act 69 of 1975, amended by section 34 of Act 21 of 1995, substituted by section 81 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the taxpayer is a person referred to in subparagraph (5)(a) and did not carry on farming operations before the commencement of the relevant period, an amount equal to two-thirds of such taxable income.<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 Where the taxpayer\u2019s assessment for a relevant period has in terms of section 100<\/a> of the Tax Administration Act<\/a>, become final and conclusive, the Commissioner shall not, merely by reason of the fact that the amount determined under subparagraph (2)(a), as the taxpayer\u2019s annual average taxable income from farming in relation to such period is incorrect, be required to make a further assessment upon the taxpayer for such period in terms of section 99<\/a> of that Act or to authorize a refund under section 190<\/a> of that Act of any tax overpaid in respect of such period, unless it appears that such annual average taxable income from farming should be increased or reduced by at least six hundred rand.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 In determining under this paragraph any amount of normal tax which is or would be chargeable no regard shall be had to the deductions provided for in section 6<\/a> of this Act, and nothing in this paragraph contained shall be construed as relieving any person from liability for taxation under this Act upon any portion of that person\u2019s taxable income.<\/span><\/p>\n

<\/p>\n

(5) \u00a0 \u00a0 Any person \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 who is a natural person and whose taxable income for any period of assessment consists of or includes taxable income derived from farming operations carried on by him for his own benefit or by his spouse for such spouse\u2019s own benefit; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 who is the executor of the estate of any deceased person or the trustee of the insolvent estate of a natural person and who in his capacity as such has during the period of assessment commencing immediately after the death or insolvency of the said person continued farming operations commenced by such deceased or insolvent person prior to his death or insolvency,<\/span><\/p>\n

<\/p>\n

may, within three months after the end of such period of assessment or within such further time as the Commissioner may approve and in such form as the Commissioner may prescribe, elect that the normal tax chargeable in respect of his taxable income if item (a) is applicable or the taxable income of such estate if item (b) is applicable, be determined as provided in subparagraph (1), and such election shall be binding upon such natural person or estate, as the case may be, in respect of the said period of assessment and every succeeding period of assessment: Provided that \u2013<\/em><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 no election may be made under this subparagraph by any person in respect of any period of assessment referred to in item (a) if during such period such person was married and such person\u2019s income for such period is in terms of section 7<\/a>(2) of this Act deemed to be income accrued to such person\u2019s spouse;<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where an election has been made by such person in respect of any period of assessment referred to in item (a) and such person\u2019s income for any succeeding period of assessment is in terms of section 7<\/a>(2) of this Act deemed to be income accrued to such person\u2019s spouse, such election shall, with effect from such succeeding period, cease to have any force or effect.<\/span><\/p>\n","post_title":"Paragraph 19 (First Schedule) - Average taxable income from farming","collection_order":1028,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:27"},{"ID":"1838","post_content":"

20.<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0If a taxpayer (other than a company) who derives income from farming operations makes an election as provided in subparagraph (6) and if \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the taxpayer\u2019s income was in whole or in part derived from farming operations carried on on any land acquired-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by the State (including the Railways Administration and any provincial administration) or any local authority as defined in section 1 of the Expropriation Act, 1975 (Act No. 63 of 1975); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 by any juristic person or body mentioned in section 3(2) of the said Act, if such juristic person or body acquired the land by expropriation or, where the owner of the land agreed to dispose of it, the Minister referred to in subparagraph (6)(b)(ii) has given a certificate as contemplated therein;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in consequence of the acquisition of such land as aforesaid the farming undertaking on such land (hereinafter referred to as the undertaking) has been or is being wound up; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the taxpayer\u2019s income for any year of assessment (being the year of assessment during which the said land was acquired as aforesaid or the first or the second year of assessment succeeding the first-mentioned year of assessment) includes any abnormal farming receipts or accruals referred to in subparagraph (2) which relate to the aforesaid farming operations,<\/span><\/p>\n

<\/p>\n

the normal tax chargeable (as determined before the deduction of any rebate) in respect of the taxpayer\u2019s taxable income for such year of assessment shall, notwithstanding any other provisions of this Act to the contrary, be determined at an amount equal to the sum of-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an amount equal to the taxpayer\u2019s excess farming profits for the year of assessment (as determined in accordance with subparagraph (3)(a)) multiplied by the relevant rate of tax fixed for the year of assessment in terms of section 5<\/a>(2) in respect of the first rand of taxable income; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an amount equal to the amount of normal tax (as determined before the deduction of any rebate) which would have been payable by the taxpayer in respect of the year of assessment if his or her taxable income for that year had been an amount equal to the balance of his or her taxable income for that year (as determined in accordance with, subparagraph (4)).<\/span><\/p>\n

[Subparagraph (1) amended by section 31 of Act 103 of 1976, section 26 of Act 104 of 1980, section 30 of Act 91 of 1982, section 43 of Act 129 of 1991, section 45 of Act 8 of 2007 and section 271 of Act 28 of 2011, substituted by section 82 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(1A)\u00a0 Where the land referred to in subparagraph (1) was acquired as contemplated in item (a) of that subparagraph within the period of twelve months after the owner accepted an offer to purchase the land, it shall be deemed for purposes of that subparagraph that such land was acquired on the date on which the offer was accepted.<\/span><\/p>\n

[Subparagraph (1A) inserted by section 25 of Act 113 of 1977, substituted by section 82 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of subparagraph (1)(c), the taxpayer\u2019s abnormal farming receipts or accruals for any year of assessment referred to in subparagraph (1)(c) shall be deemed to be such amounts as consist of-<\/span><\/p>\n

<\/p>\n

\u00a0<\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any amounts derived from disposals, in the course of the winding-up of the undertaking, of livestock normally held for the purposes of the undertaking; or<\/span><\/p>\n


<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amounts derived from the disposal of any plantation together with the land referred to in subparagraph (1)(a) or from the disposal in the course of the winding-up of the undertaking of any plantation on such land or any forest produce from such plantation.<\/span><\/p>\n

[Subparagraph (2) substituted by section 82 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(3)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph the taxpayer\u2019s excess farming profits for any year of assessment referred to in subparagraph (1) (c) shall be deemed to be the sum of the taxpayer\u2019s excess livestock profits (if any) for such year, as determined under item (b), and the taxpayer\u2019s excess plantation farming profits (if any) for such year, as determined under item (g): Provided that the amount of such excess farming profits shall not be determined at an amount exceeding the amount of the taxpayer\u2019s taxable income for such year.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The taxpayer\u2019s excess livestock profits for such year shall be so much of the sum of the amounts referred to in subparagraph (2) (a) which have been derived by the taxpayer during such year as does not exceed the taxpayer\u2019s abnormal livestock profits for such year, as determined under item (c).<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The taxpayer\u2019s abnormal livestock profits for such year shall be the amount by which his livestock profits for such year, as determined under item (d) or (f), exceed his average livestock profits (as determined under item (e) or (f)) for the years of assessment (but not exceeding five years of assessment) which immediately precede the said year and during which the undertaking was carried on.<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 For the purposes of this subparagraph, the taxpayer\u2019s livestock profits for any year of assessment shall be the amount by which the sum of the amounts included in his income from farming for such year in respect of disposals of livestock during such year and the value (as determined under this Schedule) of the livestock held and not disposed of by him at the end of such year exceeds the sum of the amounts allowed to be deducted from such income in respect of livestock acquired by him during such year and the value (as determined under this Schedule) of the livestock held and not disposed of by him at the beginning of such year, and the taxpayer\u2019s livestock loss for such year shall be determined accordingly.<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 The taxpayer\u2019s average livestock profits for the years of assessment referred to in item (c) shall be the sum of his livestock profits for the said years, as determined under item (d) (reduced by any livestock loss as determined under that item in respect of any such years), divided by the number of such years of assessment.<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0 If by reason of disposals of livestock otherwise than in the ordinary course of farming or because of any unusual circumstances the taxpayer\u2019s livestock profits or loss for any year of assessment cannot be determined in a satisfactory manner under item (d) or the taxpayer\u2019s average livestock profits for the years of assessment referred to in item (c) cannot be determined in a satisfactory manner under item (e), such livestock profits or loss or such average livestock profits shall be determined by the Commissioner on application by the taxpayer.<\/span><\/p>\n

[Item (f) substituted by section 82 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 The taxpayer\u2019s excess plantation farming profits for any year of assessment referred to in item (a) shall be so much of the sum of the amounts referred to in subparagraph (2) (b) which have been derived by the taxpayer during such year, as does not exceed the amount by which the taxpayer\u2019s taxable income (as determined under subparagraph (3) of paragraph 15<\/a> before applying paragraph (ii) of the proviso to the said subparagraph) derived during such year from the disposal of plantations and forest produce exceeds the annual average taxable income (as determined under paragraph 15<\/a>(3)) derived by him from that source over the three years of assessment immediately preceding the said year of assessment.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph, the balance of the taxpayer\u2019s taxable income for a year of assessment referred to in subparagraph (1) (c) shall be deemed to be the amount remaining after deducting the taxpayer\u2019s excess farming profits for that year (as determined under subparagraph (3) (a)) from the full amount of the taxpayer\u2019s taxable income for such year, as determined under this Act.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(6)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Any taxpayer (other than a company) may elect for the normal tax payable by the taxpayer to be determined under this paragraph.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 For purposes of such election the following records must be obtained and retained:<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a certificate by the head of the department of State or the administration concerned in the acquisition by the State or such administration of the land referred to in item (a) of subparagraph (1), or where such land was acquired by a local authority, juristic person or body referred to in the said item, by the chief executive officer of such local authority, juristic person or body, to the effect that the State or such administration, local authority, juristic person or body, as the case may be, has acquired such land; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where such land was acquired by such juristic person or body, a certificate by a Minister referred to in section 3 (1) of the Expropriation Act, 1975, to the effect that the land was acquired by such juristic person or body by expropriation or, where the owner of the land agreed to dispose of it, to the effect that, if the owner had not so agreed, steps would have been taken for the expropriation of the land.<\/span><\/p>\n","post_title":"Paragraph 20 (First Schedule) - Determination of normal tax chargeable in terms of paragraph 6 election","collection_order":1029,"collection":597,"post_modified":"2021-04-05 10:19:46","post_date":"2015-10-15 12:13:27"},{"ID":"1841","post_content":"

SECOND SCHEDULE<\/strong><\/p>\n


<\/strong><\/p>\n

COMPUTATION OF GROSS INCOME DERIVED BY WAY OF LUMP SUM BENEFITS<\/strong><\/p>\n

(Paragraph (e) of definition of \u201cgross income\u201d in section 1 of this Act)<\/p>\n","post_title":"Second Schedule - Computation of gross income derived by way of lump sum benefits","collection_order":1030,"collection":597,"post_modified":"2017-05-25 18:19:05","post_date":"2015-10-15 12:13:27"},{"ID":"4922","post_content":"

Second Schedule Index<\/strong><\/p>\n

<\/p>\n

Paragraph 1 \u2013<\/a> Definitions\ufeff<\/a><\/p>\n

Paragraph 2 \u2013 Amount to be included in gross income\ufeff<\/a><\/span><\/p>\n

Paragraph 2A \u2013 Amount to be included in gross income for lump sum benefit from public sector fund<\/a><\/p>\n

Paragraph 2B \u2013 [Repealed]<\/p>\n

Paragraph 2C \u2013 Lump sum benefit received or accrued subsequent to retirement, death, withdrawal or resignation<\/a><\/p>\n

Paragraph 2D \u2013 Lump sum benefit under control of administrator<\/a><\/p>\n

Paragraph 3 \u2013 Deemed accrual immediately prior to death<\/a><\/p>\n

Paragraph 3A \u2013 Deemed accrual immediately prior to death \u2013 other<\/a><\/p>\n

Paragraph 3B \u2013 Lump sum benefit deemed to have accrued to trust<\/a><\/p>\n

Paragraph 4 \u2013 Deemed accrual<\/a><\/p>\n

Paragraph 5 \u2013 Deductions\u00a0of\u00a0amounts\u00a0in\u00a0respect\u00a0of\u00a0benefits\u00a0deemed\u00a0to\u00a0have\u00a0<\/a>accrued\u00a0<\/a><\/p>\n

prior\u00a0to\u00a0death<\/a><\/p>\n

Paragraph 6 \u2013 Withdrawal or resignation: winding up: deductions<\/a><\/p>\n

Paragraph 6A \u2013\u00a0Transfer on or after normal retirement age but before retirement date: Deductions<\/a><\/span><\/p>\n

Paragraph 6B \u2013 Transfer between the components of the retirement system: Deductions<\/a><\/span><\/p>\n

Paragraph 7 \u2013 [Repealed]<\/span><\/p>\n","post_title":"Second Schedule Index","collection_order":1031,"collection":597,"post_modified":"2024-09-07 20:07:57","post_date":"2016-05-08 09:40:12"},{"ID":"1843","post_content":"

1.<\/strong> \u00a0 \u00a0 For the purposes of this Schedule \u2013<\/em><\/span><\/p>\n","post_title":"Paragraph 1 - Definitions (Second Schedule)","collection_order":1032,"collection":597,"post_modified":"2016-11-17 14:52:03","post_date":"2015-10-15 12:13:27"},{"ID":"1845","post_content":"

\u201clump sum benefit\u201d<\/strong> includes-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any amount determined in respect of the commutation of an annuity or portion of an annuity-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 payable by; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 provided in consequence of membership or past membership of,<\/span><\/p>\n

<\/p>\n

a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund; and<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any fixed or ascertainable amount (other than an annuity) \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 payable by; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 provided in consequence of membership or past membership of,<\/span><\/p>\n

<\/p>\n

a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund, whether in one amount or in instalments, but does not include any amount deemed to be income accrued to a person in terms of section 7<\/a>(11);<\/p>\n","post_title":"\"Lump sum benefit\" definition of Second Schedule","collection_order":1033,"collection":597,"post_modified":"2021-03-07 16:12:34","post_date":"2015-04-19 14:17:36"},{"ID":"1847","post_content":"

\u201cpension fund\u201d<\/strong>, in relation to any person, means \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a fund which has in respect of the year of assessment in question or any previous year of assessment been approved by the Commissioner as a pension fund under paragraph (c) of the definition of \u201cpension fund\u201d in section 1<\/a> or a corresponding definition in any previous Income Tax Act; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a public sector fund (other than a fund referred to in paragraph (b) of the definition of \u201cprovident fund\u201d), the rules of which wholly or mainly provide for annuities on retirement to its members,<\/span><\/p>\n

<\/p>\n

if during any such year the person was a member of such fund;<\/p>\n","post_title":"\"Pension fund\" definition of Second Schedule","collection_order":1034,"collection":597,"post_modified":"2021-03-07 16:12:21","post_date":"2015-10-15 12:13:27"},{"ID":"1849","post_content":"

\u201cprovident fund\u201d<\/strong>, in relation to any person, means \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a fund which has in respect of the year of assessment in question or any previous year of assessment been approved by the Commissioner as a provident fund as defined in section 1<\/a> of this Act or the corresponding provisions of any previous Income Tax Act; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a public sector fund, the rules of which provide for benefits in a lump sum exceeding one\u2013<\/em>third of the capitalised value of all benefits (including lump sum payments and annuities) to its members on retirement,<\/span><\/p>\n

<\/p>\n

if during any such year the person was a member of such fund;<\/p>\n","post_title":"\"Provident fund\" definition of Second Schedule","collection_order":1035,"collection":597,"post_modified":"2021-03-07 16:12:02","post_date":"2015-10-15 12:13:27"},{"ID":"1851","post_content":"

\u201cpublic sector fund\u201d\u00a0<\/strong>means a fund referred to in\u00a0paragraph (a),\u00a0(b)\u00a0or\u00a0(d)\u00a0of the definition of \u201cpension fund\u201d<\/a> or\u00a0paragraph (a),\u00a0(b)\u00a0or\u00a0(c)\u00a0of the definition of \u201cprovident fund\u201d<\/a> in\u00a0section 1(1);<\/p>\n

[Definition of \u201cpublic sector fund\u201d inserted by\u00a0section\u00a091(1)(e)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and substituted by\u00a0section\u00a062(1)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section\u00a038(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0March, 2021 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Public sector fund\" definition of Second Schedule","collection_order":1036,"collection":597,"post_modified":"2022-02-05 22:16:08","post_date":"2015-10-15 12:13:27"},{"ID":"1853","post_content":"

\u201cretire\u201d<\/strong>, in relation to a person who is a member of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund, means to become entitled to the annuity or lump sum benefit contemplated in the definition of \u201cretirement date\u201d;<\/p>\n","post_title":"\"Retire\" definition of Second Schedule","collection_order":1037,"collection":597,"post_modified":"2021-03-07 16:12:49","post_date":"2015-10-15 12:13:27"},{"ID":"1855","post_content":"

\u201cretirement annuity fund\u201d<\/strong> in relation to any taxpayer, means a fund which has in respect of the year of assessment in question or any previous year of assessment been approved by the Commissioner as a retirement annuity fund as defined in section 1<\/a> of this Act or the corresponding provisions of any previous Income Tax Act, if during any such year the person was a member of such fund.<\/p>\n","post_title":"\"Retirement annuity fund\" definition of Second Schedule","collection_order":1038,"collection":597,"post_modified":"2021-03-07 16:12:58","post_date":"2015-10-15 12:13:27"},{"ID":"1857","post_content":"

2.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to section 9<\/a>(2)(i) and paragraphs 2A<\/a>, 2C<\/a> and 2D<\/a>, the amount to be included in the gross income of any person for any year of assessment in terms of paragraph (e) of the definition of \u201cgross income\u201d in section 1<\/a> shall be\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any amount received by or accrued to that person by way of a lump sum benefit derived in consequence of or following upon-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 his or her retirement or death;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the termination or loss of his or her employment due to-<\/span><\/p>\n

\u00a0<\/p>\n

(AA)\u00a0 his or her employer having ceased to carry on or intending to cease carrying on the trade in respect of which he or she was employed or appointed; or<\/span><\/p>\n

\u00a0<\/p>\n

(BB)\u00a0 that person having become redundant in consequence of his or her employer having effected a general reduction in personnel or a reduction in personnel of a particular class:<\/span><\/p>\n

\u00a0<\/p>\n

Provided that this subitem does not apply to any amount received by or accrued to a person by way of a lump sum where that person\u2019s employer is a company and that person at any time held more than five per cent of the equity shares or members\u2019 interest in that company; or<\/p>\n

\u00a0<\/p>\n

(iii) \u00a0 \u00a0 the commutation of an annuity or portion of an annuity,<\/span><\/p>\n

\u00a0<\/p>\n

less any deduction permitted under the provisions of paragraph 5<\/a> or 6<\/a>;<\/p>\n

[Words following subitem (iii) substituted by section 80 of Act 7 of 2010 and amended by section 62 of Act 17 of 2017 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amount \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(iA)\u00a0\u00a0 assigned in terms of a divorce order granted on or after 13 September 2007 under section 7(8)(a) of the Divorce Act, 1979 (Act No. 70 of 1979), to the extent that the amount so assigned-<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 constitutes a part of a pension interest, as defined in section 1 of the Divorce Act, 1979 (Act No. 70 of 1979), of a member of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund; and<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 is due and payable on or after 1 March 2012 to a person who is the former spouse of that member by that pension fund, pension preservation fund, provident fund or provident preservation fund or retirement annuity fund;<\/span><\/p>\n

\u00a0<\/p>\n

(iB)\u00a0\u00a0\u00a0 that is transferred for the benefit of that person to any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund from any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund of which that person is or previously was a member; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 other than an amount contemplated in item (a) or subitem (iA) or (iB), received by or accrued to that person by way of a lump sum benefit from or in consequence of membership or past membership of any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund,<\/span><\/p>\n

\u00a0<\/p>\n

less any deduction permitted under\u00a0paragraph 6<\/a>;<\/span><\/p>\n

[Item\u00a0(b)\u00a0amended by\u00a0section 62(1)\u00a0of\u00a0Act 17 of 2017\u00a0and by\u00a0section\u00a03(1)(a)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any amount transferred for the benefit of that person on or after normal retirement age, as defined in the rules of the fund, but before retirement date, less any deductions permitted under the provisions of paragraph 6A<\/a>; and<\/span><\/span><\/p>\n

[Item\u00a0(c)\u00a0added by\u00a0section 62(1)\u00a0of\u00a0Act 17 of 2017\u00a0and substituted by\u00a0section\u00a03(1)(b)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0any amount transferred for the benefit of that person within the same fund as contemplated in paragraph 6B<\/a>(a), 6B<\/a>(b) or 6B<\/a>(f) and any amount transferred on termination of membership in that fund or as contemplated in paragraph 2<\/a>(1)(b)(iA) to another fund for the benefit of that person as contemplated in paragraph 6B<\/a>(c), 6B<\/a>(d), or 6B<\/a>(e), less any deductions permitted under the provisions of paragraph 6B<\/a>.<\/span><\/span><\/p>\n

[Subparagraph\u00a0(1)\u00a0amended by\u00a0section\u00a092(1)(a)\u00a0and\u00a0(b)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and by\u00a0section\u00a048\u00a0of\u00a0Act\u00a034 of 2019.\u00a0Item\u00a0(d)\u00a0added by\u00a0section\u00a03(1)(c)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 An amount contemplated in subparagraph (1)(b) shall be deemed to accrue to a person \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of an amount contemplated in subparagraph (1)(b)(iA), on the date on which the amount is due and payable as contemplated in subparagraph (1)(b)(iA)(bb); and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of an amount contemplated in subparagraph (1)(b)(iB), on the date of its transfer.<\/span><\/p>\n","post_title":"Paragraph 2 (Second Schedule) - Amount to be included in gross income","collection_order":1039,"collection":597,"post_modified":"2024-09-06 13:32:43","post_date":"2015-10-15 12:13:27"},{"ID":"1859","post_content":"

2A.<\/strong>\u00a0\u00a0\u00a0 Where any lump sum benefit is received or accrues from a public sector fund, the amount to be included in the gross income of any person in terms of paragraph (e) of the definition of \u2018gross income\u2019 in section 1 shall be deemed to be an amount equal to the amount determined in accordance with the following formula:<\/span><\/p>\n


<\/span><\/p>\n

A \u00a0= \u00a0B\u00a0<\/span> \u00a0x \u00a0 D<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 C<\/p>\n

<\/p>\n

in which formula-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2018A\u2019 represents the amount which has to be determined;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2018B\u2019 represents-<\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u00a0where the number of completed years of employment of a person who is or was a member of a fund are in terms of the rules of that fund taken into account for the purpose of determining the amount of a benefit payable by the fund, the number of completed years of employment of the member after 1 March 1998, including previous or other periods of service approved as pensionable service in terms of the rules of any fund after 1 March 1998, other than completed years of employment representing-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 any benefit of a person who is a member of any public sector fund, which is after 1 March 1998 paid for the benefit of any person into another public sector fund in respect of any previous or other periods of service or membership accounted for prior to 1 March 1998 in terms of the rules of any public sector fund; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 years of pensionable service recognised as such in terms of Rule 10.5 or 10.6 of the Rules of the Government Employees Pension Fund, contained in Schedule 1 to the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996), to the extent that those years are not taken into account under item (aa);or<\/span><\/p>\n

<\/p>\n

(ii) \u00a0\u00a0\u00a0 where the number of completed years of employment are not taken into account as contemplated in subitem (i), the number of completed years after 1 March 1998 during which the member had, until the date of accrual of any benefit, been a member of any public sector fund or funds;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2018C\u2019 represents-<\/span><\/p>\n

<\/p>\n

(i)\u00a0 \u00a0\u00a0\u00a0 where the number of completed years of employment of a person who is or was a member of a fund are in terms of the rules of that fund taken into account for the purpose of determining the amount of the benefits payable to any person by the fund, the total number of completed years of employment so taken into account; or<\/span><\/p>\n

<\/p>\n

(ii) \u00a0\u00a0\u00a0 where the number of completed years of employment are not taken into account as contemplated in subitem (i), the number of completed years during which the member had, until the date of accrual of any benefit, continuously been a member of any public sector fund or funds; and<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2018D\u2019 represents the lump sum benefit payable to the person.<\/span><\/p>\n

<\/p>\n

2B.\u00a0<\/strong>\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Paragraph 2A (Second Schedule) - Amount to be included in gross income for lump sum benefit from public sector fund","collection_order":1040,"collection":597,"post_modified":"2018-05-30 11:41:31","post_date":"2015-10-15 12:13:27"},{"ID":"1861","post_content":"

2C.<\/strong>\u00a0\u00a0\u00a0 Any lump sum benefit, or part thereof, received by or accrued to a person subsequent to the person\u2019s retirement or death, or withdrawal or resignation from any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund or the winding up of any such fund, and in consequence of or following upon an event that is prescribed by the Minister by notice in the Gazette<\/em> and contemplated by the rules of any such fund or the approval of a scheme in terms of section 15B of the Pension Funds Act or paragraph 5.3(1)(b) of the Schedule which amends regulation 30 of the Regulations under the Long-term Insurance Act shall not constitute gross income of that person.<\/span><\/p>\n","post_title":"Paragraph 2C (Second Schedule) - Lump sum benefit received or accrued subsequent to retirement, death, withdrawal or resignation","collection_order":1041,"collection":597,"post_modified":"2016-11-17 14:54:29","post_date":"2015-10-15 12:13:27"},{"ID":"20350","post_content":"

2D.\u00a0<\/strong> \u00a0 Any lump sum benefit, or part thereof, received by or accrued to a person subsequent to the person\u2019s retirement, death, withdrawal or resignation from any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund held by or under the control of an administrator, as defined in section 1(1) of the Pension Funds Act, in consequence of an event prescribed by the Minister by notice in the Gazette <\/em>shall not constitute gross income of that person.<\/span><\/p>\n

[Paragraph 2D inserted by section 49 of Act 34 of 2019]<\/span><\/p>\n","post_title":"Paragraph 2D (Second Schedule) - Lump sum benefit under control of administrator","collection_order":1042,"collection":597,"post_modified":"2021-02-10 09:28:43","post_date":"2020-03-07 21:04:36"},{"ID":"1863","post_content":"

3.<\/strong> \u00a0 \u00a0 Any lump sum benefit which becomes recoverable from-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an insurer as defined in section 29A<\/a>(1) if that lump sum benefit is payable by, or provided in consequence of membership or past membership of, a fund contemplated in subparagraph (a),<\/span><\/p>\n

<\/p>\n

in consequence of or following upon the death of a person who is or was a member of that fund must, on the date of payment of that lump sum benefit, be deemed to have accrued to that person immediately prior to the death of that person: Provided that-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 so much of any tax payable as is due to the provisions of this paragraph may be recovered from the person by whom the lump sum benefit in question is received;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where any annuity or portion of an annuity (including a living annuity) which becomes payable on or in consequence of or following upon the death of a person who is or was a member of any such fund has been commuted for a lump sum, such lump sum shall for the purposes of this paragraph be deemed to be a lump sum benefit which has become recoverable in consequence of or following upon the death of such person;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 where any such lump sum benefit becomes payable but the dependants or nominees of that member or past member elect an annuity (including a living annuity) that is purchased or provided by that fund, no lump sum benefit shall be deemed to have so accrued to the extent that the lump sum benefit was utilised to purchase or provide the annuity; and<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 where any such lump sum benefit is paid to a pension preservation fund or provident preservation fund as an unclaimed benefit as defined in the Pension Funds Act, no lump sum benefit shall be deemed to have so accrued.<\/span><\/p>\n

[Paragraph (v) substituted by section 83 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Paragraph 3 (Second Schedule) - Deemed accrual immediately prior to death","collection_order":1043,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:27"},{"ID":"1865","post_content":"

3A.<\/strong>\u00a0\u00a0\u00a0\u00a0\u00a0 Any lump sum benefit which becomes recoverable from-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an insurer as defined in section 29A<\/a>(1) if that lump sum benefit is payable by or provided in consequence of membership or past membership of a fund contemplated in subparagraph (a),<\/span><\/p>\n

<\/p>\n

in consequence of or following upon the death of any person other than a person who is or was a member of that fund shall, on the date of payment of that lump sum benefit, be deemed to have accrued to the deceased person immediately prior to the death of that person: Provided that-<\/p>\n

[Words following subparagraph (b) and preceding the proviso substituted by section 96 of Act 22 of 2012 effective on 1 March 2012]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 so much of any tax payable as is due to the provisions of this paragraph may be recovered from the person by whom the lump sum benefit in question is received;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0where any annuity or portion of an annuity (including a living annuity) which becomes payable on or in consequence of or following upon the death of a person other than a person who was a member of any such fund has been commuted for a lump sum, such lump sum shall for the purposes of this paragraph be deemed to be a lump sum benefit which has become recoverable in consequence of or following upon the death of such deceased person;<\/span><\/p>\n

[Paragraph (ii) of the proviso substituted by section 96 of Act 22 of 2012 effective on 1 March 2012]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 where any such lump sum benefit becomes payable but the dependants or nominees of that person elect an annuity (including a living annuity) that is purchased or provided by that fund, no lump sum benefit shall be deemed to have so accrued to the extent that the lump sum benefit was utilised to purchase or provide the annuity; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 where any such lump sum benefit is paid to a pension preservation fund or provident preservation fund as an unclaimed benefit as defined in the Pension Funds Act, no lump sum benefit shall be deemed to have so accrued.<\/span><\/p>\n

[Paragraph 3A inserted by section 82 of Act 7 of 2010, substituted by section 84 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Paragraph 3A (Second Schedule) - Deemed accrual immediately prior to death - other","collection_order":1044,"collection":597,"post_modified":"2017-12-06 20:49:47","post_date":"2015-10-15 12:13:27"},{"ID":"22064","post_content":"

3B.<\/strong> \u00a0 Any lump sum benefit which becomes recoverable from-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0an insurer as defined in section 29A<\/a>(1) if that lump sum benefit is payable by or provided in consequence of membership or past membership of a fund contemplated in subparagraph (a),<\/span><\/p>\n

<\/p>\n

in consequence of the termination of a trust shall in pursuance of that termination, on the date of payment of that lump sum benefit, be deemed to have accrued to that trust immediately prior to the date of termination of the trust.<\/p>\n

[Paragraph 3B\u00a0inserted by\u00a0section 39\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n","post_title":"Paragraph 3B (Second Schedule) - Lump sum benefit deemed to have accrued to trust","collection_order":1045,"collection":597,"post_modified":"2022-02-05 22:16:49","post_date":"2021-02-10 19:34:21"},{"ID":"1867","post_content":"

4.<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Notwithstanding the rules of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund, and subject to paragraphs 3<\/a> and 3A<\/a>, any lump sum benefit shall be deemed to have accrued to a person who is a member of such fund on the earliest of the date-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 on which an election is made in respect of which the benefit becomes recoverable;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 on which any amount is deducted from the benefit in terms of section 37D(1)(a), (b) or (c) of the Pension Funds Act;<\/span><\/p>\n

[Item (b) substituted by section 85 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 on which the benefit is transferred to another pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Item (d) deleted by section 71 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 of his or her death,<\/span><\/p>\n

<\/p>\n

and shall be assessed to tax in respect of the year of assessment during which such lump sum benefit is deemed to accrue.<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 If upon a member\u2019s withdrawal or resignation from or the winding up of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund on or after the fifteenth day of March, 1961, a policy of insurance is ceded or otherwise made over to or in favour of such member before the date of promulgation of the Income Tax Act, 1964, any lump sum due in respect of such policy upon its maturity or surrender before such date shall be deemed to be a lump sum benefit accruing to such member from a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund, as the case may be, on the date of such maturity or surrender, or, if such member dies before such last-mentioned date, on the date of his or her death, and shall be assessed to tax in respect of the year of assessment during which such benefit is deemed to accrue as though it were a lump sum benefit derived by him or her upon his or her withdrawal or resignation from the fund or upon his or her retirement or immediately prior to his or her death, as the case may be:<\/span><\/p>\n

<\/p>\n

Provided that if after the cession or making over of such policy any premiums are paid thereon by such member, there shall be deducted from such lump sum, in addition to any other deduction to which such member may be entitled in terms of this Schedule, an amount which bears to such lump sum the same ratio as the sum of the premiums paid by him after such cession or making over bears to the sum of all the premiums paid on such policy.<\/p>\n

<\/p>\n

(2)bis<\/em> If a policy of insurance is ceded or otherwise made over to or in favour of a person who is a member of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund by that fund on or after the date of commencement of the Income Tax Act, 1964, the surrender value of such policy shall, provided such person retired or ceased to be a member of such fund on or after the fifteenth day of March, 1961, be deemed for the purposes of this Schedule to be a lump sum benefit accruing to such person from such fund on the date of such cession or making over.<\/span><\/p>\n

<\/p>\n

(3) \u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/span><\/p>\n

[Subparagraph\u00a0(3)\u00a0substituted by\u00a0section\u00a036(1)\u00a0of\u00a0Act\u00a021 of 1995, by\u00a0section\u00a097(1)(c)\u00a0of\u00a0Act\u00a022 of 2012, by\u00a0section\u00a085(b)\u00a0of\u00a0Act\u00a025 of 2015\u00a0and by\u00a0section\u00a063(1)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and deleted by\u00a0section\u00a019(1)\u00a0of\u00a0Act\u00a020 of 2022\u00a0with effect from 1\u00a0March, 2023]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Paragraph 4 (Second Schedule) - Deemed accrual","collection_order":1046,"collection":597,"post_modified":"2023-03-11 22:39:55","post_date":"2015-10-15 12:13:27"},{"ID":"1874","post_content":"

BENEFITS ACCRUING UPON RETIREMENT AND BENEFITS DEEMED TO HAVE <\/strong>ACCRUED IMMEDIATELY PRIOR TO PERSON\u2019S DEATH: DEDUCTIONS<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

5.<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0 \u00a0 The deduction to be allowed for the purposes of paragraph 2<\/a>(1)(a) is an amount equal to so much of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0contributions that did not rank for a deduction against the person\u2019s income in terms of section 11F<\/a> to any pension fund, pension preservation fund, provident fund, provident preservation fund and retirement annuity fund of which he or she is or previously was a member;<\/span><\/p>\n

[Item\u00a0(a)\u00a0substituted by\u00a0section 112(1)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section 63(1)(a)\u00a0of\u00a0Act\u00a017 of 2017\u00a0and by\u00a0section 40(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 1\u00a0March, 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 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 in terms of section 37D(4)(b)(ii) of the Pension Funds Act;<\/span><\/p>\n

[Paragraph (b) substituted by section 86 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any amount that is deemed to have accrued to the person as contemplated in paragraph 2<\/a>(2)(b);<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 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\u00a0 and was subject to tax prior to that transfer or payment; and<\/span><\/p>\n

[Paragraph (d) substituted by section 86 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0any other amounts in respect of which the formula in\u00a0paragraph 2A<\/a>\u00a0applies, which have been-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0paid into a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund for the person\u2019s benefit by a public sector fund; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0transferred into a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund directly from a fund contemplated in subitem (i) for the person\u2019s benefit,<\/span><\/p>\n

<\/p>\n

less the amount represented by symbol A when so applying that formula,<\/p>\n

[Item (e) substituted by section 63 of Act 17 of 2017 effective on 1 March 2018]<\/span><\/p>\n

<\/p>\n

as has not been exempted in terms of section 10C<\/a> or has not previously been allowed to the person as a deduction in terms of this Schedule in determining the amount to be included in that person\u2019s gross income.<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 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.<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 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.<\/span><\/p>\n","post_title":"Paragraph 5 (Second Schedule) - Benefits accruing upon retirement and benefits deemed to have accrued immediately prior to person's death: Deductions","collection_order":1047,"collection":597,"post_modified":"2022-02-12 19:43:12","post_date":"2015-10-15 12:13:27"},{"ID":"1876","post_content":"

WITHDRAWAL OR RESIGNATION: WINDING UP: DEDUCTIONS<\/strong><\/p>\n

<\/p>\n

6.<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The deduction to be allowed for the purposes of paragraph 2<\/a>(1)(a)(ii) or (b) is an amount equal to \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a lump sum benefit contemplated in paragraph 2<\/a>(1)(b)(iA) and (iB), so much of the benefit as is paid or transferred for the benefit of the person from a-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0pension 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<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0retirement annuity fund into any retirement annuity fund; and<\/span><\/p>\n

[Item\u00a0(a)\u00a0amended by\u00a0section\u00a092(1)(a)-(f) of\u00a0Act\u00a024 of 2011, by\u00a0section\u00a099(1)(a)\u00a0and\u00a0(b)\u00a0of\u00a0Act\u00a022 of 2012\u00a0and by\u00a0section\u00a065(1)(a)\u00a0and\u00a0(b)\u00a0of\u00a0Act 23 of 2018\u00a0and substituted by\u00a0section\u00a0113(1)(a)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section\u00a050(1)(a)\u00a0of\u00a0Act\u00a034 of 2019\u00a0and by\u00a0section\u00a050(1)(b)\u00a0of\u00a0Act\u00a034 of 2019\u00a0deemed effective on 1\u00a0March, 2021 and applicable in respect of transfers made on or after that date (effective date in\u00a0section\u00a050(3)\u00a0of\u00a0Act\u00a034 of 2019\u00a0as substituted by\u00a0section\u00a040\u00a0of\u00a0Act\u00a020 of 2022)]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in any other case, so much of the aggregate of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 contributions that did not rank for a deduction against the person\u2019s income in terms of section 11F<\/a> 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;<\/span><\/p>\n

[Sub-item\u00a0(i)\u00a0substituted by\u00a0section 113(1)(b)\u00a0of\u00a0Act\u00a031 of 2013, by\u00a0section 64(1)(a)\u00a0of\u00a0Act 17 of 2017\u00a0and by\u00a0section 41(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0deemed effective on 1\u00a0March, 2016]<\/span><\/p>\n

<\/p>\n

(ii) \u00a0\u00a0\u00a0 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;<\/span><\/p>\n

[Subitem (ii) substituted by section 87 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(iii) \u00a0\u00a0 any amount that is deemed to have accrued to the person as contemplated in paragraph 2<\/a>(1)(b)(iB);<\/span><\/p>\n

<\/p>\n

(iv) \u00a0\u00a0 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<\/span><\/p>\n

[Subitem (iv) substituted by section 87 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0\u00a0any other amounts in respect of which the formula in\u00a0paragraph 2A<\/a>\u00a0applies, which have been-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0paid into a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund for the person\u2019s benefit by a public sector fund; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0transferred 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\u2019s benefit, less the amount represented by symbol A when applying that formula,<\/span><\/p>\n

[Subitem (bb) substituted by section 65 of Act 23 of 2018 effective on 1 March 2018]<\/span><\/p>\n

[Subitem (v) substituted by section 64 of Act 17 of 2017 effective on 1 March 2018]<\/span><\/p>\n

<\/p>\n

as has not been exempted in terms of section 10C<\/a> 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\u2019s gross income.<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 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.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 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\u00a0 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.<\/span><\/p>\n

[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 \u2013 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]<\/span><\/p>\n","post_title":"Paragraph 6 (Second Schedule) - Withdrawal or resignation: Winding up: Deductions","collection_order":1048,"collection":597,"post_modified":"2023-01-22 21:51:57","post_date":"2015-10-15 12:13:27"},{"ID":"13974","post_content":"

TRANSFER ON OR AFTER NORMAL RETIREMENT AGE BUT BEFORE RETIREMENT DATE: DEDUCTIONS<\/strong><\/p>\n

<\/p>\n

6A.<\/strong>\u00a0\u00a0\u00a0 The deduction to be made from a lump sum benefit contemplated in paragraph 2<\/a>(1)(c) is equal to so much of that lump sum benefit as is transferred for the benefit of a person from a-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 pension fund into a pension preservation fund, provident preservation fund or a retirement annuity fund\u037e<\/span><\/span><\/p>\n

[Subparagraph (a) substituted by section 66(1)(a) of Act 23 of 2018 and by section 42(1) of Act 23 of 2020 and amended by section 35(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0provident fund into a pension preservation fund, provident preservation fund or a retirement annuity fund;<\/span><\/span><\/p>\n

[Subparagraph (b)\u00a0substituted by\u00a0section\u00a066(1)(a)\u00a0of\u00a0Act\u00a023 of 2018, amended by\u00a0section\u00a035(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and substituted by\u00a0section\u00a040(1)(a)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect 1\u00a0March, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0pension preservation fund or provident preservation fund into another pension preservation or provident preservation fund or a retirement annuity fund; or<\/span><\/span><\/p>\n

[Subparagraph\u00a0(c)\u00a0added by\u00a0section\u00a035(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and substituted by\u00a0section\u00a040(1)(a)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect 1\u00a0March, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0pension fund or provident fund into another pension fund or provident fund that is subject to an involuntary transfer.<\/span><\/span><\/p>\n

[Subparagraph\u00a0(d)\u00a0added by\u00a0section\u00a040(1)(b)\u00a0of\u00a0Act\u00a017 of 2023\u00a0with effect 1\u00a0March, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

[Paragraph 6A added by section 65 of Act 17 of 2017 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Paragraph 6A (Second Schedule) - Transfer on or after normal retirement age but before retirement date: Deductions","collection_order":1049,"collection":597,"post_modified":"2024-03-06 20:54:05","post_date":"2018-05-30 09:28:50"},{"ID":"24991","post_content":"

TRANSFER BETWEEN THE COMPONENTS OF THE RETIREMENT SYSTEM: DEDUCTIONS<\/strong><\/span><\/p>\n

\u00a0<\/p>\n

6B. \u00a0\u00a0 <\/strong>The deduction to be allowed from an amount contemplated in paragraph 2<\/a>(1)(d) is equal to so much of that amount as is transferred for the benefit of a person from the-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0savings component into the member\u2019s retirement component in that same fund;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0vested component into the member\u2019s retirement component in that same fund;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0savings component in that fund into the member\u2019s or former spouse of that member\u2019s savings component or member\u2019s or former spouse of that member\u2019s retirement component in another pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0vested component in that fund into the member\u2019s or former spouse of that member\u2019s vested component or member\u2019s or former spouse of that member\u2019s retirement component in another pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0retirement component into the member\u2019s or former spouse of that member\u2019s retirement component of another pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 vested component into the member\u2019s savings component in that same fund for purposes of the allocation as contemplated in paragraph (a) of the \u201csavings component\u201d<\/a> definition-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

Provided that any transfers contemplated under item (c), (d) or (e) are only permissible on termination of membership in the transferor fund or as contemplated in paragraph 2<\/a>(1)(b)(iA): Provided further that any transfers contemplated under item (c), (d) or (e) are only permissible if all the remaining components are transferred into the same transferee fund.<\/span><\/p>\n

[Paragraph 6B\u00a0added by\u00a0section\u00a04(1)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Paragraph 6B (Second Schedule) - Transfer between the components of the retirement system: Deductions","collection_order":1050,"collection":597,"post_modified":"2024-09-09 20:09:39","post_date":"2024-09-06 13:21:35"},{"ID":"1878","post_content":"

THIRD SCHEDULE<\/strong><\/p>\n


<\/strong><\/p>\n

Laws Repealed<\/strong><\/p>\n

\u00a0<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
Number and Year of Law<\/strong><\/td>\nShort title<\/strong><\/td>\nExtent of repeal<\/strong><\/td>\n<\/tr>\n
Act No. 29 of 1939<\/td>\nCo\u2013<\/em>operative Societies Act, 1939<\/td>\nSubsections (2) and (3) of section ninety\u2013<\/em>nine<\/td>\n<\/tr>\n
Act No. 31 of 1941<\/td>\nIncome Tax Act, 1941<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 46 of 1941<\/td>\nSpecial Taxation Act, 1941<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 34 of 1942<\/td>\nIncome Tax Act, 1942<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 26 of 1943<\/td>\nIncome Tax Act, 1943<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 31 of 1943<\/td>\nSpecial Taxation Amendment Act, 1943<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 47 of 1944<\/td>\nIncome Tax Act, 1944<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 39 of 1945<\/td>\nIncome Tax Act, 1945<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 55 of 1946<\/td>\nIncome Tax Act, 1946<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 52 of 1947<\/td>\nIncome Tax Act, 1947<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 40 of 1948<\/td>\nIncome Tax Act, 1948<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 45 of 1949<\/td>\nIncome Tax Act, 1949<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 35 of 1950<\/td>\nIncome Tax Act, 1950<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 64 of 1951<\/td>\nIncome Tax Act, 1951<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 56 of 1952<\/td>\nIncome Tax Act, 1952<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 34 of 1953<\/td>\nIncome Tax Act, 1953<\/td>\nThe whole, except section two<\/td>\n<\/tr>\n
Act No. 55 of 1954<\/td>\nIncome Tax Act, 1954<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 43 of 1955<\/td>\nIncome Tax Act, 1955<\/td>\nThe whole, except sections fourteen and fifteen<\/td>\n<\/tr>\n
Act No. 55 of 1956<\/td>\nIncome Tax Act, 1956<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 61 of 1957<\/td>\nIncome Tax Act, 1957, ID: \u00a0720309 5052 083<\/td>\nThe whole, except section three [HIA = Herschel Israel Alpert]<\/td>\n<\/tr>\n
Act No. 36 of 1958<\/td>\nIncome Tax Act, 1958<\/td>\nThe whole, except sections three and nineteen<\/td>\n<\/tr>\n
Act No. 78 of 1959<\/td>\nIncome Tax Act, 1959<\/td>\nThe whole, except section three<\/td>\n<\/tr>\n
Act No. 58 of 1960<\/td>\nIncome Tax Act, 1960<\/td>\nThe whole<\/td>\n<\/tr>\n
Act No. 80 of 1961<\/td>\nIncome Tax Act, 1961<\/td>\nThe whole, except sections thirty\u2013<\/em>two and thirty\u2013<\/em>three<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\u00a0<\/p>\n","post_title":"Third Schedule - Laws Repealed","collection_order":1051,"collection":597,"post_modified":"2017-05-25 18:18:41","post_date":"2015-10-15 12:13:27"},{"ID":"1880","post_content":"

FOURTH SCHEDULE<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

AMOUNTS TO BE DEDUCTED OR WITHHELD BY EMPLOYERS AND PROVISIONAL PAYMENTS IN RESPECT OF NORMAL TAX<\/strong><\/p>\n

(Section 5<\/a> of this Act)<\/p>\n

[Heading of the Fourth Schedule substituted by section 5 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Fourth Schedule - Amounts to be deducted or withheld by employers and provisional payments in respect of normal tax","collection_order":1052,"collection":597,"post_modified":"2017-12-06 20:59:27","post_date":"2015-10-15 12:13:27"},{"ID":"4947","post_content":"

Fourth Schedule Index<\/strong><\/p>\n

<\/p>\n

PART I<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 1 \u2013 Definitions\ufeff<\/a><\/span><\/p>\n

<\/p>\n

PART II \u2013 EMPLOYEES\u2019 TAX<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 2\u00a0\u2013 Employers to deduct tax<\/a><\/span><\/p>\n

Paragraph 3\u00a0\u2013 Liability of any employer to deduct or withhold any amount of employees\u2019 tax<\/a><\/p>\n

Paragraph 4\u00a0\u2013 Debt due to the State<\/a><\/p>\n

Paragraph 5\u00a0\u2013 Personal liability of employer for payment of employees\u2019 tax<\/a><\/p>\n

Paragraph 6\u00a0\u2013 Failure to pay employees\u2019 tax by employer<\/a><\/p>\n

Paragraph 7\u00a0\u2013 Agreement between employee and employer void<\/a><\/p>\n

Paragraph 8 \u2013 [Repealed]<\/p>\n

Paragraph 9\u00a0\u2013 Employees\u2019 tax deduction tables<\/a><\/span><\/p>\n

Paragraph 10\u00a0\u2013 Variation of determination of employees\u2019 tax<\/a><\/span><\/p>\n

Paragraph 11\u00a0\u2013 Issue of directive by Commissioner<\/a><\/p>\n

Paragraph 11A\u00a0\u2013 Employees\u2019 tax on certain amounts included as remuneration<\/a><\/p>\n

Paragraph 11B\u00a0\u2013 [Repealed]<\/a><\/p>\n

Paragraph 11C\u00a0\u2013 Deemed remuneration in respect of directors of private companies<\/a><\/p>\n

Paragraph 12 \u2013 [Repealed]<\/p>\n

Paragraph 12A\u00a0\u2013 [Repealed]<\/p>\n

Paragraph 13\u00a0\u2013 Furnishing and obtaining of employees\u2019 tax certificates<\/a><\/p>\n

Paragraph 14\u00a0\u2013 Employees to keep records and furnish returns<\/a><\/p>\n

Paragraph 15\u00a0\u2013 Registration of employers<\/a><\/p>\n

Paragraph 16 \u2013 [Repealed]<\/p>\n

<\/p>\n

PART III \u2013 PROVISIONAL TAX<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 17\u00a0\u2013 Payment of provisional tax<\/a><\/p>\n

Paragraph 18\u00a0\u2013 [Repealed]<\/a><\/p>\n

Paragraph 19\u00a0\u2013 Estimates of taxable income to be made by provisional taxpayers<\/a><\/p>\n

Paragraph 20\u00a0\u2013 Penalty for\u00a0underpayment\u00a0of\u00a0provisional\u00a0tax\u00a0as\u00a0a\u00a0result\u00a0of\u00a0underestimation<\/a><\/span><\/p>\n

Paragraph 20A\u00a0\u2013\u00a0[Repealed]<\/a><\/p>\n

Paragraph 21\u00a0\u2013 Payment of provisional tax by provisional taxpayers (other than companies)<\/a><\/p>\n

Paragraph 22 \u2013 [Repealed]<\/p>\n

Paragraph 23\u00a0\u2013 Provisional tax payments by companies<\/a><\/p>\n

Paragraph 23A\u00a0\u2013 Additional provisional tax payments<\/a><\/p>\n

Paragraph 24\u00a0\u2013 Determination by Commissioner if estimation cannot be made<\/a><\/p>\n

Paragraph 25\u00a0\u2013 Extension of time for payment of provisional tax<\/a><\/p>\n

Paragraph 26 \u2013 [Repealed]<\/p>\n

Paragraph 27\u00a0\u2013 Penalty on late payment of provisional tax<\/a><\/p>\n

<\/p>\n

PART IV<\/strong><\/p>\n

<\/p>\n

Paragraph 28\u00a0\u2013 General employees\u2019 tax and provisional tax to be set off against tax liability<\/a><\/p>\n

Paragraph 28A\u00a0\u2013 Payments regarded as taxpayer\u2019s liability for tax<\/a><\/p>\n

Paragraph 29\u00a0\u2013 Refunds determined by Commissioner<\/a><\/p>\n

Paragraph 30\u00a0\u2013 Offences<\/a><\/p>\n

Paragraph 31 \u2013 [Repealed]<\/p>\n

Paragraph 32 \u2013 [Repealed]<\/p>\n

Paragraph 33 \u2013 [Repealed]<\/p>\n

Paragraph 34 \u2013 [Repealed]<\/p>\n","post_title":"Fourth Schedule Index","collection_order":1053,"collection":597,"post_modified":"2024-09-07 20:08:53","post_date":"2016-05-08 10:10:59"},{"ID":"1882","post_content":"

PART I<\/strong><\/p>\n","post_title":"PART I","collection_order":1054,"collection":597,"post_modified":"2017-05-25 15:21:35","post_date":"2015-10-15 12:13:27"},{"ID":"1884","post_content":"

1. \u00a0 \u00a0 DEFINITIONS<\/span><\/strong><\/p>\n","post_title":"Paragraph 1 - Definitions (Fourth Schedule)","collection_order":1055,"collection":597,"post_modified":"2017-05-25 15:21:04","post_date":"2015-10-15 12:13:27"},{"ID":"1886","post_content":"

For the purposes of this Schedule, unless the context otherwise indicates \u2013<\/em><\/span><\/p>\n

<\/p>\n

\u201cemployee\u201d <\/strong>means \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any person (other than a company) who receives any remuneration or to whom any remuneration accrues;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any person who receives any remuneration or to whom any remuneration accrues by reason of any services rendered by such person to or on behalf of a labour broker;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any labour broker;<\/span><\/p>\n

[Paragraph (c) amended by section 6 of Act 23 of 2015 effective on 8 January 2016]<\/span>\u00a0<\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any person or class or category of person whom the Minister of Finance by notice in the Gazette<\/em> declares to be an employee for the purposes of this definition;<\/span><\/p>\n

[Paragraph (d) amended by section 66 of Act 60 of 2008 effective on1 March 2009 and section 6 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any personal service provider; or<\/span><\/p>\n

[Paragraph (e) added by section 52 of Act 30 of 2000, substituted by section 66 of Act 60 of 2008 effective on 1 March 2009 and amended by section 6 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026..<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (g) added by section 19 of Act 19 of 2001 and\u00a0deleted by section 4 of Act 22 of 2018 effective on 1 March 2019, applies to years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Employee\" definition of Fourth Schedule","collection_order":1056,"collection":597,"post_modified":"2021-04-05 11:05:55","post_date":"2015-10-15 12:13:27"},{"ID":"1888","post_content":"

\u201cemployees\u2019 tax\u201d<\/strong> means the tax required to be deducted or withheld by an employer in terms of paragraph 2<\/a> from remuneration paid or payable to an employee;<\/p>\n","post_title":"\"Employees' tax\" definition of Fourth Schedule","collection_order":1057,"collection":597,"post_modified":"2017-05-25 15:21:48","post_date":"2015-10-15 12:13:27"},{"ID":"1890","post_content":"

\u201cemployees\u2019 tax certificate\u201d<\/strong> means a certificate required to be issued by an employer in terms of paragraph 13<\/a>;<\/p>\n","post_title":"\"Employees' tax certificate\" definition of Fourth Schedule","collection_order":1058,"collection":597,"post_modified":"2024-09-07 20:16:33","post_date":"2015-10-15 12:13:27"},{"ID":"1892","post_content":"

\u201cemployer\u201d<\/strong> means any person (excluding any person not acting as a principal, but including any person acting in a fiduciary capacity or in his capacity as a trustee in an insolvent estate, an executor or an administrator of a benefit fund, pension fund, pension preservation fund, provident fund, provident preservation fund, retirement annuity fund or any other fund) who pays or is liable to pay to any person any amount by way of remuneration, and any person responsible for the payment of any amount by way of remuneration to any person under the provisions of any law or out of public funds (including the funds of any provincial council or any administration or undertaking of the State) or out of funds voted by Parliament or a provincial council;<\/p>\n","post_title":"\"Employer\" definition of Fourth Schedule","collection_order":1059,"collection":597,"post_modified":"2017-05-25 15:21:59","post_date":"2015-10-15 12:13:27"},{"ID":"1894","post_content":"

\u201clabour broker\u201d<\/strong> means any natural person who conducts or carries on any business whereby such person for reward provides a client of such business with other persons to render a service or perform work for such client, or procures such other persons for the client, for which services or work such other persons are remunerated by such person;<\/p>\n","post_title":"\"Labour broker\" definition of Fourth Schedule","collection_order":1060,"collection":597,"post_modified":"2017-05-25 15:22:03","post_date":"2015-10-15 12:13:27"},{"ID":"1896","post_content":"

\u201cmonth\u201d<\/strong> means any of the twelve portions into which any calendar year is divided;<\/p>\n","post_title":"\"Month\" definition of Fourth Schedule","collection_order":1061,"collection":597,"post_modified":"2017-05-25 15:22:09","post_date":"2015-10-15 12:13:27"},{"ID":"1898","post_content":"

\u201cpersonal service provider\u201d<\/strong> means any company or trust, where any service rendered on behalf of such company or trust to a client of such company or trust is rendered personally by any person who is a connected person in relation to such company or trust, and-<\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such person would be regarded as an employee of such client if such service was rendered by such person directly to such client, other than on behalf of such company or trust; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where those duties must be performed mainly at the premises of the client, such person or such company or trust is subject to the control or supervision of such client as to the manner in which the duties are performed or are to be performed in rendering such service; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 where more than 80 per cent of the income of such company or trust during the year of assessment, from services rendered, consists of or is likely to consist of amounts received directly or indirectly from any one client of such company or trust, or any associated institution as defined in the Seventh Schedule to this Act, in relation to such client,<\/span><\/p>\n

<\/p>\n

except where such company or trust throughout the year of assessment employs three or more full-time employees who are on a full-time basis engaged in the business of such company or trust of rendering any such service, other than any employee who is a holder of a share in the company or settlor or beneficiary of the trust or is a connected person in relation to such person;<\/p>\n

[Words following paragraph (c) substituted by section 7 of Act 39 of 2013 effective on 1 January 2014 and section 6 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"\"Personal service provider\" definition of Fourth Schedule","collection_order":1062,"collection":597,"post_modified":"2017-12-06 21:02:01","post_date":"2015-10-15 12:13:26"},{"ID":"1900","post_content":"

\u201cprovisional tax\u201d<\/strong> means any payment in respect of liability for normal tax required to be made in terms of paragraph 17<\/a>;<\/p>\n

[Definition of \u201cprovisional tax\u201d substituted by section 6 of Act 23 of 2015 effective on 8 January 2016]\u00a0<\/span><\/p>\n","post_title":"\"Provisional tax\" definition of Fourth Schedule","collection_order":1063,"collection":597,"post_modified":"2017-12-06 21:01:59","post_date":"2015-10-15 12:13:26"},{"ID":"1902","post_content":"

\u201cprovisional taxpayer\u201d<\/strong> means \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 any person (other than a company) who derives income by way of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any remuneration from an employer that is not registered in terms of paragraph 15<\/a>; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any amount which does not constitute remuneration or an allowance or advance contemplated in section 8<\/a>(1);<\/span><\/p>\n

[Paragraph (a) substituted by section 5 of Act 16 of 2016 and section 8 of Act 13 of 2017 effective on 1 March 2017 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any company; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any person who is notified by the Commissioner that he or she is a provisional taxpayer,<\/span><\/p>\n

<\/p>\n

but shall exclude \u2013<\/p>\n

<\/p>\n

(aa) \u00a0 any public benefit organisation as contemplated in paragraph (a) of the definition of \u2018public benefit organisation\u2019 in section 30<\/a>(1) that has been approved by the Commissioner in terms of section 30(3);<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0any recreational club as contemplated in the definition of \u2018recreational club\u2019 in section 30A<\/a>(1) that has been approved by the Commissioner in terms of section 30A<\/a>(2);<\/span><\/p>\n

[Paragraph (bb) amended by section 7 of Act 44 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 \u00a0any body corporate, share block company or association of persons contemplated in section 10(1)(e)<\/a>;<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0\u00a0 any-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 person in respect of whose liability for normal tax for the relevant year of assessment payments are required to be made under section 33<\/a>;<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 natural person who does not derive any income from the carrying on of any business, if-<\/span><\/p>\n

<\/p>\n

(AA)\u00a0\u00a0the taxable income of that person for the relevant year of assessment does not exceed the tax threshold; or<\/span><\/p>\n

<\/p>\n

(BB)\u00a0\u00a0the taxable income of that person for the relevant year of assessment which is derived from interest, dividends, foreign dividends, rental from the letting of fixed property and any remuneration from an employer that is not registered in terms of paragraph 15<\/a> does not exceed R30 000;<\/span><\/p>\n

[Item (BB) substituted by\u00a0section\u00a05(1)(b)\u00a0of\u00a0Act\u00a016 of 2016\u00a0effective on 1\u00a0March, 2017 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

[Paragraph (dd) added by section 18 of Act 8 of 2010, amended by section 7 of Act 44 of 2014 effective on 1 March 2015, substituted by section 6(d) of Act 23 of 2015 effective on 8 January 2016, amended by section 6(e) of Act 23 of 2015 effective on 1 March 2016]<\/span><\/p>\n

<\/p>\n

(ee)\u00a0\u00a0\u00a0a small business funding entity;<\/span><\/p>\n

[Paragraph (ee)\u00a0added by\u00a0section 7(1)(c)\u00a0of\u00a0Act\u00a044 of 2014, substituted by\u00a0section 6(1)(d)\u00a0of\u00a0Act\u00a023 of 2015\u00a0and amended by\u00a0section 6(1)(e)\u00a0of\u00a0Act\u00a023 of 2015\u00a0and by\u00a0section 6\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(ff)\u00a0\u00a0\u00a0\u00a0\u00a0a deceased estate; and<\/span><\/p>\n

[Paragraph (ff)\u00a0added by\u00a0section 6(1)(e)\u00a0of\u00a0Act\u00a023 of 2015\u00a0and amended by\u00a0section 6\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(gg)\u00a0\u00a0 any entity as defined in section 30B that has been approved by the Commissioner in terms of section 30B(2);<\/span><\/p>\n

[Definition of \u201cprovisional taxpayer\u201d amended by\u00a0section 47(1)(b)\u00a0of\u00a0Act 85 of 1974, by\u00a0section 38\u00a0of\u00a0Act\u00a0121 of 1984, by\u00a0section 44(1)(a)\u00a0of\u00a0Act 129 of 1991, by\u00a0section 53(1)(a)\u00a0of\u00a0Act\u00a059 of 2000, by\u00a0section 46(1)(a)\u00a0of\u00a0Act\u00a032 of 2004, by\u00a0section 49(1)(a)\u00a0and\u00a0(b)\u00a0of\u00a0Act\u00a031 of 2005, by\u00a0section 39(g)\u00a0of\u00a0Act\u00a020 of 2006, by\u00a0section 54(1)(c)\u00a0of\u00a0Act 8 of 2007, by\u00a0section 43(b)\u00a0of\u00a0Act\u00a03 of 2008\u00a0and substituted by\u00a0section 17(1)(a)\u00a0of\u00a0Act\u00a018 of 2009\u00a0deemed effective on 1\u00a0January, 2009 and applicable in respect of years of assessment ending on or after that date.\u00a0Paragraph (gg)\u00a0added by\u00a0section 6\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n","post_title":"\"Provisional taxpayer\" definition of Fourth Schedule","collection_order":1064,"collection":597,"post_modified":"2022-02-05 22:18:34","post_date":"2015-10-15 12:13:26"},{"ID":"1904","post_content":"

\u201cremuneration\u201d<\/strong> means any amount of income which is paid or is payable to any person by way of any salary, leave pay, wage, overtime pay, bonus, gratuity, commission, fee, emolument, pension, superannuation allowance, retiring allowance or stipend, whether in cash or otherwise and whether or not in respect of services rendered, including \u2013<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0any amount referred to in paragraph (a), (c), (cA), (cB), (d), (e), (eA), (eD) or (f) of the definition of \u201cgross income\u201d<\/a> in section 1<\/a> of this Act;<\/span><\/span><\/p>\n

[Paragraph (a)\u00a0substituted by\u00a0section\u00a044(1)(a)\u00a0of\u00a0Act 28 of 1997, by\u00a0section\u00a053(1)(b)\u00a0of\u00a0Act\u00a059 of 2000, by\u00a0section\u00a06(1)(f)\u00a0of\u00a0Act\u00a023 of 2015\u00a0and by\u00a0section\u00a05(1)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amount required to be included in such person\u2019s gross income under paragraph (i) of that definition, excluding an amount described in paragraph 7<\/a> of the Seventh Schedule<\/a>;<\/span><\/p>\n

(bA)\u00a0 any allowance or advance, which must be included in the taxable income of that person in terms of section 8<\/a>(1)(a)(i), other than \u2013<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an allowance in respect of which paragraph (c) or (cA) applies; or<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an allowance or advance paid or granted to that person in respect of accommodation, meals or other incidental costs while that person is by reason of the duties of his or her office obliged to spend at least one night away from his or her usual place of residence in the Republic: Provided that where \u2013<\/span><\/p>\n

(aa) \u00a0 such an allowance or advance was paid or granted to a person during any month in respect of a night away from his or her usual place of residence; and<\/span><\/p>\n

(bb)\u00a0\u00a0 that person has not by the last day of the following month either spent the night away from his or her usual place of residence or refunded that allowance or advance to his or her employer,<\/span><\/p>\n

that allowance or advance is deemed not to have been paid or granted to that person during that first-mentioned month in respect of accommodation, meals or other incidental costs, but is deemed to be an amount which has become payable to that person in that following month in respect of services rendered by that person;<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 50 per cent of the amount of any allowance referred to in section 8<\/a>(1)(d) granted to the holder of a public office contemplated in section 8<\/a>(1)(e),<\/span><\/p>\n

(cA)\u00a0\u00a0\u00a080 per cent of the amount of any allowance or advance in respect of transport expenses referred to in\u00a0section 8<\/a>(1)(b), other than any such allowance or advance contemplated in\u00a0section 8<\/a>(1)(b)(iii) that is based on the actual distance travelled by the recipient: Provided that where the employer is satisfied that at least 80 per cent of the use of the motor vehicle for a year of assessment will be for business purposes, then only 20 per cent of the amount of such allowance or advance must be included;<\/span><\/p>\n

[Paragraph (cA) inserted by section 28 of Act 9 of 2006,\u00a0substituted by section 17 of Act 18 of 2009,\u00a0section 18 of Act 8 of 2010\u00a0and section 8 of Act 13 of 2017 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

(cB)\u00a0\u00a0 80 per cent of the amount of the taxable benefit as determined in terms of paragraph 7<\/a> of the Seventh Schedule<\/a>: provided that where the employer is satisfied that at least 80 per cent of the use of the motor vehicle for a year of assessment will be for business purposes, then only 20 per cent of such amount must be included;<\/span><\/p>\n

(cC)\u00a0\u00a0100 per cent of so much of the amount paid or granted as an allowance or advance referred to in\u00a0section 8<\/a>(1)(b)(iii) as exceeds the amount determined by applying the rate per kilometre for the simplified method in the notice fixing the rate per kilometre under\u00a0section 8<\/a>(1)(b)(ii) and (iii) to the actual distance travelled;<\/span><\/p>\n

[Paragraph (cC) to be inserted by section 8 of Act 13 of 2017 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any gain determined in terms of section 8B<\/a>, which must be included in that person\u2019s income under that section;<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any amount referred to section 8C<\/a> which is required to be included in the income of that person;<\/span><\/p>\n

[Paragraph (e) inserted by section 46 of Act 32 of 2004, substituted by section 6 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any amount deemed to be income accrued to that person in terms of section 7<\/a>(11);<\/span><\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 any amount received by or accrued to that person by way of a dividend contemplated in-<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 paragraph (dd) of the proviso to section 10(1)(k)<\/a>(i);<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 paragraph (ii) of the proviso to section 10(1)(k)<\/a>(i);<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 paragraph (jj) of the proviso to section 10(1)(k)<\/a>(i);<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 paragraph (kk) of the proviso to section <\/a>10(1)(k)<\/a>(i),<\/span><\/p>\n

[Subparagraph (iv) added by section 8 of Act 13 of 2017 effective on the date on which paragraph (f) of section 16(1) of the Taxation Laws Amendment Act, 2017, comes into operation, 18 December 2017]<\/span><\/p>\n

[Paragraph (g) added by section 5 of Act 16 of 2016 effective on 1 March 2017 and applies in respect of any amount received or accrued on or after that date]<\/span><\/p>\n

but not including\u2013<\/em><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0any amount paid or payable in respect of services rendered or to be rendered by any person (other than a person who is not a resident or an employee contemplated in paragraph (b), (c), (d) or (e) of the definition of \u201cemployee\u201d) in the course of any trade carried on by him independently of the person by whom such amount is paid or payable and of the person to whom such services have been or are to be rendered: Provided that for the purposes of this paragraph a person shall be deemed not to carry on a trade independently as aforesaid if the services are required to be performed mainly at the premises of the person by whom such amount is paid or payable or of the person to whom such services were or are to be rendered and the person who rendered or will render the services is subject to the control or supervision of any other person as to the manner in which his or her duties are performed or to be performed or as to his or her hours of work: Provided further that a person will be deemed to be carrying on a trade independently as aforesaid if he throughout the year of assessment employs three or more employees who are on a full time basis engaged in the business of such person of rendering any such service, other than any employee who is a connected person in relation to such person;<\/span><\/p>\n

[Paragraph (ii)\u00a0substituted by\u00a0section 47(1)(c)\u00a0of\u00a0Act 85 of 1974\u00a0and amended by\u00a0section\u00a044(1)(e)\u00a0of\u00a0Act 101 of 1990, by\u00a0section\u00a053(1)(c)\u00a0of\u00a0Act\u00a059 of 2000, by\u00a0section\u00a054(1)(d),\u00a0(e),\u00a0(f)\u00a0and\u00a0(g)\u00a0of\u00a0Act\u00a08 of 2007, by\u00a0section\u00a05(1)(d)\u00a0of\u00a0Act\u00a016 of 2016\u00a0and by\u00a0section\u00a036\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 any pension or additional pension under the Aged Persons Act, 1967 (Act No. 81 of 1967), or the Blind Persons Act, 1968 (Act No. 26 of 1968), any disability grant or additional or supplementary allowance under the Disability Grants Act, 1968 (Act No. 27 of 1968), or any grant or contribution under the provisions of section 89 of the Children\u2019s Act, 1960 (Act No. 33 of 1960);<\/span><\/p>\n

(iv)\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

(vi)\u00a0\u00a0\u00a0 any amount paid or payable to any employee wholly in reimbursement of expenditure actually incurred by such employee in the course of his employment;<\/span><\/p>\n

(vii)\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

(viii)\u00a0 any annuity under an order of divorce or decree of judicial separation or under any agreement of separation;<\/span><\/p>\n","post_title":"\"Remuneration\" definition of Fourth Schedule","collection_order":1065,"collection":597,"post_modified":"2024-09-07 21:29:01","post_date":"2015-10-15 12:13:26"},{"ID":"1906","post_content":"

\u201crepresentative employer\u201d<\/strong> means \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of any company, the public officer of that company, or, in the event of such company being placed under business rescue in terms of Chapter 6 of the Companies Act, in liquidation or under judicial management, the business rescue practitioner, liquidator or judicial manager, as the case may be;<\/span><\/p>\n

[Paragraph (a) substituted by section 7 of Act 44 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(b) \u00a0 \u00a0 in the case of any municipality or any body corporate or unincorporated (other than a company or a partnership), any manager, secretary, officer or other person responsible for paying remuneration on behalf of such municipality or body;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in the case of a person under legal disability, any guardian, curator, administrator or other person having the management or control of the affairs of the person under legal disability; or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 in the case of any employer who is not resident in the Republic, any agent of such employer having authority to pay remuneration,<\/span><\/p>\n

<\/p>\n

who resides in the Republic, but nothing in this definition shall be construed as relieving any person from any liability, responsibility or duty imposed upon him or her by this Schedule; and<\/p>\n","post_title":"\"Representative employer\" definition of Fourth Schedule","collection_order":1066,"collection":597,"post_modified":"2017-12-06 21:06:31","post_date":"2015-10-15 12:13:26"},{"ID":"1908","post_content":"

\u201ctax threshold\u201d<\/strong> in relation to a natural person means the maximum amount of taxable income of that person in respect of a year of assessment which would result in no tax payable when the rates of tax contemplated in section 5<\/a> of this Act and the rebates contemplated in section 6<\/a> of this Act for that year of assessment are applied to the taxable income of that person;<\/p>\n","post_title":"\"Tax threshold\" definition of Fourth Schedule","collection_order":1067,"collection":597,"post_modified":"2017-06-17 20:53:13","post_date":"2015-10-15 12:13:26"},{"ID":"1910","post_content":"

PART II<\/strong><\/p>\n

Employees' Tax<\/strong><\/p>\n","post_title":"PART II - Employees' Tax","collection_order":1068,"collection":597,"post_modified":"2017-05-25 17:36:45","post_date":"2015-10-15 12:13:26"},{"ID":"1912","post_content":"

2. \u00a0 \u00a0EMPLOYERS TO DEDUCT TAX<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0Every-<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0employer that is a resident; or<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0employer that is not a resident and conducts business through a permanent establishment in the Republic; or<\/span><\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0representative employer,<\/span><\/span><\/p>\n

<\/p>\n

(whether or not registered as an employer under\u00a0paragraph 15<\/a>) who pays or becomes liable to pay any amount by way of remuneration to any employee shall, unless the Commissioner has granted authority to the contrary, deduct or withhold from that amount, or, where that amount constitutes any lump sum contemplated in\u00a0paragraph 2<\/a>(1)(b)\u00a0of the\u00a0Second Schedule, deduct from the employee\u2019s benefit or minimum individual reserve as contemplated in that paragraph, by way of employees\u2019 tax an amount which shall be determined as provided in\u00a0paragraph 9<\/a>,\u00a010<\/a>\u00a0or\u00a011<\/a>\u00a0or\u00a0section 95<\/a>\u00a0of the Tax Administration Act<\/a>, whichever is applicable, in respect of the liability for normal tax of that employee, or, if such remuneration is paid or payable to an employee who is married and such remuneration is under the provisions of\u00a0section 7<\/a>(2)\u00a0of this Act deemed to be income of the employee\u2019s spouse, in respect of such liability of that spouse, and shall, subject to the Employment Tax Incentive Act, 2013, pay the amount so deducted or withheld to the Commissioner within seven days after the end of the month during which the amount was deducted or withheld, or in the case of a person who ceases to be an employer before the end of such month, within seven days after the day on which that person ceased to be an employer, or in either case within such further period as the Commissioner may approve.<\/span><\/p>\n

[Subparagraph (1)\u00a0amended by\u00a0section\u00a023(a)\u00a0of\u00a0Act 72 of 1963, substituted by\u00a0section\u00a029(1)(a)\u00a0of\u00a0Act 55 of 1966, by\u00a0section\u00a038\u00a0of\u00a0Act 88 of 1971, by\u00a0section\u00a045(a)\u00a0of\u00a0Act 129 of 1991, by\u00a0section\u00a054\u00a0of\u00a0Act\u00a059 of 2000, amended by\u00a0section\u00a065(1)\u00a0of\u00a0Act\u00a035 of 2007, by\u00a0section\u00a018(1)(a)\u00a0of\u00a0Act\u00a018 of 2009\u00a0and by\u00a0section\u00a013\u00a0of\u00a0Act 26 of 2013\u00a0and substituted by\u00a0section\u00a06(1)(a)\u00a0of\u00a0Act\u00a016 of 2016\u00a0and by\u00a0section 13(a)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

<\/p>\n

(1A)\u00a0 Notwithstanding the provisions of subparagraph (1), a person shall not be required to deduct or withhold employee\u2019s tax in respect of any year of assessment of a company or trust solely by virtue of paragraph (c) of the definition of \u2018personal service provider\u2019 where the company or trust has in respect of such year of assessment provided that person with an affidavit or solemn declaration stating that the relevant paragraph does not apply and that person relied on that affidavit or declaration in good faith.<\/span><\/p>\n

<\/p>\n

(1B) \u00a0 Notwithstanding the provisions of subparagraph (1), a person shall deduct or withhold employees\u2019 tax in respect of any amount payable in respect of variable remuneration, as defined in section 7B<\/a>(1), on the date on which the amount is paid to the employee by the employer as contemplated in section 7B<\/a>(2).<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Any employer may, at the written request of any employee, deduct or withhold from any amount of remuneration an amount by way of employees\u2019 tax greater than that required to be deducted or withheld in terms of sub\u2013<\/em>paragraph (1), and shall remit such amount to the Commissioner, and the provisions of this Schedule relating to employees\u2019 tax shall mutatis mutandis<\/em> apply in respect of such amount.<\/span><\/p>\n

<\/p>\n

(2A) \u00a0 An employer may deduct the amount of the employment tax incentive for which the employer is eligible in terms of the Employment Tax Incentive Act, 2013, from the amount of the employees\u2019 tax to be paid to the Commissioner by that employer in terms of subparagraph (1), unless section 8 of that Act applies.<\/span><\/p>\n

<\/p>\n

(2B) \u00a0Notwithstanding the provisions of subparagraph (1), a person that pays an annuity and is a pension fund, pension preservation fund, provident fund, provident preservation fund, retirement annuity fund or is licensed as an insurer under the Insurance Act shall, when deducting or withholding employees\u2019 tax in respect of any year of assessment, apply the fixed tax rate that the Commissioner directs must be used in determining the amount of employees\u2019 tax to be withheld, where the person to whom that annuity is paid receives an amount of remuneration from more than one employer.<\/span><\/p>\n

[Subparagraph (2B) added by section 51(1) of Act 34 of 2019 effective on 1 March, 2022 (effective date in section 51(2) of Act 34 of 2019 as substituted by section 79(1) of Act 23 of 2020) and substituted by section 37(1) of Act 20 of 2021 effective on 1 March, 2022]<\/span><\/p>\n

<\/p>\n

(2C)\u00a0\u00a0A pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund that pays a \u201csavings withdrawal benefit\u201d as defined in section 1 shall, when deducting or withholding employees\u2019 tax in respect of that savings withdrawal benefit, apply the fixed tax rate that the Commissioner directs must be used in determining the amount of employees\u2019 tax to be withheld.<\/span><\/span><\/p>\n

[Subparagraph\u00a0(2C)\u00a0added by\u00a0section\u00a06(1)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n


<\/span><\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The amount required to be deducted or withheld from any remuneration under this Schedule by way of employees\u2019 tax must be calculated on the balance of the remuneration remaining after deducting therefrom-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any contribution by the employee concerned to any pension fund or provident fund which the employer is entitled or required to deduct from that remuneration, but limited to the deduction to which the employee is entitled under section 11F<\/a> having regard to the remuneration and the period in respect of which it is payable;<\/span><\/p>\n

[Item (a) substituted by section 18 of Act 18 of 2009 and section 8 of Act 39 of 2013 effective on 1 March 2016 (Date\u00a0of operation in section 8 of Act 39 of 2013 as substituted by section 68 of Act 44 of 2014) and section 66 of Act 17 of 2017 effective on 1 March 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 at the option of the employer, any contribution to a retirement annuity fund by the employee in respect of which proof of payment has been furnished to the employer, but limited to the deduction to which the employee is entitled under section 11F<\/a> having regard to the remuneration and the period in respect of which it is payable;<\/span><\/p>\n

[Paragraph (b) substituted by section 8 of Act 39 of 2013 effective on 1 March 2016 \u2013 comes into operation in terms of section 8 of Act 39 of 2013 as substituted by section 68 of Act 44 of 2014 and section 66 of Act 17 of 2017 effective on 1 March 2016]<\/span><\/p>\n

<\/p>\n

(bA)\u00a0\u00a0any contribution made or amount paid by the employer to any retirement annuity fund on behalf of or for the benefit of the employee, but limited to the deduction to which the employee is entitled under\u00a0section 11F<\/a>\u00a0having regard to the remuneration and the period in respect of which it is payable;<\/span><\/p>\n

[Item (bA) inserted by section 18 of Act 18 of 2009\u00a0and substituted by section 8 of Act 39 of 2013 effective on 1 March 2016 (Date\u00a0of operation in section 8 of Act 39 of 2013 as substituted by section 68 of Act 44 of 2014),\u00a0section 66 of Act 17 of 2017 and section 67 of Act 23 of 2018 effective on 1 March 2018]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 .\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/span><\/p>\n

[Item (c)\u00a0amended by\u00a0section\u00a050(1)(a)\u00a0of\u00a0Act 31 of 2005\u00a0and deleted by\u00a0section\u00a08(1)(b)\u00a0of\u00a0Act\u00a039 of 2013\u00a0effective on 1\u00a0March, 2015 and applicable in respect of premiums paid on or after that date]<\/span><\/p>\n

<\/p>\n

(cA)\u00a0\u00a0\u00a0\u00a0 .\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/span><\/p>\n

[Item (cA) inserted by section 94(1)(a) of Act 24 of 2011 repealed by section 92 of Act 21 of 2012) and deleted by section 8(1)(b) of Act 39 of 2013 effective on 1 March, 2015 and applicable in respect of premiums paid on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0so much of any donation made by the employer on behalf of the employee\u2014<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0as does not exceed 5 per cent of that remuneration after deducting therefrom the amounts contemplated in items (a), (b) and (bA); and<\/span><\/p>\n

[Sub-item (i)\u00a0substituted by\u00a0section\u00a094(1)(c)\u00a0of\u00a0Act\u00a024 of 2011, by\u00a0section\u00a019(1)(c)\u00a0of\u00a0Act\u00a021 of 2012\u00a0and by\u00a0section\u00a06(1)(b)\u00a0of\u00a0Act\u00a016 of 2016\u00a0deemed effective on 1\u00a0March, 2015 and applicable in respect of donations paid on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 for which the employer will be issued a receipt as contemplated in section 18A<\/a>(2)(a).<\/span><\/p>\n

<\/p>\n

: Provided that at any time during the year of assessment the amount of the contribution to be deducted in terms of paragraphs (a), (b) and (bA) must not exceed an amount that bears to the amount stipulated in section 11F<\/a>(2)(a) the same ratio as the period during which remuneration was paid by an employer to the employee bears to a whole year.<\/p>\n

[Proviso to subparagraph (4) added by section 9 of Act 13 of 2017 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(5)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The Commissioner shall on application made to him by any person who is a labour broker or who is an employee by reason of the provisions of paragraph (d) of the definition of \u201cemployee\u201d in paragraph 1<\/a>, issue to such person a certificate of exemption if \u2013<\/em><\/span><\/p>\n

\u00a0<\/em><\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 such person carries on an independent trade and is registered as a provisional taxpayer under the provisions of paragraph 17<\/a>;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of any such labour broker, he is registered as an employer under the provisions of paragraph 15<\/a>; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 such person has, subject to any extension granted by the Commissioner, submitted all such returns as are required to be submitted by him under this Act:<\/span><\/p>\n

\u00a0<\/span><\/p>\n

Provided that the Commissioner shall not issue a certificate of exemption if-<\/p>\n

\u00a0<\/em><\/p>\n

(aa) \u00a0 more than 80 per cent of the gross income of such person during the year of assessment consists of, or is likely to consist of, an amount or amounts received from any one client of such person, or any associated institution as defined in the Seventh Schedule<\/a> to this Act in relation to such client unless that person is a labour broker who throughout the year of assessment employs three or more full-time employees-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(A) \u00a0 \u00a0who are on a full-time basis engaged in the business of that labour broker of providing persons to or procuring persons for clients of that labour broker; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(B) \u00a0 \u00a0who are not connected persons in relation to that labour broker;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 such labour broker provides to any of its clients the services of any other labour broker; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(cc) \u00a0 such labour broker is contractually obliged to provide a specified employee of such labour broker to render any service to such client.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The certificate of exemption referred to in item (a) shall be issued in such form as the Commissioner may decide and shall be valid for such period as the Commissioner may indicate thereon.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0An employer shall not be required to deduct or withhold employees\u2019 tax from any remuneration paid or payable by the employer to any person who produces to the employer a valid certificate of exemption issued by the Commissioner under item (a).<\/span><\/span><\/p>\n

[Subparagraph (5)\u00a0added by\u00a0section 45\u00a0of\u00a0Act 101 of 1990.\u00a0Item (c)\u00a0substituted by\u00a0section 13(b)\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Any amount included in gross income in terms of paragraph (eA) of the definition of \u201cgross income\u201d shall for the purposes of this Schedule be deemed to be an amount which an employer pays or becomes liable to pay by way of remuneration to an employee.<\/span><\/p>\n","post_title":"Paragraph 2 (Fourth Schedule) - Employers to deduct tax","collection_order":1069,"collection":597,"post_modified":"2024-09-06 13:36:00","post_date":"2015-04-19 18:01:13"},{"ID":"1914","post_content":"

3.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The liability of any employer to deduct or withhold any amount of employees\u2019 tax in terms of paragraph 2<\/a> shall not be reduced or extinguished by reason of the fact that the employer has a right or is otherwise than in terms of any law under an obligation to deduct or withhold any other amount from the employees\u2019 remuneration, and such right or obligation shall notwithstanding anything to the contrary in any other law contained, for all purposes be deemed to have reference only to the amount of the remuneration remaining after the amount of employees\u2019 tax referred to in that paragraph has been deducted or withheld.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The provisions of paragraph 2<\/a> shall apply in respect of all amounts payable by way of remuneration, notwithstanding the provisions of any law which provide that any such amount shall not be reduced or shall not be subject to attachment.<\/span><\/p>\n","post_title":"Paragraph 3 (Fourth Schedule) - Liability of any employer to deduct or withhold any amount of employees' tax","collection_order":1070,"collection":597,"post_modified":"2017-05-25 17:55:25","post_date":"2015-10-15 12:13:26"},{"ID":"1917","post_content":"

4.<\/strong> \u00a0 \u00a0 \u00a0Any amount required to be deducted or withheld in terms of paragraph 2<\/a> shall be a debt due to the State and the employer concerned shall save as otherwise provided be absolutely liable for the due payment thereof to the Commissioner.<\/span><\/p>\n","post_title":"Paragraph 4 (Fourth Schedule) - Debt due to the State","collection_order":1071,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:26"},{"ID":"1921","post_content":"

5.<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0Subject to the provisions of subparagraph (6), if an employer is personally liable for the payment of employees\u2019 tax under Chapter 10<\/a> of the Tax Administration Act, the employer shall pay that amount to the Commissioner not later than the date on which payment should have been made if the employees\u2019 tax had in fact been deducted or withheld in terms of paragraph 2<\/a>.<\/span><\/p>\n

[Subparagraph\u00a0(1)\u00a0substituted by\u00a0section\u00a019(a)\u00a0of\u00a0Act\u00a018 of 2009, by\u00a0section\u00a0271\u00a0read with\u00a0paragraph 79\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011, by\u00a0section\u00a038\u00a0of\u00a0Act\u00a020 of 2021\u00a0and by\u00a0section\u00a05\u00a0of\u00a0Act\u00a016 of 2022]<\/span><\/p>\n

<\/p>\n

(1A)\u00a0 The liability of the employer as contemplated in paragraph 2<\/a> must be deemed to have been discharged if the employer made payment of the outstanding employees\u2019 tax in terms of subparagraph (1).<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where the employer has failed to deduct or withhold employees\u2019 tax in terms of paragraph 2<\/a> and the Commissioner is satisfied that the failure was not due to an intent to postpone payment of the tax or to evade the employer\u2019s obligations under this Schedule, the Commissioner may, if he is satisfied that there is a reasonable prospect of ultimately recovering the tax from the employee, absolve the employer from his liability under sub\u2013<\/em>paragraph (1) of this paragraph.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 An employer who has not been absolved from liability as provided in sub\u2013<\/em>paragraph (2) shall have a right of recovery against the employee in respect of the amount paid by the employer in terms of sub\u2013<\/em>paragraph (1) in respect of that employee, and such amount may in addition to any other right of recovery be deducted from future remuneration which may become payable by the employer to that employee, in such manner as the Commissioner may determine.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Until such time as an employee pays to his employer any amount which is due to the employer in terms of sub\u2013<\/em>paragraph (3), such employee shall not be entitled to receive from the employer an employees\u2019 tax certificate in respect of that amount.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Any amount which an employer is required to pay in terms of sub\u2013<\/em>paragraph (1) and which the employer does not recover from the employee shall, insofar as the employer only is concerned, for the purposes of section 23(d)<\/a>, be deemed to be a penalty due and payable by that employer.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 The provisions of sub\u2013<\/em>paragraph (1) shall not apply in respect of any amount or any portion of any amount of employees\u2019 tax which an employer has failed to deduct or withhold and in respect of which the provisions of sub\u2013<\/em>paragraph (3) of paragraph 28<\/a> apply.<\/span><\/p>\n","post_title":"Paragraph 5 (Fourth Schedule) - Personal liability of employer for payment of employees' tax","collection_order":1072,"collection":597,"post_modified":"2024-01-13 21:06:42","post_date":"2015-10-15 12:13:26"},{"ID":"1924","post_content":"

6.<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0If an employer fails to pay any amount of employees\u2019 tax for which the employer is liable within the period allowable for payment thereof in terms of paragraph 2 SARS must, in accordance with Chapter 15<\/a> of the Tax Administration Act, impose a penalty equal to ten per cent of such amount.<\/span><\/p>\n

[Subparagraph (1) (pending amendment by section 14(1)(a) of Act 61 of 2008 repealed by section 271 read with paragraph 193 of Schedule 1 of Act 28 of 2011) substituted by section 271 read with paragraph 80(a) of Schedule 1 of Act 28 of 2011, by section 39 of Act 20 of 2021 and by section 6 of Act 21 of 2021]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Paragraph 6 (Fourth Schedule) - Failure to pay employees' tax by employer","collection_order":1073,"collection":597,"post_modified":"2023-01-28 19:13:36","post_date":"2015-10-15 12:13:26"},{"ID":"1928","post_content":"

7.<\/strong> \u00a0 \u00a0 \u00a0 Any agreement between an employer and an employee whereby the employer undertakes not to deduct or withhold employees\u2019 tax shall be void.<\/span><\/p>\n

\u00a0<\/p>\n

8.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Paragraph 7 (Fourth Schedule) - Agreement between employer and employee void","collection_order":1074,"collection":597,"post_modified":"2017-07-22 20:03:27","post_date":"2015-10-15 12:13:26"},{"ID":"1931","post_content":"

9.<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may from time to time, having regard to the rates of normal tax as fixed by Parliament or foreshadowed by the Minister in his budget statement and to any other factors having a bearing upon the probable liability of taxpayers for normal tax, prescribe\u2014<\/span><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0deduction tables applicable to such classes of employees as the Commissioner may determine, taking into account the rebates applicable in terms of section 6<\/a>; and<\/span><\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the manner in which such tables shall be applied,<\/span><\/span><\/p>\n

<\/p>\n

and the amount of employees\u2019 tax to be deducted from any amount of remuneration shall, subject to the provisions of subparagraphs (3) and (4) of this paragraph and paragraphs 10<\/a>,\u00a011<\/a>,\u00a011A<\/a>\u00a0(4)\u00a0and\u00a0section 95<\/a>\u00a0of the Tax Administration Act<\/a>, be determined in accordance with such tables or where\u00a0subparagraph (3)\u00a0or\u00a0(4)\u00a0is applicable, in accordance with that subparagraph.<\/span><\/p>\n

[Subparagraph (1)\u00a0substituted by\u00a0section 39\u00a0of\u00a0Act 88 of 1971\u00a0and by\u00a0section 32(a)\u00a0of\u00a0Act\u00a0103 of 1976, amended by\u00a0section 29\u00a0of\u00a0Act 104 of 1980\u00a0and by\u00a0section 46\u00a0of\u00a0Act\u00a0101 of 1990\u00a0and substituted by\u00a0section\u00a055\u00a0of\u00a0Act\u00a059 of 2000, by\u00a0section\u00a021(1)(a)\u00a0of\u00a0Act\u00a019 of 2001, by\u00a0section\u00a07(1)(a)\u00a0of\u00a0Act\u00a016 of 2016\u00a0and by\u00a0section 14\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

<\/p>\n

<\/p>\n

(2) \u00a0\u00a0\u00a0\u00a0Any tables prescribed by the Commissioner in accordance with sub-paragraph (1) shall come into force on a date prescribed by the Commissioner, and shall remain in force until withdrawn by the Commissioner.<\/span><\/p>\n

[Sub-paragraph (2)\u00a0substituted by\u00a0section\u00a07(1)(b)\u00a0of\u00a0Act\u00a016 of 2016]<\/span><\/p>\n

<\/p>\n

(3)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0The amount to be deducted or withheld in respect of employees\u2019 tax from any lump sum to which paragraph (d), (e) or any amount to which paragraph (eD) of the definition of \u201cgross income\u201d in section 1<\/a> or section 7A<\/a> applies, or any transfers as contemplated in paragraph 2<\/a>(1)(d) of the Second Schedule, shall be ascertained by the employer from the Commissioner before paying out such lump sum or before such transfers are effected, and the Commissioner\u2019s determination of the amount to be so deducted or withheld shall be final.<\/span><\/span><\/p>\n

[Item\u00a0(a)\u00a0substituted by\u00a0section\u00a07(1)\u00a0of\u00a0Act 12 of 2024\u00a0effective on 1\u00a0September, 2024 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b) \u00a0\u00a0\u00a0\u00a0 .\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/span><\/p>\n

[Sub-paragraph (3) substituted by section 32(b) of Act 103 of 1976 and by section 41 of Act 20 of 2006, amended by section 66(1) of Act 35 of 2007 and by section 68(1) of Act 60 of 2008 and substituted by section 20 of Act 18 of 2009. Item (b) substituted by section 8(a) of Act 23 of 2015 and deleted by section 7(1)(c) of Act 16 of 2016 effective on 1 March, 2017]<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 The amount to be deducted or withheld in respect of any amount contemplated in paragraph (eA) of the definition of \u201cgross income\u201d in section 1<\/a> of this Act, shall be ascertained by the employer on inquiry from the Commissioner before the date of transfer or conversion of any amount for the benefit or ultimate benefit of any member as contemplated in such paragraph and the Commissioner\u2019s determination of the amount to be so deducted or withheld shall be final.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The amount to be deducted or withheld in respect of employees\u2019 tax from any amount paid or payable to any director of any private company during any year of assessment of that director, in respect of services rendered or to be rendered by that director to that company, shall be determined after taking into account any amount of employees\u2019 tax paid or payable to the Commissioner by that company during that year of assessment, in respect of that director in terms of paragraph 11C<\/a>(2).<\/span><\/p>\n

\u00a0<\/strong><\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 There must be deducted from the amount to be withheld or deducted by way of employees\u2019 tax as contemplated in paragraph 2 the amount-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 of the medical scheme fees tax credit that applies in respect of that employee in terms of section 6A<\/a>; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the employee is entitled to a rebate under section 6<\/a>(2)(b), of the additional medical expenses tax credit that applies in respect of that employee in terms of section 6B<\/a>(3)(a)(i),<\/span><\/p>\n

<\/p>\n

if-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the employer effects payment of the medical scheme fees as contemplated in section 6A<\/a>(2)(a); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the employer does not effect payment of the medical scheme fees as contemplated in section 6A<\/a>(2)(a), at the option of the employer, if proof of payment of those fees has been furnished to the employer.<\/span><\/p>\n

[Subparagraph (6) inserted by section 95 of Act 24 of 2011 effective on 1 March 2012, substituted by section 8 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Paragraph 9 (Fourth Schedule) - Employees' tax deduction tables","collection_order":1075,"collection":597,"post_modified":"2024-09-07 21:34:18","post_date":"2015-10-15 12:13:26"},{"ID":"1934","post_content":"

10.<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0If the Commissioner is satisfied that the circumstances warrant a variation of the basis provided in paragraph 9<\/a> or 11A<\/a>(4) for the determination of amounts of employees\u2019 tax to be deducted or withheld from remuneration of employees in the case of any employer, the Commissioner may agree with such employer as to the basis of determination of the said amounts to be applied by that employer, and the amounts to be deducted or withheld by that employer in terms of paragraph 2<\/a> shall, subject to the provisions of paragraph 11<\/a> and section 95<\/a> of the Tax Administration Act<\/a>, be determined accordingly.<\/span><\/span><\/p>\n

[Subparagraph\u00a0(1)\u00a0substituted by\u00a0section\u00a08\u00a0of\u00a0Act\u00a016 of 2016\u00a0and by\u00a0section 15\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Any agreement made in terms of sub\u2013<\/em>paragraph (1) shall remain in force indefinitely, but the Commissioner or the employer concerned may give notice of termination thereof and upon the expiration of a period of three months from the date of such notice such agreement shall terminate.<\/span><\/p>\n","post_title":"Paragraph 10 (Fourth Schedule) - Variation of determination of employees' tax","collection_order":1076,"collection":597,"post_modified":"2024-01-27 22:32:14","post_date":"2015-10-15 12:13:26"},{"ID":"1937","post_content":"

11.<\/strong> \u00a0 \u00a0The Commissioner may, having regard to the circumstances of the case, issue a directive-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to an employer authorising that employer-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 to refrain from deducting or withholding any amount under paragraph 2<\/a> by way of employees\u2019 tax from any remuneration due to any employee of that employer; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 to deduct or withhold by way of employees\u2019 tax from any remuneration in terms of paragraph 2<\/a>, a specified amount or an amount to be determined in accordance with a specified rate or scale,<\/span><\/p>\n

<\/p>\n

in order to alleviate hardship to that employee due to circumstances outside the control of the employee or to correct any error in regard to the calculation of employees\u2019 tax, or in the case of remuneration constituting commission or where the remuneration is paid or payable to a personal service provider and that directive must be complied with.<\/p>\n

[Subparagraph (a)\u00a0amended by\u00a0section\u00a042\u00a0of\u00a0Act\u00a020 of 2006, by\u00a0section\u00a069(1)\u00a0of\u00a0Act\u00a060 of 2008\u00a0and by\u00a0section\u00a020\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 .\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.<\/span><\/p>\n

[Paragraph 11\u00a0substituted by\u00a0section\u00a039\u00a0of\u00a0Act\u00a021 of 1995\u00a0and by\u00a0section\u00a084\u00a0of\u00a0Act\u00a045 of 2003.\u00a0Sub-paragraph (b)\u00a0deleted by\u00a0section\u00a09(1)\u00a0of\u00a0Act\u00a016 of 2016\u00a0effective on 1\u00a0March, 2017 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Paragraph 11 (Fourth Schedule) - Issue of directive by Commissioner","collection_order":1077,"collection":597,"post_modified":"2024-09-07 21:35:00","post_date":"2015-10-15 12:13:26"},{"ID":"1940","post_content":"

11A.<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Where by virtue of the provisions of paragraph (b), (d), (e) or (g) of the definition of \u2018remuneration\u2019 in paragraph 1<\/a>, the remuneration of an employee includes-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0any gain made by the exercise, cession or release of any right to acquire any marketable security as contemplated in\u00a0section 8A<\/a>;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any gain made from the disposal of any qualifying equity share as contemplated in\u00a0section 8B<\/a>;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any amount referred to in section 8C<\/a> which is required to be included in the income of that employee; or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0any amount received by or accrued to that employee by way of a dividend contemplated in-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0paragraph (dd) of the proviso to\u00a0section 10<\/a>(1)(k)(i);<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0paragraph (ii) of the proviso to\u00a0section 10<\/a>(1)(k)(i);<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0paragraph (jj) of the proviso to\u00a0section 10<\/a>(1)(k)(i); or<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0paragraph (kk) of the proviso to\u00a0section 10<\/a>(1)(k)(i),<\/span><\/p>\n

<\/p>\n

the person by whom that right was granted or from whom the equity instrument or qualifying equity share that gave rise to the gain or amount was acquired, as the case may be, is deemed to be a person who pays or is liable to pay to that employee the amount of the gain referred to in paragraph (a) or (b) or the amount referred to in paragraph (c) or (d).<\/p>\n

[Subparagraph (1) substituted by section 10 of Act 13 of 2017 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Employees\u2019 tax in respect of the amount of remuneration contemplated in subparagraph (1) must, unless the Commissioner has granted authority to the contrary, be deducted or withheld by the person referred to in subparagraph (1) from-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0any consideration paid or payable by that person to that employee in respect of the cession, or release of that right or the disposal of that qualifying equity share, as the case may be;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any cash remuneration paid or payable by that person to that employee after that right has to the knowledge of that person been exercised, ceded or released or that equity instrument has to the knowledge of that person vested or that qualifying equity share has to the knowledge of that person been disposed of; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any amount of a dividend contemplated in subparagraph (1)(d) accrued to that employee:<\/span><\/p>\n

<\/p>\n

Provided that where that person is an \u2018associated institution\u2019, as defined in\u00a0paragraph 1<\/a>\u00a0of the Seventh Schedule<\/a>, in relation to any employer who pays or is liable to pay to that employee any amount by way of remuneration during the year of assessment during which the gain contemplated in subparagraph (1)(a) or (b) or the amount contemplated in subparagraph (1)(c) or (d) arises, and-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that person is not resident nor has a representative employer;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that person is unable to deduct or withhold the full amount of employees\u2019 tax during the year of assessment during which the gain or the amount arises, by reason of the fact that the amount to be deducted or withheld from that remuneration by way of employees\u2019 tax exceeds the amount from which the deduction or withholding can be made; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0the amount of the dividend referred to in paragraph (c) consists of an equity instrument referred to in\u00a0section 8C<\/a>,<\/span><\/p>\n

<\/p>\n

that person and that employer must deduct or withhold from the remuneration payable by them to that employee during that year of assessment an aggregate amount equal to the employees\u2019 tax payable in respect of that gain or that amount and shall be jointly and severally liable for that aggregate amount of employees\u2019 tax.<\/p>\n

[Subparagraph (2) substituted by section 10 of Act 13 of 2017 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0The provisions of this Schedule apply in relation to the amount of employees\u2019 tax deducted or withheld under subparagraph (2) as though that amount had been deducted or withheld from the amount of the gain referred to in subparagraph (1)(a) or (b) or the amount referred to in subparagraph (1)(c) or (d).<\/span><\/p>\n

[Subparagraph (3) substituted by section 10 of Act 13 of 2017 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Before deducting or withholding employees\u2019 tax under subparagraph (2) in respect of remuneration contemplated in subparagraph (1)(a), (c) or (d), that person and that employer must ascertain from the Commissioner the amount to be so deducted or withheld.<\/span><\/p>\n

[Subparagraph (4) substituted by section 10 of Act 13 of 2017 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0If that person and that employer are, by reason of the fact that the amount to be deducted or withheld by way of employees\u2019 tax exceeds the amount from which the deduction or withholding is to be made, unable to deduct or withhold the full amount of employees\u2019 tax during the year of assessment during which the gain referred to in subparagraph (1)(a) or (b) or the amount referred to in subparagraph (1)(c) or (d) arises, they must immediately notify the Commissioner of the fact.<\/span><\/p>\n

[Subsection (5) substituted by section 10 of Act 13 of 2017 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Where an employee has-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0under any transaction to which neither that person nor that employer is a party made any gain; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0disposed of any qualifying equity share as contemplated in subparagraph (1),<\/span><\/p>\n

<\/p>\n

that employee must immediately inform that person and that employer of the transaction or the disposal and of the amount of that gain.<\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0Any employee who, without just cause shown by him or her, fails to comply with the provisions of subparagraph (6) shall be guilty of an offence and liable on conviction to a fine not exceeding R2\u00a0000.<\/span><\/p>\n

[Paragraph 11A inserted by section 45 of Act 89 of 1969, amended by section 47 of Act 28 of 1997, substituted by section 19 of Act 34 of 2004, amended by\u00a0section 51 of Act 31 of 2005,\u00a0section 67 of Act 35 of 2007,\u00a0section 19 of Act 8 of 2010\u00a0and section 9 of Act 23 of 2015 and substituted by section 10 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"Paragraph 11A (Fourth Schedule) - Employees' tax on certain amounts included as remuneration","collection_order":1078,"collection":597,"post_modified":"2024-09-07 21:36:43","post_date":"2015-10-15 12:13:26"},{"ID":"1943","post_content":"

STANDARD INCOME TAX ON EMPLOYEES<\/strong><\/p>\n

\ufeff<\/strong>\ufeff<\/p>\n

11B.<\/strong>\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/strong><\/span><\/p>\n

[Paragraph 11B inserted by section 41 of Act 90 of 1988, amended by section 22 of Act 70 of 1989, section 47 of Act 101 of 1990, section 46 of Act 129 of 1991, section 34 of Act 141 of 1992, section 3 of Act 168 of 1993, section 40 of Act 21 of 1995, section 35 of Act 36 of 1996, section 48 of Act 28 of 1997, section 53 of Act 30 of 1998, section 56 of Act 59 of 2000, section 33 of Act 30 of 2002, section 56 of Act 74 of 2002, section 22 of Act 16 of 2004, section 43 of Act 20 of 2006, section 2 of Act 8 of 2007, section 57 of Act 8 of 2007, section 1 of Act 3 of 2008,\u00a0 section 44 of Act 3 of 2008, section 70 of Act 60 of 2008, section 20 of Act 8 of 2010, section 271 of Act 28 of 2011,\u00a0 section 9 of Act 39 of 2013, repealed by section 10 of Act 23 of 2015 effective on 1 March 2016]<\/span><\/p>\n","post_title":"Paragraph 11B (Fourth Schedule) - Standard Income Tax on Employees (SITE)","collection_order":1079,"collection":597,"post_modified":"2017-12-06 21:17:05","post_date":"2015-10-15 12:13:26"},{"ID":"1957","post_content":"

11C. \u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/strong><\/p>\n

[Paragraph 11C inserted by section 22(1) of Act 19 of 2001, amended by section 85(1) of Act 45 of 2003, by section 271 read with paragraph 83 of Schedule 1 of Act 28 of 2011, by section 10 of Act 39 of 2013 and by section 11 of Act 23 of 2015 and repealed by section 11(1) of Act 16 of 2016 effective on 1 March, 2017 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

12. \u00a0 \u00a0 \u00a0 . . . . . .<\/span><\/strong><\/p>\n","post_title":"Paragraph 11C of Fourth Schedule - Deemed remuneration in respect of directors of private companies","collection_order":1080,"collection":597,"post_modified":"2021-03-29 19:08:13","post_date":"2015-10-15 12:13:26"},{"ID":"1960","post_content":"

13.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 FURNISHING AND OBTAINING OF EMPLOYEES\u2019 TAX CERTIFICATES<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0Subject to the provisions of paragraphs 5<\/a>, 14<\/a>(5) and 28<\/a>, every employer who, during any period contemplated in subparagraph (1A), deducts or withholds any amount by way of employees\u2019 tax as required by paragraph 2<\/a> shall, within the time allowed by subparagraph (2) of this paragraph, deliver to each employee or former employee to whom remuneration has during the period in question been paid or become due by such employer, an employees\u2019 tax certificate in such form as the Commissioner may prescribe or approve, which shall show the total remuneration of such employee or former employee and the sum of the amounts of employees\u2019 tax deducted or withheld by such employer from such remuneration during the said period, excluding any amount of remuneration or employees\u2019 tax included in any other employees\u2019 tax certificate issued by such employer, unless such other certificate has been cancelled by such employer.<\/span><\/p>\n

[Subparagraph (1) amended by section 24(a) of Act 72 of 1963 and substituted by section 49(a) of Act 101 of 1990, by section 23(1) of Act 19 of 2001, by section 12(a) of Act 23 of 2015 and by section 7(a) of Act 24 of 2020]<\/span><\/p>\n

<\/p>\n

(1A)\u00a0 The period referred to in subparagraph (1) shall be the period of 12 months ending on the last day of February of any year or, at the option of the employer which may be exercised by him in relation to all his employees or any class of his employees, the period, whether of 12 months or not (to be known as an alternate period), commencing on the day following the last day of the preceding alternate period in relation to the employer and ending on a date falling not more than 14 days (or such greater number of days as the Commissioner having regard to the circumstances of the case may allow) before or after the last day of February of any year.<\/span><\/p>\n

<\/p>\n

(1B)\u00a0\u00a0 Where any employer has in relation to any employee exercised an option as contemplated in subparagraph (1A), any remuneration which is paid or becomes payable to the employee by the employer during an alternate period shall for the purposes of this Act be deemed to have been paid or to have become payable to the employee during the year of assessment ended on the last day of February of the calendar year in which such alternate period ended.<\/span><\/p>\n

<\/p>\n

(2)\u00a0 The employees\u2019 tax certificate referred to in sub\u2013<\/em>paragraph (1) shall be delivered \u2013<\/em><\/span><\/p>\n

\u00a0<\/span><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if the employer who is required to deliver the certificate has not ceased to be an employer in relation to the employee concerned, within 60 days after the end of the period to which the certificate relates;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if the said employer has ceased to be an employer in relation to the employee concerned but has continued to be an employer in relation to other employees, within fourteen days of the date on which he has so ceased; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 if the said employer has ceased to be an employer, within 14 days of the date on which the employer has so ceased,<\/span><\/p>\n

[Item (c) amended by section 24 of Act 72 of 1963 and substituted by section 12 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of sub\u2013<\/em>paragraph (2) an employer shall, if the Commissioner having regard to the circumstances of the case so directs be deemed not to have ceased to be an employer in relation to any of his casual employees who is likely from time to time to be re\u2013<\/em>employed by such employer.<\/span><\/p>\n

<\/p>\n

(4) \u00a0\u00a0\u00a0\u00a0Notwithstanding the provisions of subparagraphs (1) and (2), any employer who has deducted or withheld employees\u2019 tax from the remuneration of any employee shall, as and when required by the Commissioner, deliver to such employee an employees\u2019 tax certificate in such form as the Commissioner may prescribe or approve, which shall show the total remuneration of such employee or former employee and the sum of the amounts of employees\u2019 tax deducted or withheld by such employer from such remuneration during any period specified by the Commissioner, but excluding any amount of remuneration or employees\u2019 tax included in any other employees\u2019 tax certificate issued by such employer, unless such other certificate has been cancelled by such employer.<\/span><\/p>\n

[Subparagraph (4)\u00a0amended by\u00a0section 24(a)\u00a0of\u00a0Act 72 of 1963\u00a0and substituted by\u00a0section 7(b)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 It shall be the duty of any employee or former employee who has not received an employees\u2019 tax certificate within the time allowed by sub\u2013<\/em>paragraph (2) forthwith to apply to the employer for such certificate.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 It shall be sufficient compliance with the provisions of sub\u2013<\/em>paragraph (1) or (4) in regard to the delivery of any employee\u2019s tax certificate to any employee or former employee if such certificate is delivered to the employees\u2019 authorized agent or the representative taxpayer in respect of the remuneration shown in such certificate or, where delivery cannot conveniently be effected by personal delivery, if such certificate is sent to the employee or former employee or such agent or representative taxpayer.<\/span><\/p>\n

<\/p>\n

(8) \u00a0\u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/p>\n

[Subparagraph (8)\u00a0deleted by\u00a0section 7(c)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(9) \u00a0\u00a0\u00a0\u00a0 . . . . . .<\/span><\/p>\n

[Subparagraph (9)\u00a0deleted by\u00a0section 7(c)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(10) \u00a0\u00a0\u00a0 . . . . . .<\/span><\/p>\n

[Subparagraph (10)\u00a0deleted by\u00a0section 7(c)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(11) \u00a0\u00a0\u00a0 . . . . . .<\/span><\/p>\n

[Subparagraph (11)\u00a0deleted by\u00a0section 7(c)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(12)\u00a0\u00a0 \u2026\u2026\u2026..<\/span><\/p>\n

<\/p>\n

(13) \u00a0\u00a0\u00a0. . . . . .<\/span><\/p>\n

[Subparagraph (13)\u00a0deleted by\u00a0section 7(c)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(14) \u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/p>\n

[Subparagraph (14)\u00a0deleted by\u00a0section 7(c)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(15) \u00a0\u00a0For the purposes of this Schedule, any employees\u2019 tax certificate on which appears the name or any trade name of any employer shall, until the contrary is proved, be deemed to have been issued by such employer if such certificate is in a form prescribed by the Commissioner.<\/span><\/p>\n

[Subparagraph (15)\u00a0amended by\u00a0section 24(b)\u00a0of\u00a0Act 72 of 1963\u00a0and substituted by\u00a0section 7(d)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n","post_title":"Paragraph 13 (Fourth Schedule) - Furnishing and obtaining of employees' tax certificates","collection_order":1081,"collection":597,"post_modified":"2024-09-07 21:37:12","post_date":"2015-10-15 12:13:26"},{"ID":"1962","post_content":"

14.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 EMPLOYERS TO KEEP RECORDS AND FURNISH RETURNS<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0 \u00a0 In addition to the records required in accordance with Part A of Chapter 4<\/a> of the Tax Administration Act<\/a>, every employer shall in respect of each employee maintain a record showing-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amounts of remuneration paid or due by him or her to such employee;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the amount of employees\u2019 tax deducted or withheld from the amounts of remuneration contemplated in item;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the income tax reference number of that employee where that employee is registered as a taxpayer in terms of section 67<\/a>; and<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 such further information as the Commissioner may prescribe,<\/span><\/p>\n

<\/p>\n

and such record shall be retained by the employer and shall be available for scrutiny by the Commissioner.<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Every employer shall when making any payment of employees\u2019 tax submit to the Commissioner a return.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Every employer shall \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 by such date or dates as prescribed by the Commissioner by notice in the Gazette<\/em>; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if the employer ceases to carry on any business or other undertaking in respect of which the employer has paid or becomes liable to pay remuneration to any employee or otherwise ceases to be an employer, within 14 days after the date on which the employer has so ceased to carry on that business or undertaking or to be an employer, as the case may be,<\/span><\/p>\n

<\/p>\n

or within such longer time as the Commissioner may approve, render to the Commissioner a return.<\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Unless the Commissioner otherwise directs, no employees\u2019 tax certificate as contemplated in paragraph 13<\/a>(2)(a) or (c) shall be delivered by the employer until such time as the return contemplated in subparagraph (3) has been rendered to the Commissioner.<\/span><\/p>\n

[Subparagraph (5) added by section 22 of Act 4 of 2008, substituted by section 16 of Act 61 of 2008 effective on 29 August 2008 and section 13 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 If an employer fails to render to the Commissioner a complete return referred to in subparagraph (3) within the period prescribed in that subparagraph , the Commissioner may impose on that employer a penalty, which is deemed to be a percentage based penalty imposed under Chapter 15<\/a> of the Tax Administration Act<\/a>, for each month that the employer fails to submit a complete return which, in total, may not exceed 10 per cent of the total amount of employees\u2019 tax deducted or withheld, or which should have been deducted or withheld by the employer from the remuneration of employees for the period described in that subparagraph .<\/span><\/p>\n

[Sub\u00adparagraph (6) added by section 22(1)(b) of Act 4 of 2008 and substituted by section 22 of Act 8 of 2010, by section 271 read with paragraph 85(e) of Schedule 1 of Act 28 of 2011, by section 20 of Act 21 of 2012 and by section 9 of Act 33 of 2019]<\/span><\/p>\n

<\/p>\n

(7) \u00a0\u00a0\u00a0\u00a0If the total amount of employees\u2019 tax deducted or withheld, or which should have been deducted or withheld for the period described in subparagraph (3), is unknown, the Commissioner may estimate the total amount based on information readily available and impose the penalty under subparagraph (6) on the amount so estimated.<\/span><\/p>\n

[Subparagraph\u00a0(7)\u00a0added by\u00a0section\u00a07\u00a0of\u00a0Act\u00a021 of 2021]<\/span><\/p>\n

<\/p>\n

(8) \u00a0\u00a0\u00a0\u00a0Where, upon determining the actual employees\u2019 tax of the person in respect of whom the penalty was imposed under subparagraph (7), it appears that the total amount of employees\u2019 tax was incorrectly estimated under subparagraph (7), the penalty must be adjusted in accordance with the correct amount of employees\u2019 tax effective on the date of the imposition of the penalty under subparagraph (6) read with subparagraph (7).<\/span><\/p>\n

[Subparagraph\u00a0(8)\u00a0added by\u00a0section\u00a07\u00a0of\u00a0Act\u00a021 of 2021]<\/span><\/p>\n","post_title":"Paragraph 14 (Fourth Schedule) - Employer to keep records and furnish returns","collection_order":1082,"collection":597,"post_modified":"2023-01-22 21:59:12","post_date":"2015-10-15 12:13:26"},{"ID":"1964","post_content":"

15.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 REGISTRATION OF EMPLOYERS<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 Every person who is an employer shall apply to the Commissioner in accordance with Chapter 3<\/a> of the Tax Administration Act<\/a> for registration: Provided that where no one of such employer\u2019s employees is liable for normal tax, the provisions of this paragraph shall not apply to such employer.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(3) \u00a0 \u00a0 Every person who is registered as an employer shall within 14 days after ceasing to be an employer, notify the Commissioner in writing of the fact of the employer having ceased to be an employer.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

16.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Paragraph 15 (Fourth Schedule) - Registration of employers","collection_order":1083,"collection":597,"post_modified":"2017-12-06 21:24:03","post_date":"2015-10-15 12:13:26"},{"ID":"1966","post_content":"

PART III<\/strong><\/p>\n

Provisional Tax<\/strong><\/p>\n","post_title":"PART III - Provisional Tax","collection_order":1084,"collection":597,"post_modified":"2017-05-25 18:00:34","post_date":"2015-10-15 12:13:26"},{"ID":"1968","post_content":"

17. \u00a0 \u00a0 PAYMENT OF PROVISIONAL TAX<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Every provisional taxpayer shall in the manner provided in this Part make payments (called provisional tax) to the Commissioner in respect of his liability for normal tax in respect of every year of assessment.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/strong><\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where for the purpose of determining any amount of provisional tax required to be paid by any provisional taxpayer in respect of any year of assessment the liability of such taxpayer for normal tax is required to be estimated in respect of such year, such liability shall be deemed to be the amount of normal tax which, calculated at the relevant rate referred to in subparagraph (4), would be payable by the provisional taxpayer in respect of the amount of taxable income estimated by such taxpayer in terms of paragraph 19<\/a> (1) during the period prescribed by this Schedule for the payment of the said amount of provisional tax or if the amount so estimated has been increased by the Commissioner in terms of paragraph 19<\/a>(3), the amount of normal tax which, calculated at the said rate, would be payable by the provisional taxpayer in respect of the amount of taxable income as so increased, or if the Commissioner has estimated the provisional taxpayer\u2019s taxable income in terms of paragraph 19<\/a>(2), the amount of normal tax which, calculated at the said rate, would be payable by the provisional taxpayer in respect of the amount of taxable income so estimated.<\/span><\/p>\n

[Subparagraph (3) substituted by section 41 of Act 88 of 1971 and section 14 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 For the purposes of any calculation of normal tax under subparagraph (3) the rate at which such tax is to be calculated shall be the relevant rate which on the date of payment of the provisional tax in question is in force in respect of the year of assessment in respect of which such provisional tax is required to be paid under this Schedule, or if at the said date the rate has not been fixed, the relevant rate in respect of that year foreshadowed by the Minister of Finance in his budget statement, or if at that date the rate has not been fixed or so foreshadowed, the relevant rate which is in force in respect of the latest preceding year of assessment in respect of which rates have been fixed by Parliament.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The Commissioner may from time to time, having regard to the rates of normal tax as fixed by Parliament or foreshadowed by the Minister in his or her budget statement or\u00a0 to the rebates applicable in terms of section 6<\/a>(2) of this Act and taking into account any other factors having a bearing upon the probable liability of taxpayers for normal tax, prescribe tables for optional use by provisional taxpayers falling within any category specified by the Commissioner, or by provisional taxpayers generally, for the purpose of estimating the liability of such taxpayers for normal tax, and the Commissioner may prescribe the manner in which such tables shall be applied together with the period for which such tables shall remain in force.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 The provisions of subparagraphs (3) and (4) shall not apply where the liability of a provisional taxpayer for normal tax is estimated in accordance with any tables prescribed for his use under the provisions of subparagraph (5) and not withdrawn under the provisions of subparagraph (6).<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (8) added by section 51 of Act 101 of 1990, substituted by section 271 of Act 28 of 2011 effective on 1 October 2012, deleted by section 14 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Paragraph 17 (Fourth Schedule) - Payment of provisional tax","collection_order":1085,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:26"},{"ID":"1970","post_content":"

18. .............<\/span><\/strong><\/p>\n

[Paragraph 18 amended by section 28 of Act 90 of 1964, section 42 of Act 88 of 1971, section 49 of Act 85 of 1974, section 19 of Act 104 of 1979, section 26 of Act 65 of 1986, section 9 of Act 108 of 1986, section 23 of Act 70 of 1989, section 50 of Act 113 of 1993, section 37 of Act 36 of 1996, section 24 of Act 19 of 2001, section 34 of Act 30 of 2002, section 58 of Act 74 of 2002, section 24 of Act 16 of 2004, section 47 of Act 32 of 2004, section 53 of Act 31 of 2005, section 2 of Act 8 of 2007, section 1 of Act 3 of 2008, section 22 of Act 18 of 2009, section 96 of Act 24 of 2011, section 271 of Act 228 of 2011, section 21 of Act 21 of 2012 and section 8 of Act 44 of 2014, deleted by section 15 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Paragraph 18 (Fourth Schedule) - Exemptions","collection_order":1086,"collection":597,"post_modified":"2021-04-07 15:54:45","post_date":"2015-10-15 12:13:26"},{"ID":"1972","post_content":"

19.\u00a0\u00a0\u00a0\u00a0 ESTIMATES OF TAXABLE INCOME TO BE MADE BY PROVISIONAL TAXPAYERS<\/span><\/strong><\/p>\n

<\/p>\n

(1)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Every provisional taxpayer (other than a company) shall, during every period within which provisional tax is or may be payable by that provisional taxpayer as provided in this Part, submit to the Commissioner (unless the Commissioner directs otherwise) a return of an estimate of the total taxable income which will be derived by the taxpayer in respect of the year of assessment in respect of which provisional tax is or may be payable by the taxpayer: Provided that-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0such estimate will not include any retirement fund lump sum benefit, retirement fund lump sum withdrawal benefit or any severance benefit received by or accrued to or to be received by or accrue to the taxpayer during the relevant year of assessment\u037e and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0in respect of the year of assessment in which a person dies, no estimate is required to be made in respect of the period ending on the date of death of that person.<\/span><\/p>\n

[Item (a) substituted by section 54(1)(a) of Act 31 of 2005, by section 271 read with paragraph 90(a) of Sch. 1 of Act 28 of 2011, by section 22 of Act 21 of 2012 and by section 16(a) of Act 23 of 2015 and amended by section 10 of Act 33 of 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Every company which is a provisional taxpayer shall, during every period within which provisional tax is or may be payable by it as provided in this Part submit to the Commissioner (unless the Commissioner directs otherwise) a return of an estimate of the total taxable income which will be derived by the company in respect of the year of assessment in respect of which provisional tax is or may be payable by the company.<\/span><\/p>\n

[Item (b) substituted by section 49 of Act 94 of 1983, section 271 of Act 28 of 2011 effective on 1 October 2012 and section 16 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The amount of any estimate so submitted by a provisional taxpayer (other than a company) during the period referred to in paragraph 21<\/a>(1)(a), or by a company (as a provisional taxpayer) during the period referred to in paragraph 23<\/a>(a), shall not be less than the basic amount applicable to the estimate in question, as contemplated in item (d) , unless the circumstances of the case justify the submission of an estimate of a lower amount.<\/span><\/p>\n

[Item (c) substituted by section 49 of Act 94 of 1983, section 271 of Act 28 of 2011 effective on 1 October 2012 and section 16 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 The basic amount applicable to any estimate submitted by a provisional taxpayer under this paragraph shall, for the purposes of this paragraph, be deemed to be-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 as respects an estimate submitted by a provisional taxpayer (other than a company) under item (a), the taxpayers\u2019 taxable income, as assessed by the Commissioner, for the latest preceding year of assessment in relation to such estimate, less \u2013<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa)\u00a0\u00a0\u00a0 the amount of any taxable capital gain contemplated in section 26A<\/a>;<\/span><\/p>\n

[Item (aa) amended by section 46 of Act 3 of 2008 and section 13 of Act 39 of 2013 and substituted by section 9 of Act 44 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the taxable portion of any retirement fund lump sum benefit, retirement fund lump sum withdrawal benefit or severance benefit (other than any amount contemplated in paragraph (eA) of the definition of \u2018gross income\u2019 in section 1); and<\/span><\/p>\n

[Item (bb) amended by section 46 of Act 3 of 2008 and substituted by section 271 of Act 28 of 2011, section 13 of Act 39 of 2013 and section 9 of Act 44 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(bbA) any amount (other than a severance benefit) contemplated in paragraph (d) of the definition of \u2018gross income\u2019<\/strong> in section 1,<\/span><\/p>\n

[Item (bbA) added by section 9 of Act 44 of 2014 effective on1 March 2015]<\/span><\/p>\n

<\/p>\n

included in the taxpayer\u2019s taxable income for that year of assessment;<\/p>\n

[Words following item (bbA) added by section 9 of Act 44 of 2014 effective on 1 March 2015]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 as respects an estimate submitted by a company under item (b), the company\u2019s taxable income, as assessed by the Commissioner, for the latest preceding year of assessment in relation to such estimate, less the amount of any taxable capital gain included therein in terms of section 26A<\/a>.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

: Provided that, if an estimate under item (a) or (b) must be made\u00a0 more than 18 months after the end of the latest preceding year of assessment in relation to such estimate, the basic amount determined in terms of subitems (i) and (ii) shall be increased by an amount equal to eight per cent per annum of that amount, from the end of such year to the end of the year of assessment in respect of which the estimate is made.<\/p>\n

[Proviso to item (d) added by section 23 of Act 18 of 2009 and substituted by section 271 of Act 28 of 2011 and section 9 of Act 44 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 For the purposes of item (d), the latest preceding year of assessment in relation to any estimate under this paragraph shall be deemed to be the latest of the years of assessment \u2013<\/em><\/span><\/p>\n

\u00a0<\/em><\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 preceding the year of assessment in respect of which the estimate is made; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0 \u00a0\u00a0 in respect of which a notice of assessment relevant to the estimate has been issued by the Commissioner not less than 14 days before the date on which the estimate is submitted to the Commissioner.<\/span><\/p>\n

[Subitem (ii) amended by section 52 of Act 101 of 1990, section 87 of Act 45 of 2003, section 271 of Act 28 of 2011 and section 9 of Act 44 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 If any provisional taxpayer fails to submit any estimate as required by subparagraph (1), the Commissioner may estimate the taxable income which is required to be estimated.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The Commissioner may call upon any provisional taxpayer to justify any estimate made by the provisional taxpayer in terms of sub-paragraph (1), or to furnish particulars of\u00a0 the provisional taxpayer\u2019s income and expenditure or any other particulars that may be required, and, if the Commissioner is dissatisfied with the said estimate, he or she may increase the amount thereof to such amount as he or she considers reasonable, which increase of the estimate is not subject to objection and appeal.<\/span><\/p>\n

[Subparagraph (3) substituted by section 271 of Act 28 of 2011 effective on 1 October 2012 and section 16 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Any estimate or increase made by the Commissioner under the provisions of sub-paragraph (2) or (3) shall be deemed to take effect in respect of the relevant period within which the provisional taxpayer is required to make any payment of provisional tax in terms of this Part.<\/span><\/p>\n

[Subparagraph (5) substituted by section 16 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(6) \u00a0\u00a0\u00a0\u00a0Subject to subparagraph (2), if an estimate of a provisional taxpayer\u2019s taxable income in respect of any year of assessment is not submitted in terms of subparagraph (1)(a) or (b) by the last day of a period of four months after the last day of the year of assessment, the provisional taxpayer shall, for the purposes of this paragraph and paragraph 20<\/a>, be deemed to have submitted an estimate of an amount of nil taxable income.<\/span><\/p>\n

[Sub-paragraph (6)\u00a0added by\u00a0section\u00a012\u00a0of\u00a0Act\u00a016 of 2016]<\/span><\/p>\n","post_title":"Paragraph 19 (Fourth Schedule) - Estimates of taxable income to be made by provisional taxpayers","collection_order":1087,"collection":597,"post_modified":"2022-02-12 20:35:17","post_date":"2015-10-15 12:13:26"},{"ID":"1974","post_content":"

20. PENALTY FOR UNDERPAYMENT OF PROVISIONAL TAX AS A RESULT OF UNDERESTIMATION<\/span><\/strong><\/p>\n

[Heading of paragraph 20 substituted by section 271 of Act 28 of 2011 and section 10 of Act 44 of 2014 effective on 1 March 2014]<\/span><\/p>\n

\u00a0<\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0If in respect of a year of assessment the taxable income of a provisional taxpayer, as determined under this Act, is\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0more than R1 million and the final or last estimate of taxable income submitted by that provisional taxpayer in terms of paragraph 19<\/a>(1)(a) or (b) in respect of that year of assessment is less than 80 per cent of the amount of the provisional taxpayer\u2019s taxable income, the Commissioner must impose a penalty, which is deemed to be a percentage based penalty imposed under Chapter 15<\/a> of the Tax Administration Act, equal to 20 per cent of the difference between\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the amount of normal tax, calculated at the rates applicable in respect of that year of assessment and after taking into account any amount of a rebate deductible in terms of this Act in the determination of normal tax payable, in respect of a taxable income equal to 80 per cent of the provisional taxpayer\u2019s taxable income; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of employees\u2019 tax and provisional tax in respect of that year of assessment paid by the end of the year of assessment; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0R1 million or less and the final or last estimate of taxable income submitted by that provisional taxpayer in terms of paragraph 19<\/a>(1)(a) or (b) in respect of that year of assessment is less than 90 per cent of the amount of the provisional taxpayer\u2019s taxable income and is also less than the basic amount applicable to that estimate, as contemplated in paragraph 19<\/a>(1)(d), the Commissioner must impose a penalty, which is deemed to be a percentage based penalty imposed under Chapter 15<\/a> of the Tax Administration Act, equal to 20 per cent of the difference between\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0the lesser of\u2014<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0 the amount of normal tax, calculated at the rates applicable in respect of such year of assessment and after taking into account any amount of a rebate deductible in terms of this Act in the determination of normal tax payable, in respect of a taxable income equal to 90 per cent of the provisional taxpayer\u2019s taxable income; and<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 the amount of normal tax calculated in respect of a taxable income equal to such basic amount, at the rates applicable in respect of such year of assessment and after taking into account any amount of a rebate deductible in terms of this Act in the determination of normal tax payable; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of employees\u2019 tax and provisional tax in respect of such year of assessment paid by the end of the year of assessment:<\/span><\/p>\n

\u00a0<\/p>\n

Provided that any retirement fund lump sum benefit, retirement fund lump sum withdrawal benefit or severance benefit received by or accrued to or to be received by or accrue to the taxpayer during the relevant year of assessment shall not be taken into account for purposes of this subparagraph.<\/p>\n

[Sub-paragraph (1) amended by section 25 of Act 72 of 1963, substituted by section 29(1) of Act 88 of 1965, by section 47(1)(a) of Act 89 of 1969, by section 44 of Act 88 of 1971 and by section 51(1)(a) of Act 85 of 1974, amended by section 36 of Act 69 of 1975, by section 50 of Act 94 of 1983 and by section 39(1) of Act 121 of 1984, substituted by section 19 of Act 61 of 2008 and by section 24(1)(a) of Act 18 of 2009, amended by section 271 read with paragraph 91(b) of Schedule 1 of Act 28 of 2011, by section 23(a)-(c) of Act 21 of 2012, by section 10(1)(b) and (c) of Act 44 of 2014 and by section 17(a) of Act 23 of 2015 and substituted by section 13(a) of Act 16 of 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where the Commissioner is satisfied that the amount of any estimate referred to in subparagraph (1) was seriously calculated with due regard to the factors having a bearing thereon and was not deliberately or negligently understated, or if the Commissioner is partly so satisfied, the Commissioner may in his or her discretion remit the penalty or a part thereof.<\/span><\/p>\n

\u00a0<\/p>\n

(2A)\u00a0\u00a0\u00a0. . . . . .<\/span><\/p>\n

[Sub-paragraph (2A) inserted by section 10(1)(d) of Act 44 of 2014, substituted by section 17(b) of Act 23 of 2015 and deleted by section 13(b) of Act 16 of 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(2B)\u00a0\u00a0\u00a0Any penalty imposed under subparagraph (1) in respect of a year of assessment must be reduced by any penalty imposed under paragraph 27<\/a>(1) in respect of payment referred to in paragraph 21<\/a>(1)(b) or 23<\/a>(1)(b).<\/span><\/span><\/p>\n

[Subparagraph (2B)\u00a0inserted by\u00a0section\u00a010(1)(d)\u00a0of\u00a0Act\u00a044 of 2014\u00a0and substituted by\u00a0section\u00a016\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

\u00a0<\/p>\n

(2C) \u00a0\u00a0If-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a provisional taxpayer is deemed in terms of paragraph 19(6) to have submitted an estimate of an amount of nil taxable income due to a failure to submit an estimate by the last day of a period of four months after the last day of the year of assessment; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner is satisfied that the provisional taxpayer\u2019s failure was not due to an intent to evade or postpone the payment of provisional tax or normal tax,<\/span><\/p>\n

\u00a0<\/p>\n

the Commissioner may remit the whole or any part of a penalty imposed under subparagraph (1).<\/p>\n

[Sub-paragraph (2C)\u00a0inserted by\u00a0section\u00a010(1)(e)\u00a0of\u00a0Act\u00a044 of 2014\u00a0and substituted by\u00a0section\u00a013(c)\u00a0of\u00a0Act\u00a016 of 2016]<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (3) substituted by section 51 of Act 85 of 1974 and deleted by section 10 of Act 44 of 2014 effective on 1 March 2014]<\/span><\/p>\n","post_title":"Paragraph 20 (Fourth Schedule) - Penalty for underpayment of provisional tax as a result of underestimation","collection_order":1088,"collection":597,"post_modified":"2024-01-13 21:18:27","post_date":"2015-10-15 12:13:26"},{"ID":"1976","post_content":"

20A.\u00a0 \u2026\u2026\u2026.<\/strong><\/p>\n

[Paragraph 20A inserted by section 25 of Act 89 of 1969, amended by section 45 of Act 88 of 1971, section 52 of Act 85 of 1974, section 40 of Act 121 of 1984, section 88 of Act 45 of 2003, section 271 of Act 28 of 2011, section 24 of Act 21 of 2012 and section 14 of Act 39 of 2013 and repealed by section 11 of Act 44 of 2014 effective on 1 March 2015]<\/span><\/p>\n","post_title":"Paragraph 20A (Fourth Schedule) - Penalty in the even of failure to submit an estimate of taxable income timeously","collection_order":1089,"collection":597,"post_modified":"2017-12-09 18:29:57","post_date":"2015-10-15 12:13:26"},{"ID":"1978","post_content":"

21. \u00a0 \u00a0 PAYMENT OF PROVISIONAL TAX BY PROVISIONAL TAXPAYERS (OTHER THAN COMPANIES)<\/span> <\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to the provisions of subparagraph (2), provisional tax shall be paid by every provisional taxpayer (other than a company) in the following manner, namely \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 within the period of six months reckoned from the commencement of the year of assessment in question, one half of an amount equal to the total estimated liability of such taxpayer (as determined in accordance with paragraph 17<\/a>) for normal tax in respect of that year, less the total amount of-<\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any employees\u2019 tax deducted by the taxpayer\u2019s employer from the taxpayer\u2019s remuneration during such period; and<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any tax proved to be payable to the government of any other country which will qualify as a rebate under section 6quat<\/a>; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 not later than the last day of the year of assessment in question, an amount equal to the total estimated liability of such taxpayer (as finally determined in accordance with paragraph 17<\/a>) for normal tax in respect of that year, less the total amount of-<\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any employees\u2019 tax deducted by the taxpayer\u2019s employer from the taxpayer\u2019s remuneration during such year and the amount paid in terms of item (a); and<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any tax proved to be payable to the government of any other country which will qualify as a rebate under section 6quat<\/a>.<\/span><\/p>\n

<\/p>\n

(1A) \u00a0Subparagraph (1)(a) does not apply where the duration of the year of assessment in question does not exceed a period of six months.<\/span><\/p>\n

[Subparagraph\u00a0(1A)\u00a0inserted by\u00a0section\u00a08\u00a0of\u00a0Act\u00a021 of 2021]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 If the Commissioner has in terms of section 66<\/a>(13A) of this Act agreed to accept accounts from any provisional taxpayer in respect of any year of assessment drawn to a date falling after the end of such year, the period referred to in item (a) of sub\u2013<\/em>paragraph (1) shall, notwithstanding the provisions of that sub\u2013<\/em>paragraph, be reckoned from such date as the Commissioner upon application of the taxpayer and having regard to the circumstances of the case may approve, and in such case the last day of such year of assessment shall for the purposes of item (b) of that subparagraph be deemed to be the day preceding the first anniversary of the said date.<\/span><\/p>\n

<\/p>\n

22.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Paragraph 21 (Fourth Schedule) - Payment of provisional tax by provisional taxpayers (other than companies)","collection_order":1090,"collection":597,"post_modified":"2023-01-22 21:59:27","post_date":"2015-10-15 12:13:26"},{"ID":"1980","post_content":"

23.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 PROVISIONAL TAX PAYMENTS BY COMPANIES<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0\u00a0\u00a0 Provisional tax shall be paid by every company which is a provisional taxpayer in the following manner, namely\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 within the period ending 6 months after the commencement of the year of assessment in question, one half of an amount equal to the total estimated liability of such company (as determined in accordance with paragraph 17<\/a>) for normal tax in respect of that year;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 within the period ending on the last day of that year, an amount equal to the total estimated liability of such company (as so determined) for normal tax in respect of that year less the amount paid in terms of item (a),<\/span><\/p>\n

<\/p>\n

less, in either case, the total amount of \u2013<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any employees tax deducted by the taxpayer\u2019s employer from the taxpayer\u2019s remuneration during the relevant period; and<\/span><\/p>\n

<\/p>\n

(ii) \u00a0\u00a0\u00a0 any tax proved to be payable to the government of any other country which will qualify as a rebate under section 6quat<\/a>.<\/span><\/p>\n

[Subparagraph (1) substituted by section 30(1) of Act 88 of 1965, by section 53(1) of Act 85 of 1974 and by section 51 of Act 94 of 1983, amended by section 53 of Act 101 of 1990 and by section 11 of Act 9 of 2005 and renumbered by section 9(a) of Act 21 of 2021]<\/span><\/p>\n

<\/p>\n

(2) \u00a0\u00a0\u00a0\u00a0Subparagraph (1)(a) does not apply where the duration of the year of assessment in question does not exceed a period of six months.<\/span><\/p>\n

[Subparagraph\u00a0(2)\u00a0added by\u00a0section\u00a09(b)\u00a0of\u00a0Act\u00a021 of 2021]<\/span><\/p>\n","post_title":"Paragraph 23 (Fourth Schedule) - Provisional tax payments by companies","collection_order":1091,"collection":597,"post_modified":"2023-01-22 21:59:37","post_date":"2015-10-15 12:13:26"},{"ID":"1982","post_content":"

23A. \u00a0 \u00a0 \u00a0ADDITIONAL PROVISIONAL TAX PAYMENTS<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Any provisional taxpayer may for the purpose of avoiding or reducing his liability for any interest which may become payable by him in respect of any year of assessment under section 89quat<\/em><\/a>, elect to make an additional payment of provisional tax in respect of such year.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 If any additional payment of provisional tax contemplated in subparagraph (1) is paid after the end of the period ending on the effective date in relation to the said year as determined under section 89quat<\/em><\/a>(1), such payment shall be deemed for the purposes of section 89bis<\/em><\/a>(2) to be an amount of provisional tax which was payable within the said period.<\/span><\/p>\n","post_title":"Paragraph 23A (Fourth Schedule) - Additional provisional tax payments","collection_order":1092,"collection":597,"post_modified":"2017-01-14 19:59:59","post_date":"2015-10-15 12:13:26"},{"ID":"1984","post_content":"

24. \u00a0\u00a0 <\/strong>The Commissioner may absolve any provisional taxpayer from making payment of any amount of provisional tax payable in terms of paragraph 21<\/a>(1)(a) or paragraph 23<\/a>(1)(a), if the Commissioner is satisfied that the taxable income which may be derived by such taxpayer for the year of assessment in question cannot be estimated on the facts available at the time when payment of the amount in question has to be made.<\/span><\/p>\n

[Paragraph 24\u00a0amended by\u00a0section 27\u00a0of\u00a0Act 72 of 1963\u00a0and substituted by\u00a0section\u00a030(1)\u00a0of\u00a0Act\u00a088 of 1965, by\u00a0section 54\u00a0of\u00a0Act 85 of 1974, by\u00a0section 52\u00a0of\u00a0Act 94 of 1983, by\u00a0section\u00a012\u00a0of\u00a0Act\u00a044 of 2014\u00a0and by\u00a0section\u00a06\u00a0of\u00a0Act\u00a016 of 2022]<\/span><\/p>\n","post_title":"Paragraph 24 (Fourth Schedule) - Determination by Commissioner if estimation cannot be made","collection_order":1093,"collection":597,"post_modified":"2024-01-13 21:19:57","post_date":"2015-10-15 12:13:26"},{"ID":"1987","post_content":"

25.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 EXTENSION OF TIME FOR PAYMENT OF PROVISIONAL TAX<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 If after the end of any period within which provisional tax is payable in terms of this Schedule the Commissioner has under the provisions of sub\u2013<\/em>paragraph (3) of paragraph 19<\/a> increased the amount of any estimate of taxable income submitted by any provisional taxpayer during such period, any additional provisional tax payable as a result of the Commissioner having made such increase shall, notwithstanding the provisions of paragraphs 21<\/a>, and 23<\/a>, be payable within such period as the Commissioner may determine.<\/span><\/p>\n

\u00a0<\/p>\n

26.\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Paragraph 25 (Fourth Schedule) - Extension of time for payment of provisional tax","collection_order":1094,"collection":597,"post_modified":"2017-01-14 20:00:01","post_date":"2015-10-15 12:13:26"},{"ID":"1989","post_content":"

27.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 PENALTY ON LATE PAYMENT OF PROVISIONAL TAX<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 If any provisional taxpayer fails to pay any amount of provisional tax for which he or she is liable within the period allowed for payment thereof in terms of paragraph 21<\/a> or 23<\/a>, or paragraph 25<\/a> (1), the Commissioner must, under Chapter 15<\/a> of the Tax Administration Act<\/a>, impose a penalty, which is deemed to be a percentage based penalty imposed under Chapter 15<\/a> of the Tax Administration Act<\/a>, equal to ten per cent of the amount not paid.<\/span><\/p>\n","post_title":"Paragraph 27 (Fourth Schedule) - Penalty on late payment of provisional tax","collection_order":1095,"collection":597,"post_modified":"2017-01-14 20:01:51","post_date":"2015-10-15 12:13:26"},{"ID":"1991","post_content":"

PART IV<\/strong><\/p>\n

GENERAL <\/strong><\/p>\n


<\/strong><\/p>\n

EMPLOYEES\u2019 TAX AND PROVISIONAL TAX TO BE SET OFF AGAINST TAX LIABILITY<\/span><\/strong><\/p>\n","post_title":"PART IV","collection_order":1096,"collection":597,"post_modified":"2021-04-07 20:15:29","post_date":"2015-10-15 12:13:26"},{"ID":"1993","post_content":"

28.\u00a0\u00a0\u00a0\u00a0 <\/span><\/strong><\/p>\n


<\/span><\/p>\n

(1) \u00a0\u00a0\u00a0 There shall be set off against the liability of the taxpayer in respect of any taxes (as defined in subparagraph (8)) due by the taxpayer, the amounts of employees\u2019 tax deducted or withheld by the taxpayer\u2019s employer during any year of assessment for which the taxpayer\u2019s liability for normal tax has been assessed by the Commissioner and the amounts of provisional tax paid by the taxpayer in respect of any such year, and if\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the sum of the said amounts of employees\u2019 tax and provisional tax exceeds the amount of the taxpayer\u2019s total liability for the said taxes, the excess amount shall be refunded to the taxpayer\u037e or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the taxpayer\u2019s total liability for the aforesaid taxes exceeds the sum of the said amounts of\u00a0employees\u2019 tax and provisional tax, the amount of the excess shall be payable by the taxpayer to the Commissioner.<\/span><\/p>\n

[Sub\u00adparagraph (1) amended by section 30 of Act 95 of 1967 and substituted by section 48 of Act 89 of 1969, by section 48(a) of Act 88 of 1971, by section 55(1) of Act 85 of 1974, by section 53(a) of Act 94 of 1983, by section 30(1)(a) of Act No. 65 of 1986 and by section 52 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The burden of proof that any amount of employees\u2019 tax has been deducted or withheld by his employer shall be upon the taxpayer and any employees\u2019 tax certificate shall be prima facie<\/em> evidence that the amount of employees\u2019 tax reflected therein has been deducted by the employer.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 If the Commissioner is satisfied that the amount or any portion of the amount of employees\u2019 tax shown in any employees\u2019 tax certificate has not been deducted or withheld by the employer and the amount of employees\u2019 tax shown in such tax certificate has been applied as provided in sub\u2013<\/em>paragraph (1), the employer and the employee shall be jointly and severally liable to pay to the Commissioner the amount which should not have been so applied and such amount shall be recoverable under this Act as if it were a tax.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 An employer who has under sub\u2013<\/em>paragraph (3) paid to the Commissioner an amount which has but should not have been applied under the provisions of sub\u2013<\/em>paragraph (1), may, if the amount was shown or included in the certificate because of a bona fide error, recover the amount so paid from the employee concerned, and in that case the provisions of sub\u2013<\/em>paragraph (3) of paragraph 5 shall mutatis mutandis<\/em> apply.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 No employees\u2019 tax certificate shall be issued by the employer in respect of any amount recovered by him from the employee in terms of sub\u2013<\/em>paragraph (4) nor shall any such amount be included in any return rendered in terms of sub\u2013<\/em>paragraph (3) of paragraph 14<\/a>.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 If the Commissioner is satisfied that the employee to whom an employees\u2019 tax certificate refers was directly or indirectly responsible for an incorrect amount being shown on such certificate he may absolve the employer from the liability imposed upon him by sub\u2013<\/em>paragraph (3), and in that case the employee shall be solely liable under that sub\u2013<\/em>paragraph.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/p>\n

[Sub-paragraph (7) added by section 29(1)(b) of Act 90 of 1964 and deleted by section 14 of Act 16 of 2016]<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph, \u201ctaxes\u201d means the normal tax levied under this Act.<\/span><\/p>\n","post_title":"Paragraph 28 (Fourth Schedule) - General employees' tax and provisional tax to be set off against tax liability","collection_order":1097,"collection":597,"post_modified":"2021-04-07 20:15:23","post_date":"2015-10-15 12:13:26"},{"ID":"1995","post_content":"

28A.\u00a0 <\/strong>Payments by way of employees\u2019 tax and provisional tax must, for the purposes of this Act and subject to the provisions of paragraph 28<\/a>, be regarded as having been made in respect of the taxpayer\u2019s liability for tax whether or not the liability has been ascertained or determined at the date of any payment.<\/span><\/p>\n","post_title":"Paragraph 28A (Fourth Schedule) - Payments regarded as taxpayer's liability for tax","collection_order":1098,"collection":597,"post_modified":"2017-01-14 20:00:06","post_date":"2015-04-19 19:10:50"},{"ID":"1998","post_content":"

29.<\/strong> No refund of any amount of employees\u2019 tax or provisional tax shall be made to the taxpayer concerned otherwise than as provided in paragraph 28<\/a> or in such circumstances as may be determined by the Commissioner in any deduction tables prescribed by him or her under paragraph 9<\/a>.<\/span><\/p>\n

[Paragraph 29 substituted by section 57 of Act 85 of 1974, section 55 of Act 94 of 1983, section 43 of Act 90 of 1988, section 54 of Act 101 of 1990 and section 18 of Act 23 of 2015 effective on 1 March 2016]<\/span><\/p>\n","post_title":"Paragraph 29 (Fourth Schedule) - Refunds determined by Commissioner","collection_order":1099,"collection":597,"post_modified":"2017-12-09 18:32:34","post_date":"2015-10-15 12:13:26"},{"ID":"2001","post_content":"

OFFENCES<\/span><\/strong><\/p>\n

<\/p>\n

30. \u00a0 \u00a0 <\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0Any person who\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0wilfully uses or applies any amount deducted or withheld by him or her by way of employees\u2019 tax for purposes other than the payment of such amount to the Commissioner; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0not being an employer and without being duly authorised by any person who is an employer, wilfully issues or causes to be issued any document purporting to be an employees\u2019 tax certificate,<\/span><\/p>\n

<\/p>\n

is guilty of an offence and is liable, upon conviction, to a fine or to imprisonment for a period not exceeding two years.<\/p>\n

[Subparagraph (1)\u00a0amended by\u00a0section 45\u00a0of\u00a0Act\u00a021 of 1995, by\u00a0section 44\u00a0of\u00a0Act 53 of 1999, by\u00a0section 271\u00a0read with\u00a0paragraph 97(a)-(d) of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011\u00a0and by\u00a0section 19\u00a0of\u00a0Act\u00a023 of 2015\u00a0and substituted by\u00a0section 8(a)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(1A) \u00a0\u00a0\u00a0\u00a0Any person who\u2014<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0wilfully or negligently fails to deliver to any employee or former employee any employees\u2019 tax certificate as required by paragraph 13;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0being a registered employer under paragraph 15(1), wilfully or negligently fails to notify the Commissioner of having ceased to be an employer as required by paragraph 15(3); or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0wilfully or negligently fails to submit to the Commissioner any estimate of his or her taxable income as required under paragraph 19,<\/span><\/p>\n

<\/p>\n

is guilty of an offence and is liable, upon conviction, to a fine or to imprisonment for a period not exceeding two years,<\/p>\n

[Subparagraph (1A)\u00a0inserted by\u00a0section 8(b)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

<\/p>\n

(2) \u00a0\u00a0\u00a0\u00a0For the purposes of item (a) of subparagraph (1) the person may, unless he or she proves a reasonable possibility that the amount was not so used or applied, be regarded as having used or applied the amount for purposes other than paying the amount to the Commissioner.<\/span><\/p>\n

[Subparagraph (2)\u00a0substituted by\u00a0section 8(c)\u00a0of\u00a0Act\u00a024 of 2020]<\/span><\/p>\n

\u00a0\u00a0<\/p>\n

<\/p>\n

FIFTH SCHEDULE<\/strong><\/p>\n

Repealed<\/strong><\/p>\n","post_title":"Paragraph 30 (Fourth Schedule) - Offences","collection_order":1100,"collection":597,"post_modified":"2022-02-05 22:34:58","post_date":"2015-10-15 12:13:26"},{"ID":"2003","post_content":"

SIXTH SCHEDULE<\/strong><\/p>\n


<\/strong><\/p>\n

DETERMINATION OF TURNOVER TAX PAYABLE BY MICRO BUSINESSES<\/strong><\/p>\n

\u00a0(Part IV of Chapter II)<\/p>\n","post_title":"Sixth Schedule - Determination of Turnover Tax Payable by Micro Businesses","collection_order":1101,"collection":597,"post_modified":"2017-05-25 18:17:46","post_date":"2015-10-15 12:13:26"},{"ID":"5018","post_content":"

Sixth Schedule Index<\/strong><\/p>\n

<\/p>\n

PART I<\/strong><\/p>\n

<\/p>\n

\ufeffParagraph 1\u00a0\u2013 Definitions<\/a><\/p>\n

<\/p>\n

PART II<\/strong><\/p>\n

<\/p>\n

Paragraph 2\u00a0\u2013 Persons that qualify as micro business<\/a><\/p>\n

Paragraph 3\u00a0\u2013 Persons that do not qualify as micro business<\/a><\/p>\n

Paragraph 4\u00a0\u2013 Permissible shares and interests<\/a><\/p>\n

<\/p>\n

PART III<\/strong><\/p>\n

<\/p>\n

Paragraph 5\u00a0\u2013 Taxable turnover<\/a><\/p>\n

Paragraph 6\u00a0\u2013 Inclusions in taxable turnover\ufeff<\/a><\/p>\n

Paragraph 7\u00a0\u2013 Exclusions from taxable turnover<\/a><\/p>\n

<\/p>\n

PART IV<\/strong><\/p>\n

<\/p>\n

Paragraph 8\u00a0\u2013 Registration<\/a><\/p>\n

Paragraph 9\u00a0\u2013 Voluntary deregistration<\/a><\/p>\n

Paragraph 10\u00a0\u2013 Compulsory deregistration<\/a><\/p>\n

<\/p>\n

PART V<\/strong><\/p>\n

<\/p>\n

Paragraph 11\u00a0\u2013 Interim payments<\/a><\/p>\n

Paragraph 12 \u2013 [Repealed]<\/p>\n

<\/p>\n

PART VI<\/strong><\/p>\n

<\/p>\n

Paragraph 13\u00a0\u2013 Amounts received by a connected person may be included in qualifying turnover<\/a><\/p>\n

Paragraph<\/a> 14\u00a0\u2013 Record keeping<\/a><\/p>\n

Paragraph 15 \u2013 [Repealed]<\/p>\n","post_title":"Sixth Schedule Index","collection_order":1102,"collection":597,"post_modified":"2020-05-27 19:57:58","post_date":"2016-05-08 12:38:52"},{"ID":"2005","post_content":"

PART I<\/strong><\/p>\n

Interpretation<\/strong><\/p>\n","post_title":"Part I - Interpretation","collection_order":1103,"collection":597,"post_modified":"2017-05-25 18:10:11","post_date":"2015-10-15 12:13:26"},{"ID":"4510","post_content":"

1. \u00a0 \u00a0 \u00a0DEFINITIONS<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 In this Schedule, unless the context indicates otherwise, any meaning ascribed to a word or expression in this Act must bear the meaning so ascribed and-<\/span><\/p>\n","post_title":"Paragraph 1 - Definitions (Sixth Schedule)","collection_order":1104,"collection":597,"post_modified":"2017-05-25 18:10:41","post_date":"2016-05-03 13:15:35"},{"ID":"2009","post_content":"

\u201cinvestment income\u201d<\/strong> means-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any income in the form of annuities, dividends, foreign dividends, interest, rental derived in respect of immovable property, royalties, or income of a similar nature; and<\/span><\/p>\n

[Paragraph (i) substituted by section 68 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any proceeds derived from the disposal of financial instruments;<\/span><\/p>\n","post_title":"\"Investment income\" definition of Sixth Schedule","collection_order":1105,"collection":597,"post_modified":"2020-05-27 19:58:08","post_date":"2015-10-15 12:13:26"},{"ID":"2011","post_content":"

\u2018micro business\u2019<\/strong> means a person that meets the requirements set out in Part II of this Schedule;<\/p>\n","post_title":"\"Micro business\" definition of Sixth Schedule","collection_order":1106,"collection":597,"post_modified":"2017-05-25 18:10:52","post_date":"2015-10-15 12:13:26"},{"ID":"2013","post_content":"

\u201cprofessional service\u201d<\/strong> means a service in the field of accounting, actuarial science, architecture, auctioneering, auditing, broadcasting, consulting, draftsmanship, education, engineering, financial service broking, health, information technology, journalism, law, management, real estate broking, research, sport, surveying, translation, valuation or veterinary science;<\/p>\n","post_title":"\"Professional service\" definition of Sixth Schedule","collection_order":1107,"collection":597,"post_modified":"2017-05-25 18:10:57","post_date":"2015-10-15 12:13:26"},{"ID":"2015","post_content":"

\u2018qualifying turnover\u2019<\/strong> means the total receipts from carrying on business activities, excluding any-<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 amount of a capital nature; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0amount exempt from normal tax in terms of\u00a0section 10(1)(zK)<\/a> or\u00a012P<\/a>;<\/span><\/p>\n

[Paragraph (b) substituted by section 88 of Act 25 of 2015 and section 64 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"\"Qualifying turnover\" definition of Sixth Schedule","collection_order":1108,"collection":597,"post_modified":"2017-12-09 18:34:56","post_date":"2015-10-15 12:13:26"},{"ID":"2017","post_content":"

\u2018registered micro business\u2019<\/strong> means a micro business that is registered in terms of paragraph 8<\/a>;<\/p>\n","post_title":"\"Registered micro business\" definition of Sixth Schedule","collection_order":1109,"collection":597,"post_modified":"2017-05-25 18:11:49","post_date":"2015-10-15 12:13:26"},{"ID":"2019","post_content":"

\u2018taxable turnover\u2019<\/strong> means the amount determined in terms of paragraph 5<\/a> of this Schedule.<\/p>\n","post_title":"\"Taxable turnover\" definition of Sixth Schedule","collection_order":1110,"collection":597,"post_modified":"2017-05-25 18:11:47","post_date":"2015-10-15 12:13:26"},{"ID":"2023","post_content":"

PART II<\/strong><\/p>\n

Application of Schedule<\/strong><\/p>\n","post_title":"Part II - Application of Schedule","collection_order":1111,"collection":597,"post_modified":"2017-05-25 18:11:46","post_date":"2015-10-15 12:13:26"},{"ID":"2025","post_content":"

2. \u00a0 \u00a0 PERSONS THAT QUALIFY AS MICRO BUSINESSES<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A person qualifies as a micro business if that person is a-<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 natural person (or the deceased or insolvent estate of a natural person that was a registered micro business at the time of death or insolvency); or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 company,<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

where the qualifying turnover of that person for the year of assessment does not exceed an amount of R1 million.<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 If a person described in subparagraph (1) carries on a business during the relevant year of assessment for a period which is less than 12 months, the amount described in subparagraph (1) is reduced proportionally taking into account the number of full months that it did not carry on business during that year.<\/span><\/p>\n","post_title":"Paragraph 2 (Sixth Schedule) - Persons that qualify as micro business","collection_order":1112,"collection":597,"post_modified":"2017-01-14 19:50:44","post_date":"2015-10-15 12:13:26"},{"ID":"2021","post_content":"

3. \u00a0 \u00a0 PERSONS THAT DO NOT QUALIFY AS MICRO BUSINESSES<\/span><\/strong><\/p>\n

<\/p>\n

A person does not qualify as a micro business for a year of assessment where-<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that person at any time during that year of assessment holds any shares or has any interest in the equity of a company other than a share or interest described in paragraph 4<\/a>;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 more than 20 per cent of that person\u2019s total receipts during that year of assessment consists of \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where that person is a natural person (or the deceased or insolvent estate of a natural person that was a registered micro business at the time of death or insolvency), income from the rendering of a professional service; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where that person is a company, investment income and income from the rendering of a professional service;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 at any time during that year of assessment that person is a \u2018personal service provider\u2019 or a \u2018labour broker\u2019, as defined in the Fourth Schedule<\/a>, other than a labour broker in respect of which a certificate of exemption has been issued in terms of paragraph 2<\/a>(5) of that Schedule;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the total of all amounts received by that person from the disposal of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 immovable property used mainly for business purposes; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any other asset of a capital nature used mainly for business purposes, other than any financial instrument,<\/span><\/p>\n

<\/p>\n

exceeds R1,5 million over a period of three years comprising the current year of assessment and the immediately preceding two years of assessment, or such shorter period during which that person was a registered micro business;<\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of a company-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 its year of assessment ends on a date other than the last day of February;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 at any time during its year of assessment, any holder of shares in that micro business is a person other than a natural person (or the deceased or insolvent estate of a natural person);<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 at any time during its year of assessment, any holder of shares in that micro business holds any shares or has any interest in the equity of any other company other than a share or interest described in paragraph 4<\/a> : Provided that the provisions of this item do not apply to the holding of any shares in or interest in the equity of a company, if the company-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 has not during any year of assessment \u2013<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 carried on any trade; and<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 owned assets, the total market value of which exceeds R5000; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 has taken the steps contemplated in section 41<\/a>(4) to liquidate, wind up or deregister: Provided further that this paragraph ceases to apply if the company has at any stage withdrawn any step so taken or does anything to invalidate any step so taken, with the result that the company will not be liquidated, wound up or deregistered;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 it is a public benefit organisation approved by the Commissioner in terms of section 30<\/a>;<\/span><\/p>\n

[Item (iv) substituted by section 89 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 it is a recreational club approved by the Commissioner in terms of section 30A<\/a>;<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 it is an association approved by the Commissioner in terms of section 30B<\/a>; or<\/span><\/p>\n

[Item (vi) added by section 89 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0 it is a small business funding entity approved by the Commissioner in terms of section 30C<\/a>;<\/span><\/p>\n

[Item (vii) added by section 89 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 in the case of a person that is a partner in a partnership during that year of assessment-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any of the partners in that partnership is not a natural person;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that person is a partner in more than one partnership at any time during that year of assessment; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the qualifying turnover of that partnership for that year of assessment exceeds the amount described in paragraph 2<\/a>.<\/span><\/p>\n","post_title":"Paragraph 3 (Sixth Schedule) - Persons that do not qualify as micro business","collection_order":1113,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:26"},{"ID":"2027","post_content":"

4. \u00a0 \u00a0 PERMISSIBLE SHARES AND INTERESTS<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

The disqualification in terms of paragraph 3<\/a>(a) or 3<\/a>(f)(iii) does not apply to a share or interest-<\/span><\/p>\n

\u00a0<\/em><\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in a company as described in paragraph (a) of the definition of a \u2018listed company\u2019;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in a portfolio in a collective investment scheme as described in paragraph (e) of the definition of a company;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in a company as described in section 10(1)(e)<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 in a venture capital company as defined in section 12J;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 that constitutes less than 5 per cent of the interest in a social or consumer co-operative or a co-operative burial society as defined in section 1 of the Co-operatives Act, 2005 (Act No. 14 of 2005), or any other similar co-operative if all of the income derived from the trade of that co-operative during any year of assessment is solely derived from its members;<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 that constitutes less than 5 per cent of the interest in a primary savings co-operative bank or a primary savings and loans co-operative bank as defined in the Co-operative Banks Act, 2007 (Act No. 40 of 2007), that may provide, participate in or undertake only banking services as described in section 14(2)(a) or (b) of that Act; or<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 in any friendly society as defined in section 1 of the Friendly Societies Act, 1956 (Act No. 25 of 1956).<\/span><\/p>\n","post_title":"Paragraph 4 (Sixth Schedule) - Permissible shares and interests","collection_order":1114,"collection":597,"post_modified":"2017-05-25 18:12:42","post_date":"2015-10-15 12:13:26"},{"ID":"2029","post_content":"

PART III<\/strong><\/p>\n

Taxable Turnover<\/strong><\/p>\n","post_title":"Part III - Taxable Turnover","collection_order":1115,"collection":597,"post_modified":"2017-05-25 18:13:10","post_date":"2015-10-15 12:13:26"},{"ID":"2031","post_content":"

5. \u00a0 \u00a0TAXABLE TURNOVER<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

The taxable turnover of a registered micro business in relation to any year of assessment consists of all amounts not of a capital nature received by that registered micro business during that year of assessment from carrying on business activities in the Republic, including amounts described in paragraph 6<\/a> and excluding amounts described in paragraph 7<\/a>, less any amounts refunded to any person by that registered micro business in respect of goods or services supplied by that registered micro business to that person during that year of assessment or any previous year of assessment.<\/p>\n","post_title":"Paragraph 5 (Sixth Schedule) - Taxable turnover","collection_order":1116,"collection":597,"post_modified":"2017-01-14 19:50:47","post_date":"2015-10-15 12:13:26"},{"ID":"2033","post_content":"

6. \u00a0 \u00a0 INCLUSIONS IN TAXABLE TURNOVER<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

The taxable turnover of a registered micro business includes-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 50 per cent of all receipts of a capital nature from the disposal of-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 immovable property mainly used for business purposes, other than trading stock; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any other asset used mainly for business purposes, other than any financial instrument; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of a company, investment income (other than dividends and foreign dividends).<\/span><\/p>\n","post_title":"Paragraph 6 (Sixth Schedule) - Inclusions of taxable turnover","collection_order":1117,"collection":597,"post_modified":"2017-05-25 18:13:33","post_date":"2015-10-15 12:13:26"},{"ID":"2035","post_content":"

7. \u00a0 \u00a0EXCLUSIONS FROM TAXABLE TURNOVER<\/span><\/strong><\/p>\n

<\/p>\n

The taxable turnover of a registered micro business does not include-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of a natural person, investment income;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any amount exempt from normal tax in terms of\u00a0section 10(1)(zK)<\/a> or\u00a012P<\/a>;<\/span><\/p>\n

[Subparagraph (b) substituted by section 115 of Act 31 of 2013 and section 65 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any amount received by that registered micro business where that amount accrued to it prior to its registration as a micro business and that amount accrued was subject to tax in terms of this Act; and<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any amount received by that registered micro business from any person by way of a refund in respect of goods or services supplied by that person to that registered micro business.<\/span><\/p>\n","post_title":"Paragraph 7 (Sixth Schedule) - Exclusions from taxable turnover","collection_order":1118,"collection":597,"post_modified":"2017-12-09 18:36:38","post_date":"2015-10-15 12:13:25"},{"ID":"2037","post_content":"

PART IV<\/strong><\/p>\n

Registration<\/strong><\/p>\n","post_title":"Part IV - Registration","collection_order":1119,"collection":597,"post_modified":"2017-05-25 18:14:05","post_date":"2015-10-15 12:13:25"},{"ID":"2039","post_content":"

8. \u00a0 \u00a0 REGISTRATION<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A person that meets the requirements set out in Part II may elect to be registered as a micro business-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 before the beginning of a year of assessment or such later date during that year of assessment as the Commissioner may prescribe by notice in the Gazette<\/em>;or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of a person that commenced business activities during a year of assessment, within two months from the date of commencement of business activities.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A person that elected to be registered in terms of subparagraph (1) must be registered by the Commissioner with effect from the beginning of that year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(3) \u00a0 \u00a0 A person that is deregistered in terms of paragraph 9<\/a> or 10<\/a> may not again be registered as a micro business.<\/span><\/p>\n","post_title":"Paragraph 8 (Sixth Schedule) - Registration","collection_order":1120,"collection":597,"post_modified":"2021-03-29 18:21:46","post_date":"2015-10-15 12:13:25"},{"ID":"2041","post_content":"

9. \u00a0 \u00a0 VOLUNTARY DEREGISTRATION<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A registered micro business may elect to be deregistered before the beginning of a year of assessment or such later date during that year of assessment as the Commissioner may prescribe by notice in the Gazette.<\/em><\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A registered micro business that elects to be deregistered under subparagraph (1) must be deregistered by the Commissioner with effect from the beginning of that year of assessment.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026..<\/span><\/p>\n

[Subparagraph (3) deleted by section 72 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n","post_title":"Paragraph 9 (Sixth Schedule) - Voluntary registration","collection_order":1121,"collection":597,"post_modified":"2017-12-09 18:37:07","post_date":"2015-10-15 12:13:25"},{"ID":"2043","post_content":"

10. \u00a0 \u00a0 COMPULSORY DEREGISTRATION<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A registered micro business must notify the Commissioner within 21 days from the date on which-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the qualifying turnover of that registered micro business for a year of assessment exceeds the amount described in paragraph 2<\/a>, or there are reasonable grounds for believing that the qualifying turnover will exceed that amount; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that registered micro business is disqualified in terms of paragraph 3<\/a>.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The Commissioner must, subject to subparagraph (3), deregister a registered micro business with effect from the beginning of the month following the month during which the event as described in subparagraph (1)(a) or (1)(b) occurred.\u00a0<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 If the increase in the qualifying turnover of that person to an amount greater than the amount described in paragraph 2<\/a> is of a nominal and temporary nature, the person must apply to the Commissioner for a decision whether the person must remain a registered micro business or not.<\/span><\/p>\n

[Subparagraph (3) substituted by section 90 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Paragraph 10 (Sixth Schedule) - Compulsory deregistration","collection_order":1122,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:25"},{"ID":"2046","post_content":"

PART V<\/strong><\/p>\n

Administration<\/strong><\/p>\n","post_title":"Part V - Administration","collection_order":1123,"collection":597,"post_modified":"2017-05-25 18:14:45","post_date":"2015-10-15 12:13:25"},{"ID":"2048","post_content":"

11. \u00a0 \u00a0INTERIM PAYMENTS<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A registered micro business must, within six calendar months from the first day of the year of assessment-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 estimate the taxable turnover for the year of assessment;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 calculate the amount of tax payable on the estimated taxable turnover; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 pay an amount equal to 50 per cent of the amount of tax so calculated.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0The estimate described in paragraph (1)<\/a>(a) may not be less than the taxable turnover of the previous year of assessment unless the Commissioner, on application by the taxpayer and having regard to the circumstances, approves a lower estimate.<\/span><\/p>\n

[Subparagraph (2) substituted by section 91 of Act 25 of 2015 effective on 8 January 2016]\u00a0<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where full payment of the amount described in subparagraph (1)(c) is not received by the Commissioner within six calendar months from the first day of the year of assessment, interest at the prescribed rate is payable from the first day after the six calendar months to the earlier of the date on which the shortfall is received and the last day of the year of assessment.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 A registered micro business must, by the last day of the year of assessment-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 estimate the taxable turnover for the year of assessment;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 calculate the amount of tax payable on the estimated taxable turnover; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 pay an amount equal to the amount of tax so calculated less the amount paid in terms of subparagraph (1).<\/span><\/p>\n

<\/p>\n

(4A) \u00a0 For the purposes of paragraph 2<\/a>(1) of the Fourth Schedule<\/a>, section 89bis<\/a>(2), section 6 of the Skills Development Levies Act, 1999 (Act No. 9 of 1999), and section 8 of the Unemployment Insurance Contributions Act, 2002 (Act No. 4 of 2002), a registered micro\u00a0 business may elect to pay the amounts deducted or withheld in terms of that paragraph or those sections to the Commissioner-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 with regard to amounts deducted or withheld during the first six calendar months from the first day of the year of assessment, within seven days after the end of such period; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 with regard to amounts deducted or withheld within the next six calendar months following the period in item (i), within seven days after the end of such period.<\/span><\/p>\n

<\/p>\n

(4B) \u00a0 If a registered micro business has made an election in terms of subparagraph (4A), the election must apply to all amounts deducted or withheld in terms of the applicable provisions referred to in that subparagraph.<\/span><\/p>\n

<\/p>\n

(5) \u00a0 \u00a0 Where full payment of the amount described in subparagraph (4)(c) is not received by the Commissioner by the last day of the year of assessment, interest at the prescribed rate is payable from the day following the last day of the year of assessment to the earlier of the date on which the shortfall is received and the due date of the assessment for that year of assessment.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Where the estimate described in subparagraph 4(a) is less than 80 per cent of the taxable turnover for the year of assessment, a penalty, which is deemed to be a percentage based penalty imposed under Chapter 15 of the Tax Administration Act, equal to 20 per cent of the difference between the tax payable on 80 per cent of the taxable turnover for the year of assessment and the tax payable on that estimate must be charged.<\/span><\/p>\n

[Subparagraph (6) substituted by section 271 of Act 28 of 2011 effective on 1 October 2012 and section 26 of Act 21 of 2012 effective on 20 December 2012 - comes into operation in terms of section 26 of Act 21 of 2012 as amended by section 67 of Act 44 of 2014]<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0Where the Commissioner is satisfied that the estimate described in subparagraph (4)(a) was not deliberately or negligently understated and was seriously made based on the information available, or is partly so satisfied, the Commissioner must waive the penalty charged in terms of subparagraph (6) in full or in part.<\/span><\/p>\n

[Subparagraph (7) substituted by section 26 of Act 21 of 2012 effective on 20 December 2012 - comes into operation in terms of section 26 of Act 21 of 2012 as amended by section 67 of Act 44 of 2014]<\/span><\/p>\n

<\/p>\n

(8) \u00a0 \u00a0 Where the Commissioner has issued an assessment in respect of the payment required in terms of subparagraph (4), a penalty must not be imposed in terms of subparagraph (6).<\/span><\/p>\n

<\/p>\n

12.\u00a0<\/strong>\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/strong><\/span><\/p>\n","post_title":"Paragraph 11 (Sixth Schedule) - Interim payments","collection_order":1124,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:25"},{"ID":"2050","post_content":"

PART VI<\/strong><\/p>\n

Miscellaneous<\/strong><\/p>\n","post_title":"Part VI - Miscellaneous","collection_order":1125,"collection":597,"post_modified":"2017-05-25 18:15:41","post_date":"2015-10-15 12:13:25"},{"ID":"2052","post_content":"

13. \u00a0 \u00a0 AMOUNTS RECEIVED BY A CONNECTED PERSON MAY BE INCLUDED IN QUALIFYING TURNOVER<\/span><\/strong><\/p>\n

<\/p>\n

The total amount received from carrying on business activities by a connected person in relation to a person described in paragraph 2<\/a>(1)(a) or (b) must be included in the qualifying turnover of that person for purposes of applying paragraph 2<\/a>\u2013<\/p>\n

[Words preceding paragraph (a) substituted by section 92 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the connected person carries on business activities that should properly be regarded as forming part of the business activities carried on by that person; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the main reason or one of the main reasons for the connected person carrying on business activities in the way that the connected person does is to ensure that the qualifying turnover of that person does not exceed the amount as described in that paragraph.<\/span><\/p>\n","post_title":"Paragraph 13 (Sixth Schedule) - Amounts received by a connected person may be included in qualifying turnover","collection_order":1126,"collection":597,"post_modified":"2017-12-09 18:43:12","post_date":"2015-10-15 12:13:25"},{"ID":"2054","post_content":"

14. \u00a0 \u00a0 RECORD KEEPING<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Notwithstanding the provisions of Part A of Chapter 4<\/a> of the Tax Administration Act<\/a>, a registered micro business must only retain a record of-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 amounts received by that registered micro business during a year of assessment;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 dividends declared by that registered micro business during a year of assessment;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 each asset of that registered micro business as at the end of a year of assessment with a cost price of more than R10 000; and<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 each liability of that registered micro business as at the end of a year of assessment that exceeded R10 000.<\/span><\/p>\n","post_title":"Paragraph 14 (Sixth Schedule) - Record keeping","collection_order":1127,"collection":597,"post_modified":"2017-01-14 19:50:56","post_date":"2015-10-15 12:13:25"},{"ID":"2059","post_content":"

SEVENTH SCHEDULE<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

BENEFITS OR ADVANTAGES DERIVED BY REASON OF EMPLOYMENT OR THE HOLDING OF ANY OFFICE<\/strong><\/p>\n

(Paragraph (i) of the definition of \"gross income\" in section 1 of this Act)<\/p>\n","post_title":"Seventh Schedule - Benefits or advantages derived by reason of employment or the holding of any office","collection_order":1128,"collection":597,"post_modified":"2017-05-25 18:17:17","post_date":"2015-10-15 12:13:25"},{"ID":"5041","post_content":"

Seventh Schedule Index<\/strong><\/p>\n

<\/p>\n

Paragraph 1 \u2013 Definitions<\/a><\/p>\n

Paragraph 2 \u2013 Taxable benefits<\/a><\/p>\n

Paragraph 3 \u2013 Determination of cash equivalent of value of taxable benefit<\/a><\/p>\n

Paragraph 4 \u2013 Taxable benefits granted by associated institutions<\/a><\/p>\n

Paragraph 5 \u2013 Acquisition of an asset at less than actual value<\/a><\/p>\n

Paragraph 6 \u2013 Right of use of any asset (other than residential accommodation or any motor vehicle)<\/a><\/p>\n

Paragraph 7 \u2013 Right of use of motor vehicle<\/a><\/p>\n

Paragraph 8 \u2013 Meals, refreshments and meal and refreshment vouchers<\/a><\/p>\n

Paragraph 9 \u2013 Residential accommodation<\/a><\/span><\/p>\n

Paragraph 10 \u2013 Free or cheap services<\/a><\/p>\n

Paragraph 10A \u2013 Residential accommodation \u2013 other terms<\/a><\/p>\n

Paragraph 11 \u2013 Benefits in respect of interest on debt<\/a><\/p>\n

Paragraph 12 \u2013 Subsidies in respect of debt<\/a><\/p>\n

Paragraph 12A \u2013 Contribution to benefit fund<\/a><\/p>\n

Paragraph 12B \u2013 Incurral of costs relating to medical services<\/a><\/p>\n

Paragraph 12C \u2013 Benefits in respect of insurance policies<\/a><\/p>\n

Paragraph 12D \u2013 Valuation of contributions made by employers to certain retirement funds<\/a><\/p>\n

Paragraph 12E \u2013 <\/a>Contribution to bargaining council<\/a><\/p>\n

Paragraph 13 \u2013 Payment of employee\u2019s debt or release of employee from obligation to pay a debt<\/a><\/p>\n

Paragraph13A \u2013 [Repealed]<\/p>\n

Paragraph 14 \u2013 [Repealed]<\/p>\n

Paragraph 15 \u2013 [Repealed]<\/p>\n

Paragraph 16 \u2013 Benefits granted to relatives of employees and others<\/a><\/p>\n

Paragraph 17 \u2013 Certificates by employers<\/a><\/p>\n

Paragraph 18 \u2013 Annual statements by employers<\/a><\/p>\n

Paragraph 19 \u2013 [Repealed]<\/p>\n

Paragraph 20 \u2013 Amendments to this schedule<\/a><\/p>\n","post_title":"Seventh Schedule Index","collection_order":1129,"collection":597,"post_modified":"2024-01-13 22:49:05","post_date":"2016-05-08 13:36:49"},{"ID":"2061","post_content":"

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 DEFINITIONS<\/span><\/strong><\/p>\n","post_title":"Paragraph 1 - Definitions (Seventh Schedule)","collection_order":1130,"collection":597,"post_modified":"2017-05-25 18:23:13","post_date":"2015-10-15 12:13:25"},{"ID":"2063","post_content":"

For the purposes of this Schedule, unless the context otherwise indicates \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

\u201cassociated institution\u201d<\/strong>, in relation to any single employer, means \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the employer is a company, any other company which is associated with the employer company by reason of the fact that both companies are managed or controlled directly or indirectly by substantially the same persons; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the employer is not a company, any company which is managed or controlled directly or indirectly by the employer or by any partnership of which the employer is a member; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any fund established solely or mainly for providing benefits for employees or former employees of the employer or for employees or former employees of the employer and any company which is in terms of paragraph (a) or (b) an associated institution in relation to the employer, but excluding any fund established by a trade union or industrial council and any fund established for postgraduate research otherwise than out of moneys provided by the employer or by any associated institution in relation to the employer;<\/span><\/p>\n","post_title":"\"Associated institution\" definition of Seventh Schedule","collection_order":1131,"collection":597,"post_modified":"2017-06-15 12:55:35","post_date":"2015-06-10 09:44:30"},{"ID":"2065","post_content":"

\u201cconsideration\u201d<\/strong>, as respects any reference in this Schedule to any consideration given by an employee, does not include any consideration in the form of services rendered or to be rendered by the employee;<\/p>\n","post_title":"\"Consideration\" definition of Seventh Schedule","collection_order":1132,"collection":597,"post_modified":"2017-05-25 18:23:18","post_date":"2015-10-15 12:13:25"},{"ID":"2067","post_content":"

\u2018employee\u2019<\/strong>, in relation to any employer, means a person who is an employee in relation to such employer for the purposes of the Fourth Schedule<\/a>, excluding any person who prior to 1 March 1992 by reason of superannuation, ill-health or other infirmity retired from the employ of such employer, but including, in relation to any company, any director of such company and any person who was previously employed by, or was a director of, such company if such person is or was the sole holder of shares in or one of the controlling holders of shares in such company and, for the purposes of paragraphs 2<\/a>(h) and 13<\/a>, including any person who has retired as aforesaid and who, after the employee\u2019s retirement, is released by the employee\u2019s employer from an obligation which arose before the employee\u2019s retirement to reimburse the employer for an amount paid by the employer on behalf of the employee or to pay any amount which became owing by the employee to the employer before the employee\u2019s retirement;<\/p>\n","post_title":"\"Employee\" definition of Seventh Schedule","collection_order":1133,"collection":597,"post_modified":"2017-05-25 18:23:22","post_date":"2015-06-10 09:46:43"},{"ID":"2069","post_content":"

\u201cemployer\u201d<\/strong> means any person who is an employer as defined in paragraph 1<\/a> of the Fourth Schedule<\/a> and includes \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any company; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 for the purpose of paragraph 2<\/a> and the determination of the cash equivalent of the value of any taxable benefit granted to any person who derives remuneration as defined in the said paragraph from employment in the public service or any administration or undertaking of the State or who holds office under the Republic, the State;<\/span><\/p>\n","post_title":"\"Employer\" definition of Seventh Schedule","collection_order":1134,"collection":597,"post_modified":"2017-06-15 12:55:51","post_date":"2015-10-15 12:13:25"},{"ID":"2071","post_content":"

\u201cemployment\u201d<\/strong> means any office or employment;<\/p>\n","post_title":"\"Employment\" definition of Seventh Schedule","collection_order":1135,"collection":597,"post_modified":"2017-05-25 18:23:34","post_date":"2015-06-10 09:49:36"},{"ID":"2073","post_content":"

\u201cloan\u201d<\/strong> \u2026\u2026\u2026.<\/p>\n

[Definition of \u201cloan\u201d deleted by section 93 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"\"Loan\" definition of Seventh Schedule","collection_order":1136,"collection":597,"post_modified":"2017-12-09 18:43:35","post_date":"2015-10-15 12:13:25"},{"ID":"2075","post_content":"

\u201cmonth\u201d<\/strong> means any of the twelve portions into which any calendar year is divided;<\/p>\n","post_title":"\"Month\" definition of Seventh Schedule","collection_order":1137,"collection":597,"post_modified":"2017-05-25 18:23:42","post_date":"2015-10-15 12:13:25"},{"ID":"2077","post_content":"

\u201cofficial rate of interest\u201d<\/strong> \u2026\u2026\u2026.<\/p>\n

[Definition of \u201cofficial rate of interest\u201d amended by section 26 of Act 96 of 1985, GN R2706 of 1985, section 33 of Act 65 of 1986, GN 2683 of 1986, section 28 of Act 85 of 1987, GN R714 of 1989, section 24 of Act 70 of 1989, GN R763 of 1990, section 55 of Act 101 of 1990, section 35 of Act 141 of 1992, section 52 of Act 113 of 1993, GN 57 of 1994, section 30 of Act 21 of 1994, GNR1154 of 1995, section 40 of Act 36 of 1996, GN 1504 of 1998, GN 539 of 1999, GN R1022 of 1999 and GN183 of 2000, substituted by section 54 of Act 30 of 2000 and section 59 of Act 59 of 2000, amended by section 62 of Act 74 of 2002, substituted by section 90 of Act 7 of 2010, amended by section 93 of Act 25 of 2015 and deleted by section 67 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"\"Official rate of interest\" definition of Seventh Schedule","collection_order":1138,"collection":597,"post_modified":"2019-06-19 11:26:51","post_date":"2015-10-15 12:13:25"},{"ID":"2079","post_content":"

\u201ctaxable benefit\u201d<\/strong> means a taxable benefit contemplated in paragraph 2<\/a>, whether the grant of such benefit is voluntary or otherwise, but excluding \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any benefit the amount or value of which is exempt from normal tax under the provisions of section 10<\/a> of this Act;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any benefit provided by any benefit fund in respect of medical, dental and similar services, hospital services, nursing services and medicines;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any lump sum benefit payable by a benefit fund, pension fund, pension preservation fund, provident fund,<\/strong> or provident preservation fund being a benefit referred to in the definition of \u2018benefit fund\u2019 in section 1<\/a> of this Act or in paragraph (i) of the proviso to paragraph (c) of the definition of \u2018pension fund\u2019 in that section or in paragraph (a) of the definition of \u2018provident fund\u2019 in that section;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any benefit or privilege received by or accrued to a person contemplated in section 9<\/a>(2)(g) or (h) stationed outside the Republic which is attributable to that person\u2019s services rendered outside the Republic; or<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any severance benefit.<\/span><\/p>\n","post_title":"\"Taxable benefit\" definition of Seventh Schedule","collection_order":1139,"collection":597,"post_modified":"2023-01-22 22:03:39","post_date":"2015-10-15 12:13:25"},{"ID":"2081","post_content":"

2. \u00a0 \u00a0 TAXABLE BENEFITS<\/span><\/strong><\/p>\n

<\/p>\n

For the purposes of this Schedule and of paragraph (i) of the definition of \u201cgross income\u201d in section 1<\/a> of this Act, a taxable benefit shall be deemed to have been granted by an employer to his employee in respect of the employee\u2019s employment with the employer, if as a benefit or advantage of or by virtue of such employment or as a reward for services rendered or to be rendered by the employee to the employer \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any asset consisting of any goods, commodity, financial instrument or property of any nature (other than money) has been acquired by the employee from the employer or any associated institution in relation to the employer or from any person by arrangement with the employer, either for no consideration or for a consideration given by the employee which is less than the value of such asset, as determined under paragraph 5<\/a>(2): Provided that the provisions of this subparagraph shall not apply in respect of \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any meal, refreshment, voucher, board, fuel, power or water with which the employee has been provided as contemplated in subparagraph (c) or (d);<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any marketable security acquired by the exercise by the employee, as contemplated in section 8A<\/a>, of any right to acquire any marketable security;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 any qualifying equity share acquired by an employee as contemplated in section 8B<\/a>; or<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 any equity instrument contemplated in section 8C<\/a>; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the employee has been granted the right to use any asset (other than any residential accommodation or household goods supplied with such accommodation) for his or her private or domestic purposes either free of charge or for a consideration payable by the employee which is less than the value of such use, as determined under paragraph 6<\/a> in the case of an asset other than a motor vehicle or under paragraph 7<\/a> in the case of a motor vehicle; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the employee has been provided with any meal or refreshment or voucher entitling him to any meal or refreshment (other than any board or meals referred to in item (d)), either free of charge or for a consideration less than the value of such meal, refreshment or voucher, as the case may be, as determined under paragraph 8<\/a>(2); or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the employee has been provided with residential accommodation (whether furnished or unfurnished and with or without board, meals, fuel, power or water) either free of charge or for a rental consideration payable by the employee which is less than the rental value of such accommodation as determined under the applicable provisions of paragraph 9<\/a>; or<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any service (other than a service to which the provisions of subparagraph (j) or (k) or paragraph 9<\/a>(4)(a) apply) has at the expense of the employer been rendered to the employee (whether by the employer or by some other person), where that service has been utilized by the employee for his or her private or domestic purposes and no consideration has been given by the employee to the employer in respect of that service or, if any consideration has been given, the amount thereof is less than the amount of the lowest fare referred to in item (a) of subparagraph (1) of paragraph 10<\/a>, or the cost referred to in item (b) of that subparagraph, as the case may be; or<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 a debt (other than a debt for purposes of the payment by the employee of any consideration in respect of any qualifying equity share contemplated in section 8B<\/a> to comply with the minimum requirements of the Companies Act or the payment of any securities transfer tax payable in respect of that share, or a debt in respect of which a subsidy is payable as contemplated in subparagraph (gA)) has been incurred by the employee, whether in favour of the employer or in favour of any other person by arrangement with the employer or any associated institution in relation to the employer, and either-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 no interest is payable by the employee in respect of such debt; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 interest is payable by the employee in respect thereof at a rate of lower than the official rate of interest; or<\/span><\/p>\n

<\/p>\n

(g) \u00a0 \u00a0 the employer has paid any subsidy in respect of the amount of interest or capital repayments payable by the employee in terms of any debt; or<\/span><\/p>\n

<\/p>\n

(gA) \u00a0 the employer has, in respect of any debt owed by the employee to any lender, paid to such lender any subsidy, being an amount which, together with any interest payable by the employee in respect of that debt, exceeds the amount of the interest which, if calculated at the official rate of interest, would have been payable in respect of that debt; or<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0\u00a0the employer has, whether directly or indirectly, paid any debt owing by the employee to any third person (other than an amount in respect of which item (i) or (j) applies), without requiring the employee to reimburse the employer for the amount paid or the employer has released the employee from an obligation to pay any debt owing by the employee to the employer: Provided that where any debt owing by the employee to the employer has been extinguished by prescription the employer shall be deemed to have released the employee from his or her obligation to pay the amount of such debt if the employer could have recovered the debt owing or caused the running of the prescription to be interrupted, unless the employer\u2019s failure to recover the debt owing or to cause the running of the prescription to be interrupted was not due to any intention of the employer to confer a benefit on the employee; or<\/span><\/p>\n

[Subparagraph (h) amended by section 55 of Act 31 of 2005 and substituted by section 100 of Act 22 of 2012 and section 94 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the employer has during any period directly or indirectly,<\/strong> made any contribution or payment to any fund contemplated in paragraph (b) of the definition of \u2018benefit fund\u2019 in section 1 for the benefit of any employee or the dependants of any employee; or<\/span><\/p>\n

<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 the employer has, directly or indirectly, incurred any amount (other than a contribution or payment contemplated in item (i)) in respect of any medical, dental and similar services, hospital services, nursing services or medicines provided to the employee or his or her spouse, child, relative or dependant.<\/span><\/p>\n

<\/p>\n

(k)\u00a0\u00a0\u00a0\u00a0\u00a0the employer has made any payment to any insurer under an insurance policy directly or indirectly for the benefit of the employee or his or her spouse, child, dependant or nominee : Provided that this paragraph shall not apply in respect of an insurance policy that relates to an event arising solely out of and in the course of employment of the employee;<\/span><\/p>\n

[Subparagraph (k) added by section 102 of Act 24 of 2011, amended by section 100 of Act 22 of 2012, substituted by section 118(1)(b) of Act 31 of 2013 and amended by section 118(1)(c) of Act 31 of 2013 effective on 1 March 2016 \u2013 date of operation in section 118 of Act 31 of 2013 as substituted by section 130 of Act 43 of 2014 \u2013 and\u00a0section 69 of Act 23 of 2018 effective on 1 March 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(l)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the employer has made any contribution for the benefit of any employee to any pension fund or provident fund: Provided that this subparagraph shall not apply to the transfer of any surplus as contemplated in section 15E(1)(b), (d) and (e) of the Pension Funds Act.<\/span><\/p>\n

[Subparagraph (l) added by section 118 of Act 31 of 2013 effective on 1 March 2016 (Date of operation in section 118 of Act 31 of 2013 as substituted by section 130 of Act 43 of 2014) and substituted by section 69 of Act 23 of 2018 effective on 1 March 2017, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(m)\u00a0\u00a0\u00a0\u00a0the employer has made any contribution for the benefit of any employee to any bargaining council established under section 27 of the Labour Relations Act, 1995 (Act No. 66 of 1995), in respect of a scheme or fund as contemplated in\u00a0section 28(1)(g) of that Act, other than any payment to a pension fund or provident fund as contemplated in subparagraph (l).<\/span><\/p>\n

[Subparagraph (m) added by section 69 of Act 23 of 2018 effective on 1 March 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

2A.<\/strong>\u00a0\u00a0 For the purposes of paragraph 2, a partner is deemed to be an employee of the partnership.<\/span><\/p>\n

[Paragraph (2A) inserted by section 66 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"Paragraph 2 (Seventh Schedule) - Taxable benefits","collection_order":1140,"collection":597,"post_modified":"2020-05-27 19:59:02","post_date":"2015-10-15 12:13:25"},{"ID":"2083","post_content":"

3. DETERMINATION OF CASH EQUIVALENT OF VALUE OF TAXABLE BENEFIT<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0 \u00a0 The cash equivalent of the value of a taxable benefit shall, for the purposes of paragraph (i) of the definition of \u201cgross income\u201d in section 1<\/a> of this Act, be determined in accordance with the provisions of this Schedule by the employer by whom the taxable benefit has been granted.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The Commissioner may, if no determination is made, or if such determination appears to him or her to be incorrect, re-determine such cash equivalent-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0and issue the employer with a notice of the assessment in terms of section 96 of the Tax Administration Act for the unpaid amount of employees\u2019 tax that is required to be deducted or withheld from such cash equivalent; or<\/span><\/p>\n

[Item (a)\u00a0substituted by\u00a0section\u00a015\u00a0of\u00a0Act\u00a016 of 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 upon the assessment of the liability for normal tax of the employee to whom such taxable benefit has been granted.<\/span><\/p>\n

<\/p>\n

(3) \u00a0\u00a0\u00a0\u00a0If the employee concerned is dissatisfied with any determination or proposed determination by his or her employer of the cash equivalent of the value of any taxable benefit included in the remuneration of the employee for employees\u2019 tax purposes, the employee or the employer may refer the matter to the Commissioner and the Commissioner may, if it appears to him or her that the determination or proposed determination should be adjusted, issue a directive to the employer as to the manner in which such determination should be made and the employer shall be obliged to act upon such directive: Provided that nothing in this subparagraph contained shall be construed as preventing the Commissioner from making a re-determination of such cash equivalent under the provisions of subparagraph (2).<\/span><\/p>\n

[Subparagraph (3)\u00a0substituted by\u00a0section\u00a021\u00a0of\u00a0Act\u00a020 of 2022]<\/span><\/p>\n","post_title":"Paragraph 3 (Seventh Schedule) - Determination of cash equivalent of value of taxable benefit","collection_order":1141,"collection":597,"post_modified":"2024-01-13 21:21:32","post_date":"2015-10-15 12:13:25"},{"ID":"2085","post_content":"

4. \u00a0 \u00a0 TAXABLE BENEFITS GRANTED BY ASSOCIATED INSTITUTIONS<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Where any associated institution in relation to any employer has given any employee of that employer, by reason of the fact that the employee is in the employment of the employer, or as a benefit or advantage of such employment or as a reward for services rendered or to be rendered by the employee to the employer any benefit or advantage which, if such benefit or advantage had been given to the employee directly by the employer in the circumstances contemplated in paragraph 2<\/a>, would have constituted a taxable benefit, such benefit or advantage shall for the purposes of this Schedule be deemed to be a taxable benefit granted by the employer to the employee and the cash equivalent of the value of such taxable benefit shall be determined accordingly.<\/p>\n","post_title":"Paragraph 4 (Seventh Schedule) - Taxable benefits granted by associated institutions","collection_order":1142,"collection":597,"post_modified":"2017-01-14 18:46:25","post_date":"2015-10-15 12:13:25"},{"ID":"2087","post_content":"

5. \u00a0 \u00a0 ACQUISITION OF AN ASSET AT LESS THAN ACTUAL VALUE<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where an asset has been acquired by an employee as contemplated in paragraph 2<\/a>(a), the cash equivalent of the value of the taxable benefit shall be so much of the value of such asset (as determined under subparagraph (2) of this paragraph) as exceeds the value of any consideration given by the employee for such asset.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The value to be placed on such asset shall be the market value thereof at the time the asset is acquired by the employee: Provided that where the asset in question is movable property (other than marketable securities or an asset which the employer had the use of prior to acquiring ownership thereof) and was acquired by the employer in order to dispose of it to the employee or the asset in question (other than marketable securities) was held by the employer as trading stock, the value to be placed thereon shall be the cost thereof to the employer or, where such asset was held as trading stock and the market value thereof was less than such cost, such market value: Provided further that where \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any asset is presented by an employer to an employee as an award for bravery, such value to be placed thereon shall be reduced by the lesser of the cost to the employer of all such assets so awarded to the employee during the year of assessment and R5 000; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0any asset is given by an employer to an employee for long service, such value to be placed thereon shall be reduced by the lesser of the cost to the employer of all such assets so given to the employee during the year of assessment and R5 000: Provided that the aggregate value of an amount reduced under this paragraph together with all amounts determined under paragraphs 6<\/a>(4)(d) and 10<\/a>(2)(e) of this Schedule and paragraph (vii) of the proviso to paragraph (c) of the definition of \u201cgross income\u201d in section 1<\/a> does not exceed R5 000.<\/span><\/p>\n

[Paragraph (b) amended by section 35 of Act 30 of 2002 and substituted by section 40(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 No value shall be placed under this paragraph on fuel or lubricants supplied by an employer to his employee for use in a motor vehicle where the value of the private use of such vehicle has been determined under paragraph 7<\/a>.<\/span><\/p>\n

<\/p>\n

(3A)\u00a0\u00a0No value shall be placed under this paragraph on any immovable property used for residential purposes, and acquired by an employee as contemplated in paragraph 2(a): Provided that this subparagraph must not apply if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the remuneration proxy of the employee exceeds R250 000 in relation to the year of assessment during which the immovable property is so acquired;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the market value of the immovable property on the date of that acquisition exceeds R450 000; or<\/span><\/p>\n

[Item (b) amended by section 74 of Act 43 of 2014 effective on 1 March 2014]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the employee is a connected person in relation to the employer.<\/span><\/p>\n

[Subparagraph\u00a0(3A)\u00a0added by\u00a0section 119(1)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and amended by\u00a0section 43\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph, \u201clong service\u201d means an initial unbroken period of service of not less than 15 years or any subsequent unbroken period of service of not less than 10 years.<\/span><\/p>\n","post_title":"Paragraph 5 (Seventh Schedule) - Acquisition of an asset at less than actual value","collection_order":1143,"collection":597,"post_modified":"2023-01-22 22:05:05","post_date":"2015-10-15 12:13:25"},{"ID":"2089","post_content":"

6. \u00a0 \u00a0 RIGHT OF USE OF ANY ASSET (OTHER THAN RESIDENTIAL ACCOMMODATION OR ANY MOTOR VEHICLE)<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where an employee has been granted the right to use any asset (other than residential accommodation or any motor vehicle) as contemplated in paragraph 2<\/a>(b), the cash equivalent of the value of the taxable benefit shall be so much of the value of the private or domestic use of such asset (as determined under subparagraph (2) of this paragraph for the period of use) as exceeds any consideration given by the employee for the use of such asset during such period or any amount expended by the employee on the maintenance or repair of such asset.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The value to be placed on the private or domestic use of such asset shall be \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the asset is held by the employer as the lessee under a lease or hiring agreement, the amount of the rental payable by the employer in respect of the period during which the employee has the use of the asset; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the asset is owned by the employer, an amount calculated for the period during which the employee has the use of the asset at the rate of 15 per cent per annum on the lesser of the cost of such asset to the employer or the market value thereof at the date of commencement of the period of use: Provided that where an employee is granted the sole right of the use of the asset for a period extending over the useful life of the asset or over a major portion thereof, the value to be placed on the private or domestic use of the asset shall be the cost thereof to the employer, and in such case the taxable benefit in respect of such use shall be deemed to have accrued to the employee on the date on which he was first granted the right of use of such asset.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For employees tax purposes an appropriate portion of the said cash equivalent shall be apportioned to each period during the year of assessment in respect of which any cash remuneration is paid or becomes payable by the employer to the employee.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 No value shall be placed under this paragraph on the private or domestic use of an asset by an employee, if \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such use is incidental to the use of the asset for the purposes of the employer\u2019s business or the asset is provided by the employer as an amenity to be enjoyed by the employee at his place of work or for recreational purposes at that place or a place of recreation provided by the employer for the use of his employees in general: Provided that this item shall not apply in respect of clothing;<\/span><\/p>\n

[Proviso to subpara (a) added by section 68 of Act 17 of 2017 effective on 1 March 2018]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the asset consists of any equipment or machine which the employer concerned allows his employees in general to use from time to time for short periods and the value of the private or domestic use of the asset, as determined under subparagraph (2), as does not exceed an amount determined on a basis as set out in a public notice issued by the Commissioner;<\/span><\/p>\n

[Item (b) amended by section 72 of Act 60 of 2008 and substituted by section 95 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(bA)\u00a0\u00a0the asset consists of telephone or computer equipment which the employee uses mainly for the purposes of the employer\u2019s business\u037e<\/span><\/p>\n

[Item (bA) amended by section 41(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the asset consists of books, literature, recordings or works of art\u037e or<\/span><\/p>\n

[Item (c) amended by section 41(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0such use is granted by an employer to an employee for long service as defined in paragraph 5<\/a>(4) to the extent that it does not exceed R5 000: Provided that the aggregate value of an amount determined under this paragraph together with amounts determined under paragraph (vii) of the proviso to paragraph (c) of the definition of \u201cgross income\u201d in section 1<\/a> and paragraphs 5<\/a>(2)(b) and 10<\/a>(2)(e) of the Seventh Schedule does not exceed R5 000.<\/span><\/p>\n

[Item (d) added by section 41(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Paragraph 6 (Seventh Schedule) - Right of use of any asset (other than residential accommodation or any motor vehicle)","collection_order":1144,"collection":597,"post_modified":"2023-01-22 22:05:25","post_date":"2015-06-10 11:26:03"},{"ID":"2091","post_content":"

7. \u00a0 \u00a0 RIGHT OF USE OF MOTOR VEHICLE<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph, \u201cdetermined value\u201d, in relation to a motor vehicle, means \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where such motor vehicle (not being a vehicle in respect of which paragraph (b)(ii) of this definition applies) was acquired by the employer, the retail market value thereof as determined by the Minister by regulation (excluding any finance charge or interest payable by the employer in respect of the employer\u2019s acquisition thereof); or<\/span><\/p>\n

[Item (a) substituted by section 50 of Act 129 of 1991, section 91 of Act 7 of 2010 and section 75 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where such motor vehicle \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is held by the employer under a lease (other than an \u2018operating lease\u2019 as defined in section 23A<\/a>(1)); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 was held by the employer under a lease (other than an \u2018operating lease\u2019 as defined in section 23A<\/a>(1)) and the ownership thereof was acquired by the employer on the termination of the lease,<\/span><\/p>\n

<\/p>\n

the retail market value thereof at the time the employer first obtained the right of use of the vehicle or, where at such time such lease was a lease contemplated in paragraph (b) of the definition of \u2018instalment credit agreement\u2019 in section 1 of the Value-Added Tax Act, the cash value thereof as contemplated in the definition of \u2018cash value\u2019 in the said section; or<\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in any other case, the retail market value, as determined by the Minister by regulation, of such motor vehicle at the time when the employer first obtained the vehicle or right of use thereof or manufactured the vehicle:<\/span><\/p>\n

[Item (c) substituted by section 75 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

Provided that \u2013<\/em><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where an employee has been granted the right of use of such motor vehicle as contemplated in subparagraph (2) (other than a motor vehicle acquired under an operating lease as defined in section 23A<\/a>(1)) and such vehicle, or the right of use thereof, was acquired by the employer not less than 12 months before the date on which the employee was granted such right of use, there shall be deducted from the amount determined under the foregoing provisions of this subparagraph a depreciation allowance calculated according to the reducing balance method at the rate of 15 per cent for each completed period of 12 months from the date on which the employer first obtained such vehicle or the right of use thereof to the date on which the said employee was first granted the right of use thereof; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where such motor vehicle was acquired by the employer from an associated institution in relation to the employer and the employee concerned had, prior to such acquisition, enjoyed the right of use of such motor vehicle, the determined value shall be the determined value as at the date on which the employee was granted the right of use of such motor vehicle for the first time.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where an employee has been granted the right to use any motor vehicle as contemplated in paragraph 2<\/a>(b), the cash equivalent of the value of the taxable benefit shall be so much of the value of the private use of such vehicle (as determined under this paragraph in respect of the period of use) as exceeds any consideration given by the employee to the employer for the use of such vehicle during such period, other than consideration in respect of the cost of the licence, insurance, maintenance or fuel in respect of such vehicle.<\/span><\/p>\n

<\/p>\n

(3)<\/span><\/p>\n

<\/p>\n

(a) \u00a0 \u00a0Where an employer\u2019s rights and obligations under a lease in respecft of a motor vehicle are transferred to his employee the employer shall for the purposes of this Schedule be deemed to have granted the employee the right to use such vehicle for the remainder of the period of the lease.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 In such case \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any rentals becoming payable by the employee under the lease shall be deemed to be a consideration payable by him for the said right; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the determined value of the vehicle shall be deemed to be an amount determined in accordance with the provisions of subparagraph (1) (b);<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to subparagraph (10), the value to be placed on the private use of such vehicle shall be determined for each month or part of a month during which the employee was entitled to use the vehicle for private purposes (including travelling between the employee\u2019s place of residence and his or her place of employment or any other travelling done for his or her private or domestic purposes) and the said value shall-<\/span><\/p>\n

[Words preceding item (a) substituted by section 91 of Act 7 of 2010 and section 67 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 as respects each such month-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 be an amount equal to 3,5 per cent of the determined value of such motor vehicle: Provided that where the motor vehicle is the subject of a maintenance plan at the time the employer acquired the motor vehicle or the right of use thereof, that amount shall be reduced to an amount equal to 3,25 per cent of the determined value of the motor vehicle; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where such vehicle is acquired by the employer under an \u2018operating lease\u2019 as defined in section 23A<\/a>(1) concluded by parties transacting at arm\u2019s length and that are not connected persons in relation to each other, be-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 the actual cost to the employer incurred under that operating lease; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the cost of fuel in respect of that vehicle; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 as respects any such part of a month, be an amount which bears to the appropriate amount determined in accordance with item (a)(i) or (ii) for a month the same ratio as the number of days in such part of a month bears to the number of days in the month in which such part falls.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 No reduction in the value determined under subparagraph (4) shall be made for the purposes of item (b) of that subparagraph by reason of the fact that the vehicle in question was during any period for any reason temporarily not used by the employee for private purposes.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Where more than one motor vehicle is made available by an employer to a particular employee at the same time and\u00a0 each such vehicle was used by the employee during the year of assessment primarily for business purposes, the value to be placed on the private use of all the said vehicles shall be deemed to be the value of the private use of the vehicle having the highest value of private use or such other vehicle as the Commissioner may decide, on application by the taxpayer: Provided that the preceding provisions of this subparagraph shall not apply where the provisions of subparagraph (7) or (8) are applied.<\/span><\/p>\n

[Subparagraph (6) substituted by section 10 of Act 108 of 1986 and section 96 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 Where accurate records of distances travelled for business purposes in such vehicle are kept, upon the assessment of the employee\u2019s liability for normal tax for the year of assessment the value placed on the private use of the vehicle, calculated under subparagraph (4), must be reduced by an amount that bears to that calculated value the same ratio as the number of kilometres travelled for business purposes bears to the total amount of kilometres travelled in such vehicle during that year of assessment.<\/span><\/p>\n

[Subparagraph (7) substituted by section 91 of Act 7 of 2010 and section 96 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 Where accurate records of distances travelled for private purposes in such vehicle (other than a vehicle acquired as contemplated in subparagraph are kept and the employee bears-<\/span><\/p>\n

<\/p>\n

(a)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the full cost of the licence for such vehicle, upon the assessment of the employee\u2019s liability for normal tax for the year of assessment the value placed on the private use of such vehicle calculated under subparagraph (4) must be reduced by an amount that bears to the amount of the cost of the licence for such vehicle the same ratio as the number of kilometres travelled for private purposes bears to the total number of kilometres travelled in such vehicle during that year of assessment;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the full cost of the insurance of such vehicle, upon the assessment of the employee\u2019s liability for normal tax for the year of assessment the value placed on the private use of such vehicle calculated under subparagraph (4) must be reduced by an amount that bears to the amount of the cost of the insurance for such vehicle the same ratio as the number of kilometres travelled for private purposes bears to the total number of kilometres travelled in such vehicle during that year of assessment; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the full cost of the maintenance of such vehicle, upon the assessment of the employee\u2019s liability for normal tax for the year of assessment the value placed on the private use of such vehicle calculated under subparagraph (4) must be reduced by an amount that bears to the amount of the cost of the maintenance for such vehicle the same ratio as the number of kilometres travelled for private purposes bears to the total number of kilometres travelled in such vehicle during that year of assessment;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the full cost of fuel for private use of such vehicle, upon the assessment of the employee\u2019s liability for normal tax for the year of assessment the value placed on the private use of the vehicle during that year of assessment calculated under subparagraph (4) must be reduced by an amount determined for the total kilometres travelled for private purposes by applying the rate per kilometre for fuel fixed by the Minister in the Gazette<\/em> for the purposes of section 8<\/a>(1)(b)(ii) and (iii).<\/span><\/p>\n

[Subparagraph (8) substituted by section 91 of Act 7 of 2010, amended by section 101 of Act 22 of 2012 and substituted by section 96 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(8A)\u00a0\u00a0\u00a0 For the purposes of subparagraphs (7) and (8), if the employee contemplated in those subparagraphs is a \u201cjudge\u201d or a \u201cConstitutional Court judge\u201d as defined in section 1 of the Judges\u2019 Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001), the kilometres travelled between the judge\u2019s place of residence and the court over which the judge presides must be deemed to be kilometres travelled for business purposes and not for private purposes.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026..<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0 For the purposes of this paragraph the private use by an employee of a motor vehicle shall be deemed to have no value, if \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the vehicle is available to and is in fact used by employees of the employer in general;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the private use of the vehicle by the employee concerned is infrequent or is merely incidental to its business use; and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the vehicle is not normally kept at or near the residence of the employee concerned when not in use outside of business hours; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the nature of the employee\u2019s duties are such that he or she is regularly required to use the vehicle for the performance of those duties outside his or her normal hours of work, and he or she is not permitted to use that vehicle for private purposes other than \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 travelling between his or her place of residence and his or her place of work; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 private use which is infrequent or is merely incidental to its business use.<\/span><\/p>\n

<\/p>\n

(11)\u00a0\u00a0 For the purposes of this paragraph, \u2018maintenance plan\u2019, in relation to a motor vehicle, means a contractual obligation undertaken by a provider in the ordinary course of trade with the general public to underwrite the costs of all maintenance of that motor vehicle, other than the costs related to top-up fluids, tyres or abuse of the motor vehicle, for at least a period of not less than three years and a distance travelled by the motor vehicle of not less than 60 000 kilometres from the date that the provider undertakes the contractual obligation: Provided that the contractual obligation may terminate at the earlier of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the end of the period of three years; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the date on which the distance of 60 000 kilometres is traveled by that motor vehicle.<\/span><\/p>\n","post_title":"Paragraph 7 (Seventh Schedule) - Right of use of motor vehicle","collection_order":1145,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:25"},{"ID":"2093","post_content":"

8. \u00a0 \u00a0 MEALS, REFRESHMENTS AND MEAL AND REFRESHMENT VOUCHERS<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0 \u00a0 Where an employee has been provided with any meal, refreshment or voucher as contemplated in paragraph 2<\/a>(c), the cash equivalent of the taxable benefit shall be so much of the value of such meal, refreshment or voucher (as determined under subparagraph (2) of this paragraph) as exceeds any consideration given by the employee in respect of such meal, refreshment or voucher.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The value to be placed on such meal, refreshment or voucher shall be the cost to the employer of such meal, refreshment or voucher.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 No value shall be placed under this paragraph on \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any meal or refreshment supplied by an employer to his employee in any canteen, cafeteria or dining room operated by or on behalf of the employer and patronised wholly or mainly by his employees or on the business premises of the employer;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any meal or refreshment supplied by an employer to an employee during business hours or extended working hours or on a special occasion; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any meal or refreshment enjoyed by an employee in the course of providing a meal or refreshment to any person whom the employee is required to entertain on behalf of the employer.<\/span><\/p>\n","post_title":"Paragraph 8 (Seventh Schedule) - Meals, refreshments and meal and refreshment vouchers","collection_order":1146,"collection":597,"post_modified":"2022-02-12 20:51:28","post_date":"2015-10-15 12:13:25"},{"ID":"2095","post_content":"

9. \u00a0 \u00a0 RESIDENTIAL ACCOMMODATION<\/span><\/strong><\/p>\n","post_title":"Paragraph 9 (Seventh Schedule) - Residential accommodation","collection_order":1147,"collection":597,"post_modified":"2017-01-14 18:46:29","post_date":"2015-10-15 12:13:25"},{"ID":"2097","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph \u2013<\/em><\/span><\/p>\n

<\/p>\n

\u201cremuneration\u201d\u2026\u2026\u2026..<\/strong><\/p>\n

[Definition of \u201cremuneration\u201d amended by section 53 of Act 113 of 1993, section 33 of Act 21 of 1994, section 57 of Act 31 of 2005, section 48 of Act 3 of 2008 and section 121 of Act 31 of 2013 and deleted by section 97 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"\"Remuneration\" definition of Seventh Schedule","collection_order":1148,"collection":597,"post_modified":"2017-12-09 18:52:57","post_date":"2015-10-15 12:13:25"},{"ID":"2101","post_content":"

(2) \u00a0\u00a0\u00a0 The cash equivalent of the value of the taxable benefit derived from the occupation of residential accommodation as contemplated in paragraph 2<\/a>(d) shall be the rental value of such accommodation (as determined under subparagraph (3), (3C), (4) or (5) of this paragraph in respect of the year of assessment) less any rental consideration given by the employee for such accommodation in respect of such year. Any rental consideration given by him in respect of household goods supplied with such accommodation and any charge made to the employee by the employer in respect of power or fuel provided with the accommodation.<\/span><\/p>\n

[Sub-paragraph (2)\u00a0substituted by\u00a0section 31(a)\u00a0of\u00a0Act 96 of 1985, by\u00a0section\u00a055(1)(a)\u00a0of\u00a0Act\u00a030 of 1998, by\u00a0section\u00a097(b)\u00a0of\u00a0Act\u00a025 of 2015\u00a0and by\u00a0section\u00a068(a)\u00a0of\u00a0Act\u00a015 of 2016]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Subject to the provisions of subparagraph (3C) and (4), the rental value to be placed on such accommodation for any year of assessment shall be an amount determined in accordance with the formula.<\/span><\/p>\n

[Words preceding the formula substituted by section 76 of Act 43 of 2014 and section 97 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an amount determined in accordance with the formula-<\/span><\/p>\n

<\/p>\n

(A \u2013 B) \u00a0 \u00a0 \u00a0x \u00a0 \u00a0 \u00a0C<\/u>\u00a0 \u00a0 \u00a0 x \u00a0 \u00a0 \u00a0D<\/span><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0100 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 12<\/p>\n

<\/p>\n

in which formula \u2013<\/em><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cA\u201d represents the remuneration proxy as determined in relation to the year of assessment;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cB\u201d represents an abatement equal to an amount of R95 750: Provided that in any case where-<\/span><\/span><\/p>\n

<\/p>\n

(aa) \u00a0 the employer is a private company and the employee or his spouse controls the company or is one of the persons controlling the company, whether control is exercised directly as a shareholder in the company or as a shareholder in any other company; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 the employee, his spouse or minor child has a right of option or pre\u2013<\/em>emption granted by the employer or by any other person by arrangement with the employer or any associated institution in relation to the employer whereby the employee, his spouse or minor child may become the owner of the accommodation, whether directly or indirectly by virtue of a controlling interest in a company or otherwise,<\/span><\/p>\n

<\/p>\n

the said abatement shall be reduced to zero;<\/p>\n

[Item (ii)\u00a0amended by\u00a0section\u00a07(1)\u00a0of\u00a0Act\u00a013 of 2015, by\u00a0section\u00a010(1)\u00a0of\u00a0Act\u00a013 of 2016, by\u00a0section\u00a013(1)\u00a0of\u00a0Act 14 of 2017, by\u00a0section\u00a06(1)\u00a0of\u00a0Act 21 of 2018, by\u00a0section\u00a03(1)\u00a0of\u00a0Act\u00a032 of 2019, by\u00a0section\u00a08(1)\u00a0of\u00a0Act\u00a022 of 2020, by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a019 of 2021, by\u00a0section\u00a04(1)\u00a0of\u00a0Act\u00a019 of 2022\u00a0and by\u00a0section 6(1)\u00a0of\u00a0Act 19 of 2023\u00a0effective on 1\u00a0March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 \u201cC\u201d represents a quantity of 17: Provided that where the accommodation consists of a house, flat or apartment consisting of at least four rooms \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0\u201cC\u201d represents a quantity of 18 if \u2013<\/em><\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 such accommodation is unfurnished and power or fuel is supplied by the employer; or<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 such accommodation is furnished but power or fuel is not supplied; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 \u201cC\u201d represents a quantity of 19 if such accommodation is furnished and power or fuel is supplied by the employer; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 \u201cD\u201d represents the number of months in relation to a year of assessment during which the employee was entitled to occupation of such accommodation.<\/span><\/p>\n

[Item (iv) amended by section 76 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Paragraph (b) deleted by section 76 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(3A)\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subparagraph (3A) inserted by section 55 of Act 30 of 1998 and deleted by section 97 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(3B)\u00a0\u00a0 Where the employee has an interest in the accommodation in question, subparagraph (3) shall apply.<\/span><\/p>\n

<\/p>\n

(3C)\u00a0\u00a0Where the employer or associated institution in relation to the employer supplies accommodation, obtained in terms of a transaction at arm\u2019s length with a person that is not a connected person in relation to that employer or associated institution and the full ownership does not vest in the employer or associated institution, the value to be placed on such accommodation shall be the lower of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount determined in accordance with subparagraph (3); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the amount of the expenditure incurred in respect of that accommodation by that employer or associated institution.<\/span><\/p>\n

[Subparagraph (3C) inserted by section 76 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The rental value to be placed on accommodation occupied temporarily for the purposes of a holiday shall be \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where such accommodation is hired by the employer from a person other than an associated institution in relation to the employer, so much of the rental payable and any amounts chargeable in respect of meals, refreshments or any services relating to such accommodation as have been borne by the employer and are connected with the period during which the accommodation was so occupied; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in any other case, an amount calculated at the prevailing rate per day at which such accommodation could normally be let to any person who is not an employee of the employer or of any associated institution in relation to the employer.<\/span><\/p>\n

<\/p>\n

(5) \u00a0\u00a0\u00a0\u00a0Where, by reason of the situation, nature or condition of the accommodation or any other factor, the Commissioner is satisfied that the rental value of such accommodation is less than the rental value thereof determined in accordance with the formula contemplated in subparagraph (3) or the rental value determinable under subparagraph (4), he or she may determine such rental value at such lower amount as to him or her appears fair and reasonable.<\/span><\/p>\n

[Sub-paragraph (5) substituted by section 55(1)(d) of Act 30 of 1998 and by section 68(b) of Act 15 of 2016]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Where any employee has been provided by his employer with residential accommodation consisting of two or more residential units situated at different places which the employee is entitled to occupy from time to time while performing his duties the cash equivalent of the value of the benefit of such units which shall be included in the gross income of the employee shall be the value of the unit with the highest rental value determined under subparagraph (2) over the full period during which the employee was entitled to occupy more than one unit.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 No rental value shall be placed under this paragraph on any accommodation away from an employee\u2019s usual place of residence in the Republic provided by his employer while such employee is absent from his usual place of residence in the Republic for the purposes of performing the duties of his or her employment: Provided that the preceding provisions of this subparagraph shall not apply in respect of any residential unit referred to in subparagraph (6).<\/span><\/p>\n

<\/p>\n

(7A)\u00a0 Subject to subparagraph (7B) no rental value shall be placed under this paragraph on any accommodation provided by an employer to an employee away from such employee\u2019s usual place of residence outside the Republic-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 for a period not exceeding 2 years from the date of arrival of that employee in the Republic, for the purposes of performing the duties of his or her employment; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if that accommodation is provided to that employee during the year of assessment and that employee is physically present in she Republic for a period of less than 90 days in that year.<\/span><\/p>\n

<\/p>\n

(7B)\u00a0\u00a0 The provisions of subparagraph (7A)(a) do not apply-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 if that employee was present in the Republic for a period exceeding 90 days during the year of assessment immediately preceding the date of arrival referred to in subparagraph (7A); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 to the extent that the cash equivalent of the value of the taxable benefit derived from the occupation of the residential accommodation exceeds an amount equal to R25 000 multiplied by the number of months during which subparagraph (7A) applies.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 For employees\u2019 tax purposes an appropriate portion of the cash equivalent referred to in subparagraph (2) shall be apportioned to each period during the year of assessment in respect of which any cash remuneration is paid or becomes payable by the employer to the employee.<\/span><\/p>\n

<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 Where the employee has been provided with residential accommodation by his employer or any associated institution in relation to the employer and such employee has an interest in the accommodation in question, as contemplated in subparagraph (10), and the accommodation has been let to the employer or to any associated institution in relation to the employer, the said rental shall for the purposes of this Act (excluding this subparagraph) be deemed not to have been received by or to have accrued to the employee or any connected person in relation to the employee.<\/span><\/p>\n

<\/p>\n

(10)\u00a0\u00a0 For the purposes of subparagraphs (3B) and (9), an employee shall be deemed to have an interest in accommodation if \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 such accommodation is owned by the employee or a connected person in relation to such employee;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any increase in the value of the accommodation in any manner whatsoever, whether directly or indirectly, accrues for the benefit of the employee or a connected person in relation to such employee; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 such employee or a connected person in relation to such employee, has a right to acquire the accommodation from his employer.<\/span><\/p>\n","post_title":"Sub-paragraphs 2, 3, 4, 3A, 3B, 4, 5, 6, 7, 7A, 7B, 8, 9, 10 of Paragraph 9","collection_order":1149,"collection":597,"post_modified":"2024-01-13 21:23:43","post_date":"2015-10-15 12:13:25"},{"ID":"2103","post_content":"

10. \u00a0 \u00a0 FREE OR CHEAP SERVICES<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The cash equivalent of the value of any taxable benefit derived from the rendering of a service to any employee as contemplated in paragraph 2<\/a>(e) shall be \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of any travel facility granted by any employer who is engaged in the business of conveying passengers for reward by sea or by air to enable any employee or any relative of such employee to travel to any destination outside the Republic for his or her private or domestic purposes, an amount equal to the lowest fare payable by a passenger utilising such facility (had he or she paid the full fare), less the amount of any consideration given by the employee or his or her relative in respect of such facility: Provided that for the purposes hereof a forward journey and a return journey shall be regarded as one journey; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of the rendering of any other service as contemplated in the said paragraph, the cost to the employer in rendering such service or having such service rendered, less the amount of any consideration given by the employee in respect of such service.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 No value shall be placed under this paragraph on \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any travel facility granted by any employer who is engaged in the business of conveying passengers for reward by land, sea or air to enable any employee in his employment or such employee\u2019s spouse or minor child to travel \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 to any destination in the Republic or to travel overland to any destination outside the Republic; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 to any destination outside the Republic if such travel was undertaken on a flight or voyage made in the ordinary course of the employer\u2019s business and such employee, spouse or minor child was not permitted to make a firm advance reservation of the seat or berth occupied by him or her;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any transport service rendered by any employer to his employees in general for the conveyance of such employees from their homes to the place of their employment and vice versa;<\/span><\/p>\n

<\/p>\n

(bA)\u00a0 any communication service provided to an employee if the service is used mainly for the purposes of the employer\u2019s business;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any services rendered by an employer to his employees at their place of work for the better performance of their duties or as a benefit to be enjoyed by them at that place or for recreational purposes at that place or a place of recreation provided by the employer for the use of his employees in general\u037e<\/span><\/p>\n

[Item (c) amended by section 42(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0any travel facility granted by an employer to the spouse or any minor child of an employee if-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that employee is for the duration of the term of his or her employment stationed for purposes of the business of that employer at a specific place in the Republic further than 250 kilometers away from his or her usual place of residence in the Republic\u037e<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that employee is required to spend more than 183 days during the relevant year of assessment at that specific place for purposes of the business of that employer\u037e and<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 that facility is granted in respect of travel between that employee\u2019s usual place of residence in the Republic and that specific place where the employee is so stationed\u037e or<\/span><\/p>\n

[Item (d) deleted by section 36 of Act 30 of 2002, added by section 58 of Act 31 of 2005, substituted by section 69(1) of Act 35 of 2007 and amended by section 42(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0any services granted by an employer to an employee for long service as defined in paragraph 5<\/a>(4) to the extent that it does not exceed R5 000: Provided that the aggregate value of an amount determined under this paragraph together with all amounts determined under paragraph (vii) of the proviso to paragraph (c) of the definition of \u201cgross income\u201d in section 1<\/a> and paragraphs 5<\/a>(2)(b) and 6<\/a>(4)(d) of the Seventh Schedule<\/a> does not exceed R5 000.<\/span><\/p>\n

[Item (e) added by section 42(1) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Paragraph 10 (Seventh Schedule) - Free or cheap services","collection_order":1150,"collection":597,"post_modified":"2023-01-22 22:08:05","post_date":"2015-10-15 12:13:25"},{"ID":"2115","post_content":"

10A. \u00a0 \u00a0 [RESIDENTIAL ACCOMODATION \u2013 OTHER TERMS]<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

(1) \u00a0 \u00a0 Where \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any employee has been granted the right to occupy residential accommodation owned by his employer or by any associated institution in relation to his employer;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the employee, his spouse or minor child is in terms of an agreement entered into with such employer or associated institution, entitled or obliged to acquire such residential accommodation at a future date at a price stated in such agreement; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the employee is required to pay in respect of his occupation of such residential accommodation a rental which is calculated wholly or partly as a percentage of the price referred to in item (b),<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

it shall be deemed for the purposes of this Schedule that the employer or, where the residential accommodation is owned by such associated institution, the associated institution, has granted to the employee a loan equal to the price referred to in item (b) and that interest is payable on such loan at a rate equal to the percentage referred to in item (c).<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The provisions of paragraph 2<\/a>(d) shall not apply to any residential accommodation with which an employee has been provided in the circumstances contemplated in subparagraph (1), and the provisions of paragraph 2<\/a>(a) shall not apply where any such residential accommodation is acquired by the employee in terms of an agreement referred to in item (b) of that subparagraph at a price which is not lower than the market value of such residential accommodation on the date such agreement is concluded.<\/span><\/p>\n","post_title":"Paragraph 10A (Seventh Schedule) - Residential accommodation - other terms","collection_order":1151,"collection":597,"post_modified":"2017-01-14 18:46:40","post_date":"2015-07-28 08:55:48"},{"ID":"2118","post_content":"

11.\u00a0\u00a0\u00a0\u00a0\u00a0BENEFITS IN RESPECT OF INTEREST ON DEBT<\/span><\/strong><\/p>\n

[Heading of paragraph 11 substituted by section 98 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The cash equivalent of the value of the taxable benefit derived in consequence of the debt owed by an employee in the circumstances contemplated in paragraph 2(<\/a>f) shall be the amount of interest that would have been payable on the amount owing in respect of the debt in respect of the year of assessment if the employee had been obliged to pay interest on such amount during such year at the official rate of interest, less the amount of interest (if any) actually incurred by the employee in respect of the debt in respect of such year.<\/span><\/p>\n

[Subparagraph (1) amended by section 33 of Act 96 of 1985 and substituted by section 48 of Act 21 of 1995 and section 98 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(2) \u00a0 \u00a0 For the purposes of this Act \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a portion of the said cash equivalent shall be deemed to have accrued to the employee \u2013<\/em><\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where interest in respect of the debt in question becomes payable by the employee at regular intervals, on each date during the year of assessment on which interest becomes so payable for a portion of such year;<\/span><\/p>\n

[Item (i) substituted by section 98 of Act 25 of 2015 effecive on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where interest in respect of the debt in question becomes payable by the employee at irregular intervals or where interest on the loan is not payable by him or her, on the last day of each period during the year of assessment in respect of which any cash remuneration becomes payable by the employer to the employee; and<\/span><\/p>\n

[Item (ii) substituted by section 98 of Act 25 of 2015 effective on 8 January 2016]\u00a0<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the said portion shall be determined by calculating interest at the official rate of interest for the portion of the year referred to in subparagraph (2)(a)(i) or the period referred to in subparagraph (2)(a)(ii), as the case may be, and deducting therefrom so much of the amount of interest (if any) payable by him or her on the debt\u00a0 as relates to the said portion of a year or the said period, as the case may be : Provided that where the official rate of interest has been altered with effect from any date, any cash equivalent which is under item (a) deemed to have accrued to the employee on any date falling before the date on which such interest rate was so altered shall be determined as though such rate of interest had not been so altered.<\/span><\/p>\n

[Words preceding the proviso substituted by section 98 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0A different method of calculation of the said cash equivalent or portions thereof may be employed if the Commissioner decides, on application by the taxpayer, that such method achieves substantially the same result as the methods provided in subparagraphs (1) and (2).<\/span><\/p>\n

[Subparagraph (3) substituted by section 98 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 No value shall be placed under this paragraph on the taxable benefit derived in consequence of \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a debt owed by any employee to his or her employer if such debt or the aggregate of such debts does not exceed the sum of R3 000 at any relevant time; or<\/span><\/p>\n

[Item (a) amended by section 2 of Act 8 of 2007 and section 1 of Act 3 of 2008 and substituted by section 98 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the debt owed to any employer by an employee incurred for the purpose of enabling that employee to further his or her own studies;<\/span><\/p>\n

[Item (b) substituted by section 98 of Act 25 of 2015 effective on 8 January 2016 and amended by\u00a0section 70 of Act 23 of 2018 effective on 1 March 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0a debt owed to his or her employer in consequence of a loan by that employer to that employee as does not exceed the amount of R450 000 if-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the debt was assumed for the purposes of acquiring immovable property used for residential purposes by the employee;<\/span><\/span><\/p>\n

[Sub-item\u00a0(i)\u00a0substituted by\u00a0section 44\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the market value of the immovable property acquired does not exceed R450 000 in relation to the year of assessment during which the property is acquired;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0the remuneration proxy of the employee does not exceed R250 000 in relation to the year of assessment during which the loan is granted; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0the employee is not a connected person in relation to the employer.<\/span><\/p>\n

[Paragraph (c) added by section 70 of Act 23 of 2018 effective on 1 March 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where any amount, being the cash equivalent as determined under the provisions of this paragraph, of the value of a taxable benefit derived by any taxpayer in consequence of a debt owed by him or her, has been included in such taxpayer\u2019s taxable income in any year of assessment, such amount shall for the purposes of section 11<\/a>(a) of this Act be deemed to be interest actually incurred by him or her in that year of assessment in respect of the said debt where such amount, had it been actually incurred as interest, would have been incurred by the taxpayer in the production of his or her income.<\/span><\/p>\n

[Subparagraph (5) substituted by section 98 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Paragraph 11 (Seventh Schedule) - Benefits in respect of interest on debt","collection_order":1152,"collection":597,"post_modified":"2022-03-05 22:41:38","post_date":"2015-10-15 12:13:25"},{"ID":"2120","post_content":"

12. \u00a0 \u00a0 SUBSIDIES IN RESPECT OF DEBT<\/span><\/strong><\/p>\n

\u00a0<\/strong>[Heading of paragraph 12 substituted by section 34 of Act 96 of 1985 and section 99 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/strong><\/p>\n

The cash equivalent of the value of the taxable benefit consisting of any subsidy in respect of the amounts of interest or capital repayments referred to in paragraph 2<\/a>(g) or any subsidy contemplated in paragraph 2<\/a>(gA) shall be the amount of such subsidy.<\/p>\n","post_title":"Paragraph 12 (Seventh Schedule) - Subsidies in respect of debt","collection_order":1153,"collection":597,"post_modified":"2017-12-09 19:01:41","post_date":"2015-10-15 12:13:25"},{"ID":"2122","post_content":"

12A. \u00a0 \u00a0 CONTRIBUTION TO BENEFIT FUND<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The cash equivalent of the value of the taxable benefit contemplated in paragraph 2<\/a>(i) is the amount of any contribution or payment made by the employer in respect of a year of assessment, directly or indirectly, to any medical scheme registered under the Medical Schemes Act or to any fund which is registered under any similar provision contained in the laws of any other country where the medical scheme is registered, for the benefit of any employee or dependants, as defined in that Act, of that employee.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where any contribution or payment made by an employer contemplated in subparagraph (1) is made in such a manner that an appropriate portion thereof cannot be attributed to the relevant employee or his or her dependants, the amount of that contribution or payment in relation to that employee and his or her dependants is deemed, for purposes of subparagraph (1), to be an amount equal to the total contribution or payment by the employer to the fund during the relevant period for the benefit of all employees and their dependants divided by the number of employees in respect of whom the contribution or payment is made.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 If the apportionment of the contribution or payment amongst all employees in accordance with subparagraph (2) does not reasonably represent a fair apportionment of that contribution or payment amongst the employees, the Commissioner may, on application by the taxpayer, decide that the apportionment be made in such other manner as is fair and reasonable.<\/span><\/p>\n

[Subparagraph (3) substituted by section 59 of Act 31 of 2005 and section 100 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 No value shall be placed in terms of this paragraph on the taxable benefit derived from an employer by \u2013<\/em><\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a person who by reason of superannuation, ill\u2013<\/em>health or other infirmity retired from the employ of such employer; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the dependants of a person after such person\u2019s death, if such person was in the employ of such employer on the date of death; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the dependants of a person after such person\u2019s death, if such person retired from the employ of such employer by reason of superannuation, ill\u2013<\/em>health or other infirmity.<\/span><\/p>\n","post_title":"Paragraph 12A (Seventh Schedule) - Contribution to benefit fund","collection_order":1154,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:25"},{"ID":"2124","post_content":"

12B. \u00a0 \u00a0 INCURRAL OF COSTS RELATING TO MEDICAL SERVICES<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The cash equivalent of the value of the taxable benefit contemplated in paragraph 2<\/a>(j) is the amount incurred by the employer during any month, directly or indirectly, in respect of any medical, denial and similar services, hospital services, nursing services or medicines in respect of that employee, his or her spouse, child or other relative or dependants.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where the payment of any amount contemplated in subparagraph (1) is made in such a manner that an appropriate portion thereof cannot be attributed to the relevant employee and his or her spouse, children, relatives and dependants, the amount of that payment in relation to that employee and his or her spouse, children, relatives and dependants is for purposes of subparagraph (1), deemed to be an amount equal to the total amount incurred by the employer during the relevant period in respect of all medical, dental and similar services, hospital services, nursing services or medicines for the benefit of all employees and their spouses, children, relatives and dependants divided by the number of employees who are entitled to make use of those services.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 No value must be placed in terms of this paragraph on any taxable benefit \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 resulting from the provision of medical treatment listed in any category of the prescribed minimum benefits determined by the Minister of Health in terms of section 67(1)(g) of the Medical Schemes Act which is provided to the employee or his or her spouse or children in terms of a scheme or programme of that employer \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 which constitutes the carrying on of the business of a medical scheme if that scheme or programme has been approved by the Registrar of Medical Schemes as being exempt from complying with the requirements of medical schemes in terms of that Act; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 which does not constitute the carrying on of the business of a medical scheme, if that employee and his or her spouse and children \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 are not beneficiaries of a medical scheme registered under the Medical Schemes Act; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 are beneficiaries of such a medical scheme, and the total cost of that treatment is recovered from that medical scheme;<\/span><\/p>\n

<\/p>\n

(aA)\u00a0\u00a0 where the services are rendered or the medicines are supplied for purposes of complying with any law of the Republic;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 derived from an employer by<\/span> \u2013<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a person who by reason of superannuation, ill-health or other infirmity retired from the employ of that employer;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the dependants of a person after that person\u2019s death, if that person was in the employ of that employer on the date of death;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the dependants of a person after that person\u2019s death, if that person retired from the employ of that employer by reason of superannuation, ill-health or other infirmity; or<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 a person who during the relevant year of assessment is entitled to a rebate under section 6<\/a>(2)(b); or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 where the services are rendered by the employer to its employees in general at their place of work for the better performance of their duties.<\/span><\/p>\n","post_title":"Paragraph 12B (Seventh Schedule) - Incurral of costs relating to medical services","collection_order":1155,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:25"},{"ID":"2126","post_content":"

12C. \u00a0 \u00a0 BENEFITS IN RESPECT OF INSURANCE POLICIES<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0 \u00a0 The cash equivalent of the value of a taxable benefit deemed to have been granted as contemplated in paragraph 2(k) is the amount of any expenditure incurred by an employer during a year of assessment in respect of any premiums payable under a policy of insurance directly or indirectly for the benefit of an employee or his or her spouse, child, dependant or nominee.<\/span><\/p>\n

<\/p>\n

(2) \u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/p>\n

[Sub-paragraph (2)\u00a0deleted by\u00a0section\u00a0124(1)\u00a0of\u00a0Act\u00a031 of 2013\u00a0effective on 1\u00a0March, 2015 and applicable in respect of premiums paid on or after that date]<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 Where an appropriate portion of any expenditure contemplated in subparagraph (1) cannot be attributed to the employee for whose benefit the premium is paid, the amount of that expenditure in relation to that employee is deemed, for the purposes of subparagraph (1), to be an amount equal to the total expenditure incurred by the employer during that year of assessment for the benefit of all employees divided by the number of employees in respect of whom the expenditure is incurred.<\/span><\/p>\n","post_title":"Paragraph 12C (Seventh Schedule) - Benefits in respect of insurance policies","collection_order":1156,"collection":597,"post_modified":"2021-03-29 19:12:58","post_date":"2015-10-15 12:13:25"},{"ID":"11371","post_content":"

12D.\u00a0\u00a0\u00a0 Valuation of contributions made by employers to certain retirement funds<\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph-<\/p>\n","post_title":"Paragraph 12D (Seventh Schedule) - Valuation of contributions made by employers to certain retirement funds","collection_order":1157,"collection":597,"post_modified":"2017-07-01 20:41:01","post_date":"2017-06-15 14:19:28"},{"ID":"11373","post_content":"

\u2018benefit\u2019<\/strong> in relation to an employee that is a member of a pension fund, provident fund or retirement annuity fund, means any amount payable to that member or a dependant or nominee of that member by that fund in terms of the rules of the fund;<\/p>\n","post_title":"\"Benefit\" definition of paragraph 12D of Seventh Schedule","collection_order":1158,"collection":597,"post_modified":"2022-02-05 22:46:39","post_date":"2017-06-15 14:21:26"},{"ID":"11375","post_content":"

\u2018contribution certificate\u2019<\/strong> means the certificate contemplated in subparagraph (4);<\/p>\n","post_title":"\"Contribution certificate\" definition of paragraph 12D of Seventh Schedule","collection_order":1159,"collection":597,"post_modified":"2022-02-05 22:46:34","post_date":"2017-06-15 14:23:40"},{"ID":"11378","post_content":"

\u2018defined benefit component\u2019<\/strong> means a benefit or part of a benefit receivable from a pension fund, provident fund or retirement annuity fund by a member of that fund or a dependant or nominee of that member other than a defined contribution component or underpin component of a fund;<\/p>\n","post_title":"\"Defined benefit component\" definition of paragraph 12D of Seventh Schedule","collection_order":1160,"collection":597,"post_modified":"2022-02-05 22:46:29","post_date":"2017-06-15 14:25:30"},{"ID":"11380","post_content":"

\u2018defined contribution component\u2019<\/strong> means a benefit or part of a benefit receivable from a pension fund, provident fund or retirement annuity fund-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where the interest of each member in the fund in respect of that benefit has a value equal to the value of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the contributions paid by the member and by the employer in terms of the rules of the fund that determine the rates of both their contributions at a fixed rate;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 less such expenses as the board of that fund determines should be deducted from the contributions paid;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 plus any amount credited to the member\u2019s individual account upon-<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0 the commencement of the member\u2019s membership of the fund;<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0 the conversion of the component of the fund to which the member belongs from a defined benefit component to a defined contribution component; or<\/span><\/p>\n

<\/p>\n

(C)\u00a0\u00a0\u00a0 the amalgamation of that fund with any other fund, if any, other than amounts taken into account in terms of subparagraph (iv);<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 plus any other amounts lawfully permitted, credited to or debited from the member\u2019s individual account, if any,<\/span><\/p>\n

<\/p>\n

as increased or decreased by fund return; or<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0which consists of a risk benefit provided by the fund directly or indirectly for the benefit of a member of the fund if the risk benefit is provided by means of a policy of insurance or a risk benefit policy\u037e<\/span><\/p>\n

[Paragraph (b) substituted by section 43(1)(a) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Defined contribution component\" definition of paragraph 12D of Seventh Schedule","collection_order":1161,"collection":597,"post_modified":"2023-01-22 22:08:22","post_date":"2017-06-15 14:26:57"},{"ID":"11382","post_content":"

\u2018fund member category\u2019<\/strong> in relation to members of a pension fund, provident fund or retirement annuity fund, means any group of members in respect of whom, in terms of the rules of the fund-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the employers of those members and those members must respectively make a contribution to that fund in an amount in respect of retirement funding income at the same fixed rate; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the determination of the value of the benefits of the members referred to in paragraph (a) and the determination of the entitlement of those members to those benefits are made according to the same method;<\/span><\/p>\n","post_title":"\"Fund member category\" definition of paragraph 12D of Seventh Schedule","collection_order":1162,"collection":597,"post_modified":"2022-02-05 22:47:14","post_date":"2017-06-15 14:27:57"},{"ID":"11384","post_content":"

\u2018fund member category factor\u2019<\/strong> means the fund member category factor contemplated in subparagraph (5)(a);<\/p>\n

[Definition of \u201cfund member category factor\u201d substituted by section 69 of Act 17 of 2017 effective on 1 March 2016]<\/span><\/p>\n","post_title":"\"Fund member category factor\" definition of paragraph 12D of Seventh Schedule","collection_order":1163,"collection":597,"post_modified":"2022-02-05 22:47:26","post_date":"2017-06-15 14:29:03"},{"ID":"11386","post_content":"

\u2018fund return\u2019<\/strong>, in relation to-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the assets of a fund, means any income (received or accrued) and capital gains and losses (realised or unrealised) earned on the assets of the fund, net of expenses and tax charges, associated with the acquisition, holding or disposal of assets; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any portion of the assets of a fund if the assets are separately identifiable, means any income (received or accrued) and capital gains and losses (realised or unrealised) earned on those assets, net of expenses and tax charges associated with the acquisition, holding or disposal of assets; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the assets of a fund, to the extent that those assets consist of long-term policies which are \u201cfund member policies\u201d as defined in Part 5 of the Regulations under the Long-term Insurance Act means the \u201cgrowth rate\u201d (as defined in those Regulations) applicable to those policies, as determined in accordance with those Regulations;<\/span><\/p>\n","post_title":"\"Fund return\" definition of paragraph 12D of Seventh Schedule","collection_order":1164,"collection":597,"post_modified":"2022-02-05 22:47:18","post_date":"2017-06-15 14:30:03"},{"ID":"11388","post_content":"

\u2018member\u2019<\/strong> means in relation to a pension, provident or retirement annuity fund, any member or former member of that fund but does not include any member or former member or person who has received all the benefits which may be due to them from the fund and whose membership has thereafter been terminated in accordance with rules of the fund;<\/p>\n","post_title":"\"Member\" definition of paragraph 12D of Seventh Schedule","collection_order":1165,"collection":597,"post_modified":"2022-02-05 22:47:10","post_date":"2017-06-15 14:30:49"},{"ID":"11390","post_content":"

\u2018retirement-funding income\u2019<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in relation to any employee or the holder of an office (including a member of a body of persons whether or not established by or in terms of any law) who in respect of his or her employment derives any income constituting remuneration as defined in\u00a0paragraph 1<\/a>\u00a0of the Fourth Schedule<\/a> and who is a member of or, as an employee, contributes to a pension fund or provident fund established for the benefit of employees of the employer, from whom such income is derived, the income that is taken into account in the determination of the contributions made by the employer or the pension fund or provident fund for the benefit of the employee to such pension fund or provident fund in terms of the rules of the fund; or<\/span><\/p>\n

[Paragraph (a) substituted by section 69(a) of Act 15 of 2016 effective on 1 March 2016, applies in respect contributions made on or after that date, and section 69(b) of Act 15 of 2016 effective on 1 March 2017, applies in respect contributions made on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in relation to a partner in a partnership (other than a partner contemplated in paragraph (a)) that part of the partner\u2019s income from the partnership in the form of the partner\u2019s share of profits as is taken into account in the determination of the contributions made by the partnership for the benefit of the partner to a pension fund or provident fund in terms of the rules of the fund: Provided that for the purposes of this definition a partner in a partnership must be deemed to be an employee of the partnership and a partnership must be deemed to be the employer of the partners in that partnership;<\/span><\/p>\n","post_title":"\"Retirement-funding income\" definition of paragraph 12D of Seventh Schedule","collection_order":1166,"collection":597,"post_modified":"2022-02-05 22:47:06","post_date":"2017-06-15 14:31:53"},{"ID":"11392","post_content":"

\u201crisk benefit\u201d <\/strong>means a benefit payable by the fund in respect of the death or permanent disablement of a member to that member or to a dependant or nominee of that member\u037e<\/p>\n

[Definition of \u201crisk benefit\u201d amended by section 43(1)(b) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Risk benefit\" definition of paragraph 12D of Seventh Schedule","collection_order":1167,"collection":597,"post_modified":"2023-01-22 22:08:33","post_date":"2017-06-15 14:33:01"},{"ID":"23559","post_content":"

\u201crisk benefit policy\u201d <\/strong>means a policy under which the risk benefit provided by the fund directly or indirectly for the benefit of a member of the fund is provided by means other than a policy of insurance\u037e<\/p>\n

[Definition of \u201crisk benefit policy\u201d inserted by section 43(1)(b) of Act 20 of 2021 effective on 1 March, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Risk benefit policy\" definition of paragraph 12D of Seventh Schedule","collection_order":1168,"collection":597,"post_modified":"2023-01-22 22:08:40","post_date":"2022-03-05 22:46:34"},{"ID":"11394","post_content":"

\u2018underpin component\u2019<\/strong> means a benefit receivable from a pension fund, provident fund or retirement annuity fund the value of which benefit, in terms of the rules of the fund, is the greater of the amount of a defined contribution component or a defined benefit component other than a risk benefit.<\/p>\n","post_title":"\"Underpin component\" definition of paragraph 12D of Seventh Schedule","collection_order":1169,"collection":597,"post_modified":"2022-02-05 22:46:58","post_date":"2017-06-15 14:33:51"},{"ID":"11396","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0The cash equivalent of the value of the taxable benefit contemplated in paragraph 2<\/a>(l), where the benefits payable to members in respect of a fund member category of a pension, provident or retirement annuity fund consists solely of defined contribution components, is the value of the amount contributed by the employer for the benefit of an employee who is a member of that fund.<\/span><\/p>\n

[Subparagraph (2) substituted by section 69 of Act 17 of 2017 effective on 1 March 2016]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0Where the taxable benefits payable to members in respect of a fund member category of a pension, provident or retirement annuity fund consists of components other than only defined contribution components, the cash equivalent of the value of the taxable benefit contemplated in paragraph 2<\/a>(l) is an amount that must be determined in accordance with the formula:<\/span><\/p>\n

[Words preceding the formula substituted by section 69 of Act 17 of 2017 effective on 1 March 2016]<\/span><\/p>\n

<\/p>\n

X = (A x B) \u2013 C<\/p>\n

<\/p>\n

in which formula-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2018X\u2019 represents the amount to be determined;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2018A\u2019 represents the fund member category factor in respect of the fund member category of which the employee is a member;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2018B\u2019 represents the amount of the retirement funding income of the employee;<\/span><\/p>\n

[Paragraph (c) substituted by section 101 of Act 25 of 2015 effective on 1 March 2016]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2018C\u2019 represents the sum of the amounts contributed by the employee to the fund in terms of the rules of the fund, excluding any additional voluntary contributions contributed to the fund by the employee, and buyback, in respect of that year of assessment.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0The board of a fund must provide to the employer of the employees who are members of a fund a contribution certificate in respect of the benefit contemplated in subparagraph (3)-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0no later than one month before the commencement of the year of assessment in respect of which the contribution certificate is issued: Provided that the board of the fund must not provide a contribution certificate in respect of any year of assessment in respect of which those benefits remain unaltered subsequent to the issue of that contribution certificate;<\/span><\/p>\n

[Item (a) amended by section 71 of Act 23 of 2018 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the rules of the fund are amended and those amendments or for any reason affect the value of or entitlement to any benefit payable to a member of that fund or a dependant or nominee of that member, the contribution certificate must be supplied to the employer no later than one month after the day on which those amendments become effective;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0where an error occurred in calculating the fund member category factor contemplated in subparagraph (5)(a), a corrected contribution certificate must be supplied to the employer and that corrected certificate will have effect from the first day of the month following the month during which that corrected certificate was received; or<\/span><\/p>\n

[Item (c) added by section 71 of Act 23 of 2018 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0where the fund member category factor changed during the year of assessment, the contribution certificate must be supplied to the employer no later than one month after the day on which those changes become effective.<\/span><\/p>\n

[Item (d) added by section 71 of Act 23 of 2018 effective on 1 March 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Minister must make regulations prescribing-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the manner in which a fund must determine all fund member category factors; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the information that the contribution certificate contemplated in subparagraph (4) must contain.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0No value must be placed in terms of this paragraph on the taxable benefit derived from any contribution made by an employer to a fund-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 for the benefit of a member of that fund who has retired from that fund; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in respect of the dependants or nominees of a deceased member of that fund.<\/span><\/p>\n

[Paragraph 12D inserted by section 125 of Act 31 of 2013 effective on 1 March 2016 \u2013 comes into operation in terms of section 125 of Act 31 of 2013 as substituted by section 131 of Act 43 of 2014, substituted by section 77 of Act 43 of 2014 effective on 1 March 2016]<\/span><\/p>\n","post_title":"Sub-paragraphs 2, 3, 4 and 5 of paragraph 12D of Seventh Schedule","collection_order":1170,"collection":597,"post_modified":"2021-04-06 14:53:40","post_date":"2017-06-15 14:35:16"},{"ID":"18770","post_content":"

12E.\u00a0\u00a0Contribution to bargaining council<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0The cash equivalent of the value of the taxable benefit contemplated in paragraph 2<\/a>(m) is the amount of any contribution or payment made by the employer in respect of a year of assessment, directly or indirectly, to any bargaining council that is established in terms of\u00a0section 27\u00a0of the Labour Relations Act, 1995 (Act No. 66 of 1995), in respect of a scheme or fund as contemplated in\u00a0section 28(1)(g) of that Act.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Where an appropriate portion of any expenditure contemplated in subparagraph (1) cannot be attributed to the employee for whose benefit the amount is paid, the amount of that expenditure in relation to that employee is deemed, for the purposes of subparagraph (1), to be an amount equal to the total expenditure incurred by the employer during that year of assessment for the benefit of all employees divided by the number of employees in respect of whom the expenditure is incurred.<\/span><\/p>\n

[Paragraph 12E inserted by section 72 of Act 23 of 2018 effective on 1 March 2019, applies in respect of years of assessment commencing on or after that date.]<\/span><\/p>\n","post_title":"Paragraph 12E (Seventh Schedule) - Contribution to bargaining council","collection_order":1171,"collection":597,"post_modified":"2020-05-27 19:59:48","post_date":"2019-03-02 21:49:12"},{"ID":"2128","post_content":"

13. \u00a0 \u00a0 PAYMENT OF EMPLOYEE\u2019S DEBT OR RELEASE OF EMPLOYEE FROM OBLIGATION TO PAY A DEBT<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 The cash equivalent of the value of the taxable benefit derived by reason of the payment of any amount by an employer in the circumstances contemplated in paragraph 2<\/a>(h) shall be an amount equal to such amount and the cash equivalent of the benefit to an employee by reason of his release from the obligation to pay an amount owing, as contemplated in the said paragraph, shall be an amount equal to the amount that was owing.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 No value shall be placed under this paragraph on the value of any taxable benefit derived by reason of the fact that an employer has paid-<\/span><\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 \u2026\u2026\u2026..<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 subscriptions due by his or her employee to a professional body, if membership of such body is a condition of the employee\u2019s employment;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(bA)\u00a0 insurance premiums indemnifying an employee solely against claims arising from negligent acts or omissions on the part of the employee in rendering services to the employer; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any portion of the value of a benefit which is payable by a former member of a non-statutory force or service as defined in the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996), to the Government Employees\u2019 Pension Fund as contemplated in Rule 10(6)(d) or (e) of the Rules of the Government Employees Pension Fund contained in Schedule 1 to that Proclamation.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where \u2013<\/em><\/span><\/p>\n

<\/em><\/span>\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in consideration for the grant by any employer (hereinafter referred to as the former employer) to an employee of any bursary, study loan or similar assistance, the employee assumed an obligation to render services to the former employer for an agreed period;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in consequence of the employee having terminated his services with the former employer before the expiry of the said period and having taken up employment with another employer (hereinafter referred to as the present employer), the employee thereupon became liable to pay an amount to the former employer;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 such amount was paid to the former employer on the employee\u2019s behalf by the present employer; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the employee has in consideration for such payment by the present employer assumed an obligation to render services to the present employer for a period which is not shorter than the unexpired portion of the period during which he had been obliged to render services to the former employer,<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

no value shall be placed under this paragraph on the value of any taxable benefit derived by reason of the payment referred to in item (c).<\/p>\n

\u00a0<\/p>\n

14. \u00a0 \u00a0 \u2026\u2026\u2026..<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

15. \u00a0 \u00a0 .\u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Paragraph 13 (Seventh Schedule) - Payment of employees' debt or release of employee from obligation to pay a debt","collection_order":1172,"collection":597,"post_modified":"2017-01-14 18:46:35","post_date":"2015-10-15 12:13:25"},{"ID":"2130","post_content":"

16. \u00a0 \u00a0 BENEFITS GRANTED TO RELATIVES OF EMPLOYEES AND OTHERS<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this Schedule and of paragraph (i) of the definition of \u201cgross income\u201d in section 1<\/a> of this Act, an employee shall be deemed to have been granted a taxable benefit in respect of his employment with an employer if as a benefit or advantage of or by virtue of the employee\u2019s employment with the employer or as a reward for services rendered or to be rendered by the employee \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the employer has granted a benefit or advantage (whether directly or indirectly) to a relative of the employee, other than a benefit or advantage in respect of which paragraph 10(2)(d) applies; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 anything is done by the employer under any agreement, transaction or arrangement so as to confer any benefit or advantage upon any person other than the employee (whether directly or indirectly),<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

and such benefit or advantage, if it had been granted directly by the employer to the employee, would have constituted a taxable benefit contemplated in paragraph 2<\/a>.<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The provisions of this Schedule shall apply in relation to the taxable benefit so deemed to have been granted as though the taxable benefit had in fact been granted to the employee.<\/span><\/p>\n","post_title":"Paragraph 16 (Seventh Schedule) - Benefits granted to relatives of employees and others","collection_order":1173,"collection":597,"post_modified":"2017-01-14 18:46:37","post_date":"2015-10-15 12:13:25"},{"ID":"2132","post_content":"

17. \u00a0 \u00a0 CERTIFICATES BY EMPLOYERS<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Every employer shall, within 30 days after the end of any year or period of assessment during which an employee of that employer has enjoyed any taxable benefit granted by the employer, or, in any particular case, within such further period as the Commissioner may approve, deliver to such employee a certificate which shall show the nature of such taxable benefit and the full cash equivalent of the value thereof during such year or period.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The provisions of subparagraph (1) shall also apply in respect of any taxable benefit referred to in paragraph 4<\/a> or 16<\/a>.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Such employer shall within the said period of 30 days or the said further period, deliver to the Commissioner a copy of such certificate.<\/span><\/p>\n

<\/p>\n

(4) \u00a0\u00a0\u00a0\u00a0\u00a0. . . . . .<\/span><\/span><\/p>\n

[Subparagraph\u00a0(4)\u00a0amended by\u00a0section\u00a0271\u00a0read with\u00a0paragraph 104(a)\u00a0of Schedule\u00a01\u00a0of\u00a0Act\u00a028 of 2011\u00a0and repealed by\u00a0section\u00a010\u00a0of\u00a0Act\u00a021 of 2021]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 The preceding provisions of this paragraph shall not apply where the cash equivalent of such taxable benefit constituted remuneration in the hands of the employee concerned from which employees tax was deducted or withheld by the employer and such cash equivalent has been included in an employees tax certificate delivered to the employee in terms of paragraph 13<\/a> of the Fourth Schedule<\/a>, except to the extent that such cash equivalent was understated in such certificate.<\/span><\/p>\n","post_title":"Paragraph 17 (Seventh Schedule) - Certificates by employers","collection_order":1174,"collection":597,"post_modified":"2022-02-12 20:40:33","post_date":"2015-10-15 12:13:25"},{"ID":"2134","post_content":"

18. \u00a0 \u00a0 ANNUAL STATEMENTS BY EMPLOYERS<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 Every employer shall on the return referred to in paragraph 14<\/a> of the Fourth Schedule<\/a> declare that all taxable benefits enjoyed by employees of such employer during the period in respect of which such return was furnished, are declared on the employees\u2019 tax certificates delivered to such employees or on any other return as may be required by the Commissioner.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Every such return shall, in the case of a company, be certified as correct by a director of such company.<\/span><\/p>\n

\u00a0<\/p>\n

19.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/strong><\/p>\n","post_title":"Paragraph 18 (Seventh Schedule) - Annual statements by employers","collection_order":1175,"collection":597,"post_modified":"2017-01-14 18:46:38","post_date":"2015-10-15 12:13:25"},{"ID":"2136","post_content":"

20.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 AMENDMENTS TO THIS SCHEDULE<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The Minister of Finance may by notice in the Gazette<\/em> amend \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the provisions of paragraph 5<\/a>(2) so as to vary the amount specified therein;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the provisions of paragraph 7<\/a>(4) so as to substitute a different scale for the scale specified therein and so as to vary the amounts specified in the proviso thereto;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the provisions of paragraph 7<\/a>(7) so as to vary the distance in kilometres specified therein;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the provisions of paragraph 9<\/a>(3)(a) so as to vary the amount and quantities specified therein;<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 the provisions of paragraph 10<\/a>(1)(a) so as to vary the amount specified therein;<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the provisions of paragraph 10<\/a>(2) so as to vary the amount specified therein; and<\/span><\/p>\n

\u00a0<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 the provisions of paragraph 11<\/a>(4)(a) so as to vary the amount specified therein.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Any amendment made in terms of subparagraph (1) which is in force immediately before the date of promulgation of the Act of Parliament fixing rates of normal tax for the said year of assessment shall, unless Parliament otherwise provides, lapse on that date, and in such case it shall as from that date cease to have the force of law.<\/span><\/p>\n","post_title":"Paragraph 20 (Seventh Schedule) - Amendments to this schedule","collection_order":1176,"collection":597,"post_modified":"2017-05-25 18:36:59","post_date":"2015-10-15 12:13:25"},{"ID":"2138","post_content":"

EIGHTH SCHEDULE<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

DETERMINATION OF TAXABLE CAPITAL GAINS AND ASSESSED CAPITAL LOSSES<\/strong><\/p>\n

(Section 26A<\/a> of this Act)<\/p>\n","post_title":"Eighth Schedule - Determination of taxable capital gains and assessed capital losses","collection_order":1177,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:25"},{"ID":"5082","post_content":"

Eighth Schedule Index<\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

PART I: GENERAL<\/strong><\/p>\n

<\/p>\n

Paragraph 1 \u2013 Definitions<\/a><\/p>\n

Paragraph 2 \u2013 Application<\/a><\/p>\n

<\/p>\n

PART II: TAXABLE CAPITAL GAINS AND ASSESSED CAPITAL LOSSES<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 3 \u2013 Capital gain<\/a><\/p>\n

Paragraph 4 \u2013 Capital loss<\/a><\/p>\n

Paragraph 5 \u2013 Annual exclusion<\/a><\/p>\n

Paragraph 6 \u2013 Aggregate capital gain<\/a><\/p>\n

Paragraph 7 \u2013 Aggregate capital loss<\/a><\/p>\n

Paragraph 8 \u2013 Net capital gain<\/a><\/p>\n

Paragraph 9 \u2013 Assessed capital loss<\/a><\/p>\n

Paragraph 10 \u2013 Taxable capital gain<\/a><\/p>\n

<\/p>\n

PART III: DISPOSAL AND ACQUISITION OF ASSETS<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 11 \u2013 Disposals<\/a><\/p>\n

Paragraph 12 \u2013 Events treated as disposals and acquisitions<\/a><\/p>\n

Paragraph 12A \u2013 Concession or compromise in respect of a debt\ufeff<\/a><\/span><\/p>\n

Paragraph 13 \u2013 Time of disposal<\/a><\/p>\n

Paragraph 14 \u2013 Disposal by spouse married in community of property<\/a><\/p>\n

<\/p>\n

PART IV: LIMITATION OF LOSSES<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 15 \u2013 Personal-use aircraft, boats and certain rights and interests<\/a><\/p>\n

Paragraph 16 \u2013 Intangible assets acquired prior to valuation date<\/a><\/p>\n

Paragraph 17 \u2013 Forfeited deposits<\/a><\/p>\n

Paragraph 18 \u2013 Disposal of options<\/a><\/p>\n

Paragraph 19 \u2013 Losses on the disposal of certain shares<\/a><\/p>\n

<\/p>\n

PART V: BASE COST<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 20 \u2013 Base cost of asset<\/a><\/p>\n

Paragraph 20A \u2013 <\/strong>Provisions relating to farming development expenditure<\/a><\/p>\n

Paragraph 21 \u2013 Limitation of expenditure<\/a><\/p>\n

Paragraph 22 \u2013 Amount of donations tax to be included in base cost<\/a><\/p>\n

Paragraph 23 \u2013 Base cost in respect of value shifting arrangement<\/a><\/p>\n

Paragraph 24 \u2013 Base cost of asset of a person who becomes a resident on or after valuation date<\/a><\/p>\n

Paragraph 25 \u2013 Determination of base cost of pre-valuation date assets<\/a><\/p>\n

Paragraph 26 \u2013 <\/strong>Valuation date value where proceeds exceed expenditure or where expenditure in respect of an asset cannot be determined<\/a><\/p>\n

Paragraph 27 \u2013 Valuation date value where proceeds do not exceed expenditure<\/a><\/p>\n

Paragraph 28 \u2013 Valuation date value of an instrument<\/a><\/p>\n

Paragraph 29 \u2013 Market value on valuation date<\/a><\/p>\n

Paragraph 30 \u2013 Time-apportionment base cost<\/a><\/p>\n

Paragraph 31 \u2013 Market value<\/a><\/p>\n

Paragraph 32 \u2013 Base cost of identical assets<\/a><\/p>\n

Paragraph 33 \u2013 Part-disposals<\/a><\/p>\n

Paragraph 34 \u2013 Debt substitution<\/a><\/p>\n

<\/p>\n

PART VI: PROCEEDS<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 35 \u2013 Proceeds from disposal<\/a><\/p>\n

Paragraph 35A \u2013 <\/strong>Disposal of certain debt claims<\/a><\/p>\n

Paragraph 36 \u2013 Disposal of partnership asset<\/a><\/p>\n

Paragraph 37 \u2013 Assets of trust and company<\/a><\/p>\n

Paragraph 37A \u2013 Closure rehabilitation company or trust<\/a><\/p>\n

Paragraph 37B \u2013 Deductions in respect of environmental expenditure<\/a><\/p>\n

Paragraph 37C \u2013 Deductions in respect of environmental conservation and maintenance<\/a><\/p>\n

Paragraph 37D \u2013 [Repealed]<\/p>\n

Paragraph 37E \u2013 [Repealed]<\/p>\n

Paragraph 37F \u2013 Determination of taxable income derived by persons previously assessable under certain other laws<\/a><\/p>\n

Paragraph 37G \u2013 Determination of taxable income derived from small business undertakings<\/a><\/p>\n

Paragraph 37H \u2013 Tax holiday scheme for certain companies<\/a><\/p>\n

Paragraph 38 \u2013 Disposal by way of donation, consideration not measurable in money and transactions between connected persons not at an arm\u2019s length price<\/a><\/p>\n

Paragraph 39 \u2013 Capital losses determined in respect of disposals to certain connected persons<\/a><\/p>\n

Paragraph 39A \u2013 Disposal of asset for unaccrued amounts of proceeds<\/a><\/p>\n

Paragraph 40 \u2013 Disposal to and from deceased estate<\/a><\/p>\n

Paragraph 41 \u2013 Tax payable by heir of a deceased estate<\/a><\/p>\n

Paragraph 42 \u2013 Short-term disposals and acquisitions of identical financial instruments<\/a><\/p>\n

Paragraph 42A \u2013 [Repealed]<\/p>\n

Paragraph 43 \u2013 Assets disposed of or acquired in foreign currency<\/a><\/p>\n

Paragraph 43A \u2013 Dividends treated as proceeds on disposal of certain shares<\/a><\/p>\n

Paragraph 43B \u2013 Base cost of assets of controlled foreign companies<\/a><\/p>\n

<\/p>\n

PART VII: PRIMARY RESIDENCE EXCLUSION<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 44 \u2013 Definitions<\/a><\/p>\n

Paragraph 45 \u2013 General principle<\/a><\/p>\n

Paragraph 46 \u2013 Size of residential property qualifying for exclusion<\/a><\/p>\n

Paragraph 47 \u2013 Apportionment in respect of periods where not ordinarily resident<\/a><\/p>\n

Paragraph 48 \u2013 Disposal and acquisition of primary residence<\/a><\/p>\n

Paragraph 49 \u2013 Non-residential use<\/a><\/p>\n

Paragraph 50 \u2013 Rental periods<\/a><\/p>\n

Paragraph 51 \u2013 Transfer of residence from company or trust<\/a><\/p>\n

Paragraph 51A \u2013 Disposal of residence by company or trust and liquidation, winding up, deregistration or revocation of company or trust<\/a><\/p>\n

<\/p>\n

PART VIII: OTHER EXCLUSIONS<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 52 \u2013 General principle<\/a><\/p>\n

Paragraph 53 \u2013 Personal-use assets<\/a><\/p>\n

Paragraph 54 \u2013 Retirement benefits<\/a><\/p>\n

Paragraph 55 \u2013 Long-term assurance<\/a><\/p>\n

Paragraph 56 \u2013 Disposal by creditor of debt owed by connected person<\/a><\/p>\n

Paragraph 57 \u2013 Disposal of small business assets<\/a><\/p>\n

Paragraph 57A \u2013 Disposal of micro business assets<\/a><\/p>\n

Paragraph 58 \u2013 Exercise of options<\/a><\/p>\n

Paragraph 59 \u2013 Compensation for personal injury, illness or defamation<\/a><\/p>\n

Paragraph 60 \u2013 Gambling, games and competitions<\/a><\/p>\n

Paragraph 61 \u2013 Portfolios of collective investment schemes other than portfolios of collective investment schemes in property<\/a><\/p>\n

Paragraph 62 \u2013 Donations and bequests to public benefit organisations and exempt persons<\/a><\/p>\n

Paragraph 63 \u2013 Exempt persons<\/a><\/p>\n

Paragraph 63A \u2013 Public benefit organisations<\/a><\/p>\n

Paragraph 63B \u2013 Small business funding entities<\/a><\/p>\n

Paragraph 64 \u2013 Asset used to produce exempt income<\/a><\/p>\n

Paragraph 64A \u2013 Awards in terms of\u00a0land\u00a0restitution\u00a0programmes\u00a0and\u00a0land\u00a0reform\u00a0measures<\/a><\/p>\n

Paragraph 64B \u2013 Disposal of equity shares in foreign companies\ufeff<\/a><\/span><\/p>\n

Paragraph 64C \u2013\u00a0Disposal of restricted equity instrument<\/a><\/p>\n

Paragraph 64D \u2013\u00a0Land donated in terms of land reform measures<\/a><\/p>\n

Paragraph 64E \u2013\u00a0Disposal by trust in terms of share incentive scheme<\/a><\/p>\n

<\/p>\n

PART IX: ROLL-OVERS<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 65 \u2013 Involuntary disposal<\/a><\/p>\n

Paragraph 65B \u2013 Disposal by recreational club<\/a><\/p>\n

Paragraph 66 \u2013 Reinvestment in replacement assets\ufeff<\/a><\/span><\/p>\n

Paragraph 67 \u2013 [Repealed]<\/a><\/p>\n

Paragraph 67A \u2013 [Repealed]<\/p>\n

Paragraph 67AB \u2013 [Repealed]<\/p>\n

Paragraph 67B \u2013 Disposal of immovable property by share block company<\/a><\/p>\n

Paragraph 67C \u2013 Mineral rights conversions and renewals<\/a><\/p>\n

Paragraph 67D \u2013 Communications licence conversions<\/a><\/p>\n

<\/p>\n

PART X: ATTRIBUTION OF CAPITAL GAINS<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 68 \u2013 Attribution of capital gain to spouse<\/a><\/p>\n

Paragraph 69 \u2013 Attribution of capital gain to parent of minor child<\/a><\/p>\n

Paragraph 70 \u2013 Attribution of capital gain subject to conditional vesting<\/a><\/p>\n

Paragraph 71 \u2013 Attribution of capital gain subject to revocable vesting<\/a><\/p>\n

Paragraph 72 \u2013 Attribution of capital gain and other amounts vesting in person that is not a resident<\/a><\/p>\n

Paragraph 73 \u2013 Attribution of income and capital gain<\/a><\/p>\n

<\/p>\n

PART XI: COMPANY DISTRIBUTIONS<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 74 \u2013 Definitions<\/a><\/p>\n

Paragraph 75 \u2013 Distributions in specie<\/em> by company<\/a><\/p>\n

Paragraph 76 \u2013 Returns of capital and foreign returns of capital by way of distributions of cash or assets in specie<\/a><\/p>\n

Paragraph 76A \u2013 Part-disposal of shares<\/a><\/p>\n

Paragraph 76B \u2013 Reduction in base cost of shares as result of distributions<\/a><\/p>\n

Paragraph 77 \u2013 Distributions in liquidation or deregistration received by holders\u00a0of\u00a0shares<\/a><\/p>\n

Paragraph 78 \u2013 [Repealed]<\/p>\n

Paragraph 79 \u2013 [Repealed]<\/p>\n

<\/p>\n

PART XII: TRUSTS, TRUST BENEFICIARIES AND INSOLVENT ESTATES<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 80 \u2013 Capital gain attributed to beneficiary<\/a><\/p>\n

Paragraph 81 \u2013 Base cost of interest in discretionary trust<\/a><\/p>\n

Paragraph 82 \u2013 Death of beneficiary of special trust<\/a><\/p>\n

Paragraph 83 \u2013 Insolvent estate of person<\/a><\/p>\n

<\/p>\n

PART XIII: FOREIGN CURRENCY<\/strong><\/p>\n

<\/p>\n

Paragraph 84 \u2013 [Repealed]<\/p>\n

Paragraph 85 \u2013 [Repealed]<\/p>\n

Paragraph 86 \u2013 [Repealed]<\/p>\n

Paragraph 87 \u2013 [Repealed]<\/p>\n

Paragraph 88 \u2013 [Repealed]<\/p>\n

Paragraph 89 \u2013 [Repealed]<\/p>\n

Paragraph 90 \u2013 [Repealed]<\/p>\n

Paragraph 91 \u2013 [Repealed]<\/p>\n

Paragraph 92 \u2013 [Repealed]<\/p>\n

Paragraph 93 \u2013 [Repealed]<\/p>\n

Paragraph 94 \u2013 [Repealed]<\/p>\n

Paragraph 95 \u2013 [Repealed]<\/p>\n

Paragraph 96 \u2013 [Repealed]<\/p>\n

<\/p>\n

PART XIV: MISCELLANEOUS<\/a><\/strong><\/p>\n

<\/p>\n

Paragraph 97 \u2013 Transactions during transitional period<\/a><\/p>\n","post_title":"Eighth Schedule Index","collection_order":1178,"collection":597,"post_modified":"2024-01-13 23:03:09","post_date":"2016-05-08 15:15:47"},{"ID":"2140","post_content":"

PART I<\/strong><\/p>\n

General<\/strong><\/p>\n","post_title":"Part I - General","collection_order":1179,"collection":597,"post_modified":"2017-05-25 18:42:36","post_date":"2015-10-15 12:13:25"},{"ID":"4427","post_content":"

\u00a01.\u00a0\u00a0\u00a0\u00a0 Definitions<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

In this Schedule, unless the context indicates otherwise, any meaning ascribed to any word or expression in section 1<\/a> of this Act must bear the meaning so ascribed, and-<\/p>\n","post_title":"Paragraph 1 - Definitions (Eighth Schedule)","collection_order":1180,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2016-05-03 10:14:56"},{"ID":"2142","post_content":"

\u201casset\u201d<\/strong> includes-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 property of whatever nature, whether movable or immovable, corporeal or incorporeal, excluding any currency, but including any coin made mainly from gold or platinum; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a right or interest of whatever nature to or in such property;<\/span><\/p>\n","post_title":"\"Asset\" definition of Eighth Schedule","collection_order":1181,"collection":597,"post_modified":"2020-03-08 21:06:01","post_date":"2015-10-15 12:13:25"},{"ID":"2144","post_content":"

\u201cbase cost\u201d<\/strong> means the amount to be determined in terms of Part V<\/a>;<\/p>\n","post_title":"\"Base cost\" definition of Eighth Schedule","collection_order":1182,"collection":597,"post_modified":"2020-03-08 21:05:52","post_date":"2015-10-15 12:13:25"},{"ID":"2146","post_content":"

\u201cboat\u201d<\/strong> means any vessel used or capable of being used in, under or on the sea or internal waters, whether-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 self-propelled or not; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 equipped with an inboard or outboard motor;<\/span><\/p>\n","post_title":"\"Boat\" definition of Eight Schedule","collection_order":1183,"collection":597,"post_modified":"2020-03-08 21:06:07","post_date":"2015-10-15 12:13:25"},{"ID":"2148","post_content":"

\u201ccapital gain\u201d<\/strong> means the amount to be determined in terms of paragraph 3<\/a>;<\/p>\n","post_title":"\"Capital gain\" definition of Eighth Schedule","collection_order":1184,"collection":597,"post_modified":"2020-03-08 21:06:13","post_date":"2015-10-15 12:13:25"},{"ID":"2150","post_content":"

\u201ccapital loss\u201d<\/strong> means the amount to be determined in terms of paragraph 4<\/a>;<\/p>\n","post_title":"\"Capital loss\" definition of Eighth Schedule","collection_order":1185,"collection":597,"post_modified":"2020-03-08 21:06:19","post_date":"2015-10-15 12:13:25"},{"ID":"2152","post_content":"

\u2018disposal\u2019<\/strong>\u00a0means an event, act, forbearance or operation of law envisaged in\u00a0paragraph 11<\/a>\u00a0or an event, act, forbearance or operation of law which is in terms of this Act treated as the disposal of an asset, and\u00a0\u2018dispose\u2019<\/strong>\u00a0must be construed accordingly;<\/p>\n

[Definition of \u201cdisposal\u2019 substituted by section 73 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"\"Disposal\" definition of Eighth Schedule","collection_order":1186,"collection":597,"post_modified":"2020-05-27 20:00:58","post_date":"2015-10-15 12:13:25"},{"ID":"2154","post_content":"

\u201cindividual policyholder fund\u201d<\/strong> means a fund contemplated in section 29A<\/a>(4)(b);<\/p>\n","post_title":"\"Individual policyholder fund\" definition of Eighth Schedule","collection_order":1187,"collection":597,"post_modified":"2020-03-08 21:07:21","post_date":"2015-10-15 12:13:24"},{"ID":"2156","post_content":"

\u201cinsurer\u201d<\/strong> means an insurer as defined in section 29A<\/a>(1);<\/p>\n","post_title":"\"Insurer\" definition of Eighth Schedule","collection_order":1188,"collection":597,"post_modified":"2020-03-08 21:07:28","post_date":"2015-10-15 12:13:24"},{"ID":"17816","post_content":"

\u201cmarket value\u201d <\/strong>means market value as contemplated in paragraph 31<\/a>\u037e<\/p>\n

[Definition of \u201cmarket value\u201d inserted by section 73(b) of Act 23 of 2018 and substituted and by section 53 of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Market value\" definition of paragraph 1 of Eighth Schedule","collection_order":1189,"collection":597,"post_modified":"2021-02-10 09:32:36","post_date":"2019-02-05 20:58:47"},{"ID":"2158","post_content":"

\u201cnet capital gain\u201d<\/strong> means the amount to be determined in terms of paragraph 8<\/a>;<\/p>\n","post_title":"\"Net capital gain\" definition of Eighth Schedule","collection_order":1190,"collection":597,"post_modified":"2020-03-08 21:07:41","post_date":"2015-10-15 12:13:24"},{"ID":"2160","post_content":"

\u201cpersonal-use asset\u201d<\/strong> means an asset contemplated in paragraph 53<\/a>;<\/p>\n","post_title":"\"Personal-use asset\" definition of Eighth Schedule","collection_order":1191,"collection":597,"post_modified":"2020-03-08 21:07:47","post_date":"2015-10-15 12:13:24"},{"ID":"2162","post_content":"

\u201cpre-valuation date asset\u201d<\/strong> means an asset acquired prior to valuation date by a person and which has not been disposed of by that person before valuation date;<\/p>\n","post_title":"\"Pre-valuation date asset\" definition of Eighth Schedule","collection_order":1192,"collection":597,"post_modified":"2020-03-08 21:07:51","post_date":"2015-10-15 12:13:24"},{"ID":"2164","post_content":"

\u201cprimary residence\u201d<\/strong> means a primary residence contemplated in paragraph 44<\/a>;<\/p>\n","post_title":"\"Primary residence\" definition of Eighth Schedule","collection_order":1193,"collection":597,"post_modified":"2020-03-08 21:08:04","post_date":"2015-10-15 12:13:24"},{"ID":"2166","post_content":"

\u201cproceeds\u201d<\/strong> means the amount to be determined in terms of Part VI<\/a>;<\/p>\n","post_title":"\"Proceeds\" definition of Eighth Schedule","collection_order":1194,"collection":597,"post_modified":"2020-03-08 21:08:11","post_date":"2015-10-15 12:13:24"},{"ID":"2168","post_content":"

\u201crecognised exchange\u201d<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an exchange licensed under the Financial Markets Act; or<\/span><\/p>\n

[Paragraph (a) substituted by section 51 of Act 32 of 2004, amended by section 63 of Act 31 of 2005 and substituted by section 78 of Act 43 of 2014 effective on 3 June 2013]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 an exchange in a country other than the Republic which is similar to an exchange contemplated in paragraph (a) and which has been recognised by the Minister for purposes of this Schedule by notice in the Gazette<\/em>;<\/span><\/p>\n","post_title":"\"Recognised exchange\" definition of Eighth Schedule","collection_order":1195,"collection":597,"post_modified":"2020-03-08 21:08:33","post_date":"2015-10-15 12:13:24"},{"ID":"2170","post_content":"

\u201cresidence\u201d<\/strong> means a residence contemplated in paragraph 44<\/a>;<\/p>\n","post_title":"\"Residence\" definition of Eighth Schedule","collection_order":1196,"collection":597,"post_modified":"2020-03-08 21:08:41","post_date":"2015-10-15 12:13:24"},{"ID":"2172","post_content":"

\u201cruling price\u201d<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of a financial instrument listed on a recognised exchange in the Republic, the last sale price of that financial instrument at close of business of the exchange, unless there is a higher bid or a lower offer on that day subsequent to the last sale in which case the price of that higher bid or lower offer will prevail; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of a financial instrument listed on a recognised exchange outside the Republic, the ruling price of that financial instrument as determined in item (a) and if the ruling price is not determined in this manner by that exchange, the last price quoted in respect of that financial instrument at close of business of that exchange.<\/span><\/p>\n","post_title":"\"Ruling price\" definition of Eighth Schedule","collection_order":1197,"collection":597,"post_modified":"2020-03-08 21:08:52","post_date":"2015-10-15 12:13:24"},{"ID":"2174","post_content":"

\u201cspecial trust\u201d<\/strong> means a trust contemplated in paragraph (a) of the definition of \u201cspecial trust\u201d in section 1<\/a>;<\/p>\n","post_title":"\"Special trust\" definition of Eighth Schedule","collection_order":1198,"collection":597,"post_modified":"2020-03-08 21:09:00","post_date":"2015-10-15 12:13:24"},{"ID":"2176","post_content":"

\u201cvaluation date\u201d<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of any person who after 1 October 2001 ceases to be an exempt person for purposes of paragraph 63<\/a>, the date on which that person so ceases to be an exempt person; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in any other case, 1 October 2001;<\/span><\/p>\n","post_title":"\"Valuation date\" definition of Eighth Schedule","collection_order":1199,"collection":597,"post_modified":"2020-03-08 21:09:12","post_date":"2015-10-15 12:13:24"},{"ID":"2178","post_content":"

\u201cvalue shifting arrangement\u201d<\/strong> means an arrangement by which a person retains an interest in a company, trust or partnership, but following a change in the rights or entitlements of the interests in that company, trust or partnership (other than as a result of a disposal at market value as determined before the application of paragraph 38<\/a>), the market value of the interest of that person decreases and-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the value of the interest of a connected person in relation to that person held directly or indirectly in that company, trust or partnership increases; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a connected person in relation to that person acquires a direct or indirect interest in that company, trust or partnership.<\/span><\/p>\n","post_title":"\"Value shifting arrangement\" definition of Eighth Schedule","collection_order":1200,"collection":597,"post_modified":"2020-03-08 21:09:27","post_date":"2015-10-15 12:13:24"},{"ID":"2180","post_content":"

2.\u00a0 Application<\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to paragraph 97<\/a>, this Schedule applies to the disposal on or after valuation date of \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any asset of a resident; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the following assets of a person who is not a resident, namely-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 immovable property situated in the Republic held by that person or any interest or right of whatever nature of that person to or in immovable property situated in the Republic including rights to variable or fixed payments as consideration for the working of, or the right to work mineral deposits, sources and other natural resources; or<\/span><\/p>\n

[Subitem (i) substituted by section 102 of Act 25 of 2015 effective on 1 January 2016]\u00a0<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any asset effectively connected with a permanent establishment of that person in the Republic.<\/span><\/p>\n

[Subitem (ii) substituted by section 102 of Act 25 of 2015 effective on 1 January 2016]<\/span>\u00a0<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For purposes of subparagraph (1)(b)(i), an interest in immovable property situated in the Republic includes any equity shares held by a person in a company or ownership or the right to ownership of a person in any other entity or a vested interest of a person in any assets of any trust, if \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a080 per cent or more of the market value of those equity shares, ownership or right to ownership or vested interest, as the case may be, at the time of disposal thereof is attributable directly or indirectly to immovable property situated in the Republic or any interest or right of whatever nature to or in immovable property situated in the Republic including rights to variable or fixed payments as consideration for the working of, or the right to work mineral deposits, sources and other natural resources in the Republic; and<\/span><\/p>\n

[Item (a)\u00a0substituted by\u00a0section 74\u00a0of\u00a0Act 23 of 2018\u00a0and by\u00a0section 45\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of a company or other entity, that person (whether alone or together with any connected person in relation to that person), directly or indirectly, holds at least 20 per cent of the equity shares in that company or ownership or right to ownership of that other entity.<\/span><\/p>\n","post_title":"Paragraph 2 (Eighth Schedule) - Application","collection_order":1201,"collection":597,"post_modified":"2022-02-05 22:49:01","post_date":"2015-10-15 12:13:24"},{"ID":"2182","post_content":"

PART II<\/strong><\/p>\n

Taxable capital gains and assessed capital losses<\/strong><\/p>\n","post_title":"Part II - Taxable capital gains and assessed capital losses","collection_order":1202,"collection":597,"post_modified":"2017-05-25 18:45:33","post_date":"2015-10-15 12:13:24"},{"ID":"2184","post_content":"

3. \u00a0 \u00a0 Capital gain<\/span><\/strong><\/p>\n

<\/p>\n

A person\u2019s capital gain for a year of assessment, in respect of the disposal of an asset-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 during that year, is equal to the amount by which the proceeds received or accrued in respect of that disposal exceed the base cost of that asset;<\/span><\/p>\n

[Subparagraph (a) substituted by section 67 of Act 60 of 2001 and amended by section 103 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in a previous year of assessment, other than a disposal contemplated in subparagraph (c), is equal to-<\/span><\/p>\n

[Words preceding item (i) substituted by section 103 of Act 25 of 2015 effective on 1 January 2016]\u00a0<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 so much of any amount received by or accrued to that person during the current year of assessment, as constitutes part of the proceeds of that disposal which has not been taken into account \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 during any year in determining the capital gain or capital loss in respect of that disposal; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 in the redetermination of the capital gain or capital loss in terms of paragraph 25<\/a>(2); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 so much of the base cost of that asset that has been taken into account in determining the capital gain or capital loss in respect of that disposal as has been recovered or recouped during the current year of assessment, otherwise than by way of any reduction of any debt owed by that person, and which has not been taken into account in the redetermination of the capital gain or capital loss in terms of paragraph 25<\/a>(2); or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the sum of \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 any capital gain redetermined in terms of paragraph 25<\/a>(2) in the current year of assessment in respect of that disposal; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any capital loss (if any) determined in respect of that disposal in terms of paragraph 25<\/a> for the last year of assessment during which that paragraph applied in respect of that disposal; or<\/span><\/p>\n

[Subitem (bb) amended by section 103 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0in a previous year of assessment that has been reacquired as contemplated in paragraph 20<\/a>(4), is equal to any capital loss determined in respect of that disposal.<\/span><\/p>\n

[Subparagraph (c) added by section 103 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"Paragraph 3 (Eighth Schedule) - Capital gain","collection_order":1203,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:24"},{"ID":"2186","post_content":"

4. \u00a0 \u00a0 Capital loss<\/span><\/strong><\/p>\n

<\/p>\n

A person\u2019s capital loss for a year of assessment in respect of the disposal of an asset-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 during that year, is equal to the amount by which the base cost of that asset exceeds the proceeds received or accrued in respect of that disposal;<\/span><\/p>\n

[Subparagraph (a) substituted by section 68 of Act 60 of 2001 and section. 65 of Act 74 of 2002 and amended by section 104 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in a previous year of assessment, other than a disposal contemplated in subparagraph (c), is equal to-<\/span><\/p>\n

[Words preceding item (i) substituted by section 104 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 so much of the proceeds received or accrued in respect of the disposal of that asset that have been taken into account during any year in determining the capital gain or capital loss in respect of that disposal-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 as that person is no longer entitled to 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 of assessment;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 as has become irrecoverable during the current year of assessment; or<\/span><\/p>\n

<\/p>\n

(cc)\u00a0\u00a0\u00a0 as has been repaid or has become repayable during the current year of assessment;<\/span><\/p>\n

<\/p>\n

and which have not been taken into account in the redetermination of the capital gain or capital loss in terms of paragraph 25<\/a>(2);<\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 so much of any expenditure incurred during the current year of assessment in respect of that asset, which is allowable in terms of paragraph 20<\/a> and that has not been taken into account \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 during any year in determining the capital gain or capital loss in respect of that disposal; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 in the redetermination of the capital gain or capital loss in terms of paragraph 25<\/a>(2); or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the sum of-<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 any capital loss redetermined in terms of paragraph 25<\/a>(2) in the current year of assessment in respect of that disposal; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any capital gain (if any) determined in respect of that disposal in terms of paragraph 25<\/a> for the last year of assessment during which that paragraph applied in respect of that disposal; or<\/span><\/p>\n

[Subitem (bb) amended by section 104 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0in a previous year of assessment that has been reacquired as contemplated in paragraph 20(4), is equal to any capital gain determined in respect of that disposal.<\/span><\/p>\n

[Subparagraph (c) added by section 104 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"Paragraph 4 (Eighth Schedule) - Capital loss","collection_order":1204,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:24"},{"ID":"22563","post_content":"

5. \u00a0 \u00a0 Annual exclusion<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0\u00a0\u00a0\u00a0Subject to subparagraph (2), the annual exclusion of a natural person and a special trust in respect of a year of assessment is R40 000: Provided that where any person\u2019s year of assessment is less than a period of 12 months, the total annual exclusions for years of assessments during the period of 12 months commencing in March and ending at the end of February the immediately following calendar year must not exceed R40 000.<\/span><\/p>\n

[Subparagraph\u00a0(1)\u00a0substituted by\u00a0section\u00a08(1)\u00a0of\u00a0Act\u00a013 of 2012\u00a0and by\u00a0section\u00a011(1)\u00a0of\u00a0Act\u00a013 of 2016\u00a0and amended by\u00a0section\u00a022(1)\u00a0of\u00a0Act\u00a020 of 2022\u00a0with effect from 1\u00a0March, 2023 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where a person dies during the year of assessment, that person\u2019s annual exclusion for that year is R300000.<\/span><\/p>\n

<\/p>\n

(3)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0The Minister may announce in the national annual budget contemplated in\u00a0section 27(1) of the Public Finance Management Act that, with effect from a date or dates mentioned in that announcement, the annual exclusion of the person mentioned in subparagraph (1) or (2) will be altered to the extent mentioned in the announcement.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0If the Minister makes an announcement of an alteration contemplated in item (a), that alteration comes into effect on the date or dates determined by the Minister in that announcement and continues to apply for a period of 12 months from that date or those dates subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subparagraph (3) added by section 75 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Paragraph 5 (Eighth Schedule) - Annual exclusion","collection_order":1205,"collection":597,"post_modified":"2024-01-13 21:24:45","post_date":"2021-04-04 14:59:14"},{"ID":"2190","post_content":"

6. \u00a0 \u00a0Aggregate capital gain<\/span><\/strong><\/p>\n

<\/p>\n

A person\u2019s aggregate capital gain for a year of assessment is the amount by which the sum of that person\u2019s capital gains for that year and any other capital gains which are required to be taken into account in the determination of that person\u2019s aggregate capital gain or aggregate capital loss for that year, exceeds the sum of-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that person\u2019s capital losses for that year; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of a natural person or a special trust, that person\u2019s or special trust\u2019s annual exclusion for that year.<\/span><\/p>\n","post_title":"Paragraph 6 (Eighth Schedule) - Aggregate capital gain","collection_order":1206,"collection":597,"post_modified":"2022-01-05 20:08:42","post_date":"2015-10-15 12:13:24"},{"ID":"2192","post_content":"

7. \u00a0 \u00a0 Aggregate capital loss<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

A person\u2019s aggregate capital loss for a year of assessment is the amount by which the sum of a person\u2019s capital losses for the year exceeds the sum of-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that person\u2019s capital gains for that year and any other capital gains which are required to be taken into account in the determination of that person\u2019s aggregate capital gain or aggregate capital loss for that year; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of a natural person or a special trust, that person\u2019s or special trust\u2019s annual exclusion for that year.<\/span><\/p>\n","post_title":"Paragraph 7 (Eighth Schedule) - Aggregate capital loss","collection_order":1207,"collection":597,"post_modified":"2017-01-14 18:21:45","post_date":"2015-10-15 12:13:24"},{"ID":"2194","post_content":"

8. \u00a0 \u00a0 Net capital gain<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

A person\u2019s net capital gain for the year of assessment is the sum of \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount by which that person\u2019s aggregate capital gain for that year exceeds that person\u2019s assessed capital loss for the previous year of assessment; and<\/span><\/p>\n

\u00a0<\/p>\n

(b) \u00a0 \u00a0 where paragraph 64B<\/a>(3) becomes applicable during that year of assessment, the amount of the capital gain which was disregarded in terms of paragraph 64B(1) or (2) during that year or any previous year, as contemplated in paragraph 64B(3).<\/span><\/p>\n","post_title":"Paragraph 8 (Eighth Schedule) - Net capital gain","collection_order":1208,"collection":597,"post_modified":"2017-01-14 18:21:46","post_date":"2015-10-15 12:13:24"},{"ID":"2196","post_content":"

9. \u00a0 \u00a0Assessed capital loss<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

A person\u2019s assessed capital loss for a year of assessment, where that person has-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an aggregate capital gain for that year, is the amount by which that person\u2019s assessed capital loss for the previous year of assessment exceeds the amount of that person\u2019s aggregate capital gain for that year;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an aggregate capital loss for that year, is the sum of that person\u2019s aggregate capital loss for that year and that person\u2019s assessed capital loss for the previous year; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 neither an aggregate capital gain nor an aggregate capital loss for that year, is the amount of that person\u2019s assessed capital loss for the previous year.<\/span><\/p>\n","post_title":"Paragraph 9 (Eighth Schedule) - Assessed capital loss","collection_order":1209,"collection":597,"post_modified":"2017-01-14 18:21:47","post_date":"2015-10-15 12:13:24"},{"ID":"22566","post_content":"

10. \u00a0 \u00a0 Taxable capital gain<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0A person\u2019s taxable capital gain for the year of assessment is-<\/span><\/p>\n

[Words preceding paragraph (a) substituted by section 76 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a natural person or a special trust as defined in section 1 of the Act, 40 per cent;<\/span><\/p>\n

[Item\u00a0(a)\u00a0substituted by\u00a0section\u00a066\u00a0of\u00a0Act\u00a074 of 2002, by\u00a0section\u00a09(1)(a)\u00a0of\u00a0Act\u00a013 of 2012\u00a0and by\u00a0section\u00a012(1)(a)\u00a0of\u00a0Act\u00a013 of 2016\u00a0deemed effective on 1\u00a0March, 2016 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of an insurer, in respect of its-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 individual policyholder fund, 40 per cent;<\/span><\/p>\n

[Sub-item\u00a0(i)\u00a0substituted by\u00a0section\u00a012(1)(b)\u00a0of\u00a0Act\u00a013 of 2016\u00a0deemed to have come into operation (a) on 29\u00a0February, 2016 in respect of deemed disposals made by virtue of\u00a0section\u00a029B\u00a0of this Act and applicable in respect of those disposals and (b) on 1\u00a0March, 2016 in respect of any disposals other than deemed disposals contemplated in (a) and applicable in respect of those disposals that are made on or after that date]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 untaxed policyholder fund, 0 per cent;<\/span><\/p>\n

[Item (ii) amended by section 79 of Act 43 of 2014 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0company policyholder fund, 80 per cent; and<\/span><\/p>\n

[Sub-item\u00a0(iii)\u00a0amended by\u00a0section\u00a079(1)(b)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and substituted by\u00a0section\u00a012(1)(c)\u00a0of\u00a0Act\u00a013 of 2016\u00a0deemed to have come into operation (a) on 29\u00a0February, 2016 in respect of deemed disposals made by virtue of\u00a0section\u00a029B\u00a0of this Act and applicable in respect of those disposals and (b) on 1\u00a0March, 2016 in respect of any disposals other than deemed disposals contemplated in (a) and applicable in respect of those disposals that are made on or after that date]<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0\u00a0risk policy fund, 80 per cent; or<\/span><\/p>\n

[Item (b) substituted by section 105(1) of Act 22 of 2012 deemed to have come into operation (a) on 29 February, 2012 in respect of deemed disposals made by virtue of section 29B of this Act and applicable in respect of those disposals and (b) on 1 March, 2012 in respect of any disposals other than deemed disposals contemplated in (a) and applicable in respect of those disposals that are made on or after that date. Sub-item (iv) added by section 79(1)(c) of Act 43 of 2014 and substituted by section 12(1)(c) of Act 13 of 2016 deemed to have come into operation (a) on 29 February, 2016 in respect of deemed disposals made by virtue of section 29B of this Act and applicable in respect of those disposals and (b) on 1 March, 2016 in respect of any disposals other than deemed disposals contemplated in (a) and applicable in respect of those disposals that are made on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0in any other case, 80 per cent,<\/span><\/p>\n

[Item\u00a0(c)\u00a0substituted by\u00a0section\u00a09(1)(b)\u00a0of\u00a0Act\u00a013 of 2012\u00a0and by\u00a0section\u00a012(1)(d)\u00a0of\u00a0Act\u00a013 of 2016\u00a0deemed effective on 1\u00a0March, 2016 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

of that person\u2019s net capital gain for that year of assessment.<\/p>\n

<\/p>\n

(2)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0The Minister may announce in the national annual budget contemplated in\u00a0section 27(1) of the Public Finance Management Act that, with effect from a date or dates mentioned in that announcement, the percentage used in determining a person\u2019s taxable capital gain for the year of assessment under subparagraph (1) will be altered to the extent mentioned in the announcement.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0If the Minister makes an announcement of an alteration contemplated in item (a), that alteration comes into effect on the date or dates determined by the Minister in that announcement and continues to apply for a period of 12 months from that date or those dates subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subparagraph (2) added by section 76 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Paragraph 10 (Eighth Schedule) - Taxable capital gain","collection_order":1210,"collection":597,"post_modified":"2021-04-06 10:02:32","post_date":"2021-04-04 15:03:03"},{"ID":"2200","post_content":"

PART III<\/strong><\/p>\n

Disposal and acquisition of assets<\/strong><\/p>\n","post_title":"Part III - Disposal and acquisition of assets","collection_order":1211,"collection":597,"post_modified":"2017-05-25 18:46:29","post_date":"2015-10-15 12:13:24"},{"ID":"2202","post_content":"

11. \u00a0 \u00a0 Disposals<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to subparagraph (2), a disposal is any event, act, forbearance or operation of law which results in the creation, variation, transfer or extinction of an asset, and includes-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the sale, donation, expropriation, conversion, grant, cession, exchange or any other alienation or transfer of ownership of an asset;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the forfeiture, termination, redemption, cancellation, surrender, discharge, relinquishment, release, waiver, renunciation, expiry or abandonment of an asset;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the scrapping, loss, or destruction of an asset;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the vesting of an interest in an asset of a trust in a beneficiary;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the distribution of an asset by a company to a holder of shares;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 the granting, renewal, extension or exercise of an option; or<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 the decrease in value of a person\u2019s interest in a company, trust or partnership as a result of a value shifting arrangement.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 There is no disposal of an asset-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 by a person who transfers the asset as security for a debt or by a creditor who transfers that asset back to that person upon release of the security;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 by a company in respect of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the issue, cancellation or extinction of a share in the company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the granting of an option to acquire a share in or certificate acknowledging or creating a debt owed by that company;<\/span><\/p>\n

[Item (b) substituted by section 71 of Act 60 of 2001, section 44 of Act 20 of 2006 and section 106 of Act 22 of 2012, amended by section 126 of Act 31 of 2013 and substituted by section 126 of Act 31 of 2013 and section 105 of Act 25 of 2015 effective on 1 April 2014]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 by a portfolio of a collective investment scheme in respect of the issue of a participatory interest in that portfolio, or by a portfolio in respect of the granting of an option to acquire a participatory interest in that portfolio;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 by a person in respect of the issue of any debt by or to that person;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 by a person where a disposal is made to correct an error in the registration in the deeds registry of immovable property in that person\u2019s name;<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0\u00a0by a lender to a borrower or by a borrower to a lender, where any security or bond has been lent by a lender to a borrower in terms of a securities lending arrangement; or<\/span><\/p>\n

[Item (h) amended by section 67 of Act 74 of 2002, substituted by section 92 of Act 45 of 2003 and section 70 of Act 15 of 2016 effective on 1 January 2017, applies in respect of any securities lending arrangement entered into on or after that date]<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by a person where that asset vests in the Master of the High Court or in a trustee, in consequence of the sequestration of the estate of the spouse of that person, as contemplated in section 21 of the Insolvency Act, 1936 (Act No. 24 of 1936), and where that asset is subsequently released by the Master or that trustee as contemplated in that section.<\/span><\/p>\n

<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Item (j) added by section 55 of Act 32 of 2004 and deleted by section 105 of Act 25 of 2015 effective on 1 March 2016]<\/span><\/p>\n

<\/p>\n

(k)\u00a0\u00a0\u00a0\u00a0 by a person on the cession or release of a right to acquire a marketable security in whole or in part for a consideration which consists of or includes another right to acquire a marketable security in the circumstances contemplated in section 8A<\/a>(5);<\/span><\/p>\n

<\/p>\n

(l)\u00a0\u00a0\u00a0\u00a0\u00a0 by a person of shares held in a company where that company-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 subdivides or consolidates those shares;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 converts shares of par value to no par value or of no par value to par value; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 converts shares in terms of section 40A<\/a> or 40B<\/a>,<\/span><\/p>\n

<\/p>\n

solely in substitution of the shares held by that person, and-<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 the proportionate participation rights and interests of that person in that company remain unaltered; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 no other consideration whatsoever passes directly or indirectly in consequence of that subdivision, consolidation or conversion;<\/span><\/p>\n

[Item (l) added by section 126 of Act 31 of 2013 and amended by section 80 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(m)\u00a0\u00a0\u00a0 by a person where that person exchanges a qualifying equity share for another qualifying equity share as contemplated in section 8B<\/a>(2);<\/span><\/p>\n

[Item (m) added by section 80 of Act 43 of 2014 and amended by section 105 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(n)\u00a0\u00a0\u00a0\u00a0\u00a0by a transferor to a transferee or by a transferee to a transferor where any share or bond has been transferred in terms of a collateral arrangement;<\/span><\/p>\n

[Item (n) added by section 105 of Act 25 of 2015, substituted by section 70 of Act 15 of 2016 effective on 1 January 2017, applies in respect of any collateral arrangement entered into on or after that date]<\/span><\/p>\n

<\/p>\n

(o)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 by a person that-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 disposed of an asset to another person in terms of an agreement; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 reacquired that asset from that other person by reason of the cancellation or termination, during the year of assessment during which that asset was so disposed of, of that agreement and the restoration of both persons to the position they were in prior to entering into that agreement.<\/span><\/p>\n

[Item (o) added by section 105 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"Paragraph 11 (Eighth Schedule) - Disposals","collection_order":1212,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:24"},{"ID":"2204","post_content":"

12. \u00a0 \u00a0 Events treated as disposals and acquisitions<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Where an event described in subparagraph (2) occurs, a person must, subject to paragraph 24<\/a>, be treated for the purposes of this Schedule as having disposed of an asset described in subparagraph (2) for an amount received or accrued equal to the market value of the asset at the time of the event and to have immediately reacquired the asset at an expenditure equal to that market value, which expenditure must be treated as an amount of expenditure actually incurred for the purposes of paragraph 20<\/a>(1)(a).<\/span><\/p>\n

[Subparagraph (1) substituted by section 72 of Act 60 of 2001, section 93 of Act 45 of 2003, section 50 of Act 3 of 2008 and section 81 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Subparagraph (1) applies, in the case of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a person-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that commences to be a resident; or<\/span><\/p>\n

[Subitem (i) substituted by section 81 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(ii) \u00a0\u00a0\u00a0 that is a foreign company that commences to be a controlled foreign company,<\/span><\/p>\n

[Subitem (ii) substituted by section 81 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(iii) \u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

[Subitem (iii) deleted by section 81 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

in respect of all assets of that person other than-<\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0 assets in the Republic listed in paragraph 2<\/a>(1)(b)(i) and (ii);<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any right to acquire any marketable security contemplated in section 8A<\/a>;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an asset of a person that is not a resident, which asset-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 becomes an asset of that person\u2019s permanent establishment in the Republic otherwise than by way of acquisition; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 ceases to be an asset of that person\u2019s permanent establishment in the Republic otherwise than by way of a disposal contemplated in paragraph 11<\/a>;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 assets that are held by a person otherwise than as trading stock, when they commence to be held by that person as trading stock;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 an asset which ceases to be held by a person as a personal-use asset otherwise than by way of a disposal contemplated in paragraph 11<\/a>;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 an asset which is held by a person otherwise than as a personal-use asset, when that asset commences to be held by that person as a personal-use asset; or<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 an asset transferred by an insurer contemplated in section 29A<\/a> from one fund contemplated in section 29A<\/a>(4) to any other such fund.<\/span><\/p>\n

<\/p>\n

(3) \u00a0\u00a0\u00a0\u00a0Where assets that are held by a person as trading stock cease to be held by that person as trading stock, otherwise than by way of a disposal contemplated in paragraph 11<\/a>, that person will be treated as having disposed of those assets for a consideration equal to the amount included in that person\u2019s income in terms of section 22<\/a>(8) and to have immediately reacquired those assets for a cost equal to that amount, which cost must be treated as an amount of expenditure actually incurred for the purposes of paragraph 20<\/a>(1)(a).<\/span><\/p>\n

[Subparagraph (3)\u00a0substituted by\u00a0section 72(1)(b)\u00a0of\u00a0Act\u00a060 of 2001\u00a0and by\u00a0section 46(a)\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 In the event of a person ceasing to be a controlled foreign company as a result of becoming a resident that person must, subject to paragraph 24<\/a>, be treated for the purposes of this Schedule as having-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 disposed of each of that person\u2019s assets, other than-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 assets in the Republic listed in paragraph 2<\/a>(1)(b)(i) and (ii); and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 assets held by that person if any amount received or accrued from the disposal of those assets would have been taken into account for purposes of determining the net income as contemplated in section 9D<\/a> of that person; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0immediately reacquired each of those assets at an expenditure equal to the market value of those assets immediately before the disposal, which expenditure must be treated as an amount of expenditure actually incurred for the purposes of paragraph 20<\/a>(1)(a).<\/span><\/p>\n

[Item (b)\u00a0substituted by\u00a0section 46(b)\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n","post_title":"Paragraph 12 (Eighth Schedule) - Events treated as disposals and acquisitions","collection_order":1213,"collection":597,"post_modified":"2022-02-05 22:49:26","post_date":"2015-10-15 12:13:24"},{"ID":"2207","post_content":"

12A. \u00a0 \u00a0 Concession or compromise in respect of a debt<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph \u2013<\/span><\/p>\n","post_title":"Paragraph 12A (Eighth Schedule) - Concession or compromise in respect of a debt","collection_order":1214,"collection":597,"post_modified":"2019-06-19 11:28:49","post_date":"2015-10-15 12:13:24"},{"ID":"2209","post_content":"

\u201callowance asset\u201d\u2026<\/strong><\/p>\n

[Definition of \u201callowance asset\u201d deleted by section 54 of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Allowance asset\" definition of Eighth Schedule","collection_order":1215,"collection":597,"post_modified":"2021-02-10 09:32:54","post_date":"2015-10-15 12:13:24"},{"ID":"2211","post_content":"

\u201ccapital asset\u201d\u2026<\/strong><\/p>\n

[Definition of \u201ccapital asset\u201d deleted by section 54 of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Capital asset\" definition of Eighth Schedule","collection_order":1216,"collection":597,"post_modified":"2021-02-10 09:32:59","post_date":"2015-10-15 12:13:24"},{"ID":"12978","post_content":"

\u2018concession or compromise\u2019<\/strong>\u00a0means any arrangement in terms of which-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a debt is-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0cancelled or waived; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0extinguished by-<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0\u00a0redemption of the claim in respect of that debt by the person owing that debt or by any person that is a connected person in relation to that person; or<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0\u00a0merger by reason of the acquisition, by the person owing that debt, of the claim in respect of that debt,<\/span><\/p>\n

<\/p>\n

otherwise than as the result or by reason of the implementation of an arrangement described in paragraph (b);<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a debt owed by a company to a person is settled, directly or indirectly-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by being converted to or exchanged for shares in that company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0by applying the proceeds from shares issued by that company;<\/span><\/p>\n

[Definition of \u2018concession or compromise\u2019 substituted by section 77 of Act 23 of 2018 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Concession or compromise\" definition of paragraph 12A of Eighth Schedule","collection_order":1217,"collection":597,"post_modified":"2020-05-27 20:01:47","post_date":"2018-02-05 13:45:54"},{"ID":"2213","post_content":"

\u2018debt\u2019<\/strong>\u00a0means any amount that is owed by a person in respect of-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0expenditure incurred by that person; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a loan, advance or credit that was used, directly or indirectly, to fund any expenditure incurred by that person,<\/span><\/p>\n

<\/p>\n

but does not include a tax debt as defined in\u00a0section 1<\/a>\u00a0of the Tax Administration Act;<\/p>\n

[Definition of \u2018debt\u2019 substituted by section 77 of Act 23 of 2018 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Debt\" definition of Eighth Schedule","collection_order":1218,"collection":597,"post_modified":"2020-05-27 20:01:59","post_date":"2015-10-15 12:13:24"},{"ID":"12991","post_content":"

\u2018debt benefit\u2019<\/strong>, in respect of a debt owed by a person to another person, means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of an arrangement described in paragraph (a)(i) of the definition of \u2018concession or compromise\u2019, the amount cancelled or waived;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of the extinction of that debt by means of an arrangement described in paragraph (a)(ii) of the definition of \u2018concession or compromise\u2019, the amount by which the face value of the claim in respect of that debt held by the person to whom the debt is owed prior to the entering into of that arrangement exceeds the expenditure incurred in respect of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0the redemption of that debt; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0the acquisition of the claim in respect of that debt;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of the settling of that debt by means of an arrangement described in paragraph (b) of the definition of \u2018concession or compromise\u2019, where the person who acquired shares in a company in terms of that arrangement held no effective interest in the shares of that company prior to the entering into of that arrangement, the amount by which the face value of the claim held in respect of that debt prior to the entering into of that arrangement exceeds the market value of the shares acquired by reason or as a result of the implementation of that arrangement; or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of the settling of that debt by means of an arrangement described in paragraph (b) of the definition of \u2018concession or compromise\u2019, where the person who acquired shares in a company in terms of that arrangement held an effective interest in the shares of that company prior to the entering into of that arrangement, the amount by which the face value of the claim held in respect of that debt prior to the entering into of that arrangement exceeds the amount by which the market value of the effective interest held by that person in the shares of that company immediately after the implementation of that arrangement exceeds, solely as a result of the implementation of that arrangement, the market value of the effective interest held by that person in the shares of that company immediately prior to the entering into of that arrangement;<\/span><\/p>\n

[Definition of \u2018debt benefit\u2019 substituted by section 77 of Act 23 of 2018 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Debt benefit\" definition of paragraph 12A of Eighth Schedule","collection_order":1219,"collection":597,"post_modified":"2020-05-27 20:02:06","post_date":"2018-02-05 14:01:13"},{"ID":"2215","post_content":"

\u201cgroup of companies\u201d\u00a0<\/strong>means a group of companies as defined in\u00a0section 41<\/a>; and<\/p>\n

[Definition of \u201cgroup of companies amended by\u00a0section\u00a044(1)(a)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n","post_title":"\"Group of companies\" definition of paragraph 12A of Eighth Schedule","collection_order":1220,"collection":597,"post_modified":"2023-01-22 22:09:38","post_date":"2015-10-15 12:13:24"},{"ID":"17829","post_content":"

\u2018market value\u2019<\/strong>, in relation to shares acquired or held by reason or as a result of implementing a concession or compromise in respect of a debt, means the market value of those shares immediately after the implementation of that concession or compromise.<\/p>\n

[Definition of \u2018market value\u2019 inserted by section 77 of Act 23 of 2018 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"\"Market value\" definition of paragraph 12A of Eighth Schedule","collection_order":1221,"collection":597,"post_modified":"2022-02-05 22:52:21","post_date":"2019-02-05 21:22:22"},{"ID":"2217","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0Subject to subparagraph (6), this paragraph applies where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a debt benefit in respect of a debt owed by a person arises in respect of a year of assessment by reason or as a result of a concession or compromise in respect of that debt during that year of assessment; and<\/span><\/p>\n

[Item (a) substituted by section 77 of Act 23 of 2018 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of that debt is owed by that person in respect of, or was used by that person to fund, directly or indirectly, any expenditure, other than expenditure in respect of trading stock in respect of which a deduction or allowance was granted in terms of this Act.<\/span><\/p>\n

[Item (b)\u00a0substituted by\u00a0section\u00a077(1)(e)\u00a0of\u00a0Act 23 of 2018, by\u00a0section\u00a047\u00a0of\u00a0Act\u00a023 of 2020\u00a0and by\u00a0section\u00a044(1)(b)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0Where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a debt benefit arises in respect of a debt owed by a person as contemplated in subparagraph (2); and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of that debt is owed in respect of or was used as contemplated in item (b) of that subparagraph to fund expenditure incurred in respect of an asset that was not disposed of by that person in a year of assessment prior to that in which that debt benefit arises,<\/span><\/p>\n

[Item (b) substituted by section 77 of Act 23 of 2018 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

the amount of expenditure so incurred in respect of that asset must, for the purposes of paragraph 20, be reduced by the debt benefit in respect of that debt.<\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a debt benefit arises in respect of a debt owed by a person as contemplated in subparagraph (2); and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of that debt is owed in respect of or was used as contemplated in item (b) of that subparagraph to fund expenditure incurred in respect of an asset that was disposed of in a year of assessment prior to that in which that debt benefit arises, that person must if the amount determined in respect of that disposal as-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a capital gain; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a capital loss,<\/span><\/p>\n

\u00a0<\/p>\n

differs from the amount that would have been determined, whether as a capital gain or as a capital loss, in respect of that disposal had that debt benefit been taken into account in the year of the disposal of that asset, treat that absolute difference as a capital gain to be taken into account in respect of the year of assessment in which the debt benefit arises: Provided that in taking that debt benefit into account in respect of the year of disposal of that asset that person must take into account the extent to which the expenditure in respect of that asset has been reduced by any other debt benefit taken into account, in terms of this subparagraph, in respect of that disposal.<\/p>\n

[Item (b) and the words following item (b) substituted by section 77 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0Where subparagraph (3) or (4) applies in respect of a debt that was used to fund expenditure in respect of a pre-valuation date asset of a person, for the purposes of determining the date of acquisition of that asset and the expenditure incurred in respect of that asset, that person must be treated as having-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 disposed of that asset at a time immediately before that debt benefit arose as contemplated in subparagraph (3)(a) or (4)(a), as the case may be, for an amount equal to the market value of that asset at that time; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 immediately reacquired that asset at that time at an expenditure equal to that market value-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 less any capital gain, and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 increased by any capital loss,<\/span><\/p>\n

\u00a0<\/p>\n

that would have been determined had the asset been disposed of at market value at that time, which expenditure must be treated as an amount of expenditure actually incurred at that time for the\u00a0 purposes of paragraph 20(1)(a).<\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0This paragraph must not apply to a debt benefit in respect of any debt owed by a person-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that is an heir or legatee of a deceased estate, to the extent that-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the debt is owed to that deceased estate;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the debt is reduced by the deceased estate; and<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 the amount by which the debt is reduced by the deceased estate forms part of the property of the deceased estate for the purposes of the Estate Duty Act;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent that the debt is reduced by way of-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0donation as defined in\u00a0section 55<\/a>(1); or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0any transaction to which\u00a0section 58<\/a>\u00a0applies,<\/span><\/p>\n

\u00a0<\/p>\n

in respect of which donations tax is payable;<\/p>\n

[Item (b) substituted by section 77 of Act 23 of 2018 effective on 1 January 2019, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 to an employer of that person, to the extent that the debt is reduced in the circumstances contemplated in paragraph 2<\/a>(h) of the Seventh Schedule<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 to another person where the person that owes that debt is a company, if-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that company owes that debt to a company that forms part of the same group of companies as that company; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that company has not carried on any trade,<\/span><\/p>\n

\u00a0<\/p>\n

during the year of assessment during which that debt benefit arises and the immediately preceding year of assessment: Provided that this subitem must not apply in respect of any debt-<\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0incurred, directly or indirectly by that company to fund expenditure incurred in respect of any asset that is disposed of by that company, before or after that debt benefit arises, by way of an asset-for-share, intra-group or amalgamation transaction or a liquidation distribution in respect of which the provisions of section 42<\/a>, 44<\/a>, 45<\/a> or 47<\/a>, as the case may be, applied; or<\/span><\/span><\/p>\n

[Paragraph (aa)\u00a0substituted by\u00a0section 41(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of any disposal of an asset on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 incurred or assumed by that company in order to settle, take over, refinance or renew, directly or indirectly, any debt incurred by-<\/span><\/p>\n

\u00a0<\/p>\n

(A)\u00a0\u00a0\u00a0 any other company that forms part of the same group of companies; or<\/span><\/p>\n

\u00a0<\/p>\n

(B)\u00a0\u00a0\u00a0 any company that is a controlled foreign company in relation to any company that forms part of the same group of companies;<\/span><\/p>\n

\u00a0<\/p>\n

Provided further that, for purposes of this paragraph, where a debt benefit arises prior to the disposal of an asset, that debt benefit must be treated as a debt benefit that arose immediately before that disposal;<\/span><\/p>\n

[Subparagraph (d)\u00a0amended by\u00a0section 41(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of any disposal of an asset on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 that is a company, where-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that debt is reduced in the course, or in anticipation, of the liquidation, winding up, deregistration or final termination of the existence of that company; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the person to whom the debt is owed is a connected person in relation to that company,<\/span><\/p>\n

\u00a0<\/p>\n

to the extent that debt benefit in respect of that debt does not, at the time that the debt benefit arises, exceed the amount of expenditure contemplated in paragraph 20 incurred in respect of that debt by the connected person: Provided that this subitem must not apply-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the debt was reduced as part of any transaction, operation or scheme entered into to avoid any tax imposed by this Act; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that company became a connected person in relation to the person to whom the debt is owed after the debt (or any debt issued in substitution of that debt) arose; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if that company-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 has not, within 36 months of the date on which the debt is reduced or such further period as the Commissioner may allow, taken the steps contemplated in section 41<\/a>(4) to liquidate, wind up, deregister or finally terminate its existence;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 has at any stage withdrawn any step taken to liquidate, wind up, deregister or finally terminate its corporate existence; or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0does anything to invalidate any step contemplated in subparagraph (i), with the result that the company is or will not be liquidated, wound up, deregistered or finally terminate its existence;<\/span><\/p>\n

[Item (e)\u00a0amended by\u00a0section\u00a077(1)(i)\u00a0of\u00a0Act 23 of 2018\u00a0deemed effective on 1\u00a0January, 2018 and applicable in respect of years of assessment commencing on or after that date.\u00a0Subparagraph\u00a0(iii)\u00a0substituted by\u00a0section\u00a044(1)(c)\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0 to another person where the person that owes that debt is a company that-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 owes that debt to a company that forms part of the same group of companies as that company; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 reduces or settles that debt, directly or indirectly, by means of shares issued by that company:<\/span><\/p>\n

\u00a0<\/p>\n

Provided that this subitem must not apply in respect of any debt that was incurred or assumed by that company in order to settle, take over, refinance or renew, directly or indirectly, any debt incurred by another company which-<\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0did not form part of that same group of companies at the time that that other company incurred that debt; or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0\u00a0does not form part of that same group of companies at the time that company reduces or settles that debt, directly or indirectly, by means of shares issued by that company; or<\/span><\/p>\n

[Item (f) amended by\u00a0section\u00a077(1)(i)\u00a0of\u00a0Act 23 of 2018\u00a0deemed effective on 1\u00a0January, 2018 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent that the debt so owed-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0is settled by means of an arrangement described in paragraph (b) of the definition of \u2018concession or compromise\u2019; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0does not consist of or represent an amount owed by that person in respect of any interest as defined in section 24J<\/a> incurred by that person during any year of assessment.<\/span><\/p>\n

[Sub-item (ii)\u00a0substituted by\u00a0section\u00a044(1)(d)\u00a0of\u00a0Act\u00a020 of 2021\u00a0effective on 1\u00a0January, 2022 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

[Item (g) inserted by section 77 of Act 23 of 2018 effective on 1 January 2018, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0\u00a0Any tax which becomes payable as a result of the application of paragraph (b) of the proviso to subparagraph (6)(e) must be recovered from the company and the connected person contemplated in that subparagraph who must be jointly and severally liable for that tax.<\/span><\/p>\n

[Paragraph 12A inserted by section 108 of Act 22 of 2012, amended by section 127 of Act 31 of 2013, section 82 of Act 43 of 2014, section 106 of Act 25 of 2015 and substituted by section 70 of Act 17 of 2017 effective on 1 January 2018 and applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Sub-paragraphs 2, 3, 4, 5, 6, 7 of paragraph 12A of ITA","collection_order":1222,"collection":597,"post_modified":"2024-01-13 21:29:12","post_date":"2015-10-15 12:13:07"},{"ID":"2219","post_content":"

13. \u00a0 \u00a0 Time of disposal<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The time of disposal of an asset by means of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a change of ownership effected or to be effected from one person to another because of an event, act, forbearance or by operation of law is, in the case of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an agreement subject to a suspensive condition, the date on which the condition is satisfied;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any agreement which is not subject to a suspensive condition, the date on which the agreement is concluded;<\/span><\/p>\n

<\/p>\n

(iiA)\u00a0 the distribution of an asset of a trust by a trustee to a beneficiary to the extent that the beneficiary has a vested interest in the asset, the date on which the interest vests;<\/span><\/p>\n

<\/p>\n

(iiB)\u00a0 the granting by a trust to a beneficiary of an equity instrument contemplated in section 8C<\/a>, the time that equity instrument vests in that beneficiary as contemplated in that section;<\/span><\/p>\n

[Subitem (iiB) inserted by section 107 of Act 25 of 2015 effective on 1 March 2016]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 a donation of an asset, the date of compliance with all legal requirements for a valid donation;<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 the expropriation of an asset, the date on which the person receives the full compensation agreed to or finally determined by a competent tribunal or court;<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 the conversion of an asset, the date on which that asset is converted;<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 the granting, renewal or extension of an option, the date on which the option is granted, renewed or extended;<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0 the exercise of an option, the date on which the option is exercised;<\/span><\/p>\n

<\/p>\n

(viii)\u00a0 the termination of an option granted by a company to a person to acquire a share, participatory interest or debenture of that company, the date on which that option terminates; or<\/span><\/p>\n

<\/p>\n

(ix)\u00a0\u00a0\u00a0 any other case, the date of change of ownership;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the extinction of an asset including by way of forfeiture, termination, redemption, cancellation, surrender, discharge, relinquishment, release, waiver, renunciation, expiry or abandonment, the date of the extinction of the asset;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the scrapping, loss or destruction of an asset is the date-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 when the full compensation in respect of that scrapping, loss or destruction is received; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 if no compensation is payable, the later of the date when the scrapping, loss or destruction is discovered or the date on which it is established that no compensation will be payable;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the distribution of an asset by a company to a holder of shares, is the date on which that asset is so distributed as contemplated in paragraph 75<\/a>;<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 the decrease of a person\u2019s interest in a company, trust or partnership as a result of a value shifting arrangement, is the date on which the value of that person\u2019s interest decreases; or<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 the happening of an event contemplated in-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 paragraph 12<\/a>(2)(a), (b), (c), (d) or (e), 12(3) or 12(4), is the date immediately before the day that the event occurs; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 paragraph 12<\/a>(2)(f), is the date that that event occurs.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A person to whom an asset is disposed of is treated as having acquired that asset at the time of disposal of that asset as contemplated in subparagraph (1).<\/span><\/p>\n","post_title":"Paragraph 13 (Eighth Schedule) - Time of disposal","collection_order":1223,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:07"},{"ID":"2221","post_content":"

14. \u00a0 \u00a0 Disposal by spouse married in community of property<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

For the purposes of this Schedule, in the case of spouses married in community of property, where any asset is disposed of by one of the spouses and that asset-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 falls within the joint estate of the spouses, that disposal is treated as having been made in equal shares by each spouse; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 was excluded from the joint estate of the spouses,<\/span><\/p>\n

\u00a0<\/p>\n

that disposal is treated as having been made solely by the spouse making the disposal.<\/p>\n","post_title":"Paragraph 14 (Eighth Schedule) - Disposal by spouse married in community of property","collection_order":1224,"collection":597,"post_modified":"2017-01-14 20:30:04","post_date":"2015-10-15 12:13:07"},{"ID":"2223","post_content":"

PART IV<\/strong><\/p>\n

Limitation of losses<\/strong><\/p>\n","post_title":"Part IV - Limitation of losses","collection_order":1225,"collection":597,"post_modified":"2017-05-25 18:48:49","post_date":"2015-10-15 12:13:07"},{"ID":"2225","post_content":"

15. \u00a0 \u00a0 Personal-use aircraft, boats and certain rights and interests<\/span><\/strong><\/p>\n

<\/p>\n

A capital loss in respect of the following assets of a person must be disregarded in determining the aggregate capital gain or aggregate capital loss of a person, to the extent that the assets are used for purposes other than the carrying on of a trade:<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 An aircraft with an empty mass exceeding 450 kg;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a boat exceeding ten metres in length;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any fiduciary, usufructuary or other similar interest, the value of which decreases over time;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any lease of immovable property;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 time-sharing interest as defined in section 1 of the Property Time-sharing Control Act, 1983 (Act No. 75 of 1983); or<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 share in a share block company, as defined in section 1 of the Share Blocks Control Act,<\/span><\/p>\n

[Item (ii) substituted by section 83 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 any right or interest of whatever nature to or in an asset contemplated in items (a), (b), (c), (d) or (e).<\/span><\/p>\n","post_title":"Paragraph 15 (Eighth Schedule) - Personal-use aircraft, boats, and certain rights and interests","collection_order":1226,"collection":597,"post_modified":"2017-12-09 19:20:58","post_date":"2015-10-15 12:13:07"},{"ID":"2227","post_content":"

16. \u00a0 \u00a0 Intangible assets acquired prior to valuation date<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A person must, in determining the aggregate capital gain or aggregate capital loss of that person, disregard any capital loss determined in respect of the disposal of an intangible asset acquired prior to valuation date-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 from a connected person in relation to that person; or<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 which was associated with a business taken over by that person or any connected person in relation to that person.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For the purposes of subparagraph (1), \u2018intangible asset\u2019 means-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 goodwill;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any patent as defined in the Patents Act or any design as defined in the Designs Act or any trade mark as defined in the Trade Marks Act or any copyright as defined in the Copyright Act or any rights recognised under the Plant Breeders\u2019 Rights Act 1976 (Act No. 15 of 1976), or any model, pattern, plan, formula or process or any other property or right of a similar nature;<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any intellectual property right or property or right of a similar nature in respect of which a proprietary interest may be established in terms of the common law of the Republic of South Africa, or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any other intangible property except any financial instrument.<\/span><\/p>\n","post_title":"Paragraph 16 (Eighth Schedule) - Intangible assets acquired prior to valuation date","collection_order":1227,"collection":597,"post_modified":"2017-01-14 19:44:37","post_date":"2015-10-15 12:13:07"},{"ID":"2229","post_content":"

17. \u00a0 \u00a0 Forfeited deposits<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a person has made a deposit for the purpose of acquiring an asset which is not intended for use wholly and exclusively for business purposes, and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that deposit has been forfeited, the capital loss determined in respect of that forfeiture must be disregarded when determining that person\u2019s aggregate capital gain or aggregate capital loss.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Subparagraph (1) does not apply in respect of-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a coin made mainly from gold or platinum, of which the market value is mainly attributable to the material from which it is minted or cast;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 immovable property, other than immovable property intended to be the primary residence of that person;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a financial instrument; or<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any right or interest in any asset contemplated in items (a), (b) or (c).<\/span><\/p>\n","post_title":"Paragraph 17 (Eighth Schedule) - Forfeited deposits","collection_order":1228,"collection":597,"post_modified":"2017-05-25 18:58:01","post_date":"2015-10-15 12:13:07"},{"ID":"2231","post_content":"

18. \u00a0 \u00a0 Disposal of options<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where a person who is entitled to exercise an option-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 to acquire an asset not intended for use wholly and exclusively for business purposes; or<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 to dispose of an asset not used wholly and exclusively for business purposes, has abandoned that option, allowed that option to expire, or in any other manner disposed of that option other than by way of the exercise thereof, any capital loss of that person determined in respect of that expiry shall be disregarded.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Subparagraph (1) does not apply in respect of an option to acquire or dispose of-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a coin made mainly from gold or platinum, of which the market value is mainly attributable to the material from which it is minted or cast;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 immovable property, other than immovable property-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of subparagraph (1)(a), which is intended to be the primary residence of the person entitled to exercise the option; or<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of subparagraph (1)(b), is the primary residence of the person entitled to exercise the option;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a financial instrument; or<\/span><\/p>\n


<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any right or interest in those assets contemplated in items (a), (b) and (c).<\/span><\/p>\n","post_title":"Paragraph 18 (Eighth Schedule) - Disposal of options","collection_order":1229,"collection":597,"post_modified":"2017-01-14 19:44:38","post_date":"2015-10-15 12:13:07"},{"ID":"2233","post_content":"

19. \u00a0 \u00a0 Losses on the disposal of certain shares<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to paragraph 43A<\/a>, where a person disposes of a share in a company-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 as a result of the acquisition by the company from that person of that share or as part of the liquidation, winding-up or deregistration of that company, that person must disregard so much of any capital loss resulting from the disposal as does not exceed any exempt dividends; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in circumstances other than those contemplated in item (a), that person must disregard so much of any capital loss resulting from the disposal (other than a disposal deemed to have taken place in terms of section 29B<\/a>) as does not exceed any extraordinary exempt dividends.<\/span><\/p>\n

<\/p>\n

received by or accrued to that person in respect of that share within a period of 18 months prior to or as part of the disposal.<\/p>\n

[Sub\u00adparagraph (1) substituted by section 72(1)(a) of Act 35 of 2007, by section 69(1)(a) of Act 17 of 2009 and by section 109(1)(a) of Act 24 of 2011 and amended by section 55(a) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the period of 18 months does not include any days during which the person disposing of a share-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 has an option to sell, is under a contractual obligation to sell, or has made (and not closed) a short sale of, substantially similar financial instruments;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0is the grantor of an option to buy substantially similar financial instruments\u037e or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 has otherwise diminished risk of loss with respect to that share by holding one or more contrary positions with respect to substantially similar financial instruments;<\/span><\/p>\n","post_title":"Paragraph 19 (Eighth Schedule) - Losses on the disposal of certain shares","collection_order":1230,"collection":597,"post_modified":"2021-02-10 09:33:40","post_date":"2015-07-28 10:07:46"},{"ID":"5139","post_content":"

(b)\u00a0\u00a0\u00a0\u00a0 \u201cexempt dividend\u201d<\/strong> means any dividend or foreign dividend to the extent that the dividend or foreign dividend is-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 not subject to any tax under Part VIII of Chapter II; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0exempt from normal tax in terms of section 10(1)(k)<\/a>(i) or section 10B<\/a>(2)(a), (b) or (e)\u037e<\/span><\/p>\n

[Sub\u00aditem (ii) substituted by section 55(b) of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Exempt dividend\" definition of Eighth Schedule","collection_order":1231,"collection":597,"post_modified":"2021-02-10 09:33:35","post_date":"2016-05-08 18:09:31"},{"ID":"5141","post_content":"

(c)\u00a0\u00a0\u00a0\u00a0 \u201cextraordinary exempt dividends\u201d <\/strong>means so much of the amount of the aggregate of any exempt dividends received or accrued within the period of 18 months contemplated in subparagraph (1)-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0as exceeds 15 per cent of the proceeds received or accrued from the disposal contemplated in that subparagraph \u037e and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0as has not been taken into account as an extraordinary dividend in terms of paragraph 43A<\/a> (2).<\/span><\/p>\n

[Item (c) substituted by section 69(1)(d) of Act 17 of 2009, by section 109(1)(b) of Act 24 of 2011 and by section 55(c) of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Extraordinary exempt dividends\" definition of Eighth Schedule","collection_order":1232,"collection":597,"post_modified":"2021-02-10 09:33:31","post_date":"2016-11-17 14:33:16"},{"ID":"2235","post_content":"

PART V<\/strong><\/p>\n

Base cost<\/strong><\/p>\n","post_title":"Part V - Base cost","collection_order":1233,"collection":597,"post_modified":"2017-05-25 19:12:44","post_date":"2015-10-15 12:13:07"},{"ID":"2237","post_content":"

20. \u00a0 \u00a0 Base cost of asset<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Despite section 23(b)<\/a> and (f)<\/a>, but subject to paragraphs 24<\/a>, 25<\/a> and 32<\/a> and subparagraphs (2) and (3), the base cost of an asset acquired by a person is the sum of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the expenditure actually incurred in respect of the cost of acquisition or creation of that asset;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the expenditure actually incurred in respect of the valuation of the asset for the purpose of determining a capital gain or capital loss in respect of the asset;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the following amounts actually incurred as expenditure directly related to the acquisition or disposal of that asset namely-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the remuneration of a surveyor, valuer, auctioneer, accountant, broker, agent, consultant or legal advisor, for services rendered;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 transfer costs;<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 stamp duty, transfer duty, tax payable in terms of the Securities Transfer Tax Act, 2007 (Act No. 25 of 2007), or similar duty or tax;<\/span><\/p>\n

[Subitem (iii) substituted by section 108 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 advertising costs to find a seller or to find a buyer;<\/span><\/p>\n

<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 the cost of moving that asset from one location to another;<\/span><\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 the cost of installation of that asset, including the cost of foundations and supporting structures;<\/span><\/p>\n

<\/p>\n

(vii)\u00a0\u00a0 despite section 23(d)<\/a>, in the case of a disposal of an asset by a person by way of a donation as contemplated in paragraph 38<\/a>, so much of any donations tax payable by that person in respect of that donation, as determined in accordance with paragraph 22<\/a>;<\/span><\/p>\n

<\/p>\n

(viii)\u00a0 despite section 23(d)<\/a>, if that person acquired that asset by way of a donation and the donations tax levied in respect of that donation was paid by that person, so much of the donations tax which bears to the full amount of the donations tax so payable the same ratio as the capital gain of the donor determined in respect of that donation, bears to the market value of that asset on the date of that donation; and<\/span><\/p>\n

<\/p>\n

(ix)\u00a0\u00a0\u00a0 if that asset was acquired or disposed of by the exercise of an option (other than the exercise of an option contemplated in item (f)), the expenditure actually incurred in respect of the acquisition of the option;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the expenditure actually incurred for purposes of establishing, maintaining or defending a legal title to or right in that asset;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0the expenditure actually incurred in effecting an improvement to or enhancement of the value of that asset\u037e<\/span><\/p>\n

[Item (e) substituted by section 56(1)(a) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 if that asset was acquired or disposed of by the exercise on or after valuation date of an option acquired prior to the valuation date, the valuation date value of that option, which value must be treated as expenditure actually incurred in respect of that asset on valuation date for the purposes of this Part;<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 one-third of the interest as contemplated in section 24J<\/a> excluding any interest contemplated in section 24O<\/a> on money borrowed to finance the expenditure contemplated in items (a) or (e) in respect of a share listed on a recognised exchange or a participatory interest in a portfolio of a collective investment scheme (including money borrowed to refinance those borrowings);<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 in the case of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a marketable security or an equity instrument, the acquisition or vesting, as the case may be, of which resulted in the determination of any gain or loss to be included in or deducted from any person\u2019s income in terms of section 8A<\/a> or 8C<\/a>, the market value of that marketable security or equity instrument or amount received or accrued from the disposal thereof, as the case may be, that was taken into account in determining the amount of that gain or loss (including where the gain and loss so determined was nil);<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any other asset \u2013<\/span><\/p>\n

<\/p>\n

(aa) \u00a0 so much of an amount that has been included in that person\u2019s income in terms of section 8<\/a>(5), as having been applied towards the reduction of the purchase price of that asset;<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 where an amount has been included in any person\u2019s gross income in terms of paragraph (i) of the definition of \u201cgross income\u201d in section 1<\/a>, the value placed on the asset under the Seventh Schedule<\/a> for purposes of determining the amount so included in that person\u2019s gross income;<\/span><\/p>\n

<\/p>\n

(cc) \u00a0 where an amount has been included in that person\u2019s gross income in terms of paragraph (h) of the definition of \u201cgross income\u201d in section 1<\/a> in respect of that asset, so much of that amount so included as exceeds the amount of any allowance granted to that person in terms of section 11(h)<\/a>; or<\/span><\/p>\n

<\/p>\n

(dd)\u00a0\u00a0 where an amount has been included in that person\u2019s gross income in terms of paragraph (c) of the definition of \u2018gross income\u2019 in section 1<\/a>, the value placed on the asset for the purposes of determining the amount so included in that person\u2019s gross income;<\/span><\/p>\n

<\/p>\n

(iii)<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0 a right in a controlled foreign company held directly by a resident, an amount equal to the proportional amount of the net income (without having regard to the percentage adjustments contemplated in paragraph 10<\/a>) of that company and of any other controlled foreign company in which that controlled foreign company and that resident directly or indirectly have an interest, which was included in the income of that resident in terms of section 9D<\/a> during any year of assessment, reduced by the amount of any foreign dividend distributed by that company to that resident during any year of assessment which was exempt from tax in terms of section 10B<\/a>(2)(a) or (c); or<\/span><\/p>\n

[Subitem (aa) substituted by section 77 of Act 60 of 2008, section 110 of Act 24 of 2011 and section 108 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 a right in a controlled foreign company held directly by another controlled foreign company, an amount equal to the proportional amount of the net income (without having regard to the percentage adjustments contemplated in paragraph 10<\/a>) of that first-mentioned controlled foreign company and of any other controlled foreign company in which both the first- and second-mentioned controlled foreign companies directly or indirectly have an interest, which during any year of assessment would have been included in the income of that second-mentioned controlled foreign company in terms of section 9D<\/a> had it been a resident, reduced by the amount of any foreign dividend distributed by that first-mentioned controlled foreign company to the second-mentioned controlled foreign company if that dividend would have been exempt from tax in terms of section 10B<\/a>(2)(a) or (c) had that second-mentioned controlled foreign company been a resident;<\/span><\/p>\n

[Subitem (iii) substituted by section 26 of Act 19 of 2001, section 75 of Act 60 of 2001, section 71 of Act 74 of 2002, section 95 of Act 45 of 2003, section 68 of Act 31 of 2005, section 73 of Act 35 of 2007, section 52 of Act 3 of 2008 and section 110 of Act 24 of 2011 and section 108 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iv) \u00a0 \u00a0a value shifting arrangement, an amount determined in accordance with paragraph 23, which must for the purposes of this Part be treated as expenditure incurred in respect of that asset.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(v) \u00a0 an asset which was acquired by a resident by way of inheritance from the deceased estate of a person who at the time of his or her death was not resident \u2013<\/span><\/p>\n

<\/p>\n

(aa)\u00a0\u00a0 the market value of that asset immediately before the death of that deceased person; and<\/span><\/p>\n

<\/p>\n

(bb)\u00a0\u00a0 any expenditure contemplated in this paragraph incurred by the executor of that deceased estate in respect of that asset in the process of liquidation or distribution of that deceased estate:<\/span><\/p>\n

<\/p>\n

Provided that this subitem does not apply in respect of any asset so acquired which constituted an asset of that deceased person as contemplated in paragraph 2<\/a>(1)(b);<\/p>\n

<\/p>\n

(vi)\u00a0\u00a0\u00a0 an asset which was acquired on or after the valuation date by a person from a person who at the time of that acquisition was not a resident by means of a donation or for a consideration not measurable in money or where the person acquiring the asset is a connected person in relation to the person that is not a resident, for a consideration which does not reflect an arm\u2019s length price, the market value of that asset on the date of its acquisition:<\/span><\/p>\n

[Subitem (vi) inserted by section 77 of Act 60 of 2008 and substituted by section 84 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

Provided that where subitem (i), (ii)(bb) or (dd) applies, that person must for purposes of this paragraph disregard any expenditure actually incurred by that person in respect of that asset prior to the date on which \u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the market value or value placed on the asset under the Seventh Schedule, as the case may be, is determined; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the asset was disposed of, where the amount received or accrued from the disposal is taken into account in determining the gain or loss in terms of section 8C<\/a>.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The expenditure incurred by a person in respect of an asset does not include any of the following amounts-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0borrowing costs, including any interest as contemplated in section 24J<\/a>, raising fees, bond registration costs or bond cancellation costs\u037e<\/span><\/p>\n

[Item (a) amended by section 26(1)(f) of Act 19 of 2001 and substituted by section 56(1)(b) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 expenditure on repairs, maintenance, protection, insurance, rates and taxes, or similar expenditure, other than borrowing costs and expenditure contemplated in subparagraph (1)(g); and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the valuation date value of any option or right to acquire any marketable security contemplated in section 8A<\/a>(1).<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The expenditure contemplated in subparagraph (1)(a) to (g), incurred by a person in respect of an asset must be reduced by any amount which \u2013<\/span><\/p>\n

<\/p>\n

(a)<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is or was allowable or is deemed to have been allowed as a deduction in determining the taxable income of that person; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 is not included in the taxable income of that person in terms of section 9C<\/a>(5),<\/span><\/p>\n

<\/p>\n

before the inclusion of any taxable capital gain; or<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 has for any reason been reduced or recovered or become recover able from or has been paid by any other person (whether prior to or after the incurral of the expense to which it relates), to the extent that such amount is not-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 taken into account as a recoupment in terms of section 8<\/a>(4)(a) or paragraph (j) of the definition of \u2018gross income\u2019;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 reduced in terms of section 12P<\/a>; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0 applied to reduce an amount of expenditure incurred in respect of-<\/span><\/p>\n

<\/p>\n

(aa) trading stock as contemplated in section 19<\/a>(3)\u037e or<\/span><\/p>\n

<\/p>\n

(bb) any other asset as contemplated in paragraph 12A<\/a>(3)\u037e or<\/span><\/p>\n

[Sub\u00ad item (iii) substituted by section 56(1)(c) of Act 34 of 2019 deemed effective on 1 January, 2018 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0is exempt from tax in terms of section 10(1)(yA)<\/a> and is granted or paid for purposes of the acquisition of that asset.<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 A person who-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 disposed of an asset to another person in terms of an agreement; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 reacquired that asset from that other person by reason of the cancellation or termination of that agreement and the restoration of both persons to the position they were in prior to entering into that agreement,<\/span><\/p>\n

<\/p>\n

must be treated as having acquired that asset for an amount equal to-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the base cost of that asset prior to that disposal; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 so much of any expenditure incurred in respect of that asset by that other person that has been recovered from that person as would have constituted expenditure contemplated in subparagraph (1)(e) had it been incurred by that person.<\/span><\/p>\n

[Subparagraph (4) added by section 45 of Act 20 of 2006, substituted by section 60 of Act 8 of 2007, deleted by section 130 of Act 31 of 2013, re-inserted by section 108 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n","post_title":"Paragraph 20 (Eighth Schedule) - Base cost of asset","collection_order":1234,"collection":597,"post_modified":"2021-04-07 09:52:15","post_date":"2015-10-15 12:13:07"},{"ID":"2239","post_content":"

20A.\u00a0\u00a0\u00a0 Provisions relating to farming development expenditure<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Despite the provisions of paragraph 20<\/a>(3)(a), where a person carrying on pastoral, agricultural or other farming operations as contemplated in section 26<\/a>, incurred expenditure in respect of the matters referred to in items (c) to (i) of paragraph 12<\/a>(1) of the First Schedule<\/a> (referred to in this paragraph as \u2018capital development expenditure\u2019) and that person-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 ceased to carry on such pastoral, agricultural or other farming operations during any year of assessment; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 at any time thereafter disposes of immovable property on which those operations were carried on, <\/span><\/p>\n

<\/p>\n

that person may elect that the amount of the capital development expenditure, or part thereof, which is carried forward and deemed in terms of\u00a0paragraph\u00a012<\/a>(3)\u00a0of the\u00a0First Schedule\u00a0to be expenditure which has been incurred in the next succeeding year of assessment for purposes of\u00a0paragraph\u00a012<\/a>(1)\u00a0of the\u00a0First Schedule\u00a0(as reduced in terms of\u00a0paragraph\u00a012<\/a>(3B)\u00a0of the\u00a0First Schedule, if applicable), must be treated as expenditure incurred in respect of that immovable property for the purposes of this Part.<\/p>\n

[Subparagraph\u00a0(1)\u00a0amended by\u00a0section 48\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

\u00a0<\/strong><\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The amount of the capital development expenditure in respect of which the election may be made in terms of subparagraph (1) may not exceed ed the proceeds from the disposal of that immovable property contemplated in subparagraph (1), reduced by-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of a pre-valuation date asset, any other amount allowable in terms of paragraph 25<\/a>; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in any other case, an amount allowable in terms of paragraph 20<\/a>.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where a person adopts or determines the market value of immovable property on which pastoral, agricultural or other farming operations were carried on as the valuation date value of that asset in terms of paragraph 29<\/a>(4), only capital development expenditure incurred by that person on or after 1 October 2001 must be taken into account for the purpose of calculating the amount in respect of which an election can be made in terms of subparagraph (1).<\/span><\/p>\n","post_title":"Paragraph 20A (Eighth Schedule) - Provisions relating to farming development expenditure","collection_order":1235,"collection":597,"post_modified":"2022-02-05 22:59:03","post_date":"2015-10-15 12:13:07"},{"ID":"2241","post_content":"

21. \u00a0 \u00a0 Limitation of expenditure<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where, but for the provisions of this subparagraph, an amount qualifies or has qualified as an allowable expenditure or may otherwise be taken into account in determining a capital gain or capital loss under more than one provision of this Schedule, that amount or portion thereof, shall not be allowed as expenditure or be taken into account more than once in determining that capital gain or capital loss.<\/span><\/p>\n

\u00a0<\/p>\n

(2) \u00a0 \u00a0 No expenditure shall be allowed under paragraph 20<\/a>(1)(a) or (e) where any amount of that expenditure is allowable under any other provision of this Schedule, despite that that other provision imposes any limitation on the amount of the expenditure.<\/span><\/p>\n","post_title":"Paragraph 21 (Eighth Schedule) - Limitation of expenditure","collection_order":1236,"collection":597,"post_modified":"2017-01-14 18:16:09","post_date":"2015-10-15 12:13:07"},{"ID":"2243","post_content":"

22. \u00a0 \u00a0Amount of donations tax to be included in base cost<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

The amount of the donations tax payable by a person in respect of the disposal of an asset which may be taken into account in terms of paragraph 20<\/a>(1)(c)(vii) must be determined in accordance with the formula-<\/p>\n

\u00a0<\/p>\n

Y \u00a0 \u00a0 \u00a0 = \u00a0 \u00a0 \u00a0 (M \u00a0\u2013 \u00a0A)<\/span>\u00a0 \u00a0x \u00a0 D<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 M<\/p>\n

\u00a0<\/p>\n

where-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u201cY\u201d represents the amount to be determined;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u201cM\u201d represents the market value of the asset donated in respect of which the donations tax is payable;<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u201cA\u201d represents all amounts allowed to be taken into account in determining the base cost of the asset in terms of this Part (other than paragraph 20<\/a>(1)(c)(vii)); and<\/span><\/p>\n


<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u201cD\u201d represents the total amount of donations tax so payable:<\/span><\/p>\n

\u00a0<\/p>\n

Provided that where the amount included in \u201cA\u201d is greater than the amount included in \u201cM\u201d, the amount of donations tax to be taken into account in terms of paragraph 20<\/a>(1)(c)(vii) shall be nil.<\/p>\n","post_title":"Paragraph 22 (Eighth Schedule) - Amount of donations tax to be included in base cost","collection_order":1237,"collection":597,"post_modified":"2017-05-25 19:20:53","post_date":"2015-10-15 12:13:07"},{"ID":"2245","post_content":"

23. \u00a0 \u00a0 Base cost in respect of value shifting arrangement<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

In the case of a disposal by way of a value shifting arrangement-<\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0the base cost of a person\u2019s interest to which paragraph 11<\/a>(1)(g) applies, is determined in accordance with the formula-<\/span><\/p>\n

\u00a0<\/p>\n

Y \u00a0 \u00a0 \u00a0= \u00a0 \u00a0 \u00a0(A \u2013 C)<\/span> \u00a0 \u00a0\u00a0\u00a0x \u00a0 \u00a0 \u00a0B<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0A<\/p>\n

where-<\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u00a0\u201cY\u201d represents the amount to be determined;<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 \u201cA\u201d is the market value of that person\u2019s interests immediately prior to the disposal;<\/span><\/p>\n


<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 \u201cB\u201d is the person\u2019s base cost of the interests calculated immediately prior to the disposal; and<\/span><\/p>\n


<\/span><\/p>\n

(iv) \u00a0 \u00a0\u201cC\u201d is the market value of that person\u2019s interests immediately after the disposal.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the base cost of a person-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 whose interests increased in value as a result of a value shifting arrangement contemplated in subparagraph (a) is increased by that proportion of the proceeds on disposal contemplated in paragraph 35<\/a>(2) in respect of the value shifting arrangement which resulted in the increase in market value of that person\u2019s interest; or<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 who acquires a direct or indirect interest in the company, trust or partnership, is that proportion of the proceeds of disposal contemplated in paragraph 35<\/a>(2) in respect of the value shifting arrangement which resulted in the acquisition of that interest.<\/span><\/p>\n","post_title":"Paragraph 23 (Eighth Schedule) - Base cost in respect of value shifting arrangement","collection_order":1238,"collection":597,"post_modified":"2017-01-14 20:51:48","post_date":"2015-10-15 12:13:07"},{"ID":"2247","post_content":"

24. \u00a0 \u00a0 Base cost of asset of a person who becomes a resident on or after valuation date<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The base cost of an asset, other than an asset situated in the Republic listed in paragraph 2<\/a>(1)(b)(i) and (ii) or an asset held by a person if any amount received or accrued from the disposal of the asset would be taken into account for purposes of determining the net income as contemplated in section 9D<\/a> of that person, acquired by a person before the date on which that person became a resident is the sum of the value of that asset determined in terms of subparagraphs (2) or (3) and the expenditure allowable in terms of paragraph 20<\/a> incurred on or after that date in respect of that asset.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where an asset contemplated in paragraph 12<\/a>(2) or (4) has been disposed of by a person on or after the date on which that person commenced to be a resident and the proceeds from that disposal and the expenditure allowable in terms of paragraph 20<\/a> incurred prior to that date (determined without regard to paragraph 12<\/a>(2) or (4)) in respect of that asset are each lower than the market value of that asset as contemplated in paragraph 12<\/a>(2) or (4), that person must be treated as having acquired that asset at a cost equal to the higher of-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the expenditure allowable in terms of paragraph 20<\/a> incurred in respect of that asset prior to that date; or<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 those proceeds less the expenditure allowable in terms of paragraph 20<\/a> incurred on or after that date in respect of that asset.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where an asset contemplated in paragraph 12<\/a>(2) or (4) has been disposed of by a person on or after the date on which that person commenced to be a resident and the proceeds from the disposal of that asset and the market value of that asset as contemplated in paragraph 12<\/a>(2) or (4) are each lower than the expenditure allowable in terms of paragraph 20<\/a> incurred prior to that date (determined without regard to paragraph 12<\/a>(2) or (4)) in respect of that asset, that person must be treated as having acquired that asset at a cost equal to the higher of-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that market value; or<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 those proceeds less the expenditure allowable in terms of paragraph 20<\/a> incurred on or after that date in respect of that asset.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The provisions of this paragraph do not apply in respect of any asset of a person who became a resident before 1 October 2001.<\/span><\/p>\n","post_title":"Paragraph 24 (Eighth Schedule) - Base cost of asset of a person who becomes a resident on or after valuation date","collection_order":1239,"collection":597,"post_modified":"2017-01-14 20:10:02","post_date":"2015-10-15 12:13:07"},{"ID":"2249","post_content":"

25. \u00a0 \u00a0 Determination of base cost of pre-valuation date assets<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The base cost of a pre-valuation date asset (other than an identical asset in respect of which paragraph 32<\/a>(3A) has been applied), is the sum of the valuation date value of that asset, as determined in terms of paragraph 26<\/a>, 27<\/a> or 28<\/a>, and the expenditure allowable in terms of paragraph 20<\/a> incurred on or after the valuation date in respect of that asset.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 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-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 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;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 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;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 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<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 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,<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

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.<\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 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<\/a>(b)(iii) or 4<\/a>(b)(iii).<\/span><\/p>\n","post_title":"Paragraph 25 (Eighth Schedule) - Determination of base cost of pre-valuation date assets","collection_order":1240,"collection":597,"post_modified":"2017-01-14 18:16:13","post_date":"2015-10-15 12:13:07"},{"ID":"2251","post_content":"

26. \u00a0 \u00a0Valuation date value where proceeds exceed expenditure or where expenditure in respect of an asset cannot <\/strong>be determined<\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where the proceeds from the disposal of a pre-valuation date asset (other than an asset contemplated in paragraph 28<\/a> or in respect of which paragraph 32<\/a>(3A) has been applied) exceed the expenditure allowable in terms of paragraph 20<\/a> incurred before, on and after the valuation date in respect of that asset, the person who disposed of that asset must, subject to subparagraph (3), adopt any of the following as the valuation date value of that asset-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the market value of the asset on the valuation date as contemplated in paragraph 29<\/a>;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 20 per cent of the proceeds from disposal of the asset, after deducting from those proceeds an amount equal to the expenditure allowable in terms of paragraph 20<\/a> incurred on or after the valuation date; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the time-apportionment base cost of the asset as contemplated in paragraph 30<\/a>.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where the expenditure incurred before valuation date in respect of a pre-valuation date asset cannot be determined by the person who disposed of that asset or the Commissioner, that person must adopt any of the following as the valuation date value of that asset-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the market value of the asset on the valuation date as contemplated in paragraph 29<\/a>; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 20 per cent of the proceeds from disposal of the asset, after deducting from those proceeds an amount equal to the expenditure allowable in terms of paragraph 20<\/a> incurred on or after the valuation date.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where a person has adopted the market value as the valuation date value of an asset, as contemplated in subparagraph (1)(a), and the proceeds from the disposal of that asset do not exceed that market value, that person must substitute as the valuation date value of that asset, those proceeds less the expenditure allowable in terms of paragraph 20<\/a> incurred on or after the valuation date in respect of that asset.<\/span><\/p>\n","post_title":"Paragraph 26 (Eighth Schedule) - Valuation date value where proceeds exceed expenditure or where expenditure in respect of an asset cannot be determined","collection_order":1241,"collection":597,"post_modified":"2017-01-14 18:16:14","post_date":"2015-10-15 12:13:07"},{"ID":"2253","post_content":"

27. \u00a0 \u00a0 Valuation date value where proceeds do not exceed expenditure<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to subparagraph (2), where the proceeds from the disposal of a pre-valuation date asset do not exceed the expenditure allowable in terms of paragraph 20<\/a> incurred before, on and after the valuation date in respect of that asset, the valuation date value of that asset must be determined in terms of this paragraph.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 This paragraph does not apply in respect of any asset contemplated in paragraph 28<\/a> or in respect of which paragraph 32<\/a>(3A) has been applied.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where a person has determined the market value of an asset on the valuation date, as contemplated in paragraph 29<\/a>, or the market value of an asset has been published in terms of that paragraph, and-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the expenditure allowable in terms of paragraph 20<\/a> incurred before the valuation date in respect of that asset-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(i) \u00a0 \u00a0 \u00a0is equal to or exceeds the proceeds from the disposal of that asset; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii) \u00a0 \u00a0 exceeds the market value of that asset on valuation date, the valuation date value of that asset must be the higher of-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(aa) \u00a0 that market value; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(bb) \u00a0 those proceeds less the expenditure allowable in terms of paragraph 20<\/a> incurred on or after the valuation date in respect of that asset; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the provisions of item (a) do not apply, the valuation date value of that asset must be the lower of-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(i) \u00a0 \u00a0 \u00a0that market value; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii) \u00a0\u00a0\u00a0 the time-apportionment base cost of that asset as contemplated in paragraph 30<\/a>.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where the provisions of subparagraph (3) do not apply, the valuation date value of that asset, contemplated in subparagraph (1), is the time-apportionment base cost of that asset, as contemplated in paragraph 30<\/a>.<\/span><\/p>\n","post_title":"Paragraph 27 (Eighth Schedule) - Valuation date value where proceeds do not exceed expenditure","collection_order":1242,"collection":597,"post_modified":"2017-01-14 18:16:15","post_date":"2015-10-15 12:13:07"},{"ID":"2255","post_content":"

28. \u00a0 \u00a0 Valuation date value of an instrument<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Despite paragraph 29<\/a>, the valuation date value of an instrument as defined in section 24J<\/a> must be-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the adjusted initial amount as determined in terms of that section on valuation date; or<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the price which could have been obtained upon a sale of that instrument between a willing buyer and a willing seller dealing at arm\u2019s length in an open market-<\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of an instrument which is listed on a recognised exchange, on the last trading day before valuation date; or<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in any other case, on valuation date.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where a person has adopted the adjusted initial amount as the valuation date value of an instrument (other than an instrument listed on a recognised exchange), as contemplated in subparagraph (1)(a), and the proceeds from the disposal of that instrument are less than that adjusted initial amount, the valuation date value of that instrument must be the time-apportionment base cost of that instrument, as contemplated in paragraph 30<\/a>.<\/span><\/p>\n","post_title":"Paragraph 28 (Eighth Schedule) - Valuation date value of an instrument","collection_order":1243,"collection":597,"post_modified":"2017-01-14 19:36:38","post_date":"2015-10-15 12:13:07"},{"ID":"2257","post_content":"

29. \u00a0 \u00a0 Market value on valuation date<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The market value on the valuation date of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a financial instrument listed on a recognised exchange and for which a price was quoted on that exchange both before and after the valuation date is, subject to subparagraph (2) and (2A), in the case of a financial instrument listed on an exchange-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the Republic, the price published by the Commissioner in the Gazette, which is the aggregate value of all transactions in that financial instrument as traded on that recognised exchange during the five business days preceding the valuation date, divided by the total quantity of that financial instrument traded during the same period; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 outside the Republic and which is not listed on any exchange in the Republic, the ruling price in respect of that financial instrument on that recognised exchange on the last business day before valuation date;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an asset which is not listed on a recognised exchange and which constitutes a right of a unit holder or holder of a participatory interest, as the case may be, in-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any company contemplated in paragraph (e)(i) of the definition of \u201ccompany\u201d in section 1<\/a> of the Act, or any unit portfolio comprised in any unit trust scheme in property shares carried on in the Republic, the price published by the Commissioner in the Gazette, which is the average of the price at which a unit could be sold to the management company of the scheme for the last five trading days before valuation date; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any arrangement or scheme contemplated in paragraph (e)(ii) of the definition of \u201ccompany\u201d, the last price published before valuation date at which a participatory interest could be sold to the management company of the scheme or where there is not a management company the price which could have been obtained upon a sale of the asset between a willing buyer and a willing seller dealing at arm\u2019s length in an open market on valuation date;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any other asset, the market value determined in terms of paragraph 31<\/a> on valuation date.<\/span><\/p>\n

<\/p>\n

(2) \u00a0 Where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a person holds a controlling interest in a company the shares of which are listed on a recognised exchange, and that entire controlling interest is disposed of to another person (who is not a connected person in relation to that person), who acquires that entire controlling interest; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the price per share for which that controlling interest has been so disposed of deviates from the ruling price in respect of that share on the date prior to the announcement of the transaction,<\/span><\/p>\n

<\/p>\n

the valuation date market value of that share so disposed of, as determined in terms of subparagraph (1)(a), must be increased or decreased, as the case may be, by an amount which bears to that market value the same ratio as the deviation bears to that ruling price.<\/p>\n

<\/p>\n

(2A)\u00a0 Where-<\/span><\/p>\n

<\/p>\n

(i)\u00a0 \u00a0\u00a0\u00a0 a financial instrument listed on an exchange in the Republic was not traded during the last five business days preceding valuation date;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 a financial instrument listed on an exchange in the Republic is suspended for any period during September 2001; or<\/span><\/p>\n

<\/p>\n

(iii) \u00a0\u00a0 the market value of a financial instrument determined in terms of subparagraph (1)(a)(i), exceeds the average of the ruling price of that financial instrument, determined for the first 14 business days of the month of September 2001, by five per cent or more,<\/span><\/p>\n

<\/p>\n

the Commissioner must, after consultation with the recognised exchange and the Financial Services Board, determine the market value of that financial instrument having regard to the value of the financial instrument, circumstances surrounding the suspension of that financial instrument or reasons for the increase in the value of that financial instrument.<\/p>\n

[Words following item (iii) substituted by section 85 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph \u201ccontrolling interest\u201d in a company means an interest in more than 35 per cent of the equity shares in that company.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 For the purposes of paragraphs 26<\/a>(1)(a) and 27<\/a>(3), a person may only adopt or determine the market value as the valuation date value of that asset if \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case where the valuation date is 1 October 2001 \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that person has valued that asset on or before 30 September 2004;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the price of that asset has been published by the Commissioner in terms of this paragraph in the Gazette; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0 that person has acquired that asset from that person\u2019s spouse as contemplated in section 9HB<\/a> and the transferor spouse had adopted or determined a market value in terms of this paragraph and for this purpose the transferee spouse must be treated as having adopted or determined that same market value\u037e or<\/span><\/p>\n

[Sub\u00aditem (iii) substituted by section 57 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case where the valuation date is after 1 October 2001 \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that person has valued that asset within two years after valuation date; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that asset is one contemplated in paragraph 31<\/a>(1)(a) or (c)(i) and the market value of that asset on valuation date is determined in terms of one of those paragraphs.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Despite subparagraph (4), where a person has valued an asset and-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the market value of that asset exceeds R10 million;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that asset is an intangible asset (excluding financial instruments) and the market value thereof exceeds R1 million, or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that asset is an unlisted share in a company and the market value of all the shares held by that person in that company exceeds R10 million,<\/span><\/p>\n

<\/p>\n

that person may only adopt the market value as the valuation date value of that asset if that person has furnished proof of that valuation to the Commissioner in the form as the Commissioner may prescribe, with the first return submitted by that person after the date or period contemplated in subparagraph (4).<\/p>\n

[Words following item (c) substituted by section 13 of Act 44 of 2014 and section 109 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Where a person disposes of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an asset contemplated in subparagraph (5)(a), (b) or (c) which has been valued before proof of valuation is submitted as contemplated in that subparagraph; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any other asset which has been valued,<\/span><\/p>\n

<\/p>\n

that person must retain proof of that valuation.<\/p>\n

[Words following item (b) substituted by section 13 of Act 44 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 The Commissioner may, notwithstanding any proof of valuation submitted by a person to the Commissioner as contemplated in subparagraph (5) or (6)-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 request any such further information or documents relating to that valuation; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 where the Commissioner is not satisfied with any value at which an asset has been valued, the Commissioner may adjust the value accordingly.<\/span><\/p>\n

<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 Where the valuation date of a person is after 1 October 2001 the provisions of subparagraphs (1)(a), (1)(b)(i), (2), (2A), (3), (5) and (6)(a) do not apply.<\/span><\/p>\n","post_title":"Paragraph 29 (Eighth Schedule) - Market value on valuation date","collection_order":1244,"collection":597,"post_modified":"2021-02-10 09:34:03","post_date":"2015-10-15 12:13:07"},{"ID":"2259","post_content":"

30. \u00a0 \u00a0 Time-apportionment base cost<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to subparagraph (3), the time-apportionment base cost of a pre-valuation date asset is determined in accordance with the formula-<\/span><\/p>\n

\u00a0<\/p>\n

Y \u00a0 \u00a0 = \u00a0 \u00a0 B \u00a0 \u00a0 + \u00a0 \u00a0\u00a0[(P \u2013 B) x N]<\/span><\/p>\n

T + N<\/p>\n

\u00a0<\/p>\n

where-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u201cY\u201d represents the amount to be determined;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u201cB\u201d represents the amount of expenditure incurred prior to the valuation date in respect of that asset that is allowable before, on or after the valuation date in terms of paragraph 20<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u201cP\u201d represents the proceeds as determined in terms of paragraph 35<\/a>, in respect of the disposal of that asset, or where subparagraph (2) applies, the amount of proceeds attributable to the expenditure in \u201cB\u201d as determined in accordance with subparagraph (2);<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u201cN\u201d represents the number of years determine from the date that the asset was acquired to the day before valuation date, which number of years may not exceed 20 in the case where the expenditure allowable in terms of paragraph 20<\/a> in respect of that asset was incurred in more than one year of assessment prior to the valuation date;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u201cT\u201d represents the number of years determined from valuation date until the date the asset was disposed of after valuation date.<\/span><\/p>\n

\u00a0<\/p>\n

Provided that for purposes of items (d) and (e) a part of a year must be treated as a full year.<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where a portion of the expenditure allowable in terms of paragraph 20<\/a> in respect of a pre-valuation date asset was incurred on or after the valuation date, the proceeds to be used in the determination of the time apportionment base cost of the asset must be determined in accordance with the formula-<\/span><\/p>\n

\u00a0<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 <\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 P \u00a0 \u00a0 \u00a0= \u00a0 \u00a0 \u00a0R \u00a0 \u00a0 \u00a0x \u00a0 \u00a0 \u00a0 <\/span> <\/span>B<\/span> <\/span> <\/span><\/span> <\/span><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 (A + B)<\/p>\n

\u00a0<\/p>\n

where-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u201cP\u201d represents the proceeds attributable to B;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u201cR\u201d represents the total amount of proceeds as determined in terms of paragraph 35<\/a> in consequence of the disposal of the pre-valuation date asset;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u201cA\u201d represents the amount of expenditure allowable in terms of paragraph 20<\/a> in respect of the asset that is incurred on or after valuation date;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u201cB\u201d represents the amount of expenditure incurred prior to the valuation date in respect of that asset that is allowable before, on or after the valuation date in terms of paragraph 20<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 A person must determine the time-apportionment base cost of a pre-valuation date asset in terms of subparagraph (4) where \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that person has incurred expenditure contemplated in paragraph 20<\/a>(1)(a), (c) or (e) on or after the valuation date;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any part of the expenditure contemplated in paragraph 20<\/a>(1)(a), (c) or (e) incurred before, on or after the valuation date is or was allowable as a deduction in determining the taxable income of that person before the inclusion of any taxable capital gain; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the proceeds in respect of the disposal of that asset exceed the expenditure allowable in terms of paragraph 20<\/a> incurred before, on and after the valuation date in respect of that asset<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The time-apportionment base cost of a pre-valuation date asset referred to in subparagraph (3) is determined in accordance with the formulae-<\/span><\/p>\n

\u00a0<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Y = B + [(P1<\/sub> \u2013 B1<\/sub> x N]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0T + N<\/p>\n

\u00a0<\/p>\n

and<\/p>\n

\u00a0<\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0P1 \u00a0 \u00a0\u00a0<\/sub> = \u00a0 \u00a0 \u00a0\u00a0R1<\/sub> x B1<\/sub><\/span><\/p>\n

\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0(A1<\/sub> + B1<\/sub>)<\/p>\n

\u00a0<\/p>\n

where \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 \u201cY\u201d represents the time apportionment base cost of the asset;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u201cP1<\/sub>\u201d represents the proceeds attributable to the expenditure in B1<\/sub>;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u201cA1<\/sub>\u201d represents the sum of the expenditure allowable in terms of paragraph 20<\/a> in respect of the asset that is incurred on or after valuation date and any amount of that expenditure that has been recovered or recouped as contemplated in paragraph 35<\/a>(3)(a);<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2018B1<\/sub>\u2019 represents the sum of the expenditure allowable in terms of paragraph 20<\/a> in respect of the asset that is incurred before valuation date, and any amount of that expenditure that has been recovered or recouped as contemplated in paragraph 35<\/a>(3)(a).<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 \u201cB\u201d, \u201cN\u201d and \u201cT\u201d bear the same meanings ascribed to those symbols in subparagraph (1); and<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 \u2018R1<\/sub>\u2019 represents the sum of the proceeds and any amount contemplated in paragraph 35<\/a>(3)(a) in respect of that asset.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 For purposes of this paragraph \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any selling expenses incurred on or after the valuation date must be deducted from the following amounts \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case where subparagraph (2) or (3) applies, the amounts represented by the symbols \u2018R\u2019 and \u2018R1\u2019, respectively; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in any other case, the amount represented by the symbol \u2018P\u2019;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 except for subparagraph (3)(c) any reference to expenditure allowable in terms of paragraph 20<\/a> must exclude selling expenses; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2018selling expenses\u2019 means expenditure \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 contemplated in paragraph 20<\/a>(1)(c)(i) to (iv) incurred directly for the purposes of disposing of that asset; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 which would, but for the provisions of item (b), have constituted expenditure allowable in terms of paragraph 20<\/a>.<\/span><\/p>\n","post_title":"Paragraph 30 (Eighth Schedule) - Time-apportionment base cost","collection_order":1245,"collection":597,"post_modified":"2017-07-23 19:08:31","post_date":"2015-10-15 12:13:07"},{"ID":"2261","post_content":"

31. \u00a0 \u00a0 Market value<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The market value of an asset on a specified date is in the case of \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an asset which is a financial instrument listed on a recognised exchange and for which a price was quoted on that exchange, is the ruling price in respect of that financial instrument on that recognised exchange at close of business on the last business day before that date.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an asset which is a long-term insurance policy, being a policy as defined in section 1 of the Long-term Insurance Act the greater of-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the amount which would be payable to the policyholder upon the surrender of that policy on that day; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the amount which according to the insurer is the fair market value of that policy should it run its remaining policy term as determined on that day;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 an asset which is not listed on a recognised exchange which constitutes a right of a holder of a participatory interest in \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any portfolio of a collective investment scheme in securities, or any portfolio of a collective investment scheme in property, carried on in the Republic, the price at which a participatory interest can be sold to the management company of the scheme on that date; or<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any arrangement or scheme contemplated in paragraph (e)(ii) of the definition of \u2018company\u2019, the price at which a participatory interest can be sold to the management company of the scheme on that date or where there is not a management company the price which could have been obtained upon a sale of the asset between a willing buyer and a willing seller dealing at arm\u2019s length in an open market on that date;<\/span><\/p>\n


<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 a fiduciary, usufructuary or other similar interest in any asset, an amount determined by capitalizing at 12 per cent the annual value of the right of enjoyment of the asset subject to that fiduciary, usufructuary or other like interest, as determined in terms of subparagraph (2), over the expectation of life of the person to whom that interest was granted, or if that right of enjoyment is to be held for a lesser period than the life of that person, over that lesser period;<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 any asset which is subject to a fiduciary, usufructuary or other similar interest in favour of any person, the amount by which the market value of the full ownership of that asset exceeds the value of that fiduciary, usufructuary or other like interest determined in accordance with item (d);<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 any asset which constitutes immovable property on which a bona fide<\/em> farming undertaking is being carried on, subject to subparagraph (4), either-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the value of that property determined as contemplated in paragraph (b) of the definition of \u201cfair market value\u201d in section 1 of the Estate Duty Act; or<\/span><\/p>\n

[Subitem (i) substituted by section 86 of Act 43 of 2014 effective on 20 January 2015] <\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the price contemplated in item (g);<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 any other asset, the price which could have been obtained upon a sale of the asset between a willing buyer and a willing seller dealing at arm\u2019s length in an open market.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For purposes of subparagraph (1)(d) \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the annual value of the right of enjoyment of any asset which is subject to any fiduciary, usufructuary or other like interest, means an amount equal to 12 per cent of the market value of the full ownership of the asset: Provided that where the asset which is subject to that interest cannot reasonably be expected to produce an annual yield equal to 12 per cent on that value of the asset, the Commissioner must decide, on application by the taxpayer, such sum as reasonably represents the annual yield, and the sum so fixed must for the purposes of subparagraph (1)(d) be treated as being the annual value of the right of enjoyment of that asset; and<\/span><\/p>\n

[Item (a) substituted by section 110 of Act 25 of 2015 effective on 8 January 2016]\u00a0<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the expectation of life of a person to whom an interest was granted-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of a natural person, must be determined in accordance with the provisions applicable in determining the expectation of life of a person for estate duty purposes, as contemplated in the regulations issued in terms of section 29 of the Estate Duty Act, 1955; and<\/span><\/p>\n

[Subitem (i) substituted by section 86 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case of a person other than a natural person, is a period of fifty years.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The market value of any shares of a person in a company not listed on a recognised exchange must be determined at a value equal to the price which could have been obtained upon a sale of the share between a willing buyer and a willing seller dealing at arm\u2019s length in an open market subject to the following-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 no regard shall be had to any provision-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 restricting the transferability of the shares therein, and it shall be assumed that those shares were freely transferable; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 whereby or whereunder the value of the shares is to be determined;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if upon the winding-up of the company that person would have been entitled to share in the assets of the company to an extent that is not in proportion to that person\u2019s holding of shares, the value of the shares held by that holder of shares must not be less than the amount to which that holder of shares would have been so entitled if the company had been in the course of winding-up and the said amount had been determined as at valuation date.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 The value contemplated in subparagraph (1)(f)(i) may only be used on the death of a person or when the immovable property is disposed of by way of donation or non-arm\u2019s length transaction, if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that value was used for the purposes of paragraph 26<\/a> or 27<\/a>; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the person acquired the immovable property by way of donation or inheritance or non-arm\u2019s length transaction at that value.<\/span><\/p>\n","post_title":"Paragraph 31 (Eighth Schedule) - Market value","collection_order":1246,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:07"},{"ID":"2263","post_content":"

32. \u00a0 \u00a0 Base cost of identical assets<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 This paragraph applies to assets which form part of a holding of identical assets.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph \u201cidentical assets\u201d means a group of similar assets which-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if any one of them were disposed of, would realise the same amount regardless of which of them was so disposed of; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 are not able to be individually distinguished apart from any identifying numbers which they may bear.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Subject to subparagraphs (3A) and (3B), the base cost of identical assets must be determined by using one of the following methods-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 specific identification; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the first in first out method.<\/span><\/p>\n

\u00a0<\/p>\n

(3A) \u00a0 The weighted average method of determining base cost of assets, as contemplated in subparagraph (4), may be used for identical assets that do not constitute assets contemplated in subparagraph (3B) and which-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 from the date of acquisition to the date of disposal constituted assets contemplated in paragraph 31<\/a>(1)(a), other than instruments contemplated in item (d);<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 constitute participatory interests \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 contemplated in paragraph 31<\/a>(1)(c), where the prices of these participatory interests or shares are regularly published in a national or international newspaper;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in any portfolio comprised in any collective investment scheme managed or carried on by a company registered as a manager under section 42 of the Collective Investment Schemes Control Act for purposes of Parts IV an V of that Act; or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 in any arrangement or scheme contemplated in paragraph (e)(ii) of the definition of \u2018company\u2019 in section 1<\/a> of the Act, which is approved in terms of section 65 of the Collective Investment Schemes Control Act by the Registrar as defined in section 1 of the latter Act;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 constitute coins made mainly from gold or platinum, where the prices of these coins are regularly published in a national or international newspaper; or<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 from the date of acquisition to the date of disposal constituted instruments as defined in section 24J<\/a> that were listed on a recognised exchange and for which a price was quoted on that exchange,<\/span><\/p>\n

\u00a0<\/p>\n

and where a person uses the weighted average method for any identical asset contemplated in item (a), (b), (c) or (d), that method must be used for all identical assets, contemplated in that item, held by that person.<\/p>\n

\u00a0<\/p>\n

(3B) \u00a0 The weighted average method of determining base cost of assets, as contemplated in subparagraph (4), must be used for identical assets that are, in terms of section 29A, allocated to all the policyholder funds of an insurer as defined in that section: Provided that this subparagraph must not apply to any asset-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that constitutes-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an instrument as defined in section 24J<\/a>(1);<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an interest rate agreement as defined in section 24K<\/a>(1);<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 a contractual right or obligation the value of which is determined directly or indirectly with reference to-<\/span><\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 an instrument contemplated in subparagraph (i);<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 an interest rate agreement contemplated in subparagraph (ii); or<\/span><\/p>\n

\u00a0<\/p>\n

(cc)\u00a0\u00a0\u00a0 any specified rate of interest;<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 trading stock; or<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 a policy of reinsurance; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 held by an insurer if that insurer is a Category III Financial Services Provider as defined in section 29B<\/a>(1) and that asset is held by that insurer in its capacity as a Category III Financial Services Provider.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 In applying the weighted average method of determining base cost-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the weighed average base cost, on valuation date, of identical assets acquired and not disposed of before valuation date is equal to the valuation date value of those identical assets, as contemplated in paragraph 28<\/a>, or the market value of those identical assets, as contemplated in paragraph 29<\/a>, divided by the number of those identical assets; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the weighted average base cost, thereafter, of identical assets must be calculated by-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 adding expenditure allowable in terms of paragraph 20<\/a> in respect of identical assets to the base cost of identical assets acquired and not disposed of before that expenditure was incurred; and<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 dividing that amount by the number of identical assets acquired and not disposed of after that expenditure was incurred.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Once a person has adopted one of the methods specified in this paragraph in respect of a class of identical assets contemplated in subparagraph (3A), that method must be used until all those identical assets have been disposed of.<\/span><\/p>\n","post_title":"Paragraph 32 (Eighth Schedule) - Base cost of identical assets","collection_order":1247,"collection":597,"post_modified":"2017-07-23 19:09:31","post_date":"2015-10-15 12:13:07"},{"ID":"2265","post_content":"

33. \u00a0 \u00a0 Part-disposals<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to subparagraphs (2), (3), (4) and (5), where part of an asset is disposed of-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the proportion of the expenditure attributable to the part disposed of is an amount which bears to the expenditure allowable in terms of paragraph 20<\/a> in respect of the entire asset the same proportion as the market value of the part disposed of bears to the market value of the entire asset immediately prior to that disposal; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the market value on valuation date attributable to the part disposed of is an amount which bears to the market value adopted or determined in terms of paragraph 29<\/a>(4) in respect of the entire asset the same proportion as the market value of the part disposed of bears to the market value of the entire asset immediately prior to that disposal.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Subject to subparagraph (4), where a part of the expenditure allowable in terms of paragraph 20<\/a> or the market value adopted or determined in terms of paragraph 29<\/a>(4) in respect of an asset can be directly attributed to the part of the asset that is disposed of or retained then the apportionment contemplated in subparagraph (1) does not apply in respect of that part of that expenditure or market value as the case may be.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of subparagraph (1) and (2) there is no part-disposal of an asset by a person in respect of-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the granting of an option by that person in respect of an asset;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the granting, variation or cession of a right of use or occupation of that asset by that person in respect of which no proceeds are received by or accrue to that person;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the improvement or enhancement of immovable properly which that person leases from a lessor; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 the replacement of part of that asset in repairing that asset.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where proceeds are received by or accrue to a person in respect of the granting, variation or cession of a right of use or occupation of an asset by that person, the portion of the expenditure allowable in terms of paragraph 20<\/a> or market value adopted or determined in terms of paragraph 29<\/a>(4) attributable to the part of the asset in respect of which those proceeds were received or accrued is an amount which bears to that expenditure or market value as the case may be of the entire asset the same proportion as those proceeds bear to the market value of the entire asset immediately prior to that disposal.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where a person has adopted the 20 percent of proceeds method contemplated in paragraph 26<\/a>(1)(b) in determining the valuation date value of a part of an asset that has been disposed of, that person must adopt that method in determining the valuation date value of any remaining part of that asset.<\/span><\/p>\n","post_title":"Paragraph 33 (Eighth Schedule) - Part-disposals","collection_order":1248,"collection":597,"post_modified":"2017-01-14 18:16:21","post_date":"2015-10-15 12:13:07"},{"ID":"2267","post_content":"

34. \u00a0 \u00a0 Debt substitution<\/span><\/strong><\/p>\n

<\/p>\n

Where a person reduces or discharges a debt owed by that person to a creditor by disposing of an asset to that creditor, that asset must be treated as having been acquired by the creditor at a cost equal to the market value of that asset at the time of that disposal, which cost must be treated as an amount of expenditure actually incurred for the purposes of\u00a0paragraph\u00a020<\/a>(1)(a).<\/p>\n

[Paragraph 34\u00a0substituted by\u00a0section 85(1)\u00a0of\u00a0Act\u00a060 of 2001\u00a0and by\u00a0section 49\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n","post_title":"Paragraph 34 (Eighth Schedule) - Debt substitution","collection_order":1249,"collection":597,"post_modified":"2022-02-05 22:59:26","post_date":"2015-10-15 12:13:07"},{"ID":"2269","post_content":"

PART VI<\/strong><\/p>\n

Proceeds<\/strong><\/p>\n","post_title":"Part VI - Proceeds","collection_order":1250,"collection":597,"post_modified":"2017-05-25 19:23:34","post_date":"2015-10-15 12:13:07"},{"ID":"2271","post_content":"

35. \u00a0 \u00a0 Proceeds from disposal<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to subparagraphs (2), (3) and (4), the proceeds from the disposal of an asset by a person are equal to the amount received by or accrued to, or which is treated as having been received by, or accrued to or in favour of, that person in respect of that disposal, and includes-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount by which any debt owed by that person has been reduced or discharged; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amount received by or accrued to a lessee from the lessor of property for improvements effected to that property.<\/span><\/p>\n

<\/p>\n

(1A)\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026..<\/span><\/p>\n

[Subparagraph (1A) inserted by section 133 of Act 31 of 2013 and deleted by section 78 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The amount of the proceeds from a disposal by way of a value shifting arrangement is determined as the market value of the person\u2019s interests to which paragraph 11<\/a>(1)(g) applies immediately prior to the disposal less the market value of the person\u2019s interests immediately after the disposal, which amount shall be treated as having been received or accrued to that person.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The proceeds from the disposal, during a year of assessment, of an asset by a person, as contemplated in subparagraph (1) must be reduced by-<\/span><\/p>\n

[Words preceding item (a) substituted by section 111 of Act 25 of 2015 effective on 1 January 2016]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any amount of the proceeds that must be or was included in the gross income of that person or that must be or was taken into account when determining the taxable income of that person before the inclusion of any taxable capital gain;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any amount of the proceeds that has during that year of assessment been repaid or has become repayable to the person to whom that asset was disposed of; or<\/span><\/p>\n

[Paragraph (b) substituted by section 111 of Act 25 of 2015 effective on 1 January 2016]\u00a0<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0any reduction, as the result of the cancellation, termination or variation of an agreement, other than any cancellation or termination of an agreement that results in the asset being reacquired by the person that disposed of it, or any reduction due to the prescription or waiver of a claim or release from an obligation or any other event during that year, of an accrued amount forming part of the proceeds of that disposal.<\/span><\/p>\n

[Item (c) substituted by section 111(1)(b) of Act 25 of 2015 and by section 58 of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where during any year of assessment a person has become entitled to any amount which is payable on a date or dates falling after the last day of that year, that amount must be treated as having accrued to that person during that year.<\/span><\/p>\n","post_title":"Paragraph 35 (Eighth Schedule) - Proceeds from disposal","collection_order":1251,"collection":597,"post_modified":"2021-02-10 09:34:19","post_date":"2015-10-15 12:13:07"},{"ID":"2273","post_content":"

35A. \u00a0 \u00a0 Disposal of certain debt claims<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 This paragraph applies where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a person has disposed of an asset during any year of assessment, all the proceeds of which will not accrue to that person in that year;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that person subsequently disposes of any right to claim payment in respect of that disposal; and<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that claim includes any amount which has not yet accrued to that person at the time of the disposal of that claim.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 So much of any consideration received by or accrued to a person from the disposal of a claim contemplated in subparagraph (1)(b) as is attributable to any amount which has not yet accrued to that person as contemplated in subparagraph (1)(c), must be treated as an amount of consideration which accrues to that person in respect of the disposal of the asset contemplated in subparagraph (1)(a).<\/span><\/p>\n

[Subparagraph (2) substituted by section 71 of Act 17 of 2017 effective on 18 December 2017]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 So much of any capital gain or capital loss determined in respect of the disposal by the person of the right to claim payment as contemplated in subparagraph (1)(b), as is attributable to any amount which has not yet accrued to mat person, must be disregarded.<\/span><\/p>\n","post_title":"Paragraph 35A (Eighth Schedule) - Disposal of certain debt claims","collection_order":1252,"collection":597,"post_modified":"2020-03-08 21:46:33","post_date":"2015-10-15 12:13:07"},{"ID":"2275","post_content":"

36. \u00a0 \u00a0 Disposal of partnership asset<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

The proceeds from the disposal of a partner\u2019s interest in an asset of the partnership must be treated as having accrued to that partner at the time of that disposal.<\/p>\n","post_title":"Paragraph 36 (Eighth Schedule) - Disposal of partnership asset","collection_order":1253,"collection":597,"post_modified":"2017-01-14 19:59:05","post_date":"2015-10-15 12:13:07"},{"ID":"2277","post_content":"

37. \u00a0 \u00a0 Assets of trust and company<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an asset contemplated in paragraph 15<\/a> which is not used for purposes of carrying on a trade or an asset which, if owned by a natural person, would be a personal-use asset as contemplated in paragraph 53<\/a>, is owned by a trust or a company any interest in which or any shares of which are held directly or indirectly by a natural person;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 there is a decrease in the market value of that asset while held by that trust or company after that person acquired an interest in that trust or company; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any interest in that trust or that company is thereafter disposed of by a person, that person must be treated as having disposed of that interest for proceeds equal to the market value of that interest, determined on the date of disposal, as if the market value of that asset had not decreased.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Subparagraph (1) does not apply where more than 50 per cent of the assets of the trust or company consist of assets used wholly and exclusively for trading purposes.<\/span><\/p>\n","post_title":"Paragraph 37 (Eighth Schedule) - Assets of trust and company","collection_order":1254,"collection":597,"post_modified":"2016-11-17 15:36:33","post_date":"2015-10-15 12:13:07"},{"ID":"2279","post_content":"

37A.<\/strong>\u00a0 \u00a0 \u00a0Closure rehabilitation company or trust<\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For purposes of determining the taxable income derived by a person from carrying on any trade, any cash paid during any year of assessment commencing on or after 2 November 2006 by that person to a company or trust shall be deducted from that person\u2019s income if \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the sole object of that company or trust is to apply its property solely for rehabilitation upon premature closure, decommissioning and final closure, and post closure coverage of any latent and residual environmental impacts on the area covered in terms of any permit, right, reservation or permission contemplated in paragraph (d)(i)(aa) to restore one or more areas to their natural or predetermined state, or to a land use which conforms to the generally accepted principle of sustainable development;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that company or trust holds assets solely for purposes contemplated in paragraph (a);<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that company or trust makes distributions solely for purposes contemplated in paragraph (a), or subsection (3) or (4); and<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 that person \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 holds a permit or right in respect of prospecting, exploration, mining or production, an old order right or OP26 right as defined in item 1 of Schedule II or any reservation or permission for or right to the use of the surface of land as contemplated in item 9 of Schedule II to the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002); or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 is engaged in prospecting, exploration, mining or production in terms of any permit, right, reservation or permission as contemplated in item (aa); or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 after approval by the Commissioner, paid any cash to that company or trust and that payment was not part of any transaction, operation or scheme designed solely or mainly for purposes of shifting the deduction contemplated in this subsection from another person to that person.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The company or trust contemplated in subsection (1) may only hold \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 financial instruments issued by any \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 collective investment scheme as regulated in terms of the Collective Investment Schemes Control Act, 2002 (Act No 45 of 2002);<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 long-term insurer as regulated in terms of the Long-Term Insurance Act, 1998 (Act No. 52 of 1998);<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 bank as regulated in terms of the Banks Act, 1990 (Act No. 94 of 1990); or<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 mutual bank as regulated in terms of the Mutual Banks Act 1993 (Act No. 124 of 1993);<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 financial instruments of a listed company unless \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 those financial instruments are issued by a person contemplated in subsection (1)(d); or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 those financial instruments are issued by a person that is a connected person in relation to a person contemplated in subsection (1)(d);<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 financial instruments issued by any sphere of government in the Republic; or<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 any other investments which were held by that company or trust before 18 November 2003.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 To the extent that the Minister of Minerals and Energy is satisfied that all of the areas in terms of any permit, right, reservation or permission contemplated in subsection (1)(d)(i)(aa) that have been rehabilitated as contemplated in subsection (1)(a), the company or trust in respect of those areas must be wound-up or liquidated and its assets remaining after the satisfaction of its liabilities must be transferred to \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 another company or trust as contemplated in this section as approved by the Commissioner; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if no such company or trust has been established, to an account or trust prescribed by the Minister of Minerals and Energy as approved of by the Commissioner if the Commissioner is satisfied that such company or trust satisfies the objects of subsection (1)(a).<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 If the Minister of Minerals and Energy is satisfied that a company or trust as contemplated in subsection (1)(a) \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 will be able to satisfy all of the liabilities of that company or trust; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 such company or trust has sufficient assets to rehabilitate and restore, as contemplated in subsection (1)(a), all areas to which any permit, right, reservation or permission contemplated in subsection (1)(d)(i)(aa) relates, as the case may be,<\/span><\/p>\n

\u00a0<\/p>\n

that company or trust may transfer assets not required for purposes of paragraphs (a) and (b) to another company or trust established in terms of this section as approved by the Commissioner,<\/p>\n

\u00a0<\/p>\n

(5)<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The constitution of a company or the instrument establishing a trust contemplated in this section must incorporate the provisions of this section and any amendments thereto.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Where the constitution of a company or the instrument establishing a trust contemplated in this section does not comply with this section, it shall be deemed to comply for a period not exceeding two years, if the person responsible in a fiduciary capacity for the funds and the assets of that company or trust, furnishes the Commissioner with a written undertaking that that company or trust will be administered in compliance with this section.<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 If a company or trust contemplated in this section contravenes any provision of subsection (2) during any year of assessment by holding property other than property contemplated in that subsection \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an amount of taxable income is deemed to accrue equal to the market value of that other property on the first date that company or trust held that other property; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the deemed amount contemplated in paragraph (a) shall be included in the income of the person contemplated in subsection (1)(d) for the year of assessment of that person during which that contravention occurred to the extent that other property is (directly or indirectly) derived from cash paid by that person to that company or trust.<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 If the company or trust contemplated in this section contravenes any provision of subsection (1)(a) during any year of assessment by distributing property from that company or trust for a purpose other than \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 rehabilitation upon premature closure;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 decommissioning and final closure;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 post closure coverage of any latent or residual environmental impacts; or<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 transfer to another company, trust, or account established for the purposes contemplated in subsection (1)(a),<\/span><\/p>\n

\u00a0<\/p>\n

an amount equal to the market value of property that was so distributed must for purposes of this Act be deemed to be an amount of taxable income which accrued to such company or trust during the year of assessment in which that distribution occurred.<\/p>\n

\u00a0<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 Where the Commissioner is satisfied that a company or trust contemplated in this section has contravened any provision of this section during any year of assessment, the Commissioner may \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 include an amount equal to twice the market value of all of the property held in that company or trust on the date of that contravention as taxable income; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 include the amount contemplated in paragraph (a) in the income of the person contemplated in subsection (1)(d) for the year of assessment of that person during which the Commissioner is satisfied the contravention occurred to the extent that property is (directly or indirectly) derived from cash paid by that person to that company or trust<\/span><\/p>\n

\u00a0<\/p>\n

Provided that the Commissioner may reduce the amount of taxable income contemplated under this subsection as the Commissioner may think fit.<\/p>\n","post_title":"Paragraph 37A (Eighth Schedule) - Closure rehabilitation company or trust","collection_order":1255,"collection":597,"post_modified":"2017-05-25 19:24:33","post_date":"2015-10-15 12:13:07"},{"ID":"2281","post_content":"

37B. \u00a0 \u00a0 Deductions in respect of environmental expenditure<\/span><\/strong><\/p>\n

\u00a0<\/strong><\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For purposes of this section \u2013<\/span><\/p>\n","post_title":"Paragraph 37B (Eighth Schedule) - Deduction in respect of environmental expenditure","collection_order":1256,"collection":597,"post_modified":"2017-05-25 19:24:42","post_date":"2015-10-15 12:13:07"},{"ID":"9454","post_content":"

\u2018environmental treatment and recycling asset\u2019<\/strong> means any air, water, and solid waste treatment and recycling plant or pollution control and monitoring equipment (and any improvement to the plant or equipment) if the plant or equipment is-<\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 utilised in the course of a taxpayer\u2019s trade in a process that is ancillary to any process of manufacture or any other process which, in the opinion of the Commissioner, is of a similar nature; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b) \u00a0 \u00a0 required by any law of the Republic for purposes of complying with measurres that protect the environment; and<\/span><\/p>\n","post_title":"\"Environmental treatment and recycling asset\" definition of paragraph 37B of Eighth Schedule","collection_order":1257,"collection":597,"post_modified":"2017-06-18 08:58:41","post_date":"2017-04-23 12:54:06"},{"ID":"9457","post_content":"

\u2018environmental waste disposal asset\u2019<\/strong> means any air, water, and solid waste disposal site, dam, dump, reservoir, or other structure of a similar nature, or any improvement thereto, if the structure is \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 of a permanent nature;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 utilised in the course of a taxpayer\u2019s trade in a process that is ancillary to any process of manufacture or any other process which, in the opinion of the Commissioner, is of a similar nature; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 required by any law of the Republic for purposes of complying with measures that protect the environment.<\/span><\/p>\n","post_title":"\"Environmental waste disposal asset\" definition of paragraph 37B of Eighth Schedule","collection_order":1258,"collection":597,"post_modified":"2017-06-18 08:58:46","post_date":"2017-04-23 12:56:53"},{"ID":"9459","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 There shall be allowed to be deducted from the income of the taxpayer, in respect of any year of assessment, an allowance equal to \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case of a new and unused environmental treatment and recycling asset, 40 per cent of the cost to the taxpayer to acquire the asset in the year of assessment that it is brought into use for the first time by that taxpayer, and 20 per cent in each succeeding year of assessment; and<\/span><\/p>\n


<\/span><\/p>\n

(b) \u00a0\u00a0\u00a0 in the case of a new and unused environmental waste disposal asset, five per cent of the cost to the taxpayer to acquire the asset in the year of assessment that it is brought into use for the first time by that taxpayer, and five per cent in each succeeding year of assessment.<\/span><\/p>\n


<\/span><\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the 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 or the cost which a person would, if that person had acquired such asset under a cash transaction concluded at arm\u2019s length on the date on which the transaction for the acquisition was in fact concluded, have incurred in respect of the direct cost of the acquisition.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 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 year or any subsequent year in which such asset was used by the 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.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under this section in respect of any asset that has been disposed of by the taxpayer during any previous year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 For purposes of determining the taxable income derived during any year of assessment by a taxpayer, there shall be allowed as a deduction any expenditure or loss in respect of decommissioning, remediation or restoration arising from any trade previously carried on by that taxpayer to the extent that such expenditure or loss \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is incurred for purposes of complying with any law of the Republic that provides for the protection of the environment upon the cessation of trade;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 would otherwise have been allowed as a deduction in terms of section 11<\/a> had that taxpayer still been carrying on that trade; and<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 is not otherwise allowed as a deduction.<\/span><\/p>\n


<\/span><\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 Any assessed loss of a taxpayer as defined in section 20<\/a>(2) that is attributable to any expenditure or loss contemplated in subsection (6) may be set off against income derived by that taxpayer during a year of assessment notwithstanding the fact that the taxpayer is not carrying on any trade during that year.<\/span><\/p>\n

\u00a0<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 No deduction shall be allowed under section 11<\/a>, 12C<\/a> or 13<\/a> in respect of the cost of an environmental treatment and recycling asset or an environmental waste disposal asset.<\/span><\/p>\n

\u00a0<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 The deductions which may be allowed in terms of this section in respect of any asset shall not in the aggregate exceed the cost to the taxpayer of such asset.<\/span><\/p>\n","post_title":"Sub-paragraphs 2, 3, 4, 5, 6, 7, 8 and 9 of paragraph 37B of Eighth Schedule","collection_order":1259,"collection":597,"post_modified":"2017-05-25 19:27:32","post_date":"2017-04-23 12:58:19"},{"ID":"2284","post_content":"

37C. \u00a0 \u00a0 Deductions in respect of environmental conservation and maintenance<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Expenditure actually incurred by a taxpayer to conserve or maintain land is deemed to be expenditure incurred in the production of income and for purposes of a trade carried on by that taxpayer, if-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the conservation or maintenance is carried out in terms of a biodiversity management agreement that has a duration of at least five years entered into by the taxpayer in terms of section 44 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004); and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 land utilised by the taxpayer for the production of income and for purposes of a trade consists of, includes or is in the immediate proximity of the land that is the subject of the agreement contemplated in paragraph (a).<\/span><\/p>\n

\u00a0<\/p>\n

(2)<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Any deduction of expenditure contemplated in subsection (1) must not be allowed to the extent that the expenditure exceeds the income of the taxpayer derived from trade carried on by the taxpayer on land utilised as contemplated in subsection (1)(b) in any year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The amount by which the deduction exceeds the income of the taxpayer so derived must be deemed to be expenditure incurred by the taxpayer in the following year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 An amount equal to the expenditure actually incurred by a taxpayer to conserve or maintain land owned by the taxpayer is for purposes of section 18A<\/a> deemed to be a donation by the taxpayer actually paid or transferred during the year to the Government for which a receipt has been issued in terms of section 18A<\/a>(2), if the conservation or maintenance is carried out in terms of a declaration that has a duration of at least 30 years in terms of section 20, 23 or 28 of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003).<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 If during the current or any previous year of assessment a deduction is or was allowed to the taxpayer in terms of subsection (1) or (3) in respect of expenditure incurred to conserve or maintain land in terms of an agreement or declaration contemplated in those subsections, and the taxpayer subsequently is in breach of that agreement or violates that declaration, an amount equal to the deductions allowed in respect of expenditure incurred within the period of five years preceding the breach or violation must be included in the income of the taxpayer for the current year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(6) \u00a0 \u00a0 If-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 land is declared a national park or nature reserve in terms of an agreement under section 20(3) or 23(3) of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003); and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the declaration is endorsed on the title deed of the land and has a duration of at least 99 years,<\/span><\/p>\n

\u00a0<\/p>\n

an amount equal to 10 per cent of the lesser of the cost or market value of the land without regard to any right of use retained by any taxpayer is for purposes of section 18A<\/a> and paragraph 62<\/a> of the Eighth Schedule<\/a> deemed to be a donation paid or transferred to the Government for which a receipt has been issued in terms of section 18A<\/a>(2), in the year of assessment in which the land is so declared and each of the succeeding nine years of assessment.<\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 If the taxpayer retains a right of use of land contemplated in subsection (5), the amount deemed to be a donation in terms of that subsection is an amount that bears to the amount determined in terms of that subsection the same ratio as the market value of the land subject to the right of use bears to the market value of the land had that land not been subject to the right of use.<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 If during the current or any previous year of assessment a deduction is or was allowed to the taxpayer in terms of subsection (5) in respect of a deemed donation in terms of a declaration contemplated in that subsection, and the taxpayer subsequently violates that declaration, an amount equal to the deduction allowed in respect of the deemed donation within the period of five years preceding the violation must be included in the income of the taxpayer for the current year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

37D.\u00a0\u00a0\u00a0 <\/strong>\u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

37E.\u00a0\u00a0\u00a0\u00a0 <\/strong>\u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Paragraph 37C (Eighth Schedule) - Deductions in respect of environmental conservation and maintenance","collection_order":1260,"collection":597,"post_modified":"2017-05-25 19:28:48","post_date":"2015-10-15 12:13:07"},{"ID":"2286","post_content":"

37F. \u00a0 \u00a0 Determination of taxable income derived by persons previously assessable under certain other laws<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Where it is necessary for any rule provided in this Act as to the inclusion in the income of any taxpayer for any year or as to the deduction or set\u2013<\/em>off of any amount from or against his income for such year, that regard shall be had to anything that has been done or has occurred in or in relation to a previous year of assessment, anything that has in fact been done or has in fact occurred in or in relation to a year of assessment during which the taxpayer was assessable for taxation purposes in terms of any law of a former self\u2013<\/em>governing territory declared under section 26 of the repealed Self\u2013<\/em>governing Territories Constitution Act, 1971 (Act No. 21 of 1971), to be a self\u2013<\/em>governing territory or of the former Republic of Transkei, Bophuthatswana, Venda or Ciskei for any year of assessment, shall, subject to such adjustments as may in the circumstances be appropriate, for the purposes of applying such rule be taken into account.<\/p>\n","post_title":"Paragraph 37F (Eighth Schedule) - Determination of taxable income derived by persons previously assessable under certain other laws","collection_order":1261,"collection":597,"post_modified":"2016-10-31 09:43:38","post_date":"2015-10-15 12:13:07"},{"ID":"2288","post_content":"

37G. \u00a0 \u00a0 Determination of taxable income derived from small business undertakings<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 The Minister of Finance may make regulations to facilitate compliance with the provisions of this Act by natural persons who carry on business through small business undertakings, whether as sole proprietors or in partnership with other natural persons.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A regulation made under subsection (1) may \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 prescribe what shall constitute a small business undertaking, having regard to \u2013<\/em><\/span><\/p>\n

<\/em><\/span>\u00a0<\/p>\n

(i) \u00a0 \u00a0 \u00a0the nature of the undertaking;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the turnover, taxable income or profit of the undertaking;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 the number of persons employed in the undertaking;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 the nature and extent of other income derived by the proprietor or partners; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 any other feature which, in the opinion of the said Minister, indicates that an undertaking should be regarded as a small business undertaking;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 provide for the variation of any provision of this Act relating to the determination of the taxable income derived from a small business undertaking, including \u2013<\/em><\/span><\/p>\n

<\/em><\/span>\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the determination of taxable income having regard only to amounts actually received or expended;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any variation in the manner in which the values of trading stock are taken into account;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 the manner in which expenditure of a capital nature incurred is to be treated; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 any other provision which, save in so far as the timing of the receipt or accrual of income or the incurral of expenditure is concerned, will not result in a material variation in the determination of the taxable income derived by the undertaking over a period of time;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 provide for the exemption from, or extension of time limits in, any provision of this Act relating to the preparation and submission of documents, accounts, returns or payments;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 make such other provision as in the opinion of the said Minister will facilitate the carrying on of small business undertakings.<\/span><\/p>\n","post_title":"Paragraph 37G (Eighth Schedule) - Determination of taxable income derived from small business undertakings","collection_order":1262,"collection":597,"post_modified":"2017-01-14 20:27:10","post_date":"2015-10-15 12:13:06"},{"ID":"2290","post_content":"

37H. \u00a0 \u00a0 Tax holiday scheme for certain companies<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this section \u2013<\/em><\/span><\/p>\n","post_title":"Paragraph 37H (Eighth Schedule) - Tax holiday scheme for certain companies","collection_order":1263,"collection":597,"post_modified":"2017-05-25 19:29:15","post_date":"2015-10-15 12:13:06"},{"ID":"9464","post_content":"

\u201cboard\u201d<\/strong> means the board established by section 2 of the Regional Industrial Development Act, 1993 (Act No. 187 of 1993);<\/p>\n","post_title":"\"Board\" definition of paragraph 37H of Eighth Schedule","collection_order":1264,"collection":597,"post_modified":"2017-05-25 19:29:35","post_date":"2017-04-23 13:07:33"},{"ID":"9466","post_content":"

\u201ccommencement date\u201d<\/strong> means 1 October 1996;<\/p>\n","post_title":"\"Commencement date\" definition of paragraph 37H of Eighth Schedule","collection_order":1265,"collection":597,"post_modified":"2017-05-25 19:29:38","post_date":"2017-04-23 13:28:53"},{"ID":"9468","post_content":"

\u201cgoods\u201d<\/strong> means goods as defined in section 31<\/a> (1);<\/p>\n","post_title":"\"Goods\" definition of paragraph 37H of Eighth Schedule","collection_order":1266,"collection":597,"post_modified":"2017-05-25 19:29:43","post_date":"2017-04-23 13:11:27"},{"ID":"9470","post_content":"

\u201cproject\u201d<\/strong> means a project which in the opinion of the board \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 represents the manufacturing of any products, goods, articles or any other things as classified in \u2018Major Division 3: Manufacturing\u2019 of the Standard Industrial Classification of all Economic Activities (Fifth Edition) issued by the Central Statistical Services in January 1993; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 meets the investment requirements prescribed by the regulations under subsection (14) (a);<\/span><\/p>\n","post_title":"\"Project\" definition of paragraph 37H of Eighth Schedule","collection_order":1267,"collection":597,"post_modified":"2017-06-15 15:30:33","post_date":"2017-04-23 13:28:52"},{"ID":"9472","post_content":"

\u201cqualifying company\u201d<\/strong> means any company which \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is incorporated on or after the commencement date;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 commences the carrying on of one qualifying project for the first time on or after the commencement date; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 has the sole object of carrying on one qualifying project as from the date of such incorporation and which does not carry on any trade other than such qualifying project;<\/span><\/p>\n","post_title":"\"Qualifying company\" definition of paragraph 37H of Eighth Schedule","collection_order":1268,"collection":597,"post_modified":"2017-06-15 15:30:38","post_date":"2017-04-23 13:28:51"},{"ID":"9474","post_content":"

\u201cqualifying project\u201d<\/strong> means a project which has been approved by the board in terms of subsection (2) (a);<\/p>\n","post_title":"\"Qualifying project\" definition of paragraph 37H of Eighth Schedule","collection_order":1269,"collection":597,"post_modified":"2017-05-25 19:30:07","post_date":"2017-04-23 13:28:51"},{"ID":"9476","post_content":"

\u201cservices\u201d<\/strong> means services as defined in section 31<\/a> (1);<\/p>\n","post_title":"\"Services\" definition of paragraph 37H of Eighth Schedule","collection_order":1270,"collection":597,"post_modified":"2017-05-25 19:30:14","post_date":"2017-04-23 13:28:50"},{"ID":"9478","post_content":"

\u201cState\u201d<\/strong> means the Departments and Administrations as listed in Column 1 of Schedule 1 to the Public Service Act, 1994 (Proclamation No. 103 of 1994);<\/p>\n","post_title":"\"State\" definition of paragraph 37H of Eighth Schedule","collection_order":1271,"collection":597,"post_modified":"2017-05-25 19:30:19","post_date":"2017-04-23 13:28:49"},{"ID":"9480","post_content":"

\u201ctax holiday scheme\u201d<\/strong> means a scheme in terms of which qualifying companies enjoy tax holiday status;<\/p>\n","post_title":"\"Tax holiday scheme\" definition of paragraph 37H of Eighth Schedule","collection_order":1272,"collection":597,"post_modified":"2017-05-25 19:30:22","post_date":"2017-04-23 13:28:48"},{"ID":"9482","post_content":"

\u201ctax holiday status\u201d<\/strong> means the status whereby in respect of a year of assessment ending \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 during the period of six months ending 31 March 1997, the income of a qualifying company is reduced in accordance with subsection (12); or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 after 31 March 1997, the rate of normal tax on each rand of the taxable income received by or accrued to or in favour of a qualifying company is fixed at a rate of zero per cent in terms of section 5<\/a>.<\/span><\/p>\n","post_title":"\"Tax holiday status\" definition of paragraph 37H of Eighth Schedule","collection_order":1273,"collection":597,"post_modified":"2017-06-15 15:30:45","post_date":"2017-04-23 13:28:47"},{"ID":"9484","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 The board may \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 evaluate and approve any project, to be carried on by a company, as a qualifying project;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 investigate or cause to be investigated any project for the purposes of this section;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 monitor the tax holiday scheme to \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 determine whether the objectives of that scheme are being achieved; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 advise the Minister of Finance and the Minister of Trade and Industry on any future proposed amendment or adjustment thereof;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 direct that where this section is applicable to any company, the company shall be excluded from any such further assistance from the State as the board may determine;<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 require any company contemplated in subsection (4) to furnish the board with any such information or documents as are necessary for the board to perform its functions in terms of this section; and<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0 perform such other functions as are assigned to it under this section.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The board shall not approve any project as a qualifying project \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if it is of the opinion that the project to be carried on by any company is substantially the same manufacturing concern as was or is carried on by any other person within the Republic on or before the submission of the application for approval of the project in terms of subsection (4); or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 after the commencement of the carrying on of such project by any company.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Any application by a company for the approval by the board of any project to be carried on by such company as a qualifying project, shall be made directly to the board in such form as the board may prescribe.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 This section shall apply to any project which has been approved by the board as a qualifying project in respect of any application received by the board from the relevant company on or before 30 September 1999.<\/span><\/p>\n

\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 An application contemplated in subsection (4) shall be in respect of a project which shall consist of one or more of the following components \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a spatial component as contemplated in subsection (14) (b);<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an industry component as contemplated in subsection (14) (c); and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a human resource component as contemplated in subsection (14) (d).<\/span><\/p>\n

\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 In determining whether a project is a qualifying project, the board shall \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 have regard to the \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 financial viability of the project;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 effect on national competitiveness;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 utilisation of resources;<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 utilisation of competitive technology; and<\/span><\/p>\n

\u00a0<\/p>\n

(v)\u00a0\u00a0\u00a0\u00a0 commitment to the upgrading and training of local skills; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 subject to subsection (8) \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 analyse each component of the project; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where it is satisfied that such component is a component as contemplated in subsection (14) (b), (c) or (d), as the case may be, certify such component accordingly.<\/span><\/p>\n

\u00a0<\/p>\n

(8)\u00a0\u00a0\u00a0\u00a0 Where the project consists solely of a human resource component or where one of the components of a project consists of a human resource component, the board shall \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 subject to paragraph (b), carry out an initial analysis and certification of such human resource component on application for approval of the project; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 review such initial analysis and certification \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where the project consists solely of a human resource component, within six months after the end of the first year of assessment during which the qualifying company commences its tax holiday status; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where the project consists of more than one component, one of which is a human resource component, before the expiration of the tax holiday status of the qualifying company attributable to the certification by the board of all other components of such project.<\/span><\/p>\n

\u00a0<\/p>\n

(9)\u00a0\u00a0\u00a0\u00a0 Where the board has approved a project to be carried on by a company as a qualifying project, the tax holiday status of such company shall, subject to subsections (10) and (15), be a period of \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 two consecutive years of assessment where the board has certified one component of the project;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 four consecutive years of assessment where the board has certified two components of the project; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 six consecutive years of assessment where the board has certified three components of the project.<\/span><\/p>\n

\u00a0<\/p>\n

(10)\u00a0\u00a0 Where a project consists of more than one component. one of which is a human resource component, the period of the tax holiday status in respect of such human resource component shall, for the purposes of this section, be deemed to commence as from the commencement of the year of assessment immediately subsequent to the expiration of the period of the tax holiday status in respect of every other component.<\/span><\/p>\n

\u00a0<\/p>\n

(11)\u00a0\u00a0 The tax holiday status of a qualifying company shall commence as from the commencement of the first year of assessment during which such qualifying company derives a taxable income.<\/span><\/p>\n

\u00a0<\/p>\n

(12)\u00a0\u00a0 Where a qualifying company has a year of assessment ending during the period of six months ending 31 March 1997, there shall be allowed to be deducted from the income of such company in respect of such year of assessment, an amount equal to the taxable income in respect of such year of assessment of such company as determined before granting a deduction under this subsection.<\/span><\/p>\n

\u00a0<\/p>\n

(13)\u00a0\u00a0 Notwithstanding the provisions of this section, a qualifying company shall no longer enjoy tax holiday status after the expiry of 10 years as from the commencement of the year of assessment during which the project which is carried on by the qualifying company was approved as a qualifying project by the board.<\/span><\/p>\n

\u00a0<\/p>\n

(14)\u00a0\u00a0 The Minister of Trade and Industry may in consultation with the Minister of Finance make regulations to \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 prescribe the investment requirements for any project having regard to the amount of capital invested in \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 land whereon and buildings wherein the process of manufacture is to be carried on; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 machinery and plant to be used directly in the process of manufacture;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 provide for the demarcation of a location with an existing specialisation and advantage in manufacturing within which a project is to be carried on (in this section referred to as the spatial component), having regard to the \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 reinforcement of secondary cities;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 reinforcement of key urban nodes along any development corridor which qualifies as a spatial development initiative;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 consolidation of emerging agglomeration areas where a sufficient supply of appropriate infrastructure is available; and<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 supporting of the diversification of local economies where a sufficient supply of appropriate infrastructure is available as a result of the restructuring of existing manufacturing activities;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 identify any manufacturing group (as contemplated in the Standard Industrial Classification of all Economic Activities (Fifth Edition) issued by the Central Statistical Services in January 1993) that, on an average basis, is likely to contribute most significantly to the achievement of sustainable economic growth and employment creation in the medium to longer term through enhanced international competitiveness, as a qualifying industry (in this section referred to as the industry component), having regard to the \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 employment and output linkages throughout the economy;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 capital to human resource ratio;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 generation of increased output; and<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 potential to experience an increase in international demand for such group\u2019s products, goods, articles or any other things over the short to medium term;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 prescribe a ratio in respect of human resource remuneration to value added (in this section referred to as the human resource component);<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 prescribe criteria in order to determine for the purposes of \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 subsection (3) (a), whether the project to be carried on by the company is substantially the same manufacturing concern as is or was carried on by any other person within the Republic having regard to the \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 scale and scope of the project;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 extent of the utilisation of \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(A)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 machinery and plant; or<\/span><\/p>\n

\u00a0<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 human resources;<\/span><\/p>\n

\u00a0<\/p>\n

(cc) \u00a0 \u00a0influence thereof on the national normal tax base in existence on the date on which the application for approval is considered by the board; and<\/span><\/p>\n

\u00a0<\/p>\n

(dd)\u00a0\u00a0 relationship between such company or its shareholders and any previous owner of such manufacturing concern; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 subsection (3) (b), when the carrying on of a project commences;<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0 define any expression referred to in this subsection, if necessary;<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 further describe and define the issues as contemplated in subsection (7) (a) to which the board shall have regard; and<\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 prescribe and define any condition as he may deem necessary for the evaluation, approval or monitoring of a project or the monitoring of the tax holiday scheme.<\/span><\/p>\n

\u00a0<\/p>\n

(15)\u00a0\u00a0 Where the \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 board is satisfied that the approval of the project was obtained by fraud or as a result of any misrepresentation or failure to disclose any material fact by the company, the board shall, unless it otherwise directs, withdraw such approval if it is satisfied that in the light of the full facts such approval should not have been granted and, in such a case, such approval shall be deemed to have been withdrawn as from the date on which such project was approved as a qualifying project;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 board, in reviewing its initial analysis and certification of the human resource component as contemplated in subsection (8) (b), is satisfied that such human resource component is not a human resource component as contemplated in subsection (14) (d), the board shall, unless it otherwise directs, withdraw the certification of such human resource component and such certification shall, where it was reviewed in terms of \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 subsection (8) (b) (i), be deemed to have been withdrawn as from the commencement of the year of assessment wherein such review takes place; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 subsection (8) (b) (ii), be deemed to be withdrawn as from the date of the board\u2019s initial certification of such human resource component;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 board is satisfied that a spatial component or an industry component no longer constitutes a spatial component or an industry component, as the case may be, as contemplated in subsection (14) (b) or (c), as the case may be, as a result of any reason other than a reason contemplated in paragraph (a), the board shall, unless it otherwise directs, withdraw the certification of such spatial component or industry component, as the case may be, and such certification shall be deemed to have been withdrawn from the commencement of the year of assessment during which such spatial component or industry component, as the case may be, no longer constitutes such a spatial component or such an industry component, as the case may be, as originally certified by the board; or<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 Commissioner is satisfied that a qualifying company has entered into or carried out any transaction, operation or scheme whereby any goods or services are, directly or indirectly \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 supplied to a connected person in relation to the qualifying company; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 acquired from a connected person in relation to the qualifying company,<\/span><\/p>\n

\u00a0<\/p>\n

and the goods or services are supplied or acquired, as the case may be, at a price which is either \u2013<\/em><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 less than the price which such goods or services might have been expected to fetch if the parties to the transaction had been independent persons dealing at arm\u2019s length (such price being the arm\u2019s length price); or<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 greater than the arm\u2019s length price,<\/span><\/p>\n

\u00a0<\/p>\n

the tax holiday status of such qualifying company shall, unless the Commissioner otherwise directs, lapse from the commencement of the year of assessment during which such qualifying company entered into or carried out such transaction, operation or scheme.<\/p>\n

\u00a0<\/p>\n

(16)\u00a0\u00a0 Where subsection (15) (a) has been applied, the company shall pay, in addition to the tax chargeable in respect of its taxable income for each of the years of assessment during which the tax holiday status was previously granted, an amount equal to twice the tax chargeable in respect of its taxable income for each of such years of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(17)<\/span>\u00a0\u00a0<\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 The Commissioner may in his discretion remit the additional charge imposed by subsection (16) or any part thereof.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Notwithstanding the provisions of this subsection, the Commissioner may either before or after an assessment is issued agree with the company on the amount of the additional charge to be paid, and the amount so agreed upon shall not be subject to any objection and appeal.<\/span><\/p>\n

\u00a0<\/p>\n

(18)<\/span><\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 The board shall notify the company and the Commissioner of any decision taken in accordance with subsection (2), (3), (7) or (15) (a), (b) or (c) within a period of 30 days after the approval of the minutes of the meeting whereat such decision was taken.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The board shall furnish the company with reasons for any decision contemplated in paragraph (a) simultaneously with the notification of such decision.<\/span><\/p>\n

\u00a0<\/p>\n

(19)<\/span><\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 Notwithstanding the provisions of section 4<\/a>, the Commissioner may disclose to the board such information relating to the company\u2019s affairs as is necessary to enable the board to perform its functions in terms of this section.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Before disclosing such information the Commissioner shall deliver or send to the company a written notification of his intended action setting forth particulars of the said information.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The company may within 30 days after the date of such written notification or such further period as the Commissioner may approve, lodge in writing with the Commissioner any objection it may have to the disclosure of the information.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 If, on the expiry of the said period of 30 days or the said further period, no objection has been lodged as contemplated in paragraph (c) or, if an objection has been lodged and the Commissioner is not satisfied that the objection should be sustained, the Commissioner may thereupon disclose such information as contemplated in paragraph (a).<\/span><\/p>\n

\u00a0<\/p>\n

(20)<\/span><\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 The members and employees of the board shall preserve and aid in preserving secrecy with regard to all matters that may come to their knowledge in the performance of their functions in terms of this section, and shall not communicate any such matter to any person whatsoever other than the company concerned or its legal representative nor suffer or permit any such person to have access to any records in the possession or custody of the Commissioner, except in the performance of their functions as members and employees of the board or by order of a competent court.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Every member and employee of the board shall take and subscribe before a magistrate or justice of the peace or an officer of the South African Revenue Service who is a commissioner of oaths, such oath or solemn declaration, as the case may be, of fidelity or secrecy as may be prescribed.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 Any member or employee of the board who contravenes a provision of paragraph (a), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.<\/span><\/p>\n

\u00a0<\/p>\n

(21)\u00a0\u00a0 Where \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the certification of a component in respect of a qualifying company has been withdrawn in terms of subsection (15) (b) or (c); or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the tax holiday status of a qualifying company has lapsed in terms of subsection (15) (d),<\/span><\/p>\n

\u00a0<\/p>\n

the Commissioner may, notwithstanding the provisions of section 79<\/a>, raise assessments in respect of the company as if such company were not a qualifying company.<\/p>\n

\u00a0<\/p>\n

(22)\u00a0\u00a0 Any decision of the Commissioner under this section shall be subject to objection and appeal.<\/span><\/p>\n

\u00a0<\/p>\n

(23)\u00a0\u00a0 The relevant division of the High Court may, on the application of a company which has made any application in terms of this section and which feels aggrieved by a decision made by the board in connection with that application, review the decision on the following grounds \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 interest in the application, bias, malice or the commission of an offence referred to in Part 1<\/a> to 4, or section 17<\/a>, 20<\/a> or 21<\/a> (in so far as it relates to the aforementioned offences) of Chapter 2<\/a> of the Prevention and Combating of Corrupt Activities Act, 2004, on the part of any member of the board;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 gross irregularity in the proceedings; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 exercise of a power in an arbitrary, mala fide<\/em> or unreasonable manner.<\/span><\/p>\n

\u00a0<\/p>\n

(24)\u00a0\u00a0 The court in reviewing a decision of the board in terms of subsection (23) may, if the court is satisfied that \u2013<\/em><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any of the grounds for review referred to in the said subsection has been proved; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the applicant has been substantially prejudiced by the decision,<\/span><\/p>\n

\u00a0<\/p>\n

set aside the decision, and shall, in setting aside the decision, unless in its opinion exceptional circumstances warrant another order, issue an order that the board consider afresh the matter in respect of which the decision was made.<\/p>\n

\u00a0<\/p>\n

(25)<\/span><\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 A company which has made any application in terms of this section and which feels aggrieved by a decision on a question of law made by the board in connection with the application, may appeal to the relevant division of the High Court against the decision.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Such an appeal shall be noted and prosecuted as if it were an appeal against a judgement in a magistrate\u2019s court in civil proceedings.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 If the court, after considering the appeal, is satisfied that the board has misdirected itself in the making of the decision concerned, the court may set aside that decision, and shall, in setting aside the decision, unless in its opinion exceptional circumstances warrant another order, issue an order that the board consider afresh the matter in respect of which the decision was made.<\/span><\/p>\n","post_title":"Sub-paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 of paragraph 37H of Eighth Schedule","collection_order":1274,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2017-04-23 13:21:42"},{"ID":"2292","post_content":"

38. \u00a0 \u00a0Disposal by way of donation, consideration not measurable in money and transactions between connected <\/strong>persons not at an arm\u2019s length price<\/strong><\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0 Subject to subparagraph (2) and section 9HB<\/a>, where a person disposed of an asset by means of a donation or for a consideration not measurable in money or to a person who is a connected person immediately prior to or immediately after that disposal in relation to that person for a consideration which does not reflect an arm\u2019s length price-<\/span><\/p>\n

[Sub\u00adparagraph (1) (previously paragraph 38) amended by section 87(1)(a) of Act 60 of 2001, by section 81 of Act 74 of 2002, by section 114(1) of Act 22 of 2012 and by section 59(a) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the person who disposed of that asset must be treated as having disposed of that asset for an amount received or accrued equal to the market value of that asset as at the date of that disposal; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the person who acquired that asset must be treated as having acquired that asset at a cost equal to that market value, which cost must be treated as an amount of expenditure actually incurred for the purposes of paragraph 20<\/a>(1)(a).<\/span><\/p>\n

[Item (b) substituted by section 87(1)(b) of Act 60 of 2001 and by section 59(b) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Subparagraph (1) does not apply in respect of the disposal of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a right contemplated in section 8A<\/a>;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an asset in the circumstances contemplated in section 10(1)(nE);<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a qualifying equity share contemplated in section 8B<\/a> by an employer, associated institution or any other person by arrangement with the employer, as contemplated in paragraph 1<\/a> of the Seventh Schedule<\/a>, to an employee; or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0\u00a0any asset in respect of which\u00a0section 40CA<\/a>\u00a0applies;<\/span><\/p>\n

[Item (e) substituted by section 134 of Act 31 of 2013 and amended by section 71 of Act 15 of 2016 effective on 1 March 2015, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0any land from the date on which that land becomes declared land as defined in\u00a0section 37D<\/a>(1).<\/span><\/p>\n

[Paragraph (f) added by section 71 of Act 15 of 2016 effective on 1 March 2015, applies in respect of years of assessment commencing on or after that date]<\/span><\/p>\n","post_title":"Paragraph 38 (Eighth Schedule) - Disposal by way of donation, consideration not measurable in money and transactions between connected persons not at arm's length price","collection_order":1275,"collection":597,"post_modified":"2021-04-07 09:55:45","post_date":"2015-10-15 12:13:06"},{"ID":"2294","post_content":"

39. \u00a0 \u00a0Capital losses determined in respect of disposals to certain connected persons<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A person must, when determining the aggregate capital gain or aggregate capital loss of that person, disregard any capital loss determined in respect of the disposal of an asset to any person-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 who was a connected person in relation to that person immediately before that disposal; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 which is immediately after the disposal \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a member of the same group of companies as that person; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 a trust with a beneficiary which is a member of the same group of companies as that person.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A person\u2019s capital loss which is disregarded in terms of subparagraph (1) may be deducted from that person\u2019s capital gains determined in respect of disposals of assets during that year or subsequent years to the same person to whom the disposal giving rise to that capital loss was made, if at the time of those subsequent disposals, that person is still a connected person in relation to that person.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of subparagraph (1), a connected person in relation to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a natural person does not include a relative of that person other than a parent, child, stepchild, brother, sister, grandchild or grandparent of that person; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a fund of an insurer contemplated in section 29A<\/a> does not include another such fund of that insurer in respect of the disposal of an asset by such fund to another such fund.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Subparagraph (1) does not apply in respect of the disposal by a trust of any right, marketable security or equity instrument contemplated in section 8A<\/a> or 8C<\/a> to a beneficiary of that trust, if \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that right, marketable security or equity instrument is disposed of to that beneficiary \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by virtue of that beneficiary\u2019s employment with an employer, directorship of a company or services rendered or to be rendered by that beneficiary as an employee to an employer: or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 as a result of the exercise, cession, release, conversion or exchange by that beneficiary of the right, marketable security or equity instrument contemplated in subitem (i); and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that trust is an associated institution as contemplated in paragraph 1<\/a> of the Seventh Schedule<\/a> in relation to that employer or company.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of subparagraph (1), where a company redeems its shares, the holder of those shares must be treated as having disposed of them to that company.<\/span><\/p>\n

[Subparagraph (5) added by section 79 of Act 23 of 2018 effective on 17 Januaery 2019]<\/span><\/p>\n","post_title":"Paragraph 39 (Eighth Schedule) - Capital losses determined in respect of disposals to certain connected persons","collection_order":1276,"collection":597,"post_modified":"2020-05-27 20:03:33","post_date":"2015-10-15 12:13:06"},{"ID":"2296","post_content":"

39A.\u00a0\u00a0\u00a0 Disposal of asset for unaccrued amounts of proceeds<\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where a person during any year of assessment disposes of an asset and all the proceeds from the disposal of that asset will not accrue to that person during that year, that person must, when determining the aggregate capital gain or aggregate capital loss for that year or any subsequent year of assessment, disregard any capital loss determined in respect of that disposal.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A person\u2019s capital loss which is disregarded during any year of assessment in terms of subparagraph (1) which has not otherwise been allowed as a deduction may be deducted from that person\u2019s capital gains determined in any subsequent year in respect of the disposal of the asset contemplated in subparagraph (1).<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 If during any year of assessment a person shows that no further proceeds will accrue to that person from the disposal contemplated in subparagraph (1), so much of the capital loss contemplated in that subparagraph as has not been deducted from any subsequent capital gains as contemplated in subparagraph (2), may be taken into account in determining that person\u2019s aggregate capital gain or aggregate capital loss for that year of assessment.<\/span><\/p>\n","post_title":"Paragraph 39A (Eighth Schedule) - Disposal of asset for unaccrued amounts of proceeds","collection_order":1277,"collection":597,"post_modified":"2016-10-31 13:12:53","post_date":"2015-10-15 12:13:06"},{"ID":"2298","post_content":"

40. \u00a0 \u00a0Disposal to and from deceased estate<\/span><\/strong><\/p>\n

\u00a0<\/span><\/strong><\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0A person who dies before 1 March 2016 must be treated as having disposed of his or her assets, other than-<\/span><\/p>\n

[Words preceding item (a) substituted by section 112 of Act 25 of 2015 effective on 1 March 2016]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 assets transferred to the surviving spouse of that deceased person as contemplated in section 9HB<\/a>(2)(a)\u037e<\/span><\/p>\n

[Item (a) substituted by section 60(a) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026..<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a long-term insurance policy of the deceased which if the proceeds of the policy had been received by or accrued to the deceased, the capital gain or capital loss determined in respect of that disposal would be disregarded in terms of paragraph 55<\/a>; or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 an interest in a pension, pension preservation, provident, provident preservation or retirement annuity fund in the Republic or a fund, arrangement or instrument situated outside the Republic which provides benefits similar to a pension, pension preservation, provident, provident preservation or retirement annuity fund which if the proceeds thereof had been received by or accrued to the deceased, the capital gain or capital loss determined in respect of the disposal of the interest would have been disregarded in terms of paragraph 54<\/a><\/span><\/p>\n

<\/p>\n

for an amount received or accrued equal to the market value of those assets at the date of that person\u2019s death.<\/p>\n

<\/p>\n

(1A)\u00a0 If any asset of a deceased person is treated as having been disposed of as contemplated in subparagraph (1) and is transferred directly to \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the estate of the deceased person, the estate must be treated as having acquired that asset at a cost equal to the market value of that asset as at the date of death of that deceased person; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an heir or legatee of the person, the heir or legatee must be treated as having acquired that asset at a cost equal to the market value of that asset as at the date of death of that deceased person,<\/span><\/p>\n

<\/p>\n

which cost must be treated as an amount of expenditure actually incurred for the purposes of paragraph 20<\/a>(1)(a).<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Where an asset is disposed of by a deceased estate to an heir or legatee (other than the surviving spouse of the deceased person as contemplated in section 9HB<\/a>(2)(a))-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the deceased estate must be treated as having disposed of that asset for proceeds equal to the base cost of the deceased estate in respect of that asset; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the heir or legatee must be treated as having acquired that asset at a cost equal to the base cost of the deceased estate in respect of that asset, which cost must be treated as an amount of expenditure actually incurred for the purposes of paragraph 20<\/a>(1)(a).<\/span><\/p>\n

[Sub\u00adparagraph (2) amended by section 82(c) of Act 74 of 2002, by section 50 of Act 20 of 2006, by section 79(1)(c) of Act 60 of 2008, by section 115(1) of Act 22 of 2012 and by section 60(b) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of this Schedule, the disposal of an asset by the deceased estate of a natural person shall be treated in the same manner as if that asset had been disposed of by that natural person.<\/span><\/p>\n","post_title":"Paragraph 40 (Eighth Schedule) - Disposal to and from deceased estate","collection_order":1278,"collection":597,"post_modified":"2021-02-10 09:34:53","post_date":"2015-10-15 12:13:06"},{"ID":"2300","post_content":"

41. \u00a0 \u00a0Tax payable by heir of a deceased estate<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Where a person dies before 1 March 2016-<\/span><\/p>\n

[Words preceding item (a) substituted by section 113 of Act 25 of 2015 effective on 1 March 2016]<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the tax determined in terms of this Act, which relates to the taxable capital gain of a deceased person, exceeds 50 per cent of the net value of the estate determined for purposes of the Estate Duty Act, before taking into account the amount of that tax so determined; and<\/span><\/p>\n

[Item (a) substituted by section 83 of Act 74 of 2002 and section 87 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the executor of the estate is required to dispose of any asset of the estate for purposes of paying the amount of that tax, any heir or legatee of the estate, who would have been entitled to that asset contemplated in item (b), had there been no liability for tax, may elect that that asset be distributed to that heir or legatee upon the condition that the amount of tax which exceeds 50 per cent of that net value be paid by him or her within a period of three years after the date that the executor obtained permission to distribute the assets of the estate, as contemplated in section 35(12) of the Administration of Estates Act, 1965 (Act No. 66 of 1965).<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Any amount of tax payable by an heir as contemplated in subparagraph (1), becomes a debt due to the state and must be treated as an amount of tax chargeable in terms of this Act which is due by that person.<\/span><\/p>\n","post_title":"Paragraph 41 (Eighth Schedule) - Tax payable by heir of a deceased estate","collection_order":1279,"collection":597,"post_modified":"2017-12-09 19:29:53","post_date":"2015-10-15 12:13:06"},{"ID":"2302","post_content":"

42. \u00a0 \u00a0Short-term disposals and acquisitions of identical financial instruments<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0 \u00a0 Where a capital loss is determined in respect of the disposal by a person of a financial instrument, other than a disposal contemplated in section 29B<\/a>, and within a period beginning 45 days before the date of disposal and ending 45 days after that date, that person or a connected person in relation to that person, subject to subparagraph (3), acquires or has entered into a contract to acquire a financial instrument of the same kind and of the same or equivalent quality-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the person who disposed of the financial instrument must be treated as having disposed thereof for proceeds equal to the base cost thereof; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the person who acquired the financial instrument of the same kind and of the same or equivalent quality must be treated as having acquired that financial instrument at a cost equal to the total of \u2013<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 any amount allowable in terms of paragraph 20<\/a>; and<\/span><\/p>\n

<\/p>\n

(ii) \u00a0 \u00a0 the amount of any capital loss which would have arisen in the hands of the person who disposed of the asset, were it not for the operation of item (a).<\/span><\/p>\n

<\/p>\n

which cost must be treated as an amount of expenditure actually incurred for the purposes of\u00a0paragraph\u00a020<\/a>(1)(a).<\/p>\n

[Item\u00a0(b)\u00a0substituted by\u00a0section 90(1)(a)\u00a0of\u00a0Act\u00a060 of 2001\u00a0and amended by\u00a0section 74\u00a0of\u00a0Act\u00a035 of 2007, by\u00a0section 55\u00a0of\u00a0Act\u00a03 of 2008\u00a0and by\u00a0section 50\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For the purposes of subparagraph (1), there must not be taken into account in determining the period of 91 days any days in which the person disposing of the financial instrument-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 has an option to sell, is under a contractual obligation to sell or has made (and not closed) a short sale of a financial instrument of the same kind and of the same or equivalent quality;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is the grantor of an option to buy a financial instrument of the same kind and of the same or equivalent quality; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 has otherwise diminished risk of loss in respect of that financial instrument by holding one or more contrary positions with respect to a financial instrument of the same kind and of the same or equivalent quality.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph, a connected person in relation to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a natural person does not include a relative of that person other than a parent, child, stepchild, brother, sister, grandchild or grandparent of that person; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a fund of an insurer contemplated in section 29A<\/a> does not include another such fund of that insurer in respect of the disposal of an asset by such fund to another such fund.<\/span><\/p>\n

<\/p>\n

(4) \u00a0 \u00a0 This paragraph must not apply to any asset-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in respect of which the weighted average method of determining base cost of assets, as contemplated in paragraph 32<\/a>(4), is used; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if that asset is, in terms of section 29B<\/a>, allocated to any policyholder fund of an insurer as defined in that section.<\/span><\/p>\n","post_title":"Paragraph 42 (Eighth Schedule) - Short-term disposals and acquisitions of identical financial instruments","collection_order":1280,"collection":597,"post_modified":"2022-02-05 22:59:57","post_date":"2015-10-15 12:13:06"},{"ID":"2304","post_content":"

43. \u00a0 \u00a0 Assets disposed of or acquired in foreign currency<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Where, during any year of assessment, a person that is a natural person or a trust that is not carrying on a trade disposes of an asset for proceeds in a foreign currency after having incurred expenditure in respect of that asset in the same currency, that person must determine the capital gain or capital loss on the disposal in that currency and that capital gain or capital loss must be translated to the local currency by applying the average exchange rate for the year of assessment in which that asset was disposed of or by applying the spot rate on the date of disposal of that asset.<\/span><\/p>\n

<\/p>\n

(1A)\u00a0\u00a0\u00a0Where, during any year of assessment, a person disposes of an asset (other than a disposal contemplated in subparagraph (1)) for proceeds in a foreign currency or after having incurred expenditure in respect of that asset in a foreign currency, that person must, for the purposes of determining the capital gain or capital loss on the disposal of that asset, translate-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the proceeds into the local currency at the average exchange rate for the year of assessment in which that asset was disposed of or at the spot rate on the date of disposal of that asset; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the expenditure incurred in respect of that asset into the local currency at the average exchange rate for the year of assessment during which that expenditure was incurred or at the spot rate on the date on which that expenditure was incurred.<\/span><\/p>\n

<\/p>\n

Provided that the amount of any capital gain or capital loss determined under this subparagraph in respect of an exchange item contemplated in section 24I<\/a> must be taken into account in terms of this paragraph only to the extent to which it exceeds the amounts determined in respect of that exchange item under section 24I<\/a>.<\/p>\n

[Sub\u00adparagraph (1A) inserted by section 117(1)(b) of Act 22 of 2012, substituted by section 136(1)(b) of Act 31 of 2013 and amended by section 61(a) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026..<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0Where a person is treated as having derived an amount of proceeds from the disposal of any asset and the expenditure incurred to acquire that asset is determined in any foreign currency-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the amount of those proceeds must be treated as being denominated in the currency of the expenditure incurred to acquire that asset; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the expenditure incurred by a person acquiring that asset must for purposes of sections 9HA<\/a> and 25<\/a> and paragraph s 12<\/a>, 38<\/a> and 40<\/a> be treated as being denominated in that currency.<\/span><\/p>\n

[Item (b) substituted by section 114(a) of Act 25 of 2015, by section 72(1) of Act 15 of 2016 and by section 61(b) of Act 34 of 2019]<\/span><\/p>\n

[Paragraph (5) amended by\u00a0section 101 of Act 45 of 2003\u00a0and substituted by section 88 of Act 43 of 2014 effective on 1 January 2015]<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0\u00a0Where a person has adopted the market value as the valuation date value of any asset contemplated in this paragraph, that market value must be determined in the currency of the expenditure incurred to acquire that asset and for purposes of the application of subparagraph (1A) be translated to the local currency by applying the spot rate on valuation date.<\/span><\/p>\n

[Subparagraph (6) amended by section 75 of Act 31 of 2005, substituted by section 136 of Act 31 of 2013, section 88 of Act 43 of 2014 and section 114 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(6A)\u2026<\/span><\/p>\n

[Sub\u00adparagraph (6A) inserted by section 117(1)(d) of Act 22 of 2012, amended by section 136(1)(f)\u00ad(i<\/em>) of Act 31 of 2013 and deleted by section 61(c) of Act 34 of 2019]<\/span><\/p>\n","post_title":"Paragraph 43 (Eighth Schedule) - Assets disposed of or acquired in foreign currency","collection_order":1281,"collection":597,"post_modified":"2021-02-10 09:35:03","post_date":"2015-10-15 12:13:06"},{"ID":"9488","post_content":"

(7)\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph \u2013<\/span><\/p>\n

\u00a0<\/p>\n

\u201cforeign currency\u201d<\/strong> means currency other than local currency; and<\/p>\n","post_title":"\"Foreign currency\" definition of paragraph 43 of Eighth Schedule","collection_order":1282,"collection":597,"post_modified":"2017-05-26 09:53:25","post_date":"2017-04-23 13:38:37"},{"ID":"9490","post_content":"

\u201clocal currency\u201d<\/strong> means \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in relation to a permanent establishment of a person, the functional currency of that permanent establishment (other than the currency of any country in the common monetary area);<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in relation to a headquarter company, in respect of amounts which are not attributable to a permanent establishment outside the Republic, the functional currency of that headquarter company;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 in relation to a domestic treasury management company, in respect of amounts which are not attributable to a permanent establishment outside the Republic, the functional currency of that domestic treasury management company;<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 in relation to an international shipping company defined in section 12Q, in respect of amounts which are not attributable to a permanent establishment outside the Republic, the functional currency of that international shipping company; or<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 in any other case, the currency of the Republic.<\/span><\/p>\n","post_title":"\"Local currency\" definition of paragraph 43 of Eighth Schedule","collection_order":1283,"collection":597,"post_modified":"2017-06-15 15:40:02","post_date":"2017-04-23 13:39:55"},{"ID":"2306","post_content":"

43A. \u00a0 \u00a0Dividends treated as proceeds on disposal of certain shares<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of this paragraph-<\/span><\/p>\n

[Words preceding the definition of \u201cexempt dividend\u201d substituted by section 80 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Paragraph 43A (Eighth Schedule) - Dividends treated as proceeds on disposal of certain shares","collection_order":1284,"collection":597,"post_modified":"2020-05-27 20:03:46","post_date":"2015-10-15 12:13:06"},{"ID":"17840","post_content":"

\u2018deferral transaction\u2019<\/strong>\u00a0means a transaction in respect of which the provisions of PART III of Chapter II were applied;<\/p>\n

[Definition of \u201cdeferral transaction\u201d inserted by section 80 of Act 23 of 2018 effective on 1 January 2019, applies in respect of disposals on or after that date]<\/span><\/p>\n","post_title":"\"Deferral transaction\" definition of paragraph 43A of Eighth Schedule","collection_order":1285,"collection":597,"post_modified":"2020-05-27 20:03:50","post_date":"2019-02-05 21:42:51"},{"ID":"13004","post_content":"

\u2018exempt dividend\u2019<\/strong> means any dividend or foreign dividend to the extent that the dividend or foreign dividend is-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 not subject to tax under Part VIII<\/a> of Chapter II<\/a>; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 exempt from normal tax in terms of section 10(1)(k)<\/a>(i) or section 10B<\/a>(2)(a) or (b);<\/span><\/p>\n","post_title":"\"Exempt dividend\" definition of paragraph 43A of Eighth Schedule","collection_order":1286,"collection":597,"post_modified":"2019-06-19 11:33:38","post_date":"2018-02-05 14:53:03"},{"ID":"13006","post_content":"

\u2018extraordinary dividend\u2019<\/strong>, in relation to-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a preference share, means so much of the amount of any dividend received or accrued in respect of that share as exceeds the amount that would have accrued in respect of that share had it been determined with reference to the consideration for which that share was issued by applying an interest rate of 15 per cent per annum for the period in respect of which that dividend was received or accrued\u037e<\/span><\/p>\n

[Paragraph (a) substituted by section 80(1)(c) of Act 23 of 2018 and by section 62(1)(a) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any other share, means so much of the amount of any dividend received or accrued-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 within a period of 18 months prior to the disposal of that share; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in respect, by reason or in consequence of that disposal,<\/span><\/p>\n

<\/p>\n

as exceeds 15 per cent of the higher of the market value of that share as at the beginning of the period of 18 months and as at the date of disposal of that share:<\/p>\n

<\/p>\n

Provided that a dividend in specie <\/em>that was distributed in terms of a deferral transaction must not be taken into account to the extent to which that distribution was made in terms of an unbundling transaction as defined in section 46(1)(a) or a liquidation distribution as defined in section 47(1)(a)\u037e<\/p>\n

[Definition of \u201cextraordinary dividend\u201d amended by section 62(1)(b) of Act 34 of 2019 deemed effective on 30 October, 2019 and applicable in respect of dividends received or accrued on or after that date and by section 62(1)(c) of Act 34 of 2019]<\/span><\/p>\n","post_title":"\"Extraordinary dividend\" definition of paragraph 43A of Eighth Schedule","collection_order":1287,"collection":597,"post_modified":"2021-02-10 09:35:12","post_date":"2018-02-05 14:54:26"},{"ID":"17847","post_content":"

\u2018preference share\u2019<\/strong>\u00a0means a preference share as defined in\u00a0section 8EA<\/a>(1); and<\/p>\n

[Definition of \u2018preference share\u2019 inserted by section 80 of Act 23 of 2018 effective on 19 July 2017, applies in respect of disposals on or after that date]<\/span><\/p>\n","post_title":"\"Preference share\" definition of section 43A of Eighth Schedule","collection_order":1288,"collection":597,"post_modified":"2020-05-27 20:04:02","post_date":"2019-02-05 21:48:06"},{"ID":"13008","post_content":"

\u2018qualifying interest\u2019<\/strong> means an interest held by a company in another company, whether alone or together with any connected persons in relation to that company, that constitutes-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 if that other company is not a listed company, at least-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 50 per cent of the equity shares or voting rights in that other company; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 20 per cent of the equity shares or voting rights in that other company if no other person (whether alone or together with any connected person in relation to that person) holds the majority of the equity shares or voting rights in that other company; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 if that other company is a listed company, at least 10 per cent of the equity shares or voting rights in that other company.<\/span><\/p>\n","post_title":"\"Qualifying interest\" definition of paragraph 43A of Eighth Schedule","collection_order":1289,"collection":597,"post_modified":"2019-06-19 11:33:12","post_date":"2018-02-05 14:55:22"},{"ID":"13010","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to subparagraph (3), where a company holds shares in another company and disposes of any of those shares in terms of a transaction that is not a deferral transaction and that company held a qualifying interest in that other company at any time during the period of 18 months prior to that disposal, the amount of any exempt dividend received by or that accrued to that company in respect of the shares disposed of must-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent that the exempt dividend constitutes an extraordinary dividend\u037e and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0if that company immediately before that disposal held the shares disposed of as a capital asset (as defined in section 41<\/a>),<\/span><\/p>\n

<\/p>\n

be taken into account as part of the proceeds from the disposal of those shares or, if those shares are treated as having been disposed of in terms of subparagraph (4), as a capital gain in respect of those shares, in the year of assessment in which those shares are disposed of or are treated as having been disposed of or, where that dividend is received or accrues after that year of assessment, the year of assessment in which that dividend is received or accrues: Provided that where a company disposes of shares that are treated as having been disposed of previously by that company in terms of subparagraph (4), the amount of any extraordinary dividend in respect of those shares must be included in the proceeds from that disposal only to the extent to which it has not previously been taken into account in respect of those shares in terms of this subparagraph .<\/p>\n

[Sub\u00adparagraph (2) amended by section 80(1)(e) of Act 23 of 2018 and substituted by section 62(1)(d) of Act 34 of 2019 deemed effective on 20 February, 2019 and applicable in respect of shares held by a company in a target company if the effective interest held by that company in the shares of that target company is reduced on or after that date]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0Where a company holds shares in another company and disposes of any of those shares in terms of a transaction that is not a deferral transaction within a period of 18 months after having acquired those shares in terms of a deferral transaction, other than an unbundling transaction and\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0within a period of 18 months prior to the disposal of those shares by that company an exempt dividend in respect of those shares accrued to or was received by a person that-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0disposed of those shares in terms of a deferral transaction; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0was a connected person in relation to that company at any time within that period or immediately after that disposal,<\/span><\/p>\n

<\/p>\n

that dividend must for purposes of this paragraph be treated as a dividend that accrued to or was received by that company in respect of those shares within the period during which that company held those shares; and<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0if that company acquired those shares (hereinafter referred to as \u2018new shares\u2019) in terms of that deferral transaction in return for or by virtue of the holding, by that company, of other shares (hereinafter referred to as \u2018old shares) that were disposed of in terms of that deferral transaction and an exempt dividend in respect of the old shares, other than a dividend consisting of new shares, accrued to or was received by that company within a period of 18 months prior to the disposal of the new shares, that dividend must for purposes of this paragraph be treated as an amount that accrued to or was received by that company as an exempt dividend in respect of the new shares.<\/span><\/p>\n

[Sub\u00adparagraph (3) added by section 80(1)(f) of Act 23 of 2018 and amended by section 62(1)(e) of Act 34 of 2019]<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0Where a company holds equity shares in another company (hereinafter referred to as the \u201ctarget company\u201d) and-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the target company issues shares (hereinafter referred to as the \u201cnew shares\u201d) to a person other than that company\u037e and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the effective interest of that company in the equity shares of the target company is reduced by reason of the new shares issued by the target company,<\/span><\/p>\n

<\/p>\n

that company must for purposes of this paragraph be treated as having disposed, immediately after the new shares were issued, of a percentage of those equity shares that is equal to the percentage by which the effective interest of that company in the equity shares of the target company has been reduced by reason of the new shares issued by the target company: Provided that any new shares that are convertible to equity shares must for purposes of this subparagraph be treated as equity shares.<\/p>\n

[Sub\u00adparagraph (4) added by section 62(1)(f) of Act 34 of 2019 deemed effective on 20 February, 2019 and applicable in respect of shares held by a company in a target company if the effective interest held by that company in the shares of that target company is reduced on or after that date]<\/span><\/p>\n

[Paragraph 43A inserted by section 112 of Act 24 of 2011, amended by section 118 of Act 22 of 2012 and substituted by section 72 of Act 17 of 2017 effective on 19 July 2017, applies in respect of any disposal on or after that date other than a disposal in terms of an agreement all the terms of which were finally agreed to before that date by all the parties to that agreement]<\/span><\/p>\n","post_title":"Subparagraph 2 of paragraph 43A of Eighth Schedule","collection_order":1290,"collection":597,"post_modified":"2021-02-10 09:35:19","post_date":"2018-02-05 14:56:46"},{"ID":"2308","post_content":"

43B. \u00a0 Base cost of assets of controlled foreign companies<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Where the functional currency of a controlled foreign company \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 was the currency of a country which-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 abandoned its currency; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 had an official rate of inflation of 100 per cent or more for the foreign tax year preceding the abandonment of the currency; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the controlled foreign company adopted a new functional currency as a consequence of the abandonment contemplated in subparagraph (a)(i),<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

the controlled foreign company must, for the purposes of determining the base cost of an asset of the controlled foreign company, be deemed to have acquired the asset in that new currency-<\/p>\n

\u00a0<\/p>\n

(A)\u00a0\u00a0\u00a0 on the first day of the foreign tax year of the controlled foreign company in which; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 for an amount equal to the market value of the asset on the date on which,<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

the new currency was adopted by the controlled foreign company.<\/p>\n","post_title":"Paragraph 43B (Eighth Schedule) - Base cost of assets of controlled foreign companies","collection_order":1291,"collection":597,"post_modified":"2017-01-14 18:29:02","post_date":"2015-10-15 12:13:06"},{"ID":"2310","post_content":"

PART VII<\/strong><\/p>\n

Primary residence exclusion<\/strong><\/p>\n","post_title":"Part VII - Primary residence exclusion","collection_order":1292,"collection":597,"post_modified":"2017-05-26 10:37:05","post_date":"2015-10-15 12:13:06"},{"ID":"2313","post_content":"

44. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

In this Part, unless the context otherwise indicates-<\/p>\n","post_title":"Paragraph 44 (Eighth Schedule) - Definitions","collection_order":1293,"collection":597,"post_modified":"2017-05-26 10:23:51","post_date":"2015-10-15 12:13:06"},{"ID":"2315","post_content":"

\u201can interest\u201d<\/strong> means-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any real or statutory right; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a share owned directly in a share block company as defined in the Share Blocks Control Act or a share or interest in a similar entity which is not a resident; or<\/span><\/p>\n

[Paragraph (b) substituted by section 89 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a right of use or occupation,<\/span><\/p>\n

<\/p>\n

but excluding \u2013<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a right under a mortgage bond; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 a right or interest of whatever nature in a trust or an asset of a trust, other than a right of a lessee who is not a connected person in relation to that trust;<\/span><\/p>\n","post_title":"\"An interest\" definition of paragraph 44 of Eighth Schedule","collection_order":1294,"collection":597,"post_modified":"2017-12-09 19:32:58","post_date":"2015-10-15 12:13:06"},{"ID":"2317","post_content":"

\u201cprimary residence\u201d<\/strong> means a residence-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in which a natural person or a special trust holds an interest; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 which that person or a beneficiary of that special trust or a spouse of that person or beneficiary-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 ordinarily resides or resided in as his or her main residence; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 uses or used mainly for domestic purposes;<\/span><\/p>\n","post_title":"\"Primary residence\" definition of paragraph 44 of Eighth Schedule","collection_order":1295,"collection":597,"post_modified":"2017-06-15 15:41:21","post_date":"2015-10-15 12:13:06"},{"ID":"2319","post_content":"

\u201cresidence\u201d<\/strong> means any structure, including a boat, caravan or mobile home, which is used as a place of residence by a natural person, together with any appurtenance belonging thereto and enjoyed therewith.<\/p>\n","post_title":"\"Residence\" definition of paragraph 44 of Eighth Schedule","collection_order":1296,"collection":597,"post_modified":"2017-05-26 10:24:26","post_date":"2015-10-15 12:13:06"},{"ID":"2321","post_content":"

45. \u00a0 \u00a0General principle<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to subparagraphs (2), (3) and (4), a natural person or a special trust must, when determining an aggregate capital gain or aggregate capital loss, disregard \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 so much of a capital gain or capital loss determined in respect of the disposal of the primary residence of that person or that special trust as does not exceed R2 million; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a capital gain determined in respect of the disposal of the primary residence of that person or that special trust if the proceeds from the disposal of that primary residence do not exceed R2 million.<\/span><\/p>\n

<\/p>\n

(1A)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0The Minister may announce in the national annual budget contemplated in\u00a0section 27(1) of the Public Finance Management Act, that, with effect from a date or dates mentioned in that announcement, the amount of the capital gain or capital loss determined in terms of subparagraph (1)(a) or the amount of the capital gain determined in terms of subparagraph (1)(b) will be altered to the extent mentioned in the announcement.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0If the Minister makes an announcement of an alteration contemplated in paragraph (a), that alteration comes into effect on the date or dates determined by the Minister in that announcement and continues to apply for a period of 12 months from that date or those dates subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subparagraph (1A) inserted by section 81 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where more than one natural person or special trust jointly holds an interest in a primary residence at the same time, the amount to be disregarded in terms of subparagraph (1) must be apportioned in relation to each interest so held.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Subject to paragraph 48, only one residence may be a primary residence of a person or a special trust for any period during which that person or special trust held an interest in more than one residence.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Subparagraph (1)(b) does not apply where a natural person or a special trust disposes of an interest in a residence which is or was a primary residence, and that person or a beneficiary of that special trust or a spouse of that person or beneficiary \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 was not ordinarily resident in that residence throughout the period commencing on or after the valuation date during which that person or special trust held that interest; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 used that residence or a part thereof for the purposes of carrying on a trade for any portion of the period commencing on or after the valuation date during which that person or special trust held that interest.<\/span><\/p>\n","post_title":"Paragraph 45 (Eighth Schedule) - General principle","collection_order":1297,"collection":597,"post_modified":"2020-05-27 20:04:25","post_date":"2015-10-15 12:13:06"},{"ID":"2323","post_content":"

46. \u00a0 \u00a0Size of residential property qualifying for exclusion<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Where a primary residence and the land on which it is situated is disposed of by a person, the provisions of paragraph 45<\/a> apply in respect of so much of that land, including unconsolidated adjacent land, as-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 does not exceed two hectares;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is used mainly for domestic or private purposes together with that residence; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 is disposed of at the same time and to the same person as that residence.<\/span><\/p>\n","post_title":"Paragraph 46 (Eighth Schedule) - Size of residential property qualifying for exclusion","collection_order":1298,"collection":597,"post_modified":"2017-01-14 19:55:54","post_date":"2015-10-15 12:13:06"},{"ID":"2325","post_content":"

47. \u00a0 \u00a0Apportionment in respect of periods where not ordinarily resident<\/span><\/strong><\/p>\n

<\/p>\n

Subject to paragraph 48<\/a>, where-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a natural person or special trust disposes of an interest in a residence which is or was a primary residence; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that person or a beneficiary of that special trust or a spouse of that person or beneficiary, was not ordinarily resident in that residence throughout the period on or after the valuation date during which that person or special trust held that interest,<\/span><\/p>\n

<\/p>\n

then\u00a0paragraph 45<\/a>(1)(a) must apply only in respect of the portion of the capital gain or capital loss on disposal of the primary residence that is attributable to any period on or after the valuation date during which that person, beneficiary or spouse was so ordinarily resident.<\/p>\n

[Words following paragraph (b) substituted by section 73 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"Paragraph 47 (Eighth Schedule) - Apportionment in respect of periods where not ordinarily resident","collection_order":1299,"collection":597,"post_modified":"2017-12-09 19:33:23","post_date":"2015-10-15 12:13:06"},{"ID":"2327","post_content":"

48. \u00a0 \u00a0Disposal and acquisition of primary residence<\/span><\/strong><\/p>\n

<\/p>\n

A natural person or a beneficiary of a special trust or a spouse of that person or beneficiary must for purposes of paragraph 47<\/a> be treated as having been ordinarily resident in a residence for a continuous period (not exceeding two years), if that natural person, beneficiary or spouse did not reside in that residence during that period for any of the following reasons-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0at the time the residence was the primary residence of that natural person or special trust it had been offered for sale and vacated due to the acquisition or intended acquisition of a new primary residence;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that residence was being erected on land acquired for that purpose in order to be used as the primary residence of that natural person or special trust;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0the residence had been accidentally rendered uninhabitable; or<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0the death of that natural person, beneficiary or spouse.<\/span><\/p>\n

[Paragraph 48\u00a0substituted by\u00a0section\u00a045\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n","post_title":"Paragraph 48 (Eighth Schedule) - Disposal and acquisition of primary residence","collection_order":1300,"collection":597,"post_modified":"2023-01-22 22:10:40","post_date":"2015-10-15 12:13:06"},{"ID":"2329","post_content":"

49. \u00a0 \u00a0Non-residential use<\/span><\/strong><\/p>\n

<\/p>\n

Subject to paragraph 50<\/a>\u2013<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 where a natural person or special trust-<\/span><\/p>\n

<\/p>\n

(i) \u00a0 \u00a0 \u00a0disposes of an interest in a primary residence; or<\/span><\/p>\n

<\/p>\n

(ii) \u00a0 \u00a0 disposes of an interest in a residence that was a primary residence for a part of the period on or after the valuation date during which that person or special trust held that interest; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0where that natural person, a beneficiary of that special trust or a spouse of that natural person or beneficiary used the residence referred to in subparagraph (a) or a part thereof for the purposes of carrying on a trade for any portion of the period on or after the valuation date during which that person or special trust held that interest,<\/span><\/p>\n

[Subparagraph\u00a0(b)\u00a0substituted by\u00a0section\u00a095(1)(b)\u00a0of\u00a0Act\u00a060 of 2001\u00a0and by\u00a0section\u00a046\u00a0of\u00a0Act\u00a020 of 2021]<\/span><\/p>\n

<\/p>\n

then\u00a0paragraph 45<\/a>(1)(a) must apply only in respect of the portion of the capital gain or capital loss on disposal of the primary residence that is attributable to any period on or after the valuation date during which that person, beneficiary or spouse used that residence for domestic purposes as well as to the part of that residence used by that person, spouse or beneficiary mainly for purposes other than the carrying on of a trade.<\/p>\n

[Words following paragraph (b) substituted by section 74 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"Paragraph 49 (Eighth Schedule) - Non-residential use","collection_order":1301,"collection":597,"post_modified":"2023-01-22 22:10:47","post_date":"2015-10-15 12:13:06"},{"ID":"2331","post_content":"

50. \u00a0 \u00a0Rental periods<\/span><\/strong><\/p>\n

<\/p>\n

A natural person or a beneficiary of a special trust or a spouse of that person or beneficiary must for purposes of paragraph 49<\/a> be treated as having used a residence for domestic purposes during any continuous period of absence therefrom (not exceeding five years) while that residence was being let, if-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that person or beneficiary or spouse resided in that residence as a primary residence for a continuous period of at least one year prior to and after any such period;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0no other residence was treated as the primary residence of that person or beneficiary of a special trust during any such period; and<\/span><\/p>\n

[Paragraph (b) substituted by section 75 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that person or beneficiary or spouse was-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 temporarily absent from the Republic; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 employed or engaged in carrying on business in the Republic at a location further than 250 kilometers from that residence.<\/span><\/p>\n","post_title":"Paragraph 50 (Eighth Schedule) - Rental periods","collection_order":1302,"collection":597,"post_modified":"2017-12-09 19:34:07","post_date":"2015-10-15 12:13:06"},{"ID":"2333","post_content":"

51. \u00a0 \u00a0Transfer of residence from company or trust<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where an interest in a residence has been transferred from a company or a trust to a natural person as contemplated in subparagraph (2) \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that company or trust must be deemed to have disposed of that interest for an amount equal to the base cost of that interest on the date of transfer thereof;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that company or trust and that natural person must, for purposes of determining any capital gain or capital loss in respect of the transfer of that interest, be deemed to be one and the same person with respect to-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the date of acquisition of that interest by that company or trust and the amount and date of incurral by that company or trust of any expenditure in respect of that interest allowable in terms of paragraph 20; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any valuation of that interest effected by that company or trust as contemplated in paragraph 29<\/a>(4);<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 no allowance or deduction allowed to that company or trust in respect of that interest must be recovered or recouped by that company or trust or be included in the income of that company or trust in the year in which the transfer takes place; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 that company or trust and that natural person must be deemed to be one and the same person for purposes of determining the amount of any allowance or deduction that is to be recovered or recouped by or included in the income of that natural person in respect of that interest.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Subparagraph (1) applies where \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that natural person acquires that interest from the company or trust no later than 30 September 2010;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that natural person \u2013<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 alone or together with his or her spouse directly held all the share capital or members interest in that company from 11 February 2009 to the date of registration in the deeds registry of that residence in the name of that natural person or his or her spouse or in their names jointly; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 disposed of that residence to that trust by way of donation, settlement or other disposition or financed all the expenditure, as contemplated in paragraph 20, actually incurred by the trust to acquire and to improve the residence; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that natural person alone or together with his or her spouse personally and ordinarily resided in that residence and used it mainly for domestic purposes as his or her or their ordinary residence from 11 February 2009 to the date of the registration contemplated in item (b)(i);<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

Provided that this paragraph applies only in respect of the portion of the property contemplated in paragraph 46<\/a>.<\/p>\n","post_title":"Paragraph 51 (Eighth Schedule) - Transfer of residence from company or trust","collection_order":1303,"collection":597,"post_modified":"2017-01-14 19:58:13","post_date":"2015-10-15 12:13:06"},{"ID":"2335","post_content":"

51A. \u00a0Disposal of residence by company or trust and liquidation, winding up, deregistration or termination of company or trust<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Subject to subparagraph (6), this paragraph applies where a company or trust disposes of an interest in a residence and-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the disposal takes place on or before 31 December 2012;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the residence to which that interest relates is mainly used for domestic purposes during the period commencing on 11 February 2009 and ending on the date of the disposal contemplated in item (a) by one or more natural persons who are connected persons in relation to the company or trust at the time of that disposal; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 within a period of six months commencing on the date of the disposal contemplated in item (a)-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of a company making the disposal, that company has taken steps to liquidate, wind up or deregister as contemplated in section 41<\/a>(4); or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii) \u00a0 \u00a0 in the case of a trust making the disposal, steps have been taken to terminate the trust.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where a company or a trust makes a disposal of an interest in a residence as contemplated in subparagraph (1), that company or trust must be deemed to have made that disposal for an amount equal to the base cost of that interest as at the date of that disposal.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an interest in a residence has been acquired by a person as a result of a disposal by a company of that interest to that person as contemplated in subparagraph (1);<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that person (together with all other persons holding shares in that company) acquired all the shares in the company subsequent to the date of acquisition by the company of that interest; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 90 per cent or more of the market value of the assets held by the company during the period commencing on 11 February 2009 and ending on the date of the disposal contemplated in subparagraph (1)(a) is attributable to that interest,<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

that person must-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 disregard the disposal of all shares held by that person in that company for purposes of determining his or her taxable income, assessed loss, aggregate capital gain or aggregate capital loss if that disposal is made in anticipation of or in the course of the liquidation, winding up or deregistration of that company; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 be deemed to have acquired that interest at a cost equal to the base cost of the shares contemplated in subitem (i) as at the date of the acquisition by the person of those shares plus the cost of any improvements effected in respect of that interest subsequent to that date of acquisition.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where an interest in a residence has been acquired by a person as a result of a disposal by a company of that interest to that person as contemplated in subparagraph (1) and where subparagraph (3) does not apply-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that person must disregard the disposal of any share in that company for purposes of determining his or her taxable income, assessed loss, aggregate capital gain or aggregate capital loss if that disposal is made in anticipation of or in the course of the liquidation, winding up or deregistration of that company; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that person and that company must be deemed to be one and the same person with respect to-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the date of acquisition of that interest by that company;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the amount and date of incurral by that company of any expenditure in respect of that interest allowable in terms of paragraph 20<\/a>; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(iii) \u00a0 \u00a0any valuation of that interest effected by that company as contemplated in paragraph 29<\/a>(4).<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where an interest in a residence has been acquired by a person as a result of a disposal by a trust of that interest to that person as contemplated in subparagraph (1), that person and that trust must for purposes of determining any capital gain or capital loss in respect of the disposal by that person of that interest so acquired be deemed to be one and the same person with respect to-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the date of acquisition of that interest by that trust;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the amount and date of incurral by that trust of any expenditure in respect of that interest allowable in terms of paragraph 20<\/a>; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any valuation of that interest effected by that trust as contemplated in paragraph 29<\/a>(4).<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 This paragraph does not apply to any disposal made to a person unless-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 within a period of six months commencing on the date of that disposal-<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where that person is a company, that company has taken steps to liquidate, wind up or deregister as contemplated in section 41<\/a>(4); or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where that person is a trust, steps have been taken to terminate the trust.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 one or more natural persons contemplated in subparagraph (1)(b) acquire the residence contemplated in that subparagraph on or before 31 December 2012.<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n","post_title":"Paragraph 51A (Eighth Schedule) - Disposal of residence by company or trust and liquidation, winding up, deregistration or termination of company or trust","collection_order":1304,"collection":597,"post_modified":"2017-01-14 19:58:14","post_date":"2015-10-15 12:13:06"},{"ID":"2337","post_content":"

PART VIII<\/strong><\/p>\n

Other exclusions<\/strong><\/p>\n","post_title":"Part VIII - Other exclusions","collection_order":1305,"collection":597,"post_modified":"2017-05-26 10:26:18","post_date":"2015-10-15 12:13:06"},{"ID":"2339","post_content":"

52. \u00a0 \u00a0 General principle<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Capital gains and capital losses must be disregarded in the circumstances and to the extent set out in this Part when determining the aggregate capital gain or aggregate capital loss of a person.<\/p>\n","post_title":"Paragraph 52 (Eighth Schedule) - General principle","collection_order":1306,"collection":597,"post_modified":"2017-05-26 10:26:38","post_date":"2015-10-15 12:13:06"},{"ID":"2341","post_content":"

53. \u00a0 \u00a0Personal-use assets<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A natural person or a special trust must disregard a capital gain or capital loss determined in respect of the disposal of a personal-use asset as contemplated in subparagraph (2).<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 A personal-use asset is an asset of a natural person or a special trust that is used mainly for purposes other than the carrying on of a trade.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Personal use assets do not include-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a coin made mainly from gold or platinum of which the market value is mainly attributable to the material from which it is minted or cast;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 immovable property;<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 an aircraft, the empty mass of which exceeds 450 kilograms;<\/span><\/p>\n


<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 a boat exceeding ten metres in length;<\/span><\/p>\n


<\/span><\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 a financial instrument;<\/span><\/p>\n


<\/span><\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 any fiduciary, usufructuary or other like interest, the value of which decreases over time;<\/span><\/p>\n


<\/span><\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 any contract in terms of which a person, in return for payment of a premium, is entitled to policy benefits upon the happening of a certain event and includes a reinsurance policy in respect of such a contract, but excludes any short-term policy contemplated in the Short-term Insurance Act;<\/span><\/p>\n


<\/span><\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 any short-term policy contemplated in the Short-term Insurance Act to the extent that it relates to any asset which is not a personal-use asset; and<\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a right or interest of whatever nature to or in an asset envisaged in items (a) to (h).<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 For the purposes of subparagraph (2), an asset of a natural person or a special trust to whom an allowance is or was paid or payable in respect of the use of that asset for business purposes, must be treated as being used mainly for purposes other than the carrying on of a trade.<\/span><\/p>\n","post_title":"Paragraph 53 (Eighth Schedule) - Personal-use assets","collection_order":1307,"collection":597,"post_modified":"2017-01-14 19:55:53","post_date":"2015-10-15 12:13:06"},{"ID":"2343","post_content":"

54. \u00a0 \u00a0Retirement benefits<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

A person must disregard any capital gain or capital loss determined in respect of a disposal that resulted in that person receiving-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a lump sum benefit as defined in the Second Schedule<\/a>; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a lump sum benefit paid from a fund, arrangement or instrument situated outside the Republic which provides similar benefits under similar conditions to a pension, pension preservation, provident, provident preservation or retirement annuity fund approved in terms of this Act.<\/span><\/p>\n","post_title":"Paragraph 54 (Eighth Schedule) - Retirement benefits","collection_order":1308,"collection":597,"post_modified":"2017-01-14 20:11:28","post_date":"2015-10-15 12:13:06"},{"ID":"2345","post_content":"

55. \u00a0 \u00a0Long-term assurance<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A person must disregard any capital gain or capital loss determined in respect of a disposal that resulted in the receipt by or accrual to that person of an amount-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in respect of a policy, where that person-<\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is the original beneficial owner or one of the original beneficial owners of the policy;<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 is the spouse, nominee, dependant as contemplated in the Pension Funds Act, or deceased estate of the original beneficial owner of the relevant policy and no amount was paid or is payable or will become payable, whether directly or indirectly, in respect of any cession of that policy from the beneficial owner of that policy to that spouse, nominee or dependant; or<\/span><\/p>\n

[Subitem (ii) substituted by section 98 of Act 60 of 2001 and section 115 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n


<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 is the former spouse of the original beneficial owner and that policy was ceded to that spouse in consequence of a divorce order or, in the case of a union contemplated in paragraph (b) or (c) of the definition of \u201cspouse\u201d in section 1<\/a> of this Act, an agreement of division of assets which has been made an order of court;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in respect of any policy, where that person is or was an employee or director whose life was insured in terms of that policy and any premiums paid by that person\u2019s employer were deducted in terms of section 11(w)<\/a>;<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0in respect of a policy that was taken out to insure against the death, disability or illness of that person by any other person who was a partner of that person, or held any shares or similar interest in a company in which that person held any share or similar interest, for the purpose of enabling that other person to acquire, upon the death, disability or illness of that person, the whole or part of-<\/span><\/p>\n

[Words preceding subitem (i) substituted by section 73 of Act 17 of 2017 and section 82 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that person\u2019s interest in the partnership concerned; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 that person\u2019s share or similar interest in that company and any claim by that person against that company, and no premium on the policy was paid or borne by that person while that other person was the beneficial owner of the policy;<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 in respect of a policy originally taken out on the life of a person, where that policy is provided to that person or dependant by or in consequence of that person\u2019s membership of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund;<\/span><\/p>\n


<\/span><\/p>\n

(e) \u00a0 \u00a0 in respect of a risk policy with no cash value or surrender value; or<\/span><\/p>\n


<\/span><\/p>\n

(f) \u00a0 \u00a0 \u00a0if the amount received or accrued constitutes an amount contemplated in section 10(1)(gG)<\/a> or (gH)<\/a>.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For the purposes of subparagraph (1), \u201cpolicy\u201d means a policy as defined in section 29A<\/a> with an insurer.<\/span><\/p>\n","post_title":"Paragraph 55 (Eighth Schedule) - Long-term assurance","collection_order":1309,"collection":597,"post_modified":"2020-05-27 20:04:42","post_date":"2015-10-15 12:13:06"},{"ID":"2347","post_content":"

56. \u00a0 \u00a0Disposal by creditor of debt owed by connected person<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where a creditor disposes of a debt owed by a debtor, who is a connected person in relation to that creditor, that creditor must disregard any capital loss determined in consequence of that disposal.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Despite paragraph 39<\/a>, subparagraph (1) does not apply in respect of any capital loss determined in consequence of the disposal by a creditor of a debt owed by a debtor, to the extent that the amount of that debt so disposed of represents-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 an amount-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0 which is applied to reduce the expenditure in respect of an asset of the debtor in terms of section 19<\/a>(3) or paragraph 12A<\/a>(3)\u037e or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0which must be taken into account by the debtor as a capital gain in terms of paragraph 12A<\/a>(4)\u037e<\/span><\/p>\n

[Item (a) substituted by section 119(1)(c) of Act 22 of 2012, amended by section 138(1)(a) of Act 31 of 2013 and substituted by section 63(1) of Act 34 of 2019 deemed effective on 1 January, 2018 and applicable in respect of years of assessment commencing on or after that date]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an amount which the creditor proves must be or was included in the gross income of any acquirer of that debt;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 an amount that must be or was included in the gross income or income of the debtor or taken into account in the determination of the balance of assessed loss of the debtor in terms of section 20<\/a>(1)(a); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 a capital gain which the creditor proves must be or was included in the determination of the aggregate capital gain or aggregate capital loss of any acquirer of the debt.<\/span><\/p>\n","post_title":"Paragraph 56 (Eighth Schedule) - Disposal by creditor of debt owed by connected person","collection_order":1310,"collection":597,"post_modified":"2021-02-10 09:35:37","post_date":"2015-10-15 12:13:06"},{"ID":"2349","post_content":"

57. \u00a0 \u00a0Disposal of small business assets<\/span><\/strong><\/p>\n","post_title":"Paragraph 57 (Eighth Schedule) - Disposal of small business assets","collection_order":1311,"collection":597,"post_modified":"2017-01-14 20:27:11","post_date":"2015-10-15 12:13:06"},{"ID":"2352","post_content":"

(1)\u00a0\u00a0\u00a0\u00a0 For purposes of this paragraph,<\/span><\/p>\n

\u00a0<\/p>\n

\u201cactive business asset\u201d<\/strong> means \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an asset which constitutes immovable property, to the extent that it is used for business purposes; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an asset (other than immovable property) used or held wholly and exclusively for business purposes, but excludes \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a financial instrument; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 an asset held in the course of, carrying on a business mainly to derive any income in the form of an annuity, rental income, a foreign exchange gain or royalty or any income of a similar nature;<\/span><\/p>\n","post_title":"\"Active business asset\" definition of paragraph 57 of Eighth Schedule","collection_order":1312,"collection":597,"post_modified":"2017-05-26 10:26:58","post_date":"2015-10-15 12:13:06"},{"ID":"2354","post_content":"

\u201csmall business\u201d<\/strong> means a business of which the market value of all its assets, as at the date of the disposal of the asset or interest contemplated in subparagraph (2), does not exceed R10 million.<\/p>\n","post_title":"\"Small business\" definition of paragraph 57 of Eighth Schedule","collection_order":1313,"collection":597,"post_modified":"2017-05-26 10:27:02","post_date":"2015-10-15 12:13:06"},{"ID":"2356","post_content":"

(2)\u00a0\u00a0\u00a0\u00a0 Subject to subparagraphs (3), (4) and (5), a natural person must, when determining an aggregate capital gain or aggregate capital loss, disregard a capital gain determined in respect of the disposal of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an active business asset of a small business owned by that natural person as a sole proprietor; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an interest in each of the active business assets of a business, which qualifies as a small business, owned by a partnership, upon that natural person\u2019s withdrawal from that partnership to the extent of his or her interest in that partnership; or<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 an entire direct interest in a company (which consists of at least 10 per cent of the equity of that company), to the extent that the interest relates to active business assets of the business, which qualifies as a small business, of that company,<\/span><\/p>\n

<\/p>\n

if that person at the time of that disposal held for his or her own benefit that active business asset, interest in the partnership, or interest in the company (as the case may be) for a continuous period of at least five years prior to that disposal and was substantially involved in the operations of the business of that small business during that period, and-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 has attained the age of 55 years; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the disposal is in consequence of ill-health, other infirmity, superannuation or death.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The sum of the amounts to be disregarded by a natural person as contemplated in subparagraph (2) may not exceed R1,8 million during that natural person\u2019s lifetime.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 A natural person must realise all capital gains qualifying in terms of subparagraph (2) within a period of 24 months commencing on the date of the first disposal contemplated in subparagraph (2).<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where a natural person operates more than one small business either by way of a sole proprietorship, a partnership interest or a direct interest in the equity of a company consisting of at least 10 per cent, then he or she may subject to subparagraphs (4) and (6), include every such small business in the determination of the amount to be disregarded in terms of subparagraph (2).<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 The provisions of this paragraph do not apply where a person owns more than one business either by way of a sole proprietorship, apartnership interest or a direct interest in the equity of a company consisting of at least 10 per cent, and the total market value of all assets in respect of all those businesses exceeds R10 million.<\/span><\/p>\n

<\/p>\n

(7)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0The Minister may announce in the national annual budget contemplated in\u00a0section 27(1) of the Public Finance Management Act, that, with effect from a date or dates mentioned in that announcement, the market value of all assets referred to in the definition of \u2018small business\u2019 in subparagraph (1), the sum of the amounts referred to in subparagraph (3) or the total market value of all assets referred to in subparagraph (6) will be altered to the extent mentioned in the announcement.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0If the Minister makes an announcement of an alteration contemplated in paragraph (a), that alteration comes into effect on the date or dates determined by the Minister in that announcement and continues to apply for a period of 12 months from that date or those dates subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.<\/span><\/p>\n

[Subparagraph (7) added by section 83 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n","post_title":"Sub-paragraphs 2, 3, 4, 5 and 6 of paragraph 57 of Eighth Schedule","collection_order":1314,"collection":597,"post_modified":"2020-05-27 20:04:53","post_date":"2015-10-15 12:13:06"},{"ID":"2358","post_content":"

57A. \u00a0 \u00a0Disposal of micro business assets<\/span><\/strong><\/p>\n

<\/p>\n

A registered micro business as defined in terms of the Sixth Schedule<\/a> must disregard any capital gain or capital loss in respect of the disposal by that business of any asset used mainly for business purposes.<\/p>\n

\u00a0[Paragraph 57A inserted by section 80 of Act 60 of 2008, amended by section 140 of Act 31 of 2013, substituted by section 116 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Paragraph 57A (Eighth Schedule) - Disposal of micro business assets","collection_order":1315,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2015-10-15 12:13:06"},{"ID":"2360","post_content":"

58. \u00a0 \u00a0Exercise of options<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Where, as a result of the exercise by a person of an option, that person acquires or disposes of an asset in respect of which that option was granted, that person must disregard any capital gain or capital loss determined in respect of the exercise of that option.<\/p>\n","post_title":"Paragraph 58 (Eighth Schedule) - Exercise of options","collection_order":1316,"collection":597,"post_modified":"2017-01-14 20:22:40","post_date":"2015-10-15 12:13:06"},{"ID":"2362","post_content":"

59. \u00a0 \u00a0Compensation for personal injury, illness or defamation<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

A natural person or a special trust must disregard a capital gain or a capital loss determined in respect of a disposal that resulted in that person or that special trust, as the case may be, receiving compensation for personal injury, illness or defamation of that person or a beneficiary of that special trust.<\/p>\n","post_title":"Paragraph 59 (Eighth Schedule) - Compensation for personal injury, illness or defamation","collection_order":1317,"collection":597,"post_modified":"2017-01-14 18:24:39","post_date":"2015-10-15 12:13:06"},{"ID":"2364","post_content":"

60. \u00a0 \u00a0Gambling, games and competitions<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A person must disregard a capital gain or capital loss determined in respect of a disposal relating to any form of gambling, game or competition.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Notwithstanding subparagraph (1), a capital gain may not be disregarded-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 by any person other than a natural person; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 by any natural person, unless that form of gambling, game or competition is authorised by, and conducted in terms of, the laws of the Republic.<\/span><\/p>\n","post_title":"Paragraph 60 (Eighth Schedule) - Gambling, games and competitions","collection_order":1318,"collection":597,"post_modified":"2017-01-14 18:24:40","post_date":"2015-10-15 12:13:06"},{"ID":"2366","post_content":"

61. \u00a0 \u00a0Portfolios of collective investment schemes other than portfolios of collective investment schemes in property<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 A holder of a participatory interest in a portfolio of a collective investment scheme, other than a portfolio of a collective investment scheme in property, must determine a capital gain or capital loss in respect of the participatory interest only upon the disposal of that participatory interest.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The capital gain or capital loss to be determined in terms of subparagraph (1) must be determined with reference to the proceeds from the disposal of that participatory interest and its base cost.<\/span><\/p>\n

\u00a0<\/p>\n

(3) \u00a0 \u00a0 \u00a0Any capital gain or capital loss in respect of a disposal by a portfolio of a collective investment scheme, other than a portfolio of a collective investment scheme in property, must be disregarded.<\/span><\/p>\n","post_title":"Paragraph 61 (Eighth Schedule) - Portfolios of collective investment schemes other than portfolios of collective investment schemes in property","collection_order":1319,"collection":597,"post_modified":"2017-01-14 18:26:27","post_date":"2015-10-15 12:13:06"},{"ID":"2368","post_content":"

62. \u00a0 \u00a0Donations and bequests to public benefit organisations and exempt persons<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

A person must disregard a capital gain or capital loss determined in respect of the donation or bequest of an asset by that person to-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the government of the Republic in the national, provincial or local sphere, as contemplated in section 10(1)(a)<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a public benefit organisation contemplated in paragraph (a) of the definition of \u2018public benefit organisation\u2019in section 30<\/a>(1) that has been approved by the Commissioner in terms of section 30<\/a>(3);<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a person contemplated in section 10(1)(cA)<\/a> or (d)<\/a>(iv);<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 a person referred to in section 10(1)(cE)<\/a> or (e)<\/a>; or<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 a recreational club which is a company, society or other organisation as contemplated in the definition of \u2018recreational club\u2019 in section 30A<\/a>(1) that has been approved by the Commissioner in terms of section 30A<\/a>.<\/span><\/p>\n","post_title":"Paragraph 62 (Eighth Schedule) - Donations and bequests to public benefit organisations and exempt persons","collection_order":1320,"collection":597,"post_modified":"2017-01-14 18:40:26","post_date":"2015-10-15 12:13:06"},{"ID":"2370","post_content":"

63. \u00a0 \u00a0Exempt persons<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

A person must disregard any capital gain or capital loss in respect of the disposal of an asset where any amount constituting gross income of whatever nature would be exempt from tax in terms of section 10<\/a> were it to be received by or to accrue to that person.<\/p>\n","post_title":"Paragraph 63 (Eighth Schedule) - Exempt persons","collection_order":1321,"collection":597,"post_modified":"2017-01-14 18:24:43","post_date":"2015-10-15 12:13:06"},{"ID":"2372","post_content":"

63A. \u00a0 \u00a0Public benefit organisations<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

A public benefit organisation approved by the Commissioner in terms of section 30<\/a>(3) must disregard any capital gain or capital loss determined in respect of the disposal of an asset if \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that public benefit organisation did not use that asset on or after valuation date in carrying on any business undertaking or trading activity; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 substantially the whole of the use of that asset by that public benefit organisation on and after valuation date was directed at \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a purpose other than carrying on a business undertaking or trading activity; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 carrying on a business undertaking or trading activity contemplated in section 10(1)(cN)<\/a>(ii)(aa), (bb) or (cc).<\/span><\/p>\n","post_title":"Paragraph 63A (Eighth Schedule) - Public benefit organisations","collection_order":1322,"collection":597,"post_modified":"2017-01-14 20:02:35","post_date":"2015-10-15 12:13:06"},{"ID":"11435","post_content":"

63B.\u00a0\u00a0\u00a0 Small business funding entities<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A small business funding entity approved by the Commissioner in terms of section 30C<\/a> must disregard any capital gain or capital loss determined in respect of the disposal of an asset if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that small business funding entity did not use that asset in carrying on any business undertaking or trading activity; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 substantially the whole of the use of that asset by that small business funding entity was directed at-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 a purpose other than carrying on a business undertaking or trading activity; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 carrying on a business undertaking or trading activity contemplated in section 10<\/a>(1)(cQ)(ii)(aa), (bb) or (cc).<\/span><\/p>\n

[Paragraph 63B inserted by section 90 of Act 43 of 2014 effective on 1 March 2015]<\/span><\/p>\n","post_title":"Paragraph 63B (Eighth Schedule) - Small business funding entities","collection_order":1323,"collection":597,"post_modified":"2018-06-06 14:49:04","post_date":"2017-06-15 15:46:30"},{"ID":"2374","post_content":"

64. \u00a0 \u00a0Asset used to produce exempt income<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

A person must disregard any capital gain or capital loss in respect of the disposal of an asset which is used by that person solely to produce amounts which are exempt from normal tax in terms of \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 section 10<\/a>, other than receipts and accruals contemplated in paragraphs (cN)<\/a>, (cO)<\/a>, (i)<\/a> and (k)<\/a> of subsection (1) thereof; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 section 12K<\/a>.<\/span><\/p>\n","post_title":"Paragraph 64 (Eighth Schedule) - Asset used to produce exempt income","collection_order":1324,"collection":597,"post_modified":"2017-01-14 18:24:44","post_date":"2015-10-15 12:13:06"},{"ID":"2376","post_content":"

64A.\u00a0\u00a0Awards in terms of land restitution programmes and land reform measures<\/span><\/strong><\/p>\n

<\/p>\n

A person must disregard any capital gain or capital loss in respect of the disposal that resulted in that person receiving-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0restitution of a right to land, an award or compensation in terms of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994); or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0land or right to land by virtue of the measures as contemplated in Chapter 6 of the National Development Plan: Vision 2030 of 11 November 2011 released by the National Planning Commission, Presidency of the Republic of South Africa.<\/span><\/p>\n

[Paragraph 64A inserted by section 92 of Act 74 of 2002, substituted by section 55 of Act 20 of 2006, amended by section 121 of Act 22 of 2012, substituted by section 76 of Act 15 of 2016 effective on 29 February 2016, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"Paragraph 64A (Eighth Schedule) - Awards in terms of land restitution programmes and land reform measures","collection_order":1325,"collection":597,"post_modified":"2017-12-09 19:36:50","post_date":"2015-10-15 12:13:06"},{"ID":"2378","post_content":"

64B.\u00a0 Disposal of equity shares in foreign companies<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 Subject to subparagraph (4), a person other than a headquarter company must disregard any capital gain or capital loss determined in respect of the disposal of any equity share in any foreign company (other than an interest contemplated in paragraph 2<\/a>(2)), if-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that person (whether alone or together with any other person forming part of the same group of companies as that person) immediately before that disposal-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 held an interest of at least 10 per cent of the equity shares and voting rights in that foreign company; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 held the interest contemplated in subitem (i) for a period of at least 18 months prior to that disposal, unless-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa)\u00a0\u00a0\u00a0 that person is a company;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 that interest was acquired by that person from any other company that forms part of the same group of companies as that person; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(cc)\u00a0\u00a0\u00a0 that person and that other company in aggregate held that interest for more than 18 months; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that interest is disposed of to any person that is not a resident, other than-<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a controlled foreign company or any person that is a connected person in relation to the person disposing of that interest;<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a non-resident company that formed part of the same group of companies as the company disposing of the shares at any time during a period of 18 months before that disposal; or<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0a non-resident company, the shareholders of which, immediately after the disposal, are substantially the same as the shareholders of any company in the group of companies disposing of the shares,<\/span><\/span><\/p>\n

\u00a0<\/p>\n

for an amount that is equal to or exceeds the market value of the interest.<\/span><\/p>\n

[Item\u00a0(b)\u00a0substituted by\u00a0section\u00a0117(1)\u00a0of\u00a0Act\u00a025 of 2015\u00a0and by\u00a0section 42(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 November, 2023 and applicable in respect of any disposals on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(2) \u00a0 \u00a0 Subject to subparagraph (4), a headquarter company must disregard any capital gain or capital loss determined in respect of the disposal of any equity share in any foreign company (other than an interest contemplated in paragraph 2<\/a>(2)) if that headquarter company (whether alone or together with any other person forming part of the same group of companies as that headquarter company) immediately before that disposal held at least 10 per cent of the equity shares and voting rights in that foreign company.<\/span><\/p>\n

\u00a0<\/p>\n

(3) \u00a0 \u00a0 Paragraph 8<\/a>(b) applies in respect of any capital gain determined in respect of any disposal of any equity share in any foreign company on or before 31 December 2012 by a person which is or was disregarded in terms of subparagraphs (1) and (4) in any year of assessment, if-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the foreign company prior to that disposal was a controlled foreign company in relation to that person or in relation to any other company in the same group of companies as that person;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the equity share in that foreign company was disposed of to a connected person in relation to that person either before or after that disposal;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that person-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 disposed of that equity share for no consideration or for consideration which does not reflect an arm\u2019s length price, other than a distribution contemplated in subitem (ii);<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 disposed of that equity share by means of a distribution made unless-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 that distribution was made to a company that forms part of the same group of companies as that person; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 the full amount of that distribution was included in the income of a holder of shares in that foreign company or would, but for the provisions of section 10B<\/a>(2)(a) or (b), have been so included; or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 disposed of any consideration where that consideration was received or accrued from the disposal of that equity share (or any amount received in exchange therefor) in terms of any transaction, operation or scheme of which the disposal of the equity share forms part-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 for no consideration or for consideration which does not reflect an arm\u2019s length price (other than a distribution contemplated in subsubitem (bb)); or<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0\u00a0by means of a distribution by a company, unless the full amount of that distribution was included in the income of a holder of shares in that company or would, but for the provisions of\u00a0section 10B<\/a>(2)(a) or (b), have been so included; and<\/span><\/p>\n

[Subsubitem (bb) amended by section 144 of Act 31 of 2013 and substituted by section 84 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 that foreign company ceased, in terms of any transaction, operation or scheme of which the disposal of the equity share forms part, to be a controlled foreign company in relation to that person or other company in the same group of companies as that person (having regard solely to any rights contemplated in paragraph (a) of the definition of \u2018participation rights\u2019 in section 9D<\/a>).<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0A person must disregard any capital gain determined in respect of any foreign return of capital received by or accrued to that person from a \u201cforeign company\u201d<\/a> as defined in section 9D<\/a> (other than an interest contemplated in paragraph 2<\/a>(2) where that person (whether alone or together with any other person forming part of the same group of companies as that person)\u2014<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0holds an interest of at least 10 per cent of the total equity shares and voting rights in that company; and<\/span><\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0has held the interest referred to in item (a) for at least 18 months prior to the receipt or accrual of that foreign return of capital.<\/span><\/span><\/p>\n

[Subparagraph (4)\u00a0substituted by\u00a0section 42(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0with effect from 1 January, 2024 and applicable in respect of foreign returns of capital received or accrued on or after that date]<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0\u00a0The provisions of this paragraph do not apply in respect of any capital gain or capital loss determined in respect of-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the disposal of any equity share in any portfolio contemplated in paragraph (e) of the definition of \u2018company\u2019 in section 1<\/a>; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any distribution contemplated in subparagraph (4) by any portfolio contemplated in item (a).<\/span><\/p>\n

\u00a0<\/p>\n

(6) \u00a0\u00a0\u00a0\u00a0This paragraph must not apply in respect of any capital gain or capital loss determined in respect of the disposal of any share in a controlled foreign company to the extent that the value of the assets of that controlled foreign company is attributable to assets directly or indirectly located, issued or registered in the Republic.<\/span><\/p>\n

[Subparagraph\u00a0(6)\u00a0added by\u00a0section 51(1)\u00a0of\u00a0Act\u00a023 of 2020\u00a0effective on 1\u00a0January, 2021 and applicable in respect of any disposal on or after that date]<\/span><\/p>\n","post_title":"Paragraph 64B (Eighth Schedule) - Disposal of equity shares in foreign companies","collection_order":1326,"collection":597,"post_modified":"2024-01-13 21:36:00","post_date":"2015-10-15 12:13:06"},{"ID":"11440","post_content":"

64C.\u00a0\u00a0\u00a0 Disposal of restricted equity instruments<\/span><\/strong><\/p>\n

<\/p>\n

A person must disregard any capital gain or capital loss determined in respect of the disposal of any restricted equity instrument as contemplated in section 8C<\/a>(4)(a), (5)(a) or (c).<\/p>\n

[Paragraph 64C inserted by section 118 of Act 25 of 2015 effective on 1 March 2016]<\/span><\/p>\n","post_title":"Paragraph 63C (Eighth Schedule) - Disposal of equity instruments","collection_order":1327,"collection":597,"post_modified":"2017-12-09 19:37:38","post_date":"2017-06-15 15:54:36"},{"ID":"11656","post_content":"

64D.\u00a0\u00a0Land donated in terms of land reform measures<\/strong><\/p>\n

<\/p>\n

A person must disregard any capital gain or capital loss in respect of the disposal by way of a donation of land or right to land by virtue of the measures as contemplated in Chapter 6 of the National Development Plan: Vision 2030 of 11 November 2011 released by the National Planning Commission, Presidency of the Republic of South Africa.<\/p>\n

[Paragraph 64D inserted by section 77 of Act 15 of 2016 effective on 29 February 2016, applies in respect of years of assessment ending on or after that date]<\/span><\/p>\n","post_title":"Paragraph 64D (Eighth Schedule) - Land donated in terms of land reform measures","collection_order":1328,"collection":597,"post_modified":"2017-12-09 19:38:06","post_date":"2017-06-18 09:18:27"},{"ID":"12969","post_content":"

64E.\u00a0\u00a0\u00a0 Disposal by trust in terms of share incentive scheme<\/span><\/strong><\/p>\n

<\/p>\n

Where a capital gain is determined in respect of the disposal of an asset by a trust and a trust beneficiary has a vested right to an amount derived from that capital gain, that trust must disregard so much of that capital gain as is equal to that amount if that amount must in terms of section 8C<\/a> be-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0included in the income of that trust beneficiary as an amount received or accrued in respect of a restricted equity instrument; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0taken into account in determining the gain or loss in the hands of that trust beneficiary in respect of the vesting of a restricted equity instrument.<\/span><\/p>\n

[Paragraph 64E inserted by section 74 of Act 17 of 2017 effective on 1 March 2017 and applies in respect of amounts received or accrued on or after that date]<\/span><\/p>\n","post_title":"Paragraph 64E (Eighth Schedule) - Disposal by trust in terms of share incentive scheme","collection_order":1329,"collection":597,"post_modified":"2019-06-19 11:33:23","post_date":"2018-02-05 13:36:09"},{"ID":"2380","post_content":"

PART IX<\/strong><\/p>\n

Roll-overs<\/strong><\/p>\n","post_title":"Part IX - Roll-overs","collection_order":1330,"collection":597,"post_modified":"2017-05-26 10:27:51","post_date":"2015-10-15 12:13:06"},{"ID":"2382","post_content":"

65. \u00a0 \u00a0 Involuntary disposal<\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A person may elect that this paragraph applies in respect of the disposal of an asset (other than a financial instrument), where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that asset is disposed of by way of operation of law, theft or destruction;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 proceeds accrue to that person by way of compensation in respect of that disposal;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 those proceeds are equal to or exceed the base cost of that asset;<\/span><\/p>\n

<\/p>\n

(d)<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an amount at least equal to the receipts and accruals from that disposal has been or will be expended to acquire one or more asset (hereinafter referred to as the \u2018replacement asset or assets\u2019);<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 all the replacement assets constitute assets contemplated in section 9<\/a>(2)(j) or (k);<\/span><\/p>\n

[Subitem (ii) substituted by section 124(1)(a) of Act 22 of 2012, section 124(1)(b) of Act 22 of 2012 and section 119 of Act 25 of 2015 effective on 1 January 2012]<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 the contracts for the acquisition of the replacement asset or assets have all been or will be concluded within 12 months after the date of the disposal of that asset; and<\/span><\/p>\n

<\/p>\n

(iv)\u00a0\u00a0\u00a0 the replacement asset or assets will all be brought into use within three years of the disposal of that asset: Provided that the Commissioner may, on application by the taxpayer, decice to extend the period within which the contract must be concluded or asset brought into use by no more than six months if all reasonable steps were taken to conclude those contracts or bring those assets into use; and<\/span><\/p>\n

[Proviso substituted by section 119 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 that asset is not deemed to have been disposed of and to have been reacquired by that person.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where a person has elected in terms of subparagraph (1) that this paragraph must apply in respect of the disposal of an asset, any capital gain determined in respect of that disposal must, subject to subparagraphs (4), (5) and (6) be disregarded when determining that person\u2019s aggregate capital gain or aggregate capital loss.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where a person acquires more than one replacement asset as contemplated in subparagraph (1), that person must, in applying subparagraphs (4) and (5), apportion the capital gain derived from the disposal of that asset to each replacement asset in the same ratio as the receipts and accruals from that disposal respectively expended in acquiring each of those replacement assets bear to the total amount of those receipts and accruals expended in acquiring all those replacement assets.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where a replacement asset contemplated in subparagraph (1) constitutes a depreciable asset, the person must treat as a capital gain for a year of assessment, so much of the disregarded capital gain contemplated in subparagraph (3), as bears to the total amount of that disregarded gain apportioned to that replacement asset as contemplated in subparagraph (3) the same ratio as the amount of any deduction or allowance allowed in that year in respect of the replacement asset bears to the total amount of the deduction or allowance (determined with reference to the cost or value of that asset at the time of acquisition thereof) which is allowable for all years of assessment in respect of that replacement asset.<\/span><\/p>\n

\u00a0<\/strong><\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where a person during any year of assessment disposes of a replacement asset and any portion of the disregarded capital gain which is apportioned to that asset, has not otherwise been treated as a capital gain in terms of this paragraph, that person must treat that portion of disregarded capital gain as a capital gain from the disposal of that replacement asset in that year of assessment.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Where a person fails to conclude a contract or fails to bring any replacement asset into use within the period prescribed in subparagraph (1)(d)(iii) or (iv), subparagraph (2) shall not apply and that person must-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 treat the capital gain contemplated in subparagraph (2) as a capital gain on the date on which the relevant period ends;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 determine interest at the prescribed rate on that capital gain from the date of that disposal to the date contemplated in item (a); and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 treat that interest as a capital gain on the date contemplated in item (a) when determining that person\u2019s aggregate capital gain or aggregate capital loss.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 Where a replacement asset or assets constitute personal use assets, the provisions of this paragraph shall not apply.<\/span><\/p>\n","post_title":"Paragraph 65 (Eighth Schedule) - Involuntary disposal","collection_order":1331,"collection":597,"post_modified":"2017-12-09 19:39:06","post_date":"2015-10-15 12:13:06"},{"ID":"2384","post_content":"

65B. \u00a0 \u00a0Disposal by recreational club<\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A recreational club approved in terms of section 30A<\/a> may elect that this paragraph applies in respect of the disposal of an asset the whole of which was used mainly for purposes of providing social and recreational facilities and amenities for members of that club, where \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 proceeds accrue to that club in respect of that disposal;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 those proceeds are equal to or exceed the base cost of that asset;<\/span><\/p>\n


<\/span><\/p>\n

(c)<\/span><\/p>\n


<\/span><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 an amount at least equal to the receipts and accruals from that disposal has been or will be expended to acquire one or more replacement assets all of which will be used mainly for such purposes;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the contracts for the acquisition of the replacement asset or assets have all been or will be concluded within 12 months after the date of the disposal of that asset; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(iii)\u00a0\u00a0\u00a0 the replacement asset or assets will all be brought into use within three years of the disposal of that asset:
Provided that the Commissioner may extend the period within which the contract must be concluded or asset brought into use by no more than six months if all reasonable steps were taken to conclude those contracts or bring those assets into use; and<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 that asset is not deemed to have been disposed of and to have been reacquired by that club.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where a club has elected in terms of subparagraph (1) that this paragraph must apply in respect of the disposal of an asset, any capital gain determined in respect of that disposal must, subject to subparagraphs (3), (4) and (5) be disregarded when determining that club\u2019s aggregate capital gain or aggregate capital loss.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where a club acquires more than one replacement asset as contemplated in subparagraph (1), that club must, in applying subparagraphs (4) and (5), apportion the capital gain derived from the disposal of that asset to each replacement asset in the same ratio as the receipts and accruals from that disposal respectively expended in acquiring each of those replacement assets bear to the total amount of those receipts and accruals expended in acquiring all those replacement assets.<\/span><\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 Where a club during any year of assessment disposes of a replacement asset and any portion of the disregarded capital gain which is apportioned to that asset, has not otherwise been treated as a capital gain in terms of this paragraph, that club must treat that portion of disregarded capital gain as a capital gain from the disposal of that replacement asset in that year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where a club fails to conclude a contract or fails to bring any replacement asset into use within the period prescribed in subparagraph (1)(c)(ii) and (iii), that club must \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 treat the capital gain contemplated in subparagraph (2) as a capital gain on the date on which the relevant period ends;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 determine interest at the prescribed rate on that capital gain from the date of that disposal to the date contemplated in item (a); and<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 treat that interest as a capital gain on the date contemplated in item (a) when determining that club\u2019s aggregate capital gain or aggregate capital loss.<\/span><\/p>\n","post_title":"Paragraph 65B (Eighth Schedule) - Disposal by recreational club","collection_order":1332,"collection":597,"post_modified":"2017-01-14 20:17:55","post_date":"2015-10-15 12:13:06"},{"ID":"2386","post_content":"

66.\u00a0 Reinvestment in replacement assets<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A person may elect that this paragraph applies in respect of the disposal of an asset, where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0that asset qualified for a deduction or allowance in terms of section 11(e)<\/a>, 11D<\/a>(2), 12B<\/a>, 12BA<\/a>, 12C<\/a>, 12DA<\/a>, 12E<\/a>, 14, 14bis or 37B<\/a>;<\/span><\/span><\/p>\n

[Item (a)\u00a0substituted by\u00a0section 67(1)(a)\u00a0of\u00a0Act 8 of 2007, by\u00a0section\u00a079(a)\u00a0of\u00a0Act\u00a035 of 2007\u00a0and by\u00a0section 43(1)(a)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the proceeds received or accrued from that disposal are equal to or exceed the base cost of that asset;<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0an amount at least equal to the receipts and accruals from that disposal has been or will be expended to acquire one or more assets (hereinafter referred to as the \u201creplacement asset or assets\u201d), all of which will qualify for a capital deduction or allowance in terms of section 11(e)<\/a>, 11D<\/a>(2), 12B<\/a>, 12BA<\/a>, 12C<\/a>, 12DA<\/a>, 12E<\/a> or 37B<\/a>;<\/span><\/span><\/p>\n

[Item (c)\u00a0substituted by\u00a0section 67(1)(b)\u00a0of\u00a0Act 8 of 2007, by\u00a0section\u00a079(b)\u00a0of\u00a0Act\u00a035 of 2007\u00a0and by\u00a0section 43(1)(b)\u00a0of\u00a0Act 17 of 2023\u00a0effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0all the replacement assets constitute assets contemplated in\u00a0section 9<\/a>(2)(j) or (k);<\/span><\/p>\n

[Item (d) substituted by section 125 of Act 22 of 2012 and section 78 of Act 15 of 2016 effective on 1 January 2012, applies in respect of disposals made during years of assessment commencing on or after that date]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 the contracts for the acquisition of a replacement asset or assets are or will be concluded within 12 months after the asset contemplated in item (a) is disposed of and are all brought into use within three years after that disposal: Provided that the Commissioner may, on application by the taxpayer, decide to extend the period by which the contracts must be concluded or assets brought into use by no more than six months if all reasonable steps were taken to conclude those contracts or bring those assets into use; and<\/span><\/p>\n

[Proviso substituted by section 120 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 that asset is not deemed to have been disposed of and to have been reacquired by that person.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where a person has elected in terms of subparagraph (1) that this paragraph must apply in respect of the disposal of an asset, any capital gain determined in respect of that disposal must, subject to subparagraphs (4), (5), (6) and (7), be disregarded when determining that person\u2019s aggregate capital gain or aggregate capital loss.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 Where a person acquires more than one replacement asset as contemplated in subparagraph (1), that person must, in applying subparagraphs (4), (5) and (6), apportion the capital gain derived from the disposal of that asset to each replacement asset in the same ratio as the receipts and accruals from that disposal respectively expended in acquiring each of those replacement assets bear to the total amount of those receipts and accruals expended in acquiring all those replacement assets.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0A person must treat as a capital gain for a year of assessment so much of the disregarded capital gain contemplated in subparagraph (2), as bears to the total amount of that disregarded capital gain apportioned to that replacement asset as contemplated in subparagraph (3) the same ratio as the amount of any deduction or allowance allowed in that year in terms of section 11(e)<\/a>, 11D<\/a>(2), 12B<\/a>, 12BA<\/a>, 12C<\/a>, 12DA<\/a>, 12E<\/a> or 37B<\/a> in respect of the replacement asset bears to the total amount of the deduction or allowance in terms of that section (determined with reference to the cost of value of that asset at the time of acquisition thereof) which is allowable for all years of assessment in respect of that replacement asset.<\/span><\/span><\/p>\n

[Subparagraph (4) substituted by section 67(1)(c) of Act 8 of 2007, by section 79(c) of Act 35 of 2007 and by section 43(1)(c) of Act 17 of 2023 effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 Where a person during any year of assessment disposes of a replacement asset and any portion of the disregarded capital gain which is apportioned to that asset as contemplated in subparagraph (3), has not been treated as a capital gain in terms of subparagraph (4) or (6), that person must treat that portion of disregarded capital gain as a capital gain from the disposal of that replacement asset in that year of assessment.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 Where during any year of assessment a person ceases to use a replacement asset for the purposes of that person\u2019s trade and any portion of the disregarded capital gain which is apportioned to that asset as contemplated in subparagraph (3), has not been treated as a capital gain in terms of subparagraph (4) or (5), that person must treat that portion of disregarded capital gain as a capital gain for that year of assessment.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 Where a person fails to conclude a contract or to bring any replacement asset into use within the period prescribed in subparagraph (1)(e), subparagraph (2) shall not apply and that person must-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 treat the capital gain contemplated in subparagraph (2) as a capital gain on the date that the relevant period ends;<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 determine interest at the prescribed rate on that capital gain from the date of that disposal to the date contemplated in item (a); and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 treat that interest as a capital gain on the date contemplated in item (a) when determining that person\u2019s aggregate capital gain or aggregate capital loss.<\/span><\/p>\n","post_title":"Paragraph 66 (Eighth Schedule) - Reinvestment in replacement assets","collection_order":1333,"collection":597,"post_modified":"2024-01-26 12:29:45","post_date":"2015-10-15 12:13:06"},{"ID":"2388","post_content":"

67. \u2026\u2026\u2026\u2026<\/span><\/strong><\/span><\/p>\n

[Paragraph 67 amended by section 104 of Act 60 of 2001, section 108 of Act 45 of 2003, section 57 of Act 20 of 2006, section 80 of Act 35 of 2007 and section 121 of Act 25 of 2015 and repealed by section 85 of Act 23 of 2018 effective on 17 January 2019]<\/span><\/p>\n

<\/p>\n

67A.\u00a0 \u2026\u2026\u2026..<\/span><\/strong><\/span><\/p>\n","post_title":"Paragraph 67 (Eighth Schedule) - Transfer of asset between spouses","collection_order":1334,"collection":597,"post_modified":"2021-04-05 10:53:30","post_date":"2015-10-15 12:13:06"},{"ID":"2390","post_content":"

67B. \u00a0 \u00a0Disposal of immovable property by share block company<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0 For the purposes of this paragraph-<\/span><\/p>\n","post_title":"Paragraph 67B (Eighth Schedule) - Disposal of immovable property in share block company","collection_order":1335,"collection":597,"post_modified":"2017-05-26 10:28:31","post_date":"2015-10-15 12:13:06"},{"ID":"9499","post_content":"

\u2018share\u2019<\/strong> means a share as defined in section 1 of the Share Blocks Control Act;<\/p>\n","post_title":"\"Share\" definition of paragraph 67B of Eighth Schedule","collection_order":1336,"collection":597,"post_modified":"2017-05-26 10:28:39","post_date":"2017-04-23 14:04:53"},{"ID":"9501","post_content":"

\u2018Share Blocks Control Act\u2019<\/strong> \u2026\u2026\u2026.<\/p>\n

[Definition of \u2018Share Blocks Control Act\u2019 deleted by section 91 of Act 43 of 2014 effective on 20 January 2015]<\/span><\/p>\n","post_title":"\"Share block company\" definition of paragraph 67B of Eighth Schedule","collection_order":1337,"collection":597,"post_modified":"2017-12-09 19:42:05","post_date":"2017-04-23 14:04:52"},{"ID":"9503","post_content":"

\u2018Share Blocks Control Act\u2019<\/strong> means the Share Blocks Control Act, 1980 (Act No. 59 of 1980).<\/p>\n","post_title":"\"Share Blocks Control Act\" definition of paragraph 67B of Eighth Schedule","collection_order":1338,"collection":597,"post_modified":"2017-05-26 10:28:47","post_date":"2017-04-23 13:58:12"},{"ID":"9505","post_content":"

(2) \u00a0 \u00a0 This paragraph applies where a person who holds a right of use of a part of the immovable property of a share block company, which right is conferred by reason of the ownership of a share by that person in that share block company, acquires ownership of that part of immovable property from that share block company as part of any transaction in terms of which a disposal of that part of immovable property is made by that share block company.<\/span><\/p>\n

\u00a0<\/p>\n

(3) \u00a0 \u00a0 Where a person who owns a share in a share block company acquires ownership of immovable property as part of any transaction in terms of which a disposal is made by that share block company as contemplated in subparagraph (2)-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the share block company must disregard any capital gain or capital loss determined in respect of that disposal; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that person must-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(i) \u00a0 \u00a0 \u00a0disregard any capital gain or capital loss determined in respect of any disposal of that share as a result of that disposal; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ii) \u00a0\u00a0\u00a0 be treated as having-<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(aa) \u00a0 acquired that immovable property for an amount equal to the expenditure contemplated in paragraph 20<\/a> incurred by the person in acquiring that share;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(bb)\u00a0\u00a0 incurred the expenditure contemplated in subsubitem (aa) on the same date that the expenditure was incurred by the person in acquiring that share;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(cc) \u00a0 effected improvements to that immovable property for an amount equal to the expenditure contemplated in paragraph 20 incurred by that person in effecting improvements to the part of the immovable property of the share block company in respect of which the person had a right of use as a result of the ownership of that share;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(dd)\u00a0\u00a0 incurred the expenditure contemplated in subsubitem (cc) on the same date that the expenditure was incurred by the person in effecting the improvements to the part of the immovable property of the share block company in respect of which the person had a right of use as a result of the ownership of that share;<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ee) \u00a0 acquired that immovable property on the date that the share was acquired by the person; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(ff) \u00a0 \u00a0 used that immovable property in the same manner as the person used the immovable property in respect of which the person had a right of use as a result of the ownership of that share; and<\/span><\/p>\n

\u00a0<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any valuation of that share which was done by that person within the period prescribed by paragraph 29<\/a>(4) must be deemed to have been done by that person in respect of that immovable property.<\/span><\/p>\n","post_title":"Sub-paragraphs 2 and 3 of paragraph 67B of Eighth Schedule","collection_order":1339,"collection":597,"post_modified":"2017-05-26 10:30:02","post_date":"2017-04-23 13:59:54"},{"ID":"2392","post_content":"

67C. \u00a0 \u00a0Mineral rights conversions and renewals<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Notwithstanding paragraph 11, there is no disposal where-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any old order right or OP26 right as defined in Schedule II of the Mineral and Petroleum Resources Development Act wholly or partially continues in force or is wholly or partially converted into a new right pursuant to the same Schedule; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any prospecting right, mining right, exploration right, production right, mining permit, retention permit or reconnaissance permit, as defined in section 1 of the Mineral and Petroleum Resources Development Act is wholly or partially renewed in terms of that Act,<\/span><\/p>\n

\u00a0<\/p>\n

and the continued, converted or renewed right or permit will be treated as one and the same asset as the right or permit before continuation, conversion or renewal for purposes of this Act.<\/p>\n","post_title":"Paragraph 67C (Eighth Schedule) - Mineral rights conversions and renewals","collection_order":1340,"collection":597,"post_modified":"2017-01-14 20:17:59","post_date":"2015-10-15 12:13:06"},{"ID":"2394","post_content":"

67D. \u00a0 \u00a0Communications licence conversions<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where existing licences referred to in Chapter 15 of the Electronic Communications Act, 2005 (Act No. 36 of 2005), are converted to new licences in terms of section 93 of that Act, a licensee of an existing licence or licences is deemed to have disposed of the existing-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 licence for an amount equal to the base cost of the licence; or<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 licences for an amount equal to the aggregate of the base cost of the licences,<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

on the date of the conversion.<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 The licensee of a new licence contemplated in subparagraph (1) \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 is deemed to have acquired the new licence \u2013<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case where an existing licence is converted to a new licence, at a cost, recognised as such for the purposes of paragraph 20<\/a>, equal to the expenditure incurred in respect of the existing licence;<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 in the case where two or more existing licences are converted to a new licence, at a cost, recognised as such for the purposes of paragraph 20, equal to the aggregate of the expenditure incurred in respect of the existing licences; and<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 in the case where an existing licence is converted to two or more new licences, at a cost, recognised as such for the purposes of paragraph 20<\/a>, that bears to the expenditure incurred in respect of the existing licence the same ratio as the value of that new licence bears to the aggregate value of the new licences,<\/span><\/p>\n

<\/span>\u00a0<\/p>\n

which cost must be treated as expenditure actually incurred by the licensee in respect of the new licence or licences for the purposes of paragraph 20<\/a>; and<\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 is deemed to have incurred the cost contemplated in item (a) on the day immediately after the conversion.<\/span><\/p>\n","post_title":"Paragraph 67D (Eighth Schedule) - Communications licence conversions","collection_order":1341,"collection":597,"post_modified":"2017-01-14 20:18:00","post_date":"2015-10-15 12:13:06"},{"ID":"2396","post_content":"

PART X<\/strong><\/p>\n

Attribution of capital gains<\/strong><\/p>\n","post_title":"Part X - Attribution of capital gains","collection_order":1342,"collection":597,"post_modified":"2017-05-26 10:30:32","post_date":"2015-10-15 12:13:06"},{"ID":"2398","post_content":"

68. \u00a0 \u00a0Attribution of capital gain to spouse<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where a person\u2019s capital gain or a capital gain that has vested in or is treated as having vested in that person during the year of assessment in which it arose can be attributed wholly or partly to-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any donation, settlement or other disposition; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any transaction, operation or scheme, made, entered into or carried out by that person\u2019s spouse mainly for purposes of reducing, postponing or avoiding that spouse\u2019s liability for any tax, duty or levy which would otherwise have become payable under any Act administered by the Commissioner, so much of the gain as can be so attributed must be disregarded when determining that person\u2019s aggregate capital gain or aggregate capital loss and taken into account when determining the aggregate capital gain or aggregate capital loss of that person\u2019s spouse.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Where a person\u2019s capital gain is derived from-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any trade carried on by that person in partnership or association with that person\u2019s spouse or which is in any way connected with any trade carried on by that spouse; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that person\u2019s spouse or any partnership or private company at a time when that spouse was a member of that partnership or the sole, main or one of the principal holders of shares in that company,<\/span><\/p>\n

\u00a0<\/p>\n

so much of that gain as exceeds the amount to which that person would reasonably be entitled having regard to the nature of the relevant trade, the extent of that person\u2019s participation therein, the services rendered by that person or any other relevant factor, must be disregarded when determining that person\u2019s aggregate capital gain or aggregate capital loss and taken into account when determining the aggregate capital gain or aggregate capital loss of that person\u2019s spouse.<\/p>\n","post_title":"Paragraph 68 (Eighth Schedule) - Attribution of capital gain to spouse","collection_order":1343,"collection":597,"post_modified":"2016-10-31 12:48:53","post_date":"2015-10-15 12:13:05"},{"ID":"2400","post_content":"

69. \u00a0 \u00a0Attribution of capital gain to parent of minor child<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Where a minor child\u2019s capital gain or a capital gain that has vested in or is treated as having vested in or that has been used for the benefit of that child during the year of assessment in which it arose can be attributed wholly or partly to any donation, settlement or other disposition-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 made by a parent of that child; or<\/span><\/p>\n

\u00a0<\/p>\n

(b) \u00a0 \u00a0 made by another person in return for any donation, settlement or other disposition or some other consideration made or given by a parent of that child in favour directly or indirectly of that person or his or her family, so much of that gain as can be so attributed must be disregarded when determining that child\u2019s aggregate capital gain or aggregate capital loss and must be taken into account in determining the aggregate capital gain or aggregate capital loss of that parent.<\/span><\/p>\n","post_title":"Paragraph 69 (Eighth Schedule) - Attribution of capital gain to parent of minor child","collection_order":1344,"collection":597,"post_modified":"2017-01-14 19:52:21","post_date":"2015-10-15 12:13:05"},{"ID":"2402","post_content":"

70. \u00a0 \u00a0Attribution of capital gain subject to conditional vesting<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Where-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a person has made a donation, settlement or other disposition that is subject to a stipulation or condition imposed by that person or anyone else in terms of which a capital gain or a portion of any capital gain attributable to that donation, settlement or other disposition shall not vest in the beneficiaries of that donation, settlement or other disposition or some of those beneficiaries until the happening of some fixed or contingent event;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 a capital gain that is attributable to that donation, settlement or other disposition has arisen during a year of assessment throughout which the person who made that donation, settlement or other disposition has been a resident; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that capital gain or a portion thereof has not vested during that year in any beneficiary who is a resident, that capital gain or that portion thereof must be taken into account in determining the aggregate capital gain or aggregate capital loss of the person who made that donation, settlement or other disposition and disregarded when determining the aggregate capital gain or aggregate capital loss of any other person.<\/span><\/p>\n","post_title":"Paragraph 70 (Eighth Schedule) - Attribution of capital gain subject to conditional vesting","collection_order":1345,"collection":597,"post_modified":"2017-01-14 20:49:32","post_date":"2015-10-15 12:13:05"},{"ID":"2404","post_content":"

71. \u00a0 \u00a0Attribution of capital gain subject to revocable vesting<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Where-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a deed of donation, settlement or other disposition confers a right upon a beneficiary thereof who is a resident to receive a capital gain attributable to that donation, settlement or other disposition or any portion of that gain;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that right may be revoked or conferred upon another by the person who conferred it; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 a capital gain attributable to that donation, settlement or other disposition or a portion of that gain has in terms of that right vested in that beneficiary during a year of assessment throughout which the person who conferred that right has been a resident and has retained the power to revoke that right, that capital gain or that portion thereof must be disregarded when determining the aggregate capital gain or aggregate capital loss of that beneficiary and be taken into account when determining the aggregate capital gain or aggregate capital loss of the person retaining the power of revocation.<\/span><\/p>\n","post_title":"Paragraph 71 (Eighth Schedule) - Attribution of capital gain subject to revocable vesting","collection_order":1346,"collection":597,"post_modified":"2017-01-14 20:49:33","post_date":"2015-10-15 12:13:05"},{"ID":"2406","post_content":"

72. Attribution of capital gain and other amounts vesting in person that is not a resident<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0This paragraph applies where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0a resident has made a donation, settlement or other disposition to any person (other than an entity which is not resident and which is similar to a public benefit organisation contemplated in\u00a0section 30<\/a>);<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0a capital gain (including any amount that would have constituted a capital gain had that person been a resident) attributable to that donation, settlement or other disposition has arisen during a year of assessment; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0an amount consisting of or derived, directly or indirectly, from-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0that capital gain; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the amount that would have constituted a capital gain,<\/span><\/p>\n

<\/p>\n

has during that year vested in or is treated as having vested in any person who is not a resident (other than a controlled foreign company, in relation to that resident).<\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0\u00a0In determining, for purposes of subparagraph (1), whether an amount would have constituted a capital gain had a person been a resident, the provisions of paragraph 64B<\/a>(1) and (4) must be disregarded in respect of an amount derived by that person, directly or indirectly, from the disposal of an equity share in a foreign company if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0more than 50 per cent of the total participation rights, as defined in\u00a0section 9D<\/a>(1), or of the voting rights in that company are directly or indirectly held or are exercisable, as the case may be, by that person whether alone or together with any one or more persons that are connected persons in relation to that person; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the resident who made the donation, settlement or other disposition or any person that is a connected person in relation to that resident is a connected person in relation to the person who is not a resident; and<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent to which that amount is not included in the income of or attributed as a capital gain to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the resident who made that donation, settlement or other disposition; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a resident who is a connected person in relation to the resident referred to in subitem (i).<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0An amount that is equal to so much of the amount described in item (c) of subparagraph (1) that has vested in or is treated as having vested in the person who is not a resident as consists of or is derived, directly or indirectly, from-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0the capital gain must be disregarded when determining the aggregate capital gain or aggregate capital loss of that person; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0the capital gain or the amount that would have constituted a capital gain must be taken into account as a capital gain when determining the aggregate capital gain or aggregate capital loss of the resident who made the donation, settlement or other disposition described in subparagraph (1).<\/span><\/p>\n

[Paragraph 72\u00a0amended by section 94 of Act 74 of 2002, section 112 of Act 45 of 2003 and section 80 of Act 31 of 2005 and substituted by\u00a0section 86 of Act 23 of 2018 effective on 1 March 2019, applies in respect of amounts vesting on or after that date]<\/span><\/p>\n","post_title":"Paragraph 72 (Eighth Schedule) - Attribution of capital gain and other amounts vesting in person that is not a resident","collection_order":1347,"collection":597,"post_modified":"2020-05-27 20:05:27","post_date":"2015-10-15 12:13:05"},{"ID":"2408","post_content":"

73. \u00a0 \u00a0Attribution of income and capital gain<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Where both an amount of income and a capital gain are derived by reason of or are attributable to a donation, settlement or other disposition, the total amount of that income and gain-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that is deemed in terms of section 7<\/a> to be that of a person other than the one to whom it accrues or by whom it is received or for whose benefit it is expended or accumulated; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that is attributed in terms of this Part to a person other than the one in whom it vests, shall not exceed the amount of the benefit derived from that donation, settlement or other disposition.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 For purposes of this paragraph, the benefit derived from a donation, settlement or other disposition means the amount by which the person to whom that donation, settlement or other disposition was made, has benefited from the fact that it was made for no or an inadequate consideration, including consideration in the form of interest.<\/span><\/p>\n","post_title":"Paragraph 73 (Eighth Schedule) - Attribution of income and capital gain","collection_order":1348,"collection":597,"post_modified":"2016-10-31 12:50:52","post_date":"2015-10-15 12:13:05"},{"ID":"2410","post_content":"

PART XI<\/strong><\/p>\n

Company distributions<\/strong><\/p>\n","post_title":"Part XI - Company distributions","collection_order":1349,"collection":597,"post_modified":"2017-05-26 10:31:20","post_date":"2015-10-15 12:13:05"},{"ID":"2412","post_content":"

74. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

For the purposes of this Part, unless the context otherwise dictates-<\/p>\n","post_title":"Paragraph 74 (Eighth Schedule) - Definitions","collection_order":1350,"collection":597,"post_modified":"2017-05-26 10:31:49","post_date":"2015-10-15 12:13:05"},{"ID":"2414","post_content":"

\u201cdate of distribution\u201d<\/strong>, in relation to any distribution, means-<\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0to the extent that the distribution does not consist of a distribution of an asset in specie<\/em>\u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where the company that makes the distribution is a listed company, the date on which the distribution is paid; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where the company that makes the distribution is not a listed company, the earlier of the date on which the distribution is paid or becomes due and payable; or<\/span><\/p>\n

\u00a0<\/p>\n

(b) \u00a0 \u00a0 to the extent that the distribution consists of a distribution of an asset in specie<\/em>, the earlier of the date on which the distribution is paid or becomes due and payable.<\/span><\/p>\n","post_title":"\"Date of distribution\" definition of Eighth Schedule","collection_order":1351,"collection":597,"post_modified":"2017-06-15 16:08:18","post_date":"2015-10-15 12:13:05"},{"ID":"2416","post_content":"

75. \u00a0 \u00a0Distributions in specie<\/em> by company<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Where a company makes a distribution of an asset in specie<\/em> to a person holding a share in that company-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that company must be treated as having disposed of that asset to that person on the date of distribution for an amount received or accrued equal to the market value of that asset on that date; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that person must be treated as having acquired that asset on the date of distribution and for expenditure equal to the market value of that asset on that date, which expenditure must be treated as an amount of expenditure actually incurred for the purposes of paragraph 20<\/a>(1)(a).<\/span><\/p>\n","post_title":"Paragraph 75 (Eighth Schedule) - Distributions in specie by company","collection_order":1352,"collection":597,"post_modified":"2017-05-26 10:32:00","post_date":"2015-10-15 12:13:05"},{"ID":"2418","post_content":"

76. \u00a0 \u00a0Returns of capital and foreign returns of capital by way of distributions of cash or assets <\/strong>in specie<\/em><\/strong><\/span><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 Subject to subparagraph (2), where a return of capital or foreign return of capital by way of a distribution of cash or an asset in specie<\/em> (other than a distribution of a share in terms of an unbundling transaction contemplated in section 46<\/a>(1)) is received by or accrues to a holder of a share in respect of that share, that holder must where the date of distribution of that cash or asset occurs-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 before valuation date, reduce the expenditure contemplated in paragraph 20<\/a> actually incurred before valuation date in respect of that share by the amount of that cash or the market value of that asset;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 on or after valuation date but before 1 October 2007 and that share is disposed of by the holder of that share on or before 31 March 2012, treat the amount of that cash or the market value of that asset as proceeds when that share is disposed of;<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 on or after 1 October 2007 but before 1 April 2012, treat the amount of that cash or the market value of that asset as proceeds when that share is partly disposed of in terms of paragraph 76A<\/a>.<\/span><\/p>\n

\u00a0<\/p>\n

(2) \u00a0 \u00a0 Where a holder of shares uses the weighted average method in respect of shares that are identical assets as contemplated in paragraph 32<\/a>(3A)(a) and a return of capital or foreign return of capital by way of a distribution of cash or an\u00a0 asset in specie<\/em> (other than a distribution of a share in terms of an unbundling transaction contemplated in section 46<\/a>(1)) is received by or accrues to that holder of shares in respect of those shares on or after valuation date but before 1 October 2007, the weighted average base cost of those shares must be determined by-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 deducting the amount of that cash or the market value of that asset from the base cost of those shares held when that return of capital or foreign return of capital was received or accrued; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 dividing the result by the number of those shares held when that return of capital or foreign return of capital was received or accrued.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

\u00a0<\/p>\n

(4) \u00a0 \u00a0 Every-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 company that makes a distribution to any other person; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 person that pays a distribution to any other person on behalf of a company,<\/span><\/p>\n


<\/span><\/p>\n

on or after 1 April 2012 must, by the time of the distribution or payment, notify that other person in writing of the extent to which the distribution or payment constitutes a return of capital.<\/p>\n","post_title":"Paragraph 76 (Eighth Schedule) - Returns of capital and foreign returns of capital by way of distributions of cash or assets in specie","collection_order":1353,"collection":597,"post_modified":"2017-01-14 19:19:07","post_date":"2015-10-15 12:13:05"},{"ID":"2420","post_content":"

76A. \u00a0 \u00a0Part-disposal of shares<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0Where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a return of capital or foreign return of capital by way of a distribution of cash or an asset in specie<\/em> (other than a share distributed in terms of an unbundling transaction contemplated in section 46<\/a>(1)) is received by or accrues to a shareholder in respect of a share; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that return of capital or foreign return of capital is received by or accrues to that shareholder on or after 1 October 2007 and before 1 April 2012,<\/span><\/p>\n


<\/span><\/p>\n

that shareholder must be deemed to have disposed of part of that share on the date that the return of capital or foreign return of capital is received by or accrues to the shareholder.<\/p>\n

\u00a0<\/p>\n

(1A) \u00a0 \u00a0Subject to paragraph 76<\/a>(2), where-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a return of capital or foreign return of capital by way of a distribution of cash or an asset in specie<\/em> (other than a share distributed in terms of an unbundling transaction contemplated in section 46<\/a>(1)) is received by or accrues to a shareholder in respect of a share;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that return of capital or foreign return of capital is received by or accrues to that shareholder on or after valuation date but before 1 October 2007; and<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that share is not disposed of before 1 April 2012,<\/span><\/p>\n


<\/span><\/p>\n

that return of capital or foreign return of capital must be treated as having been distributed on 1 April 2012.<\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 If paragraph 76<\/a>(2) applies and the base cost of those shares is a negative amount at the end of 31 March 2012-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 that shareholder must be treated as having a capital gain on 31 March 2012 equal to that negative amount; and<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the base cost of those shares at the end of 31 March 2012 must be treated as nil.<\/span><\/p>\n


<\/span><\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For purposes of paragraph 33<\/a>(1) the market value of the part disposed of under this paragraph must be treated as being equal to the amount of the cash or the market value of the asset received or accrued by way of a return of capital or foreign return of capital.<\/span><\/p>\n","post_title":"Paragraph 76A (Eighth Schedule) - Part-disposal of shares","collection_order":1354,"collection":597,"post_modified":"2017-01-14 20:22:41","post_date":"2015-10-15 12:13:05"},{"ID":"2422","post_content":"

76B. \u00a0 Reduction in base cost of shares as result of distributions<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Where-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a return of capital or foreign return of capital by way of a distribution of cash or an asset in specie<\/em> is received by or accrues to a holder of a share in respect of that share;<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that return of capital or foreign return of capital is received by or accrues to the holder of that share on or after 1 April 2012 and prior to the disposal of that share; and<\/span><\/p>\n


<\/span><\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 that share constitutes a pre-valuation date asset in relation to the holder of that share,<\/span><\/p>\n


<\/span><\/p>\n

for purposes of determining the date of acquisition of that share and the expenditure in respect of the cost of acquisition of that share, the holder of that share must be treated as-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 having disposed of that share at a time immediately before the return of capital or foreign return of capital is received or accrues for an amount equal to the market value of the share at that time; and<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 having immediately reacquired that share at that time at an expenditure equal to that market value-<\/span><\/p>\n


<\/span><\/p>\n

(aa) \u00a0 less any capital gain that would have been determined had the share been disposed of at market value at that time; and<\/span><\/p>\n


<\/span><\/p>\n

(bb)\u00a0\u00a0 increased by any capital loss that would have been determined had the share been disposed of at market value at that time,<\/span><\/p>\n


<\/span><\/p>\n

which expenditure must be treated as an amount of expenditure actually incurred for the purposes of paragraph 20(1)(a):<\/p>\n


<\/p>\n

: Provided that the market value of a share listed on a recognised exchange and for which a price was quoted on that exchange is equal to the sum of-<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the ruling price of that share at the close of business on the last business day before the accrual of the return of capital or foreign return of capital; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of the return of capital or foreign return of capital.<\/span><\/p>\n

[Proviso to subparagraph (1) added by section 79 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(2) \u00a0 \u00a0 Where-<\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 a return of capital or foreign return of capital by way of a distribution of cash or an asset in specie<\/em> is received by or accrues to a holder of a share in respect of that share; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 that return of capital or foreign return of capital is received by or accrues to the holder of that share on or after 1 April 2012 and prior to the disposal of that share,<\/span><\/p>\n


<\/span><\/p>\n

the holder of that share must reduce the expenditure in respect of the share by the amount of that cash or the market value of that asset on the date that the asset or that cash is received by or accrues to the holder of that share.<\/p>\n

[Words following item (b) substituted by section 122 of Act 25 of 2015 effective on 8 January 2016]<\/span><\/p>\n

<\/p>\n

(3) \u00a0 \u00a0 Where the amount of a return of capital or foreign return of capital contemplated in subparagraph (2) exceeds the expenditure in respect of the share in respect of which that return of capital or foreign return of capital is received or accrues, the amount of the excess must be treated as a capital gain in determining the aggregate capital gain or aggregate capital loss of the holder of that share for the year of assessment in which that return of capital or foreign return of capital is received by or accrues to the holder of that share.<\/span><\/p>\n","post_title":"Paragraph 76B (Eighth Schedule) - Reduction in base cost of shares as result of distributions","collection_order":1355,"collection":597,"post_modified":"2021-04-05 19:52:23","post_date":"2015-10-15 12:13:05"},{"ID":"2424","post_content":"

77. Distributions in liquidation or deregistration received by holders of shares<\/span><\/strong><\/p>\n

[Heading of paragraph 77 substituted by section 92 of Act 43 of 2014 effective on 20 January 2015]\u00a0<\/span><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 A holder of shares in a company that is being wound up, liquidated or deregistered must be treated as having disposed of all the shares held by that holder in that company at the earlier of-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the date of dissolution or deregistration; or<\/span><\/p>\n


<\/span><\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case of a liquidation or winding-up, the date when the liquidator declares in writing that no reasonable grounds exist to believe that the holder of shares in the company (or holders of shares holding the same class of shares) will receive any further distributions in the course of the liquidation or winding-up of that company.<\/span><\/p>\n

<\/p>\n

(2) \u00a0 \u00a0 Where-<\/span><\/p>\n

<\/p>\n

(a) \u00a0\u00a0\u00a0 a return of capital or foreign return of capital by way of a distribution of cash or assets in specie<\/em> is received by or accrues to a holder of shares contemplated in subparagraph (1) in respect of a share that is treated as having been disposed of in terms of that subparagraph; and<\/span><\/p>\n


<\/span><\/p>\n

(b) \u00a0\u00a0\u00a0 that return of capital or foreign return of capital is received by or accrues to that holder after the date contemplated in subparagraph (1)(a) or (b),<\/span><\/p>\n


<\/span><\/p>\n

the return of capital or foreign return of capital must be treated as a capital gain in determining that holder\u2019s aggregate capital gain or aggregate capital loss for that year of assessment.<\/p>\n

<\/p>\n

78. \u00a0 \u00a0\u2026\u2026\u2026\u2026<\/strong><\/p>\n

<\/p>\n

79. \u00a0 \u00a0 \u2026\u2026\u2026\u2026<\/strong><\/p>\n","post_title":"Paragraph 77 (Eighth Schedule) - Distributions in liquidation or deregistration received by holders of shares","collection_order":1356,"collection":597,"post_modified":"2017-12-09 19:43:27","post_date":"2015-10-15 12:13:05"},{"ID":"2426","post_content":"

PART XII\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/strong><\/p>\n

\u00a0<\/strong>Trusts, trust beneficiaries and insolvent estates<\/strong><\/p>\n","post_title":"Part XII - Trusts, trust beneficiaries and insolvent estates","collection_order":1357,"collection":597,"post_modified":"2017-05-26 10:39:15","post_date":"2015-10-15 12:13:05"},{"ID":"2428","post_content":"

80. Capital gain attributed to beneficiary<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to paragraphs 68<\/a>,\u00a069<\/a>\u00a0and\u00a071<\/a>, where a trust vests an asset in a beneficiary of that trust (other than any person contemplated in\u00a0paragraph 62<\/a>(a) to (e) or a person who acquires that asset as an equity instrument as contemplated in\u00a0section 8C<\/a>(1)) who is a resident, and determines a capital gain in respect of that disposal or, if that trust is not a resident, would have determined a capital gain in respect of that disposal had it been a resident-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0that capital gain must be disregarded for the purpose of calculating the aggregate capital gain or aggregate capital loss of the trust; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that capital gain or the amount that would have been determined as a capital gain must be taken into account as a capital gain for the purpose of calculating the aggregate capital gain or aggregate capital loss of the beneficiary to whom that asset was so disposed of.<\/span><\/p>\n

<\/p>\n

(2) \u00a0\u00a0\u00a0\u00a0Subject to paragraphs 64E<\/a>, 68<\/a>, 69<\/a> and 71<\/a>, where a trust determines a capital gain in respect of the disposal of an asset in a year of assessment during which a beneficiary of that trust (other than any person contemplated in paragraph 62<\/a>(a) to (e)) who is a resident has a vested right or acquires a vested right (including a right created by the exercise of a discretion) to an amount derived from that capital gain but not to the asset disposed of, an amount that is equal to so much of the amount to which that beneficiary of that trust is entitled in terms of that right\u2014<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 must be disregarded for the purpose of calculating the aggregate capital gain or aggregate capital loss of the trust; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0must be taken into account as a capital gain for the purpose of calculating the aggregate capital gain or aggregate capital loss of that beneficiary.<\/span><\/p>\n

[Subparagraph\u00a0(2)\u00a0substituted by\u00a0section 52(a)\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(2A)<\/span><\/p>\n

<\/p>\n

(a) \u00a0\u00a0\u00a0\u00a0Subject to paragraphs 64E<\/a>, 68<\/a>, 69<\/a> and 71<\/a>, this subparagraph applies where\u2014<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a beneficiary who is a resident (other than any person contemplated in paragraph 62<\/a>(a) to (e)) derives an amount through vesting during a year of assessment from a trust that is not a resident; and<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0that amount was derived directly or indirectly from that trust or another trust which is not a resident in respect of the disposal of an asset during the same year of assessment and that amount would have constituted a capital gain had the trust that disposed of the asset been a resident.<\/span><\/p>\n

<\/p>\n

(b) \u00a0\u00a0\u00a0Where item (a) applies, the amount derived by the beneficiary must be taken into account as a capital gain for the purpose of calculating that beneficiary\u2019s aggregate capital gain or aggregate capital loss for that year of assessment.<\/span><\/p>\n

[Subparagraph\u00a0(2A)\u00a0inserted by\u00a0section 52(b)\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0\u00a0Where during any year of assessment any resident acquires a vested right to any amount representing capital of any trust which is not a resident, and-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0that capital consists of or is derived, directly or indirectly, from an amount-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0determined as a capital gain of that trust; or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0which would have been determined as a capital gain of that trust had that trust been a resident,<\/span><\/p>\n

<\/p>\n

in any previous year of assessment during which that resident had a contingent right to that capital; and<\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0that capital gain or the amount that would have been determined as a capital gain has not been subject to tax in the Republic in terms of the provisions of this Act,<\/span><\/p>\n

<\/p>\n

that amount must be taken into account as a capital gain when determining the aggregate capital gain or aggregate capital loss of that resident in respect of the year of assessment in which that resident acquired that vested right.<\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0\u00a0In determining, for purposes of subparagraph (1), (2) or (3), whether an amount would have constituted a capital gain had the trust been a resident, the provisions of paragraph 64B<\/a>(1) and (4) must be disregarded in respect of an amount derived by that trust, directly or indirectly, from the disposal or in respect of an equity share in a foreign company if-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0more than 50 per cent of the total participation rights, as defined in\u00a0section 9D<\/a>(1), or of the voting rights in that company are directly or indirectly held or are exercisable, as the case may be, by that trust whether alone or together with any one or more persons that are connected persons in relation to that trust; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0to the extent to which that amount is not derived from an amount that must be included in the income of or attributed to-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the resident to whom an amount is attributed in terms of subparagraph (1), (2) or (3); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0a resident who is a connected person in relation to the resident referred to in subitem (i).<\/span><\/p>\n

[Sub\u00adparagraph (4) amended by section 64 of Act 34 of 2019]<\/span><\/p>\n

[Paragraph 80 amended by section 108 of Act 60 of 2001, section 58 of Act 20 of 2006,\u00a0section 62 of Act 3 of 2008, section 86 of Act 60 of 2008, section 80 of Act 17 of 2009, section 150 of Act 31 of 2013, section 123 of Act 25 of 2015, section 75 of Act 17 of 2017 and substituted by section 87 of Act 23 of 2018 effective on 1 March 2019, applies in respect of disposals on or after that date]<\/span><\/p>\n","post_title":"Paragraph 80 (Eighth Schedule) - Capital gain attributed to beneficiary","collection_order":1358,"collection":597,"post_modified":"2022-02-05 23:05:00","post_date":"2015-10-15 12:13:05"},{"ID":"2430","post_content":"

81. \u00a0 \u00a0Base cost of interest in discretionary trust<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Despite paragraph 38<\/a>(1)(b), a person\u2019s interest in a discretionary trust must be treated as having a base cost of nil.<\/p>\n","post_title":"Paragraph 81 (Eighth Schedule) - Base cost of interest in discretionary trust","collection_order":1359,"collection":597,"post_modified":"2017-01-14 20:49:35","post_date":"2015-10-15 12:13:05"},{"ID":"2432","post_content":"

82. \u00a0 \u00a0Death of beneficiary of special trust<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Where a beneficiary of a special trust dies, that trust must continue to be treated as a special trust for the purposes of this Schedule until the earlier of the disposal of all assets held by that trust or two years after the date of death of that beneficiary.<\/p>\n","post_title":"Paragraph 82 (Eighth Schedule) - Death of beneficiary of special trust","collection_order":1360,"collection":597,"post_modified":"2017-01-14 20:49:36","post_date":"2015-10-15 12:13:05"},{"ID":"2434","post_content":"

83. \u00a0 \u00a0Insolvent estate of person<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For the purposes of this Schedule, the disposal of an asset by the insolvent estate of a person shall be treated in the same manner as if that asset had been disposed of by that person.<\/span><\/p>\n

<\/p>\n

(2) \u00a0 \u00a0 No person whose estate has been voluntarily or compulsorily sequestrated may carry forward any assessed capital loss incurred prior to the date of sequestration.<\/span><\/p>\n

<\/p>\n


<\/strong><\/span><\/p>\n

84. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

85. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

86. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

87. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

88. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n


<\/strong><\/span><\/p>\n


<\/strong><\/span><\/p>\n

89. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

90. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

91. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

92. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

93. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

94. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

95. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n

<\/p>\n

96. \u00a0 \u00a0\u2026\u2026\u2026.<\/strong><\/span><\/p>\n","post_title":"Paragraph 83 (Eighth Schedule) - Insolvent estate of person","collection_order":1361,"collection":597,"post_modified":"2021-04-06 15:11:20","post_date":"2015-10-15 12:13:05"},{"ID":"2436","post_content":"

PART <\/strong>XIV<\/strong><\/p>\n

Miscellaneous<\/strong><\/p>\n","post_title":"Part XIV - Miscellaneous","collection_order":1362,"collection":597,"post_modified":"2017-05-26 10:39:32","post_date":"2015-10-15 12:13:05"},{"ID":"2438","post_content":"

97. \u00a0 \u00a0Transactions during transitional period<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For purposes of this paragraph \u201ctransitional period\u201d means the period from 23 February 2000 until and including the day before the valuation date.<\/span><\/p>\n

\u00a0<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Subject to subparagraph (3), where a person-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 acquired an asset during the transitional period by means of a non-arm\u2019s length transaction, that person shall for purposes of paragraph 30 be treated as having acquired that asset-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 at the time when the person who disposed of that asset acquired that asset; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 at a cost equal to the base cost of that asset in the hands of the person who disposed of it; or<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 acquired an asset during the transitional period directly or indirectly from a person who was a connected person in relation to that person at-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the time of that acquisition; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 any time during the period from the date of that acquisition up to a subsequent disposal of that asset by that person within three years of that acquisition,<\/span><\/p>\n

\u00a0<\/p>\n

that person shall for purposes of paragraph 30 be treated as having acquired that asset-<\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 at the time when that connected person acquired that asset, or is treated as having acquired that asset in terms of this paragraph; and<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 at a cost equal to the base cost of that asset in the hands of that connected person, or an amount which is treated as the base cost of that asset in the hands of that connected person in terms of this paragraph; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 reacquired an asset within a period of ninety days after its disposal during the transitional period-<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by means of a non-arm\u2019s length transaction; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 directly or indirectly to a connected person in relation to that person,<\/span><\/p>\n

\u00a0<\/p>\n

that person shall for the purposes of paragraph 30 be treated as having reacquired that asset-<\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 at the time when that person originally acquired that asset prior to that disposal; and<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 at a cost equal to the base cost of that asset at the time of that disposal; or<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 acquired an asset within a period of ninety days after the disposal, during the transitional period, of a substantially similar asset that was disposed of-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 by means of a non-arm\u2019s length transaction; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 directly or indirectly to a connected person in relation to that person, in order to replace the asset so disposed of,<\/span><\/p>\n

\u00a0<\/p>\n

that person shall for the purposes of paragraph 30 be treated as having acquired that asset-<\/p>\n

\u00a0<\/p>\n

(aa)\u00a0\u00a0\u00a0 at the time when that person acquired the substantially similar asset; and<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 at a cost equal to the base cost of that substantially similar asset at the time of that disposal.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 The provisions of this paragraph do not apply to any disposal of an asset by a fund contemplated in section 29A<\/a>(4) to any other such fund in terms of section 29A<\/a>(6) or (7).<\/span><\/p>\n","post_title":"Paragraph 97 (Eighth Schedule) - Transactions during transitional period","collection_order":1363,"collection":597,"post_modified":"2016-10-31 13:18:54","post_date":"2015-10-15 12:13:05"},{"ID":"2440","post_content":"

NINTH SCHEDULE<\/strong><\/p>\n

(Section 30<\/a>)<\/strong><\/p>\n

\u00a0<\/strong>PUBLIC BENEFIT ACTIVITIES<\/strong><\/p>\n","post_title":"Ninth Schedule - Public Benefit Activities","collection_order":1364,"collection":597,"post_modified":"2017-01-14 20:02:36","post_date":"2015-10-15 12:13:05"},{"ID":"5427","post_content":"

Ninth Schedule Index<\/strong><\/p>\n


<\/strong><\/p>\n

Part I<\/a><\/strong><\/p>\n


<\/strong><\/p>\n

Paragraph 1 \u2013 Welfare and Humanitarian<\/a><\/p>\n

Paragraph 2 \u2013 Health Care<\/a><\/p>\n

Paragraph 3 \u2013 Land and Housing<\/a><\/p>\n

Paragraph 4 \u2013\u00a0 Education and Development\ufeff<\/a><\/p>\n

Paragraph 5 \u2013 Religion, Belief or Philosophy\ufeff<\/a><\/p>\n

Paragraph 6 \u2013 Cultural<\/a><\/p>\n

Paragraph 7 \u2013 Conservation, Environment and Animal Welfare\ufeff<\/a><\/p>\n

Paragraph 8 \u2013 Research and consumer rights<\/a><\/p>\n

Paragraph 9 \u2013 Sport<\/a><\/p>\n

Paragraph 10 \u2013 Providing of funds, assets or other resources<\/a><\/p>\n

Paragraph 11 \u2013 General<\/a><\/p>\n

<\/p>\n

Part II<\/a><\/strong><\/p>\n


<\/strong><\/p>\n

Paragraph 1 \u2013 Welfare and Humanitarian<\/a><\/p>\n

Paragraph\u00a02 \u2013 Health Care<\/a><\/p>\n

Paragraph 3 \u2013 Education and Development\ufeff<\/a><\/p>\n

Paragraph 4 \u2013 Conservation, Environment and Animal Welfare<\/a><\/p>\n

Paragraph 5 \u2013 Land and Housing<\/a><\/p>\n","post_title":"Ninth Schedule Index","collection_order":1365,"collection":597,"post_modified":"2022-02-05 23:05:18","post_date":"2016-05-27 13:39:06"},{"ID":"2442","post_content":"

Part I<\/strong><\/p>\n","post_title":"Part I of the Ninth Schedule","collection_order":1366,"collection":597,"post_modified":"2016-05-04 09:57:06","post_date":"2015-10-15 12:13:05"},{"ID":"2444","post_content":"

1. \u00a0 \u00a0Welfare and Humanitarian<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The care or counseling of, or the provision of education programmes relating to, abandoned, abused, neglected, orphaned or homeless children.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The care or counseling of poor and needy persons where more than 90 per cent of those persons to whom the care or counseling are provided are over the age of 60.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The care or counseling of, or the provision of education programmes relating to, physically or mentally abused and traumatized persons.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 The provision of disaster relief.<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 The rescue or care of persons in distress.<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 The provision of poverty relief.<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 Rehabilitative care or counseling or education of prisoners, former prisoners and convicted offenders and persons awaiting trial.<\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 The rehabilitation, care or counseling of persons addicted to a dependence-forming substance or the provision of preventative and education programmes regarding addiction to dependence-forming substances.<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 Conflict resolution, the promotion of reconciliation, mutual respect and tolerance between the various peoples of South Africa.<\/span><\/p>\n

\u00a0<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 The promotion or advocacy of human rights and democracy.<\/span><\/p>\n

\u00a0<\/p>\n

(k)\u00a0\u00a0\u00a0\u00a0 The protection of the safety of the general public.<\/span><\/p>\n

\u00a0<\/p>\n

(l)\u00a0\u00a0\u00a0\u00a0\u00a0 The promotion or protection of family stability.<\/span><\/p>\n

\u00a0<\/p>\n

(m)\u00a0\u00a0\u00a0 The provision of legal services for poor and needy persons.<\/span><\/p>\n

\u00a0<\/p>\n

(n)\u00a0\u00a0\u00a0\u00a0 The provision of facilities for the protection and care of children under school-going age of poor and needy parents.<\/span><\/p>\n

\u00a0<\/p>\n

(o)\u00a0\u00a0\u00a0\u00a0 The promotion or protection of the rights and interests of, and the care of, asylum seekers and refugees.<\/span><\/p>\n

\u00a0<\/p>\n

(p)\u00a0\u00a0\u00a0\u00a0 Community development for poor and needy persons and anti-poverty initiatives, including \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the promotion of community-based projects relating to self-help, empowerment, capacity building, skills development or antipoverty;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the provision of training, support or assistance to communitybased projects contemplated in item (i); or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 the provision of training, support or assistance to emerging micro enterprises to improve capacity to start and manage businesses, which may include the granting of loans on such conditions as may be prescribed by the Minister by way of regulation.<\/span><\/p>\n

\u00a0<\/p>\n

(q)\u00a0\u00a0\u00a0\u00a0 The promotion of access to media and a free press.<\/span><\/p>\n","post_title":"Paragraph 1 (Ninth Schedule - Part I) - Welfare and humanitarian","collection_order":1367,"collection":597,"post_modified":"2016-10-31 13:22:29","post_date":"2015-10-15 12:13:05"},{"ID":"2446","post_content":"

2. \u00a0 \u00a0Health Care<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The provision of health care services to poor and needy persons.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The care or counseling of terminally ill persons or persons with a severe physical or mental disability, and the counseling of their families in this regard.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The prevention of HIV infection, the provision of preventative and education programmes relating to HIV\/AIDS.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 The care, counseling or treatment of persons afflicted with HIV\/AIDS, including the care or counseling of their families and dependants in this regard.<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 The provision of blood transfusion, organ donor or similar services.<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 The provision of primary health care education, sex education or family planning.<\/span><\/p>\n","post_title":"Paragraph 2 (Ninth Schedule - Part I) - Health care","collection_order":1368,"collection":597,"post_modified":"2016-10-31 13:23:14","post_date":"2015-10-15 12:13:05"},{"ID":"2448","post_content":"

3. \u00a0 \u00a0Land and Housing<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The development, construction, upgrading, conversion or procurement of housing units for the benefit of persons whose monthly household income is equal to or less than R15 000 or any greater amount determined by the Minister of Finance by notice in the Gazette<\/em> after consultation with the Minister of Housing.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The development, servicing, upgrading or procurement of stands, or the provision of building materials, for purposes of the activities contemplated in subparagraph (a).<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The provision of residential care for retired persons, where \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 more than 90 per cent of the persons to whom the residential care is provided are over the age of 60 and nursing services are provided by the organisation carrying on such activity; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 residential care for retired persons who are poor and needy is actively provided by that organisation without full recovery of cost.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 Building and equipping of-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 clinics or creches; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 community centres, sport facilities or other facilities of a similar nature, for the benefit of the poor and needy.<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 The promotion, facilitation and support of access to land and use of land, housing and infrastructural development for promoting official land reform programmes.<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 Granting of loans for purposes of subparagraph (a) or (b), and the provision of security or guarantees in respect of such loans, subject to such conditions as may be prescribed by the Minister by way of regulation.<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 The protection, enforcement or improvement of the rights of poor and needy tenants, labour tenants or occupiers, to use or occupy land or housing.<\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 The provision of training, support or assistance to emerging farmers in order to improve capacity to start and manage agricultural operations.<\/span><\/p>\n","post_title":"Paragraph 3 (Ninth Schedule) - Land and housing","collection_order":1369,"collection":597,"post_modified":"2016-10-31 13:24:09","post_date":"2015-10-15 12:13:05"},{"ID":"2450","post_content":"

4. \u00a0 \u00a0Education and Development<\/span><\/strong><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The provision of education by a \u201cschool\u201d as defined in the South African Schools Act, 1996, (Act No. 84 of 1996).<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The provision of \u201chigher education\u201d by a \u201chigher education institution\u201d as defined in terms of the Higher Education Act, 1997, (Act No. 101 of 1997).<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cAdult education and training\u201d, as defined in the Adult Education and Training Act, 2000, (Act No. 52 of 2000), including literacy and numeracy education.<\/span><\/p>\n

[Subparagraph (c) substituted by section 80 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cContinuing education and training\u201d provided by a \u201cprivate college\u201d as defined in the Continuing Education and Training Colleges Act, 2006 (Act 16 of 2006), which is registered in terms of that Act.<\/span><\/p>\n

[Subparagraph\u00a0(d) substituted by\u00a0section 63\u00a0of\u00a0Act 3 of 2008, by\u00a0section 80(a)\u00a0of\u00a0Act\u00a015 of 2016\u00a0and by\u00a0section 53\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 Training for unemployed persons with the purpose of enabling them to obtain employment.<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 The training or education of persons with a severe physical or mental disability.<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 The provision of bridging courses to enable educationally disadvantaged persons to enter a higher education institution as envisaged in subparagraph (b).<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 The provision of educare or early childhood development services for pre-school children.<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 Training of persons employed in the national, provincial and local spheres of government, for purposes of capacity building in those spheres of government.<\/span><\/p>\n

<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 The provision of school buildings or equipment for public schools and educational institutions engaged in public benefit activities contemplated in subparagraphs (a) to (h).<\/span><\/p>\n

<\/p>\n

(k)\u00a0\u00a0\u00a0\u00a0 Career guidance and counseling services provided to persons attending any school or higher education institution as envisaged in subparagraphs (a) and (b).<\/span><\/p>\n

<\/p>\n

(l)\u00a0\u00a0\u00a0\u00a0\u00a0 The provision of hostel accommodation to students of a public benefit organisation contemplated in section 30<\/a> or an institution, board or body contemplated in section 10(1)(cA)<\/a>(i), carrying on activities envisaged in subparagraphs (a) to (g).<\/span><\/p>\n

<\/p>\n

(m)\u00a0\u00a0\u00a0 Programmes addressing needs in education provision, learning, teaching, training, curriculum support, governance, whole school development, safety and security at schools, pre-schools or educational institutions as envisaged in subparagraphs (a) to (h).<\/span><\/p>\n

<\/p>\n

(n)\u00a0\u00a0\u00a0\u00a0 Educational enrichment, academic support, supplementary tuition or outreach programmes for the poor and needy.<\/span><\/p>\n

<\/p>\n

(o)\u00a0\u00a0\u00a0\u00a0 The provision of scholarships, bursaries, awards and loans for study, research and teaching on such conditions as may be prescribed by the Minister by way of regulation in the Gazette.<\/em><\/span><\/p>\n

<\/p>\n

(p)\u00a0\u00a0\u00a0\u00a0 The provision or promotion of educational programmes with respect to financial services and products, carried on under the auspices of a public entity listed under Schedule 3A of the Public Finance Management Act.<\/span><\/p>\n


<\/span><\/p>\n

(q)\u00a0\u00a0\u00a0\u00a0\u00a0The provision, to the general public, of education and training programmes and courses that are administered and accredited by entities contemplated in paragraph (r);<\/span><\/p>\n

[Paragraph (q) added by section 80 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/p>\n

<\/p>\n

(r)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0The administration, provision and publication of qualification and certification services by industry organisations recognised by an industry specific organisation and its qualifications accredited by the Quality Council for Trades and Occupations established in 2010 in terms of the Skills Development Act, 1998 (Act No. 97 of 1998).<\/span><\/p>\n

[Paragraph (r) added by section 80 of Act 15 of 2016 effective on 19 January 2017]<\/span><\/span><\/p>\n","post_title":"Paragraph 4 (Ninth Schedule) - Education and development","collection_order":1370,"collection":597,"post_modified":"2022-02-05 23:05:34","post_date":"2015-10-15 12:13:05"},{"ID":"2452","post_content":"

5. \u00a0 \u00a0Religion, Belief or Philosophy<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The promotion or practice of religion which encompasses acts of worship, witness, teaching and community service based on a belief in a deity.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The promotion and\/or practice of a belief.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The promotion of, or engaging in, philosophical activities.<\/span><\/p>\n","post_title":"Paragraph 5 (Ninth Schedule) - Religion, belief or philosophy","collection_order":1371,"collection":597,"post_modified":"2016-10-31 13:25:52","post_date":"2015-10-15 12:13:05"},{"ID":"2454","post_content":"

6. \u00a0 \u00a0Cultural<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The advancement, promotion or preservation of the arts, culture or customs.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The promotion, establishment, protection, preservation or maintenance of areas, collections or buildings of historical or cultural interest, national monuments, national heritage sites, museums, including art galleries, archives and libraries.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The provision of youth leadership or development programmes.<\/span><\/p>\n","post_title":"Paragraph 6 (Ninth Schedule) - Cultural","collection_order":1372,"collection":597,"post_modified":"2016-10-31 13:26:08","post_date":"2015-10-15 12:13:05"},{"ID":"2456","post_content":"

7. \u00a0 \u00a0Conservation, Environment and Animal Welfare<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Engaging in the conservation, rehabilitation or protection of the natural environment, including flora, fauna or the biosphere.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The care of animals, including the rehabilitation, or prevention of the ill-treatment of animals.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The promotion of, and education and training programmes relating to, environmental awareness, greening, clean-up or sustainable development projects.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 The establishment and management of a transfrontier area, involving two or more countries, which \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is or will fall under a unified or coordinated system of management without compromising national sovereignty; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 has been established with the explicit purpose of supporting the conservation of biological diversity, job creation, free movement of animals and tourists across the international boundaries within the peace park, and the building of peace and understanding between the nations concerned.<\/span><\/p>\n","post_title":"Paragraph 7 (Ninth Schedule) - Conservation, environment and animal welfare","collection_order":1373,"collection":597,"post_modified":"2016-10-31 13:26:42","post_date":"2015-10-15 12:13:05"},{"ID":"2458","post_content":"

8.\u00a0 Research and consumer rights<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Research including agricultural, economic, educational, industrial, medical, political, social, scientific and technological research.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The protection and promotion of consumer rights and the improvement of control and quality with regard to products or services.<\/span><\/p>\n","post_title":"Paragraph 8 (Ninth Schedule) - Research and consumer rights","collection_order":1374,"collection":597,"post_modified":"2016-10-31 13:26:54","post_date":"2015-10-15 12:13:05"},{"ID":"2460","post_content":"

9. \u00a0 \u00a0Sport<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

The administration, development, co-ordination or promotion of sport or recreation in which the participants take part on a non-professional basis as a pastime.<\/p>\n","post_title":"Paragraph 9 (Ninth Schedule) - Sport","collection_order":1375,"collection":597,"post_modified":"2016-10-31 13:27:03","post_date":"2015-10-15 12:13:05"},{"ID":"2462","post_content":"

10. \u00a0 \u00a0Providing of funds, assets or other resources<\/span> <\/strong><\/p>\n

\u00a0<\/p>\n

The provision of \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 funds, assets, services or other resources by way of donation;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 assets or other resources by way of sale for a consideration not exceeding the direct cost to the organisation providing the assets or resources;<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 funds by way of loan at no charge; or<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 assets by way of lease for an annual consideration not exceeding the direct cost to the organisation providing the asset divided by the total useful life of the asset,<\/span><\/p>\n

\u00a0<\/p>\n

to any \u2013<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 public benefit organisation which has been approved in terms of section 30<\/a>;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 institution, board or body contemplated in section 10(1)(cA)<\/a>(i), which conducts one or more public benefit activities in this part (other than this paragraph);<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 association of persons carrying on one or more public benefit activity contemplated in this part (other than this paragraph), in the Republic; or<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 department of state or administration in the national or provincial or local sphere of government of the Republic, contemplated in section 10(1)(a)<\/a>.<\/span><\/p>\n","post_title":"Paragraph 10 (Ninth Schedule) - Providing funds, assets or other resources","collection_order":1376,"collection":597,"post_modified":"2016-10-31 13:27:57","post_date":"2015-10-15 12:13:05"},{"ID":"2464","post_content":"

11. \u00a0 \u00a0General<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The provision of support services to, or promotion of the common interests of public benefit organisations contemplated in section 30<\/a> or institutions, boards or bodies contemplated in section 10(1)(cA)<\/a>(i), which conduct one or more public benefit activities contemplated in this part.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The bid to host or hosting of any international event approved by the Minister for purposes of this paragraph, having regard to \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the foreign participation in that event; and<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the economic impact that event may have on the country as a whole.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The promotion, monitoring or reporting of development assistance for the poor and needy.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 The provision of funds to an organisation-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 which is incorporated, formed or established in any country other than the Republic;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 which is exempt from tax on income in that other country;<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 the sole or principal object of which is the carrying on of one or more activities that would qualify as public benefit activities listed in Part I of this Schedule if carried on in the Republic; and<\/span><\/p>\n

\u00a0<\/p>\n

(iv)\u00a0\u00a0\u00a0 that carries on each of its activities-<\/span><\/p>\n

\u00a0<\/p>\n

(aa) \u00a0 in a non-profit manner;<\/span><\/p>\n

\u00a0<\/p>\n

(bb)\u00a0\u00a0 with altruistic or philanthropic intent;<\/span><\/p>\n

\u00a0<\/p>\n

(cc) \u00a0 in a manner which does not directly or indirectly promote the economic self-interest of any fiduciary or employee of the organisation other than by way of reasonable remuneration; and<\/span><\/p>\n

\u00a0<\/p>\n

(dd)\u00a0\u00a0 for the benefit of, or is widely accessible to the general public of that country including any sector thereof (other than small and exclusive groups).<\/span><\/p>\n","post_title":"Paragraph 11 (Ninth Schedule) - General","collection_order":1377,"collection":597,"post_modified":"2016-10-31 13:29:27","post_date":"2015-10-15 12:13:05"},{"ID":"2466","post_content":"

Part II<\/strong><\/p>\n","post_title":"Part II of the Ninth Schedule","collection_order":1378,"collection":597,"post_modified":"2016-05-04 09:57:57","post_date":"2015-10-15 12:13:05"},{"ID":"2468","post_content":"

1. \u00a0 \u00a0Welfare and Humanitarian<\/strong><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The care or counseling of, or the provision of education programmes relating to, abandoned, abused, neglected, orphaned or homeless children.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The care or counseling of poor and needy persons where more than 90 per cent of those persons to whom the care or counseling are provided are over the age of 60.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The care or counseling of, or the provision of education programmes relating to, physically or mentally abused and traumatised persons.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 The provision of disaster relief.<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 The rescue or care of persons in distress.<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 The provision of poverty relief.<\/span><\/p>\n

\u00a0<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 Rehabilitative care or counseling or education of prisoners, former prisoners and convicted offenders and persons awaiting trial.<\/span><\/p>\n

\u00a0<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 The rehabilitation, care or counseling of persons addicted to a dependence-forming substance or the provision of preventative and education programmes regarding addiction to dependence-forming substances.<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 Conflict resolution, the promotion of reconciliation, mutual respect and tolerance between the various peoples of South Africa.<\/span><\/p>\n

\u00a0<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 The promotion or advocacy of human rights and democracy.<\/span><\/p>\n

\u00a0<\/p>\n

(k)\u00a0\u00a0\u00a0\u00a0 The protection of the safety of the general public.<\/span><\/p>\n

\u00a0<\/p>\n

(l)\u00a0\u00a0\u00a0\u00a0\u00a0 The promotion or protection of family stability.<\/span><\/p>\n

\u00a0<\/p>\n

(m)\u00a0\u00a0\u00a0 The provision of legal services for poor and needy persons.<\/span><\/p>\n

\u00a0<\/p>\n

(n)\u00a0\u00a0\u00a0\u00a0 The provision of facilities for the protection and care of children under school-going age of poor and needy parents.<\/span><\/p>\n

\u00a0<\/p>\n

(o)\u00a0\u00a0\u00a0\u00a0 The promotion or protection of the rights and interests of, and the care of, asylum seekers and refugees.<\/span><\/p>\n

\u00a0<\/p>\n

(p)\u00a0\u00a0\u00a0\u00a0 Community development for poor and needy persons and anti-poverty initiatives, including-<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 the promotion of community-based projects relating to self-help, empowerment, capacity building, skills development or anti-poverty;<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the provision of training, support or assistance to community-based projects contemplated in item (i); or<\/span><\/p>\n

\u00a0<\/p>\n

(iii)\u00a0\u00a0\u00a0 the provision of training, support or assistance to emerging micro enterprises to improve capacity to start and manage businesses, which may include the granting of loans on such conditions as may be prescribed by the Minister by way of regulation.<\/span><\/p>\n

\u00a0<\/p>\n

(q)\u00a0\u00a0\u00a0\u00a0 The promotion of access to media and a free press.<\/span><\/p>\n","post_title":"Paragraph 1 (Ninth Schedule - Part II) - Welfare and humanitarian","collection_order":1379,"collection":597,"post_modified":"2016-10-31 13:32:53","post_date":"2015-10-15 12:13:05"},{"ID":"5438","post_content":"

2. \u00a0 \u00a0Health Care<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The provision of health care services to poor and needy persons.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The care or counseling of terminally ill persons or persons with a severe physical or mental disability, and the counseling of their families in this regard.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The prevention of HIV infection, the provision of preventative and education programmes relating to HIV\/AIDS.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 The care, counseling or treatment of persons afflicted with HIV\/AIDS, including the care or counseling of their families and dependants in this regard.<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 The provision of blood transfusion, organ donor or similar services.<\/span><\/p>\n

\u00a0<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 The provision of primary health care education, sex education or family planning.<\/span><\/p>\n","post_title":"Paragraph 2 (Ninth Schedule - Part II) - Health care","collection_order":1380,"collection":597,"post_modified":"2016-10-31 13:19:43","post_date":"2016-05-27 13:57:13"},{"ID":"2472","post_content":"

3. \u00a0 \u00a0Education and Development<\/span><\/strong><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The provision of education by a \u201cschool\u201d as defined in the South African Schools Act, 1996, (Act No. 84 of 1996).<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The provision of \u201chigher education\u201d by a \u201chigher education institution\u201d as defined in terms of the Higher Education Act, 1997, (Act No. 101 of 1997).<\/span><\/p>\n

<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cAdult education and training\u201d, as defined in the Adult Education and Training Act, 2000 (Act 52 of 2000), including literacy and numeracy education.<\/span><\/p>\n

[Subparagraph\u00a0(c)\u00a0substituted by\u00a0section 54(a)\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0\u00a0\u201cContinuing education and training\u201d provided by a \u201cprivate college\u201d as defined in the Continuing Education and Training Colleges Act, 2006 (Act 16 of 2006), which is registered in terms of that Act.<\/span><\/p>\n

[Subparagraph\u00a0(d) substituted by\u00a0section 64\u00a0of\u00a0Act 3 of 2008\u00a0and by\u00a0section 54(b)\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 Training for unemployed persons with the purpose of enabling them to obtain employment.<\/span><\/p>\n

<\/p>\n

(f)\u00a0\u00a0\u00a0\u00a0\u00a0 The training or education of persons with a severe physical or mental disability.<\/span><\/p>\n

<\/p>\n

(g)\u00a0\u00a0\u00a0\u00a0 The provision of bridging courses to enable educationally disadvantaged persons to enter a higher education institution as envisaged in subparagraph (b).<\/span><\/p>\n

<\/p>\n

(h)\u00a0\u00a0\u00a0\u00a0 The provision of educare or early childhood development services for pre-school children.<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 The provision of school buildings or equipment for public schools and educational institutions engaged in public benefit activities contemplated in subparagraphs (a) to (h).<\/span><\/p>\n

<\/p>\n

(j)\u00a0\u00a0\u00a0\u00a0\u00a0 Programmes addressing needs in education provision, learning, teaching, training, curriculum support, governance, whole school development, safety and security at schools, pre-schools or educational institutions as envisaged in subparagraphs (a) to (h).<\/span><\/p>\n

<\/p>\n

(k)\u00a0\u00a0\u00a0\u00a0 Educational enrichment, academic support, supplementary tuition or outreach programmes for the poor and needy.<\/span><\/p>\n

<\/p>\n

(l)\u00a0\u00a0\u00a0\u00a0\u00a0 Training of persons employed in the national, provincial and local spheres of government, for purposes of capacity building in those spheres of government.<\/span><\/p>\n

<\/p>\n

(m)\u00a0\u00a0\u00a0 Career guidance and counseling services provided to persons attending any school or higher education institution as envisaged in subparagraphs (a) and (b).<\/span><\/p>\n

<\/p>\n

(n)\u00a0\u00a0\u00a0\u00a0 The provision of hostel accommodation to students of a public benefit organisation contemplated in section 30<\/a> or an institution, board or body contemplated in section 10(1)(cA)<\/a>(i), carrying on activities envisaged in subparagraphs (a) to (g).<\/span><\/p>\n

<\/p>\n

(o)\u00a0\u00a0\u00a0\u00a0 The provision of scholarships, bursaries, awards and loans for study, research and teaching on such conditions as may be prescribed by the Minister by way of regulation in the Gazette.<\/em><\/span><\/p>\n

<\/p>\n

(p)\u00a0\u00a0\u00a0\u00a0 The provision or promotion of educational programmes with respect to financial services and products, carried on under the auspices of a public entity listed under Schedule 3A of the Public Finance Management Act.<\/span><\/p>\n","post_title":"Paragraph 3 (Ninth Schedule) - Education and development","collection_order":1381,"collection":597,"post_modified":"2022-02-05 23:05:53","post_date":"2015-10-15 12:13:05"},{"ID":"2474","post_content":"

4. \u00a0 \u00a0Conservation, Environment and Animal Welfare<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 Engaging in the conservation, rehabilitation or protection of the natural environment, including flora, fauna or the biosphere.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The care of animals, including the rehabilitation or prevention of the ill-treatment of animals.<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 The promotion of, and education and training programmes relating to, environmental awareness, greening, clean-up or sustainable development projects.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 The establishment and management of a transfrontier area, involving two or more countries, which \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 is or will fall under a unified or coordinated system of management without<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 has been established with the explicit purpose of supporting the conservation of biological diversity, job creation, free movement of animals and tourists across the international boundaries of the peace park, and the building of peace and understanding between the nations concerned.<\/span><\/p>\n","post_title":"Paragraph 4 (Ninth Schedule) - Conservation, environment and animal welfare","collection_order":1382,"collection":597,"post_modified":"2016-10-31 13:34:37","post_date":"2015-10-15 12:13:05"},{"ID":"2476","post_content":"

5.\u00a0 Land and Housing<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The development, construction, upgrading, conversion or procurement of housing units for the benefit of persons whose monthly household income is equal to or less than R15 000 or any greater amount determined by the Minister of Finance by notice in the Gazette<\/em> after consultation with the Minister of Housing.<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 The development, servicing, upgrading or procurement of stands, or the provision of building materials, for purposes of the activities contemplated in subparagraph (a).<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 Building and equipping of clinics or creches for the benefit of the poor and needy.<\/span><\/p>\n

\u00a0<\/p>\n

(d)\u00a0\u00a0\u00a0\u00a0 The protection, enforcement or improvement of the rights of poor and needy tenants, labour tenants or occupiers, to use or occupy land or housing.<\/span><\/p>\n

\u00a0<\/p>\n

(e)\u00a0\u00a0\u00a0\u00a0 The promotion, facilitation and support of access to land and use of land, housing and infrastructural development for promoting official land reform programmes.<\/span><\/p>\n","post_title":"Paragraph 5 (Ninth Schedule) - Land and housing","collection_order":1383,"collection":597,"post_modified":"2016-10-31 13:35:19","post_date":"2015-10-15 12:13:05"},{"ID":"2478","post_content":"

TENTH SCHEDULE<\/strong><\/p>\n


<\/strong><\/p>\n

\u00a0OIL AND GAS ACTIVITIES<\/strong><\/p>\n","post_title":"Tenth Schedule - Oil and gas activities","collection_order":1384,"collection":597,"post_modified":"2017-05-26 10:40:02","post_date":"2015-10-15 12:13:05"},{"ID":"5456","post_content":"

Tenth Schedule Index<\/strong><\/p>\n

<\/p>\n

Paragraph 1 \u2013 Definitions<\/a><\/p>\n

Paragraph 2 \u2013 Rate<\/a><\/p>\n

Paragraph 3 \u2013 Withholding taxes<\/a><\/p>\n

Paragraph 4 \u2013 Foreign currency gains or losses<\/a><\/p>\n

Paragraph 5 \u2013 Deductions from income derived from oil and gas activities<\/a><\/p>\n

Paragraph 6 \u2013 Exploration and post-exploration expenses<\/a><\/p>\n

Paragraph 7 \u2013 Disposal of oil and gas right<\/a><\/p>\n

Paragraph 8 \u2013 Fiscal stability<\/a><\/p>\n","post_title":"Tenth Schedule Index","collection_order":1385,"collection":597,"post_modified":"2022-02-05 23:06:04","post_date":"2016-06-01 09:54:47"},{"ID":"2480","post_content":"

1. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

For purposes of this Schedule, unless the context otherwise indicates \u2013<\/p>\n","post_title":"Paragraph 1 (Tenth Schedule) - Definitions","collection_order":1386,"collection":597,"post_modified":"2016-10-31 13:39:12","post_date":"2015-10-15 12:13:05"},{"ID":"2482","post_content":"

\u2018exploration\u2019<\/strong> means the acquisition, processing and analysis of geological and geophysical data or the undertaking of activities in verifying the presence or absence of hydrocarbons (up to and including the appraisal phase) conducted for the purpose of determining whether a reservoir is economically feasible to develop;<\/p>\n","post_title":"\"Exploration\" definition of Tenth Schedule","collection_order":1387,"collection":597,"post_modified":"2017-05-26 10:42:32","post_date":"2015-10-15 12:13:05"},{"ID":"2484","post_content":"

\u2018gas\u2019 <\/strong>means any subsoil combustible gas, consisting primarily of hydrocarbons, other than hydrocarbons converted from bituminous shales or other stratified deposits of solid hydrocarbons;<\/p>\n","post_title":"\"Gas\" definition of Tenth Schedule","collection_order":1388,"collection":597,"post_modified":"2017-05-26 10:43:08","post_date":"2015-10-15 12:13:05"},{"ID":"2486","post_content":"

\u2018oil\u2019<\/strong> means any subsoil combustible liquid consisting primarily of hydrocarbons, other than hydrocarbons converted from bituminous shales or other stratified deposits of solid hydrocarbons;<\/p>\n","post_title":"\"Oil\" definition of Tenth Schedule","collection_order":1389,"collection":597,"post_modified":"2017-05-26 10:43:07","post_date":"2015-10-15 12:13:05"},{"ID":"2488","post_content":"

\u2018oil and gas company\u2019<\/strong> means any company that \u2013<\/p>\n

\u00a0<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 holds any oil and gas right; or<\/span><\/p>\n

\u00a0<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 engages in exploration or post-exploration in terms of any oil and gas right;<\/span><\/p>\n","post_title":"\"Oil and gas company\" definition of Tenth Schedule","collection_order":1390,"collection":597,"post_modified":"2017-06-15 16:17:34","post_date":"2015-10-15 12:13:05"},{"ID":"2490","post_content":"

\u2018oil and gas income\u2019<\/strong> means the receipts and accruals derived by an oil and gas company from \u2013<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 exploration in terms of any oil and gas right;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 post-exploration in respect of any oil and gas right; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the leasing or disposal of any oil and gas right;<\/span><\/p>\n","post_title":"Oil and gas income definition of Tenth Schedule","collection_order":1391,"collection":597,"post_modified":"2017-06-15 16:17:39","post_date":"2015-10-15 12:13:05"},{"ID":"2492","post_content":"

\u2018oil and gas right\u2019<\/strong> means-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 any reconnaissance permit, technical co-operation permit, exploration right, or production right as defined in section 1 of the Mineral and Petroleum Resources Development Act or any interest therein;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 any exploration right acquired by virtue of a conversion contemplated in item 4 of Schedule II to the Mineral and Petroleum Resources Development Act or any interest therein; or<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 any production right acquired by virtue of a conversion contemplated in item 5 of Schedule II to the Mineral and Petroleum Resources Development Act or any interest therein;<\/span><\/p>\n","post_title":"\"Oil and gas right\" definition of Tenth Schedule","collection_order":1392,"collection":597,"post_modified":"2017-06-15 16:17:43","post_date":"2015-10-15 12:13:05"},{"ID":"2494","post_content":"

\u2018post-exploration\u2019<\/strong> means any activity carried out after the completion of the appraisal phase, including-<\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the separation of oil and gas condensates;<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the drying of gas; and<\/span><\/p>\n

\u00a0<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0 the removal of non-hydrocarbon constituents, to the extent that these processes are preliminary to refining;<\/span><\/p>\n","post_title":"\"Post exploration\" definition of Tenth Schedule","collection_order":1393,"collection":597,"post_modified":"2017-06-15 16:17:48","post_date":"2015-10-15 12:13:05"},{"ID":"2496","post_content":"

2. \u00a0 \u00a0 Rate<\/span><\/strong><\/p>\n


<\/strong><\/p>\n

The rate of tax on taxable income attributable to oil and gas income of any oil and gas company must not exceed 28 cents on each rand of taxable income.<\/p>\n","post_title":"Paragraph 2 (Tenth Schedule) - Rate","collection_order":1394,"collection":597,"post_modified":"2017-05-26 10:43:59","post_date":"2015-10-15 12:13:05"},{"ID":"2498","post_content":"

3. \u00a0 \u00a0Withholding taxes<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1) \u00a0 \u00a0 The rate of dividends tax contemplated in section 64E<\/a> that is paid by an oil and gas company on the amount of any dividend derived from oil and gas income must not exceed zero per cent of the amount of that dividend.<\/span><\/p>\n

\u00a0<\/p>\n

(2) \u00a0 \u00a0 Notwithstanding subparagraph (1), the rate of dividends tax may not exceed 0 per cent of the amount of any dividend, as defined in section 64D<\/a>, that is paid by any oil and gas company out of amounts attributable to its oil and gas income if all of its oil and gas rights are solely derived (directly or indirectly) by virtue of an OP26 right as defined in Schedule II of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), previously held by that company.<\/span><\/p>\n","post_title":"Paragraph 3 (Tenth Schedule) - Withholding taxes","collection_order":1395,"collection":597,"post_modified":"2016-10-31 13:39:41","post_date":"2015-10-15 12:13:05"},{"ID":"2501","post_content":"

4. \u00a0 \u00a0Foreign currency gains or losses<\/span><\/strong><\/p>\n

<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 Currency gains or losses of an oil and gas company during any year of assessment (regardless of whether those gains or losses are realised or unrealised) must be determined solely with reference to-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the functional currency of that company; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 the translation method used by that company for purposes of financial reporting.<\/span><\/p>\n

<\/p>\n

(2)\u00a0\u00a0\u00a0\u00a0 Any amount received by or accrued to, or expenditure incurred by, an oil and gas company during any year of assessment in any currency other than that of the Republic must be-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 determined in the functional currency of that company; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 translated to the currency of the Republic by applying the average exchange rate for that year.<\/span><\/p>\n


<\/p>\n","post_title":"Paragraph 4 (Tenth Schedule) - Foreign currency gains or losses","collection_order":1396,"collection":597,"post_modified":"2018-01-14 10:04:16","post_date":"2015-10-15 12:13:05"},{"ID":"2503","post_content":"

5. \u00a0 \u00a0Deductions from income derived from oil and gas activities<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

(1)\u00a0\u00a0\u00a0\u00a0 For purposes of determining the taxable income of an oil and gas company during any year of assessment, there must be allowed as deductions from the oil and gas income of that company all expenditure and losses actually incurred (other than any expenditure or loss actually incurred in respect of the acquisition of any oil and gas right, except as allowed in paragraph 7<\/a>(3)) in that year in respect of exploration or post-exploration.<\/span><\/p>\n

\u00a0<\/p>\n

(2) \u00a0 \u00a0 In addition to any other deductions (as contemplated in subparagraph (1) other than any expenditure or loss actually incurred in respect of the acquisition of any oil and gas right) allowable in terms of this paragraph, for purposes of determining the taxable income of an oil and gas company during any year of assessment, there must be allowed as deductions from the oil and gas income of that company derived in that year of assessment-<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 100 per cent of all expenditure of a capital nature actually incurred in that year of assessment in respect of exploration in terms of an oil and gas right; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 50 per cent of all expenditure of a capital nature actually incurred in that year of assessment in respect of post-exploration in respect of an oil and gas right.<\/span><\/p>\n

\u00a0<\/p>\n

(2A)\u00a0 For the purposes of determining the taxable income of an oil and gas company during the first year of assessment of that oil and gas company commencing on or after 2 November 2006, there will be brought forward and allowed as a deduction from the oil and gas income of that oil and gas company the amount determined in terms of section 36<\/a>(7E) in respect of the immediately preceding year of assessment.<\/span><\/p>\n

\u00a0<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 For purposes of determining the taxable income of an oil and gas company during any year of assessment, any assessed losses (as defined in section 20<\/a>) in respect of exploration or post-exploration may only be set off against \u2013<\/span><\/p>\n

\u00a0<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 the oil and gas income of that company; and<\/span><\/p>\n

\u00a0<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 income from the refining of gas derived in respect of any oil and gas right held by that company,<\/span><\/p>\n

\u00a0<\/p>\n

to the extent that those assessed losses do not exceed that income.<\/p>\n

\u00a0<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 To the extent that any assessed losses remain after the set-off contemplated in subparagraph (3), an amount equal to 10 per cent of those remaining assessed losses may be set off against any other income derived by that company.<\/span><\/p>\n

\u00a0<\/p>\n

(5) \u00a0 \u00a0 To the extent that any assessed loss remains after the set-offs contemplated in subparagraphs (3) and (4), those losses may be carried forward to the succeeding year of assessment of that oil and gas company.<\/span><\/p>\n","post_title":"Paragraph 5 (Tenth Schedule) - Deductions from income derived from oil and gas activities","collection_order":1397,"collection":597,"post_modified":"2016-10-31 13:41:26","post_date":"2015-10-15 12:13:05"},{"ID":"2505","post_content":"

6. \u00a0 \u00a0Exploration and post-exploration expenses<\/span><\/strong><\/p>\n

\u00a0<\/p>\n

If a company holds an oil and gas right contemplated in paragraph (a) or (b) of the definition of \u2018oil and gas right\u2019 during any year of assessment-<\/p>\n

\u00a0<\/p>\n

(a) \u00a0 \u00a0 that company is deemed to be carrying on a trade in respect of that oil and gas right; and<\/span><\/p>\n

\u00a0<\/p>\n

(b) \u00a0 \u00a0 expenditure and losses incurred by that company in respect of that oil and gas right are deemed to be incurred in the production of income of that company.<\/span><\/p>\n","post_title":"Paragraph 6 (Tenth Schedule) - Exploration and post-exploration expenses","collection_order":1398,"collection":597,"post_modified":"2016-10-31 13:41:50","post_date":"2015-10-15 12:13:05"},{"ID":"2507","post_content":"

7. \u00a0 \u00a0Disposal of oil and gas right<\/span><\/strong><\/p>\n

<\/p>\n

(1) \u00a0 \u00a0 If an oil and gas company disposes of any oil and gas right to another company, that oil and gas company and that other company may (instead of any other provision of this Act) agree in writing that rollover treatment as contemplated in subparagraph (2) or participation treatment as contemplated in subparagraph (3) applies in respect of that right.<\/span><\/p>\n

<\/p>\n

(2) \u00a0 \u00a0 If an oil and gas company disposes of any oil and gas right to another company pursuant to an agreement that rollover treatment as contemplated in subparagraph (1) applies, and the market value of that oil and gas right is equal to or exceeds-<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 in the case that right is held as a capital asset, the base cost of that right on the date of that disposal; or<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 in the case that right is held as trading stock, the amount taken into account in respect of that right in terms of section 11(a)<\/a> or 22<\/a>(1) or (2),<\/span><\/p>\n

<\/p>\n

that company is deemed to have disposed of that right for an amount equal to the amount contemplated in items (a) or (b), as the case may be, and that other company is deemed to have acquired that right \u2013<\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 where that right is so disposed of as a capital asset, for a cost equal to any expenditure in respect of that right incurred by that company that is allowable in terms of paragraph 20<\/a> of the Eighth Schedule<\/a> and to have incurred such cost at the date of incurral by that company of such expenditure, which cost must, where that right is acquired as \u2013<\/span><\/p>\n

<\/p>\n

(A)\u00a0\u00a0\u00a0\u00a0a capital asset, be treated as an expenditure actually incurred by that company in respect of that right for the purposes of paragraph 20 of the Eighth Schedule; or<\/span><\/p>\n

[Sub-item\u00a0(A) amended by\u00a0section 88(1)\u00a0of\u00a0Act\u00a035 of 2007\u00a0and substituted by\u00a0section 55\u00a0of\u00a0Act\u00a023 of 2020]<\/span><\/p>\n

<\/p>\n

(B)\u00a0\u00a0\u00a0\u00a0 trading stock, be treated as the amount to be taken into account by that company in respect of that right for the purposes of section 11(a)<\/a> or 22<\/a>(1) or (2); or<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 where that right is so disposed of as trading stock and that right is acquired as trading stock, for a cost equal to the amount referred to in item (b), which cost must be treated as the amount to be taken into account by that company in respect of that right for purposes of section 11(a)<\/a> or 22<\/a>(1) or (2).<\/span><\/p>\n

<\/p>\n

(3)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 If an oil and gas company disposes of any oil and gas right to another company pursuant to an agreement that participation treatment as contemplated in subparagraph (1) applies and-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that right is held as a capital asset; and<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the market value of that right exceeds the base cost of that right on the date of that disposal,
any gain derived by that company in respect of the amount contemplated in subitem (ii) is deemed to be an amount of gross income, and that other company that acquired that right may deduct from its oil and gas income as contemplated in paragraph 5(1) (but not including 5(2)) an amount equal to the amount deemed to be gross income of the company that disposed of that right.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 If an oil and gas company disposes of any oil and gas right to another company pursuant to an agreement that participation treatment as contemplated in subparagraph (1) applies and-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 that right is held as trading stock; and<\/span><\/p>\n


<\/span><\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 the market value of that right exceeds the amount taken into account in respect of that right in terms of section 11(a)<\/a> or 22<\/a>,<\/span><\/p>\n


<\/span><\/p>\n

that other company that acquired that right may deduct from its oil and gas income as contemplated in paragraph 5(1) (but not including 5(2)) an amount equal to the amount deemed to be gross income of the company that disposed of that right less the applicable deduction allowable as contemplated in section 11(a)<\/a> or 22<\/a>, as the case may be, in respect of that right.<\/p>\n","post_title":"Paragraph 7 (Tenth Schedule) - Disposal of oil and gas right","collection_order":1399,"collection":597,"post_modified":"2022-02-05 23:06:25","post_date":"2015-10-15 12:13:04"},{"ID":"2509","post_content":"

8. \u00a0 \u00a0Fiscal stability<\/span><\/strong><\/p>\n

<\/p>\n

(1)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 The Minister may enter into a binding agreement with any oil and gas company in respect of an oil and gas right held by that company, and that agreement so entered into must guarantee that the provisions of this Schedule (as at the date on which the agreement was concluded) apply in respect of that right as long as the right is held by the oil and gas company.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 Notwithstanding subparagraph (a), the Minister may enter into a binding agreement with any company in anticipation of an oil and gas right to be acquired by that company, and that agreement must guarantee that the provisions of this Schedule (as at the date on which the oil and gas right is granted) apply in respect of that right as long as that right is held by the oil and gas company: Provided that this binding agreement has no force and effect if the oil and gas right is not granted within one year after the agreement is concluded.<\/span><\/p>\n


<\/span><\/p>\n

(c) \u00a0\u00a0\u00a0\u00a0If an oil and gas company jointly holds with another oil and gas company an exploration right, as defined in section 1 of the Mineral and Petroleum Resources Development Act, and any one of those oil and gas companies has concluded an agreement as contemplated in subparagraph (1) in respect of that right, all of the fiscal stability rights in terms of that agreement relating to that exploration right apply in respect of both of those companies.<\/span><\/p>\n

[Item\u00a0(c) added by\u00a0section\u00a093(1)\u00a0of\u00a0Act\u00a043 of 2014\u00a0and substituted by\u00a0section\u00a0124(1)\u00a0of\u00a0Act\u00a025 of 2015\u00a0deemed effective on 1\u00a0April, 2015]<\/span><\/p>\n

<\/p>\n

(2)<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 In the case of a disposal of an exploration right, as defined in section 1 of the Mineral and Petroleum Resources Development Act, an oil and gas company that has concluded an agreement as contemplated in subparagraph (1) in respect of that right may, as part of that disposal, assign all of its fiscal stability rights in terms of that agreement relating to the exploration right disposed of to any other oil and gas company.<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 In the case of a disposal of a production right, as defined in section 1 of the Mineral and Petroleum Resources Development Act, an oil and gas company that has concluded an agreement as contemplated in subparagraph (1) in respect of that right disposed of may, as part of that disposal, assign all its fiscal stability rights in terms of that agreement relating to the production right disposed of to another company if that other company is a company within the same group of companies as the oil and gas company transferring the fiscal stability rights at the time the agreement is concluded.<\/span><\/p>\n

<\/p>\n

(3)\u00a0\u00a0\u00a0\u00a0 If an oil and gas company holding a participating interest in an oil and gas right has concluded an agreement contemplated in subparagraph (1), the terms and conditions of that agreement will apply to all participating interests subsequently held by that company in that oil and gas right.<\/span><\/p>\n

<\/p>\n

(4)\u00a0\u00a0\u00a0\u00a0 An oil and gas company that has concluded an agreement contemplated in subparagraph (1) in respect of an oil and gas right may at any time unilaterally terminate the agreement in respect of that oil and gas right so held with effect from the commencement of the year of assessment immediately following the notification date of the termination.<\/span><\/p>\n

<\/p>\n

(5)\u00a0\u00a0\u00a0\u00a0 The portion of taxable income and profits of an oil and gas company derived from all the oil and gas rights governed by the version of the Schedule applicable to an oil and gas right covered by a binding agreement referred to in subparagraph (1), must be determined in terms of that version of the Schedule.<\/span><\/p>\n

<\/p>\n

(6)\u00a0\u00a0\u00a0\u00a0 If the State fails to comply with the terms of the agreement contemplated in subparagraph (1) and that failure has a material adverse economic impact on the taxation of income or profits of the oil and gas company that is party to that agreement, that oil and gas company is entitled to compensation for the loss of market value caused by that failure (and interest at the prescribed rate calculated on the compensation from the date of non-compliance) or to an alternative remedy that otherwise eliminates the full impact of that failure.<\/span><\/p>\n

<\/p>\n

(7)\u00a0\u00a0\u00a0\u00a0 For purposes of this paragraph \u2013<\/span><\/p>\n

<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0 an \u201coil and gas right\u201d<\/strong> means any-<\/span><\/p>\n

<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0 exploration right or production right as defined in section 1 of the Mineral and Petroleum Resources Development Act or any right or interest therein;<\/span><\/p>\n

<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0 exploration right acquired by virtue of a conversion contemplated in item 4 of Schedule II to the Mineral and Petroleum Resources Development Act or any interest therein; or<\/span><\/p>\n

<\/p>\n

(iii)\u00a0\u00a0\u00a0 production right acquired by virtue of a conversion contemplated in item 5 of Schedule II to the Mineral and Petroleum Resources Development Act or any interest therein; and<\/span><\/p>\n

<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0 an exploration right, a renewal of that exploration right and an initial production right converted from any exploration right or renewal thereof held by a company will all be deemed to be one and the same oil and gas right in the hands of that company to the extent that those rights relate to the same geographical area.<\/span><\/p>\n","post_title":"Paragraph 8 (Tenth Schedule) - Fiscal stability","collection_order":1400,"collection":597,"post_modified":"2021-04-07 19:39:24","post_date":"2015-10-15 12:13:04"},{"ID":"2511","post_content":"

ELEVENTH SCHEDULE<\/strong><\/p>\n

[Eleventh Schedule added by\u00a0section\u00a0140(1)\u00a0of\u00a0Act\u00a022 of 2012, amended by\u00a0section\u00a0161(1)\u00a0of\u00a0Act\u00a031 of 2013\u00a0and substituted by\u00a0section\u00a0125\u00a0of\u00a0Act\u00a025 of 2015, by\u00a0section\u00a056(1)\u00a0of\u00a0Act\u00a023 of 2020, by\u00a0section\u00a047(1)\u00a0of\u00a0Act\u00a020 of 2021\u00a0and by\u00a0section\u00a023(1)\u00a0of\u00a0Act\u00a020 of 2022\u00a0deemed effective on the date on which that grant was awarded to the recipient thereof and applicable in respect of any amount received or accrued in respect of that grant on or after that date]<\/span><\/p>\n

<\/p>\n

GOVERNMENT GRANTS EXEMPT FROM NORMAL TAX<\/p>\n

(Section 12P)<\/p>\n

<\/p>\n

    \n
  1. \u00a0Agro-Processing Support Scheme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  2. \u00a0Aquaculture Development and Enhancement Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  3. \u00a0Automotive Production and Development Programme received or accrued from the International Trade Administration Commission of South Africa;<\/li>\n
  4. \u00a0Automotive Investment Scheme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  5. \u00a0Black Business Supplier Development Programme received or accrued from the Department of Small Business Development;<\/li>\n
  6. \u00a0Black Industrialists Scheme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  7. \u00a0Business Process Services received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  8. \u00a0Business Viability Programme received or accrued from the Department of Small Business Development;<\/li>\n
  9. \u00a0Capital Projects Feasibility Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  10. \u00a0Capital Restructuring Grant received or accrued from the Department of Human Settlements;<\/li>\n
  11. \u00a0Clothing and Textiles Competitiveness Programme received or accrued from the Industrial Development Corporation;<\/li>\n
  12. \u00a0Cluster Development Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  13. \u00a0Comprehensive Agricultural Support Programme received or accrued from the Department of Agriculture;<\/li>\n
  14. \u00a0Cooperative Incentive Scheme received or accrued from the Department of Small Business Development;<\/li>\n
  15. \u00a0Critical Infrastructure Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  16. \u00a0Eastern Cape Jobs Stimulus Fund received or accrued from the Department of Economic Development, Environmental Affairs and Tourism of the Eastern Cape;<\/li>\n
  17. \u00a0Enterprise Incubation Programme received or accrued from the Department of Small Business Development;<\/li>\n
  18. \u00a0Enterprise Investment Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  19. \u00a0Equity Fund received or accrued from the Department of Science and Technology;<\/li>\n
  20. \u00a0Export Marketing and Investment Assistance received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  21. \u00a0Film Production Incentive received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  22. \u00a0Food Fortification Grant received or accrued from the Department of Health;<\/li>\n
  23. \u00a0Green Technology Incentive Programme received or accrued from the Department of Tourism;<\/li>\n
  24. \u00a0Idea Development Fund received or accrued from the Department of Science and Technology;<\/li>\n
  25. \u00a0Incubation Support Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  26. \u00a0Industrial Development Zone Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  27. \u00a0Industry Matching Fund received or accrued from the Department of Science and Technology;<\/li>\n
  28. \u00a0Integrated National Electrification Programme Grant: Non-grid electrification service providers received or accrued from the Department of Energy;<\/li>\n
  29. \u00a0Integrated National Electrification Programme: Electricity connection to households received or accrued from the Department of Energy;<\/li>\n
  30. \u00a0Interest Make-Up Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  31. \u00a0Jobs Fund received or accrued from the National Treasury;<\/li>\n
  32. \u00a0Manufacturing Competitiveness Enhancement Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  33. \u00a0Sector Specific Assistance Scheme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  34. \u00a0Shared Economic Infrastructure Facility received or accrued from the Department of Small Business Development;<\/li>\n
  35. \u00a0Small Enterprise Manufacturing Support Programme received or accrued from the Department of Small Business Development;<\/li>\n
  36. \u00a0Small, Medium Enterprise Development Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  37. \u00a0Small\/Medium Manufacturing Development Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  38. \u00a0Social Employment Fund received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  39. \u00a0South African Research Chairs Initiative received or accrued from the Department of Science and Technology;<\/li>\n
  40. \u00a0Strategic Partnership Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  41. \u00a0Support Programme for Industrial Innovation received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  42. \u00a0Taxi Recapitalisation Programme received or accrued from the Department of Transport;<\/li>\n
  43. \u00a0Technology Development Fund received or accrued from the Department of Science and Technology;<\/li>\n
  44. \u00a0Technology and Human Resources for Industry Programme received or accrued from the Department of Trade, Industry and Competition;<\/li>\n
  45. \u00a0The Blended Finance Facility received or accrued from the Department of Small Business Development;<\/li>\n
  46. \u00a0The COVID-19 Emergency Fund received or accrued from the Department of Small Business Development;<\/li>\n
  47. \u00a0The Small Business and Innovation Fund received or accrued from the Department of Small Business Development;<\/li>\n
  48. \u00a0Township and Rural Entrepreneurship Programme (TREP) received or accrued from the Department of Small Business Development;<\/li>\n
  49. \u00a0Transfers to the South African National Taxi Council received or accrued from the Department of Transport;<\/li>\n
  50. \u00a0Transfers to the University of Pretoria, University of KwaZulu-Natal and University of Stellenbosch received or accrued from the Department of Transport;<\/li>\n
  51. \u00a0Youth Technology Innovation Fund received or accrued from the Department of Science and Technology.<\/li>\n<\/ol>\n","post_title":"Eleventh Schedule - Government grants exempt from normal tax","collection_order":1401,"collection":597,"post_modified":"2024-01-13 21:51:49","post_date":"2015-10-15 12:13:04"},{"ID":"9565","post_content":"

    Reproduced under Goverment Printer\u2019s Authorisation (Authorisation No. 11779) dated 25 August 2017.<\/strong><\/p>\n

    \n<\/p>

    Please remember to periodically \u201cCheck for Updates\u201d!<\/strong><\/span><\/p>\n

    \n<\/p>

    TAX ADMINISTRATION ACT 28 OF 2011<\/strong><\/p>\n

    \n<\/p>

    (English text signed by the President)<\/p>\n

    \n<\/p>

    [Assented to: 2 July 2012]<\/em><\/p>\n

    \n<\/p>

    as amended by:<\/strong><\/p>\n

    \n<\/p>

    Tax Administration Laws Amendment Act 21 of 2012<\/p>\n

    Employment Tax Incentive Act 26 of 2013<\/p>\n

    Tax Administration Laws Amendment Act 39 of 2013<\/p>\n

    Tax Administration Laws Amendment Act 44 of 2014<\/p>\n

    Tax Administration Laws Amendment Act 23 of 2015<\/p>\n

    Tax Administration Laws Amendment Act 16 of 2016<\/p>\n

    Tax Administration Laws Amendment Act 13 of 2017<\/p>\n

    Tax Administration Laws Amendment Act 22 of 2018<\/p>\n

    Tax Administration Laws Amendment Act 33 of 2019<\/p>\n

    Tax Administration Laws Amendment Act 24 of 2020<\/span><\/p>\n

    \n<\/p>

    Latest 2024 Live Updates<\/strong><\/span>: <\/span>COMPLETED!<\/span><\/strong><\/span><\/p>\n

    Tax Administration Laws Amendment Act\u00a018 of 2023<\/strong><\/span><\/p>\n

    \n<\/p>

    To report an issue, please contact us at service@hApp-e-tax.co.za<\/span><\/strong><\/span><\/p>\n

    \n<\/p>

    ACT<\/strong><\/p>\n\n

    To provide for the effective and efficient collection of tax; to provide for the alignment of the administration provisions of tax Acts and the consolidation of the provisions into one piece of legislation to the extent practically possible; to determine the powers and duties of the South African Revenue Service and officials; to provide for the delegation of powers by the Commissioner; to provide for the authority to act in legal proceedings; to determine the powers and duties of the Minister of Finance; to provide for the establishment of the office of the Tax\u00a0Ombud; to determine the powers and duties of the Tax\u00a0Ombud; to provide for registration requirements; to provide for the submission of returns and the duty to keep records; to provide for reportable arrangements; to provide for the request for information; to provide for the carrying out of an audit or investigation by the South African Revenue Service; to provide for inquiries; to provide for powers of the South African Revenue Service to carry out searches and seizures; to provide for the confidentiality of information; to provide for the South African Revenue Service to issue advance rulings; to make provision in respect of tax assessments; to provide for dispute resolution; to make provision for the payment of tax; to provide for the recovery of tax; to provide for the South African Revenue Service to recover interest on outstanding tax debts; to provide for the refund of excess payments; to provide for the write-off and compromise of tax debts; to provide for the imposition and remittance of administrative non-compliance penalties; to provide for the imposition of understatement penalties; to provide for a voluntary disclosure programme; to provide for criminal offences and sanctions; to provide for the reporting of unprofessional conduct by tax practitioners; and to provide for matters connected therewith.<\/strong><\/p>\n\n

    BE IT ENACTED<\/strong>\u00a0by the Parliament of the Republic of South Africa, as follows:-<\/p>\n\n

    ARRANGEMENT OF SECTIONS<\/strong><\/p>\n","post_title":"Tax Administration Act Citation","collection_order":2,"collection":598,"post_modified":"2024-01-27 23:14:28","post_date":"2017-05-19 13:49:15"},{"ID":"5481","post_content":"

    Sections<\/em><\/strong><\/p>\n

    CHAPTER 1<\/strong><\/a><\/p>\n

    DEFINITIONS<\/strong><\/p>\n

    <\/p>\n

    Section 1 \u2013 Definitions<\/a><\/span><\/p>\n

    <\/p>\n

    CHAPTER 2<\/strong><\/a><\/p>\n

    GENERAL ADMINISTRATION PROVISIONS <\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    Part A<\/strong><\/a><\/p>\n

    In general<\/strong><\/p>\n

    <\/p>\n

    Section 2 \u2013 Purpose of Act<\/a><\/p>\n

    Section 3 \u2013 Administration of tax Acts<\/a><\/p>\n

    Section 4 \u2013 Application of Act<\/a><\/p>\n

    Section 5 \u2013 Practice generally prevailing<\/a><\/p>\n

    <\/p>\n

    Part B<\/strong><\/a><\/p>\n

    Powers and duties of SARS and SARS officials<\/strong><\/p>\n

    <\/p>\n

    Section 6 \u2013 Powers and duties<\/a><\/p>\n

    Section 7 \u2013 Conflict of interest<\/a><\/p>\n

    Section 8 \u2013 Identity cards<\/a><\/p>\n

    Section 9 \u2013 Decision or notice by SARS<\/a><\/p>\n

    <\/p>\n

    Part C<\/strong><\/a><\/p>\n

    Delegations<\/strong><\/p>\n

    <\/p>\n

    Section 10 \u2013 Delegations by the Commissioner<\/a><\/p>\n

    <\/p>\n

    Part D<\/strong><\/a><\/p>\n

    Authority to act in legal proceedings<\/strong><\/p>\n

    <\/p>\n

    Section 11 \u2013 Legal proceedings involving Commissioner<\/a><\/p>\n

    Section 12 \u2013 Right of appearance in proceedings<\/a><\/p>\n

    <\/p>\n

    Part E<\/strong><\/a><\/p>\n

    Powers and duties of Minister<\/strong><\/p>\n

    <\/p>\n

    Section 13 \u2013 Powers and duties of Minister<\/a><\/p>\n

    Section 14 \u2013 Power of Minister to appoint Tax Ombud<\/a><\/p>\n

    <\/p>\n

    Part F<\/strong><\/a><\/p>\n

    Powers and duties of Tax Ombud<\/strong><\/p>\n

    <\/p>\n

    Section 15 \u2013 Office of Tax Ombud<\/a><\/p>\n

    Section 16 \u2013 Mandate of Tax Ombud<\/a><\/p>\n

    Section 17 \u2013 Limitations on authority<\/a><\/p>\n

    Section 18 \u2013 Review of complaint<\/a><\/p>\n

    Section 19 \u2013 Reports by Tax Ombud<\/a><\/p>\n

    Section 20 \u2013 Resolution and recommendations<\/a><\/p>\n

    Section 21 \u2013 Confidentiality<\/a><\/p>\n

    <\/p>\n

    CHAPTER 3<\/strong><\/a><\/p>\n

    REGISTRATION<\/strong><\/p>\n

    <\/p>\n

    Section 22 \u2013 Registration requirements<\/a><\/p>\n

    Section 23 \u2013 Communication of changes in particulars<\/a><\/p>\n

    Section 24 \u2013 Taxpayer reference number<\/a><\/p>\n

    <\/p>\n

    CHAPTER 4<\/strong><\/a><\/p>\n

    RETURNS AND RECORDS<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    Part A<\/strong><\/a><\/p>\n

    General<\/strong><\/p>\n

    <\/p>\n

    Section 25 \u2013 Submission of return<\/a><\/p>\n

    Section 26 \u2013 Third party returns<\/a><\/p>\n

    Section 27 \u2013 Other returns required<\/a><\/p>\n

    Section 28 \u2013 Statement concerning accounts<\/a><\/p>\n

    Section 29 \u2013 Duty to keep records<\/a><\/p>\n

    Section 30 \u2013 Form of records kept or retained<\/a><\/p>\n

    Section 31 \u2013 Inspection of records<\/a><\/p>\n

    Section 32 \u2013 Retention period in case of audit, objection or appeal<\/a><\/p>\n

    Section 33 \u2013 Translation<\/a><\/p>\n

    <\/p>\n

    Part B<\/strong><\/a><\/p>\n

    Reportable arrangements<\/strong><\/p>\n

    <\/p>\n

    Section 34 \u2013 Definitions<\/a><\/p>\n

    Section 35 \u2013 Reportable arrangements<\/a><\/p>\n

    Section 36 \u2013 Excluded arrangements<\/a><\/p>\n

    Section 37 \u2013 Disclosure obligation<\/a><\/p>\n

    Section 38 \u2013 Information to be submitted<\/a><\/p>\n

    Section 39 \u2013 Reportable arrangement reference number<\/a><\/p>\n

    <\/p>\n

    CHAPTER 5<\/strong><\/a><\/p>\n

    INFORMATION GATHERING<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    Part A<\/strong><\/a><\/p>\n

    General rules for inspection, verification, audit and criminal investigation<\/strong><\/p>\n

    <\/p>\n

    Section 40 \u2013 Selection for inspection, verification or audit<\/a><\/p>\n

    Section 41 \u2013 Authorisation for SARS official to conduct audit or criminal investigation<\/a><\/p>\n

    Section 42 \u2013 Keeping taxpayer informed<\/a><\/p>\n

    Section 42A \u2013 Procedure where legal professional privilege is asserted<\/a><\/p>\n

    Section 43 \u2013 Referral for criminal investigation<\/a><\/p>\n

    Section 44 \u2013 Conduct of criminal investigation<\/a><\/p>\n

    <\/p>\n

    Part B<\/strong><\/a><\/p>\n

    Inspection, request for relevant material, audit and criminal investigation<\/strong><\/p>\n

    <\/p>\n

    Section 45 \u2013 Inspection<\/a><\/p>\n

    Section 46 \u2013 Request for relevant material<\/a><\/p>\n

    Section 47 \u2013 Production of relevant material in person<\/a><\/p>\n

    Section 48 \u2013 Field audit or criminal investigation<\/a><\/p>\n

    Section 49 \u2013 Assistance during field audit or criminal investigation<\/a><\/p>\n

    <\/p>\n

    Part C<\/strong><\/a><\/p>\n

    Inquiries<\/strong><\/p>\n

    <\/p>\n

    Section 50 \u2013 Authorisation for inquiry<\/a><\/p>\n

    Section 51 \u2013 Inquiry order<\/a><\/p>\n

    Section 52 \u2013 Inquiry proceedings<\/a><\/p>\n

    Section 53 \u2013 Notice to appear<\/a><\/p>\n

    Section 54 \u2013 Powers of presiding officer<\/a><\/p>\n

    Section 55 \u2013 Witness fees<\/a><\/p>\n

    Section 56 \u2013 Confidentiality of proceedings<\/a><\/p>\n

    Section 57 \u2013 Incriminating evidence<\/a><\/p>\n

    Section 58 \u2013 Inquiry not suspended by civil or criminal proceedings<\/a><\/p>\n

    <\/p>\n

    Part D<\/strong><\/a><\/p>\n

    Search and seizure<\/strong><\/p>\n

    <\/p>\n

    Section 59 \u2013 Application for warrant<\/a><\/p>\n

    Section 60 \u2013 Issuance of warrant<\/a><\/p>\n

    Section 61 \u2013 Carrying out search<\/a><\/p>\n

    Section 62 \u2013 Search of premises not identified in warrant<\/a><\/p>\n

    Section 63 \u2013 Search without warrant<\/a><\/p>\n

    Section 64 \u2013 Legal professional privilege<\/a><\/p>\n

    Section 65 \u2013 Person\u2019s right to examine and make copies<\/a><\/p>\n

    Section 66 \u2013 Application for return of seized relevant material or costs of damages<\/a><\/p>\n

    <\/p>\n

    CHAPTER 6<\/strong><\/a><\/p>\n

    CONFIDENTIALITY OF INFORMATION<\/strong><\/p>\n

    <\/p>\n

    Section 67 \u2013 General prohibition of disclosure<\/a><\/p>\n

    Section 68 \u2013 SARS confidential information and disclosure<\/a><\/p>\n

    Section 69 \u2013 Secrecy of taxpayer information and general disclosure<\/a><\/p>\n

    Section 70 \u2013 Disclosure to other entities\ufeff<\/a><\/span><\/p>\n

    Section 71 \u2013 Disclosure in criminal, public safety or environmental matters<\/a><\/p>\n

    Section 72 \u2013 Self-incrimination<\/a><\/p>\n

    Section 73 \u2013 Disclosure to taxpayer of own record<\/a><\/p>\n

    Section 74 \u2013 Publication of names of offenders<\/a><\/p>\n

    <\/p>\n

    CHAPTER 7<\/strong><\/a><\/p>\n

    ADVANCE RULINGS<\/strong><\/p>\n

    <\/p>\n

    Section 75 \u2013 Definitions<\/a><\/p>\n

    Section 76 \u2013 Purpose of advance rulings<\/a><\/p>\n

    Section 77 \u2013 Scope of advance rulings<\/a><\/p>\n

    Section 78 \u2013 Private rulings and class rulings<\/a><\/p>\n

    Section 79 \u2013 Applications for advance rulings<\/a><\/p>\n

    Section 80 \u2013 Rejection of application for advance ruling\ufeff<\/a><\/span><\/p>\n

    Section 81 \u2013 Fees for advance rulings<\/a><\/p>\n

    Section 82 \u2013 Binding effect of advance rulings<\/a><\/p>\n

    Section 83 \u2013 Applicability of advance rulings<\/a><\/p>\n

    Section 84 \u2013 Rulings rendered void<\/a><\/p>\n

    Section 85 \u2013 Subsequent changes in tax law<\/a><\/p>\n

    Section 86 \u2013 Withdrawal or modification of advance rulings<\/a><\/p>\n

    Section 87 \u2013 Publication of advance rulings<\/a><\/p>\n

    Section 88 \u2013 Non-binding private opinions<\/a><\/p>\n

    Section 89 \u2013 General rulings<\/a><\/p>\n

    Section 90 \u2013 Procedures and guidelines for advance rulings<\/a><\/p>\n

    <\/p>\n

    CHAPTER 8<\/strong><\/a><\/p>\n

    ASSESSMENTS<\/strong><\/p>\n

    <\/p>\n

    Section 91 \u2013 Original assessments<\/a><\/p>\n

    Section 92 \u2013 Additional assessments<\/a><\/p>\n

    Section 93 \u2013 Reduced assessments<\/a><\/p>\n

    Section 94 \u2013 Jeopardy assessments<\/a><\/p>\n

    Section 95 \u2013 Estimation of assessments\ufeff<\/a><\/span><\/p>\n

    Section 96 \u2013 Notice of assessment<\/a><\/p>\n

    Section 97 \u2013 Recording of assessments<\/a><\/p>\n

    Section 98 \u2013 Withdrawal of assessments<\/a><\/p>\n

    Section 99 \u2013 Period of limitations for issuance of assessments<\/a><\/p>\n

    Section 100 \u2013 Finality of assessment or decision<\/a><\/p>\n

    <\/p>\n

    CHAPTER 9<\/strong><\/a><\/p>\n

    DISPUTE RESOLUTION <\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    Part A<\/strong><\/a><\/p>\n

    General<\/strong><\/p>\n

    <\/p>\n

    Section 101 \u2013 Definitions<\/a><\/p>\n

    Section 102 \u2013 Burden of proof<\/a><\/p>\n

    Section 103 \u2013 Rules for dispute resolution<\/a><\/p>\n

    <\/p>\n

    Part B<\/strong><\/a><\/p>\n

    Objection and appeal<\/strong><\/p>\n

    <\/p>\n

    Section 104 \u2013 Objection against assessment or decision<\/a><\/p>\n

    Section 105 \u2013 Forum for dispute of assessment or decision<\/a><\/p>\n

    Section 106 \u2013 Decision on objection<\/a><\/p>\n

    Section 107 \u2013 Appeal against assessment or decision<\/a><\/p>\n

    <\/p>\n

    Part C<\/strong><\/a><\/p>\n

    Tax board<\/strong><\/p>\n

    <\/p>\n

    Section 108 \u2013 Establishment of tax board<\/a><\/p>\n

    Section 109 \u2013 Jurisdiction of tax board<\/a><\/p>\n

    Section 110 \u2013 Constitution of tax board<\/a><\/p>\n

    Section 111 \u2013 Appointment of chairpersons<\/a><\/p>\n

    Section 112 \u2013 Clerk of tax board<\/a><\/p>\n

    Section 113 \u2013 Tax board procedure<\/a><\/p>\n

    Section 114 \u2013 Decision of tax board<\/a><\/p>\n

    Section 115 \u2013 Referral of appeal to tax court<\/a><\/p>\n

    <\/p>\n

    Part D<\/strong><\/a><\/p>\n

    Tax court<\/strong><\/p>\n

    <\/p>\n

    Section 116 \u2013 Establishment of tax court<\/a><\/p>\n

    Section 117 \u2013 Jurisdiction of tax court<\/a><\/p>\n

    Section 118 \u2013 Constitution of tax court<\/a><\/p>\n

    Section 119 \u2013 Nomination of president of tax court<\/a><\/p>\n

    Section 120 \u2013 Appointment of panel of tax court member<\/a><\/p>\n

    Section 121 \u2013 Appointment of registrar of tax court<\/a><\/p>\n

    Section 122 \u2013 Conflict of interest of tax court members<\/a><\/p>\n

    Section 123 \u2013 Death, retirement or incapability of judge or member<\/a><\/p>\n

    Section 124 \u2013 Sitting of tax court not public<\/a><\/p>\n

    Section 125 \u2013 Appearance at hearing of tax court<\/a><\/p>\n

    Section 126 \u2013 Subpoena of witness to tax court<\/a><\/p>\n

    Section 127 \u2013 Non-attendance by witness or failure to give evidence<\/a><\/p>\n

    Section 128 \u2013 Contempt of tax court<\/a><\/p>\n

    Section 129 \u2013 Decision by tax court<\/a><\/p>\n

    Section 130 \u2013 Order for costs by tax court<\/a><\/p>\n

    Section 131 \u2013 Registrar to notify parties of judgment of tax court<\/a><\/p>\n

    Section 132 \u2013 Publication of judgment of tax court<\/a><\/p>\n

    <\/p>\n

    Part E<\/strong><\/a><\/p>\n

    Appeal against tax court decision<\/strong><\/p>\n

    <\/p>\n

    Section 133 \u2013 Appeal against decision of tax court<\/a><\/p>\n

    Section 134 \u2013 Notice of intention to appeal tax court decision<\/a><\/p>\n

    Section 135 \u2013 Leave to appeal to Supreme Court of Appeal against tax court decision<\/a><\/p>\n

    Section 136 \u2013 Failure to lodge notice of intention to appeal tax court decision<\/a><\/p>\n

    Section 137 \u2013 Notice by registrar of period for appeal of tax court decision<\/a><\/p>\n

    Section 138 \u2013 Notice of appeal to Supreme Court of Appeal against tax court decision<\/a><\/p>\n

    Section 139 \u2013 Notice of cross-appeal of tax court decision<\/a><\/p>\n

    Section 140 \u2013 Record of appeal of tax court decision<\/a><\/p>\n

    Section 141 \u2013 Abandonment of judgment<\/a><\/p>\n

    <\/p>\n

    Part F<\/strong><\/a><\/p>\n

    Settlement of dispute<\/strong><\/p>\n

    <\/p>\n

    Section 142 \u2013 Definitions<\/a><\/p>\n

    Section 143 \u2013 Purpose of Part<\/a><\/p>\n

    Section 144 \u2013 Initiation of settlement procedure<\/a><\/p>\n

    Section 145 \u2013 Circumstances where settlement is inappropriate<\/a><\/p>\n

    Section 146 \u2013 Circumstances where settlement is appropriate<\/a><\/p>\n

    Section 147 \u2013 Procedure for settlement<\/a><\/p>\n

    Section 148 \u2013 Finality of settlement agreement<\/a><\/p>\n

    Section 149 \u2013 Register of settlements and reporting<\/a><\/p>\n

    Section 150 \u2013 Alteration of assessment or decision on settlement<\/a><\/p>\n

    <\/p>\n

    CHAPTER 10<\/strong><\/a><\/p>\n

    TAX LIABILITY AND PAYMENT<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    Part A<\/strong><\/a><\/p>\n

    Taxpayers<\/strong><\/p>\n

    <\/p>\n

    Section 151 \u2013 Taxpayer<\/a><\/p>\n

    Section 152 \u2013 Person chargeable to tax<\/a><\/p>\n

    Section 153 \u2013 Representative taxpayer<\/a><\/p>\n

    Section 154 \u2013 Liability of representative taxpayer<\/a><\/p>\n

    Section 155 \u2013 Personal liability of representative taxpayer<\/a><\/p>\n

    Section 156 \u2013 Withholding agent<\/a><\/p>\n

    Section 157 \u2013 Personal liability of withholding agent<\/a><\/p>\n

    Section 158 \u2013 Responsible third party<\/a><\/p>\n

    Section 159 \u2013 Personal liability of responsible third party<\/a><\/p>\n

    Section 160 \u2013 Taxpayer\u2019s right to recovery<\/a><\/p>\n

    Section 161 \u2013 Security by taxpayer<\/a><\/p>\n

    <\/p>\n

    Part B<\/strong><\/a><\/p>\n

    Payment of tax<\/strong><\/p>\n

    <\/p>\n

    Section 162 \u2013 Determination of time and manner of payment of tax<\/a><\/p>\n

    Section 163 \u2013 Preservation order<\/a><\/p>\n

    Section 164 \u2013 Payment of tax pending objection or appeal<\/a><\/p>\n

    <\/p>\n

    Part C<\/strong><\/a><\/p>\n

    Taxpayer account and allocation of payments<\/strong><\/p>\n

    <\/p>\n

    Section 165 \u2013 Taxpayer account<\/a><\/p>\n

    Section 166 \u2013 Allocation of payments<\/a><\/p>\n

    <\/p>\n

    Part D<\/strong><\/a><\/p>\n

    Deferral of payment<\/strong><\/p>\n

    <\/p>\n

    Section 167 \u2013 Instalment payment agreement<\/a><\/p>\n

    Section 168 \u2013 Criteria for instalment payment agreement<\/a><\/p>\n

    <\/p>\n

    CHAPTER 11<\/strong><\/a><\/p>\n

    RECOVERY OF TAX<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    Part A<\/strong><\/a><\/p>\n

    General<\/strong><\/p>\n

    <\/p>\n

    Section 169 \u2013 Debt due to SARS<\/a><\/p>\n

    Section 170 \u2013 Evidence as to assessment<\/a><\/p>\n

    Section 171 \u2013 Period of limitation on collection of tax<\/a><\/p>\n

    <\/p>\n

    Part B<\/strong><\/a><\/p>\n

    Judgment procedure<\/strong><\/p>\n

    <\/p>\n

    Section 172 \u2013 Application for civil judgment for recovery of tax<\/a><\/p>\n

    Section 173 \u2013 Jurisdiction of Magistrates\u2019 Court in judgment procedure<\/a><\/p>\n

    Section 174 \u2013 Effect of statement filed with clerk or registrar<\/a><\/p>\n

    Section 175 \u2013 Amendment of statement filed with clerk or registrar<\/a><\/p>\n

    Section 176 \u2013 Withdrawal of statement and reinstitution of proceedings<\/a><\/p>\n

    <\/p>\n

    Part C<\/strong><\/a><\/p>\n

    Sequestration, liquidation and winding-up proceedings<\/strong><\/p>\n

    <\/p>\n

    Section 177 \u2013 Institution of sequestration, liquidation or winding-up proceedings<\/a><\/p>\n

    Section 178 \u2013 Jurisdiction of court in sequestration, liquidation or winding-up proceedings<\/a><\/p>\n

    <\/p>\n

    Part D<\/strong><\/a><\/p>\n

    Collection of tax debt from third parties<\/strong><\/p>\n

    <\/p>\n

    Section 179 \u2013 Liability of third party appointed to satisfy tax debts<\/a><\/p>\n

    Section 180 \u2013 Liability of financial management for tax debts<\/a><\/p>\n

    Section 181 \u2013 Liability of shareholders for tax debts<\/a><\/p>\n

    Section 182 \u2013 Liability of transferee for tax debts<\/a><\/p>\n

    Section 183 \u2013 Liability of person assisting in dissipation of assets<\/a><\/p>\n

    Section 184 \u2013 Recovery of tax debts from other persons<\/a><\/p>\n

    <\/p>\n

    Part E<\/strong><\/a><\/p>\n

    Assisting foreign governments<\/strong><\/p>\n

    <\/p>\n

    Section 185 \u2013 Tax recovery on behalf of foreign governments<\/a><\/p>\n

    <\/p>\n

    Part F<\/strong><\/a><\/p>\n

    Remedies with respect to foreign assets<\/strong><\/p>\n

    <\/p>\n

    Section 186 \u2013 Compulsory repatriation of foreign assets of taxpayer<\/a><\/p>\n

    <\/p>\n

    CHAPTER 12<\/strong><\/a><\/p>\n

    INTEREST<\/strong><\/p>\n

    <\/p>\n

    Section 187 \u2013 General interest rules<\/a><\/p>\n

    Section 188 \u2013 Period over which interest accrues<\/a><\/p>\n

    Section 189 \u2013 Rate at which interest is charged<\/a><\/p>\n

    <\/p>\n

    CHAPTER 13<\/strong><\/a><\/p>\n

    REFUNDS<\/strong><\/p>\n

    <\/p>\n

    Section 190 \u2013 Refunds of excess payments<\/a><\/p>\n

    Section 191 \u2013 Refunds subject to set-off and deferral<\/a><\/p>\n

    <\/p>\n

    CHAPTER 14<\/strong><\/a><\/p>\n

    WRITE OFF OR COMPROMISE OF TAX DEBTS<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    Part A<\/strong><\/a><\/p>\n

    General provisions<\/strong><\/p>\n

    <\/p>\n

    Section 192 \u2013 Definitions<\/a><\/p>\n

    Section 193 \u2013 Purpose of Chapter<\/a><\/p>\n

    Section 194 \u2013 Application of Chapter<\/a><\/p>\n

    <\/p>\n

    Part B<\/strong><\/a><\/p>\n

    Temporary write off of tax debt<\/strong><\/p>\n

    <\/p>\n

    Section 195 \u2013 Temporary write off of tax debt<\/a><\/p>\n

    Section 196 \u2013 Tax debt uneconomical to pursue<\/a><\/p>\n

    <\/p>\n

    Part C<\/strong><\/a><\/p>\n

    Permanent write off of tax debt<\/strong><\/p>\n

    <\/p>\n

    Section 197 \u2013 Permanent write off of tax debt<\/a><\/p>\n

    Section 198 \u2013 Tax debt irrecoverable at law<\/a><\/p>\n

    Section 199 \u2013 Procedure for writing off tax debt<\/a><\/p>\n

    <\/p>\n

    Part D<\/strong><\/a><\/p>\n

    Compromise of tax debt<\/strong><\/p>\n

    <\/p>\n

    Section 200 \u2013 Compromise of tax debt<\/a><\/p>\n

    Section 201 \u2013 Request by debtor for compromise of tax debt<\/a><\/p>\n

    Section 202 \u2013 Consideration of request to compromise tax debt<\/a><\/p>\n

    Section 203 \u2013 Circumstances where not appropriate to compromise tax debt<\/a><\/p>\n

    Section 204 \u2013 Procedure for compromise of tax debt<\/a><\/p>\n

    Section 205 \u2013 SARS not bound by compromise of tax debt<\/a><\/p>\n

    <\/p>\n

    Part E<\/strong><\/a><\/p>\n

    Records and reporting<\/strong><\/p>\n

    <\/p>\n

    Section 206 \u2013 Register of tax debts written off or compromised<\/a><\/p>\n

    Section 207 \u2013 Reporting by Commissioner of tax debts written off or compromised<\/a><\/p>\n

    <\/p>\n

    CHAPTER 15<\/strong><\/a><\/p>\n

    ADMINISTRATIVE NON-COMPLIANCE PENALTIES<\/strong><\/p>\n

    Part A<\/strong><\/a><\/p>\n

    General<\/strong><\/p>\n

    <\/p>\n

    Section 208 \u2013 Definitions<\/a><\/p>\n

    Section 209 \u2013 Purpose of Chapter<\/a><\/p>\n

    <\/p>\n

    Part B<\/strong><\/a><\/p>\n

    Fixed amount penalties<\/strong><\/p>\n

    <\/p>\n

    Section 210 \u2013 Non-compliance subject to penalty<\/a><\/p>\n

    Section 211 \u2013 Fixed amount penalty table<\/a><\/p>\n

    Section 212 \u2013 Reportable arrangement and mandatory disclosure penalty<\/a><\/p>\n

    <\/p>\n

    Part C<\/strong><\/a><\/p>\n

    Percentage based penalty<\/strong><\/p>\n

    <\/p>\n

    Section 213 \u2013 Imposition of percentage based penalty<\/a><\/p>\n

    <\/p>\n

    Part D<\/strong><\/a><\/p>\n

    Procedure<\/strong><\/p>\n

    <\/p>\n

    Section 214 \u2013 Procedures for imposing penalty<\/a><\/p>\n

    Section 215 \u2013 Procedure to request remittance of penalty<\/a><\/p>\n

    <\/p>\n

    Part E<\/strong><\/a><\/p>\n

    Remedies<\/strong><\/p>\n

    <\/p>\n

    Section 216 \u2013 Remittance of penalty for failure to register<\/a><\/p>\n

    Section 217 \u2013 Remittance of penalty for nominal or first incidence of non-compliance<\/a><\/p>\n

    Section 218 \u2013 Remittance of penalty in exceptional circumstances<\/a><\/p>\n

    Section 219 \u2013 Penalty incorrectly assessed<\/a><\/p>\n

    Section 220 \u2013 Objection and appeal against decision not to remit penalty<\/a><\/p>\n

    <\/p>\n

    CHAPTER 16<\/strong><\/a><\/p>\n

    UNDERSTATEMENT PENALTY <\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    Part A<\/a><\/strong><\/p>\n

    Imposition of understatement penalty<\/strong><\/p>\n

    <\/p>\n

    Section 221 \u2013 Definitions<\/a><\/p>\n

    Section 222 \u2013 Understatement penalty<\/a><\/p>\n

    Section 223 \u2013 Understatement penalty percentage table<\/a><\/p>\n

    Section 224 \u2013 Objection and appeal against imposition of understatement penalty<\/a><\/p>\n

    <\/p>\n

    Part B<\/strong><\/a><\/p>\n

    Voluntary disclosure programme<\/strong><\/p>\n

    <\/p>\n

    Section 225 \u2013 Definitions<\/a><\/p>\n

    Section 226 \u2013 Qualification of person subject to audit or investigation for voluntary disclosure<\/a><\/p>\n

    Section 227 \u2013 Requirements for valid voluntary disclosure<\/a><\/p>\n

    Section 228 \u2013 No-name voluntary disclosure<\/a><\/p>\n

    Section 229 \u2013 Voluntary disclosure relief<\/a><\/p>\n

    Section 230 \u2013 Voluntary disclosure agreement<\/a><\/p>\n

    Section 231 \u2013 Withdrawal of voluntary disclosure relief<\/a><\/p>\n

    Section 232 \u2013 Assessment or determination to give effect to agreement<\/a><\/p>\n

    Section 233 \u2013 Reporting of voluntary disclosure agreements<\/a><\/p>\n

    <\/p>\n

    CHAPTER 17<\/strong><\/a><\/p>\n

    CRIMINAL OFFENCES<\/strong><\/p>\n

    <\/p>\n

    Section 234 \u2013 Criminal offences relating to non-compliance with tax Acts<\/a><\/p>\n

    Section 235 \u2013 Evasion of tax and obtaining undue refunds by fraud or theft<\/a><\/p>\n

    Section 236 \u2013 Criminal offences relating to secrecy provisions<\/a><\/p>\n

    Section 237 \u2013 Criminal offences relating to filing return without authority<\/a><\/p>\n

    Section 238 \u2013 Jurisdiction of courts in criminal matters<\/a><\/p>\n

    <\/p>\n

    CHAPTER 18<\/strong><\/a><\/p>\n

    REGISTRATION OF TAX PRACTITIONERS AND REPORTING OF UNPROFESSIONAL CONDUCT<\/strong><\/p>\n

    <\/p>\n

    Section 239 \u2013 Definitions<\/a><\/p>\n

    Section 240 \u2013 Registration of tax practitioners<\/a><\/p>\n

    Section 240A \u2013 Recognition of controlling bodies<\/a><\/p>\n

    Section 241 \u2013 Complaint to controlling body<\/a><\/p>\n

    Section 242 \u2013 Disclosure of information regarding complaint and remedies of taxpayer<\/a><\/p>\n

    Section 243 \u2013 Complaint considered by controlling body<\/a><\/p>\n

    <\/p>\n

    CHAPTER 19<\/strong><\/a><\/p>\n

    GENERAL PROVISIONS<\/strong><\/p>\n

    <\/p>\n

    Section 244 \u2013 Deadlines<\/a><\/p>\n

    Section 245 \u2013 Power of Minister to determine date for submission of returns and payment of tax<\/a><\/p>\n

    Section 246 \u2013 Public officers of companies\ufeff<\/a><\/span><\/p>\n

    Section 247 \u2013 Company address for notices and documents<\/a><\/p>\n

    Section 248 \u2013 Public officer in event of liquidation, winding-up or business rescue<\/a><\/p>\n

    Section 249 \u2013 Default in appointing public officer or address for notices or documents<\/a><\/p>\n

    Section 250 \u2013 Authentication of documents<\/a><\/p>\n

    Section 251 \u2013 Delivery of documents to persons other than companies<\/a><\/p>\n

    Section 252 \u2013 Delivery of documents to companies<\/a><\/p>\n

    Section 253 \u2013 Documents delivered deemed to have been received<\/a><\/p>\n

    Section 254 \u2013 Defect does not affect validity<\/a><\/p>\n

    Section 255 \u2013 Rules for electronic communication<\/a><\/p>\n

    Section 256 \u2013 Tax compliance status<\/a><\/p>\n

    Section 257 \u2013 Regulations by Minister<\/a><\/p>\n

    <\/p>\n

    CHAPTER 20<\/strong><\/a><\/p>\n

    TRANSITIONAL PROVISIONS<\/strong><\/p>\n

    <\/p>\n

    Section 258 \u2013 New taxpayer reference number<\/a><\/p>\n

    Section 259 \u2013 Appointment of Tax Ombud<\/a><\/p>\n

    Section 260 \u2013 Provisions relating to secrecy<\/a><\/p>\n

    Section 261 \u2013 Public officer previously appointed<\/a><\/p>\n

    Section 262 \u2013 Appointment of chairpersons of tax board<\/a><\/p>\n

    Section 263 \u2013 Appointment of members of tax court<\/a><\/p>\n

    Section 264 \u2013 Continuation of tax board, tax court and court rules<\/a><\/p>\n

    Section 265 \u2013 Continuation of appointment to a post or office or delegation by Commissioner<\/a><\/p>\n

    Section 266 \u2013 Continuation of authority to audit<\/a><\/p>\n

    Section 267 \u2013 Conduct of inquiries and execution of search and seizure warrants<\/a><\/p>\n

    Section 268 \u2013 Application of Chapter 15<\/a><\/p>\n

    Section 269 \u2013 Continuation of authority, rights and obligations<\/a><\/p>\n

    Section 270 \u2013 Application of Act to prior or continuing action<\/a><\/p>\n

    Section 271 \u2013 Amendment of legislation<\/a><\/p>\n

    Section 272 \u2013 Short title and commencement<\/a><\/p>\n

    <\/p>\n

    SCHEDULE 1<\/a><\/p>\n","post_title":"Tax Administration Act Index","collection_order":3,"collection":598,"post_modified":"2024-01-20 20:48:19","post_date":"2016-06-01 16:41:50"},{"ID":"2520","post_content":"

    CHAPTER 1<\/strong><\/p>\n

    DEFINITIONS<\/strong><\/p>\n","post_title":"Chapter 1 (TAA) - Definitions","collection_order":4,"collection":598,"post_modified":"2019-03-06 18:07:39","post_date":"2015-10-15 12:13:04"},{"ID":"2522","post_content":"

    1. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    In this Act, unless the context indicates otherwise, a term which is assigned a meaning in another tax Act has the meaning so assigned, and the following terms have the following meaning:<\/p>\n","post_title":"Section 1 (TAA) - Definitions","collection_order":5,"collection":598,"post_modified":"2019-03-06 18:07:48","post_date":"2015-10-15 12:13:04"},{"ID":"2524","post_content":"

    \u201cadditional assessment\u201d<\/strong> is an assessment referred to in section 92<\/a>;<\/p>\n","post_title":"\"Additional assessment\" definition of TAA","collection_order":6,"collection":598,"post_modified":"2024-01-27 22:56:55","post_date":"2015-10-15 12:13:04"},{"ID":"2526","post_content":"

    \u201cadministration of a tax Act\u201d<\/strong> has the meaning assigned in section 3<\/a>(2);<\/p>\n","post_title":"\"Administration of a tax Act\" definition of TAA","collection_order":7,"collection":598,"post_modified":"2024-01-27 22:56:58","post_date":"2015-10-15 12:13:04"},{"ID":"2528","post_content":"

    \u201cadministrative non-compliance penalty\u201d<\/strong> has the meaning assigned in section 208<\/a>;<\/p>\n","post_title":"\"Administrative non-compliance penalty\" definition of TAA","collection_order":8,"collection":598,"post_modified":"2024-01-27 22:57:04","post_date":"2015-10-15 12:13:04"},{"ID":"2530","post_content":"

    \u201cassessment\u201d<\/strong> means the determination of the amount of a tax liability or refund, by way of self-assessment by the taxpayer or assessment by SARS;<\/p>\n","post_title":"\"Assessment\" definition of TAA","collection_order":9,"collection":598,"post_modified":"2024-01-27 22:57:10","post_date":"2015-10-15 12:13:04"},{"ID":"2532","post_content":"

    \u201casset\u201d <\/strong>includes-<\/p>\n

    \u00a0<\/em><\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0property of whatever nature, whether movable or immovable, corporeal or incorporeal; and<\/span><\/p>\n

    \u00a0<\/em><\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0a right or interest of whatever nature to or in the property;<\/span><\/p>\n","post_title":"\"Asset\" definition of TAA","collection_order":10,"collection":598,"post_modified":"2024-01-27 22:57:21","post_date":"2015-10-15 12:13:04"},{"ID":"24642","post_content":"

    \u201cbeneficial owner\u201d-<\/strong><\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0of a company, has the meaning assigned to it by section 1 of the Companies Act, 2008 (Act 71 of 2008);<\/span><\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0of a partnership, means a natural person who, directly or indirectly, ultimately owns, or exercises effective control of, the partnership, and includes\u2014<\/span><\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0every partner, including every member of a partnership en commandite, an anonymous partnership or any similar partnership;<\/span><\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0if a partner in the partnership is a legal person or a natural person acting on behalf of a partnership or in pursuance of the provisions of a trust agreement, the beneficial owner of that legal person, partnership or trust; and<\/span><\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0\u00a0the natural person who exercises executive control over the partnership; and<\/span><\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0of a trust, has the meaning assigned to it by section 1 of the Trust Property Control Act, 1988 (Act 57 of 1988).<\/span><\/span><\/p>\n

    [Definition of \u201cbeneficial owner\u201d inserted by\u00a0section\u00a025\u00a0of\u00a0Act\u00a018 of 2023]<\/span><\/p>\n","post_title":"\u201cBeneficial owner\u201d definition of section 1 of TAA","collection_order":11,"collection":598,"post_modified":"2024-01-27 22:56:40","post_date":"2024-01-20 20:29:46"},{"ID":"2534","post_content":"

    \u201cbiometric information\u201d<\/strong> means biological data used to authenticate the identity of a natural person by means of-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 facial recognition;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 fingerprint recognition;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 voice recognition;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 iris or retina recognition; and<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 other, less intrusive biological data, as may be prescribed by the Minister in a regulation issued under section 257<\/a>;<\/span><\/p>\n","post_title":"\"Biometric information\" definition of TAA","collection_order":12,"collection":598,"post_modified":"2024-01-27 22:57:55","post_date":"2015-10-15 12:13:04"},{"ID":"2536","post_content":"

    \u201cbusiness day\u201d<\/strong> means a day which is not a Saturday, Sunday or public holiday, and for purposes of determining the days or a period allowed for complying with the provisions of Chapter 9<\/a>, excludes the days between 16 December of each year and 15 January of the following year, both days inclusive;<\/p>\n","post_title":"\"Business day\" definition of TAA","collection_order":13,"collection":598,"post_modified":"2024-01-27 22:58:03","post_date":"2015-10-15 12:13:04"},{"ID":"2538","post_content":"

    \u201cCommissioner\u201d<\/strong> means the Commissioner for the South African Revenue Service appointed in terms of section 6 of the SARS Act or the Acting Commissioner designated in terms of section 7 of that Act;<\/p>\n","post_title":"\"Commissioner\" definition of TAA","collection_order":14,"collection":598,"post_modified":"2024-01-27 22:58:08","post_date":"2015-10-15 12:13:04"},{"ID":"2540","post_content":"

    \u201ccompany\u201d<\/strong> has the meaning assigned in section 1<\/a> of the Income Tax Act;<\/p>\n","post_title":"\"Company\" definition of TAA","collection_order":15,"collection":598,"post_modified":"2024-01-27 22:58:14","post_date":"2015-10-15 12:13:04"},{"ID":"2542","post_content":"

    \u201cconnected person\u201d<\/strong> means a connected person as defined in secti<\/a>on 1<\/a> of the Income Tax Act;<\/p>\n","post_title":"\"Connected person\" definition of TAA","collection_order":16,"collection":598,"post_modified":"2024-01-27 22:58:19","post_date":"2015-10-15 12:13:04"},{"ID":"2544","post_content":"

    \u201cCustoms and Excise Act\u201d\u00a0<\/strong>\u2026\u2026\u2026..<\/p>\n

    [Definition of \u201cCustoms and Excise Act\u201d substituted by the definition of \u201ccustoms and excise legislation\u201d by section 33 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    \u201ccustoms and excise legislation\u201d<\/strong>\u00a0means the Customs and Excise Act, 1964 (Act No. 91 of 1964), the Customs Duty Act, 2014 (Act No. 30 of 2014), or the Customs Control Act, 2014 (Act No. 31 of 2014);<\/p>\n

    [Definition of \u201ccustoms and excise legislation\u201d added as\u00a0substitition\u00a0of the definition of \u201cCustoms and Excise Act\u201d by section 33 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"\"Customs and excise legislation\" definition of TAA","collection_order":17,"collection":598,"post_modified":"2024-01-27 22:58:29","post_date":"2015-10-15 12:13:04"},{"ID":"2546","post_content":"

    \u201cdate of assessment\u201d<\/strong> means-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 in the case of an assessment by SARS, the date of the issue of the notice of assessment; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 in the case of self-assessment by the taxpayer-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 if a return is required, the date that the return is submitted; or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 if no return is required, the date of the last payment of the tax for the tax period or, if no payment was made in respect of the tax for the tax period, the effective date;<\/span><\/p>\n","post_title":"\"Date of assessment\" definition of TAA","collection_order":18,"collection":598,"post_modified":"2024-01-27 22:58:48","post_date":"2015-10-15 12:13:04"},{"ID":"2548","post_content":"

    \u201cdate of sequestration\u201d<\/strong> means-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the date of voluntary surrender of an estate, if accepted by a court; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the date of provisional sequestration of an estate, if a final order of sequestration is granted by a court;<\/span><\/p>\n","post_title":"\"Date of sequestration\" definition of TAA","collection_order":19,"collection":598,"post_modified":"2024-01-27 22:59:00","post_date":"2015-10-15 12:13:04"},{"ID":"2550","post_content":"

    \u201cDiamond Export Levy Act\u201d<\/strong> means the Diamond Export Levy Act, 2007 (Act No. 15 of 2007);<\/p>\n","post_title":"\"Diamond Export Levy Act\" definition of TAA","collection_order":20,"collection":598,"post_modified":"2024-01-27 22:59:06","post_date":"2015-10-15 12:13:04"},{"ID":"2552","post_content":"

    \u201cDiamond Export Levy (Administration) Act\u201d<\/strong> means the Diamond Export Levy (Administration) Act, 2007 (Act No. 14 of 2007);<\/p>\n","post_title":"\"Diamond Export Levy (Administration) Act\" definition of TAA","collection_order":21,"collection":598,"post_modified":"2024-01-27 22:59:13","post_date":"2015-10-15 12:13:04"},{"ID":"2554","post_content":"

    \u201cdocument\u201d <\/strong>means anything that contains a written, sound or pictorial record, or other record of information, whether in physical or electronic form;<\/p>\n","post_title":"\"Document\" definition of TAA","collection_order":22,"collection":598,"post_modified":"2024-01-27 22:59:18","post_date":"2015-10-15 12:13:04"},{"ID":"2556","post_content":"

    \u201ceffective date\u201d <\/strong>is the date described in section 187<\/a>(3), (4) and (5) of this Act, or the date from when interest is otherwise calculated under a tax Act;<\/p>\n","post_title":"\"Effective date\" definition of TAA","collection_order":23,"collection":598,"post_modified":"2024-01-27 22:59:27","post_date":"2015-10-15 12:13:04"},{"ID":"2558","post_content":"

    \u201cEstate Duty Act\u201d<\/strong> means the Estate Duty Act, 1955 (Act No. 45 of 1955);<\/p>\n","post_title":"\"Estate Duty Act\" definition of TAA","collection_order":24,"collection":598,"post_modified":"2024-01-27 22:59:32","post_date":"2015-10-15 12:13:04"},{"ID":"2560","post_content":"

    \u201cfair market value\u201d<\/strong> means the price which could be obtained upon a sale of an asset between a willing buyer and a willing seller dealing at arm\u2019s length in an open market;<\/p>\n","post_title":"\"Fair market value\" definition of TAA","collection_order":25,"collection":598,"post_modified":"2024-01-27 22:59:38","post_date":"2015-10-15 12:13:04"},{"ID":"2562","post_content":"

    \u201cincome tax\u201d<\/strong> means normal tax referred to in section 5<\/a> of the Income Tax Act;<\/p>\n","post_title":"\"Income tax\" definition of TAA","collection_order":26,"collection":598,"post_modified":"2024-01-27 22:59:52","post_date":"2015-10-15 12:13:04"},{"ID":"2564","post_content":"

    \u201cIncome Tax Act\u201d<\/strong> means the Income Tax Act, 1962 (Act No. 58 of 1962);<\/p>\n","post_title":"\"Income Tax Act\" definition of TAA","collection_order":27,"collection":598,"post_modified":"2024-01-27 22:59:59","post_date":"2015-10-15 12:13:04"},{"ID":"2566","post_content":"

    \u201cinformation\u201d<\/strong> includes information generated, recorded, sent, received, stored or displayed by any means;<\/p>\n","post_title":"\"Information\" definition of TAA","collection_order":28,"collection":598,"post_modified":"2024-01-27 23:00:05","post_date":"2015-10-15 12:13:04"},{"ID":"2568","post_content":"

    \u201cinternational tax agreement\u201d<\/strong> means-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 an agreement entered into with the government of another country in accordance with a tax Act; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 any other agreement entered into between the competent authority of the Republic and the competent authority of another country relating to the automatic exchange of information under an agreement referred to in paragraph (a);<\/span><\/p>\n","post_title":"\"International tax agreement\" definition of TAA","collection_order":29,"collection":598,"post_modified":"2024-01-27 23:00:14","post_date":"2015-10-15 12:13:04"},{"ID":"11710","post_content":"

    \u201cinternational tax standard\u201d<\/strong>\u00a0means-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0the OECD Standard for Automatic Exchange of Financial Account Information in Tax Matters;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the Country-by-Country Reporting Standard for Multinational Enterprises specified by the Minister; or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0any other international standard for the exchange of tax-related information between countries specified by the Minister,<\/span><\/p>\n

    <\/p>\n

    subject to such changes as specified by the Minister in a regulation issued under\u00a0section 257<\/a>;<\/p>\n

    [Definition of \u201cinternational tax standard\u201d inserted by section 33 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"\"International tax standard\" definition of TAA","collection_order":30,"collection":598,"post_modified":"2024-01-27 23:00:32","post_date":"2017-06-23 10:47:43"},{"ID":"2570","post_content":"

    \u201cjeopardy assessment\u201d<\/strong> is an assessment referred to in section 94<\/a>;<\/p>\n","post_title":"\"Jeopardy assessment\" definition of TAA","collection_order":31,"collection":598,"post_modified":"2024-01-27 23:00:38","post_date":"2015-10-15 12:13:04"},{"ID":"2572","post_content":"

    \u201cjudge\u201d<\/strong> means a judge of the High Court of South Africa, whether in chambers or otherwise;<\/p>\n","post_title":"\"Judge\" definition of TAA","collection_order":32,"collection":598,"post_modified":"2024-01-27 23:00:43","post_date":"2015-10-15 12:13:04"},{"ID":"2574","post_content":"

    \u201cmagistrate\u201d <\/strong>means a judicial officer as defined in section 1 of the Magistrates\u2019 Courts Act, 1944 (Act No. 32 of 1944), whether in chambers or otherwise;<\/p>\n","post_title":"\"Magistrate\" definition of TAA","collection_order":33,"collection":598,"post_modified":"2024-01-27 23:00:50","post_date":"2015-10-15 12:13:04"},{"ID":"2576","post_content":"

    \u201cMineral and Petroleum Resources Royalty (Administration) Act\u201d<\/strong> means the Mineral and Petroleum Resources Royalty (Administration) Act, 2008 (Act No. 29 of 2008);<\/p>\n","post_title":"\"Mineral and Petroleum Resources Royalty (Administration) Act\" definition of TAA","collection_order":34,"collection":598,"post_modified":"2024-01-27 23:00:55","post_date":"2015-10-15 12:13:04"},{"ID":"2578","post_content":"

    \u201cMinister\u201d<\/strong> means the Minister of Finance;<\/p>\n","post_title":"\"Minister\" definition of TAA","collection_order":35,"collection":598,"post_modified":"2024-01-27 23:01:01","post_date":"2015-10-15 12:13:04"},{"ID":"2580","post_content":"

    \u201cofficial publication\u201d<\/strong> means a binding general ruling, interpretation note, practice note or public notice issued by a senior SARS official or the Commissioner;<\/p>\n","post_title":"\"Official publication\" definition of TAA","collection_order":36,"collection":598,"post_modified":"2024-01-27 23:01:06","post_date":"2015-10-15 12:13:04"},{"ID":"2582","post_content":"

    \u201coriginal assessment\u201d<\/strong> is an assessment referred to in section 91<\/a>;<\/p>\n","post_title":"\"Original assessment\" definition of TAA","collection_order":37,"collection":598,"post_modified":"2024-01-27 23:01:12","post_date":"2015-10-15 12:13:04"},{"ID":"2584","post_content":"

    \u201coutstanding tax debt\u201d<\/strong> means a tax debt not paid by the day referred to in section 162<\/a>;<\/p>\n","post_title":"\"Outstanding tax debt\" definition of TAA","collection_order":38,"collection":598,"post_modified":"2024-01-27 23:01:19","post_date":"2015-10-15 12:13:04"},{"ID":"2586","post_content":"

    \u201cpractice generally prevailing\u201d<\/strong> has the meaning assigned in section 5<\/a>;<\/p>\n","post_title":"\"Practice generally prevailing\" definition of TAA","collection_order":39,"collection":598,"post_modified":"2024-01-27 23:01:29","post_date":"2015-10-15 12:13:03"},{"ID":"2588","post_content":"

    \u201cpremises\u201d<\/strong> includes a building, aircraft, vehicle, vessel or place;<\/p>\n","post_title":"\"Premises\" definition of TAA","collection_order":40,"collection":598,"post_modified":"2024-01-27 23:01:35","post_date":"2015-10-15 12:13:03"},{"ID":"2590","post_content":"

    \u201cprescribed rate\u201d<\/strong> has the meaning assigned in section 189<\/a>(3);<\/p>\n","post_title":"\"Prescribed rate\" definition of TAA","collection_order":41,"collection":598,"post_modified":"2024-01-27 23:01:40","post_date":"2015-10-15 12:13:03"},{"ID":"2592","post_content":"

    \u201cpresiding officer\u201d<\/strong> is the person referred to in section 50<\/a>(1);<\/p>\n","post_title":"\"Presiding officer\" definition of TAA","collection_order":42,"collection":598,"post_modified":"2024-01-27 23:01:46","post_date":"2015-10-15 12:13:03"},{"ID":"2594","post_content":"

    \u201cPromotion of Access to Information Act\u201d<\/strong> means the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);<\/p>\n","post_title":"\"Promotion of Access to Information Act\" definition of TAA","collection_order":43,"collection":598,"post_modified":"2024-01-27 23:01:52","post_date":"2015-10-15 12:13:03"},{"ID":"2597","post_content":"

    \u201cpublic notice\u201d<\/strong> means a notice published in the Government Gazette<\/em>;<\/p>\n","post_title":"\"Public notice\" definition of TAA","collection_order":44,"collection":598,"post_modified":"2024-01-27 23:01:58","post_date":"2015-10-15 12:13:03"},{"ID":"2599","post_content":"

    \u201cpublic officer\u201d<\/strong> is an officer referred to in section 246<\/a>(1), (2) and (3);<\/p>\n","post_title":"\"Public officer\" definition of TAA","collection_order":45,"collection":598,"post_modified":"2024-01-27 23:02:03","post_date":"2015-10-15 12:13:03"},{"ID":"2601","post_content":"

    \u201creduced assessment\u201d<\/strong> is an assessment referred to in section 93<\/a>;<\/p>\n","post_title":"\"Reduced assessment\" definition of TAA","collection_order":46,"collection":598,"post_modified":"2024-01-27 23:02:08","post_date":"2015-10-15 12:13:03"},{"ID":"2603","post_content":"

    \u201cregistered tax practitioner\u201d <\/strong>means a person registered under section 240<\/a>;<\/p>\n","post_title":"\"Registered tax practitioner\" definition of TAA","collection_order":47,"collection":598,"post_modified":"2024-01-27 23:07:24","post_date":"2015-10-15 12:13:03"},{"ID":"2605","post_content":"

    \u201crelevant material\u201d<\/strong> means any information, document or thing that in the opinion of SARS is foreseeably relevant for the administration of a tax Act as referred to in section 3<\/a>;<\/p>\n","post_title":"\"Relevant material\" definition of TAA","collection_order":48,"collection":598,"post_modified":"2024-01-27 23:02:48","post_date":"2015-10-15 12:13:03"},{"ID":"2607","post_content":"

    \u201creportable arrangement\u201d <\/strong>has the meaning assigned in section 35<\/a>;<\/p>\n","post_title":"\"Reportable arrangement\" definition of TAA","collection_order":49,"collection":598,"post_modified":"2024-01-27 23:02:44","post_date":"2015-10-15 12:13:03"},{"ID":"2609","post_content":"

    \u201crepresentative taxpayer\u201d<\/strong> has the meaning assigned in section 153<\/a>(1);<\/p>\n","post_title":"\"Representative taxpayer\" definition of TAA","collection_order":50,"collection":598,"post_modified":"2024-01-27 23:02:59","post_date":"2015-10-15 12:13:03"},{"ID":"2611","post_content":"

    \u201cresponsible third party\u201d<\/strong> has the meaning assigned under section 158<\/a>;<\/p>\n","post_title":"\"Responsible third party\" definition of TAA","collection_order":51,"collection":598,"post_modified":"2024-01-27 23:02:39","post_date":"2015-10-15 12:13:03"},{"ID":"2613","post_content":"

    \u201creturn\u201d<\/strong> means a form, declaration, document or other manner of submitting information to SARS that incorporates a self-assessment, is a basis on which an assessment is to be made by SARS or incorporates relevant material required under section 25<\/a>, 26<\/a> or 27<\/a> or a provision under a tax Act requiring the submission of a return;<\/p>\n","post_title":"\"Return\" definition of TAA","collection_order":52,"collection":598,"post_modified":"2024-01-27 23:02:54","post_date":"2015-10-15 12:13:03"},{"ID":"2615","post_content":"

    \u201cSARS\u201d<\/strong> means the South African Revenue Service established under the SARS Act;<\/p>\n","post_title":"\"SARS\" definition of TAA","collection_order":53,"collection":598,"post_modified":"2024-01-27 23:03:04","post_date":"2015-10-15 12:13:03"},{"ID":"2617","post_content":"

    \u201cSARS Act\u201d <\/strong>means the South African Revenue Service Act, 1997 (Act No. 34 of 1997);<\/p>\n","post_title":"\"SARS Act\" definition of TAA","collection_order":54,"collection":598,"post_modified":"2024-01-27 23:03:09","post_date":"2015-10-15 12:13:03"},{"ID":"2619","post_content":"

    \u201cSARS confidential information\u201d<\/strong> has the meaning assigned under section 68<\/a>(1);<\/p>\n","post_title":"\"SARS confidential information\" definition of TAA","collection_order":55,"collection":598,"post_modified":"2024-01-27 23:03:13","post_date":"2015-10-15 12:13:03"},{"ID":"2621","post_content":"

    \u201cSARS official\u201d<\/strong>\u00a0means-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0an employee of SARS; or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0a person contracted or engaged by SARS, other than an external legal representative, for purposes of the administration of a tax Act and who carries out the provisions of a tax Act under the control, direction or supervision of the Commissioner;<\/span><\/p>\n

    \u00a0[Definition of \u201cSARS official\u201d amended by section 36 of Act 21 of 2012 and substituted by section 47 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"\"SARS official\" definition of TAA","collection_order":56,"collection":598,"post_modified":"2024-01-27 23:03:27","post_date":"2015-10-15 12:13:03"},{"ID":"2623","post_content":"

    \u201cSecurities Transfer Tax Act\u201d<\/strong> means the Securities Transfer Tax Act, 2007 (Act No. 25 of 2007);<\/p>\n","post_title":"\"Securities Transfer Tax Act\" definition of TAA","collection_order":57,"collection":598,"post_modified":"2024-01-27 23:03:32","post_date":"2015-10-15 12:12:47"},{"ID":"2625","post_content":"

    \u201cSecurities Transfer Tax Administration Act\u201d<\/strong> means the Securities Transfer Tax Administration Act, 2007 (Act No. 26 of 2007);<\/p>\n","post_title":"\"Securities Transfer Tax Administration Act\" definition of TAA","collection_order":58,"collection":598,"post_modified":"2024-01-27 23:03:38","post_date":"2015-10-15 12:12:47"},{"ID":"2627","post_content":"

    \u201cself-assessment\u201d<\/strong> means a determination of the amount of tax payable under a tax Act by a taxpayer and-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 submitting a return which incorporates the determination of the tax; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 if no return is required, making a payment of the tax;<\/span><\/p>\n","post_title":"\"Self-assessment\" definition of TAA","collection_order":59,"collection":598,"post_modified":"2024-01-27 23:03:51","post_date":"2015-10-15 12:12:47"},{"ID":"2629","post_content":"

    \u201csenior SARS official\u201d<\/strong> is a SARS official referred to in section 6<\/a>(3);<\/p>\n","post_title":"\"Senior SARS official\" definition of TAA","collection_order":60,"collection":598,"post_modified":"2024-01-27 23:03:57","post_date":"2015-10-15 12:12:47"},{"ID":"2631","post_content":"

    \u201cserious tax offence\u201d<\/strong> means a tax offence for which a person may be liable on conviction to imprisonment for a period exceeding two years without the option of a fine or to a fine exceeding the equivalent amount of a fine under the Adjustment of Fines Act, 1991 (Act No. 101 of 1991);<\/p>\n","post_title":"\"Serious tax offence\" definition of TAA","collection_order":61,"collection":598,"post_modified":"2024-01-27 23:04:02","post_date":"2015-10-15 12:12:47"},{"ID":"2633","post_content":"

    \u201cshareholder\u201d<\/strong> means a person who holds a beneficial interest in a company as defined in the Income Tax Act;<\/p>\n","post_title":"\"Shareholder\" definition of TAA","collection_order":62,"collection":598,"post_modified":"2024-01-27 23:04:07","post_date":"2015-10-15 12:12:47"},{"ID":"2635","post_content":"

    \u201cSkills Development Levies Act\u201d<\/strong> means the Skills Development Levies Act, 1999 (Act No. 9 of 1999);<\/p>\n","post_title":"\"Skills Development Levies Act\" definition of TAA","collection_order":63,"collection":598,"post_modified":"2024-01-27 23:04:32","post_date":"2015-10-15 12:12:47"},{"ID":"2637","post_content":"

    \u201ctax\u201d<\/strong>, for purposes of administration under this Act, includes a tax, duty, levy, royalty, fee, contribution, penalty, interest and any other moneys imposed under a tax Act;<\/p>\n","post_title":"\"Tax\" definition of TAA","collection_order":64,"collection":598,"post_modified":"2024-01-27 23:04:28","post_date":"2015-10-15 12:12:47"},{"ID":"2639","post_content":"

    \u201ctaxable event\u201d<\/strong> means an occurrence which affects or may affect the liability of a person to tax;<\/p>\n","post_title":"\"Taxable event\" definition of TAA","collection_order":65,"collection":598,"post_modified":"2024-01-27 23:04:36","post_date":"2015-10-15 12:12:47"},{"ID":"2641","post_content":"

    \u201ctax Act\u201d<\/strong>\u00a0means this Act or an Act, or portion of an Act, referred to in\u00a0section 4\u00a0of the SARS Act, excluding customs and excise legislation;<\/p>\n

    [Definition of \u201ctax Act\u201d substituted by section 37 of Act 44 of 2014 effective on 1 October 2012 and section 33 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"\"Tax Act\" definition of TAA","collection_order":66,"collection":598,"post_modified":"2024-01-27 23:04:40","post_date":"2015-10-15 12:12:47"},{"ID":"2643","post_content":"

    \u201ctax board\u201d<\/strong> means a tax board established under section 108<\/a>;<\/p>\n","post_title":"\"Tax board\" definition of TAA","collection_order":67,"collection":598,"post_modified":"2024-01-27 23:04:44","post_date":"2015-10-15 12:12:47"},{"ID":"2645","post_content":"

    \u201ctax court\u201d<\/strong> means a court established under section 116<\/a>;<\/p>\n","post_title":"\"Tax court\" definition of TAA","collection_order":68,"collection":598,"post_modified":"2024-01-27 23:04:49","post_date":"2015-10-15 12:12:47"},{"ID":"2647","post_content":"

    \u201ctax debt\u201d<\/strong> means an amount referred to in section 169<\/a>(1);<\/p>\n","post_title":"\"Tax debt\" definition of TAA","collection_order":69,"collection":598,"post_modified":"2024-01-27 23:04:54","post_date":"2015-10-15 12:12:47"},{"ID":"2649","post_content":"

    \u201ctax offence\u201d<\/strong> means an offence in terms of a tax Act or any other offence involving-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 fraud on SARS or on a SARS official relating to the administration of a tax Act; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 theft of moneys due or paid to SARS for the benefit of the National Revenue Fund;<\/span><\/p>\n","post_title":"\"Tax offence\" definition of TAA","collection_order":70,"collection":598,"post_modified":"2024-01-27 23:05:06","post_date":"2015-08-02 12:19:13"},{"ID":"2652","post_content":"

    \u201cTax Ombud\u201d<\/strong> is the person appointed by the Minister under section 14<\/a>;<\/p>\n","post_title":"\"Tax Ombud\" definition of TAA","collection_order":71,"collection":598,"post_modified":"2024-01-27 23:05:11","post_date":"2015-10-15 12:12:47"},{"ID":"2654","post_content":"

    \u201ctax period\u201d<\/strong> means, in relation to-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 income tax, a year of assessment as defined in section 1<\/a> of the Income Tax Act;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 provisional tax or employees\u2019 tax, skills development levies as determined in section 3 of the Skills Development Levies Act, and contributions as determined in section 6 of the Unemployment Insurance Contributions Act, the period in respect of which the amount of tax payable must be determined under the relevant tax Act;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 value-added tax, a tax period determined under section 27 of the Value-Added Tax Act or the period or date of the taxable event in respect of which the amount of tax payable must be determined under that Act;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 royalty payable on the transfer of mineral and petroleum resources, a year of assessment as defined in section 1 of the Mineral and Petroleum Resources Royalty (Administration) Act;<\/span><\/p>\n

    \u00a0\u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 the levy on diamond exports as determined under section 2 of the Diamond Export Levy Act, the assessment period referred to in section 1 of the Diamond Export Levy (Administration) Act;<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 securities transfer tax, the period referred to in section 3 of the Securities Transfer Tax Administration Act;<\/span><\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0 any other tax, the period or date of the taxable event in respect of which the amount of tax payable must be determined under a tax Act; or<\/span><\/p>\n

    <\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0 a jeopardy assessment, the period determined under this Act;<\/span><\/p>\n","post_title":"\"Tax period\" definition of TAA","collection_order":72,"collection":598,"post_modified":"2024-01-27 23:05:31","post_date":"2015-10-15 12:12:47"},{"ID":"2656","post_content":"

    \u201ctaxpayer\u201d<\/strong> has the meaning assigned under section 151<\/a>;<\/p>\n","post_title":"\"Taxpayer\" definition of TAA","collection_order":73,"collection":598,"post_modified":"2024-01-27 23:05:37","post_date":"2015-10-15 12:12:47"},{"ID":"2658","post_content":"

    \u201ctaxpayer information\u201d<\/strong> has the meaning assigned under section 67<\/a>(1)(b);<\/p>\n","post_title":"\"Taxpayer information\" definition of TAA","collection_order":74,"collection":598,"post_modified":"2024-01-27 23:05:45","post_date":"2015-10-15 12:12:47"},{"ID":"2660","post_content":"

    \u201ctaxpayer reference number\u201d<\/strong> is the number referred to in section 24<\/a>;<\/p>\n","post_title":"\"Taxpayer reference number\" definition of TAA","collection_order":75,"collection":598,"post_modified":"2024-01-27 23:05:51","post_date":"2015-10-15 12:12:47"},{"ID":"2662","post_content":"

    \u201cthing\u201d<\/strong> includes a corporeal or incorporeal thing;<\/p>\n","post_title":"\"Thing\" definition of TAA","collection_order":76,"collection":598,"post_modified":"2024-01-27 23:05:57","post_date":"2015-10-15 12:12:47"},{"ID":"2664","post_content":"

    \u201cthis Act\u201d<\/strong> includes the regulations and a public notice issued under this Act;<\/p>\n","post_title":"\"This Act\" definition of TAA","collection_order":77,"collection":598,"post_modified":"2024-01-27 23:06:03","post_date":"2015-10-15 12:12:47"},{"ID":"2666","post_content":"

    \u201cTransfer Duty Act\u201d<\/strong> means the Transfer Duty Act, 1949 (Act No. 40 of 1949);<\/p>\n","post_title":"\"Transfer Duty Act\" definition of TAA","collection_order":78,"collection":598,"post_modified":"2024-01-27 23:06:08","post_date":"2015-10-15 12:12:47"},{"ID":"2668","post_content":"

    \u201cunderstatement penalty\u201d<\/strong> means a penalty imposed by SARS in accordance with Part A<\/a> of Chapter 16<\/a>;<\/p>\n","post_title":"\"Understatement penalty\" definition of TAA","collection_order":79,"collection":598,"post_modified":"2024-01-27 23:06:13","post_date":"2015-10-15 12:12:47"},{"ID":"2670","post_content":"

    \u201cUnemployment Insurance Contributions Act\u201d<\/strong> means the Unemployment Insurance Contributions Act, 2002 (Act No. 4 of2002);<\/p>\n","post_title":"\"Unemployment Insurance Contribution Act\" definition of TAA","collection_order":80,"collection":598,"post_modified":"2024-01-27 23:06:19","post_date":"2015-10-15 12:12:47"},{"ID":"2672","post_content":"

    \u201cValue-Added Tax Act\u201d<\/strong> means the Value-Added Tax Act, 1991 (Act No. 89 of 1991);<\/p>\n","post_title":"\"Value-Added Tax Act\" definition of TAA","collection_order":81,"collection":598,"post_modified":"2024-01-27 23:06:57","post_date":"2015-10-15 12:12:47"},{"ID":"2674","post_content":"

    \u201cwithholding agent\u201d<\/strong> has the meaning assigned under section 156<\/a>.<\/p>\n","post_title":"\"Withholding agent\" definition of TAA","collection_order":82,"collection":598,"post_modified":"2024-01-27 23:06:28","post_date":"2015-10-15 12:12:47"},{"ID":"2676","post_content":"

    CHAPTER 2<\/strong><\/p>\n

    \u00a0<\/strong>GENERAL ADMINISTRATION PROVISIONS<\/strong><\/p>\n","post_title":"Chapter 2 - General administration provisions (TAA)","collection_order":83,"collection":598,"post_modified":"2019-03-06 18:09:35","post_date":"2015-10-15 12:12:47"},{"ID":"2678","post_content":"

    Part A<\/strong><\/p>\n

    In general<\/strong><\/p>\n","post_title":"Part A - In general (TAA)","collection_order":84,"collection":598,"post_modified":"2019-03-06 18:09:06","post_date":"2015-10-15 12:12:47"},{"ID":"2680","post_content":"

    2. \u00a0 \u00a0Purpose of Act<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The purpose of this Act is to ensure the effective and efficient collection of tax by-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 aligning the administration of the tax Acts to the extent practically possible;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 prescribing the rights and obligations of taxpayers and other persons to whom this Act applies;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 prescribing the powers and duties of persons engaged in the administration of a tax Act; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 generally giving effect to the objects and purposes of tax administration.<\/span><\/p>\n","post_title":"Section 2 (TAA) - Purpose of Act","collection_order":85,"collection":598,"post_modified":"2019-03-06 18:09:46","post_date":"2015-10-15 12:12:47"},{"ID":"2682","post_content":"

    3. \u00a0 \u00a0Administration of tax Acts<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS is responsible for the administration of this Act under the control or direction of the Commissioner.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Administration of a tax Act means to-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 obtain full information in relation to-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 anything that may affect the liability of a person for tax in respect of a previous, current or future tax period;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 a taxable event; or<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0 the obligation of a person (whether personally or on behalf of another person) to comply with a tax Act;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 ascertain whether a person has filed or submitted correct returns, information or documents in compliance with the provisions of a tax Act;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 establish the identity of a person for purposes of determining liability for tax;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 determine the liability of a person for tax;<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 collect tax debts and refund tax overpaid;<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 investigate whether a tax offence has been committed, and, if so-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 to lay criminal charges; and<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 to provide the assistance that is reasonably required for the investigation and prosecution of the tax offence;<\/span><\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0 enforce SARS\u2019 powers and duties under a tax Act to ensure that an obligation imposed by or under a tax Act is complied with;<\/span><\/p>\n

    <\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0\u00a0perform any other administrative function necessary to carry out the provisions of a tax Act;<\/span><\/p>\n

    [Paragraph (h) amended by section 34 of Act 23 of 2015 effective on 8 January 2016]\u00a0<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0give effect to the obligation of the Republic to provide assistance under an international tax agreement; and<\/span><\/p>\n

    [Paragraph (i) amended by section 34 of Act 23 of 2015 effective on 8 January 2016]\u00a0<\/span><\/p>\n

    <\/p>\n

    (j)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0give effect to an international tax standard.<\/span><\/p>\n

    [Paragraph (j) added by section 34 of Act 23 of 2015 effective on 8 January 2016]\u00a0<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0\u00a0If SARS, in accordance with-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0an international tax agreement-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0received a request for, is obliged to exchange or wishes to spontaneously exchange information, SARS may disclose or obtain the information for transmission to the competent authority of the other country as if it were relevant material required for purposes of a tax Act and must treat the information obtained as taxpayer information;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0received a request for the conservancy or the collection of an amount alleged to be due by a person under the tax laws of the requesting country, SARS may deal with the request under the provisions of\u00a0section 185<\/a>; or<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0received a request for the service of a document which emanates from the requesting country, SARS may effect service of the document as if it were a notice, document or other communication required under a tax Act to be issued, given, sent or served by SARS; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0an international tax standard, obtained information of a person, SARS may retain the information as if it were relevant material required for purposes of a tax Act and must treat the information obtained as taxpayer information.<\/span><\/p>\n

    [Subsection (3) amended by sectoin 37 of Act 21 of 2012, substituted by section 38 of Act 44 of 2014 effective on 1 October 2012 and section 34 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 3 (TAA) - Administration of tax Acts","collection_order":86,"collection":598,"post_modified":"2019-03-06 18:09:55","post_date":"2015-10-15 12:12:47"},{"ID":"2684","post_content":"

    4. \u00a0 \u00a0Application of Act<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 This Act applies to every person who is liable to comply with a provision of a tax Act (whether personally or on behalf of another person) and binds SARS.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 If this Act is silent with regard to the administration of a tax Act and it is specifically provided for in the relevant tax Act, the provisions of that tax Act apply.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 In the event of any inconsistency between this Act and another tax Act, the other Act prevails.<\/span><\/p>\n","post_title":"Section 4 (TAA) - Application of Act","collection_order":87,"collection":598,"post_modified":"2019-03-06 18:10:05","post_date":"2015-10-15 12:12:47"},{"ID":"2686","post_content":"

    5.\u00a0 Practice generally prevailing<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A practice generally prevailing is a practice set out in an official publication regarding the application or interpretation of a tax Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Despite any provision to the contrary contained in a tax Act, a practice generally prevailing set out in an official publication, other than a binding general ruling, ceases to be a practice generally prevailing if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the provision of the tax Act that is the subject of the official publication is repealed or amended to an extent material to the practice, from the date the repeal or amendment becomes effective;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a court overturns or modifies an interpretation of the tax Act which is the subject of the official publication to an extent material to the practice from the date of judgment, unless-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 the decision is under appeal;<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the decision is fact-specific and the general interpretation upon which the official publication was based is unaffected; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (iii)\u00a0\u00a0\u00a0 the reference to the interpretation upon which the official publication was based was obiter dicta<\/em>; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the official publication is withdrawn or modified by the Commissioner, from the date of the official publication of the withdrawal or modification.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A binding general ruling ceases to be a practice generally prevailing in the circumstances described in section 85<\/a> or 86<\/a>.<\/span><\/p>\n","post_title":"Section 5 (TAA) - Practice generally prevailing","collection_order":88,"collection":598,"post_modified":"2019-03-06 18:10:15","post_date":"2015-10-15 12:12:47"},{"ID":"2688","post_content":"

    Part B<\/strong><\/p>\n

    Powers and duties of SARS and SARS officials<\/strong><\/p>\n","post_title":"Part B - Powers and duties of SARS and SARS officials (TAA)","collection_order":89,"collection":598,"post_modified":"2019-03-06 18:10:23","post_date":"2015-10-15 12:12:47"},{"ID":"2690","post_content":"

    6. \u00a0 \u00a0Powers and duties<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The powers and duties of SARS under this Act may be exercised for purposes of the administration of a tax Act.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Powers and duties which are assigned to the Commissioner by this Act must be exercised by the Commissioner personally but he or she may delegate such powers and duties in accordance with section 10<\/a>.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Powers and duties required by this Act to be exercised by a senior SARS official must be exercised by-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the Commissioner;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a SARS official who has specific written authority from the Commissioner to do so; or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 a SARS official occupying a post designated by the Commissioner in writing for this purpose.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0\u00a0The execution of a task ancillary to a power or duty under subsection (2) or (3) may be done by a SARS official under the control of an official referred to in subsection (3)(a), (b) or (c).<\/span><\/p>\n

    [Subsection (4) amended by section 38 of Act 21 of 2012 effective on 1 October 2012, substituted by section 35 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 Powers and duties not specifically required by this Act to be exercised by the Commissioner or by a senior SARS official, may be exercised by a SARS official.<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 The Commissioner may by public notice specify that a power or duty in a tax Act other than this Act must be exercised by the Commissioner personally or a senior SARS official.<\/span><\/p>\n","post_title":"Section 6 (TAA) - Powers and duties","collection_order":90,"collection":598,"post_modified":"2019-03-06 18:10:34","post_date":"2015-10-15 12:12:47"},{"ID":"2692","post_content":"

    7. \u00a0 \u00a0Conflict of interest<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The Commissioner or a SARS official may not exercise a power or become involved in a matter pertaining to the administration of a tax Act, if-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the power or matter relates to a taxpayer in respect of which the Commissioner or the official has or had, in the previous three years, a personal, family, social, business, professional, employment or financial relationship presenting a conflict of interest; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 other circumstances present a conflict of interest,<\/span><\/p>\n

    \u00a0<\/p>\n

    that will reasonably be regarded as giving rise to bias.<\/p>\n","post_title":"Section 7 (TAA) - Conflict of interest","collection_order":91,"collection":598,"post_modified":"2019-03-06 18:10:44","post_date":"2015-10-15 12:12:47"},{"ID":"2694","post_content":"

    8. \u00a0 \u00a0Identity cards<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS may issue an identity card to each SARS official exercising powers and duties for purposes of the administration of a tax Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 When a SARS official exercises a power or duty for purposes of the administration of a tax Act in person outside SARS premises, the official must produce the identity card upon request by a member of the public.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If the official does not produce the identity card, a member of the public is entitled to assume that the person is not a SARS official.<\/span><\/p>\n","post_title":"Section 8 (TAA) - Identity cards","collection_order":92,"collection":598,"post_modified":"2019-03-06 18:10:52","post_date":"2015-10-15 12:12:47"},{"ID":"2696","post_content":"

    9. \u00a0 \u00a0Decision or notice by SARS<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A decision made by a SARS official or a notice to a specific person issued by SARS under a tax Act, excluding a decision given effect to in an assessment or a notice of assessment that is subject to objection and appeal, may in the discretion of a SARS official described in paragraph (a), (b) or (c) or at the request of the relevant person, be withdrawn or amended by-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the SARS official;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a SARS official to whom the SARS official reports; or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 a senior SARS official.<\/span><\/p>\n

    [Subsection (1) substituted by section 22 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 If all the material facts were known to the SARS official at the time the decision was made, a decision or notice referred to in subsection (1) may not be withdrawn or amended with retrospective effect, after three years from the later of the-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 date of the written notice of that decision; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 date of assessment or the notice of assessment giving effect to the decision (if applicable).<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A decision made by a SARS official or a notice to a specific person issued by SARS under a tax Act is regarded as made by a SARS official authorised to do so or duly issued by SARS, until proven to the contrary.<\/span><\/p>\n

    [Subsection (3) added by section 22 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/span><\/p>\n","post_title":"Section 9 (TAA) - Decision or notice by SARS","collection_order":93,"collection":598,"post_modified":"2019-06-19 10:27:09","post_date":"2015-10-15 12:12:47"},{"ID":"2698","post_content":"

    Part C<\/strong><\/p>\n

    Delegations<\/strong><\/p>\n","post_title":"Part C - Delegations (TAA)","collection_order":94,"collection":598,"post_modified":"2019-03-06 18:11:09","post_date":"2015-10-15 12:12:47"},{"ID":"2700","post_content":"

    10. \u00a0 \u00a0Delegations by the Commissioner<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A delegation by the Commissioner under section 6<\/a>(2)-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 must be in writing;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 becomes effective only when signed by the Commissioner;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 is subject to the limitations and conditions the Commissioner may determine in making the delegation;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 may either be to-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 a specific individual; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the incumbent of a specific post; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 may be amended or withdrawn by the Commissioner.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A delegation does not divest the Commissioner of the responsibility for the exercise of the delegated power or the performance of the delegated duty.<\/span><\/p>\n","post_title":"Section 10 (TAA) - Delegations by the Commissioner","collection_order":95,"collection":598,"post_modified":"2019-03-06 18:11:21","post_date":"2015-10-15 12:12:47"},{"ID":"2702","post_content":"

    Part D<\/strong><\/p>\n

    Authority to act in legal proceedings<\/strong><\/p>\n","post_title":"Part D - Authority to act in legal proceedings (TAA)","collection_order":96,"collection":598,"post_modified":"2019-03-06 18:11:30","post_date":"2015-10-15 12:12:47"},{"ID":"2704","post_content":"

    11. \u00a0 \u00a0Legal proceedings involving Commissioner<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0No SARS official may institute or defend civil proceedings on behalf of the Commissioner unless authorised to do so under this Act or by the Commissioner or by the person delegated by the Commissioner under\u00a0section 6<\/a>(2).<\/span><\/p>\n

    [Subsection (1) substituted by section 36 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 For purposes of subsection (1), a SARS official who, on behalf of the Commissioner, institutes litigation, or performs acts which are relied upon by the Commissioner in litigation, is regarded as duly authorised until proven to the contrary.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0\u00a0An amount due or payable as a result of a cost order in favour of SARS recovered by the State Attorney resulting from any civil proceedings under this Act must be paid to the National Revenue Fund.<\/span><\/p>\n

    [Subsection (3) substituted by section 40 of Act 21 of 2012, section 33 of Act 39 of 2013 and section 48 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0\u00a0Unless the court otherwise directs, no legal proceedings may be instituted in the High Court against the Commissioner, unless the applicant has given the Commissioner written notice of at least 10 business days of the applicant\u2019s intention to institute the legal proceedings.<\/span><\/p>\n

    [Subsection (4) added by section 33(c) of Act 39 of 2013 and substituted by section 27 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 The notice or any process by which the legal proceedings referred to in subsection (4) are instituted, must be served at the address specified by the Commissioner by public notice.<\/span><\/p>\n","post_title":"Section 11 (TAA) - Legal proceedings involving Commissioner","collection_order":97,"collection":598,"post_modified":"2021-02-20 20:01:42","post_date":"2015-10-15 12:12:47"},{"ID":"2706","post_content":"

    12. \u00a0 \u00a0Right of appearance in proceedings<\/span><\/strong><\/p>\n

    <\/p>\n

    (1) \u00a0\u00a0\u00a0\u00a0Despite any law to the contrary, a senior SARS official may, on behalf of SARS or the Commissioner in proceedings referred to in a tax Act, appear ex parte in a judge\u2019s chambers, in the tax court or in a High Court.<\/span><\/p>\n

    [Subsection (1)\u00a0substituted by\u00a0section\u00a024\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0A senior SARS official may appear in the tax court or a High Court only if the person is a legal practitioner duly admitted and enrolled under the Legal Practice Act, 2014 (Act 28 of 2014).<\/span><\/p>\n

    [Subsection (2) substituted by section 28 of Act 33 of 2019]<\/span><\/p>\n","post_title":"Section 12 (TAA) - Right of appearance in proceedings","collection_order":98,"collection":598,"post_modified":"2023-01-28 19:31:11","post_date":"2015-10-15 12:12:47"},{"ID":"2708","post_content":"

    Part E<\/strong>\u00a0<\/strong><\/p>\n

    Powers and duties of Minister<\/strong><\/p>\n","post_title":"Part E - Powers and duties of Minister (TAA)","collection_order":99,"collection":598,"post_modified":"2019-03-06 18:11:55","post_date":"2015-10-15 12:12:47"},{"ID":"2710","post_content":"

    13. \u00a0 \u00a0Powers and duties of Minister<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The powers conferred and the duties imposed upon the Minister by or under the provisions of a tax Act may-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 be exercised or performed by the Minister personally; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 except for the powers under sections 14<\/a> and 257<\/a>, be delegated by the Minister to the Deputy Minister or Director-General of the National Treasury.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The Director-General may in turn delegate the powers and duties delegated to the Director-General by the Minister to a person under the control, direction or supervision of the Director-General.<\/span><\/p>\n","post_title":"Section 13 (TAA) - Powers and duties of Minister","collection_order":100,"collection":598,"post_modified":"2019-03-06 18:12:05","post_date":"2015-10-15 12:12:47"},{"ID":"2712","post_content":"

    14. \u00a0 \u00a0Power of Minister to appoint Tax Ombud<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Minister must appoint a person as Tax Ombud-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0for a term of five years, which term may be renewed; and<\/span><\/p>\n

    [Paragraph (a) substituted by section 49 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 under such conditions regarding remuneration and allowances as the Minister may determine.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The person appointed under subsection (1) or (3) may be removed by the Minister for misconduct, incapacity or incompetence.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 During a vacancy in the office of Tax Ombud, the Minister may designate a person in the office of the Tax Ombud to act as Tax Ombud.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 No person may be designated in terms of subsection (3) as acting Tax Ombud for a period longer than 90 days at a time.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A person appointed as Tax Ombud-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 is accountable to the Minister;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 must have a good background in customer service as well as tax law; and<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 may not at any time during the preceding five years have been convicted (whether in the Republic or elsewhere) of-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 theft, fraud, forgery or uttering a forged document, perjury, an offence under the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004); or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 any other offence involving dishonesty,<\/span><\/p>\n

    <\/p>\n

    for which the person has been sentenced to a period of imprisonment exceeding two years without the option of a fine or to a fine exceeding the amount prescribed in the Adjustment of Fines Act, 1991 (Act No. 101 of 1991).<\/p>\n","post_title":"Section 14 (TAA) - Power of Minister to appoint Tax Ombud","collection_order":101,"collection":598,"post_modified":"2019-03-06 18:12:14","post_date":"2015-10-15 12:12:47"},{"ID":"2714","post_content":"

    Part F<\/strong><\/p>\n

    Powers and duties of Tax Ombud<\/strong><\/p>\n","post_title":"Part F - Powers and duties of Tax Ombud (TAA)","collection_order":102,"collection":598,"post_modified":"2019-03-06 18:12:23","post_date":"2015-10-15 12:12:47"},{"ID":"2716","post_content":"

    15. \u00a0 \u00a0Office of Tax Ombud<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0The Tax\u00a0Ombud\u00a0must appoint the staff of the office of the Tax\u00a0Ombud\u00a0who must be employed in terms of the SARS Act.<\/span><\/p>\n

    [Subsection (1) substituted by section 50 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 When the Tax Ombud is absent or otherwise unable to perform the functions of office, the Tax Ombud may designate another person in the office of the Tax Ombud as acting Tax Ombud.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 No person may be designated in terms of subsection (2) as acting Tax Ombud for a period longer than 90 days at a time.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0\u00a0The expenditure connected with the functions of the office of the Tax\u00a0Ombud\u00a0is paid in accordance with a budget approved by the Minister for the office.<\/span><\/p>\n

    [Subsection (4) substituted by section 50 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"Section 15 (TAA) - Office of Tax Ombud","collection_order":103,"collection":598,"post_modified":"2019-03-06 18:12:32","post_date":"2015-10-15 12:12:47"},{"ID":"2718","post_content":"

    16. \u00a0 \u00a0Mandate of Tax Ombud<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0The mandate of the Tax\u00a0Ombud\u00a0is to-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0review and address any complaint by a taxpayer regarding a service matter or a procedural or administrative matter arising from the application of the provisions of a tax\u00a0Act by SARS; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0review, at the request of the Minister or at the initiative of the Tax\u00a0Ombud\u00a0with the approval of the Minister, any systemic and emerging issue related to a service matter or the application of the provisions of this Act or procedural or administrative provisions of a tax Act.<\/span><\/p>\n

    [Subsection (1) substituted by section 51 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 In discharging his or her mandate, the Tax Ombud must-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 review a complaint and, if necessary, resolve it through mediation or conciliation;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 act independently in resolving a complaint;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 follow informal, fair and cost-effective procedures in resolving a complaint;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 provide information to a taxpayer about the mandate of the Tax Ombud and the procedures to pursue a complaint;<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 facilitate access by taxpayers to complaint resolution mechanisms within SARS to address complaints; and<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 identify and review systemic and emerging issues related to service matters or the application of the provisions of this Act or procedural or administrative provisions of a tax Act that impact negatively on taxpayers.<\/span><\/p>\n","post_title":"Section 16 (TAA) - Mandate of Tax Ombud","collection_order":104,"collection":598,"post_modified":"2019-03-06 18:12:41","post_date":"2015-10-15 12:12:47"},{"ID":"2720","post_content":"

    17. \u00a0 \u00a0Limitations on authority<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The Tax Ombud may not review-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 legislation or tax policy;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 SARS policy or practice generally prevailing, other than to the extent that it relates to a service matter or a procedural or administrative matter arising from the application of the provisions of a tax Act by SARS;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 a matter subject to objection and appeal under a tax Act, except for an administrative matter relating to such objection and appeal; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 a decision of, proceeding in or matter before the tax court.<\/span><\/p>\n","post_title":"Section 17 (TAA) - Limitations on authority","collection_order":105,"collection":598,"post_modified":"2019-03-06 18:12:51","post_date":"2015-10-15 12:12:47"},{"ID":"2722","post_content":"

    18. \u00a0 \u00a0Review of complaint<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Tax Ombud may review any issue within the Tax Ombud\u2019s mandate on receipt of a request from a taxpayer.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The Tax Ombud may-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 determine how a review is to be conducted; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 determine whether a review should be terminated before completion.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 In exercising the discretion set out in subsection (2), the Tax Ombud must consider such factors as-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the age of the request or issue;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the amount of time that has elapsed since the requester became aware of the issue;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the nature and seriousness of the issue;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the question of whether the request was made in good faith; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 the findings of other redress mechanisms with respect to the request.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The Tax Ombud may only review a request if the requester has exhausted the available complaints resolution mechanisms in SARS, unless there are compelling circumstances for not doing so.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 To determine whether there are compelling circumstances, the Tax Ombud must consider factors such as whether-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the request raises systemic issues;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 exhausting the complaints resolution mechanisms will cause undue hardship to the requester; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 exhausting the complaints resolution mechanisms is unlikely to produce a result within a period of time that the Tax Ombud considers reasonable.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 The Tax Ombud must inform the requester of the results of the review or any action taken in response to the request, but at the time and in the manner chosen by the Tax Ombud.<\/span><\/p>\n","post_title":"Section 18 (TAA) - Review of complaint","collection_order":106,"collection":598,"post_modified":"2019-03-06 18:12:59","post_date":"2015-10-15 12:12:47"},{"ID":"2724","post_content":"

    19. \u00a0 \u00a0Reports by Tax Ombud<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Tax Ombud must-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 report directly to the Minister;<\/span><\/p>\n

    \n<\/p>

    (b)\u00a0\u00a0\u00a0\u00a0 submit an annual report to the Minister within five months of the end of SARS\u2019 financial year; and<\/span><\/p>\n

    \n<\/p>

    (c)\u00a0\u00a0\u00a0\u00a0 submit a report to the Commissioner quarterly or at such other intervals as may be agreed.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The reports must-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 contain a summary of at least ten of the most serious issues encountered by taxpayers and identified systemic and emerging issues referred to in section 16<\/a>(2)f), including a description of the nature of the issues;<\/span><\/p>\n

    \n<\/p>

    (b)\u00a0\u00a0\u00a0\u00a0 contain an inventory of the issues described in subparagraph (a) for which-<\/span><\/p>\n

    \n<\/p>

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 action has been taken and the result of such action;<\/span><\/p>\n

    \n<\/p>

    (ii)\u00a0\u00a0\u00a0\u00a0 action remains to be completed and the period during which each item has remained on such inventory; or<\/span><\/p>\n

    \n<\/p>

    (iii)\u00a0\u00a0\u00a0 no action has been taken, the period during which each item has remained on such inventory and the reasons for the inaction; and<\/span><\/p>\n

    \n<\/p>

    (c)\u00a0\u00a0\u00a0\u00a0 contain recommendations for such administrative action as may be appropriate to resolve problems encountered by taxpayers.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The Minister must table the annual report of the Tax Ombud in the National Assembly.<\/span><\/p>\n","post_title":"Section 19 (TAA) - Reports by Tax Ombud","collection_order":107,"collection":598,"post_modified":"2019-03-06 18:13:09","post_date":"2015-10-15 12:12:47"},{"ID":"2726","post_content":"

    20. \u00a0 \u00a0Resolution and recommendations<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Tax Ombud must attempt to resolve all issues within the Tax Ombud\u2019s mandate at the level at which they can most efficiently and effectively be resolved and must, in so doing, communicate with SARS officials identified by SARS.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0The Tax\u00a0Ombud\u2019s\u00a0recommendations are not binding on a taxpayer or SARS, but if not accepted by a taxpayer or SARS, reasons for such decision must be provided to the Tax\u00a0Ombud\u00a0within 30 days of notification of the recommendations and may be included by the Tax\u00a0Ombud\u00a0in a report to the Minister or the Commissioner under\u00a0section 19<\/a>.<\/span><\/p>\n

    [Subsection (2) substituted by section 52 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"Section 20 (TAA) - Resolution and recommendation","collection_order":108,"collection":598,"post_modified":"2019-03-06 18:13:18","post_date":"2015-10-15 12:12:47"},{"ID":"2728","post_content":"

    21. \u00a0 \u00a0Confidentiality<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The provisions of Chapter 6<\/a> apply with the changes required by the context for the purpose of this Part.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS must allow the Tax Ombud access to information in the possession of SARS that relates to the Tax Ombud\u2019s powers and duties under this Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The Tax Ombud and any person acting on the Tax Ombud\u2019s behalf may not disclose information of any kind that is obtained by or on behalf of the Tax Ombud, or prepared from information obtained by or on behalf of the Tax Ombud, to SARS, except to the extent required for the purpose of the performance of functions and duties under this Part.<\/span><\/p>\n","post_title":"Section 21 (TAA) - Confidentiality","collection_order":109,"collection":598,"post_modified":"2019-03-06 18:13:27","post_date":"2015-10-15 12:12:47"},{"ID":"2730","post_content":"

    CHAPTER 3<\/strong><\/p>\n

    REGISTRATION<\/strong><\/p>\n","post_title":"Chapter 3 - Registration (TAA)","collection_order":110,"collection":598,"post_modified":"2019-03-06 18:13:35","post_date":"2015-10-15 12:12:47"},{"ID":"2732","post_content":"

    22. \u00a0 \u00a0Registration requirements<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 obliged to apply to; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 who may voluntarily,<\/span><\/p>\n

    <\/p>\n

    register with SARS under a tax Act must do so in terms of the requirements of this Chapter or, if applicable, the relevant tax Act.<\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A person referred to in subsection (1) must-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 apply for registration within the period provided for in a tax Act or, if no such period is provided for, 21 business days of so becoming obliged or within the further period as SARS may approve in the prescribed form and manner;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0apply for registration for one or more taxes or under\u00a0section 26<\/a>(3) in the prescribed form and manner; and<\/span><\/p>\n

    [Paragraph (b) substituted by section 37 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0provide SARS with the further particulars and any documents as SARS may require for the purpose of registering the person for the tax or taxes or under\u00a0section 26<\/a>(3).<\/span><\/p>\n

    [Paragraph (c) substituted by section 37 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A person registered or applying for registration under a tax Act may be required to submit biometric information in the prescribed form and manner if the information is required to ensure-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 proper identification of the person; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 counteracting identity theft or fraud.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A person who applies for registration in terms of this Chapter and has not provided all particulars and documents required by SARS, may be regarded not to have applied for registration until all the particulars and documents have been provided to SARS.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0\u00a0Where a person that is obliged to register with SARS under a tax Act fails to do so, SARS may register the person for one or more tax types as is appropriate under the circumstances or for purposes of\u00a0section 26<\/a>(3).<\/span><\/p>\n

    [Subsection (5) substituted by section 37 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 22 (TAA) - Registration requirements","collection_order":111,"collection":598,"post_modified":"2019-03-06 18:13:46","post_date":"2015-10-15 12:12:47"},{"ID":"2734","post_content":"

    23. \u00a0 \u00a0Communication of changes in particulars<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A person who has been registered under section 22<\/a> must communicate to SARS within 21 business days any change that relates to-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 postal address;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 physical address;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 representative taxpayer;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 banking particulars used for transactions with SARS;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 electronic address used for communication with SARS; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 such other details as the Commissioner may require by public notice.<\/span><\/p>\n","post_title":"Section 23 (TAA) - Communication of changes in particulars","collection_order":112,"collection":598,"post_modified":"2019-03-06 18:13:55","post_date":"2015-10-15 12:12:47"},{"ID":"2736","post_content":"

    24. \u00a0 \u00a0Taxpayer reference number<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS may allocate a taxpayer reference number in respect of one or more taxes to each person registered under a tax Act or this Chapter.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS may register and allocate a taxpayer reference number to a person who is not registered.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A person who has been allocated a taxpayer reference number by SARS must include the relevant reference number in all returns or other documents submitted to SARS.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 SARS may regard a return or other document submitted by a person to be invalid if it does not contain the reference number referred to in subsection (3) and must inform the person accordingly if practical.<\/span><\/p>\n","post_title":"Section 24 (TAA) - Taxpayer reference number","collection_order":113,"collection":598,"post_modified":"2019-03-06 18:14:03","post_date":"2015-10-15 12:12:46"},{"ID":"2738","post_content":"

    CHAPTER 4<\/strong><\/p>\n

    RETURNS AND RECORDS<\/strong><\/p>\n","post_title":"Chapter 4 - Returns and records (TAA)","collection_order":114,"collection":598,"post_modified":"2019-03-06 18:14:11","post_date":"2015-10-15 12:12:46"},{"ID":"2740","post_content":"

    Part A<\/strong><\/p>\n

    General<\/strong><\/p>\n","post_title":"Part A - General (TAA)","collection_order":115,"collection":598,"post_modified":"2019-03-06 18:14:19","post_date":"2015-10-15 12:12:46"},{"ID":"2742","post_content":"

    25. \u00a0 \u00a0Submission of return<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person required under a tax Act or by the Commissioner to submit or who voluntarily submits a return must do so-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 in the prescribed form and manner; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 by the date specified in the tax Act or, in its absence, by the date specified by the Commissioner in the public notice requiring the submission.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A return must contain the information prescribed by a tax Act or the Commissioner and be a full and true return.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A return must be signed by the taxpayer or by the taxpayer\u2019s duly authorised representative and the person signing the return is regarded for all purposes in connection with a tax Act to be cognisant of the statements made in the return.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 Non-receipt by a person of a return form does not affect the obligation to submit a return.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 SARS may, prior to the issue of an original assessment by SARS, request a person to submit an amended return to correct an undisputed error in a return.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 SARS may extend the time period for filing a return in a particular case, in accordance with procedures and criteria in policies published by the Commissioner.<\/span><\/p>\n

    \u00a0<\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 The Commissioner may also extend the filing deadline generally or for specific classes of persons by public notice.<\/span><\/p>\n

    \u00a0<\/p>\n

    (8)\u00a0\u00a0\u00a0\u00a0 An extension under subsection (6) or (7) does not affect the deadline for paying the tax.<\/span><\/p>\n","post_title":"Section 25 (TAA) - Submission of return","collection_order":116,"collection":598,"post_modified":"2019-03-06 18:14:30","post_date":"2015-10-15 12:12:46"},{"ID":"2744","post_content":"

    26. \u00a0 \u00a0Third party returns<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Commissioner may by public notice, at the time and place and by the due date specified, require a person who employs, pays amounts to, receives amounts on behalf of or otherwise transacts with another person, or has control over assets of another person, to submit a return by the date specified in the notice.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A person required under subsection (1) to submit a return must do so in the prescribed form and manner and the return must-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 contain the information prescribed by the Commissioner;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 be a full and true return; and<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0for purposes of providing the information required in the return, comply with the due diligence requirements as may be prescribed in a tax Act, an international tax agreement, an international tax standard or by the Commissioner in a public notice consistent with the international tax agreement or the international tax standard.<\/span><\/p>\n

    [Paragraph (c) substituted by section 38 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may, by public notice, require a person to apply to register as a person required to submit a return under this section, an international tax agreement or an international tax standard.<\/span><\/p>\n

    [Subsection (3) added by section 38 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0\u00a0If, in order to submit a return under subsection (1) and to comply with the requirements of this section, a person requires information, a document or thing from another person, the other person must provide the information, document or thing so required within a reasonable time.<\/span><\/p>\n

    [Subsection (4) added by section 38 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 26 (TAA) - Third party returns","collection_order":117,"collection":598,"post_modified":"2019-03-06 18:14:42","post_date":"2015-10-15 12:12:46"},{"ID":"2746","post_content":"

    27. \u00a0 \u00a0Other returns required<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1) \u00a0 \u00a0 A senior SARS official may require a person to submit further or more detailed returns regarding any matter for which a return under section 25<\/a> or 26<\/a> is required or prescribed by a tax Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2) \u00a0 \u00a0 A person required under subsection (1) to submit a return must do so in the prescribed form and manner and the return must contain the information prescribed by the official and must be a full and true return.<\/span><\/p>\n","post_title":"Section 27 (TAA) - Other returns required","collection_order":118,"collection":598,"post_modified":"2019-03-06 18:14:54","post_date":"2015-10-15 12:12:46"},{"ID":"2748","post_content":"

    28.\u00a0 Statement concerning accounts<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS may require a person who submits financial statements or accounts prepared by another person in support of that person\u2019s submitted return, to submit a certificate or statement by the other person setting out the details of-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the extent of the other person\u2019s examination of the books of account and of the documents from which the books of account were written up; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 whether or not the entries in those books and documents disclose the true nature of the transactions, receipts, accruals, payments or debits in so far as may be ascertained by that examination.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A person who prepares financial statements or accounts for another person must, at the request of that other person, submit to that other person a copy of the certificate or statement referred to in subsection (1).<\/span><\/p>\n","post_title":"Section 28 (TAA) - Statement concerning accounts","collection_order":119,"collection":598,"post_modified":"2019-03-06 18:15:05","post_date":"2015-10-15 12:12:46"},{"ID":"2750","post_content":"

    29.\u00a0 Duty to keep records<\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person must keep the records, books of account or documents that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 enable the person to observe the requirements of a tax Act;<\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 are specifically required under a tax Act or by the Commissioner by public notice; and<\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 enable SARS to be satisfied that the person has observed these requirements.<\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The requirements of this Act to keep records, books of account or documents for a tax period apply to a person who-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 has submitted a return for the tax period;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 is required to submit a return for the tax period and has not submitted a return for the tax period; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 is not required to submit a return but has, during the tax period, received income, has a capital gain or capital loss, or engaged in any other activity that is subject to tax or would be subject to tax but for the application of a threshold or exemption.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Records, books of account or documents need not be retained by the person described in-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 subsection (2)(a), after a period of five years from the date of the submission of the return; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 subsection (2)(c), after a period of five years from the end of the relevant tax period.<\/span><\/p>\n","post_title":"Section 29 (TAA) - Duty to keep records","collection_order":120,"collection":598,"post_modified":"2019-03-06 18:15:15","post_date":"2015-10-15 12:12:46"},{"ID":"2753","post_content":"

    30.\u00a0 Form of records kept or retained<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The records, books of account, and documents referred to in section 29<\/a>, must be kept or retained-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 in their original form in an orderly fashion and in a safe place;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 in the form, including electronic form, as may be prescribed by the Commissioner in a public notice; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 in a form specifically authorised by a senior SARS official in terms of subsection (2).<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may, subject to the conditions as the official may determine, authorise the retention of information contained in records, books of account or documents referred to in section 29<\/a> in a form acceptable to the official.<\/span><\/p>\n","post_title":"Section 30 (TAA) - Form of records kept or retained","collection_order":121,"collection":598,"post_modified":"2019-03-06 18:15:23","post_date":"2015-10-15 12:12:46"},{"ID":"2755","post_content":"

    31.\u00a0 Inspection of records<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The records, books of account and documents referred to in section 29<\/a>\u00a0 whether in the form referred to in section 30<\/a>(1) or in a form authorised under section 30<\/a>(2), must at all reasonable times during the required periods under section 29<\/a>, be open for inspection by a SARS official in the Republic for the purpose of-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 determining compliance with the requirements of sections 29<\/a>\u00a0 and 30<\/a>; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 an inspection, audit or investigation under Chapter 5<\/a>.<\/span><\/p>\n","post_title":"Section 31 (TAA) - Inspection of records","collection_order":122,"collection":598,"post_modified":"2019-03-06 18:15:31","post_date":"2015-10-15 12:12:46"},{"ID":"2757","post_content":"

    32.\u00a0 Retention period in case of audit, objection or appeal<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    Despite section 29<\/a>(3), if-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 records, books of account or documents are relevant to an audit or investigation under Chapter 5<\/a> which the person subject to the audit or investigation has been notified of or is aware of; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a person lodges an objection or appeal against an assessment or decision under section 104<\/a>(2),<\/span><\/p>\n

    \u00a0<\/p>\n

    the person must retain the records, books of account or documents relevant to the audit, investigation, objection or appeal until the audit or investigation is concluded or the assessment or the decision becomes final.<\/p>\n","post_title":"Section 32 (TAA) - Retention period in case of audit, objection or appeal","collection_order":123,"collection":598,"post_modified":"2019-03-06 18:15:39","post_date":"2015-10-15 12:12:46"},{"ID":"2759","post_content":"

    33.\u00a0 Translation<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 In the case of information that is not in one of the official languages of the Republic, a senior SARS official may by notice require a person who must furnish the information to SARS, to produce a translation in one of the official languages determined by the official within a reasonable period.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A translation referred to in subsection (1) must-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 be produced at a time and at the place specified by the notice; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 if required by SARS, be prepared and certified by a sworn and accredited translator or another person approved by the senior SARS official.<\/span><\/p>\n","post_title":"Section 33 (TAA) - Translation","collection_order":124,"collection":598,"post_modified":"2019-03-06 18:15:48","post_date":"2015-10-15 12:12:46"},{"ID":"2761","post_content":"

    Part B<\/strong><\/p>\n

    Reportable arrangements<\/strong><\/p>\n","post_title":"Part B - Reportable arrangements (TAA)","collection_order":125,"collection":598,"post_modified":"2019-03-06 18:15:56","post_date":"2015-10-15 12:12:46"},{"ID":"2763","post_content":"

    34.\u00a0 Definitions<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    In this Part and in section 212<\/a>, unless the context indicates otherwise, the following terms, if in single quotation marks, have the following meanings:<\/p>\n","post_title":"Section 34 (TAA) - Definitions","collection_order":126,"collection":598,"post_modified":"2019-03-06 18:16:06","post_date":"2015-10-15 12:12:46"},{"ID":"2765","post_content":"

    \u2018arrangement\u2019<\/strong> means any transaction, operation, scheme, agreement or understanding (whether enforceable or not);<\/p>\n","post_title":"\"Arrangement\" definition of section 34 of TAA","collection_order":127,"collection":598,"post_modified":"2017-05-26 11:04:46","post_date":"2015-10-15 12:12:46"},{"ID":"2767","post_content":"

    \u2018financial benefit\u2019<\/strong> means a reduction in the cost of finance, including interest, finance charges, costs, fees and discounts on a redemption amount;<\/p>\n","post_title":"\"Financial benefit\" definition of section 34 of TAA","collection_order":128,"collection":598,"post_modified":"2017-05-26 11:04:48","post_date":"2015-10-15 12:12:46"},{"ID":"2769","post_content":"

    \u2018financial reporting standards\u2019 <\/strong>means, in the case of a company required to submit financial statements in terms of the Companies Act, 2008 (Act No. 71 of 2008), financial reporting standards prescribed by that Act, or, in any other case, the International Financial Reporting Standards or appropriate financial reporting standards that provide a fair presentation of the financial results and position of the taxpayer;<\/p>\n","post_title":"\"Financial reporting standards\" definition of section 34 of TAA","collection_order":129,"collection":598,"post_modified":"2017-05-26 11:04:54","post_date":"2015-10-15 12:12:46"},{"ID":"2771","post_content":"

    \u201cparticipant\u201d<\/strong>, in relation to an \u2018arrangement\u2019, means-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0a \u201cpromoter\u201d<\/strong>;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0a person who directly or indirectly will derive or assumes that the person will derive a \u201ctax benefit\u201d<\/strong> or \u201cfinancial benefit\u201d<\/strong> by virtue of an \u201carrangement\u201d<\/strong>; or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0any other person who is party to an \u201carrangement\u201d listed in a public notice referred to in\u00a0section 35<\/a>(2);<\/span><\/p>\n

    [Definition of \u201cparticipant\u201d substituted by section 40 of Act 44 of 2014 effective on 20 January 2015 and section 39 of Act 23 of 2015 effective on 8 January2016]<\/span><\/p>\n","post_title":"\"Participant\" definition of section 34 of TAA","collection_order":130,"collection":598,"post_modified":"2017-12-09 20:10:34","post_date":"2015-10-15 12:12:46"},{"ID":"2773","post_content":"

    \u2018pre-tax profit\u2019<\/strong>, in relation to an \u2018arrangement\u2019, means the profit of a \u2018participant\u2019 resulting from that \u2018arrangement\u2019 before deducting normal tax, which profit must be determined in accordance with \u2018financial reporting standards\u2019 after taking into account all costs and expenditure incurred by the \u2018participant\u2019 in connection with the \u2018arrangement\u2019 and after deducting any foreign tax paid or payable by the \u2018participant\u2019 in connection with the \u2018arrangement\u2019;<\/p>\n","post_title":"\"Pre-tax profit\" definition of section 34 of TAA","collection_order":131,"collection":598,"post_modified":"2017-05-26 11:05:06","post_date":"2015-10-15 12:12:46"},{"ID":"2775","post_content":"

    \u201cpromoter\u201d<\/strong>, in relation to an \u201carrangement\u201d<\/strong>, means a person who is principally responsible for organising, designing, selling, financing or managing the \u201carrangement\u201d<\/strong>;<\/p>\n","post_title":"\"Promoter\" definition of section 34 of TAA","collection_order":132,"collection":598,"post_modified":"2017-05-26 11:05:09","post_date":"2015-10-15 12:12:46"},{"ID":"2777","post_content":"

    \u201creportable arrangement\u201d<\/strong> means an \u201carrangement\u201d<\/strong> referred to in section 35<\/a>(1) or 35(2) that is not an excluded \u201carrangement\u201d <\/strong>referred to in section 36<\/a>;<\/p>\n","post_title":"\"Reportable arrangement\" definition of section 34 of TAA","collection_order":133,"collection":598,"post_modified":"2017-05-26 11:05:14","post_date":"2015-10-15 12:12:46"},{"ID":"2779","post_content":"

    \u2018tax benefit\u2019<\/strong> means the avoidance, postponement, reduction or evasion of a liability for tax.<\/p>\n","post_title":"\"Tax benefit\" definition of TAA","collection_order":134,"collection":598,"post_modified":"2017-05-26 11:05:16","post_date":"2015-10-15 12:12:46"},{"ID":"2781","post_content":"

    35.\u00a0 Reportable arrangements<\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 An \u201carrangement\u201d<\/strong> is a reportable arrangement if a person is a \u201cparticipant\u201d<\/strong> in the \u201carrangement\u201d<\/strong> and the \u201carrangement\u201d<\/strong>\u2013<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 contains provisions in terms of which the calculation of interest as defined in section 24J<\/a> of the Income Tax Act, finance costs, fees or any other charges is wholly or partly dependent on the assumptions relating to the tax treatment of that \u2018arrangement\u2019 (otherwise than by reason of any change in the provisions of a tax Act);<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 has any of the characteristics contemplated in section 80C<\/a>(2)(b) of the Income Tax Act, or substantially similar characteristics;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 gives rise to an amount that is or will be disclosed by any \u2018participant\u2019 in any year of assessment or over the term of the \u2018arrangement\u2019 as-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 a deduction for purposes of the Income Tax Act but not as an expense for purposes of \u2018financial reporting standards\u2019; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 revenue for purposes of \u2018financial reporting standards\u2019 but not as gross income for purposes of the Income Tax Act;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 does not result in a reasonable expectation of a \u2018pre-tax profit\u2019 for any \u2018participant\u2019; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 results in a reasonable expectation of a \u2018pre-tax profit\u2019 for any \u2018participant\u2019 that is less than the value of that \u2018tax benefit\u2019 to that \u2018participant\u2019 if both are discounted to a present value at the end of the first year of assessment when that \u2018tax benefit\u2019 is or will be derived or is assumed to be derived, using consistent assumptions and a reasonable discount rate for that \u2018participant\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An \u201carrangement\u201d<\/strong> is a \u201creportable arrangement\u201d<\/strong> if the Commissioner has listed the \u201carrangement\u201d<\/strong> in a public notice.<\/span><\/p>\n","post_title":"Section 35 (TAA) - Reportable arrangements","collection_order":135,"collection":598,"post_modified":"2019-03-06 18:16:33","post_date":"2015-10-15 12:12:46"},{"ID":"2783","post_content":"

    36.\u00a0 Excluded arrangements<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 An \u2018arrangement\u2019 is an excluded \u2018arrangement\u2019 if it is-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a debt in terms of which-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 the borrower receives or will receive an amount of cash and agrees to repay at least the same amount of cash to the lender at a determinable future date; or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the borrower receives or will receive a fungible asset and agrees to return an asset of the same kind and of the same or equivalent quantity and quality to the lender at a determinable future date;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a lease;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0a transaction undertaken through an exchange regulated in terms of the Financial Markets Act, 2012 (Act 19 of 2012); or<\/span><\/p>\n

    [Paragraph (c)\u00a0substituted by\u00a0section 40\u00a0of\u00a0Act 23 of 2015]<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 a transaction in participatory interests in a scheme regulated in terms of the Collective Investment Schemes Control Act, 2002 (Act No. 45 of 2002).<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Subsection (1) applies only to an \u2018arrangement\u2019 that-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 is undertaken on a stand-alone basis and is not directly or indirectly connected to any other \u2018arrangement\u2019 (whether entered into between the same or different parties); or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 would have qualified as having been undertaken on a stand-alone basis as required by paragraph (a), were it not for a connected \u2018arrangement\u2019 that is entered into for the sole purpose of providing security and if no \u2018tax benefit\u2019 is obtained or enhanced by virtue of the security \u2018arrangement\u2019.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Subsection (1) does not apply to an \u2018arrangement\u2019 that is entered into-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 with the main purpose or one of its main purposes of obtaining or enhancing a \u2018tax benefit\u2019; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 in a specific manner or form that enhances or will enhance a \u2018tax benefit\u2019.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The Commissioner may determine an \u201carrangement\u201d<\/strong> to be an excluded \u201carrangement\u201d<\/strong> by public notice.<\/span><\/p>\n","post_title":"Section 36 (TAA) - Excluded arrangements","collection_order":136,"collection":598,"post_modified":"2021-08-02 19:50:45","post_date":"2015-10-15 12:12:46"},{"ID":"2785","post_content":"

    37.\u00a0 Disclosure obligation<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The information referred to in section 38<\/a> in respect of a \u201creportable arrangement\u201d<\/strong> must be disclosed by a person who-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 is a \u201cparticipant\u201d<\/strong> in an \u201carrangement\u201d <\/strong>on the date on which it qualifies as a \u201creportable arrangement\u201d<\/strong>, within 45 business days after that date; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 becomes a \u201cparticipant\u201d<\/strong> in an \u201carrangement\u201d <\/strong>after the date on which it qualifies as a \u201creportable arrangement\u201d<\/strong>, within 45 business days after becoming a \u201cparticipant\u201d<\/strong>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A \u201cparticipant\u201d<\/strong> need not disclose the information if the \u201cparticipant\u201d<\/strong> obtains a written statement from any other \u201cparticipant\u201d<\/strong> that the other \u201cparticipant\u201d<\/strong> has disclosed the \u201creportable arrangement\u201d<\/strong>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 \u2026\u2026\u2026.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 SARS may grant extension for disclosure for a further 45 business days, if reasonable grounds exist for the extension.<\/span><\/p>\n","post_title":"Section 37 (TAA) - Disclosure obligation","collection_order":137,"collection":598,"post_modified":"2019-03-06 18:16:54","post_date":"2015-10-15 12:12:46"},{"ID":"2787","post_content":"

    38.\u00a0 Information to be submitted<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The following information in relation to a \u201creportable arrangement\u201d<\/strong>, must be submitted in the prescribed form and manner and by the date specified:<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a detailed description of all its steps and key features, including, in the case of an \u2018arrangement\u2019 that is a step or part of a larger \u2018arrangement\u2019, all the steps and key features of the larger \u2018arrangement\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a detailed description of the assumed \u2018tax benefits\u2019 for all \u2018participants\u2019, including, but not limited to, tax deductions and deferred income;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the names, registration numbers, and registered addresses of all \u2018participants\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 a list of all its agreements; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 any financial model that embodies its projected tax treatment.<\/span><\/p>\n","post_title":"Section 38 (TAA) - Information to be submitted","collection_order":138,"collection":598,"post_modified":"2019-03-06 18:17:03","post_date":"2015-10-15 12:12:46"},{"ID":"2789","post_content":"

    39.\u00a0 Reportable arrangement reference number<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    SARS must, after receipt of the information contemplated in section 38<\/a>, issue a \u201creportable arrangement\u201d<\/strong> reference number to each \u201cparticipant\u201d<\/strong> for administrative purposes only.<\/p>\n","post_title":"Section 39 (TAA) - Reportable arrangement reference number","collection_order":139,"collection":598,"post_modified":"2019-03-06 18:17:11","post_date":"2015-10-15 12:12:46"},{"ID":"2791","post_content":"

    CHAPTER 5<\/strong><\/p>\n

    INFORMATION GATHERING<\/strong><\/p>\n","post_title":"Chapter 5 - Information gathering (TAA)","collection_order":140,"collection":598,"post_modified":"2019-03-06 18:17:19","post_date":"2015-10-15 12:12:46"},{"ID":"2793","post_content":"

    Part A<\/strong><\/p>\n

    General rules for inspection, verification, audit and criminal investigation<\/strong><\/p>\n","post_title":"Part A - General rules for inspection, verification, audit and criminal investigation (TAA)","collection_order":141,"collection":598,"post_modified":"2019-03-06 18:17:27","post_date":"2015-10-15 12:12:46"},{"ID":"2796","post_content":"

    40. \u00a0 \u00a0Selection for inspection, verification or audit<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    SARS may select a person for inspection, verification or audit on the basis of any consideration relevant for the proper administration of a tax Act, including on a random or a risk assessment basis.<\/p>\n","post_title":"Section 40 (TAA) - Selection for inspection, verification or audit","collection_order":142,"collection":598,"post_modified":"2019-03-06 18:17:37","post_date":"2015-10-15 12:12:46"},{"ID":"2798","post_content":"

    41.\u00a0 Authorisation for SARS official to conduct audit or criminal investigation<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may grant a SARS official written authorisation to conduct a field audit or criminal investigation, as referred to in Part B.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 When a SARS official exercises a power or duty under a tax Act in person, the official must produce the authorisation.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If the official does not produce the authorisation, a member of the public is entitled to assume that the official is not a SARS official so authorised.<\/span><\/p>\n","post_title":"Section 41 (TAA) - Authorisation for SARS official to conduct audit or criminal investigation","collection_order":143,"collection":598,"post_modified":"2019-03-06 18:17:45","post_date":"2015-10-15 12:12:46"},{"ID":"2801","post_content":"

    42.\u00a0 Keeping taxpayer informed<\/strong><\/p>\n

    <\/p>\n

    (1) A SARS official involved in or responsible for an audit under this Chapter must, in the form and in the manner as may be prescribed by the Commissioner by public notice, provide the taxpayer with a notice of commencement of an audit and, thereafter, a report indicating the stage of completion of the audit.<\/span><\/p>\n

    [Subsection (1)\u00a0substituted by\u00a0section 48(a<\/em>)\u00a0of\u00a0Act 21 of 2012\u00a0and by\u00a0section 16\u00a0of\u00a0Act 22 of 2018.]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Upon conclusion of the audit or a criminal investigation, and where-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the audit or investigation was inconclusive, SARS must inform the taxpayer accordingly within 21 business days; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the audit identified potential adjustments of a material nature, SARS must within 21 business days, or the further period that may be required based on the complexities of the audit, provide the taxpayer with a document containing the outcome of the audit, including the grounds for the proposed assessment or decision referred to in section 104<\/a>(2).<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Upon receipt of the document described in subsection (2)(b), the taxpayer must within 21 business days of delivery of the document, or the further period requested by the taxpayer that may be allowed by SARS based on the complexities of the audit, respond in writing to the facts and conclusions set out in the document.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The taxpayer may waive the right to receive the document.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 Subsections (1) and (2)(b) do not apply if a senior SARS official has a reasonable belief that compliance with those subsections would impede or prejudice the purpose, progress or outcome of the audit.<\/span><\/p>\n

    <\/p>\n

    (6) \u00a0 \u00a0 SARS may under the circumstances described in subsection (5) issue the assessment or make the decision referred to in section 104<\/a>(2) resulting from the audit and the grounds of the assessment or decision must be provided to the taxpayer within 21 business days of the assessment or the decision, <\/strong>or the further period that may be required based on the complexities of the audit or the decision.<\/span><\/p>\n","post_title":"Section 42 (TAA) - Keeping taxpayer informed","collection_order":144,"collection":598,"post_modified":"2020-08-29 20:58:13","post_date":"2015-10-15 12:12:46"},{"ID":"11727","post_content":"

    42A.\u00a0\u00a0Procedure where legal professional privilege is asserted<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0For purposes of Parts B, C and D, if a person alleges the existence of legal professional privilege in respect of relevant material required by SARS, during an inquiry or during the conduct of a search and seizure by SARS, the person must provide the following information to SARS and, if applicable, the presiding officer designated under section 51<\/a> or the legal practitioner referred to in section 64<\/a>:<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0a description and purpose of each item of the material in respect of which the privilege is asserted;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the author of the material and the capacity in which the author was acting;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0the name of the person for whom the author referred to in paragraph (b) was acting in providing the material;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0confirmation in writing that the person referred to in paragraph (c) is claiming privilege in respect of each item of the material;<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0if the material is not in possession of the person referred to in paragraph (d), from whom did the person asserting privilege obtain the material; and<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0if the person asserting privilege is not the person referred to in paragraph (d), under what circumstances and instructions regarding the privilege did the person obtain the material.<\/span><\/p>\n

    [Subsection (1) amended by section 29 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0A person must submit the information required under Part B to SARS at the place, in the format and within the time specified by SARS, unless SARS extends the period based on reasonable grounds submitted by the person.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0\u00a0If SARS disputes the assertion of privilege upon receipt of the information-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0SARS must make arrangements with a practitioner from the panel appointed under section 111 to take receipt of the material;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the person asserting privilege must seal and hand over the material in respect of which privilege is asserted to the practitioner;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0the practitioner must within 21 business days after being handed the material make a determination of whether the privilege applies and may do so in the manner the practitioner deems fit, including considering representations made by the parties;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0if a determination of whether the privilege applies is not made by the practitioner or a party is not satisfied with the determination, the practitioner must retain the relevant material pending final resolution of the dispute by the parties or an order of court; and<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0any application to a High Court must be instituted within 30 days of the expiry of the period of 21 business days, failing which the material must be handed to the party in whose favour the determination, if any, was made.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0\u00a0The appointed practitioner-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0is not regarded as acting on behalf of either party;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0must personally take responsibility for the safekeeping of the material;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0must give grounds for the determination under subsection (3)(d); and<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0must be compensated in the same manner as if acting as chairperson of the tax board.<\/span><\/p>\n

    [Section 42A inserted by section 41 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 42A (TAA) - Procedure where legal professional privilege is asserted","collection_order":145,"collection":598,"post_modified":"2021-02-20 20:16:15","post_date":"2017-06-23 11:22:02"},{"ID":"2803","post_content":"

    43.\u00a0 Referral for criminal investigation<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If at any time before or during the course of an audit it appears that a taxpayer may have committed a serious tax offence, the investigation of the offence must be referred to a senior SARS official responsible for criminal investigations for a decision as to whether a criminal investigation should be pursued.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2) \u00a0 \u00a0 Relevant material obtained under this Chapter from the taxpayer after the referral, must be kept separate from the criminal investigation.<\/strong><\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If an investigation is referred under subsection (1) the relevant material and files relating to the case must be returned to the SARS official responsible for the audit if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 it is decided not to pursue a criminal investigation;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 it is decided to terminate the investigation; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 after referral of the case for prosecution, a decision is made not to prosecute.<\/span><\/p>\n","post_title":"Section 43 (TAA) - Referral for criminal investigation","collection_order":146,"collection":598,"post_modified":"2019-03-06 18:18:03","post_date":"2015-10-15 12:12:46"},{"ID":"2805","post_content":"

    44.\u00a0 Conduct of criminal investigation<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 During a criminal investigation, SARS must apply the information gathering powers in terms of this Chapter with due recognition of the taxpayer\u2019s constitutional rights as a suspect in a criminal investigation.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 In the event that a decision is taken to pursue the criminal investigation of a serious tax offence, SARS may make use of relevant material obtained prior to the referral referred to in section 43<\/a>.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0 Relevant material obtained during a criminal investigation may be used for purposes of audit as well as in subsequent civil and criminal proceedings.<\/span><\/p>\n

    [Subsection (3)\u00a0substituted by\u00a0section 17\u00a0of\u00a0Act 22 of 2018.]<\/span><\/p>\n","post_title":"Section 44 (TAA) - Conduct of criminal investigation","collection_order":147,"collection":598,"post_modified":"2020-08-29 21:52:28","post_date":"2015-10-15 12:12:46"},{"ID":"2807","post_content":"

    Part B<\/strong><\/p>\n

    Inspection, request for relevant material, audit and criminal investigation<\/strong><\/p>\n","post_title":"Part B - Inspection, request for relevant material, audit and criminal investigation (TAA)","collection_order":148,"collection":598,"post_modified":"2019-03-06 18:18:23","post_date":"2015-10-15 12:12:46"},{"ID":"2809","post_content":"

    45.\u00a0 Inspection<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A SARS official may, for the purposes of the administration of a tax Act and without prior notice, arrive at a premises where the SARS official has a reasonable belief that a trade or enterprise is being carried on and conduct an inspection to determine only-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the identity of the person occupying the premises;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 whether the person occupying the premises is registered for tax; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 whether the person is complying with sections 29<\/a> and 30<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A SARS official may not enter a dwelling-house or domestic premises, except any part thereof used for the purposes of trade, under this section without the consent of the occupant.<\/span><\/p>\n","post_title":"Section 45 (TAA) - Inspection","collection_order":149,"collection":598,"post_modified":"2019-03-06 18:18:32","post_date":"2015-10-15 12:12:46"},{"ID":"2811","post_content":"

    46. \u00a0 \u00a0Requeset for relevant material<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS may, for the purposes of the administration of a tax Act in relation to a taxpayer, whether identified by name or otherwise objectively identifiable, require the taxpayer or another person to, within a reasonable period, submit relevant material (whether orally or in writing) that SARS requires.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0A senior SARS official may require relevant material in terms of subsection (1) \u2013<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0in respect of taxpayers in an objectively identifiable class of taxpayers; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0held or kept by a connected person, as referred to in paragraph (d)(i) of the definition of \u201cconnected person\u201d in the Income Tax Act, in relation to the taxpayer, located outside the Republic.<\/span><\/p>\n

    [Subsection (2) substituted by section 42 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0 A request by SARS for relevant material from a person other than the taxpayer is limited to material maintained or kept or that should reasonably be maintained or kept by the person in relation to the taxpayer.<\/span><\/p>\n

    [Subsection (3) substituted by section 50(a) of Act 21 of 2012, by section 42(a) of Act 23 of 2015 and by section 30 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0\u00a0A person or taxpayer receiving from SARS a request for relevant material under this section must submit the relevant material to SARS at the place, in the format (which must be reasonably accessible to the person or taxpayer) and-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0within the time specified in the request; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0if the material is held by a connected person referred to in subsection (2)(b), within 90 days from the date of the request, which request must set out the consequences referred to in subsection (9) of failing to do so.<\/span><\/p>\n

    [Subsection (4) substituted by section 46 of Act 44 of 2014 effective on 1 October 2012 and section 42 of Act 23 of 2015 effective on 8 January 2016]\u00a0<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0\u00a0If reasonable grounds for an extension are submitted by the person or taxpayer, SARS may extend the period within which the relevant material must be submitted.<\/span><\/p>\n

    [Subsection (5) substituted by section 50 of Act 21 of 2012 effective on 1 October 2012 and section 42 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 Relevant material required by SARS under this section must be referred to in the request with reasonable specificity.<\/span><\/p>\n

    <\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may direct that relevant material-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 be provided under oath or solemn declaration; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 if required for purposes of a criminal investigation, be provided under oath or solemn declaration and, if necessary, in accordance with the requirements of section 212 or 236 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).<\/span><\/p>\n

    <\/p>\n

    (8)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may request relevant material that a person has available for purposes of revenue estimation.<\/span><\/p>\n


    <\/span><\/p>\n

    (9)\u00a0\u00a0\u00a0\u00a0\u00a0If a taxpayer fails to provide material referred to in subsection (2)(b), the material may not be produced by the taxpayer in any subsequent proceedings, unless a competent court directs otherwise on the basis of circumstances outside the control of the taxpayer and any connected person referred to in paragraph (d)(i) of the definition of \u201cconnected person\u201d in the Income Tax Act, in relation to the taxpayer.<\/span><\/p>\n

    [Subsection (9) added by section 42 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/span><\/p>\n","post_title":"Section 46 (TAA) - Request for relevant material","collection_order":150,"collection":598,"post_modified":"2021-02-20 20:15:44","post_date":"2015-10-15 12:12:46"},{"ID":"2813","post_content":"

    47. \u00a0 \u00a0Production of relevant material in person<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0A senior SARS official may, by notice, require a person, whether or not chargeable to tax, an employee of the person or a person who holds an office in the person to attend in person at the time and place designated in the notice for the purpose of being interviewed by a SARS official concerning the tax affairs of the person, if the interview-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0is intended to clarify issues of concern to SARS-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0to render further verification or audit unnecessary; or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0to expedite a current verification or audit; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0is not for purposes of a criminal investigation.<\/span><\/p>\n

    [Subsection (1) substituted by section 43 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The senior SARS official issuing the notice may require the person interviewed to produce relevant material under the control of the person during the interview.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Relevant material required by SARS under subsection (2) must be referred to in the notice with reasonable specificity.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A person may decline to attend an interview, if the distance between the place designated in the notice and the usual place of business or residence of the person exceeds the distance prescribed by the Commissioner by public notice.<\/span><\/p>\n","post_title":"Section 47 (TAA) - Production of relevant material in person","collection_order":151,"collection":598,"post_modified":"2019-03-06 18:18:51","post_date":"2015-10-15 12:12:46"},{"ID":"2815","post_content":"

    48. \u00a0 \u00a0Field audit or criminal investigation<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A SARS official named in an authorisation referred to in section 41<\/a> may require a person, with prior notice of at least 10 business days, to make available at the person\u2019s premises specified in the notice relevant material that the official may require to audit or criminally investigate in connection with the administration of a tax Act in relation to the person or another person.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The notice referred to in subsection (1) must-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 state the place where and the date and time that the audit or investigation is due to start (which must be during normal business hours); and<\/span><\/p>\n

    \u00a0\u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 indicate the initial basis and scope of the audit or investigation.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 SARS is not required to give the notice if the person waives the right to receive the notice.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 If a person at least five business days before the date listed in the notice advances reasonable grounds for varying the notice, SARS may vary the notice accordingly, subject to conditions SARS may impose with regard to preparatory measures for the audit or investigation.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A SARS official may not enter a dwelling-house or domestic premises, except any part thereof used for the purposes of trade, under this section without the consent of the occupant.<\/span><\/p>\n","post_title":"Section 48 (TAA) - Field audit or criminal investigation","collection_order":152,"collection":598,"post_modified":"2019-03-06 18:18:58","post_date":"2015-10-15 12:12:46"},{"ID":"2817","post_content":"

    49. \u00a0 \u00a0Assistance during field audit or criminal investigation<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The person on whose premises an audit or criminal investigation is carried out and any other person on the premises, must provide such reasonable assistance as is required by SARS to conduct the audit or investigation, including-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 making available appropriate facilities, to the extent that such facilities are available;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0answering questions relating to the audit or investigation including, if so required, in the manner referred to in\u00a0section 46<\/a>(7); and<\/span><\/p>\n

    [Paragraph (b) substituted by section 44 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 submitting relevant material as required.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 No person may without just cause-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 obstruct a SARS official from carrying out the audit or investigation; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 refuse to give the accessor assistance as maybe required under subsection(1).<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The person may recover from SARS after completion of the audit or criminal investigation (or, at the person\u2019s request, on a monthly basis) the costs for the use of photocopying facilities in accordance with the fees prescribed in section 92(1)(b) of the Promotion of Access to Information Act.<\/span><\/p>\n","post_title":"Section 49 (TAA) - Assistance during field audit or criminal investigation","collection_order":153,"collection":598,"post_modified":"2019-03-06 18:19:09","post_date":"2015-10-15 12:12:46"},{"ID":"2819","post_content":"

    Part C<\/strong><\/p>\n

    Inquiries<\/strong><\/p>\n","post_title":"Part C - Inquiries (TAA)","collection_order":154,"collection":598,"post_modified":"2019-03-06 18:19:17","post_date":"2015-10-15 12:12:46"},{"ID":"2821","post_content":"

    50. \u00a0 \u00a0Authorisation for inquiry<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A judge may, on application made ex parte<\/em> and authorised by a senior SARS official grant an order in terms of which a person described in section 51<\/a>(3) is designated to act as presiding officer at the inquiry referred to in this section.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An application under subsection (1) must be supported by information supplied under oath or solemn declaration, establishing the facts on which the application is based.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may authorise a person to conduct an inquiry for the purposes of the administration of a tax Act.<\/span><\/p>\n","post_title":"Section 50 (TAA) - Authorisation for inquiry","collection_order":155,"collection":598,"post_modified":"2019-03-06 18:19:28","post_date":"2015-10-15 12:12:46"},{"ID":"2823","post_content":"

    51. \u00a0 \u00a0Inquiry order<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0A judge may grant the order referred to in\u00a0section 50<\/a>(1) if satisfied that there are reasonable grounds to believe that-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0a person has-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0failed to comply with an obligation imposed under a tax Act;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0committed a tax offence; or<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0disposed of, removed or concealed assets which may fully or partly satisfy an outstanding tax debt; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0relevant material is likely to be revealed during the inquiry which may provide proof of the failure to comply, of the commission of the offence or of the disposal, removal or concealment of the assets.<\/span><\/p>\n

    [Subsection (1) substituted by section 45 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0The order referred to in subsection (1) must-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0designate a presiding officer before whom the inquiry is to be held;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0identify the person referred to in subsection (1)(a);<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0refer to the alleged non-compliance, the commission of the offence or the disposal, removal or concealment of assets to be inquired into;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0be reasonably specific as to the ambit of the inquiry; and<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0be provided to the presiding officer.<\/span><\/p>\n

    [Subsection (2) substituted by section 45 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A presiding officer must be a person appointed to the panel described in section 111<\/a>.<\/span><\/p>\n","post_title":"Section 51 (TAA) - Inquiry order","collection_order":156,"collection":598,"post_modified":"2019-03-06 18:19:37","post_date":"2015-10-15 12:12:46"},{"ID":"2825","post_content":"

    52. \u00a0 \u00a0Inquiry proceedings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The presiding officer determines the conduct of the inquiry as the presiding officer thinks fit.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The presiding officer must ensure that the recording of the proceedings and evidence at the inquiry is of a standard that would meet the standard required for the proceedings and evidence to be used in a court of law.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A person has the right to have a representative present when that person appears as a witness before the presiding officer.<\/span><\/p>\n","post_title":"Section 52 (TAA) - Inquiry proceedings","collection_order":157,"collection":598,"post_modified":"2019-03-06 18:19:52","post_date":"2015-10-15 12:12:46"},{"ID":"2827","post_content":"

    53. \u00a0 \u00a0Notice to appear<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The presiding officer may, by notice in writing, require a person, whether or not chargeable to tax, to-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 appear before the inquiry, at the time and place designated in the notice, for the purpose of being examined under oath or solemn declaration, and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 produce any relevant material in the custody of the person.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 If the notice requires the production of relevant material, it is sufficient if the relevant material is referred to in the notice with reasonable specificity.<\/span><\/p>\n","post_title":"Section 53 (TAA) - Notice to appear","collection_order":158,"collection":598,"post_modified":"2019-03-06 18:20:01","post_date":"2015-10-15 12:12:46"},{"ID":"2829","post_content":"

    54. \u00a0 \u00a0Powers of presiding officer<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The presiding officer has the same powers regarding witnesses at the inquiry as are vested in a president of the tax court under sections 127<\/a> and 128<\/a>.<\/p>\n","post_title":"Section 54 (TAA) - Powers of presiding officer","collection_order":159,"collection":598,"post_modified":"2019-03-06 18:20:13","post_date":"2015-10-15 12:12:46"},{"ID":"2831","post_content":"

    55. \u00a0 \u00a0Witness fees<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The presiding officer may direct that a person receive witness fees to attend an inquiry in accordance with the tariffs prescribed in terms of section 51 bis of the Magistrates\u2019 Courts Act, 1944 (Act No. 32 of 1944).<\/p>\n","post_title":"Section 55 (TAA) - Witness fees","collection_order":160,"collection":598,"post_modified":"2019-03-06 19:17:14","post_date":"2015-10-15 12:12:46"},{"ID":"2833","post_content":"

    56. \u00a0 \u00a0Confidentiality of proceedings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 An inquiry under this Part is private and confidential.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The presiding officer may, on request, exclude a person from the inquiry if the person\u2019s attendance is prejudicial to the inquiry.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Section 69<\/a> applies with the necessary changes to persons present at the questioning of a person, including the person being questioned.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 Subject to section 57<\/a>(2), SARS may use evidence given by a person under oath or solemn declaration at an inquiry in a subsequent proceeding involving the person or another person.<\/span><\/p>\n","post_title":"Section 56 (TAA) - Confidentiality of proceedings","collection_order":161,"collection":598,"post_modified":"2019-03-06 19:17:27","post_date":"2015-10-15 12:12:46"},{"ID":"2835","post_content":"

    57. \u00a0 \u00a0Incriminating evidence<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person may not refuse to answer a question during an inquiry on the grounds that it may incriminate the person.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Incriminating evidence obtained under this section is not admissible in criminal proceedings against the person giving the evidence, unless the proceedings relate to-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the administering or taking of an oath or the administering or making of a solemn declaration;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the giving of false evidence or the making of a false statement; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the failure to answer questions lawfully put to the person, fully and satisfactorily.<\/span><\/p>\n","post_title":"Section 57 (TAA) - Incriminating evidence","collection_order":162,"collection":598,"post_modified":"2019-03-06 19:28:10","post_date":"2015-10-15 12:12:46"},{"ID":"2837","post_content":"

    58. \u00a0 \u00a0Inquiry not suspended by civil or criminal proceedings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    Unless a court orders otherwise, an inquiry relating to a person referred to in section 51<\/a>(1)(a) must proceed despite the fact that a civil or criminal proceeding is pending or contemplated against or involves the person, a witness or potential witness in the inquiry, or another person whose affairs may be investigated in the course of the inquiry.<\/p>\n","post_title":"Section 58 (TAA) - Inquiry not suspended by civil or criminal proceedings","collection_order":163,"collection":598,"post_modified":"2019-03-06 19:28:22","post_date":"2015-10-15 12:12:46"},{"ID":"2839","post_content":"

    Part D<\/strong><\/p>\n

    Search and seizure<\/strong><\/p>\n","post_title":"Part D - Search and seizure (TAA)","collection_order":164,"collection":598,"post_modified":"2019-03-06 19:28:31","post_date":"2015-10-15 12:12:46"},{"ID":"2841","post_content":"

    59. \u00a0 \u00a0Application for warrant<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may, if necessary or relevant to administer a tax Act, authorise an application for a warrant under which SARS may enter a premises where relevant material is kept to search the premises and any person present on the premises and seize relevant material.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS must apply ex parte<\/em> to a judge for the warrant, which application must be supported by information supplied under oath or solemn declaration, establishing the facts on which the application is based.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Despite subsection (2), SARS may apply for the warrant referred to in subsection (1) and in the manner referred to in subsection (2), to a magistrate, if the matter relates to an audit or investigation where the estimated tax in dispute does not exceed the amount determined in the notice issued under section 109<\/a>(1)(a).<\/span><\/p>\n","post_title":"Section 59 (TAA) - Application for warrant","collection_order":165,"collection":598,"post_modified":"2019-03-06 19:28:41","post_date":"2015-10-15 12:12:46"},{"ID":"2843","post_content":"

    60. \u00a0 \u00a0Issuance of warrant<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A judge or magistrate may issue the warrant referred to in section 59<\/a>(1) if satisfied that there are reasonable grounds to believe that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a person failed to comply with an obligation imposed under a tax Act, or committed a tax offence; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 relevant material likely to be found on the premises specified in the application may provide evidence of the failure to comply or commission of the offence.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A warrant issued under subsection (1) must contain the following:<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the alleged failure to comply or offence that is the basis for the application;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the person alleged to have failed to comply or to have committed the offence;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the premises to be searched; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the fact that relevant material as defined in section 1<\/a> is likely to be found on the premises.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The warrant must be exercised within 45 business days or such further period as a judge or magistrate deems appropriate on good cause shown.<\/span><\/p>\n","post_title":"Section 60 (TAA) - Issuance of warrant","collection_order":166,"collection":598,"post_modified":"2019-03-06 19:29:35","post_date":"2015-10-15 12:12:46"},{"ID":"2845","post_content":"

    61. \u00a0 \u00a0Carrying out search<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1) \u00a0 \u00a0 A SARS official exercising a power under a warrant referred to in section 60<\/a> must produce the warrant, and if the owner or person in control of the premises is not present, the SARS official must affix a copy of the warrant to the premises in a prominent and visible place.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Subject to section 63<\/a>, a SARS official\u2019s failure to produce a warrant entitles a person to refuse access to the official.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The SARS official may-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 open or cause to be opened or removed in conducting a search, anything which the official suspects to contain relevant material;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 seize any relevant material;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 seize and retain a computer or storage device in which relevant material is stored for as long as it is necessary to copy the material required;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 make extracts from or copies of relevant material, and require from a person an explanation of relevant material; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 if the premises listed in the warrant is a vessel, aircraft or vehicle, stop and board the vessel, aircraft or vehicle, search the vessel, aircraft or vehicle or a person found in the vessel, aircraft or vehicle, and question the person with respect to a matter dealt with in a tax Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The SARS official must make an inventory of the relevant material seized in the form, manner and at the time that is reasonable under the circumstances and provide a copy thereof to the person.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 The SARS official must conduct the search with strict regard for decency and order, and may search a person if the official is of the same gender as the person being searched.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 The SARS official may, at any time, request such assistance from a police officer as the official may consider reasonably necessary and the police officer must render the assistance.<\/span><\/p>\n

    \u00a0<\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 No person may obstruct a SARS official or a police officer from executing the warrant or without reasonable excuse refuse to give such assistance as may be reasonably required for the execution of the warrant.<\/span><\/p>\n

    \u00a0<\/p>\n

    (8)\u00a0\u00a0\u00a0\u00a0 If the SARS official seizes relevant material, the official must ensure that the relevant material seized is preserved and retained until it is no longer required for-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the investigation into the non-compliance or the offence described under section 60<\/a>(1)(a);or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the conclusion of any legal proceedings under a tax Act or criminal proceedings in which it is required to be used.<\/span><\/p>\n","post_title":"Section 61 (TAA) - Carrying out search","collection_order":167,"collection":598,"post_modified":"2019-03-06 19:29:45","post_date":"2015-10-15 12:12:46"},{"ID":"2847","post_content":"

    62. \u00a0 \u00a0Search of premises not identified in warrant<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If a senior SARS official has reasonable grounds to believe that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the relevant material referred to in section 60<\/a>(1)(b) and included in a warrant is at premises not identified in the warrant and may be removed or destroyed;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a warrant cannot be obtained in time to prevent the removal or destruction of the relevant material; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the delay in obtaining a warrant would defeat the object of the search and seizure,<\/span><\/p>\n

    \u00a0<\/p>\n

    a SARS official may enter and search the premises and exercise the powers granted in terms of this Part, as if the premises had been identified in the warrant.<\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A SARS official may not enter a dwelling-house or domestic premises, except any part thereof used for purposes of trade, under this section without the consent of the occupant.<\/span><\/p>\n","post_title":"Section 62 (TAA) - Search of premises not identified in warrant","collection_order":168,"collection":598,"post_modified":"2019-03-06 19:30:08","post_date":"2015-10-15 12:12:46"},{"ID":"2849","post_content":"

    63. \u00a0 \u00a0Search without warrant<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may without a warrant exercise the powers referred to in section 61<\/a>(3)-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 if the owner or person in control of the premises so consents in writing; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 if the senior SARS official on reasonable grounds is satisfied that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 there may be an imminent removal or destruction of relevant material likely to be found on the premises;<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 if SARS applies for a search warrant under section 59<\/a>, a search warrant will be issued; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (iii)\u00a0\u00a0\u00a0 the delay in obtaining a warrant would defeat the object of the search and seizure.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A SARS official must, before carrying out the search, inform the owner or person in control of the premises-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 that the search is being conducted under this section; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 of the alleged failure to comply with an obligation imposed under a tax Act or tax offence that is the basis for the search.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Section 61<\/a>(4) to (8) applies to a search conducted under this section.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A SARS official may not enter a dwelling-house or domestic premises, except any part thereof used for purposes of trade, under this section without the consent of the occupant.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5) \u00a0 \u00a0 If the owner or person in control of the premises is not present, the SARS official must inform such person of the circumstances referred to in subsection (2) as soon as reasonably possible after the execution of the search and seizure.<\/span><\/p>\n","post_title":"Section 63 (TAA) - Search without warrant","collection_order":169,"collection":598,"post_modified":"2019-03-06 19:30:25","post_date":"2015-10-15 12:12:46"},{"ID":"2851","post_content":"

    64. \u00a0 \u00a0Legal professional privilege<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If SARS foresees the need to search and seize relevant material that may be alleged to be subject to legal professional privilege, SARS must arrange for a legal practitioner from the panel appointed under section 111<\/a> to be present during the execution of the warrant.<\/span><\/p>\n

    [Subsection (1) substituted by section 31 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0A legal practitioner with whom SARS has made an arrangement in terms of subsection (1) may appoint a substitute legal practitioner to be present on the appointing legal practitioner\u2019s behalf during the execution of a warrant.<\/span><\/p>\n

    [Subsection (2) substituted by section 31 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0\u00a0If, during the carrying out of a search and seizure by SARS, a person alleges the existence of legal professional privilege in respect of relevant material and a legal practitioner is not present under subsection (1) or (2), SARS must seal the material, make arrangements with a legal practitioner from the panel appointed under section 111<\/a> to take receipt of the material and, as soon as is reasonably possible, hand over the material to the legal practitioner.<\/span><\/p>\n

    [Subsection (3) substituted by section 31 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0\u00a0A legal practitioner referred to in subsections (1), (2) and (3)-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 is not regarded as acting on behalf of either party\u037e and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 must personally take responsibility-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a warrant issued under section 60, for the removal from the premises of relevant material in respect of which legal privilege is alleged\u037e<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a search and seizure carried out under section 63<\/a>, for the receipt of the sealed information\u037e and<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0\u00a0if a substitute legal practitioner in terms of subsection (2), for the delivery of the information to the appointing legal practitioner for purposes of making the determination referred to in subsection (5).<\/span><\/p>\n

    [Subsection (4) substituted by section 31 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 The legal practitioner referred to in subsection (1) or (3) must, within 21 business days, make a determination of whether the privilege applies and may do so in the manner the legal practitioner deems fit, including considering representations made by the parties.<\/span><\/p>\n

    [Subsection (5) substituted by section 31 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0\u00a0If a determination of whether the privilege applies is not made under subsection (5) or a party is not satisfied with the determination, the legal practitioner must retain the relevant material pending final resolution of the dispute by the parties or an order of court.<\/span><\/p>\n

    [Subsection (6) substituted by section 31 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0\u00a0The legal practitioner from the panel appointed under section 111<\/a> and any legal practitioner acting on behalf of that legal practitioner referred to in subsection (1) must be compensated in the same manner as if acting as Chairperson of the tax board.<\/span><\/p>\n

    [Subsection (7) substituted by section 31 of Act 33 of 2019]<\/span><\/p>\n","post_title":"Section 64 (TAA) - Legal professional privilege","collection_order":170,"collection":598,"post_modified":"2021-02-20 20:15:22","post_date":"2015-10-15 12:12:46"},{"ID":"2853","post_content":"

    65. \u00a0 \u00a0Person\u2019s right to examine and make copies<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The person to whose affairs relevant material seized relates, may examine and copy it.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Examination and copying must be made-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 at the person\u2019s cost in accordance with the fees prescribed in accordance with section 92(1)(b) of the Promotion of Access to Information Act;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 during normal business hours; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 under the supervision determined by a senior SARS official.<\/span><\/p>\n","post_title":"Section 65 (TAA) - Person's right to examine and make copies","collection_order":171,"collection":598,"post_modified":"2019-03-06 19:31:14","post_date":"2015-10-15 12:12:46"},{"ID":"2855","post_content":"

    66. \u00a0 \u00a0Application for return of seized relevant material or costs of damages<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person may request SARS to-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 return some or all of the seized material; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 pay the costs of physical damage caused during the conduct of a search and seizure.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 If SARS refuses the request, the person may apply to a High Court for the return of the seized material or payment of compensation for physical damage caused during the conduct of the search and seizure.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The court may, on good cause shown, make the order as it deems fit.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 If the court sets aside the warrant issued in terms of section 60<\/a>(1) or orders the return of the seized material, the court may nevertheless authorise SARS to retain the original or a copy of any relevant material in the interests of justice.<\/span><\/p>\n","post_title":"Section 66 (TAA) - Application for return of seized relevant material or costs of damages","collection_order":172,"collection":598,"post_modified":"2019-03-06 19:31:22","post_date":"2015-10-15 12:12:46"},{"ID":"2857","post_content":"

    CHAPTER 6<\/strong><\/p>\n

    CONFIDENTIALITY OF INFORMATION<\/strong><\/p>\n","post_title":"Chapter 6 - Confidentiality of information (TAA)","collection_order":173,"collection":598,"post_modified":"2019-03-06 19:31:31","post_date":"2015-10-15 12:12:46"},{"ID":"2859","post_content":"

    67. \u00a0 \u00a0General prohibition of disclosure<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 This Chapter applies to-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 SARS confidential information as referred to in section 68<\/a>(1); and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 taxpayer information, which means any information provided by a taxpayer or obtained by SARS in respect of the taxpayer, including biometric information.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An oath or solemn declaration undertaking to comply with the requirements of this Chapter in the prescribed form, must be taken before a magistrate, justice of the peace or commissioner of oaths by-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a SARS official and the Tax Ombud, before commencing duties or exercising any powers under a tax Act; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a person referred to in section 70<\/a> who performs any function referred to in that section, before the disclosure described in that section may be made.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 In the event of the disclosure of SARS confidential information or taxpayer information contrary to this Chapter, the person to whom it was so disclosed may not in any manner disclose, publish or make it known to any other person who is not a SARS official.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A person who receives information under section 68<\/a>, 69<\/a>, 70<\/a> or 71<\/a>, must preserve the secrecy of the information and may only disclose the information to another person if the disclosure is necessary to perform the functions specified in those sections.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 The Commissioner may, for purposes of protecting the integrity and reputation of SARS as an organisation and after giving the taxpayer at least 24 hours\u2019 notice, disclose taxpayer information to the extent necessary to counter or rebut false allegations or information disclosed by the taxpayer, the taxpayer\u2019s duly authorised representative or other person acting under the instructions of the taxpayer and published in the media or in any other manner.<\/span><\/p>\n","post_title":"Section 67 (TAA) - General prohibition of disclosure","collection_order":174,"collection":598,"post_modified":"2019-03-06 19:31:39","post_date":"2015-10-15 12:12:46"},{"ID":"2861","post_content":"

    68. \u00a0 \u00a0SARS confidential information and disclosure<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS confidential information means information relevant to the administration of a tax Act that is-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 personal information about a current or former SARS official, whether deceased or not;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 information subject to legal professional privilege vested in SARS;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 information that was supplied in confidence by a third party to SARS the disclosure of which could reasonably be expected to prejudice the future supply of similar information, or information from the same source;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 information related to investigations and prosecutions described in section 39 of the Promotion of Access to Information Act;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 information related to the operations of SARS, including an opinion, advice, report, recommendation or an account of a consultation, discussion or deliberation that has occurred, if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 the information was given, obtained or prepared by or for SARS for the purpose of assisting to formulate a policy or take a decision in the exercise of a power or performance of a duty conferred or imposed by law; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the disclosure of the information could reasonably be expected to frustrate the deliberative process in SARS or between SARS and other organs of state by-<\/span><\/p>\n

    \u00a0<\/p>\n

    (aa) \u00a0 inhibiting the candid communication of an opinion, advice, report or recommendation or conduct of a consultation, discussion or deliberation; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (bb)\u00a0\u00a0 frustrating the success of a policy or contemplated policy by the premature disclosure thereof;<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 information about research being or to be carried out by or on behalf of SARS, the disclosure of which would be likely to prejudice the outcome of the research;<\/span><\/p>\n

    \u00a0<\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0 information, the disclosure of which could reasonably be expected to prejudice the economic interests or financial welfare of the Republic or the ability of the government to manage the economy of the Republic effectively in the best interests of the Republic, including a contemplated change or decision to change a tax or a duty, levy, penalty, interest and similar moneys imposed under a tax Act or the Customs and Excise Act;<\/span><\/p>\n

    \u00a0\u00a0<\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0 information supplied in confidence by or on behalf of another state or an international organisation to SARS;<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 a computer program, as defined in section 1(1) of the Copyright Act, 1978 (Act No. 98 of 1978), owned by SARS;<\/span><\/p>\n

    \u00a0<\/p>\n

    (j)\u00a0\u00a0\u00a0\u00a0\u00a0 information relating to the security of SARS buildings, property, structures or systems; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (k)\u00a0\u00a0\u00a0\u00a0 information relating to the verification or audit selection procedure or method used by SARS, the\u00a0\u00a0 disclosure of which could reasonably be expected to jeopardise the effectiveness thereof.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A person who is a current or former SARS official-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 may not disclose SARS confidential information to a person who is not a SARS official;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 may not disclose SARS confidential information to a SARS official who is not authorised to have access to the information; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 must take the precautions that may be required by the Commissioner to prevent a person referred to in paragraph (a) or (b) from obtaining access to the information.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A person who is a SARS official or former SARS official may disclose SARS confidential information if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the information is public information;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 authorised by the Commissioner;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 disclosure is authorised under any other Act which expressly provides for the disclosure of the information despite the provisions in this Chapter;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 access has been granted for the disclosure of the information in terms of the Promotion of Access to Information Act; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 required by order of a High Court.<\/span><\/p>\n","post_title":"Section 68 (TAA) - SARS confidential information and disclosure","collection_order":175,"collection":598,"post_modified":"2019-03-06 19:31:49","post_date":"2015-10-15 12:12:46"},{"ID":"2863","post_content":"

    69. \u00a0 \u00a0Secrecy of taxpayer information and general disclosure<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person who is a current or former SARS official must preserve the secrecy of taxpayer information and may not disclose taxpayer information to a person who is not a SARS official.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Subsection (1) does not prohibit the disclosure of taxpayer information by a person who is a current or former SARS official-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0in the course of performance of duties under a tax Act or customs and excise legislation such as-<\/span><\/p>\n

    [Words preceding\u00a0subparagraph (i) substituted by section 47 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 to the South African Police Service or the National Prosecuting Authority, if the information relates to, and constitutes material information for the proving of, a tax offence;<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 as a witness in civil or criminal proceedings under a tax Act; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (iii)\u00a0\u00a0\u00a0 the taxpayer information necessary to enable a person to provide such information as may be required by SARS from that person;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 under any other Act which expressly provides for the disclosure of the information despite the provisions in this Chapter;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 by order of a High Court; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 if the information is public information.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 An application to the High Court for the order referred to in subsection (2)(c) requires prior notice to SARS of at least 15 business days unless the court, based on urgency, allows a shorter period.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 SARS may oppose the application on the basis that the disclosure may seriously prejudice the taxpayer concerned or impair a civil or criminal tax investigation by SARS.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 The court may not grant the order unless satisfied that the following circumstances apply:<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the information cannot be obtained elsewhere;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the primary mechanisms for procuring evidence under an Act or rule of court will yield or yielded no or disappointing results;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the information is central to the case; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the information does not constitute biometric information.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 Subsection (1) does not prohibit the disclosure of information-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 to the taxpayer; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 with the written consent of the taxpayer, to another person.<\/span><\/p>\n

    \u00a0<\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 Biometric information of a taxpayer may not be disclosed by SARS except under the circumstances described in subsection (2)(a)(i).<\/span><\/p>\n

    \u00a0<\/p>\n

    (8)\u00a0\u00a0\u00a0\u00a0 The Commissioner may, despite the provisions of this section, disclose-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the name and taxpayer reference number of a taxpayer;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0a list of-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0pension funds, pension preservation funds, provident funds, provident preservation funds and retirement annuity funds as defined in\u00a0section 1<\/a>(1) of the Income Tax Act; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0organisations approved under sections 18A<\/a> and 30<\/a> of the Income Tax Act and the type of approval;<\/span><\/span><\/p>\n

    [Subparagraph (ii)\u00a0substituted by\u00a0section\u00a026\u00a0of\u00a0Act 18 of 2023]<\/span><\/p>\n

    [Pararagraph (b)\u00a0substituted by\u00a0section 53\u00a0of\u00a0Act 16 of 2016]\u00a0<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the name and tax practitioner registration number of a registered tax practitioner; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 taxpayer information in an anonymised form.<\/span><\/p>\n","post_title":"Section 69 (TAA) - Secrecy of taxpayer information and general disclosure","collection_order":176,"collection":598,"post_modified":"2024-02-01 21:44:42","post_date":"2015-10-15 12:12:46"},{"ID":"2865","post_content":"

    70. \u00a0 \u00a0Disclosure to other entities<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may provide to the Director-General of the National Treasury taxpayer information or SARS confidential information in respect of-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a taxpayer which is an-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 institution referred to in section 3(1) of the Public Finance Management Act, 1999 (Act No. 1 of 1999); or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 entity referred to in section 3 of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003),<\/span><\/p>\n

    <\/p>\n

    to the extent necessary for the Director-General to perform the functions and exercise the powers of the National Treasury under those Acts; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a class of taxpayers to the extent necessary for the purposes of tax policy design or revenue estimation.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may disclose to-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the Statistician-General the taxpayer information as may be required for the purpose of carrying out the Statistician-General\u2019s duties to publish statistics in an anonymous form;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the Chairperson of the Board administering the National Student Financial Aid Scheme, the name and address of the employer of a person to whom a loan or bursary has been granted under that scheme, for use in performing the Chairperson\u2019s functions under the National Student Financial Aid Scheme Act, 1999 (Act No. 56 of 1999);<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 a commission of inquiry established by the President of the Republic of South Africa under a law of the Republic, the information to which the Commission is authorised by law to have access;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 to an employer (as defined in the Fourth Schedule to the Income Tax Act) of an employee (as defined in the Fourth Schedule), but only the income tax reference number, identity number, physical and postal address of that employee and such other non-financial information in relation to that employee, as that employer may require in order to comply with its obligations in terms of a tax Act; and<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 a recognised controlling body (as defined in section 239) of a registered tax practitioner, such information in relation to the tax practitioner as may be required to verify that sections 240A(2)(a) and 240A(3) are being given effect to.<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 the Department of Labour, the name and contact details of all employers registered for employees\u2019 tax and eligible to receive the employment tax incentive in terms of section 2 of the Employment Tax Incentive Act, 2013.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may disclose to-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0the Governor of the South African Reserve Bank, or other person to whom the Minister delegates powers, functions and duties under the Regulations issued under section 9 of the Currency and Exchange Act, 1933 (Act 9 of 1933), the information as may be required to exercise a power or perform a function or duty under the South African Reserve Bank Act, 1989 (Act 90 of 1989), or those Regulations;<\/span><\/p>\n

    [Paragraph (a)\u00a0substituted by\u00a0section\u00a025\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (b) the Financial Sector Conduct Authority, the information as may be required for the purpose of carrying out the Financial Sector Conduct Authority\u2019s duties and functions under the Financial Sector Regulation Act, 2017 (Act 9 of 2017);<\/span><\/p>\n

    [Paragraph (b<\/em>)\u00a0substituted by\u00a0section 18(1)\u00a0of\u00a0Act 22 of 2018\u00a0effective on 1 April 2018.]<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0the Financial Intelligence Centre, the information as may be required for the purpose of carrying out the Centre\u2019s duties and functions under the Financial Intelligence Centre Act, 2001 (Act 38 of 2001);<\/span><\/span><\/p>\n

    [Paragraph (c)\u00a0amended by\u00a0section\u00a027(a)\u00a0of\u00a0Act\u00a018 of 2023]<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0the National Credit Regulator, the information as may be required for the purpose of carrying out the Regulator\u2019s duties and functions under the National Credit Act, 2005 (Act 34 of 2005); and<\/span><\/span><\/p>\n

    [Paragraph (d)\u00a0amended by\u00a0section\u00a027(b)\u00a0of\u00a0Act\u00a018 of 2023]<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0the Companies and Intellectual Property Commission, the information as may be required for the purpose of carrying out the Commission\u2019s duties and functions under the Companies Act, 2008 (Act 71 of 2008);<\/span><\/p>\n

    [Paragraph (e)\u00a0added by\u00a0section\u00a027(c)\u00a0of\u00a0Act\u00a018 of 2023]<\/span><\/p>\n


    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the Directorate for Nonprofit Organisations, the information as may be required for the purpose of carrying out the Directorate\u2019s duties and functions under the Nonprofit Organisations Act, 1997 (Act 71 of 1997); and<\/span><\/span><\/p>\n

    [Paragraph (f)\u00a0added by\u00a0section\u00a027(c)\u00a0of\u00a0Act\u00a018 of 2023]<\/span><\/p>\n


    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0\u00a0the Master as defined in section 1 of the Trust Property Control Act, 1988 (Act 57 of 1988), the information as may be required for the purpose of carrying out the Master\u2019s duties and functions under that Act.<\/span><\/span><\/p>\n

    [Paragraph (g)\u00a0added by\u00a0section\u00a027(c)\u00a0of\u00a0Act\u00a018 of 2023]<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may disclose to an organ of state or institution listed in a regulation issued by the Minister under section 257<\/a>, information to which the organ of state or institution is otherwise lawfully entitled to and for the purposes only of verifying the correctness of the following particulars of a taxpayer:<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 name and taxpayer reference number;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 any identifying number;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 physical and postal address and other contact details;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 employer\u2019s name, address and contact details; and<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 other non-financial information as the organ of state or institution may require for purposes of verifying paragraphs (a) to (d).<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0\u00a0The information disclosed under subsection (1), (2) or (3) may only be disclosed by SARS or the persons or entities referred to in subsection (1), (2) or (3) to the extent that it is-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0necessary for the purpose of exercising a power or performing a regulatory function or duty under the legislation referred to in subsection (1), (2) or (3); and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0relevant and proportionate to what the disclosure is intended to achieve as determined under the legislation.<\/span><\/p>\n

    [Subsection (5) substituted by section 48 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 SARS must allow the Auditor-General to have access to information in the possession of SARS that relates to the performance of the Auditor-General\u2019s duties under section 4 of the Public Audit Act, 2004 (Act No. 25 of 2004).<\/span><\/p>\n

    <\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 Despite subsections (1) to (5), a senior SARS official may not disclose information under this section if satisfied that the disclosure would seriously impair a civil or criminal tax investigation.<\/span><\/p>\n","post_title":"Section 70 (TAA) - Disclosure to other entities","collection_order":177,"collection":598,"post_modified":"2024-01-20 20:36:13","post_date":"2015-10-15 12:12:46"},{"ID":"2867","post_content":"

    71. \u00a0 \u00a0Disclosure in criminal, public safety or environmental matters<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If so ordered by a judge under this section, a senior SARS official must disclose the information described in subsection (2) to-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the National Commissioner of the South African Police Service, referred to in section 6(1) of the South African Police Service Act, 1995 (Act No. 68 of 1995); or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the National Director of Public Prosecutions, referred to in section 5(2)(a) of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998).<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Subsection (1) applies to information which may reveal evidence-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 that an offence (other than a tax offence) has been or may be committed in respect of which a court may impose a sentence of imprisonment exceeding five years;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 that may be relevant to the investigation or prosecution of the offence; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 of an imminent and serious public safety or environmental risk.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may, if of the opinion that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 SARS has information referred to in subsection (2);<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the information will likely be material to the prosecution of the offence or avoidance of the risk; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the disclosure of the information would not seriously impair a civil or criminal tax investigation,<\/span><\/p>\n

    \u00a0<\/p>\n

    make an ex parte<\/em> application to a judge in chambers for an order authorising SARS to disclose the information under subsection (1).<\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The National Commissioner of the South African Police Service, the National Director of Public Prosecutions or a person acting under their respective direction and control, if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 carrying out an investigation relating to an offence or a public safety or environmental risk referred to in subsection (2); and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 of the opinion that SARS may have information that is relevant to that investigation,<\/span><\/p>\n

    \u00a0<\/p>\n

    may make an ex parte<\/em> application to a judge in chambers for an order requiring SARS to disclose the information referred to in subsection (2).<\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 SARS must be given prior notice of at least 10 business days of an application under subsection (4) unless the judge, based on urgency, allows a shorter period and SARS may oppose the application on the basis that the disclosure would seriously impair or prejudice a civil or criminal tax investigation or other enforcement of a tax Act by SARS.<\/span><\/p>\n","post_title":"Section 71 (TAA) - Disclosure in criminal, public safety or environmental matters","collection_order":178,"collection":598,"post_modified":"2019-03-06 19:32:15","post_date":"2015-10-15 12:12:46"},{"ID":"2869","post_content":"

    72. \u00a0 \u00a0Self-incrimination<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A taxpayer may not refuse to comply with his or her obligations in terms of legislation to complete and file a return or an application on the grounds that to do so might incriminate him or her, and an admission by the taxpayer contained in a return, application, or other document submitted to SARS by a taxpayer is admissible in criminal proceedings against the taxpayer for a tax offence, unless a competent court directs otherwise.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An admission by the taxpayer of the commission of a tax offence obtained from a taxpayer under Chapter 5<\/a> is not admissible in criminal proceedings against the taxpayer, unless a competent court directs otherwise.<\/span><\/p>\n","post_title":"Section 72 (TAA) - Self-incrimination","collection_order":179,"collection":598,"post_modified":"2019-03-06 19:32:24","post_date":"2015-10-15 12:12:46"},{"ID":"2871","post_content":"

    73. \u00a0 \u00a0Disclosure to taxpayer of own record<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A taxpayer or the taxpayer\u2019s duly authorised representative is entitled to obtain-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a copy, certified by SARS, of the recorded particulars of an assessment or decision referred to in section 104<\/a>(2) relating to the taxpayer;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 access to information submitted to SARS by the taxpayer or by a person on the taxpayer\u2019s behalf;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 information, other than SARS confidential information, on which the taxpayer\u2019s assessment is based; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 other information relating to the tax affairs of the taxpayer.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A request for information under subsection (1)(d) must be made under the Promotion of Access to Information Act.<\/span><\/p>\n","post_title":"Section 73 (TAA) - Disclosure to taxpayer of own record","collection_order":180,"collection":598,"post_modified":"2019-03-06 19:32:31","post_date":"2015-10-15 12:12:45"},{"ID":"2873","post_content":"

    74. \u00a0 \u00a0Publication of names of offenders<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Commissioner may publish for general information the particulars specified in subsection (2), relating to a tax offence committed by a person, if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the person was convicted of the offence; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 all appeal or review proceedings relating to the offence have been completed or were not instituted within the period allowed.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The publication referred to in subsection (1) may specify-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the name and area of residence of the offender;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 any particulars of the offence that the Commissioner thinks fit; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the particulars of the fine or sentence imposed.<\/span><\/p>\n","post_title":"Section 74 (TAA) - Publication of names of offenders","collection_order":181,"collection":598,"post_modified":"2019-03-06 19:32:40","post_date":"2015-10-15 12:12:45"},{"ID":"2875","post_content":"

    CHAPTER 7<\/strong><\/p>\n

    ADVANCE RULINGS<\/strong><\/p>\n","post_title":"Chapter 7 - Advance rulings (TAA)","collection_order":182,"collection":598,"post_modified":"2019-03-06 19:32:49","post_date":"2015-10-15 12:12:45"},{"ID":"2877","post_content":"

    75. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    In this Chapter, unless the context indicates otherwise, the following terms, if in single quotation marks, have the following meanings:<\/p>\n","post_title":"Section 75 (TAA) - Definitions","collection_order":183,"collection":598,"post_modified":"2019-03-06 19:32:57","post_date":"2015-10-15 12:12:45"},{"ID":"2879","post_content":"

    \u2018advance ruling\u2019<\/strong> means a \u2018binding general ruling\u2019, a \u2018binding private ruling\u2019 or a \u2018binding class ruling\u2019;<\/p>\n","post_title":"\"Advance ruling\" definition of section 75 of TAA","collection_order":184,"collection":598,"post_modified":"2017-05-26 11:08:49","post_date":"2015-10-15 12:12:45"},{"ID":"2881","post_content":"

    \u2018applicant\u2019<\/strong> means a person who submits an \u2018application\u2019 for a \u2018binding private ruling\u2019 or a \u2018binding class ruling\u2019;<\/p>\n","post_title":"\"Applicant\" definition of section 75 of TAA","collection_order":185,"collection":598,"post_modified":"2017-05-26 11:08:54","post_date":"2015-10-15 12:12:45"},{"ID":"2883","post_content":"

    \u2018application\u2019<\/strong> means an application for a \u2018binding private ruling\u2019 or a \u2018binding class ruling\u2019;<\/p>\n","post_title":"\"Application\" definition of section 75 of TAA","collection_order":186,"collection":598,"post_modified":"2017-05-26 11:08:57","post_date":"2015-10-15 12:12:45"},{"ID":"2885","post_content":"

    \u2018binding class ruling\u2019<\/strong> means a written statement issued by SARS regarding the application of a tax Act to a specific \u2018class\u2019 of persons in respect of a \u2018proposed transaction\u2019;<\/p>\n","post_title":"\"Binding class ruling\" definition of section 75 of TAA","collection_order":187,"collection":598,"post_modified":"2017-05-26 11:09:04","post_date":"2015-10-15 12:12:45"},{"ID":"2887","post_content":"

    \u2018binding effect\u2019<\/strong> means the requirement that SARS interpret or apply the applicable tax Act in accordance with an \u2018advance ruling\u2019 under section 82<\/a>;<\/p>\n","post_title":"\"Binding effect\" definition of section 75 of TAA","collection_order":188,"collection":598,"post_modified":"2017-05-26 11:09:07","post_date":"2015-10-15 12:12:45"},{"ID":"2889","post_content":"

    \u2018binding general ruling\u2019<\/strong> means a written statement issued by a senior SARS official under section 89<\/a> regarding the interpretation of a tax Act or the application of a tax Act to the stated facts and circumstances;<\/p>\n","post_title":"\"Binding general ruling\" definition of section 75 of TAA","collection_order":189,"collection":598,"post_modified":"2017-05-26 11:09:12","post_date":"2015-10-15 12:12:45"},{"ID":"2891","post_content":"

    \u2018binding private ruling\u2019<\/strong> means a written statement issued by SARS regarding the application of a tax Act to one or more parties to a \u2018proposed transaction\u2019, in respect of the \u2018transaction\u2019;<\/p>\n","post_title":"\"Binding private ruling\" definition of section 75 of TAA","collection_order":190,"collection":598,"post_modified":"2017-05-26 11:09:15","post_date":"2015-10-15 12:12:45"},{"ID":"2893","post_content":"

    \u2018class\u2019<\/strong> means-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 shareholders, members, beneficiaries or the like in respect of a company, association, pension fund, trust, or the like; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a group of persons, that may be unrelated and-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 are similarly affected by the application of a tax Act to a \u2018proposed transaction\u2019; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 agree to be represented by an \u2018applicant\u2019;<\/span><\/p>\n","post_title":"\"Class\" definition of section 75 of TAA","collection_order":191,"collection":598,"post_modified":"2017-06-23 13:05:39","post_date":"2015-10-15 12:12:45"},{"ID":"2895","post_content":"

    \u2018class member\u2019<\/strong> and \u2018class members\u2019<\/strong> means a member or members of the \u2018class\u2019 to which a \u2018binding class ruling\u2019 applies;<\/p>\n","post_title":"\"Class members\" definition of section 75 of TAA","collection_order":192,"collection":598,"post_modified":"2017-05-26 11:09:27","post_date":"2015-10-15 12:12:45"},{"ID":"2897","post_content":"

    \u2018non-binding private opinion\u2019<\/strong> means informal guidance issued by SARS in respect of the tax treatment of a particular set of facts and circumstances or \u2018transaction\u2019, but which does not have a \u2018binding effect\u2019 within the meaning of section 88<\/a>;<\/p>\n","post_title":"\"Non-binding private opinion\" definition of section 75 of TAA","collection_order":193,"collection":598,"post_modified":"2017-05-26 11:09:30","post_date":"2015-10-15 12:12:45"},{"ID":"2899","post_content":"

    \u2018proposed transaction\u2019<\/strong> means a \u2018transaction\u2019 that an \u2018applicant\u2019 proposes to undertake, but has not agreed to undertake, other than by way of an agreement that is subject to a suspensive condition or is otherwise not binding; and<\/p>\n","post_title":"\"Proposed transaction\" definition of section 75 of TAA","collection_order":194,"collection":598,"post_modified":"2017-05-26 11:09:34","post_date":"2015-10-15 12:12:45"},{"ID":"2902","post_content":"

    \u2018transaction\u2019<\/strong> means any transaction, deal, business, arrangement, operation or scheme and includes a series of transactions.<\/p>\n","post_title":"\"Transaction\" definition of section 75 of TAA","collection_order":195,"collection":598,"post_modified":"2017-05-26 11:09:39","post_date":"2015-10-15 12:12:45"},{"ID":"2904","post_content":"

    76. \u00a0 \u00a0Purpose of advance rulings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The purpose of the \u2018advance ruling\u2019 system is to promote clarity, consistency and certainty regarding the interpretation and application of a tax Act by creating a framework for the issuance of \u2018advance rulings\u2019.<\/p>\n","post_title":"Section 76 (TAA) - Purpose of advance rulings","collection_order":196,"collection":598,"post_modified":"2019-03-06 19:33:16","post_date":"2015-10-15 12:12:45"},{"ID":"2906","post_content":"

    77. \u00a0 \u00a0Scope of advance rulings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    SARS may make an \u2018advance ruling\u2019 on any provision of a tax Act.<\/p>\n","post_title":"section 77 (TAA) - Scope of advance rulings","collection_order":197,"collection":598,"post_modified":"2019-03-06 19:33:26","post_date":"2015-10-15 12:12:45"},{"ID":"2908","post_content":"

    78. \u00a0 \u00a0Private rulings and class rulings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS may issue a \u2018binding private ruling\u2019 upon \u2018application\u2019 by a person in accordance with section 79<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS may issue a \u2018binding class ruling\u2019 upon \u2018application\u2019 by a person in accordance with section 79<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 SARS may make a \u2018binding private ruling\u2019 or \u2018binding class ruling\u2019 subject to the conditions and assumptions as may be prescribed in the ruling.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 SARS must issue the ruling to the \u2018applicant\u2019 at the address shown in the \u2018application\u2019 unless the \u2018applicant\u2019 provides other instructions, in writing, before the ruling is issued.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A \u2018binding private ruling\u2019 or \u2018binding class ruling\u2019 may be issued in the prescribed form and manner, must be signed by a senior SARS official and must contain the following:<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a statement identifying it as a \u2018binding private ruling\u2019 or as a \u2018binding class ruling\u2019 made under this section;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the name, tax reference number (if applicable), and postal address of the \u2018applicant\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 in the case of a \u2018binding class ruling\u2019, a list or a description of the affected \u2018class members\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the relevant statutory provisions or legal issues;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 a description of the \u2018proposed transaction\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 any assumptions made or conditions imposed by SARS in connection with the validity of the ruling;<\/span><\/p>\n

    \u00a0<\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0 the specific ruling made; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0 the period for which the ruling is valid.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 In the case of a \u2018binding class ruling\u2019, the \u2018applicant\u2019 alone is responsible for communicating with the affected \u2018class members\u2019 regarding the \u2018application\u2019 for the ruling, the issuance, withdrawal or modification of the ruling, or any other information or matter pertaining to the ruling.<\/span><\/p>\n","post_title":"Section 78 (TAA) - Private rulings and class rulings","collection_order":198,"collection":598,"post_modified":"2019-03-06 19:33:36","post_date":"2015-10-15 12:12:45"},{"ID":"2910","post_content":"

    79. \u00a0 \u00a0Applications for advance rulings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 An \u2018application\u2019 must be made in the prescribed form and manner.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An \u2018application\u2019 for a \u2018binding private ruling\u2019 may be made by one person who is a party to a \u2018proposed transaction\u2019, or by two or more parties to a \u2018proposed transaction\u2019 as co-applicants, and if there is more than one \u2018applicant\u2019, each \u2018applicant\u2019 must join in designating one \u2018applicant\u2019 as the lead \u2018applicant\u2019 to represent the others.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 An \u2018application\u2019 for a \u2018binding class ruling\u2019 may be made by a person on behalf of a \u2018class\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 An \u2018application\u2019 must contain the following minimum information:<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the \u2018applicant\u2019s\u2019 name, applicable identification or taxpayer reference number, postal address, email address, and telephone number;<\/span><\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the name, postal address, email address and telephone number of the \u2018applicant\u2019s\u2019 representative, if any;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 a complete description of the \u2018proposed transaction\u2019 in respect of which the ruling is sought, including its financial implications;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 a complete description of the impact the \u2018proposed transaction\u2019 may have upon the tax liability of the \u2018applicant\u2019 or any \u2018class member\u2019 or, if relevant, any connected person in relation to the \u2018applicant\u2019 or any \u2018class member\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 a complete description of any \u2018transaction\u2019 entered into by the \u2018applicant\u2019 or \u2018class member\u2019 prior to submitting the \u2018application\u2019 or that may be undertaken after the completion of the \u2018proposed transaction\u2019 which may have a bearing on the tax consequences of the \u2018proposed transaction\u2019 or may be considered to be part of a series of \u2018transactions\u2019 involving the \u2018proposed transaction\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 the proposed ruling being sought, including a draft of the ruling;<\/span><\/p>\n

    \u00a0<\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0 the relevant statutory provisions or legal issues;<\/span><\/p>\n

    \u00a0<\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0 the reasons why the \u2018applicant\u2019 believes that the proposed ruling should be granted;<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 a statement of the \u2018applicant\u2019s\u2019 interpretation of the relevant statutory provisions or legal issues, as well as an analysis of relevant authorities either considered by the \u2018applicant\u2019 or of which the \u2018applicant\u2019 is aware, as to whether those authorities support or are contrary to the proposed ruling being sought;<\/span><\/p>\n

    \u00a0<\/p>\n

    (j)\u00a0\u00a0\u00a0\u00a0\u00a0 a statement, to the best of the \u2018applicant\u2019s\u2019 knowledge, as to whether the ruling requested is referred to in section 80<\/a>;<\/span><\/p>\n

    \u00a0<\/p>\n

    (k)\u00a0\u00a0\u00a0\u00a0 a description of the information that the \u2018applicant\u2019 believes should be deleted from the final ruling before publication in order to protect the confidentiality of the \u2018applicant\u2019 or \u2018class members\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (l)\u00a0\u00a0\u00a0\u00a0\u00a0 the \u2018applicant\u2019s\u2019 consent to the publication of the ruling by SARS in accordance with section 87<\/a>;<\/span><\/p>\n

    \u00a0<\/p>\n

    (m)\u00a0\u00a0\u00a0 in the case of an \u2018application\u2019 for a \u2018binding class ruling\u2019-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 a description of the \u2018class members\u2019; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the impact the \u2018proposed transaction\u2019 may have upon the tax liability of the \u2018class members\u2019 or, if relevant, any connected person in relation to the \u2018applicant\u2019 or to any \u2018class member\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (n)\u00a0\u00a0\u00a0\u00a0 a statement confirming that the \u2018applicant\u2019 complied with any registration requirements under a tax Act, with regard to any tax for which the \u2018applicant\u2019 is liable, unless the \u2018application\u2019 concerns a ruling to determine if the \u2018applicant\u2019 must register under a tax Act; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (o)\u00a0\u00a0\u00a0\u00a0 a statement confirming that all returns required to be rendered by that \u2018applicant\u2019 in terms of a tax Act have been rendered and any tax has been paid or arrangements acceptable to SARS have been made for the submission of any outstanding returns or for the payment of any outstanding tax debt.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 SARS may request additional information from an \u2018applicant\u2019 at any time.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 An \u2018application\u2019 must be accompanied by the \u2018application\u2019 fee prescribed under section 81<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 SARS must provide an \u2018applicant\u2019 with a reasonable opportunity to make representations if, based upon the \u2018application\u2019 and any additional information received, it appears that the content of the ruling to be made would differ materially from the proposed ruling sought by the \u2018applicant\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (8)\u00a0\u00a0\u00a0\u00a0 An \u2018applicant\u2019 may withdraw an \u2018application\u2019 for a ruling at any time.<\/span><\/p>\n

    \u00a0<\/p>\n

    (9)\u00a0\u00a0\u00a0\u00a0 A co-applicant to a \u2018binding private ruling\u2019 referred to in subsection (2) may withdraw from an \u2018application\u2019 at any time.<\/span><\/p>\n

    \u00a0<\/p>\n

    (10)\u00a0\u00a0 A withdrawal does not affect the liability to pay fees under section 81<\/a>.<\/span><\/p>\n","post_title":"Section 79 (TAA) - Applications for advance rulings","collection_order":199,"collection":598,"post_modified":"2019-03-06 19:33:45","post_date":"2015-10-15 12:12:45"},{"ID":"2912","post_content":"

    80. \u00a0 \u00a0Rejection of application for advance ruling<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS may reject an \u2018application\u2019 for an \u2018advance ruling\u2019 if the \u2018application\u2019-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 requests or requires the rendering of an opinion, conclusion or determination regarding-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 the market value of an asset;<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the application or interpretation of the laws of a foreign country;<\/span><\/p>\n

    \u00a0<\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0\u00a0the pricing of goods or services supplied by or rendered to a connected person or associated enterprise, as defined in section 31<\/a> of the Income Tax Act, in relation to the \u2018applicant\u2019 or a \u2018class member\u2019;<\/span><\/span><\/p>\n

    [Subparagraph (iii)\u00a0substituted by\u00a0section 28\u00a0of\u00a0Act\u00a018 of 2023]<\/span><\/p>\n

    \u00a0<\/p>\n

    (iv)\u00a0\u00a0\u00a0 the constitutionality of a tax Act;<\/span><\/p>\n

    \u00a0<\/p>\n

    (v)\u00a0\u00a0\u00a0\u00a0 a \u2018proposed transaction\u2019 that is hypothetical or not seriously contemplated;<\/span><\/p>\n

    \u00a0<\/p>\n

    (vi)\u00a0\u00a0\u00a0 a matter which can be resolved by SARS issuing a directive under the Fourth Schedule or the Seventh Schedule to the Income Tax Act;<\/span><\/p>\n

    \u00a0<\/p>\n

    (vii)\u00a0\u00a0 whether a person is an independent contractor, labour broker or personal service provider; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (viii)\u00a0 a matter which is submitted for academic purposes;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 contains-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 a frivolous or vexatious issue;<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 an alternative course of action by the \u2018applicant\u2019 or a \u2018class member\u2019 that is not seriously contemplated; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (iii)\u00a0\u00a0\u00a0 an issue that is the same as or substantially similar to an issue that is-<\/span><\/p>\n

    \u00a0<\/p>\n

    (aa) \u00a0 currently before SARS in connection with an audit, investigation or other proceeding involving the \u2018applicant\u2019 or a \u2018class member\u2019 or a connected person in relation to the \u2018applicant\u2019 or a \u2018class member\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (bb) \u00a0 \u00a0the subject of a policy document or draft legislation that has been published; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (cc)\u00a0\u00a0\u00a0 subject to dispute resolution under Chapter 9<\/a>;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 involves the application or interpretation of a general or specific anti-avoidance provision or doctrine;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 involves an issue-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 that is of a factual nature;<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the resolution of which would depend upon assumptions to be made regarding a future event or other matters which cannot be reasonably determined at the time of the \u2018application\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (iii)\u00a0\u00a0\u00a0 which would be more appropriately dealt with by the competent authorities of the parties to an agreement for the avoidance of double taxation;<\/span><\/p>\n

    \u00a0<\/p>\n

    (iv)\u00a0\u00a0\u00a0 in which the tax treatment of the \u2018applicant\u2019 is dependent upon the tax treatment of another party to the \u2018proposed transaction\u2019 who has not applied for a ruling;<\/span><\/p>\n

    \u00a0<\/p>\n

    (v)\u00a0\u00a0\u00a0\u00a0 in respect of a \u2018transaction\u2019 that is part of another \u2018transaction\u2019 which has a bearing on the issue, the details of which have not been disclosed; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (vi)\u00a0\u00a0\u00a0 which is the same as or substantially similar to an issue upon which the \u2018applicant\u2019 has already received an unfavourable ruling;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 involves a matter the resolution of which would be unduly time-consuming or resource intensive; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 requests SARS to rule on the substance of a \u2018transaction\u2019 and disregard its form.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The Commissioner may publish by public notice a list of additional considerations in respect of which the Commissioner may reject an \u2018application\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If SARS requests additional information in respect of an \u2018application\u2019 and the \u2018applicant\u2019 fails or refuses to provide the information, SARS may reject the \u2018application\u2019 without a refund or rebate of any fees imposed under section 81<\/a>.<\/span><\/p>\n","post_title":"Section 80 (TAA) - Rejection of application for advance ruling","collection_order":200,"collection":598,"post_modified":"2024-01-20 20:44:52","post_date":"2015-10-15 12:12:45"},{"ID":"2914","post_content":"

    81. \u00a0 \u00a0Fees for advance rulings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 In order to defray the cost of the \u2018advance ruling\u2019 system, the Commissioner may by public notice prescribe fees for the issuance of a \u2018binding private ruling\u2019 or \u2018binding class ruling\u2019, including-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 an \u2018application\u2019 fee; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a cost recovery fee.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Following the acceptance of an \u2018application\u2019 SARS must, if requested, provide the \u2018applicant\u2019 with an estimate of the cost recovery fee anticipated in connection with the \u2018application\u2019 and must notify the \u2018applicant\u2019 if it subsequently appears that this estimate may be exceeded.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The fees imposed under this section constitute fees imposed by SARS within the meaning of section 5(1)(h) of the SARS Act, and constitute funds of SARS within the meaning of section 24 of that Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 If there is more than one \u2018applicant\u2019 for a ruling in respect of a \u2018proposed transaction\u2019 SARS may, upon request by the \u2018applicants\u2019, impose a single prescribed fee in respect of the \u2018application\u2019.<\/span><\/p>\n","post_title":"Section 81 (TAA) - Fees for advance rulings","collection_order":201,"collection":598,"post_modified":"2019-03-06 19:34:06","post_date":"2015-10-15 12:12:45"},{"ID":"2916","post_content":"

    82. \u00a0 \u00a0Binding effect of advance rulings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If an \u2018advance ruling\u2019 applies to a person in accordance with section 83<\/a>, then SARS must interpret or apply the applicable tax Act to the person in accordance with the ruling.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An \u2018advance ruling\u2019 does not have \u2018binding effect\u2019 upon SARS in respect of a person unless it applies to the person in accordance with section 83<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A \u2018binding general ruling\u2019 may be cited by SARS or a person in any proceedings, including court proceedings.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A \u2018binding private ruling\u2019 or \u2018binding class ruling\u2019 may not be cited in any proceeding, including court proceedings, other than a proceeding involving an \u2018applicant\u2019 or a \u2018class member\u2019, as the case may be.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A publication or other written statement issued by SARS does not have \u2018binding effect\u2019 unless it is an \u2018advance ruling\u2019.<\/span><\/p>\n","post_title":"Section 82 (TAA) - Binding effect of advance rulings","collection_order":202,"collection":598,"post_modified":"2019-03-06 19:34:15","post_date":"2015-10-15 12:12:45"},{"ID":"2918","post_content":"

    83. \u00a0 \u00a0Applicability of advance rulings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A \u2018binding private ruling\u2019 or \u2018binding class ruling\u2019 applies to a person only if-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the provision or provisions of the Act at issue are the subject of the \u2018advance ruling\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the person\u2019s set of facts or \u2018transaction\u2019 are the same as the particular set of facts or \u2018transaction\u2019 specified in the ruling;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the person\u2019s set of facts or \u2018transaction\u2019 falls entirely within the effective period of the ruling;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 any assumptions made or conditions imposed by SARS in connection with the validity of the ruling have been satisfied or carried out;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 in the case of a \u2018binding private ruling\u2019, the person is an \u2018applicant\u2019 identified in the ruling; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of a \u2018binding class ruling\u2019, the person is a \u2018class member\u2019 identified in the ruling.<\/span><\/p>\n","post_title":"Section 83 (TAA) - Applicability of advance rulings","collection_order":203,"collection":598,"post_modified":"2019-03-06 19:34:27","post_date":"2015-10-15 12:12:45"},{"ID":"2920","post_content":"

    84. \u00a0 \u00a0Rulings rendered void<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A \u2018binding private ruling\u2019 or \u2018binding class ruling\u2019 is void ab initio<\/em> if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the \u2018proposed transaction\u2019 as described in the ruling is materially different from the \u2018transaction\u2019 actually carried out;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 there is fraud, misrepresentation or non-disclosure of a material fact; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 an assumption made or condition imposed by SARS is not satisfied or carried out.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 For purposes of this section, a fact described in subsection (1) is considered material if it would have resulted in a different ruling had SARS been aware of it when the original ruling was made.<\/span><\/p>\n","post_title":"Section 84 (TAA) - Rulings rendered void","collection_order":204,"collection":598,"post_modified":"2019-03-06 19:34:37","post_date":"2015-10-15 12:12:45"},{"ID":"2922","post_content":"

    85. \u00a0 \u00a0Subsequent changes in tax law<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Despite any provision to the contrary contained in a tax Act, an \u2018advance ruling\u2019 ceases to be effective if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a provision of the tax Act that was the subject of the \u2018advance ruling\u2019 is repealed or amended in a manner that materially affects the \u2018advance ruling\u2019, in which case the \u2018advance ruling\u2019 will cease to be effective from the date that the repeal or amendment is effective; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a court overturns or modifies an interpretation of the tax Act on which the \u2018advance ruling\u2019 is based, in which case the \u2018advance ruling\u2019 will cease to be effective from the date of judgment unless-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 the decision is under appeal;<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the decision is fact-specific and the general interpretation upon which the \u2018advance ruling\u2019 was based is unaffected; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (iii)\u00a0\u00a0\u00a0 the reference to the interpretation upon which the \u2018advance ruling\u2019 was based was obiter dicta.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An \u2018advance ruling\u2019 ceases to be effective upon the occurrence of any of the circumstances described in subsection (1), whether or not SARS publishes a notice of withdrawal or modification.<\/span><\/p>\n","post_title":"Section 85 (TAA) - Subsequent changes in tax law","collection_order":205,"collection":598,"post_modified":"2019-03-06 19:34:47","post_date":"2015-10-15 12:12:45"},{"ID":"2924","post_content":"

    86. \u00a0 \u00a0Withdrawal or modification of advance rulings<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS may withdraw or modify an \u2018advance ruling\u2019 at any time.<\/span><\/p>\n

    <\/p>\n

    (2) \u00a0\u00a0\u00a0\u00a0If the \u2018advance ruling\u2019 is a \u2018binding private ruling\u2019 or \u2018binding class ruling\u2019, SARS must first provide the \u2018applicant\u2019 with notice of the proposed withdrawal or modification and a reasonable opportunity to make representations prior to the decision whether to withdraw or modify the \u2018advance ruling\u2019.<\/span><\/p>\n

    [Subsection (2)\u00a0substituted by\u00a0section\u00a026\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 SARS must specify the date the decision to withdraw or modify the \u2018advance ruling\u2019 becomes effective, which date may not be earlier than the date-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the decision is delivered to an \u2018applicant\u2019, unless the circumstances in subsection (4) apply; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 in the case of a \u2018binding general ruling\u2019, the decision is published.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 SARS may withdraw or modify a \u2018binding private ruling\u2019 or a \u2018binding class ruling\u2019 retrospectively if the ruling was made in error and if-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the \u2018applicant\u2019 or \u2018class member\u2019 has not yet commenced the \u2018proposed transaction\u2019 or has not yet incurred significant costs in respect of the arrangement;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a person other than the \u2018applicant\u2019 or \u2018class member\u2019 will suffer significant tax disadvantage if the ruling is not withdrawn or modified retrospectively and the \u2018applicant\u2019 will suffer comparatively less if the ruling is withdrawn or modified retrospectively; or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the effect of the ruling will materially erode the South African tax base and it is in the public interest to withdraw or modify the ruling retrospectively.<\/span><\/p>\n","post_title":"Section 86 (TAA) - Withdrawal or modification of advance rulings","collection_order":206,"collection":598,"post_modified":"2022-02-19 20:06:42","post_date":"2015-10-15 12:12:45"},{"ID":"2926","post_content":"

    87. \u00a0 \u00a0Publication of advance rulings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person applying for a \u2018binding private ruling\u2019 or \u2018binding class ruling\u2019 must consent to the publication of the ruling in accordance with this section.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A \u2018binding private ruling\u2019 or \u2018binding class ruling\u2019 must be published by SARS for general information in the manner and in the form that the Commissioner may prescribe, but without revealing the identity of an \u2018applicant\u2019, \u2018class member\u2019 or other person identified or referred to in the ruling.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Prior to publication, SARS must provide the \u2018applicant\u2019 with a draft copy of the edited ruling for review and comment.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 SARS must consider, prior to publication, any comments and proposed edits and deletions submitted by the \u2018applicant\u2019, but is not required to accept them.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 An \u2018applicant\u2019 for a \u2018binding class ruling\u2019 may consent in writing to the inclusion of information identifying it or the \u2018proposed transaction\u2019 in order to facilitate communication with the \u2018class members\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 The application or interpretation of the relevant tax Act to a \u2018transaction\u2019 does not constitute information that may reveal the identity of an \u2018applicant\u2019, \u2018class member\u2019 or other person identified or referred to in the ruling.<\/span><\/p>\n

    \u00a0<\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 SARS must treat the publication of the withdrawal or modification of a \u2018binding private ruling\u2019 or \u2018binding class ruling\u2019 in the same manner and subject to the same requirements as the publication of the original ruling.<\/span><\/p>\n

    \u00a0<\/p>\n

    (8)\u00a0\u00a0\u00a0\u00a0 Subsection (2) does not-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 require the publication of a ruling that is materially the same as a ruling already published; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 apply to a ruling that has been withdrawn before SARS has had occasion to publish it.<\/span><\/p>\n

    \u00a0<\/p>\n

    (9)\u00a0\u00a0\u00a0\u00a0 If an \u2018advance ruling\u2019 has been published, notice of the withdrawal or modification thereof must be published in the manner and media as the Commissioner may deem appropriate.<\/span><\/p>\n","post_title":"Section 87 (TAA) - Publication of advance rulings","collection_order":207,"collection":598,"post_modified":"2019-03-06 19:35:04","post_date":"2015-10-15 12:12:45"},{"ID":"2928","post_content":"

    88. \u00a0 \u00a0Non-binding private opinions<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A \u2018non-binding private opinion\u2019 does not have \u2018binding effect\u2019 upon SARS.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A \u2018non-binding private opinion\u2019 may not be cited in any proceedings including court proceedings, other than proceedings involving the person to whom the opinion was issued.<\/span><\/p>\n","post_title":"Section 88 (TAA) - Non-binding private opinions","collection_order":208,"collection":598,"post_modified":"2019-03-06 19:35:14","post_date":"2015-10-15 12:12:45"},{"ID":"2930","post_content":"

    89. \u00a0 \u00a0Binding general rulings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may issue a \u2018binding general ruling\u2019 that is effective for either-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a particular tax period or other definite period; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 an indefinite period.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A \u2018binding general ruling\u2019 must state-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 that it is a \u2018binding general ruling\u2019 made under this section;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the provisions of a tax Act which are the subject of the \u2018binding general ruling\u2019; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 either-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 the tax period or other definite period for which it applies; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 in the case of a \u2018binding general ruling\u2019 for an indefinite period, that it is for an indefinite period and the date or tax period from which it applies.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A \u2018binding general ruling\u2019 may be issued as an interpretation note or in another form and may be issued in the manner that the Commissioner prescribes.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A publication or other written statement does not constitute and may not be considered or treated as a \u2018binding general ruling\u2019 unless it contains the information prescribed by subsection (2).<\/span><\/p>\n","post_title":"Section 89 (TAA) - Binding general rulings","collection_order":209,"collection":598,"post_modified":"2019-03-06 19:35:25","post_date":"2015-10-15 12:12:45"},{"ID":"2932","post_content":"

    90. \u00a0 \u00a0Procedures and guidelines for advance rulings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The Commissioner may issue procedures and guidelines, in the form of \u2018binding general rulings\u2019, for implementation and operation of the \u2018advance ruling\u2019 system.<\/p>\n","post_title":"Section 90 (TAA) - Procedures and guidelines for advance rulings","collection_order":210,"collection":598,"post_modified":"2019-03-06 19:35:34","post_date":"2015-10-15 12:12:45"},{"ID":"2934","post_content":"

    CHAPTER\u00a08<\/strong><\/p>\n

    ASSESSMENTS<\/strong><\/p>\n","post_title":"Chapter 8 - Assessments (TAA)","collection_order":211,"collection":598,"post_modified":"2019-03-06 19:35:41","post_date":"2015-10-15 12:12:45"},{"ID":"2936","post_content":"

    91. \u00a0 \u00a0Original assessments<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If a tax Act requires a taxpayer to submit a return which does not incorporate a determination of the amount of a tax liability, SARS must make an original assessment based on the return submitted by the taxpayer or other information available or obtained in respect of the taxpayer.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 If a tax Act requires a taxpayer to submit a return which incorporates a determination of the amount of a tax liability, the submission of the return is an original self-assessment of the tax liability.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If a tax Act requires a taxpayer to make a determination of the amount of a tax liability and no return is required, the payment of the amount of tax due is an original assessment.<\/span><\/p>\n

    <\/p>\n

    (4) \u00a0\u00a0\u00a0\u00a0. . . . . . <\/span><\/span><\/p>\n

    [Subsection (4) substituted by section 32 of Act 33 of 2019 and deleted by section 27 of Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (5) \u00a0\u00a0\u00a0\u00a0. . . . . . <\/span><\/span><\/p>\n

    [Subsection (5) substituted by section 58(a) of Act 21 of 2012 and deleted by section 27 of Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (6) \u00a0\u00a0\u00a0\u00a0. . . . . . <\/span><\/span><\/p>\n

    [Subsection (6) added by section 58(b) of Act 21 of 2012 and deleted by section 27 of Act 24 of 2020]<\/span><\/p>\n","post_title":"Section 91 (TAA) - Original assessments","collection_order":212,"collection":598,"post_modified":"2021-02-20 20:22:29","post_date":"2015-10-15 12:12:45"},{"ID":"2938","post_content":"

    92. \u00a0 \u00a0Additional assessments<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    If at any time SARS is satisfied that an assessment does not reflect the correct application of a tax Act to the prejudice of SARS or the fiscus, SARS must make an additional assessment to correct the prejudice.<\/p>\n","post_title":"Section 92 (TAA) - Additional assessments","collection_order":213,"collection":598,"post_modified":"2019-03-06 19:50:01","post_date":"2015-10-15 12:12:45"},{"ID":"2940","post_content":"

    93. \u00a0 \u00a0Reduced assessments<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS may make a reduced assessment if-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the taxpayer successfully disputed the assessment under Chapter 9<\/a>;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 necessary to give effect to a settlement under Part F<\/a> of Chapter 9<\/a>;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0necessary to give effect to a judgment pursuant to an appeal under\u00a0Part E<\/a>\u00a0of\u00a0Chapter 9<\/a>\u00a0and there is no right of further appeal;<\/span><\/p>\n

    [Paragraph (c) amended by section 49 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0SARS is satisfied that there is a readily apparent undisputed error in the assessment by-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0SARS; or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0the taxpayer in a return;<\/span><\/span><\/p>\n

    [Paragraph (d)\u00a0substituted by\u00a0section 49\u00a0of\u00a0Act 23 of 2015\u00a0and amended by\u00a0section 18\u00a0of\u00a0Act 21 of 2021]<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0a senior SARS official is satisfied that an assessment was based on-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the failure to submit a return or submission of an incorrect return by a third party under\u00a0section 26<\/a>\u00a0or by an employer under a tax Act;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0a processing error by SARS; or<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0a return fraudulently submitted by a person not authorised by the taxpayer; or<\/span><\/span><\/p>\n

    [Paragraph (e)\u00a0inserted by\u00a0section 49\u00a0of\u00a0Act 23 of 2015\u00a0and amended by\u00a0section\u00a028(a)\u00a0of\u00a0Act 24 of 2020.\u00a0Subparagraph (iii)\u00a0amended by\u00a0section 18\u00a0of\u00a0Act 21 of 2021]<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the taxpayer in respect of whom an assessment has been issued under section 95<\/a>(1), requests SARS to issue a reduced assessment under section 95<\/a>(6).<\/span><\/p>\n

    [Paragraph (f)\u00a0added by\u00a0section\u00a028(b)\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS may reduce an assessment despite the fact that no objection has been lodged or appeal noted.<\/span><\/p>\n","post_title":"Section 93 (TAA) - Reduced assessments","collection_order":214,"collection":598,"post_modified":"2022-02-19 20:11:09","post_date":"2015-10-15 12:12:45"},{"ID":"2942","post_content":"

    94. \u00a0 \u00a0Jeopardy assessments<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS may make a jeopardy assessment in advance of the date on which the return is normally due, if the Commissioner is satisfied that it is required to secure the collection of tax that would otherwise be in jeopardy.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 In addition to any rights under Chapter 9<\/a>, a review application against an assessment made under this section may be made to the High Court on the grounds that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 its amount is excessive; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 circumstances that justify a jeopardy assessment do not exist.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 In proceedings under subsection (2), SARS bears the burden of proving that the making of the jeopardy assessment is reasonable under the circumstances.<\/span><\/p>\n","post_title":"Section 94 (TAA) - Jeopardy assessments","collection_order":215,"collection":598,"post_modified":"2019-03-06 19:50:23","post_date":"2015-10-15 12:12:45"},{"ID":"2944","post_content":"

    95. \u00a0 \u00a0Estimation of assessments<\/span><\/strong><\/p>\n

    <\/p>\n

    (1) \u00a0\u00a0\u00a0\u00a0SARS may make an original, additional, reduced or jeopardy assessment based in whole or in part on an estimate, if the taxpayer\u2014<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0does not submit a return;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0submits a return or relevant material that is incorrect or inadequate; or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0does not submit a response to a request for relevant material under section 46<\/a>, in relation to the taxpayer, after delivery of more than one request for such material.<\/span><\/p>\n

    [Subsection (1)\u00a0substituted by\u00a0section\u00a029(a)\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS must make the estimate based on information readily available to it.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If the taxpayer is unable to submit an accurate return, a senior SARS official may agree in writing with the taxpayer as to the amount of tax chargeable and issue an assessment accordingly, which assessment is not subject to objection or appeal.<\/span><\/p>\n

    <\/p>\n

    <\/p>\n

    (4) \u00a0\u00a0\u00a0\u00a0The making of an assessment under subsection (1) does not detract from the obligation to submit a return or the relevant material.<\/span><\/p>\n

    [Subsection (4)\u00a0added by\u00a0section\u00a029(b)\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (5) \u00a0\u00a0\u00a0\u00a0An assessment under subsection (1)(a) or (c) is only subject to objection and appeal if SARS decides not to make a reduced or additional assessment after the taxpayer submits the return or relevant material under subsection (6).<\/span><\/p>\n

    [Subsection (5)\u00a0added by\u00a0section\u00a029(b)\u00a0of\u00a0Act 24 of 2020\u00a0and substituted by\u00a0section 19(a)\u00a0of\u00a0Act 21 of 2021]<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0\u00a0The taxpayer in relation to whom the assessment under subsection (1)(a) or (c) has been issued may, within 40 business days from the date of assessment, or a longer period as the Commissioner may prescribe by public notice, request SARS to make a reduced or additional assessment by submitting a true and full return or the relevant material.<\/span><\/span><\/p>\n

    [Subsection (6)\u00a0added by\u00a0section\u00a029(b)\u00a0of\u00a0Act 24 of 2020, substituted by\u00a0section 19(b)\u00a0of\u00a0Act 21 of 2021\u00a0and\u00a0by\u00a0section\u00a029(a)\u00a0of\u00a0Act\u00a018 of 2023\u00a0deemed effective on 31 July 2023]<\/span><\/p>\n

    <\/p>\n

    (7) \u00a0\u00a0\u00a0\u00a0If reasonable grounds for an extension are submitted by the taxpayer, a senior SARS official may extend the period referred to in subsection (6) within which the return or relevant material must be submitted, for a period not exceeding the relevant period referred to in section 99<\/a>(1) or forty business days, whichever is the longest.<\/span><\/p>\n

    [Subsection (7)\u00a0added by\u00a0section\u00a029(b)\u00a0of\u00a0Act 24 of 2020\u00a0and substituted by\u00a0section 19(c)\u00a0of\u00a0Act 21 of 2021]<\/span><\/p>\n

    <\/p>\n

    (8)\u00a0\u00a0\u00a0\u00a0\u00a0If SARS decides not to make a reduced or additional assessment as requested under subsection (6), the date of the assessment made under subsection (1)(a) or (1)(c), for purposes of Chapter 9, is extended to the date of the written notice of the decision.<\/span><\/span><\/p>\n

    [Subsection (8)\u00a0added by\u00a0section 19(d)\u00a0of\u00a0Act 21 of 2021\u00a0and substituted by\u00a0section\u00a029(b)\u00a0of\u00a0Act\u00a018 of 2023]<\/span><\/p>\n","post_title":"Section 95 (TAA) - Estimation of assessments","collection_order":216,"collection":598,"post_modified":"2024-01-20 20:39:00","post_date":"2015-10-15 12:12:45"},{"ID":"2946","post_content":"

    96. \u00a0 \u00a0Notice of assessment<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS must issue to the taxpayer assessed a notice of the assessment made by SARS stating-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the name of the taxpayer;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the taxpayer\u2019s taxpayer reference number, or if one has not been allocated, any other form of identification;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the date of the assessment;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the amount of the assessment;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 the tax period in relation to which the assessment is made;<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 the date for paying the amount assessed; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0 a summary of the procedures for lodging an objection to the assessment.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 In addition to the information provided in terms of subsection (1) SARS must give the person assessed-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 in the case of an assessment described in section 95<\/a> or an assessment that is not fully based on a return submitted by the taxpayer, a statement of the grounds for the assessment; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 in the case of a jeopardy assessment, the grounds for believing that the tax would otherwise be in jeopardy.<\/span><\/p>\n","post_title":"Section 96 (TAA) - Notice of assessment","collection_order":217,"collection":598,"post_modified":"2019-03-06 19:50:46","post_date":"2015-10-15 12:12:45"},{"ID":"2948","post_content":"

    97. \u00a0 \u00a0Recording of assessments<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The particulars of an assessment and the amount of tax payable thereon must be recorded and kept by SARS.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A notice of assessment issued by SARS is regarded as made by a SARS official authorised to do so or duly issued by SARS, until proven to the contrary.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The record of an assessment is not open to public inspection.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0\u00a0The record of an assessment, including the return or records on which it was based, whether in electronic format or otherwise, may be destroyed by SARS after seven years from the date of assessment or the expiration of a further period that may be required-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the Auditor-General;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0as a result of the application of\u00a0section 99<\/a>(2)(c); or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0for purposes of a verification, audit or criminal investigation under\u00a0Chapter 5<\/a>\u00a0or a dispute under\u00a0Chapter 9<\/a>.<\/span><\/p>\n

    [Subsection (4) substituted by section 54 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"Section 97 (TAA) - Recording of assessments","collection_order":218,"collection":598,"post_modified":"2019-03-06 19:50:56","post_date":"2015-10-15 12:12:45"},{"ID":"2952","post_content":"

    98. \u00a0 \u00a0Withdrawal of assessments<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS may, despite the fact that no objection has been lodged or appeal noted, withdraw an assessment which-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 was issued to the incorrect taxpayer;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0was issued in respect of the incorrect tax period; or<\/span><\/p>\n

    [Paragraph (b) amended by section 46 of Act 39 of 2013 effective on 1 October 2012 and section 50 of Act 23 of 2015 effective on 8 January 2016]<\/span>\u00a0<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0was issued as a result of an incorrect payment allocation.<\/span><\/p>\n

    [Paragraph (c) amended by section 46 of Act 39 of 2013 effective on 1 October 2012 and section 50 of Act 23 of 2015 effective on 8 January 2016]<\/span>\u00a0<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

    [Paragraph (d) added by section 46 of Act 39 of 2013 effective on 1 October 2012, deleted by section 50 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An assessment withdrawn under this section is regarded not to have been issued, unless a senior SARS official agrees in writing with the taxpayer as to the amount of tax properly chargeable for the relevant tax period and accordingly issues a revised original, additional or reduced assessment, as the case may be, which assessment is not subject to objection or appeal.<\/span><\/p>\n","post_title":"Section 98 (TAA) - Withdrawal of assessments","collection_order":219,"collection":598,"post_modified":"2019-03-06 19:51:08","post_date":"2015-10-15 12:12:45"},{"ID":"2954","post_content":"

    99. \u00a0 \u00a0Period of limitations for issuance of assessments<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0An assessment may not be made in terms of this Chapter-<\/span><\/p>\n

    [Words preceding paragraph (a) substituted by section 51 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 three years after the date of assessment of an original assessment by SARS;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 in the case of self-assessment for which a return is required, five years after the date of assessment of an original assessment-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 by way of self-assessment by the taxpayer; or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 if no return is received, by SARS;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 in the case of a self-assessment for which no return is required, after the expiration of five years from the-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 date of the last payment of the tax for the tax period; or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 effective date, if no payment was made in respect of the tax for the tax period;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 in the case of-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 an additional assessment if the-<\/span><\/p>\n

    <\/p>\n

    (aa) \u00a0 amount which should have been assessed to tax under the preceding assessment was, in accordance with the practice generally prevailing at the date of the preceeding\u00a0 assessment, not assessed to tax; or<\/span><\/p>\n

    <\/p>\n

    (bb)\u00a0\u00a0 full amount of tax which should have been assessed under the preceding assessment was, in accordance with the practice, not assessed;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 a reduced assessment, if the preceding assessment was made in accordance with the practice generally prevailing at the date of that assessment; or<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0 a tax for which no return is required, if the payment was made in accordance with the practice generally prevailing at the date of that payment; or<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 in respect of a dispute that has been resolved under Chapter 9<\/a>.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Subsection (1) does not apply to the extent that-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 in the case of assessment by SARS, the fact that the full amount of tax chargeable was not assessed, was due to-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 fraud;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 misrepresentation; or<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0 non-disclosure of material facts;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 in the case of self-assessment, the fact that the full amount of tax chargeable was not assessed, was due to-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 fraud;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 intentional or negligent misrepresentation;<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0 intentional or negligent non-disclosure of material facts; or<\/span><\/p>\n

    <\/p>\n

    (iv)\u00a0\u00a0\u00a0 the failure to submit a return or, if no return is required, the failure to make the required payment of tax;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0SARS and the taxpayer so agree prior to the expiry of the limitations period;<\/span><\/p>\n

    [Paragraph (c) amended by section 51 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0it is necessary to give effect to-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the resolution of a dispute under\u00a0Chapter 9<\/a>;\u00a0or<\/span><\/p>\n

    [Subparagraph (i) amended by section 55 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

    [Subparagraph (ii) deleted by section 55 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0an assessment referred to in\u00a0section 93<\/a>(1)(d) if SARS becomes aware of the error referred to in that subsection before expiry of the period for the assessment under subsection (1); or<\/span><\/p>\n

    [Paragraph (d) amended by section 47 of Act 39 of 2013 effective on 1 October 2012, substituted by section 51 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (iv)\u00a0\u00a0\u00a0\u00a0a reduced or additional assessment under section 95<\/a>(6); or<\/span><\/p>\n

    [Subparagraph (iv)\u00a0inserted by\u00a0section 20\u00a0of\u00a0Act 21 of 2021]<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0SARS receives a request for a reduced assessment under\u00a0section 93<\/a>(1)(e).<\/span><\/p>\n

    [Paragraph (e) added by section 51 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may, by prior notice of at least 30 days to the taxpayer, extend a period under subsection (1) or an extended period under this section, before the expiry thereof, by a period approximate to a delay arising from:<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0failure by a taxpayer to provide all the relevant material requested within the period under\u00a0section 46<\/a>(1) or the extended period under\u00a0section 46<\/a>(5); or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0resolving an information entitlement dispute, including legal proceedings.<\/span><\/p>\n

    [Subsection (3) added by section 51 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may, by prior notice of at least 60 days to the taxpayer, extend a period under subsection (1), before the expiry thereof, by three years in the case of an assessment by SARS or two years in the case of self-assessment, where an audit or investigation under\u00a0Chapter 5<\/a>\u00a0relates to-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the application of the doctrine of substance over form;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0the application of Part IIA of\u00a0Chapter III<\/a>\u00a0of the Income Tax Act,\u00a0section 73\u00a0of the Value-Added Tax Act or any other general anti-avoidance provision under a tax Act;<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0the taxation of hybrid entities or hybrid instruments; or<\/span><\/p>\n

    <\/p>\n

    (iv)\u00a0\u00a0\u00a0\u00a0section 31<\/a>\u00a0of the Income Tax Act.<\/span><\/p>\n

    [Subsection (4) added by section 51 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 99 (TAA) - Period of limitations for issuance of assessments","collection_order":220,"collection":598,"post_modified":"2023-01-29 08:19:03","post_date":"2015-10-15 12:12:45"},{"ID":"2956","post_content":"

    100. \u00a0 \u00a0Finality of assessment or decision<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 An assessment or a decision referred to in section 104<\/a>(2) is final if, in relation to the assessment or decision-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 it is an assessment described-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in section 95<\/a>(1)(a) or (c), and no return or response described in section 95<\/a>(6) has been received by SARS; or<\/span><\/p>\n

    [Subparagraph (i)\u00a0substituted by\u00a0section\u00a030\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 in section 95<\/a>(3);<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 no objection has been made, or an objection has been withdrawn;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0after the decision of an objection, no notice of appeal has been filed or a notice has been filed and is withdrawn\u037e<\/span><\/p>\n

    [Paragraph (c) substituted by section 33 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the dispute has been settled under Part F<\/a> of Chapter 9<\/a>;<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 an appeal has been determined by the tax board and there is no referral to the tax court under section 115<\/a>;<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 an appeal has been determined by the tax court and there is no right of further appeal; or<\/span><\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0 an appeal has been determined by a higher court and there is no right of further appeal.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Subsection (1) does not prevent SARS from making an additional assessment, but in respect of an amount of tax that has been dealt with in a disputed assessment referred to in-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0subsection (1)(d), (e) and (f), if the relevant period under\u00a0section 99<\/a>(1)(a), (b) or (c) has expired, SARS may only make an additional assessment under the circumstances referred to in\u00a0section 99<\/a>(2)(a) and (b); and<\/span><\/p>\n

    [Paragraph (a) substituted by section 56 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 subsection (1)(g), SARS may not make an additional assessment.<\/span><\/p>\n","post_title":"Section 100 (TAA) - Finality of assessment or decision","collection_order":221,"collection":598,"post_modified":"2022-02-19 20:08:52","post_date":"2015-10-15 12:12:45"},{"ID":"2958","post_content":"

    CHAPTER 9<\/strong><\/p>\n

    DISPUTE RESOLUTION<\/strong><\/p>\n","post_title":"Chapter 9 - Dispute resolution (TAA)","collection_order":222,"collection":598,"post_modified":"2019-03-06 19:51:47","post_date":"2015-10-15 12:12:45"},{"ID":"2960","post_content":"

    Part A<\/strong><\/p>\n

    General<\/strong><\/p>\n","post_title":"Part A - General (TAA)","collection_order":223,"collection":598,"post_modified":"2019-03-06 19:52:03","post_date":"2015-10-15 12:12:45"},{"ID":"2962","post_content":"

    101. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    In this Chapter, unless the context indicates otherwise, the following terms, if in single quotation marks, have the following meanings:<\/p>\n","post_title":"Section 101 (TAA) - Definitions","collection_order":224,"collection":598,"post_modified":"2019-03-06 19:52:21","post_date":"2015-10-15 12:12:45"},{"ID":"2964","post_content":"

    \u2018appellant\u2019<\/strong>, except in Part E<\/a> of this Chapter, means a person who has noted an appeal against an assessment or \u2018decision\u2019 under section 107<\/a>;<\/p>\n","post_title":"\"Appellant\" definition of section 101 of TAA","collection_order":225,"collection":598,"post_modified":"2017-05-26 11:44:58","post_date":"2015-10-15 12:12:45"},{"ID":"2966","post_content":"

    \u2018decision\u2019<\/strong> means a decision referred to in section 104<\/a>(2);<\/p>\n","post_title":"\"Decision\" definition of section 101 of TAA","collection_order":226,"collection":598,"post_modified":"2017-05-26 11:45:03","post_date":"2015-10-15 12:12:45"},{"ID":"2968","post_content":"

    \u2018registrar\u2019<\/strong> means the registrar of the tax court; and \u2018rules\u2019 mean the rules made under section 103<\/a>.<\/p>\n","post_title":"\"Registrar\" definition of section 101 of TAA","collection_order":227,"collection":598,"post_modified":"2017-05-26 11:45:06","post_date":"2015-10-15 12:12:45"},{"ID":"2970","post_content":"

    102. \u00a0 \u00a0Burden of proof<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A taxpayer bears the burden of proving-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 that an amount, transaction, event or item is exempt or otherwise not taxable;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 that an amount or item is deductible or may be set off;<\/span><\/p>\n

    [Para. (b) substituted by section 23 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the rate of tax applicable to a transaction, event, item or class of taxpayer;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 that an amount qualifies as a reduction of tax payable;<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 that a valuation is correct; or<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 whether a \u2018decision\u2019 that is subject to objection and appeal under a tax Act, is incorrect.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The burden of proving whether an estimate under section 95<\/a> is reasonable or the facts on which SARS based the imposition of an understatement penalty under Chapter 16<\/a>, is upon SARS.<\/span><\/p>\n","post_title":"Section 102 (TAA) - Burden of proof","collection_order":228,"collection":598,"post_modified":"2019-06-19 10:28:25","post_date":"2015-10-15 12:12:45"},{"ID":"2972","post_content":"

    103. \u00a0 \u00a0Rules for dispute resolution<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Minister may, after consultation with the Minister of Justice and Constitutional Development, by public notice make \u2018rules\u2019 governing the procedures to lodge an objection and appeal against an assessment or \u2018decision\u2019, and the conduct and hearing of an appeal before a tax board or tax court.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The \u2018rules\u2019 may provide for alternative dispute resolution procedures under which SARS and the person aggrieved by an assessment or \u2018decision\u2019 may resolve a dispute.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The Commissioner may prescribe the form of a document required to be completed and delivered under the \u201crules\u201d.<\/span><\/p>\n","post_title":"Section 103 (TAA) - Rules for dispute resolution","collection_order":229,"collection":598,"post_modified":"2019-03-06 19:52:53","post_date":"2015-10-15 12:12:45"},{"ID":"2974","post_content":"

    Part B<\/strong><\/p>\n

    Objection and appeal<\/strong><\/p>\n","post_title":"Part B - Objection and appeal (TAA)","collection_order":230,"collection":598,"post_modified":"2019-03-06 19:53:04","post_date":"2015-10-15 12:12:45"},{"ID":"2976","post_content":"

    104. \u00a0 \u00a0Objection against assessment or decision<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A taxpayer who is aggrieved by an assessment made in respect of the taxpayer may object to the assessment.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The following decisions may be objected to and appealed against in the same manner as an assessment:<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a decision under subsection (4) not to extend the period for lodging an objection;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a decision under section 107<\/a>(2) not to extend the period for lodging an appeal; and<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 any other decision that may be objected to or appealed against under a tax Act.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A taxpayer entitled to object to an assessment or \u2018decision\u2019 must lodge an objection in the manner, under the terms, and within the period prescribed in the \u2018rules\u2019.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may extend the period prescribed in the \u2018rules\u2019 within which objections must be made if satisfied that reasonable grounds exist for the delay in lodging the objection.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 The period for objection must not be so extended-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0for a period exceeding 30 business days, unless a senior SARS official is satisfied that exceptional circumstances exist which gave rise to the delay in lodging the objection;<\/span><\/p>\n

    [Paragraph (a) substituted by section 57 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 if more than three years have lapsed from the date of assessment or the \u2018decision\u2019; or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 if the grounds for objection are based wholly or mainly on a change in a practice generally prevailing which applied on the date of assessment or the \u2018decision\u2019.<\/span><\/p>\n","post_title":"Section 104 (TAA) - Objection against assessment or decision","collection_order":231,"collection":598,"post_modified":"2019-03-06 19:53:25","post_date":"2015-10-15 12:12:45"},{"ID":"2978","post_content":"

    105. \u00a0 \u00a0Forum for dispute of assessment or decision<\/span><\/strong><\/p>\n

    <\/p>\n

    A taxpayer may only dispute an assessment or \u201cdecision\u201d as described in\u00a0section 104<\/a>\u00a0in proceedings under this Chapter, unless a High Court otherwise directs.<\/p>\n

    [Section 105 substituted by section 52 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 105 (TAA) - Forum for dispute of assessment or decision","collection_order":232,"collection":598,"post_modified":"2019-03-06 19:53:43","post_date":"2015-10-15 12:12:45"},{"ID":"2980","post_content":"

    106. \u00a0 \u00a0Decision on objection<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS must consider a valid objection in the manner and within the period prescribed under this Act and the \u2018rules\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS may disallow the objection or allow it either in whole or in part.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If the objection is allowed either in whole or in part, the assessment or \u2018decision\u2019 must be altered accordingly.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 SARS must, by notice, inform the taxpayer objecting or the taxpayer\u2019s representative of the decision referred to in subsection (2), unless the objection is stayed under subsection (6) in which case notice of this must be given in accordance with the \u2018rules\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 The notice must state the basis for the decision and a summary of the procedures for appeal.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 If a senior SARS official considers that the determination of the objection or an appeal referred to in section 107<\/a>, whether on a question of law only or on both a question of fact and a question of law, is likely to be determinative of all or a substantial number of the issues involved in one or more other objections or appeals, the official may-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 designate that objection or appeal as a test case; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 stay the other objections or appeals by reason of the taking of a test case on a similar objection or appeal before the tax court,<\/span><\/p>\n

    \u00a0<\/p>\n

    in the manner, under the terms, and within the periods prescribed in the \u2018rules\u2019.<\/span><\/p>\n","post_title":"Section 106 (TAA) - Decision on objection","collection_order":233,"collection":598,"post_modified":"2019-03-06 19:53:55","post_date":"2015-10-15 12:12:45"},{"ID":"2982","post_content":"

    107. \u00a0 \u00a0Appeal against assessment or decision<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 After delivery of the notice of the decision referred to in section 106<\/a>(4), a taxpayer objecting to an assessment or \u2018decision\u2019 may appeal against the assessment or \u2018decision\u2019 to the tax board or tax court in the manner, under the terms and within the period prescribed in this Act and the \u2018rules\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may extend the period within which an appeal must be lodged for-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 21 business days, if satisfied that reasonable grounds exist for the delay; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 up to 45 business days, if exceptional circumstances exist that justify an extension beyond 21 business days.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A notice of appeal that does not satisfy the requirements of subsection (1) is not valid.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 If an assessment or \u2018decision\u2019 has been altered under section 106<\/a>(3), the assessment or \u2018decision\u2019 as altered is the assessment or \u2018decision\u2019 against which the appeal is noted.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 By mutual agreement, SARS and the taxpayer making the appeal may attempt to resolve the dispute through alternative dispute resolution under procedures specified in the \u2018rules\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 Proceedings on the appeal are suspended while the alternative dispute resolution procedure is ongoing.<\/span><\/p>\n

    \u00a0<\/p>\n

    (7) \u00a0 \u00a0 SARS may concede an appeal in whole or in part before-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0 the matter is heard by the tax board or the tax court; or<\/span><\/p>\n

    \u00a0\u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 an appeal against a judgment of the tax court or higher court is heard.<\/span><\/p>\n","post_title":"Section 107 (TAA) - Appeal against assessment or decision","collection_order":234,"collection":598,"post_modified":"2019-03-06 19:54:07","post_date":"2015-10-15 12:12:45"},{"ID":"2984","post_content":"

    Part C<\/strong><\/p>\n

    Tax board<\/strong><\/p>\n","post_title":"Part C - Tax board (TAA)","collection_order":235,"collection":598,"post_modified":"2019-03-06 19:54:19","post_date":"2015-10-15 12:12:44"},{"ID":"2986","post_content":"

    108. \u00a0 \u00a0Establishment of tax board<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Minister may by public notice-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 establish a tax board or boards for areas that the Minister thinks fit; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 abolish an existing tax board or establish an additional tax board as circumstances may require.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Tax boards are established under subsection (1) to hear appeals referred to in section 107<\/a> in the manner provided in this Part.<\/span><\/p>\n","post_title":"Section 108 (TAA) - Establishment of tax board","collection_order":236,"collection":598,"post_modified":"2019-03-06 19:54:30","post_date":"2015-10-15 12:12:44"},{"ID":"2988","post_content":"

    109. \u00a0 \u00a0Jurisdiction of tax board<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 An appeal against an assessment or \u2018decision\u2019 must in the first instance be heard by a tax board, if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the tax in dispute does not exceed the amount the Minister determines by public notice; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a senior SARS official and the \u2018appellant\u2019 so agree.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS must designate the places where tax boards hear appeals.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The tax board must hear an appeal at the place referred to in subsection (2) which is closest to the \u2018appellant\u2019s\u2019 residence or place of business, unless the \u2018appellant\u2019 and SARS agree that the appeal be heard at another place.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 In making a decision under subsection (1)(b), a senior SARS official must consider whether the grounds of the dispute or legal principles related to the appeal should rather be heard by the tax court.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 If the chairperson prior to or during the hearing, considering the grounds of the dispute or the legal principles related to the appeal, believes that the appeal should be heard by the tax court rather than the tax board, the chairperson may direct that the appeal be set down for hearing de novo before the tax court.<\/span><\/p>\n","post_title":"Section 109 (TAA) - Jurisdiction of tax board","collection_order":237,"collection":598,"post_modified":"2019-03-06 19:54:40","post_date":"2015-10-15 12:12:44"},{"ID":"2990","post_content":"

    110. \u00a0 \u00a0Constitution of tax board<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A tax board consists of-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0the chairperson, who must be a legal practitioner from the panel appointed under section 111<\/a>\u037e and<\/span><\/p>\n

    [Paragraph (a) substituted by section 34 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 if the chairperson, after considering any representations by a senior SARS official or the taxpayer, considers it necessary-<\/span><\/p>\n

    [Words preceding subpara. (i) substituted by section 24 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 an accountant who is a member of the panel referred to in section 120<\/a>; and<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 a representative of the commercial community who is a member of the panel referred to in section 120<\/a>.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Sections 122<\/a>, 123<\/a>, 124<\/a>, 126<\/a>, 127<\/a>, 128<\/a> and 129<\/a> apply, with the necessary changes, and under procedures determined in the \u2018rules\u2019, to the tax board and the chairperson.<\/span><\/p>\n","post_title":"Section 110 (TAA) - Constitution of tax board","collection_order":238,"collection":598,"post_modified":"2021-02-20 20:35:56","post_date":"2015-10-15 12:12:44"},{"ID":"2992","post_content":"

    111. \u00a0 \u00a0Appointment of chairpersons<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0The Minister must, in consultation with the Judge\u00adPresident of the Division of the High Court with jurisdiction in the area where the tax board is to sit, by public notice appoint legal practitioners to a panel from which a chairperson of the tax board must be nominated from time to time.<\/span><\/p>\n

    [Subsection (1) substituted by section 35 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0The persons appointed under subsection (1)-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0hold office for five years from the date the notice of appointment is published in the public notice;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0are eligible for re-appointment as the Minister thinks fit; and<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0must be persons of good standing who have appropriate experience.<\/span><\/p>\n

    [Subsection (2) substituted by section 53 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The Minister may terminate an appointment made under this section at any time for misconduct, incapacity or incompetence.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A member of the panel must be appointed as chairperson of a tax board.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A chairperson will not solely on account of his or her liability to tax be regarded as having a personal interest or a conflict of interest in any matter upon which he or she may be called upon to adjudicate.<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 A chairperson must withdraw from the proceedings as soon as the chairperson becomes aware of a conflict of interest which may give rise to bias which the chairperson may experience with the case concerned or other circumstances that may affect the chairperson\u2019s ability to remain objective for the duration of the case.<\/span><\/p>\n

    <\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 Either party may ask for withdrawal of the chairperson on the basis of conflict of interest or other indications of bias, under procedures provided in the \u2018rules\u2019.<\/span><\/p>\n","post_title":"Section 111 (TAA) - Appointment of chairpersons","collection_order":239,"collection":598,"post_modified":"2021-02-20 20:36:12","post_date":"2015-10-15 12:12:44"},{"ID":"2994","post_content":"

    112. \u00a0 \u00a0Clerk of tax board<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Commissioner must appoint a clerk of the tax board.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The clerk acts as convenor of the tax board.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If no chairperson is available in the jurisdiction within which the tax board is to be convened, the clerk may convene the tax board with a chairperson from another jurisdiction.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The clerk of the tax board must, within the period and in the manner provided in the \u2018rules\u2019, submit a notice to the members of the tax board and the \u2018appellant\u2019 specifying the time and place for the hearing.<\/span><\/p>\n","post_title":"Section 112 (TAA) - Clerk of tax board","collection_order":240,"collection":598,"post_modified":"2019-03-06 19:55:10","post_date":"2015-10-15 12:12:44"},{"ID":"2996","post_content":"

    113. \u00a0 \u00a0Tax board procedure<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Subject to the procedure provided for by the \u2018rules\u2019, the chairperson determines the procedures during the hearing of an appeal as the chairperson sees fit, and each party must have the opportunity to put the party\u2019s case to the tax board.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The tax board is not required to record its proceedings.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The chairperson may, when the proceedings open, formulate the issues in the appeal.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The chairperson may adjourn the hearing of an appeal to a convenient time and place.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A senior SARS official must appear at the hearing of the appeal in support of the assessment or \u2018decision\u2019.<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 At the hearing of the appeal the \u2018appellant\u2019 must-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 appear in person in the case of a natural person; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 in any other case, be represented by the representative taxpayer.<\/span><\/p>\n

    <\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 If a third party prepared the \u2018appellant\u2019s\u2019 return involved in the assessment or \u2018decision\u2019, that third party may appear on the \u2018appellant\u2019s\u2019 behalf.<\/span><\/p>\n

    <\/p>\n

    (8)\u00a0\u00a0\u00a0\u00a0 The \u2018appellant\u2019 may, together with the notice of appeal, or within the further period as the chairperson may allow, request permission to be represented at the hearing otherwise than as referred to in subsection (6).<\/span><\/p>\n

    <\/p>\n

    (9)\u00a0\u00a0\u00a0\u00a0 If neither the \u2018appellant `nor anyone authorised to appear on the \u2018appellant\u2019s\u2019 behalf appears before the tax board at the time and place set for the hearing, the tax board may confirm the assessment or \u2018decision\u2019 in respect of which the appeal has been lodged-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 at the request of the senior SARS official; and<\/span><\/p>\n

    [Para. (a) substituted by section 25 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 on proof that the \u2018appellant\u2019 was furnished with the notice of the sitting of the tax board.<\/span><\/p>\n

    <\/p>\n

    (10)\u00a0\u00a0 If the tax board confirms an assessment or \u2018decision\u2019 under subsection (9), the \u2018appellant\u2019 may not thereafter request that the appeal be referred to the tax court under section 115<\/a>.<\/span><\/p>\n

    <\/p>\n

    (11)\u00a0\u00a0 If the senior SARS official fails to appear before the tax board at the time and place set for the hearing, the tax board may allow the \u2018appellant\u2019s\u2019 appeal at the \u2018appellant\u2019s\u2019 request.<\/span><\/p>\n

    <\/p>\n

    (12)\u00a0\u00a0 If the tax board allows the appeal under subsection (11), SARS may not thereafter refer the appeal to the tax court under section 115<\/a>.<\/span><\/p>\n

    <\/p>\n

    (13)\u00a0\u00a0 Subsections (9), (10), (11) and (12) do not apply if the chairperson is satisfied that sound reasons exist for the non-appearance and the reasons are delivered by the \u2018appellant\u2019 or SARS to the clerk of the tax board within 10 business days after the date determined for the hearing or the longer period as may be allowed in exceptional circumstances.<\/span><\/p>\n","post_title":"Section 113 (TAA) - Tax board procedure","collection_order":241,"collection":598,"post_modified":"2019-06-19 10:29:18","post_date":"2015-10-15 12:12:44"},{"ID":"2998","post_content":"

    114. \u00a0 \u00a0Decision of tax board<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The tax board, after hearing the \u2018appellant\u2019s\u2019 appeal against an assessment or \u2018decision\u2019, must decide the matter in accordance with this Chapter.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The Chairperson must prepare a written statement of the tax board\u2019s decision that includes the tax board\u2019s findings of the facts of the case and the reasons for its decision, within 60 business days after conclusion of the hearing.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The clerk must by notice in writing submit a copy of the tax board\u2019s decision to SARS and the \u2018appellant\u2019.<\/span><\/p>\n","post_title":"Section 114 (TAA) - Decision of tax board","collection_order":242,"collection":598,"post_modified":"2019-03-06 19:55:31","post_date":"2015-10-15 12:12:44"},{"ID":"3000","post_content":"

    115. \u00a0 \u00a0Referral of appeal to tax court<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If the \u2018appellant\u2019 or SARS is dissatisfied with the tax board\u2019s decision or the Chairperson fails to deliver the decision under section 114<\/a>(2) within the prescribed 60 business day period, the \u2018appellant\u2019 or SARS may within 21 business days, or within the further period as the Chairperson may on good cause shown allow, after the date of the notice referred to in section 114<\/a>(3) or the expiry of the period referred to in section 114<\/a>(2), require, in writing, that the appeal be referred to the tax court for hearing.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The tax court must hear de novo a referral of an appeal from the tax board\u2019s decision under subsection (1).<\/span><\/p>\n","post_title":"Section 115 (TAA) - Referral of appeal to tax court","collection_order":243,"collection":598,"post_modified":"2019-03-06 19:55:46","post_date":"2015-10-15 12:12:44"},{"ID":"3002","post_content":"

    Part D<\/strong><\/p>\n

    Tax court<\/strong><\/p>\n","post_title":"Part D - Tax court (TAA)","collection_order":244,"collection":598,"post_modified":"2019-03-06 19:55:58","post_date":"2015-10-15 12:12:44"},{"ID":"3004","post_content":"

    116. \u00a0 \u00a0Establishment of tax court<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The President of the Republic may by proclamation in the Gazette<\/em> establish a tax court or additional tax courts for areas that the President thinks fit and may abolish an existing tax court as circumstances may require.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The tax court is a court of record.<\/span><\/p>\n","post_title":"Section 116 (TAA) - Establishment of tax court","collection_order":245,"collection":598,"post_modified":"2019-03-06 19:56:16","post_date":"2015-10-15 12:12:44"},{"ID":"3006","post_content":"

    117. \u00a0 \u00a0Jurisdiction of tax court<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The tax court for purposes of this Chapter has jurisdiction over tax appeals lodged under section 107<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The place where an appeal is heard is determined by the \u2018rules\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The court may hear and decide an interlocutory application or an application in a procedural matter relating to a dispute under this Chapter as provided for in the \u201crules\u201d.<\/span><\/p>\n","post_title":"Section 117 (TAA) - Jurisdiction of tax court","collection_order":246,"collection":598,"post_modified":"2019-03-06 19:56:31","post_date":"2015-10-15 12:12:44"},{"ID":"3008","post_content":"

    118. \u00a0 \u00a0Constitution of tax court<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A tax court established under this Act consists of-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a judge or an acting judge of the High Court, who is the president of the tax court;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 an accountant selected from the panel of members appointed in terms of section 120<\/a>; and<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 a representative of the commercial community selected from the panel of members appointed in terms of section 120<\/a>.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0If the appeal involves-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0a complex matter that requires specific expertise and the president of the tax court so directs after considering any representations by a senior SARS official or the \u2018appellant\u2019, the representative of the commercial community referred to in subsection (1)(c) may be a person with the necessary experience in that field of expertise;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the valuation of assets and the president of the tax court, a senior SARS official or the \u2018appellant\u2019 so requests, the representative of the commercial community referred to in subsection (1)(c) must be a sworn appraiser.<\/span><\/p>\n

    [Subsection (2) amended by section 51 of Act 39 of 2013, substituted by section 58 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If an appeal to the tax court involves a matter of law only or is an interlocutory application or application in a procedural matter under the \u2018rules\u2019, the president of the court sitting alone must decide the appeal.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The president of the court alone decides whether a matter for decision involves a matter of fact or a matter of law.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 The Judge-President of the Division of the High Court with jurisdiction in the area where the relevant tax court is situated, may direct that the tax court consist of three judges or acting judges of the High Court (one of whom is the president of the tax court) and the members of the court referred to in subsections (1)(b) and (c) and (2), where necessary, if-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the amount in dispute exceeds R50 million; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 SARS and the \u2018appellant\u2019 jointly apply to the Judge-President.<\/span><\/p>\n","post_title":"Section 118 (TAA) - Constitution of tax court","collection_order":247,"collection":598,"post_modified":"2019-03-06 19:56:43","post_date":"2015-10-15 12:12:44"},{"ID":"3010","post_content":"

    119. \u00a0 \u00a0Nomination of president of tax court<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Judge-President of the Division of the High Court with jurisdiction in the area for which a tax court has been constituted must nominate and second a judge or an acting judge of the division to be the president of that tax court.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The Judge-President must determine whether the secondment referred to in subsection (1) applies for a period, or for the hearing of a particular case.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A judge will not solely on account of his or her liability to tax be regarded as having a personal interest or a conflict of interest in any matter upon which he or she may be called upon to adjudicate.<\/span><\/p>\n","post_title":"Section 119 (TAA) - Nomination of president of tax court","collection_order":248,"collection":598,"post_modified":"2019-03-06 19:56:57","post_date":"2015-10-15 12:12:44"},{"ID":"3012","post_content":"

    120. \u00a0 \u00a0Appointment of panel of tax court members<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The President of the Republic by proclamation in the Gazette <\/em>must appoint the panel of members of a tax court for purposes of section 118<\/a>(1)(b) and (c) for a term of office of five years from the date of the relevant proclamation.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A person appointed in terms of subsection (1) must be a person of good standing who has appropriate experience.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A person appointed in terms of subsection (1) is eligible for reappointment for a further period or periods as the President of the Republic may think fit.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The President of the Republic may terminate the appointment of a member under this section at any time for misconduct, incapacity or incompetence.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A member\u2019s appointment lapses in the event that the tax court is abolished under section 116<\/a>(1).<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 A member of the tax court must perform the member\u2019s functions independently, impartially and without fear, favour or prejudice.<\/span><\/p>\n","post_title":"Section 120 (TAA) - Appointment of panel of tax court members","collection_order":249,"collection":598,"post_modified":"2019-03-06 19:57:07","post_date":"2015-10-15 12:12:44"},{"ID":"3014","post_content":"

    121. \u00a0 \u00a0Appointment of registrar of tax court<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Commissioner appoints the \u2018registrar\u2019 of the tax court.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A person appointed as \u2018registrar\u2019 and persons appointed in the \u2018registrar\u2019s\u2019 office are SARS employees.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The \u2018registrar\u2019 and other persons referred to in subsection (2) must perform their functions under this Act and the \u2018rules\u2019 independently, impartially and without fear, favour or prejudice.<\/span><\/p>\n","post_title":"Section 121 (TAA) - Appointment of registrar of tax court","collection_order":250,"collection":598,"post_modified":"2019-03-06 19:57:23","post_date":"2015-10-15 12:12:44"},{"ID":"3016","post_content":"

    122. \u00a0 \u00a0Conflict of interest of tax court members<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A member of the court must withdraw from the proceedings as soon as the member becomes aware of a conflict of interest which may give rise to bias which the member may experience with the case concerned or other circumstances that may affect the member\u2019s ability to remain objective for the duration of the case.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Either party may ask for withdrawal of a member on the basis of conflict of interest or other indications of bias, under procedures provided in the \u2018rules\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A member of the court will not solely on account of his or her liability to tax be regarded as having a personal interest or a conflict of interest in the case.<\/span><\/p>\n","post_title":"Section 122 (TAA) - Conflict of interest of tax court members","collection_order":251,"collection":598,"post_modified":"2019-03-06 19:57:34","post_date":"2015-10-15 12:12:44"},{"ID":"3018","post_content":"

    123. \u00a0 \u00a0Death, retirement or incapability of judge or member<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If at any stage during the hearing of an appeal, or after hearing of the appeal but before judgment has been handed down, one of the judges dies, retires or becomes otherwise incapable of acting in that capacity, the hearing of an appeal must be heard de novo<\/em>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 If the tax court has been constituted under section 118<\/a>(5), the hearing of the appeal referred to in subsection (1) must proceed before the remaining judges and members, if the remaining judges constitute the majority of judges before whom the hearing was commenced.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If at any stage during or after the hearing of an appeal but before judgment has been handed down, a member of the tax court dies, retires or becomes incapable of acting in that capacity, the hearing of the appeal must proceed before the president of the tax court, any other judges, the remaining member, and, if the president deems it necessary, a replacement member.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The judgment of the remaining judges and members referred to in subsection (1) or (3) is the judgment of the court.<\/span><\/p>\n","post_title":"Section 123 (TAA) - Death, retirement or incapability of judge or member","collection_order":252,"collection":598,"post_modified":"2019-03-06 19:57:43","post_date":"2015-10-15 12:12:44"},{"ID":"3020","post_content":"

    124. \u00a0 \u00a0Sitting of tax court not public<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The tax court sittings for purposes of hearing an appeal under section 107<\/a> are not public.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The president of the tax court may in exceptional circumstances, on request of any person, allow that person or any other person to attend the sitting but may do so only after taking into account any representations that the \u2018appellant\u2019 and a senior SARS official, referred to in section 12<\/a> appearing in support of the assessment or \u2018decision\u2019, wishes to make on the request.<\/span><\/p>\n","post_title":"Section 124 (TAA) - Sitting of tax court not public","collection_order":253,"collection":598,"post_modified":"2019-03-06 19:57:56","post_date":"2015-10-15 12:12:44"},{"ID":"3022","post_content":"

    125.\u00a0 Appearance at hearing of tax court<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A senior SARS official referred to in section 12<\/a> may appear at the hearing of an appeal in support of the assessment or \u2018decision\u2019.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 ..........<\/span><\/p>\n

    [Subsection (2) deleted by section 26 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n","post_title":"Section 125 (TAA) - Appearance at hearing of tax court","collection_order":254,"collection":598,"post_modified":"2019-03-06 19:58:07","post_date":"2015-10-15 12:12:44"},{"ID":"3024","post_content":"

    126. \u00a0 \u00a0Subpoena of witness to tax court<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    SARS, the \u2018appellant\u2019 or the president of a tax court may subpoena any witness in the manner prescribed in the \u2018rules\u2019, whether or not that witness resides within the tax court\u2019s area of jurisdiction.<\/p>\n","post_title":"Section 126 (TAA) - Subpoena of witness to tax court","collection_order":255,"collection":598,"post_modified":"2019-03-06 19:58:22","post_date":"2015-10-15 12:12:44"},{"ID":"3026","post_content":"

    127. \u00a0 \u00a0Non-attendance by witness or failure to give evidence<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person subpoenaed under section 126<\/a> is liable to the fine or imprisonment specified in subsection (2), if the person without just cause fails to-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 give evidence at the hearing of an appeal;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 remain in attendance throughout the proceedings unless excused by the president of the tax court; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 produce a document or thing in the person\u2019s possession or under the person\u2019s control according to the subpoena.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The president of the tax court may impose a fine or, in default of payment, imprisonment for a period not exceeding three months, on a person described in subsection (1) upon being satisfied by-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 oath or solemn declaration; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the return of the person by whom the subpoena was served,<\/span><\/p>\n

    \u00a0<\/p>\n

    that the person has been duly subpoenaed and that the person\u2019s reasonable expenses have been paid or offered.<\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The president of the tax court may, in addition to imposing a fine or imprisonment under subsection (2), issue a warrant for the person to be apprehended and brought to give evidence or to produce the document or thing in accordance with the subpoena.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A fine imposed under subsection (2) is enforceable as if it were a penalty imposed by a High Court in similar circumstances and any laws applicable in respect of a penalty imposed by a High Court apply with the necessary changes in respect of the fine.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 The president of the tax court may, on good cause shown, remit the whole or any part of the fine or imprisonment imposed under subsection (2).<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 The president of the tax court may order the costs of a postponement or adjournment resulting from the default of a witness, or a portion of the costs, to be paid out of a fine imposed under subsection (2).<\/span><\/p>\n","post_title":"Section 127 (TAA) - Non-attendance by witness or failure to give evidence","collection_order":256,"collection":598,"post_modified":"2019-03-06 19:58:35","post_date":"2015-10-15 12:12:44"},{"ID":"3028","post_content":"

    128. \u00a0 \u00a0Contempt of tax court<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If, during the sitting of a tax court, a person-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 wilfully insults a judge or member of the tax court;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 wilfully interrupts the tax court proceedings; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 otherwise misbehaves in the place where the hearing is held,<\/span><\/p>\n

    \u00a0<\/p>\n

    the president of a tax court may impose upon that person a fine or, in default of payment, imprisonment for a period not exceeding three months.<\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An order made under subsection (1) must be executed as if it were an order made by a Magistrate\u2019s Court under similar circumstances, and the provisions of a law which apply in respect of such an order made by a Magistrate\u2019s Court apply with the necessary changes in respect of an order made under subsection (1).<\/span><\/p>\n","post_title":"Section 128 (TAA) - Contempt of tax court","collection_order":257,"collection":598,"post_modified":"2019-03-06 19:58:46","post_date":"2015-10-15 12:12:44"},{"ID":"3030","post_content":"

    129. \u00a0 \u00a0Decision by tax court<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The tax court, after hearing the \u2018appellant\u2019s\u2019 appeal lodged under section 107<\/a> against an assessment or \u2018decision\u2019, must decide the matter on the basis that the burden of proof as described in section 102<\/a> is upon the taxpayer.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 In the case of an assessment or \u201cdecision\u201d under appeal or an application in a procedural matter referred to in section 117<\/a>(3), the tax court may-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 confirm the assessment or \u2018decision\u2019;<\/span><\/p>\n

    <\/p>\n

    (b) order the assessment or \u2018decision\u2019 to be altered;<\/span><\/p>\n

    [Paragraph (b)\u00a0amended by\u00a0section 19(a<\/em>)\u00a0of\u00a0Act 22 of 2018.]<\/span><\/p>\n

    <\/p>\n

    (c) refer the assessment back to SARS for further examination and assessment; or<\/span><\/p>\n

    [Paragraph (c<\/em>)\u00a0amended by\u00a0section 19(b<\/em>)\u00a0of\u00a0Act 22 of 2018.]<\/span><\/span><\/p>\n

    <\/p>\n

    (d) make an appropriate order in a procedural matter.<\/span><\/p>\n

    [Subsection (2)\u00a0amended by\u00a0section 52(a<\/em>)\u00a0of\u00a0Act\u00a039 of 2013\u00a0effective on 1 October, 2012.\u00a0Paragraph (d<\/em>)\u00a0added by\u00a0section 19(c<\/em>)\u00a0of\u00a0Act 22 of 2018.]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 In the case of an appeal against an understatement penalty imposed by SARS under a tax Act, the tax court must decide the matter on the basis that the burden of proof is upon SARS and may reduce, confirm or increase the understatement penalty.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 If SARS alters an assessment as a result of a referral under subsection (2)(c), the assessment is subject to objection and appeal.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 Unless a tax court otherwise directs, a decision by the tax court in a test case designated under section 106<\/a>(6) is determinative of the issues in an objection or appeal stayed by reason of the test case under section 106(6)(b) to the extent determined under the \u201crules\u201d.<\/span><\/p>\n","post_title":"Section 129 (TAA) - Decision by tax court","collection_order":258,"collection":598,"post_modified":"2020-08-29 20:59:43","post_date":"2015-10-15 12:12:22"},{"ID":"3032","post_content":"

    130. \u00a0 \u00a0Order for costs by tax court<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The tax court may, in dealing with an appeal under this Chapter and on application by an aggrieved party, grant an order for costs in favour of the party, if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the SARS grounds of assessment or \u2018decision\u2019 are held to be unreasonable;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the \u2018appellant\u2019s\u2019 grounds of appeal are held to be unreasonable;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the tax board\u2019s decision is substantially confirmed;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the hearing of the appeal is postponed at the request of the other party; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 the appeal is withdrawn or conceded by the other party after the \u2018registrar\u2019 allocates a date of hearing.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The costs awarded by the tax court under this section must be determined in accordance with the fees prescribed by the rules of the High Court.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The tax court may make an order as to costs provided for in the \u201crules\u201d in-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a test case designated under section 106<\/a>(5); or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 an interlocutory application or an application in a procedural matter referred to in section 117<\/a>(3).<\/span><\/p>\n","post_title":"Section 130 (TAA) - Order for costs by tax court","collection_order":259,"collection":598,"post_modified":"2019-03-06 19:59:12","post_date":"2015-10-15 12:12:22"},{"ID":"3034","post_content":"

    131. \u00a0 \u00a0Registrar to notify parties of judgment of tax court<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The \u2018registrar\u2019 must notify the \u2018appellant\u2019 and SARS of the court\u2019s decision within 21 business days of the date of the delivery of the written decision.<\/p>\n","post_title":"Section 131 (TAA) - Registrar to notify parties of judgment of tax court","collection_order":260,"collection":598,"post_modified":"2019-03-06 19:59:27","post_date":"2015-10-15 12:12:22"},{"ID":"3036","post_content":"

    132. \u00a0 \u00a0Publication of judgment of tax court<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A judgment of the tax court dealing with an appeal under this Chapter must be published for general information and, unless the sitting of the tax court was public under the circumstances referred to in section 124<\/a>(2), in a form that does not reveal the \u2018appellant\u2019s\u2019 identity.<\/p>\n","post_title":"Section 132 (TAA) - Publication of judgment of tax court","collection_order":261,"collection":598,"post_modified":"2019-03-06 19:59:47","post_date":"2015-10-15 12:12:22"},{"ID":"3038","post_content":"

    Part E<\/strong><\/p>\n

    Appeal against tax court decision<\/strong><\/p>\n","post_title":"Part E - Appeal against tax court decision (TAA)","collection_order":262,"collection":598,"post_modified":"2019-03-06 20:00:23","post_date":"2015-10-15 12:12:22"},{"ID":"3040","post_content":"

    133. \u00a0 \u00a0Appeal against decision of tax court<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The taxpayer or SARS may in the manner provided for in this Act appeal against a decision of the tax court under sections 129<\/a> and 130<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An appeal against a decision of the tax court lies-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 to the full bench of the Provincial Division of the High Court which has jurisdiction in the area in which the tax court sitting is held; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 to the Supreme Court of Appeal, without an intermediate appeal to the Provincial Division, if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 the president of the tax court has granted leave under section 135<\/a>; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the appeal was heard by the tax court constituted under section 118<\/a>(5).<\/span><\/p>\n","post_title":"Section 133 (TAA) - Appeal against decision of tax court","collection_order":263,"collection":598,"post_modified":"2019-03-06 20:00:36","post_date":"2015-10-15 12:12:22"},{"ID":"3042","post_content":"

    134. \u00a0 \u00a0Notice of intention to appeal tax court decision<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0A party who intends to lodge an appeal against a decision of the tax court (hereinafter in this Part referred to as the appellant) must, within 21 business days after the date of the notice by the \u2018registrar\u2019 notifying the parties of the tax court\u2019s decision under section 131<\/a>, or within\u00a0 a further period as the president of the tax court may on good cause shown allow, lodge with the \u2018registrar\u2019 and serve upon the opposite party or the opposite party\u2019s legal practitioner or agent, a notice of intention to appeal against the decision.<\/span><\/p>\n

    [Subsection (1) substituted by section 36 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A notice of intention to appeal must state-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 in which division of the High Court the appellant wishes the appeal to be heard;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 whether the whole or only part of the judgment is to be appealed against (if in part only, which part), and the grounds of the intended appeal, indicating the findings of fact or rulings of law to be appealed against; and<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 whether the appellant requires a transcript of the evidence given at the tax court\u2019s hearing of the case in order to prepare the record on appeal (or if only a part of the evidence is required, which part).<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If the appellant is the taxpayer and requires a-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 transcript of the evidence or a part thereof from the \u2018registrar\u2019, the appellant must pay the fees prescribed by the Commissioner by public notice; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 copy of the recording of the evidence or a part thereof from the \u2018registrar\u2019 for purposes of private transcription, the appellant must pay the fees prescribed by the Commissioner in the public notice.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A fee paid under subsection (3) constitutes funds of SARS within the meaning of section 24 of the SARS Act.<\/span><\/p>\n","post_title":"Section 134 (TAA) - Notice of intention to appeal tax court decision","collection_order":264,"collection":598,"post_modified":"2021-02-20 20:36:35","post_date":"2015-10-15 12:12:22"},{"ID":"3044","post_content":"

    135. \u00a0 \u00a0Leave to appeal to Supreme Court of Appeal against tax court decision<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If an intending appellant wishes to appeal against a decision of the tax court to the Supreme Court of Appeal, the \u2018registrar\u2019 must submit the notice of intention to appeal lodged under section 134<\/a>(1) to the president of the tax court, who must make an order granting or refusing leave to appeal having regard to the grounds of the intended appeal as indicated in the notice.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 If the president of the tax court cannot act in that capacity or it is inconvenient for the president to act in that capacity for purposes of this section, the Judge-President of the relevant Division of the High Court may nominate and second another judge or acting judge to act as president of the tax court for that purpose.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0\u00a0Subject to leave to appeal to the Supreme Court of Appeal in terms of\u00a0section 17\u00a0of the Superior Courts Act, 2013 (Act No. 10 of 2013), an order made by the president of the tax court under subsection (1) is final.<\/span><\/p>\n

    [Subsection (3) substituted by section 54 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 135 (TAA) - Leave to appeal Supreme Court of Appeal against tax court decision","collection_order":265,"collection":598,"post_modified":"2019-03-06 20:01:04","post_date":"2015-10-15 12:12:22"},{"ID":"3046","post_content":"

    136. \u00a0 \u00a0Failure to lodge notice of intention to appeal tax court decision<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person entitled to appeal against a decision of the tax court, who has not lodged a notice of intention to appeal within the time and in the manner required by section 134<\/a>, abandons, subject to any right to note a cross appeal, the right of appeal against the decision.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A person who under section 134<\/a> lodged a notice of intention to appeal against a decision of the tax court but who has subsequently withdrawn the notice, abandons the right to note an appeal or cross-appeal against the decision.<\/span><\/p>\n","post_title":"Section 136 (TAA) - Failure to lodge notice of intention to appeal tax court decision","collection_order":266,"collection":598,"post_modified":"2019-03-06 20:01:20","post_date":"2015-10-15 12:12:22"},{"ID":"3048","post_content":"

    137. \u00a0 \u00a0Notice by registrar of period for appeal of tax court decision<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 After the expiry of the time allowed under section 134<\/a>(1) for the lodging of a notice of intention to appeal, the \u2018registrar\u2019 must-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 give notice to a person who has lodged a notice of intention to appeal which has not been withdrawn, that if the person decides to appeal, the appeal must be noted within 21 business days after the date of the \u2018registrar\u2019s\u2019 notice; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 supply to the person referred to in paragraph (a) a certified copy of an order that the president of the tax court made under section 135<\/a> which is the subject of the intended appeal.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The \u2018registrar\u2019 may not give notice under subsection (1)(a) until the order has been made or the transcript has been completed if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 it appears that the president of the tax court will make an order under section 135<\/a>; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 an intending appellant requires a transcript of evidence given at the hearing of the case by the tax court as envisaged in section 134<\/a>(2)(c).<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If the opposite party is not also an intending appellant in the same case, the \u2018registrar\u2019 must provide to the opposite party copies of the notice and any order referred to in subsection (1)(a) and (b).<\/span><\/p>\n","post_title":"Section 137 (TAA) - Notice by registrar of period for appeal of tax court decision","collection_order":267,"collection":598,"post_modified":"2019-03-06 20:01:36","post_date":"2015-10-15 12:12:22"},{"ID":"3050","post_content":"

    138. \u00a0 \u00a0Notice of appeal to Supreme Court of Appeal against tax court decision<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If a person has-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 appealed to the Supreme Court of Appeal from a court established under section 118<\/a>(5);<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 been granted leave to appeal to the Supreme Court of Appeal under section 135<\/a>; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 successfully petitioned to the Supreme Court of Appeal for leave to appeal,<\/span><\/p>\n

    \u00a0<\/p>\n

    the appeal which a party must note against a decision given in the relevant case must be noted to that Court.<\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 If the notice of intention to appeal was noted to the High Court or leave to appeal to the Supreme Court of Appeal has been refused under section 135<\/a>, the party who lodged the notice of intention to appeal must note an appeal to the appropriate Provincial Division of the High Court.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The notice of appeal must be lodged within the period referred to in section 137<\/a>(1)(a) or within a longer period as may be allowed under the rules of the court to which the appeal is noted.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A notice of appeal must be in accordance with the requirements in the rules of the relevant higher court.<\/span><\/p>\n","post_title":"Section 138 (TAA) - Notice of appeal to Supreme Court of Appeal against tax court decision","collection_order":268,"collection":598,"post_modified":"2019-03-06 20:01:58","post_date":"2015-10-15 12:12:22"},{"ID":"3052","post_content":"

    139. \u00a0 \u00a0Notice of cross-appeal of tax court decision<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0A cross\u00adappeal against a decision of the tax court in a case in which an appeal has been lodged under section 138<\/a>, must be noted by lodging a written notice of cross\u00ad appeal with the \u2018registrar\u2019, serving it upon the opposite party or the opposite party\u2019s legal practitioner and lodging it with the registrar of the court to which the cross\u00adappeal is noted.<\/span><\/p>\n

    [Subsection (1) substituted by section 37 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The notice of cross-appeal must be lodged within 21 business days after the date the appeal is noted under section 138<\/a> or within a longer period as may be allowed under the rules of the court to which the cross-appeal is noted.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A notice of cross-appeal must state-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 whether the whole or only part of the judgment is appealed against, and if a part, which part;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the grounds of cross-appeal specifying the findings of fact or rulings of law appealed against; and<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 any further particulars that may be required under the rules of the court to which the cross-appeal is noted.<\/span><\/p>\n","post_title":"Section 139 (TAA) - Notice of cross-appeal of tax court decision","collection_order":269,"collection":598,"post_modified":"2021-02-20 20:36:47","post_date":"2015-10-15 12:12:22"},{"ID":"3054","post_content":"

    140. \u00a0 \u00a0Record of appeal of tax court decision<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The record lodged with a court to which an appeal against a decision of a tax court is noted, includes all documents placed before the tax court under the \u2018rules\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Documents submitted in the tax court which do not relate to the matters in dispute in the appeal may be excluded from the record with the consent of the parties.<\/span><\/p>\n","post_title":"Section 140 (TAA) - Record of appeal of tax court decision","collection_order":270,"collection":598,"post_modified":"2019-03-06 20:02:26","post_date":"2015-10-15 12:12:22"},{"ID":"3056","post_content":"

    141. \u00a0 \u00a0Abandonment of judgment<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0A party may, by notice in writing, lodged with the \u2018registrar\u2019 and the opposite party or the opposite party\u2019s legal practitioner or agent, abandon the whole or a part of a judgment in the party\u2019s favour.<\/span><\/p>\n

    [Subsection (1) substituted by section 38 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A notice of abandonment becomes part of the record.<\/span><\/p>\n","post_title":"Section 141 (TAA) - Abandonment of judgment","collection_order":271,"collection":598,"post_modified":"2021-02-20 20:36:58","post_date":"2015-10-15 12:12:22"},{"ID":"3058","post_content":"

    Part F<\/strong><\/p>\n

    Settlement of dispute<\/strong><\/p>\n","post_title":"Part F - Settlement of dispute (TAA)","collection_order":272,"collection":598,"post_modified":"2019-03-06 20:03:10","post_date":"2015-10-15 12:12:22"},{"ID":"3060","post_content":"

    142. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    In this Part, unless the context indicates otherwise, the following terms, if in single quotation marks, have the following meanings:<\/p>\n","post_title":"Section 142 (TAA) - Definitions","collection_order":273,"collection":598,"post_modified":"2019-03-06 20:03:24","post_date":"2015-10-15 12:12:22"},{"ID":"3062","post_content":"

    \u2018dispute\u2019<\/strong> means a disagreement on the interpretation of either the relevant facts involved or the law applicable thereto, or of both the facts and the law, which arises pursuant to the issue of an assessment or the making of a \u2018decision\u2019; and<\/p>\n","post_title":"\"Dispute\" definition of section 142 of TAA","collection_order":274,"collection":598,"post_modified":"2017-05-26 11:48:48","post_date":"2015-10-15 12:12:22"},{"ID":"3064","post_content":"

    \u2018settle\u2019<\/strong> means to resolve a \u2018dispute\u2019 by compromising a disputed liability, otherwise than by way of either SARS or the person concerned accepting the other party\u2019s interpretation of the facts or the law applicable to those facts or of both the facts and the law, and \u2018settlement\u2019<\/strong> must be construed accordingly.<\/p>\n","post_title":"\"Settle\" definition of section 142 of TAA","collection_order":275,"collection":598,"post_modified":"2017-05-26 11:48:51","post_date":"2015-10-15 12:12:22"},{"ID":"3066","post_content":"

    143. \u00a0 \u00a0Purpose of Part<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A basic principle in tax law is that it is the duty of SARS to assess and collect tax according to the laws enacted by Parliament and not to forgo a tax which is properly chargeable and payable.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Circumstances may require that the strictness and rigidity of this basic principle be tempered, if such flexibility is to the best advantage of the State.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The purpose of this Part is to prescribe the circumstances in which it is appropriate for SARS to temper the basic principle and \u2018settle\u2019 a \u2018dispute\u2019.<\/span><\/p>\n","post_title":"Section 143 (TAA) - Purpose of Part","collection_order":276,"collection":598,"post_modified":"2019-03-06 20:03:44","post_date":"2015-10-15 12:12:22"},{"ID":"3068","post_content":"

    144. \u00a0 \u00a0Initiation of settlement procedure<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Either party to a \u2018dispute\u2019 may initiate a \u2018settlement\u2019 procedure by communication with the other party.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Neither SARS nor the taxpayer has the right to require the other party to engage in a \u2018settlement\u2019 procedure.<\/span><\/p>\n","post_title":"Section 144 (TAA) - Initiation of settlement procedure","collection_order":277,"collection":598,"post_modified":"2019-03-06 20:03:58","post_date":"2015-10-15 12:12:22"},{"ID":"3070","post_content":"

    145. \u00a0 \u00a0Circumstances where settlement is inappropriate<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    It is inappropriate and not to the best advantage of the State to \u2018settle\u2019 a \u2018dispute\u2019 if in the opinion of SARS-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 no circumstances envisaged in section 146<\/a> exist and-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 the action by the person concerned that relates to the \u2018dispute\u2019 constitutes intentional tax evasion or fraud;<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the \u2018settlement\u2019 would be contrary to the law or a practice generally prevailing and no exceptional circumstances exist to justify a departure from the law or practice; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (iii)\u00a0\u00a0\u00a0 the person concerned has not complied with the provisions of a tax Act and the non-compliance is of a serious nature;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 it is in the public interest to have judicial clarification of the issue and the case is appropriate for this purpose; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the pursuit of the matter through the courts will significantly promote taxpayer compliance with a tax Act and the case is suitable for this purpose.<\/span><\/p>\n","post_title":"Section 145 (TAA) - Circumstances where settlement is inappropriate","collection_order":278,"collection":598,"post_modified":"2019-03-06 20:04:12","post_date":"2015-10-15 12:12:22"},{"ID":"3072","post_content":"

    146. \u00a0 \u00a0Circumstances where settlement is appropriate<\/span><\/strong><\/p>\n

    <\/p>\n

    The Commissioner may, if it is to the best advantage of the state, \u2018settle\u2019 a \u2018dispute\u2019, in whole or in part, on a basis that is fair and equitable to both the person concerned and to SARS, having regard to-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 whether the \u2018settlement\u2019 would be in the interest of good management of the tax system, overall fairness, and the best use of SARS\u2019 resources;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0SARS\u2019 cost of litigation in comparison to the possible benefits with reference to the prospects of success in court;<\/span><\/p>\n

    [Paragraph (b) substituted by section 55 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 whether there are any-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 complex factual issues in contention; or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 evidentiary difficulties,<\/span><\/p>\n

    <\/p>\n

    which are sufficient to make the case problematic in outcome or unsuitable for resolution through the alternative \u2018dispute\u2019 resolution procedures or the courts;<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 a situation in which a participant or a group of participants in a tax avoidance arrangement has accepted SARS\u2019 position in the \u2018dispute\u2019, in which case the \u2018settlement\u2019 may be negotiated in an appropriate manner required to unwind existing structures and arrangements; or<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 whether \u2018settlement\u2019 of the \u2018dispute\u2019 is a cost-effective way to promote compliance with a tax Act by the person concerned or a group of taxpayers.<\/span><\/p>\n","post_title":"Section 146 (TAA) - Circumstances where settlement is appropriate","collection_order":279,"collection":598,"post_modified":"2019-03-06 20:04:27","post_date":"2015-10-15 12:12:22"},{"ID":"3074","post_content":"

    147. \u00a0 \u00a0Procedure for settlement<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person participating in a \u2018settlement\u2019 procedure must disclose all relevant facts during the discussion phase of the process of \u2018settling\u2019 a \u2018dispute\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A \u2018settlement\u2019 is conditional upon full disclosure of material facts known to the person concerned at the time of \u2018settlement\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A dispute \u2018settled\u2019 in whole or in part must be evidenced by an agreement in writing between the parties in the prescribed format and must include details on-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 how each particular issue is \u2018settled\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 relevant undertakings by the parties;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 treatment of the issue in future years;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 withdrawal of objections and appeals; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 arrangements for payment.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The agreement must be signed by a senior SARS official.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 SARS must, if the \u2018dispute\u2019 is not ultimately \u2018settled\u2019, explain to the person concerned the further rights of objection and appeal.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 The agreement and terms of a \u2018settlement\u2019 agreement must remain confidential, unless their disclosure is authorised by law or SARS and the person concerned agree otherwise.<\/span><\/p>\n","post_title":"Section 147 (TAA) - Procedure for settlement","collection_order":280,"collection":598,"post_modified":"2019-03-06 20:04:39","post_date":"2015-10-15 12:12:22"},{"ID":"3076","post_content":"

    148. \u00a0 \u00a0Finality of settlement agreement<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The settlement agreement represents the final agreed position between the parties and is in full and final \u2018settlement\u2019 of all or the specified aspects of the \u2018dispute\u2019 in question between the parties.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS must adhere to the terms of the agreement, unless material facts were not disclosed as required by section 147<\/a>(1) or there was fraud or misrepresentation of the facts.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If the person concerned fails to pay the amount due pursuant to the agreement or otherwise fails to adhere to the agreement, a senior SARS official may-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 regard the agreement as void and proceed with the matter in respect of the original disputed amount; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 enforce collection of the \u2018settlement\u2019 amount under the collection provisions of this Act in full and final \u2018settlement\u2019 of the \u2018dispute\u2019.<\/span><\/p>\n","post_title":"Section 148 (TAA) - Finality of settlement agreement","collection_order":281,"collection":598,"post_modified":"2019-03-06 20:04:51","post_date":"2015-10-15 12:12:22"},{"ID":"3078","post_content":"

    149. \u00a0 \u00a0Register of settlements and reporting<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS must-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 maintain a register of all \u2018disputes\u2019 that are \u2018settled\u2019 under this Part; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 document the process under which each \u2018dispute\u2019 is \u2018settled\u2019.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The Commissioner must provide an annual summary of \u2018settlements\u2019 to the Auditor-General and to the Minister.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The summary referred to in subsection (2) must be submitted by no later than the date on which the annual report for SARS is submitted to Parliament for the year and must-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0be in a format which, subject to section 70<\/a>(6), does not disclose the identity of the person concerned; and<\/span><\/p>\n

    [Paragraph (a)\u00a0substituted by\u00a0section 21\u00a0of\u00a0Act 21 of 2021]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 contain details, arranged by main classes of taxpayers or sections of the public, of the number of \u2018settlements\u2019, the amount of tax forgone, and the estimated savings in litigation costs.<\/span><\/p>\n","post_title":"Section 149 (TAA) - Register of settlements and reporting","collection_order":282,"collection":598,"post_modified":"2023-01-29 08:19:32","post_date":"2015-10-15 12:12:22"},{"ID":"3080","post_content":"

    150. \u00a0 \u00a0Alteration of assessment or decision on settlement<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If a \u2018dispute\u2019 between SARS and the person aggrieved by an assessment or \u2018decision\u2019 is \u2018settled\u2019 under this Part, SARS may, despite anything to the contrary contained in a tax Act, alter the assessment or \u2018decision\u2019 to give effect to the \u2018settlement\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An altered assessment or \u2018decision\u2019 referred to in subsection (1) is not subject to objection and appeal.<\/span><\/p>\n","post_title":"Section 150 (TAA) - Alteration of assessment or decision on settlement","collection_order":283,"collection":598,"post_modified":"2019-03-06 20:05:30","post_date":"2015-10-15 12:12:22"},{"ID":"3082","post_content":"

    CHAPTER 10<\/strong><\/p>\n

    TAX LIABILITY AND PAYMENT<\/strong><\/p>\n","post_title":"Chapter 10 - Tax liability and payment (TAA)","collection_order":284,"collection":598,"post_modified":"2019-03-06 20:05:47","post_date":"2015-10-15 12:12:22"},{"ID":"3084","post_content":"

    Part A<\/strong><\/p>\n

    Taxpayers<\/strong><\/p>\n","post_title":"Part A - Taxpayers (TAA)","collection_order":285,"collection":598,"post_modified":"2019-03-06 20:05:58","post_date":"2015-10-15 12:12:22"},{"ID":"3086","post_content":"

    151. \u00a0 \u00a0Taxpayer<\/span><\/strong><\/p>\n

    <\/p>\n

    In this Act, taxpayer means-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0a person who is or may be chargeable to tax or with a tax offence;<\/span><\/p>\n

    [Paragraph (a) substituted by section 59 of Act 16 of 2016 effective on 1 October 2012]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a representative taxpayer;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 a withholding agent;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 a responsible third party; or<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 a person who is the subject of a request to provide assistance under an international tax agreement.<\/span><\/p>\n","post_title":"Section 151 (TAA) - Taxpayer","collection_order":286,"collection":598,"post_modified":"2019-03-06 20:06:12","post_date":"2015-10-15 12:12:22"},{"ID":"3088","post_content":"

    152. \u00a0 \u00a0Person chargeable to tax<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A person chargeable to tax is a person upon whom the liability for tax due under a tax Act is imposed and who is personally liable for the tax.<\/p>\n","post_title":"Section 152 (TAA) - Person chargeable to tax","collection_order":287,"collection":598,"post_modified":"2019-03-06 20:06:28","post_date":"2015-10-15 12:12:22"},{"ID":"3090","post_content":"

    153. \u00a0 \u00a0Representative taxpayer<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 In this Act, a representative taxpayer means a person who is responsible for paying the tax liability of another person as an agent, other than as a withholding agent, and includes a person who-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 is a representative taxpayer in terms of the Income Tax Act<\/a>;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 is a representative employer in terms of the Fourth Schedule<\/a> to the Income Tax Act<\/a>; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 is a representative vendor in terms of section 46 of the Value-Added Tax Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Every person who becomes or ceases to be a representative taxpayer (except a public officer of a company) under a tax Act, must notify SARS accordingly in such form as the Commissioner may prescribe, within 21 business days after becoming or ceasing to be a representative taxpayer, as the case may be.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A taxpayer is not relieved from any liability, responsibility or duty imposed under a tax Act by reason of the fact that the taxpayer\u2019s representative-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 failed to perform such responsibilities or duties; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 is liable for the tax payable by the taxpayer.<\/span><\/p>\n","post_title":"Section 153 (TAA) - Representative taxpayer","collection_order":288,"collection":598,"post_modified":"2019-03-06 20:06:45","post_date":"2015-10-15 12:12:22"},{"ID":"3092","post_content":"

    154. \u00a0 \u00a0Liability of representative taxpayer<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A representative taxpayer is, as regards-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the income to which the representative taxpayer is entitled;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 moneys to which the representative taxpayer is entitled or has the management or control;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 transactions concluded by the representative taxpayer; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 anything else done by the representative taxpayer,<\/span><\/p>\n

    \u00a0<\/p>\n

    in such capacity-<\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 subject to the duties, responsibilities and liabilities of the taxpayer represented;<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 entitled to any abatement, deduction, exemption, right to set off a loss, and other items that could be claimed by the person represented; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (iii)\u00a0\u00a0\u00a0 liable for the amount of tax specified by a tax Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A representative taxpayer may be assessed in respect of any tax under subsection (1), but such assessment is regarded as made upon the representative taxpayer in such capacity only.<\/span><\/p>\n","post_title":"Section 154 (TAA) - Liability of representative taxpayer","collection_order":289,"collection":598,"post_modified":"2019-03-06 20:07:02","post_date":"2015-10-15 12:12:22"},{"ID":"3094","post_content":"

    155. \u00a0 \u00a0Personal liability of representative taxpayer<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A representative taxpayer is personally liable for tax payable in the representative taxpayer\u2019s representative capacity, if, while it remains unpaid-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the representative taxpayer alienates, charges or disposes of amounts in respect of which the tax is chargeable; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the representative taxpayer disposes of or parts with funds or moneys, which are in the representative taxpayer\u2019s possession or come to the representative taxpayer after the tax is payable, if the tax could legally have been paid from or out of the funds or moneys.<\/span><\/p>\n","post_title":"Section 155 (TAA) - Personal liability of representative taxpayer","collection_order":290,"collection":598,"post_modified":"2019-03-06 20:07:19","post_date":"2015-10-15 12:12:22"},{"ID":"3096","post_content":"

    156. \u00a0 \u00a0Withholding agent<\/strong><\/p>\n

    \u00a0<\/p>\n

    In this Act, withholding agent means a person who must under a tax Act withhold an amount of tax and pay it to SARS.<\/p>\n","post_title":"Section 156 (TAA) - Withholding agent","collection_order":291,"collection":598,"post_modified":"2019-03-06 20:07:35","post_date":"2015-10-15 12:12:22"},{"ID":"3098","post_content":"

    157. \u00a0 \u00a0Personal liability of withholding agent<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A withholding agent is personally liable for an amount of tax-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 withheld and not paid to SARS; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 which should have been withheld under a tax Act but was not so withheld.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An amount paid or recovered from a withholding agent in terms of subsection (1) is an amount of tax which is paid on behalf of the relevant taxpayer in respect of his or her liability under the relevant tax Act.<\/span><\/p>\n","post_title":"Section 157 (TAA) - Personal liability of withholding agent","collection_order":292,"collection":598,"post_modified":"2019-03-06 20:07:51","post_date":"2015-10-15 12:12:22"},{"ID":"3100","post_content":"

    158. \u00a0 \u00a0Responsible third party<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    In this Act, responsible third party means a person who becomes otherwise liable for the tax liability of another person, other than as a representative taxpayer or as a withholding agent, whether in a personal or representative capacity.<\/p>\n","post_title":"Section 158 (TAA) - Responsible third party","collection_order":293,"collection":598,"post_modified":"2019-03-06 20:08:06","post_date":"2015-10-15 12:12:22"},{"ID":"3102","post_content":"

    159. \u00a0 \u00a0Personal liability of responsible third party<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A responsible third party is personally liable to the extent described in Part D<\/a> of Chapter 11<\/a>.<\/p>\n","post_title":"Section 159 (TAA) - Personal liability of responsible third party","collection_order":294,"collection":598,"post_modified":"2019-03-06 20:08:17","post_date":"2015-10-15 12:12:22"},{"ID":"3104","post_content":"

    160. Taxpayer\u2019s right to recovery<\/span><\/strong><\/p>\n

    [Heading of section 160 substituted by section 27 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A representative taxpayer, withholding agent or responsible third party who, as such, pays a tax is entitled-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 to recover the amount so paid from the person on whose behalf it is paid; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 to retain out of money or assets in that person\u2019s possession or that may come to that person in that representative capacity, an amount equal to the amount so paid.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Unless otherwise provided for in a tax Act, a taxpayer in respect of whom an amount has been paid to SARS by a withholding agent under a tax Act or by a responsible third party under section 179<\/a>, is not entitled to recover from the withholding agent or responsible third party the amount so\u00a0 paid but is entitled to recover the amount of an unlawful or erroneous payment from SARS.<\/span><\/p>\n","post_title":"Section 160 (TAA) - Right to recovery of taxpayer","collection_order":295,"collection":598,"post_modified":"2019-06-19 10:30:25","post_date":"2015-10-15 12:12:22"},{"ID":"3106","post_content":"

    161. \u00a0 \u00a0Security by taxpayer<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may require security from a taxpayer to safeguard the collection of tax by SARS, if the taxpayer-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 is a representative taxpayer, withholding agent or responsible third party who was previously held liable in the taxpayer\u2019s personal capacity under a tax Act;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 has been convicted of a tax offence;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 has frequently failed to pay amounts of tax due;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 has frequently failed to carry out other obligations imposed under any tax Act which constitutes non-compliance referred to in Chapter 15<\/a>; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 is under the management or control of a person who is or was a person contemplated in paragraphs (a) to (d).<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 If security is required, SARS must by written notice to the taxpayer require the taxpayer to furnish to or deposit with SARS, within such period that SARS may allow, security for the payment of any tax which has or may become payable by the taxpayer in terms of a tax Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The security must be of the nature, amount and form that the senior SARS official directs.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 If the security is in the form of cash deposit and the taxpayer fails to make such deposit, it may-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 be collected as if it were an outstanding tax debt of the taxpayer recoverable under this Act; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 be set-off against any refund due to the taxpayer.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may, in the case of a taxpayer which is not a natural person and cannot provide the security required under subsection (1), require of any or all of the members, shareholders or trustees who control or are involved in the management of the taxpayer to enter into a contract of suretyship in respect of the taxpayer\u2019s liability for tax which may arise from time to time.<\/span><\/p>\n","post_title":"Section 161 (TAA) - Security by taxpayer","collection_order":296,"collection":598,"post_modified":"2019-03-06 20:08:41","post_date":"2015-10-15 12:12:22"},{"ID":"3108","post_content":"

    Part B<\/strong><\/p>\n

    Payment of tax<\/strong><\/p>\n","post_title":"Part B - Payment of tax (TAA)","collection_order":297,"collection":598,"post_modified":"2019-03-06 20:08:57","post_date":"2015-10-15 12:12:21"},{"ID":"3110","post_content":"

    162. \u00a0 \u00a0Determination of time and manner of payment of tax<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Tax must be paid by the day and at the place notified by SARS, the Commissioner by public notice or as specified in a tax Act, and must be paid as a single amount or in terms of an instalment payment agreement under section 167<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The Commissioner may by public notice prescribe the method of payment of tax, including electronically.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Despite sections 96<\/a>(1)(f) and 167<\/a>, a senior SARS official may, if there are reasonable grounds to believe that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a taxpayer will not pay the full amount of tax;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a taxpayer will dissipate the taxpayer\u2019s assets; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 that recovery may become difficult in the future,<\/span><\/p>\n

    \u00a0<\/p>\n

    require the taxpayer to-<\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 pay the full amount immediately upon receipt of the notice of assessment or a notice described in section 167<\/a>(6) or within the period as the official deems appropriate under the circumstances; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 provide such security as the official deems necessary.<\/span><\/p>\n","post_title":"Section 162 (TAA) - Determination of time and manner of payment of tax","collection_order":298,"collection":598,"post_modified":"2019-03-06 20:09:11","post_date":"2015-10-15 12:12:21"},{"ID":"3112","post_content":"

    163. \u00a0 \u00a0Preservation order<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may, in order to prevent any realisable assets from being disposed of or removed which may frustrate the collection of the full amount of tax that is due or payable or the official on reasonable grounds is satisfied may be due or payable, authorise an ex parte<\/em> application to the High Court for an order for the preservation of any assets of a taxpayer or other person prohibiting any person, subject to the conditions and exceptions as may be specified in the preservation order, from dealing in any manner with the assets to which the order relates.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 SARS may, in anticipation of the application under subsection (1) seize the assets pending the outcome of an application for a preservation order, which application must commence within 24 hours from the time of seizure of the assets or the further period that SARS and the taxpayer or other person may agree on.<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 Until a preservation order is made in respect of the seized assets, SARS must take reasonable steps to preserve and safeguard the assets including appointing a curator bonis in whom the assets vest.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A preservation order may be made if required to secure the collection of the tax referred to in subsection (1) and in respect of-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 realisable assets seized by SARS under subsection (2);<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the realisable assets as may be specified in the order and which are held by the person against whom the preservation order is being made;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 all realisable assets held by the person, whether it is specified in the order or not; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 all assets which, if transferred to the person after the making of the preservation order, would be realisable assets.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The court to which an application for a preservation order is made may-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 make a provisional preservation order having immediate effect;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 simultaneously grant a rule nisi calling upon the taxpayer or other person upon a business day mentioned in the rule to appear and to show cause why the preservation order should not be made final;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 upon application by the taxpayer or other person, anticipate the return day for the purpose of discharging the provisional preservation order if 24 hours\u2019 notice of the application has been given to SARS; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 upon application by SARS, confirm the appointment of the curator bonis<\/em> under subsection (2)(a) or appoint a curator bonis<\/em> in whom the seized assets vest.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A preservation order must provide for notice to be given to the taxpayer and a person from whom the assets are seized.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 For purposes of the notice or rule required under subsection (4)(b) or (5), if the taxpayer or other person has been absent for a period of 21 business days from his or her usual place of residence or business within the Republic, the court may direct that it will be sufficient service of that notice or rule if a copy thereof is affixed to or near the outer door of the building where the court sits and published in the Gazette<\/em>, unless the court directs some other mode of service.<\/span><\/p>\n

    \u00a0<\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 The court, in granting a preservation order, may make any ancillary orders regarding how the assets must be dealt with, including-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 authorising the seizure of all movable assets;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 if not appointed under subsection (4)(d), appointing a curator bonis<\/em> in whom the assets vest;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 realising the assets in satisfaction of the tax debt;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 making provision as the court may think fit for the reasonable living expenses of a person against whom the preservation order is being made and his or her legal dependants, if the court is satisfied that the person has disclosed under oath all direct or indirect interests in assets subject to the order and that the person cannot meet the expenses concerned out of his or her unrestrained assets; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 any other order that the court considers appropriate for the proper, fair and effective execution of the order.<\/span><\/p>\n

    \u00a0<\/p>\n

    (8)\u00a0\u00a0\u00a0\u00a0 The court making a preservation order may also make such further order in respect of the discovery of any facts including facts relating to any asset over which the taxpayer or other person may have effective control and the location of the assets as the court may consider necessary or expedient with a view to achieving the objects of the preservation order.<\/span><\/p>\n

    \u00a0<\/p>\n

    (9)\u00a0\u00a0\u00a0\u00a0 The court which made a preservation order may on application by a person affected by that order vary or rescind the order or an order authorising the seizure of the assets concerned or other ancillary order if it is satisfied that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the operation of the order concerned will cause the applicant undue hardship; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the hardship that the applicant will suffer as a result of the order outweighs the risk that the assets concerned may be destroyed, lost, damaged, concealed or transferred.<\/span><\/p>\n

    \u00a0<\/p>\n

    (10)\u00a0\u00a0 A preservation order remains in force-<\/span><\/p>\n

    \u00a0\u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 pending the setting aside thereof on appeal, if any, against the preservation order; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 until the assets subject to the preservation order are no longer required for purposes of the satisfaction of the tax debt.<\/span><\/p>\n

    \u00a0<\/p>\n

    (11)\u00a0\u00a0 In order to prevent any realisable as sets that were not seized under subsection(2) from being disposed of or removed contrary to a preservation order under this section, a senior SARS official may seize the assets if the official has reasonable grounds to believe that the assets will be so disposed of or removed.<\/span><\/p>\n

    \u00a0<\/p>\n

    (12)\u00a0\u00a0 Assets seized under this section must be dealt with in accordance with the directions of the High Court which made the relevant preservation order.<\/span><\/p>\n","post_title":"Section 163 (TAA) - Preservation order","collection_order":299,"collection":598,"post_modified":"2019-03-06 20:09:27","post_date":"2015-10-15 12:12:21"},{"ID":"3114","post_content":"

    164. \u00a0 \u00a0Payment of tax pending objection or appeal<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Unless a senior SARS official otherwise directs in terms of subsection (3)-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the obligation to pay tax; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the right of SARS to receive and recover tax,<\/span><\/p>\n

    \u00a0<\/p>\n

    will not be suspended by an objection or appeal or pending the decision of a court of law pursuant to an appeal under section 133<\/a>.<\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A taxpayer may request a senior SARS official to suspend the payment of tax or a portion thereof due under an assessment if the taxpayer intends to dispute or disputes the liability to pay that tax under Chapter 9<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may suspend payment of the disputed tax or a portion thereof having regard to relevant factors, including-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 whether the recovery of the disputed tax will be in jeopardy or there will be a risk of dissipation of assets;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the compliance history of the taxpayer with SARS;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 whether fraud is prima facie involved in the origin of the dispute;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 whether payment will result in irreparable hardship to the taxpayer not justified by the prejudice to SARS or the fiscus if the disputed tax is not paid or recovered; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 whether the taxpayer has tendered adequate security for the payment of the disputed tax and accepting it is in the interest of SARS or the fiscus.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 If payment of tax was suspended under subsection (3) and subsequently-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 no objection is lodged;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 an objection is disallowed and no appeal is lodged; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 an appeal to the tax board or court is unsuccessful and no further appeal is noted,<\/span><\/p>\n

    \u00a0<\/p>\n

    the suspension is revoked with immediate effect from the date of the expiry of the relevant prescribed time period or any extension of the relevant time period under this Act.<\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may deny a request in terms of subsection (2) or revoke a decision to suspend payment in terms of subsection (3) with immediate effect if satisfied that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 after the lodging of the objection or appeal, the objection or appeal is frivolous or vexatious;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the taxpayer is employing dilatory tactics in conducting the objection or appeal;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 on further consideration of the factors referred to in subsection (3), the suspension should not have been given; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 there is a material change in any of the factors referred to in subsection (3), upon which the decision to suspend payment of the amount involved was based.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 During the period commencing on the day that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 SARS receives a request for suspension under subsection (2); or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a suspension is revoked under subsection (5),<\/span><\/p>\n

    <\/p>\n

    and ending 10 business days after notice of SARS\u2019 decision or revocation has been issued to the taxpayer, no recovery proceedings may be taken unless SARS has a reasonable belief that there is a risk of dissipation of assets by the person concerned.<\/span><\/p>\n

    \u00a0<\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 If an assessment or a decision referred to in section 104<\/a>(2) is altered in accordance with-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 an objection or appeal;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a decision of a court of law pursuant to an appeal under section 133<\/a>; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 a decision by SARS to concede the appeal to the tax board or the tax court or other court of law,<\/span><\/p>\n

    \u00a0<\/p>\n

    a due adjustment must be made, amounts paid in excess refunded with interest at the prescribed rate, the interest being calculated from the date that excess was received by SARS to the date the refunded tax is paid, and amounts short-paid are recoverable with interest calculated as provided in section 187<\/a>(1).<\/p>\n

    \u00a0<\/p>\n

    (8)\u00a0\u00a0\u00a0\u00a0 The provisions of section 191<\/a> apply with the necessary changes in respect of an amount refundable and interest payable by SARS under this section.<\/span><\/p>\n","post_title":"Section 164 (TAA) - Payment of tax pending objection or appeal","collection_order":300,"collection":598,"post_modified":"2019-03-06 20:09:43","post_date":"2015-10-15 12:12:21"},{"ID":"3116","post_content":"

    Part C<\/strong><\/p>\n

    Taxpayer account and allocation of payments<\/strong><\/p>\n","post_title":"Part C - Taxpayer account and allocation of payments (TAA)","collection_order":301,"collection":598,"post_modified":"2019-03-06 20:09:59","post_date":"2015-10-15 12:12:21"},{"ID":"3118","post_content":"

    165. \u00a0 \u00a0Taxpayer account<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS must maintain one or more taxpayer accounts for each taxpayer.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The taxpayer account must reflect the tax liability in respect of each tax type included in the account.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The taxpayer account must record details for all tax periods of-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the tax liability;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 any penalty imposed;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the interest payable on outstanding tax debts;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the tax liability for any other tax type;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 tax payments made by or on behalf of the taxpayer; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 any credit for amounts paid that the taxpayer is entitled to have set off against the taxpayer\u2019s tax liability.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 From time to time, or when requested by the taxpayer, SARS must send to the taxpayer a statement of account, reflecting the amounts currently due and the details that SARS considers appropriate.<\/span><\/p>\n","post_title":"Section 165 (TAA) - Taxpayer account","collection_order":302,"collection":598,"post_modified":"2019-03-06 20:10:11","post_date":"2015-10-15 12:12:21"},{"ID":"3120","post_content":"

    166. \u00a0 \u00a0Allocation of payments<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Despite anything to the contrary contained in a tax Act, SARS may allocate any payment made in terms of a tax Act against an amount of penalty or interest or the oldest amount of an outstanding tax debt at the time of the payment, other than amounts-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 for which payment has been suspended under this Act; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 that are payable in terms of an instalment payment agreement under section 167<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS may apply the first-in-first-out principle described in subsection (1) in respect of a specific tax type or a group of tax types in the manner that may be prescribed by the Commissioner by public notice.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 In the event that a payment in subsection (1) is insufficient to extinguish all tax debts of the same age, the amount of the payment may be allocated among these tax debts in the manner prescribed by the Commissioner by public notice.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The age of a tax debt for purposes of subsection (1) is determined according to the duration from the date the debt became payable in terms of the applicable Act.<\/span><\/p>\n","post_title":"Section 166 (TAA) - Allocation of payments","collection_order":303,"collection":598,"post_modified":"2019-03-06 20:10:26","post_date":"2015-10-15 12:12:21"},{"ID":"3122","post_content":"

    Part D<\/strong><\/p>\n

    Deferral of Payment<\/strong><\/p>\n","post_title":"Part D - Deferral of payment (TAA)","collection_order":304,"collection":598,"post_modified":"2019-03-06 20:11:18","post_date":"2015-10-15 12:12:21"},{"ID":"3124","post_content":"

    167. \u00a0 \u00a0Instalment payment agreement<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may enter into an agreement with a taxpayer in the prescribed form under which the taxpayer is allowed to pay a tax debt in one sum or in instalments, within the agreed period if satisfied that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 criteria or risks that may be prescribed by the Commissioner by public notice have been duly taken into consideration; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the agreement facilitates the collection of the debt.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The agreement may contain such conditions as SARS deems necessary to secure collection of tax.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Except as provided in subsections (4) and (5), the agreement remains in effect for the term of the agreement.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 SARS may terminate an instalment payment agreement if the taxpayer fails to pay an instalment or to otherwise comply with its terms and a payment prior to the termination of the agreement must be regarded as part payment of the tax debt.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may modify or terminate an instalment payment agreement if satisfied that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the collection of tax is in jeopardy;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the taxpayer has furnished materially incorrect information in applying for the agreement; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the financial condition of the taxpayer has materially changed.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 A termination or modification-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 referred to in subsection (4) or (5)(a) takes effect as at the date stated in the notice of termination or modification sent to the taxpayer; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 referred to in subsection (5)(b) or (c) takes effect 21 business days after notice of the termination or modification is sent to the taxpayer.<\/span><\/p>\n","post_title":"Section 167 (TAA) - Instalment payment agreement","collection_order":305,"collection":598,"post_modified":"2019-03-06 20:11:30","post_date":"2015-10-15 12:12:21"},{"ID":"3126","post_content":"

    168. \u00a0 \u00a0Criteria for instalment payment agreement<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A senior SARS official may enter into an instalment payment agreement only if-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the taxpayer suffers from a deficiency of assets or liquidity which is reasonably certain to be remedied in the future;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the taxpayer anticipates income or other receipts which can be used to satisfy the tax debt;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 prospects of immediate collection activity are poor or uneconomical but are likely to improve in the future;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 collection activity would be harsh in the particular case and the deferral or instalment agreement is unlikely to prejudice tax collection; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 the taxpayer provides the security as may be required by the official.<\/span><\/p>\n","post_title":"Section 168 (TAA) - Criteria for instalment payment agreement","collection_order":306,"collection":598,"post_modified":"2019-03-06 20:11:45","post_date":"2015-10-15 12:12:21"},{"ID":"3128","post_content":"

    CHAPTER 11<\/strong><\/p>\n

    R<\/strong>ECOVERY OF TAX<\/strong><\/p>\n","post_title":"Chapter 11 - Recovery of tax (TAA)","collection_order":307,"collection":598,"post_modified":"2019-03-06 20:12:02","post_date":"2015-10-15 12:12:21"},{"ID":"3130","post_content":"

    Part A<\/strong><\/p>\n

    General<\/strong><\/p>\n","post_title":"Part A - General (TAA)","collection_order":308,"collection":598,"post_modified":"2019-03-06 20:12:18","post_date":"2015-10-15 12:12:21"},{"ID":"3132","post_content":"

    169. \u00a0 \u00a0Debt due to SARS<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 An amount of tax due or payable in terms of a tax Act is a tax debt due to SARS for the benefit of the National Revenue Fund.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A tax debt is recoverable by SARS under this Chapter, and is recoverable from-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 in the case of a representative taxpayer who is not personally liable under section 155<\/a>, any assets belonging to the person represented which are in the representative taxpayer\u2019s possession or under his or her management or control; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 in any other case, any assets of the taxpayer.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 SARS is regarded as the creditor for the purposes of any recovery proceedings related to a tax debt.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 SARS need not recover a tax debt under this Chapter if the amount thereof is less than R100 or any other amount that the Commissioner may determine by public notice, but the amount must be carried forward in the relevant taxpayer account.<\/span><\/p>\n","post_title":"Section 169 (TAA) - Debt due to SARS","collection_order":309,"collection":598,"post_modified":"2019-03-06 20:12:32","post_date":"2015-10-15 12:12:21"},{"ID":"3134","post_content":"

    170. \u00a0 \u00a0Evidence as to assessment<\/span><\/strong><\/p>\n

    <\/p>\n

    The production of a document issued by SARS purporting to be a copy of or an extract from an assessment is conclusive evidence-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 of the making of the assessment; and<\/span><\/p>\n

    <\/p>\n

    (b) except in the case of proceedings on appeal instituted under\u00a0Chapter 9\u00a0against the assessment, that all the particulars of the assessment are correct.<\/span><\/p>\n

    [Paragraph (b<\/em>)\u00a0substituted by\u00a0section 20\u00a0of\u00a0Act 22 of 2018.]<\/span><\/p>\n","post_title":"Section 170 (TAA) - Evidence as to assessment","collection_order":310,"collection":598,"post_modified":"2020-08-29 21:00:38","post_date":"2015-10-15 12:12:21"},{"ID":"3136","post_content":"

    171. \u00a0 \u00a0Period of limitation on collection of tax<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    Proceedings for recovery of a tax debt may not be initiated after the expiration of 15 years from the date the assessment of tax, or a decision referred to in section 104<\/a>(2) giving rise to a tax liability, becomes final.<\/p>\n","post_title":"Section 171 (TAA) - Period of limitation on collection of tax","collection_order":311,"collection":598,"post_modified":"2019-03-06 20:13:03","post_date":"2015-10-15 12:12:21"},{"ID":"3138","post_content":"

    Part B<\/strong><\/p>\n

    Judgment procedure<\/strong><\/p>\n","post_title":"Part B - Judgment procedure (TAA)","collection_order":312,"collection":598,"post_modified":"2019-03-06 20:13:17","post_date":"2015-10-15 12:12:21"},{"ID":"3140","post_content":"

    172. \u00a0 \u00a0Application for civil judgment for recovery of tax<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If a person has an outstanding tax debt, SARS may, after giving the person at least 10 business days\u2019 notice, file with the clerk or registrar of a competent court a certified statement setting out the amount of tax payable and certified by SARS as correct.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS may file the statement irrespective of whether or not the tax debt is subject to an objection or appeal under Chapter 9<\/a>, unless the period referred to in section 164(6) has not expired or the obligation to pay the tax debt has been suspended under section 164<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 SARS is not required to give the taxpayer prior notice under subsection (1) if SARS is satisfied that giving notice would prejudice the collection of the tax.<\/span><\/p>\n","post_title":"Section 172 (TAA) - Application for civil judgment for recovery of tax","collection_order":313,"collection":598,"post_modified":"2019-03-06 20:13:32","post_date":"2015-10-15 12:12:21"},{"ID":"3142","post_content":"

    173.\u00a0 Jurisdiction of Magistrates\u2019 Court in judgment procedure<\/strong><\/p>\n

    \u00a0<\/p>\n

    Despite anything to the contrary in the Magistrates\u2019 Courts Act, 1944 (Act No. 32 of 1944), the certified statement referred to in section 172<\/a> may be filed with the clerk of the Magistrate\u2019s Court that has jurisdiction over the taxpayer named in the statement.<\/p>\n","post_title":"Section 173 (TAA) - Jurisdiction of Magistrates' Court in judgment procedure","collection_order":314,"collection":598,"post_modified":"2019-03-06 20:13:57","post_date":"2015-10-15 12:12:21"},{"ID":"3144","post_content":"

    174. \u00a0 \u00a0Effect of statement filed with clerk or registrar<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A certified statement filed under section 172<\/a> must be treated as a civil judgment lawfully given in the relevant court in favour of SARS for a liquid debt for the amount specified in the statement.<\/p>\n","post_title":"Section 174 (TAA) - Effect of statement filed with clerk or registrar","collection_order":315,"collection":598,"post_modified":"2019-03-06 20:14:11","post_date":"2015-10-15 12:12:21"},{"ID":"3146","post_content":"

    175. \u00a0 \u00a0Amendment of statement filed with clerk or registrar<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS may amend the amount of the tax debt specified in the statement filed under section 172<\/a> if, in the opinion of SARS, the amount in the statement is incorrect.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The amendment of the statement is not effective until it is initialled by the clerk or the registrar of the court concerned.<\/span><\/p>\n","post_title":"Section 175 (TAA) - Amendment of statement filed with clerk or registrar","collection_order":316,"collection":598,"post_modified":"2019-03-06 20:14:27","post_date":"2015-10-15 12:12:21"},{"ID":"3148","post_content":"

    176. \u00a0 \u00a0Withdrawal of statement and reinstitution of proceedings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS may withdraw a certified statement filed under section 172<\/a> by sending a notice of withdrawal to the relevant clerk or registrar upon which the statement ceases to have effect.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS may file a new statement under section 172<\/a> setting out an amount of the tax debt included in a withdrawn statement.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If SARS is satisfied that a person has paid the full amount of the tax debt set out in a certified statement filed under section 172<\/a> and has no other outstanding tax debts, SARS must withdraw the statement if requested by the person in the prescribed form and manner.<\/span><\/p>\n","post_title":"Section 176 (TAA) - Withdrawal of statement and reinstatement of proceedings","collection_order":317,"collection":598,"post_modified":"2019-03-06 20:14:42","post_date":"2015-10-15 12:12:21"},{"ID":"3150","post_content":"

    Part C<\/strong><\/p>\n

    S<\/strong>equestration, liquidation and winding-up proceedings<\/strong><\/p>\n","post_title":"Part C - Sequestration, liquidation and winding-up proceedings (TAA)","collection_order":318,"collection":598,"post_modified":"2019-03-06 20:14:54","post_date":"2015-10-15 12:12:21"},{"ID":"3152","post_content":"

    177. \u00a0 \u00a0Institution of sequestration, liquidation or winding-up proceedings<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0A senior SARS official may authorise the institution of proceedings for the sequestration, liquidation or winding-up of a person for an outstanding tax debt.<\/span><\/p>\n

    [Subsection (1) substituted by section 65 of Act 39 of 2013 effective on 1 October 2012 and section 56 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS may institute the proceedings whether or not the person-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 is present in the Republic; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 has assets in the Republic.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If the tax debt is subject to an objection or appeal under Chapter 9<\/a> or a further appeal against a decision by the tax court under section 129<\/a>, the proceedings may only be instituted with leave of the court before which the proceedings are brought.<\/span><\/p>\n","post_title":"Section 177 (TAA) - Institution of sequestration, liquidation or winding-up proceedings","collection_order":319,"collection":598,"post_modified":"2019-03-06 20:15:09","post_date":"2015-10-15 12:12:21"},{"ID":"3154","post_content":"

    178. \u00a0 \u00a0Jurisdiction of court in sequestration, liquidation or winding-up proceedings<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    Despite any law to the contrary, a proceeding referred to in section 177<\/a> may be instituted in any competent court and that court may grant an order that SARS requests, whether or not the taxpayer is registered, resident or domiciled, or has a place of effective management or a place of business, in the Republic.<\/p>\n","post_title":"Section 178 (TAA) - Jurisdiction of court in sequestration, liquidation or winding-up proceedings","collection_order":320,"collection":598,"post_modified":"2019-03-06 20:15:29","post_date":"2015-10-15 12:12:21"},{"ID":"3156","post_content":"

    Part D<\/strong><\/p>\n

    Collection of tax debt from third parties<\/strong><\/p>\n","post_title":"Part D - Collection of tax debt from third parties (TAA)","collection_order":321,"collection":598,"post_modified":"2019-03-06 20:15:49","post_date":"2015-10-15 12:12:21"},{"ID":"3158","post_content":"

    179. \u00a0 \u00a0Liability of third party appointed to satisfy tax debts<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0A senior SARS official may authorise the issue of a notice to a person who holds or owes or will hold or owe any money, including a pension, salary, wage or other remuneration, for or to a taxpayer, requiring the person to pay the money to SARS in satisfaction of the taxpayer\u2019s outstanding tax debt.<\/span><\/p>\n

    [Subsection (1) substituted by section 66 of Act 39 of 2013 effective on 1 October 2012 and section 57 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A person that is unable to comply with a requirement of the notice, must advise the senior SARS official of the reasons for the inability to comply within the period specified in the notice and the official may withdraw or amend the notice as is appropriate under the circumstances.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A person receiving the notice must pay the money in accordance with the notice and, if the person parts with the money contrary to the notice, the person is personally liable for the money.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 SARS may, on request by a person affected by the notice, amend the notice to extend the period over which the amount must be paid to SARS, to allow the taxpayer to pay the basic living expenses of the taxpayer and his or her dependants.<\/span><\/p>\n


    <\/span><\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0\u00a0SARS may only issue the notice referred to in subsection (1) after delivery to the tax debtor of a final demand for payment which must be delivered at the latest 10 business days before the issue of the notice, which demand must set out the recovery steps that SARS may take if the tax debt is not paid and the available debt relief mechanisms under this Act, including, in respect of recovery steps that may be taken under this section-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0if the tax debtor is a natural person, that the tax debtor may within five business days of receiving the demand apply to SARS for a reduction of the amount to be paid to SARS under subsection (1), based on the basic living expenses of the tax debtor and his or her dependants; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0if the tax debtor is not a natural person, that the tax debtor may within five business days of receiving the demand apply to SARS for a reduction of the amount to be paid to SARS under subsection (1), based on serious financial hardship.<\/span><\/p>\n

    [Subsection (5) added by section 57 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0\u00a0SARS need not issue a final demand under subsection (5) if a senior SARS official is satisfied that to do so would prejudice the collection of the tax debt.<\/span><\/p>\n

    [Subsection (6) added by section 57 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/span><\/p>\n","post_title":"Section 179 (TAA) - Liability of third party appointed to satisfy tax debts","collection_order":322,"collection":598,"post_modified":"2019-03-06 20:16:01","post_date":"2015-10-15 12:12:21"},{"ID":"3160","post_content":"

    180. \u00a0 \u00a0Liability of financial management for tax debts<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A person is personally liable for any outstanding tax debt of the taxpayer to the extent that the person\u2019s negligence or fraud resulted in the failure to pay the tax debt if-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the person controls or is regularly involved in the management of the overall financial affairs of a taxpayer; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a senior SARS official is satisfied that the person is or was negligent or fraudulent in respect of the payment of the tax debts of the taxpayer.<\/span><\/p>\n","post_title":"Section 180 (TAA) - Liability of financial management for tax debts","collection_order":323,"collection":598,"post_modified":"2019-03-06 20:16:20","post_date":"2015-10-15 12:12:21"},{"ID":"3162","post_content":"

    181. \u00a0 \u00a0Liability of shareholders for tax debts<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 This section applies where a company is wound up other than by means of an involuntary liquidation without having satisfied its outstanding tax debt, including its liability as a responsible third party, withholding agent, or a representative taxpayer, employer or vendor.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The persons who are shareholders of the company within one year prior to its winding up are jointly and severally liable to pay the tax debt to the extent that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 they receive assets of the company in their capacity as shareholders within one year prior to its winding-up; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the tax debt existed at the time of the receipt of the assets or would have existed had the company complied with its obligations under a tax Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The liability of the shareholders is secondary to the liability of the company.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 Persons who are liable for the tax debt of a company under this section may avail themselves of any rights against SARS as would have been available to the company.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 This section does not apply-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 in respect of a \u201clisted company\u201d within the meaning of the Income Tax Act<\/a>; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 in respect of a shareholder of a company referred to in paragraph (a).<\/span><\/p>\n","post_title":"Section 181 (TAA) - Liability of shareholders for tax debts","collection_order":324,"collection":598,"post_modified":"2019-03-06 20:16:39","post_date":"2015-10-15 12:12:21"},{"ID":"3164","post_content":"

    182. \u00a0 \u00a0Liability of transferee for tax debts<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person (referred to as a transferee) who receives an asset from a taxpayer who is a connected person in relation to the transferee without consideration or for consideration below the fair market value of the asset is liable for the outstanding tax debt of the taxpayer.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2) \u00a0 \u00a0 The liability is limited to the lesser of-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the tax debt that existed at the time of the receipt of the asset or would have existed had the transferor complied with the transferor\u2019s obligations under a tax Act; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the fair market value of the asset at the time of the transfer, reduced by the fair market value of any consideration paid, at the time of payment.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Subsection (1) applies only to an asset received by the transferee within one year before SARS notifies the transferee of liability under this section.<\/span><\/p>\n","post_title":"Section 182 (TAA) - Liability of transferee for tax debts","collection_order":325,"collection":598,"post_modified":"2019-03-06 20:16:53","post_date":"2015-10-15 12:12:21"},{"ID":"3166","post_content":"

    183. \u00a0 \u00a0Liability of person assisting in dissipation of assets<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    If a person knowingly assists in dissipating a taxpayer\u2019s assets in order to obstruct the collection of a tax debt of the taxpayer, the person is jointly and severally liable with the taxpayer for the tax debt to the extent that the person\u2019s assistance reduces the assets available to pay the taxpayer\u2019s tax debt.<\/p>\n","post_title":"Section 183 (TAA) - Liability of person assisting in dissipation of assets","collection_order":326,"collection":598,"post_modified":"2019-03-06 20:17:05","post_date":"2015-10-15 12:12:21"},{"ID":"3168","post_content":"

    184. \u00a0 \u00a0Recovery of tax debts from other persons<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS has the same powers of recovery against the assets of a person who is personally liable under section 155<\/a>, 157<\/a> or this Part as SARS has against the assets of the taxpayer and the person has the same rights and remedies as the taxpayer has against such powers of recovery.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS must provide a person referred to in subsection (1) with an opportunity to make representations-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 before the person is held liable for the tax debt of the taxpayer in terms of section 155<\/a>, 157<\/a>, 179<\/a>, 180<\/a>, 181<\/a>, 182<\/a> or 183<\/a>, if this will not place the collection of tax in jeopardy; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 as soon as practical after the person is held liable for the tax debt of the taxpayer in terms of section 155<\/a>, 157<\/a>, 179<\/a>, 180<\/a>, 181<\/a>, 182<\/a> or 183<\/a>.<\/span><\/p>\n","post_title":"Section 184 (TAA) - Recovery of tax debts from other persons","collection_order":327,"collection":598,"post_modified":"2019-03-06 20:17:21","post_date":"2015-10-15 12:12:21"},{"ID":"3170","post_content":"

    Part E<\/strong><\/p>\n

    Assisting foreign governments<\/strong><\/p>\n","post_title":"Part E - Assisting foreign governments (TAA)","collection_order":328,"collection":598,"post_modified":"2019-03-06 20:17:35","post_date":"2015-10-15 12:12:21"},{"ID":"3172","post_content":"

    185. \u00a0 \u00a0Tax recovery on behalf of foreign governments<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If SARS has, in accordance with an international tax agreement, received-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0a request for conservancy of an amount alleged to be due by a person under the tax laws of the other country where there is a risk of dissipation or concealment of assets by the person, a senior SARS official may authorise an application for a preservation order under\u00a0section 163<\/a>\u00a0as if the amount were a tax payable by the person under a tax Act; or<\/span><\/p>\n

    [Paragraph (a) substituted by section 58 of Act 23 of 2015 effective on 1 October 2012]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a request for the collection from a person of an amount alleged to be due by the person under the tax laws of the other country, a senior SARS official may, by notice, call upon the person to state, within a period specified in the notice, whether or not the person admits liability for the amount or for a lesser amount.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A request described in subsection (1) must be in the prescribed form and must include a formal certificate issued by the competent authority of the other country stating-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the amount of the tax due;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 whether the liability for the amount is disputed in terms of the laws of the other country;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 if the liability for the amount is so disputed, whether such dispute has been entered into solely to delay or frustrate collection of the amount alleged to be due; and<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 whether there is a risk of dissipation or concealment of assets by the person.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 In any proceedings, a certificate referred to in subsection (2) is-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 conclusive proof of the existence of the liability alleged; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 prima facie<\/em> proof of the other statements contained therein.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 If, in response to the notice issued under subsection (1)(b), the person-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 admits liability;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 fails to respond to the notice; or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 denies liability but a senior SARS official, based on the statements in the certificate described in subsection (2) or, if necessary, after consultation with the competent authority of the other country, is satisfied that-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 the liability for the amount is not disputed in terms of the laws of the other country;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 although the liability for the amount is disputed in terms of the laws of the other country, such dispute has been entered into solely to delay or frustrate collection of the amount alleged to be due; or<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0 there is a risk of dissipation or concealment of assets by the person,<\/span><\/p>\n

    <\/p>\n

    the official may, by notice, require the person to pay the amount for which the person has admitted liability or the amount specified, on a date specified, for transmission to the competent authority in the other country.<\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 If the person fails to comply with the notice under subsection (4), SARS may recover the amount in the certificate for transmission to the foreign authority as if it were a tax payable by the person under a tax Act.<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 No steps taken in assistance in collection by any other country under an international tax agreement for the collection of an amount alleged to be due by a person under a tax Act, including a judgment given against a person in the other country for the amount in pursuance of the agreement, may affect the person\u2019s right to have the liability for the amount determined in the Republic in accordance with the relevant law.<\/span><\/p>\n","post_title":"Section 185 (TAA) - Tax recovery on behalf of foreign governments","collection_order":329,"collection":598,"post_modified":"2019-03-06 20:17:53","post_date":"2015-10-15 12:12:21"},{"ID":"3174","post_content":"

    Part F<\/strong><\/p>\n

    Remedies with respect to foreign assets<\/strong><\/p>\n","post_title":"Part F - Remedies with respect to foreign assets (TAA)","collection_order":330,"collection":598,"post_modified":"2019-03-06 20:18:11","post_date":"2015-10-15 12:12:21"},{"ID":"3176","post_content":"

    186. \u00a0 \u00a0Compulsory repatriation of foreign assets of taxpayer<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 To collect an outstanding tax debt, a senior SARS official may apply for an order referred to in subsection (2), if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the taxpayer concerned does not have sufficient assets located in the Republic to satisfy the tax debt in full; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the senior SARS official believes that the taxpayer-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 has assets outside the Republic; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 has transferred assets outside the Republic for no consideration or for consideration less than the fair market value,<\/span><\/p>\n

    \u00a0<\/p>\n

    which may fully or partly satisfy the tax debt.<\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may apply to the High Court for an order compelling the taxpayer to repatriate assets located outside the Republic within a period prescribed by the court in order to satisfy the tax debt.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 In addition to issuing the order described in subsection (2), the court may-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 limit the taxpayer\u2019s right to travel outside the Republic and require the taxpayer to surrender his or her passport to SARS;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 withdraw a taxpayer\u2019s authorisation to conduct business in the Republic, if applicable;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 require the taxpayer to cease trading; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 issue any other order it deems fit.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 An order made under subsection (2) applies until the tax debt has been satisfied or the assets have been repatriated and utilised in satisfaction of the tax debt.<\/span><\/p>\n","post_title":"Section 186 (TAA) - Compulsory repatriation of foreign assets of taxpayer","collection_order":331,"collection":598,"post_modified":"2019-03-06 20:18:33","post_date":"2015-10-15 12:12:21"},{"ID":"3178","post_content":"

    CHAPTER 12<\/strong><\/p>\n

    INTEREST<\/strong><\/p>\n","post_title":"Chapter 12 - Interest (TAA)","collection_order":332,"collection":598,"post_modified":"2019-03-06 20:18:48","post_date":"2015-10-15 12:12:21"},{"ID":"3180","post_content":"

    187. \u00a0 \u00a0General interest rules<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0If a tax debt or refund payable by SARS is not paid in full by the effective date, interest accrues, and is payable, on the amount of the outstanding balance of the tax debt or refund-<\/span><\/p>\n

    [Words preceding paragraph (a) substituted by section 59 of Act 23 of 2015 effective on 1 October 2012]<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 at the rate provided under section 189<\/a>; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 for the period provided under section 188<\/a>.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0<\/span>Interest payable under a tax Act is calculated on-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the daily balance owing; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the daily balance owing and compounded monthly, which method of determining interest will apply to a tax type from the date the Commissioner prescribes it by public notice.<\/span>\u00a0<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The effective date for purposes of the calculation of interest in relation to-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 tax other than income tax or estate duty for any tax period, is the date by which tax for the tax period is due and payable under a tax Act;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 income tax for any year of assessment, is the date falling seven months after the last day of that year in the case of a taxpayer that has a year of assessment ending on the last day of February, and six months in any other case;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 estate duty for any period, is the earlier of the date of assessment or 12 months after the date of death;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 a fixed amount penalty referred to in section 210<\/a>, is the date of assessment of the penalty, and in relation to an increment of the penalty under section 211<\/a>(2), the date of the increment;<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0a percentage based penalty referred to in\u00a0section 213<\/a>, is the date by which tax for the tax period should have been paid;<\/span><\/p>\n

    [Paragraph (e) amended by section 59 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0an understatement penalty, is the effective date for the tax understated;<\/span><\/p>\n

    [Paragraph (f) amended by section 59(1)(b) of Act 23 of 2015 and by section 31(a) of Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0\u00a0an outstanding tax debt referred to in section 190<\/a>(5), is the date of payment of a refund which is not properly payable under a tax Act; and<\/span><\/p>\n

    [Paragraph (g) added by section 59(1)(b) of Act 23 of 2015 and amended by section 31(b) of Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0\u00a0an erroneous payment referred to in section 190<\/a>(1)(b), is the date 30 days after the date that the payment was made.<\/span><\/p>\n

    [Paragraph (h)\u00a0added by\u00a0section\u00a031(c)\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The effective date in relation to an additional assessment or reduced assessment is the effective date in relation to the tax payable under the original assessment.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 The effective date in relation to a jeopardy assessment is the date for payment specified in the jeopardy assessment.<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 If a senior SARS official is satisfied that interest payable by a taxpayer under subsection (1) is payable as a result of circumstances beyond the taxpayer\u2019s control, the official may, unless prohibited by a tax Act, direct that so much of the interest as is attributable to the circumstances is not payable by the taxpayer.<\/span><\/p>\n

    <\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 The circumstances referred to in subsection (6) are limited to-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a natural or human-made disaster;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a civil disturbance or disruption in services; or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 a serious illness or accident.<\/span><\/p>\n

    \u00a0<\/span><\/p>\n

    (8)\u00a0\u00a0\u00a0\u00a0\u00a0SARS may not make a direction that interest is not payable under subsection (6) after the expiry of three years, in the case of an assessment by SARS, or five years, in the case of self-assessment, from the date of assessment of the tax in respect of which the interest accrued.<\/span><\/p>\n

    [Subsection (8) added by section 59 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 187 (TAA) - General interest rules","collection_order":333,"collection":598,"post_modified":"2022-02-19 20:07:56","post_date":"2015-10-15 12:12:21"},{"ID":"3182","post_content":"

    188. \u00a0 \u00a0Period over which interest accrues<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Unless otherwise provided in a tax Act, interest payable under section 187<\/a> is imposed for the period from the effective date of the tax to the date the tax is paid.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Interest payable in respect of the-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0first payment of provisional tax, is imposed from the effective date for the first payment of provisional tax until the earlier of the date on which the payment is made or the effective date for the second payment of provisional tax;<\/span><\/p>\n

    [Paragraph (a)\u00a0amended by\u00a0section\u00a032(a)\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0second payment of provisional tax, is imposed from the effective date for the second payment of provisional tax until the earlier of the date on which the payment is made or the effective date for income tax for the relevant year of assessment;<\/span><\/p>\n

    [Paragraph (b)\u00a0amended by\u00a0section\u00a032(b)\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0the first payment under section 5(1) or 5A of the Mineral and Petroleum Resources Royalty (Administration) Act 2008 (Act 29 of 2008), is imposed from the effective date for the first payment until the earlier of the date on which the payment is made or the effective date for the second payment under section 5(2) or 5A of that Act for the relevant year of assessment; and<\/span><\/p>\n

    [Paragraph (c)\u00a0added by\u00a0section\u00a032(c)\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0the second payment under section 5(2) or 5A of the Mineral and Petroleum Resources Royalty (Administration) Act 2008 (Act 29 of 2008), is imposed from the effective date for the second payment until the earlier of the date on which the payment is made or the effective date for mineral and petroleum resources royalty under section 6(2) of that Act for the relevant year of assessment.<\/span><\/p>\n

    [Paragraph (d)\u00a0added by\u00a0section\u00a032(c)\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Unless otherwise provided under a tax Act-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 interest on an amount refundable under section 190<\/a> is calculated from the later of the effective date or the date that the excess was received by SARS to the date the refunded tax is paid; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 for this purpose, if a refund is offset against a liability of the taxpayer under section 191<\/a>, the date on which the offset is effected is considered to be the date of payment of the refund.<\/span><\/p>\n","post_title":"Section 188 (TAA) - Period over which interest accrues","collection_order":334,"collection":598,"post_modified":"2022-02-19 20:08:05","post_date":"2015-10-15 12:12:21"},{"ID":"3184","post_content":"

    189. \u00a0 \u00a0<\/strong>Rate at which interest is charged<\/strong><\/span><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The rate at which interest is payable under section 187<\/a> is the prescribed rate.<\/span><\/p>\n

    <\/p>\n

    (2) \u00a0\u00a0\u00a0\u00a0In the case of interest payable with respect to refunds on assessment of provisional tax and employees\u2019 tax for purposes of final assessment of income tax or of mineral and petroleum resources royalty paid for the relevant year of assessment, the rate payable by SARS is four percentage points below the prescribed rate.<\/span><\/p>\n

    [Subsection (2)\u00a0substituted by\u00a0section\u00a033\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The prescribed rate is the interest rate that the Minister may from time to time fix by notice in the Gazette<\/em> under section 80(1)(b) of the Public Finance Management Act, 1999 (Act No. 1 of 1999).<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 If the Minister fixes a different interest rate referred to in subsection (3) the new rate comes into operation on the first day of the second month following the month in which the new rate becomes effective for purposes of the Public Finance Management Act, 1999.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 If interest is payable under this Chapter and the rate at which the interest is payable has with effect from any date been altered, and the interest is payable in respect of any period or portion thereof which commenced before the said date, the interest to be determined in respect of-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the period or portion thereof which ended immediately before the said date; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the portion of the period which was completed before the said date,<\/span><\/p>\n

    <\/p>\n

    must be calculated as if the rate had not been altered.<\/p>\n","post_title":"Section 189 (TAA) - Rate at which interest is charged","collection_order":335,"collection":598,"post_modified":"2022-02-19 20:08:34","post_date":"2015-10-15 12:12:21"},{"ID":"3186","post_content":"

    CHAPTER 13<\/strong><\/p>\n

    REFUNDS<\/strong><\/p>\n","post_title":"Chapter 13 - Refunds (TAA)","collection_order":336,"collection":598,"post_modified":"2019-03-06 20:19:45","post_date":"2015-10-15 12:12:21"},{"ID":"3188","post_content":"

    190. \u00a0 \u00a0Refunds of excess payments<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0SARS must pay a refund if a person is entitled to a refund, including interest thereon under\u00a0section 188<\/a>(3)(a), of-<\/span><\/p>\n

    [Words preceding paragraph (a) substituted by section 60 of Act 23 of 2015 effective on 1 October 2012]<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 an amount properly refundable under a tax Act and if so reflected in an assessment; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the amount erroneously paid in respect of an assessment in excess of the amount payable in terms of the assessment.<\/span><\/p>\n

    <\/p>\n

    (2) \u00a0\u00a0\u00a0\u00a0SARS need not authorise a refund as referred to in subsection (1) until such time that a verification, inspection, audit or criminal investigation of the refund in accordance with Chapter 5<\/a> has been finalised.<\/span><\/p>\n

    [Subsection (2)\u00a0substituted by\u00a0section\u00a034(a)\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (3) \u00a0\u00a0\u00a0\u00a0SARS must authorise the payment of a refund before the finalisation of the verification, inspection, audit or criminal investigation if security in a form acceptable to a senior SARS official is provided by the taxpayer.<\/span><\/p>\n

    [Subsection (3)\u00a0substituted by\u00a0section\u00a034(b)\u00a0of\u00a0Act 24 of 2020]<\/span><\/p>\n

    <\/p>\n

    (4) \u00a0\u00a0\u00a0\u00a0\u00a0An amount under subsection (1)(b) is regarded as a payment to the National Revenue Fund unless a refund is made in the case of\u2014<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0an assessment by SARS, within three years from the later of the date of the assessment or the erroneous payment;<\/span><\/p>\n

    [Paragraph (a)\u00a0amended by\u00a0section 21(a)\u00a0of\u00a0Act 22 of 2018]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0self-assessment, within five years from the later of the date the return had to be submitted or, if no return is required, payment had to be made in terms of the relevant tax Act or the erroneous payment was made; or<\/span><\/p>\n

    [Paragraph (b)\u00a0amended by\u00a0section 21(b)\u00a0of\u00a0Act 22 of 2018]<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0an erroneous payment claimed by a taxpayer within the period referred to in paragraph (a) or (b), but not paid by SARS within the period.<\/span><\/p>\n

    [Paragraph (c) added by section 21(c) of Act 22 of 2018]<\/span><\/span><\/p>\n

    [Subsection (4) substituted by section 53 of Act 44 of 2014 and by section 60(1)(b) of Act 23 of 2015]<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 If SARS pays to a person by way of a refund any amount which is not properly payable to the person under a tax Act, the amount, including interest thereon under\u00a0section 187<\/a>(1), is regarded as an outstanding tax debt from the date on which it is paid to the person.<\/span><\/p>\n

    [Subsection (5) substituted by section 71 of Act 39 of 2013 effective on 1 October 2012 and by section 60 of Act 23 of 2015 effective on 1 October 2012]<\/span><\/p>\n

    <\/p>\n

    (5A)\u00a0 If a person who carries on the \u2018business of a bank\u2019 as defined in the Banks Act, 1990 (Act No. 94 of 1990), holds an account on behalf of a client into which an amount referred to in subsection (5) is deposited, reasonably suspects that the payment of the amount is related to a tax offence, the person must immediately report the suspicion to SARS in the prescribed form and manner and not proceed with the carrying out of any transaction in respect of the amount for a period not exceeding two business days unless-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 SARS or a High Court directs otherwise; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 SARS issues a notice under section 179<\/a>.<\/span><\/p>\n

    [Subsection (5A) inserted by section 60 of Act 23 of 2015 and substituted by section 28 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0\u00a0A decision not to authorise a refund under subsection (1)(b) is subject to objection and appeal.<\/span><\/p>\n

    [Subsection (6) substituted by section 60 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 190 (TAA) - Refunds of excess payments","collection_order":337,"collection":598,"post_modified":"2022-02-19 20:08:27","post_date":"2015-10-15 12:12:21"},{"ID":"3190","post_content":"

    191. \u00a0 \u00a0Refunds subject to set-off and deferral<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0An amount refundable under section 190<\/a>, including interest thereon under section 188<\/a>(3)(a), must be treated as a payment by the taxpayer that is recorded in the taxpayer\u2019s account under section 165<\/a>, of an outstanding tax debt, if any, and any remaining amount must be set off against any outstanding debt under customs and excise legislation.<\/span><\/p>\n

    [Subsection (1) substituted by section 61 of Act 23 of 2015 and by section 39 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Subsection (1) does not apply to a tax debt-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 for which the period referred to in section 164<\/a>(6) has not expired or suspension of payment under section 164<\/a> exists; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 in respect of which an instalment payment agreement under section 167<\/a> or a compromise agreement under section 204<\/a> applies.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 An amount is not refundable if the amount is less than R100 or any other amount that the Commissioner may determine by public notice, but the amount must be carried forward in the taxpayer account.<\/span><\/p>\n","post_title":"Section 191 (TAA) - Refunds subject to set-off and deferral","collection_order":338,"collection":598,"post_modified":"2021-02-20 20:47:31","post_date":"2015-10-15 12:12:21"},{"ID":"3192","post_content":"

    CHAPTER 14<\/strong><\/p>\n

    WRITE OFF OR<\/strong>\u00a0COMPROMISE OF TAX DEBTS<\/strong><\/p>\n","post_title":"Chapter 14 - Write off or compromise of tax debts (TAA)","collection_order":339,"collection":598,"post_modified":"2019-03-06 20:20:25","post_date":"2015-10-15 12:12:21"},{"ID":"3194","post_content":"

    Part A<\/strong><\/p>\n

    Gen<\/strong>eral provisions<\/strong><\/p>\n","post_title":"Part A - General provisions (TAA)","collection_order":340,"collection":598,"post_modified":"2019-03-06 20:20:37","post_date":"2015-10-15 12:12:21"},{"ID":"3196","post_content":"

    192. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    In this Chapter, unless the context indicates otherwise, the following terms, if in single quotation marks, have the following meanings:<\/p>\n","post_title":"Section 192 (TAA) - Definitions","collection_order":341,"collection":598,"post_modified":"2019-03-06 20:20:49","post_date":"2015-10-15 12:12:21"},{"ID":"3198","post_content":"

    \u2018Companies Act\u2019<\/strong> means the Companies Act, 2008 (Act No. 71 of 2008);<\/p>\n","post_title":"\"Companies Act\" definition of section 192 of TAA","collection_order":342,"collection":598,"post_modified":"2017-05-26 12:03:48","post_date":"2015-10-15 12:12:21"},{"ID":"3200","post_content":"

    \u2018compromise\u2019<\/strong> means an agreement entered into between SARS and a \u2018debtor\u2019 in respect of a tax debt in terms of which-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the \u2018debtor\u2019 undertakes to pay an amount which is less than the full amount of the tax debt due by that \u2018debtor\u2019 in full satisfaction of the tax debt; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 SARS undertakes to permanently \u2018write off\u2019 the remaining portion of the tax debt on the condition that the \u2018debtor\u2019 complies with the undertaking referred to in paragraph (a) and any further conditions as may be imposed by SARS;<\/span><\/p>\n","post_title":"\"Compromise\" definition of section 192 of TAA","collection_order":343,"collection":598,"post_modified":"2017-05-26 12:03:55","post_date":"2015-10-15 12:12:21"},{"ID":"3202","post_content":"

    \u2018debtor\u2019<\/strong> means a taxpayer with a tax debt; and<\/p>\n","post_title":"\"Debtor\" definition of section 192 of TAA","collection_order":344,"collection":598,"post_modified":"2017-05-26 12:03:58","post_date":"2015-10-15 12:12:21"},{"ID":"3204","post_content":"

    \u2018write off\u2019<\/strong> means to reverse an outstanding tax debt either in whole or in part.<\/p>\n","post_title":"\"Write off\" definition of section 192 of TAA","collection_order":345,"collection":598,"post_modified":"2017-05-26 12:04:04","post_date":"2015-10-15 12:12:21"},{"ID":"3207","post_content":"

    193. \u00a0 \u00a0Purpose of Chapter<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 As a general rule, it is the duty of SARS to assess and collect all tax debts according to a tax Act and not to forgo any tax debts.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS may, when required by circumstances, deviate from the strictness and rigidity of the general rule referred to in subsection (1) if it would be to the best advantage of the State.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The purpose of this Chapter is to prescribe the circumstances under which SARS may deviate from the general rule and take a decision to \u2018write off\u2019 a tax debt or not to pursue its collection.<\/span><\/p>\n","post_title":"Section 193 (TAA) - Purpose of Chapter","collection_order":346,"collection":598,"post_modified":"2019-03-06 20:21:11","post_date":"2015-10-15 12:12:21"},{"ID":"3209","post_content":"

    194. \u00a0 \u00a0Application of Chapter<\/span><\/strong><\/p>\n

    <\/p>\n

    Parts C and D of this Chapter apply only in respect of a tax debt owed by a \u2018debtor\u2019<\/strong> if the liability to pay the tax debt is not disputed under\u00a0Chapter 9<\/a>\u00a0by the \u2018debtor\u2019<\/strong>.<\/p>\n

    [Section 194 substituted by section 54 of Act 44 of 2014 and section 60 of Act 16 of 2016 effective on 1 October 2012]<\/span><\/p>\n","post_title":"Section 194 (TAA) - Application of Chapter","collection_order":347,"collection":598,"post_modified":"2019-03-06 20:21:26","post_date":"2015-10-15 12:12:21"},{"ID":"3211","post_content":"

    Part B<\/strong><\/p>\n

    Temporary write off of tax debt<\/strong><\/p>\n","post_title":"Part B - Temporary write off of tax debts (TAA)","collection_order":348,"collection":598,"post_modified":"2019-03-06 20:21:40","post_date":"2015-10-15 12:12:21"},{"ID":"3213","post_content":"

    195. \u00a0 \u00a0Temporary write off of tax debt<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may decide to temporarily \u201cwrite off\u201d<\/strong> an amount of tax debt-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 if satisfied that the tax debt is uneconomical to pursue as described in section 196<\/a> at that time; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 for the duration of the period that the \u201cdebtor\u201d<\/strong> is subject to business rescue proceedings under Chapter 6 of the \u201cCompanies Act\u201d<\/strong>, as referred to in section 132 of that Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A decision by the senior SARS official to temporarily \u2018write off\u2019 an amount of tax debt does not absolve the \u2018debtor\u2019 from the liability for that tax debt.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may at any time withdraw the decision to temporarily \u2018write off\u2019 a tax debt if satisfied that the tax debt is no longer uneconomical to pursue as referred to in section 196<\/a> and that the decision to temporarily \u2018write off\u2019 would jeopardise the general tax collection effort.<\/span><\/p>\n","post_title":"Section 195 (TAA) - Temporary write off of tax debt","collection_order":349,"collection":598,"post_modified":"2019-03-06 20:21:55","post_date":"2015-10-15 12:12:21"},{"ID":"3215","post_content":"

    196. \u00a0 \u00a0Tax debt uneconomical to pursue<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A tax debt is uneconomical to pursue if a senior SARS official is satisfied that the total cost of recovery of that tax debt will in all likelihood exceed the anticipated amount to be recovered in respect of the outstanding tax debt.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 In determining whether the cost of recovery is likely to exceed the anticipated amount to be recovered as referred to in subsection (1), a senior SARS official must have regard to-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the amount of the tax debt;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the length of time that the tax debt has been outstanding;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the steps taken to date to recover the tax debt and the costs involved in those steps, including steps taken to locate or trace the \u2018debtor\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the likely costs of continuing action to recover the tax debt and the anticipated return from that action, including the likely recovery of costs that may be awarded to SARS;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 the financial position of the \u2018debtor\u2019, including that \u2018debtor\u2019s\u2019 assets and liabilities, cash flow, and possible future income streams; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 any other information available with regard to the recoverability of the tax debt.<\/span><\/p>\n","post_title":"Section 196 (TAA) - Tax debt uneconomical to pursue","collection_order":350,"collection":598,"post_modified":"2019-03-06 20:22:12","post_date":"2015-10-15 12:12:21"},{"ID":"3217","post_content":"

    Part C<\/strong><\/p>\n

    Permanent write off of tax debt<\/strong><\/p>\n","post_title":"Part C - Permanent write off of tax debt (TAA)","collection_order":351,"collection":598,"post_modified":"2019-03-06 20:22:24","post_date":"2015-10-15 12:12:21"},{"ID":"3219","post_content":"

    197. \u00a0 \u00a0Permanent write off of tax debt<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may authorise the permanent \u2018write off\u2019 of an amount of tax debt-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 to the extent satisfied that the tax debt is irrecoverable at law as referred to in section 198<\/a>; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 if the debt is \u2018compromised\u2019 in terms of Part D<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS must notify the \u2018debtor\u2019 in writing of the amount of tax debt \u2018written off\u2019.<\/span><\/p>\n","post_title":"Section 197 (TAA) - Permanent write off of tax debt","collection_order":352,"collection":598,"post_modified":"2019-03-06 20:22:44","post_date":"2015-10-15 12:12:21"},{"ID":"3221","post_content":"

    198. \u00a0 \u00a0Tax debt irrecoverable at law<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A tax debt is irrecoverable at law if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 it cannot be recovered by action and judgment of a court; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 it is owed by a \u2018debtor\u2019 that is in liquidation or sequestration and it represents the balance outstanding after notice is given by the liquidator or trustee that no further dividend is to be paid or a final dividend has been paid to the creditors of the estate; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 it is owed by a \u2018debtor\u2019 that is subject to a business rescue plan referred to in Part D of Chapter 6 of the \u2018Companies Act\u2019, to the extent that it is not enforceable in terms of section 154 of that Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A tax debt is not irrecoverable at law if SARS has not first explored action against or recovery from the assets of the persons who may be liable for the debt under Part D<\/a> of Chapter 11<\/a>.<\/span><\/p>\n","post_title":"Section 198 (TAA) - Tax debt irrecoverable at law","collection_order":353,"collection":598,"post_modified":"2019-03-06 20:23:19","post_date":"2015-10-15 12:12:21"},{"ID":"3223","post_content":"

    199. \u00a0 \u00a0Procedure for writing off tax debt<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Before deciding to \u2018write off\u2019 a tax debt, a senior SARS official must-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 determine whether there are any other tax debts owing to SARS by the \u2018debtor\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 reconcile amounts owed by and to the \u2018debtor\u2019, including penalties, interest and costs;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 obtain a breakdown of the tax debt and the periods to which the outstanding amounts relate; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 document the history of the recovery process and the reasons for deciding to \u2018write off\u2019 the tax debt.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 In deciding whether to support a business rescue plan referred to in Part D of Chapter 6 of the \u2018Companies Act\u2019 or \u2018compromise\u2019 made to creditors under section 155 of the \u2018Companies Act\u2019 a senior SARS official must, in addition to considering the information as referred to in section 150 or 155 of that Act, take into account the information and aspects covered in the provisions of sections 200<\/a>, 201<\/a>(1), 202<\/a> and 203<\/a> with the necessary changes.<\/span><\/p>\n","post_title":"Section 199 (TAA) - Procedure for writing off tax debt","collection_order":354,"collection":598,"post_modified":"2019-03-06 20:23:35","post_date":"2015-10-15 12:12:20"},{"ID":"3225","post_content":"

    Part D<\/strong><\/p>\n

    Compromise of tax debt<\/strong><\/p>\n","post_title":"Part D - Compromise of tax debt (TAA)","collection_order":355,"collection":598,"post_modified":"2019-03-06 20:23:51","post_date":"2015-10-15 12:12:20"},{"ID":"3227","post_content":"

    200. \u00a0 \u00a0Compromise of tax debt<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A senior SARS official may authorise the \u2018compromise\u2019 of a portion of a tax debt upon request by a \u2018debtor\u2019, which complies with the requirements of section 201<\/a>, if-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the purpose of the \u2018compromise\u2019 is to secure the highest net return from the recovery of the tax debt; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the \u2018compromise\u2019 is consistent with considerations of good management of the tax system and administrative efficiency.<\/span><\/p>\n","post_title":"Section 200 (TAA) - Compromise of tax debt","collection_order":356,"collection":598,"post_modified":"2019-03-06 20:24:04","post_date":"2015-10-15 12:12:20"},{"ID":"3229","post_content":"

    201. \u00a0 \u00a0Request by debtor for compromise of tax debt<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A request by a \u2018debtor\u2019 for a tax debt to be \u2018compromised\u2019 must be signed by the \u2018debtor\u2019 and be supported by a detailed statement setting out-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the assets and liabilities of the \u2018debtor\u2019 reflecting their current fair market value;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the amounts received by or accrued to, and expenditure incurred by, the \u2018debtor\u2019 during the 12 months immediately preceding the request;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the assets which have been disposed of in the preceding three years, or such longer period as a senior SARS official deems appropriate, together with their value, the consideration received or accrued, the identity of the person who acquired the assets and the relationship between the \u2018debtor\u2019 and the person who acquired the assets, if any;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the \u2018debtor\u2019s\u2019 future interests in any assets, whether certain or contingent or subject to the exercise of a discretionary power by another person;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 the assets over which the \u2018debtor\u2019, either alone or with other persons, has a direct or indirect power of appointment or disposal, whether as trustee or otherwise;<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 details of any connected person in relation to that \u2018debtor\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0 the \u2018debtor\u2019s\u2019 present sources and level of income and the anticipated sources and level of income for the next three years, with an outline of the \u2018debtor\u2019s\u2019 financial plans for the future; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0 the \u2018debtor\u2019s\u2019 reasons for seeking a \u2018compromise\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The request must be accompanied by the evidence supporting the \u2018debtor\u2019s\u2019 claims for not being able to make payment of the full amount of the tax debt.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The \u2018debtor\u2019 must warrant that the information provided in the application is accurate and complete.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may require that the application be supplemented by such further information as may be required.<\/span><\/p>\n","post_title":"Section 201 (TAA) - Request by debtor for compromise of tax debt","collection_order":357,"collection":598,"post_modified":"2019-03-06 20:24:20","post_date":"2015-10-15 12:12:20"},{"ID":"3231","post_content":"

    202. \u00a0 \u00a0Consideration of request to compromise tax debt<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 In considering a request for a \u2018compromise\u2019, a senior SARS official must have regard to the extent that the \u2018compromise\u2019 may result in-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 savings in the costs of collection;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 collection at an earlier date than would otherwise be the case without the \u2018compromise\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 collection of a greater amount than would otherwise have been recovered; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the abandonment by the \u2018debtor\u2019 of some claim or right, which has a monetary value, arising under a tax Act, including existing or future tax benefits, such as carryovers of losses, deductions, credits and rebates.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 In determining the position without the \u2018compromise\u2019, a senior SARS official must have regard to-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the value of the \u2018debtor\u2019s\u2019 present assets;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 future prospects of the \u2018debtor\u2019, including arrangements which have been implemented or are proposed which may have the effect of diverting income or assets that may otherwise accrue to or be acquired by the \u2018debtor\u2019 or a connected person in relation to the \u2018debtor\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 past transactions of the \u2018debtor\u2019; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the position of any connected person in relation to the \u2018debtor\u2019.<\/span><\/p>\n","post_title":"Section 202 (TAA) - Consideration of request to compromise tax debt","collection_order":358,"collection":598,"post_modified":"2019-03-06 20:24:38","post_date":"2015-10-15 12:12:20"},{"ID":"3233","post_content":"

    203. \u00a0 \u00a0Circumstances where not appropriate to compromise tax debt<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A senior SARS official may not \u2018compromise\u2019 any amount of a tax debt under section 200<\/a> if-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the \u2018debtor\u2019 was a party to an agreement with SARS to \u2018compromise\u2019 an amount of tax debt within the period of three years immediately before the request for the \u2018compromise\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the tax affairs of the \u2018debtor\u2019 (other than the outstanding tax debt) are not up to date;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 another creditor has communicated its intention to initiate or has initiated liquidation or sequestration proceedings;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the \u2018compromise\u2019 will prejudice other creditors (unless the affected creditors consent to the \u2018compromise\u2019) or if other creditors will be placed in a position of advantage relative to SARS;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 it may adversely affect broader taxpayer compliance; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 the \u2018debtor\u2019 is a company or a trust and SARS has not first explored action against or recovery from the personal assets of the persons who may be liable for the debt under Part D<\/a> of Chapter 11<\/a>.<\/span><\/p>\n","post_title":"Section 203 (TAA) - Circumstances where not appropriate to compromise tax debt","collection_order":359,"collection":598,"post_modified":"2019-03-06 20:24:58","post_date":"2015-10-15 12:12:20"},{"ID":"3235","post_content":"

    204. \u00a0 \u00a0Procedure for compromise of tax debt<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 To \u2018compromise\u2019 a tax debt, a senior SARS official and the \u2018debtor\u2019 must sign an agreement setting out-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the amount payable by the \u2018debtor\u2019 in full satisfaction of the debt;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the undertaking by SARS not to pursue recovery of the balance of the tax debt; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the conditions subject to which the tax debt is \u2018compromised\u2019 by SARS.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The conditions referred to in subsection (1)(c) may include a requirement that the \u2018debtor\u2019 must-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 comply with subsequent obligations imposed in terms of a tax Act;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 pay the tax debt in the manner prescribed by SARS; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 give up specified existing or future tax benefits, such as carryovers of losses, deductions, credits and rebates.<\/span><\/p>\n","post_title":"Section 204 (TAA) - Procedure for compromise of tax debt","collection_order":360,"collection":598,"post_modified":"2019-03-06 20:25:14","post_date":"2015-10-15 12:12:20"},{"ID":"3238","post_content":"

    205. \u00a0 \u00a0SARS not bound by compromise of tax debt<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    SARS is not bound by a \u2018compromise\u2019 if-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the \u2018debtor\u2019 fails to disclose a material fact to which the \u2018compromise\u2019 relates;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the \u2018debtor\u2019 supplies materially incorrect information to which the \u2018compromise\u2019 relates;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the \u2018debtor\u2019 fails to comply with a provision or condition contained in the agreement referred to in section 204<\/a>; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the \u2018debtor\u2019 is liquidated or the \u2018debtor\u2019s\u2019 estate is sequestrated before the \u2018debtor\u2019 has fully complied with the conditions contained in the agreement referred to in section 204<\/a>.<\/span><\/p>\n","post_title":"Section 205 (TAA) - SARS not bound by compromise of tax debt","collection_order":361,"collection":598,"post_modified":"2019-03-06 20:25:49","post_date":"2015-10-15 12:12:20"},{"ID":"3240","post_content":"

    Part E<\/strong><\/p>\n

    Records and reporting<\/strong><\/p>\n","post_title":"Part E - Records and reporting (TAA)","collection_order":362,"collection":598,"post_modified":"2019-03-06 20:26:06","post_date":"2015-10-15 12:12:20"},{"ID":"3242","post_content":"

    206. \u00a0 \u00a0Register of tax debts written off or compromised<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS must maintain a register of the tax debts \u2018written off or \u2018compromised\u2019 in terms of this Chapter.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The register referred to in subsection (1) must contain-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the details of the \u2018debtor\u2019, including name, address and taxpayer reference number;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the amount of the tax debt \u2018written off\u2019 or \u2018compromised\u2019 and the periods to which the tax debt relates; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the reason for \u2018writing off\u2019 or \u2018compromising\u2019 the tax debt.<\/span><\/p>\n","post_title":"Section 206 (TAA) - Register of tax debts written off or compromised (TAA)","collection_order":363,"collection":598,"post_modified":"2019-03-06 20:26:55","post_date":"2015-10-15 12:12:20"},{"ID":"3244","post_content":"

    207. \u00a0 \u00a0Reporting by Commissioner of tax debts written off or compromised<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The amount of tax debts \u2018written off\u2019 or \u2018compromised\u2019 during a financial year must be disclosed in the annual financial statements of SARS relating to administered revenue for that year.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The Commissioner must on an annual basis provide to the Auditor-General and to the Minister a summary of the tax debts which were \u2018written off\u2019 or \u2018compromised\u2019 in whole or in part during the period covered by the summary, which must-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 be in a format which, subject to section 70<\/a>(5), does not disclose the identity of the \u2018debtor\u2019 concerned;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 be submitted within 60 business days following the end of the fiscal year; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 contain details of the number of tax debts \u201cwritten off\u201d<\/strong> or \u201ccompromised\u201d<\/strong> and the amount of revenue forgone, which must be reflected in respect of main classes of taxpayers or sections of the public.<\/span><\/p>\n","post_title":"Section 207 (TAA) - Reporting by Commissioner of tax debts written off or compromised","collection_order":364,"collection":598,"post_modified":"2019-03-06 20:26:44","post_date":"2015-10-15 12:12:20"},{"ID":"3246","post_content":"

    CHAPTER 15<\/strong><\/p>\n

    ADMINISTRATIVE NON-COMPLIANCE PENALTIES<\/strong><\/p>\n","post_title":"Chapter 15 - Administrative non-compliance penalties (TAA)","collection_order":365,"collection":598,"post_modified":"2019-03-06 20:27:10","post_date":"2015-10-15 12:12:20"},{"ID":"3248","post_content":"

    Part A<\/strong><\/p>\n

    General<\/strong><\/p>\n","post_title":"Part A - General (TAA)","collection_order":366,"collection":598,"post_modified":"2019-03-06 20:27:29","post_date":"2015-10-15 12:12:20"},{"ID":"3250","post_content":"

    208. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    In this Chapter, unless the context indicates otherwise, the following terms, if in single quotation marks, have the following meanings:<\/p>\n","post_title":"Section 208 (TAA) - Definitions","collection_order":367,"collection":598,"post_modified":"2019-03-06 20:27:45","post_date":"2015-10-15 12:12:20"},{"ID":"3252","post_content":"

    \u201cadministrative non-compliance penalty\u201d<\/strong> or \u201cpenalty\u201d <\/strong>means a \u201cpenalty\u201d<\/strong> imposed by SARS in accordance with this Chapter or a tax Act other than this Act, and excludes an understatement penalty referred to in Chapter 16<\/a>;<\/p>\n","post_title":"\"'Administrative non-compliance penalty' or 'penalty'\" definition of section 208 of TAA","collection_order":368,"collection":598,"post_modified":"2017-05-26 12:05:38","post_date":"2015-10-15 12:12:20"},{"ID":"3254","post_content":"

    \u2018first incidence\u2019<\/strong> means an incidence of non-compliance by a person if no \u2018penalty assessment\u2019 under this Chapter was issued during the preceding 36 months, whether involving an incidence of non-compliance of the same or a different kind, and for purposes of this definition a \u2018penalty assessment\u2019 that was fully remitted under section 218<\/a> must be disregarded;<\/p>\n","post_title":"\"First incidence\" definition of section 208 of TAA","collection_order":369,"collection":598,"post_modified":"2017-05-26 12:05:43","post_date":"2015-10-15 12:12:20"},{"ID":"3256","post_content":"

    \u2018penalty assessment\u2019<\/strong> means an assessment in respect of-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a \u2018penalty\u2019 only; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 tax and a \u2018penalty\u2019 which are assessed at the same time;<\/span><\/p>\n","post_title":"\"Penalty assessment\" definition of section 208 of TAA","collection_order":370,"collection":598,"post_modified":"2017-05-26 12:05:53","post_date":"2015-10-15 12:12:20"},{"ID":"3258","post_content":"

    \u2018preceding year\u2019<\/strong> means the year of assessment immediately prior to the year of assessment during which a \u2018penalty\u2019 is assessed;<\/p>\n","post_title":"\"Preceding year\" definition of section 208 of TAA","collection_order":371,"collection":598,"post_modified":"2017-05-26 12:06:00","post_date":"2015-10-15 12:12:20"},{"ID":"3260","post_content":"

    \u2018remittance request\u2019<\/strong> means a request for remittance of a \u2018penalty\u2019 submitted in accordance with section 215<\/a>.<\/p>\n","post_title":"\"Remittance request\" definition of section 208 of TAA","collection_order":372,"collection":598,"post_modified":"2017-05-26 12:06:04","post_date":"2015-10-15 12:12:20"},{"ID":"3262","post_content":"

    209. \u00a0 \u00a0Purpose of Chapter<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The purpose of this Chapter is to ensure-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the widest possible compliance with the provisions of a tax Act and the effective administration of tax Acts; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 that an \u2018administrative non-compliance penalty\u2019 is imposed impartially, consistently, and proportionately to the seriousness and duration of the non-compliance.<\/span><\/p>\n","post_title":"Section 209 (TAA) - Purpose of Chapter","collection_order":373,"collection":598,"post_modified":"2019-03-06 20:28:05","post_date":"2015-10-15 12:12:20"},{"ID":"3264","post_content":"

    Part B<\/strong><\/p>\n

    Fixed amount penalties<\/strong><\/p>\n","post_title":"Part B - Fixed amount penalties (TAA)","collection_order":374,"collection":598,"post_modified":"2019-03-06 20:28:22","post_date":"2015-10-15 12:12:20"},{"ID":"3266","post_content":"

    210. \u00a0 \u00a0Non-compliance subject to penalty<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If SARS is satisfied that non-compliance by a person referred to in subsection (2) exists, SARS must impose the appropriate \u2018penalty\u2019 in accordance with the Table in section 211<\/a>.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Non-compliance is failure to comply with an obligation that is imposed by or under a tax Act and is listed in a public notice issued by the Commissioner, other than-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the failure to pay tax subject to a percentage based penalty under Part C<\/a>;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 non-compliance in respect of which an understatement penalty under Chapter 16<\/a> has been imposed; or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0the failure to disclose information subject to a reportable arrangement or mandatory disclosure penalty under section 212<\/a>.<\/span><\/p>\n

    [Section 210 substituted by section 70 of Act 21 of 2012. Paragraph (c) substituted by section 40 of Act 33 of 2019]<\/span><\/p>\n","post_title":"Section 210 (TAA) - Non-compliance subject to penalty","collection_order":375,"collection":598,"post_modified":"2021-08-06 09:29:30","post_date":"2015-10-15 12:12:20"},{"ID":"3268","post_content":"

    211. \u00a0 \u00a0Fixed amount penalty table<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 For the non-compliance referred to in section 210<\/a>, SARS must impose a \u2018penalty\u2019 in accordance with the following Table:<\/span><\/p>\n

    \u00a0<\/p>\n

    Table: Amount of Administrative Non-Compliance Penalty<\/strong><\/p>\n

    \u00a0<\/p>\n\n\n\n\n\n\n\n\n\n\n\n
    1<\/strong>\n

    \u00a0<\/p>\n

    Item<\/strong><\/p>\n<\/td>\n

    		2<\/strong>\n

    \u00a0<\/p>\n

    Assessed loss or taxable income for \u2018preceding year\u2019<\/strong><\/p>\n<\/td>\n

    		3<\/strong>\n

    \u00a0<\/p>\n

    \u2018Penalty\u2019<\/strong><\/p>\n<\/td>\n<\/tr>\n

    (i)<\/td>\nAssessed loss<\/td>\nR250<\/td>\n<\/tr>\n
    (ii)<\/td>\nR0-R250 000<\/td>\nR250<\/td>\n<\/tr>\n
    (iii)<\/td>\nR250 001-R500 000<\/td>\nR500<\/td>\n<\/tr>\n
    (iv)<\/td>\nR500 001-R1 000 000<\/td>\nR1 000<\/td>\n<\/tr>\n
    (v)<\/td>\nR1 000 001-R5 000 000<\/td>\nR2 000<\/td>\n<\/tr>\n
    (vi)<\/td>\nR5 000 001-R10 000 000<\/td>\nR4 000<\/td>\n<\/tr>\n
    (vii)<\/td>\nR10 000 001-R50 000 000<\/td>\nR8 000<\/td>\n<\/tr>\n
    (viii)<\/td>\nAbove R50 000 000<\/td>\nR16 000<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n


    <\/span><\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The amount of the \u2018penalty\u2019 in column 3 will increase automatically by the same amount for each month, or part thereof, that the person fails to remedy the non-compliance within one month after-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the date of assessment of the penalty, if SARS is in possession of the current address of the person and is able to deliver the assessment, but limited to 35 months after the date of assessmeny; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the date of the non-compliance if SARS is not in possession of the current address of the person and is unable to deliver the \u2018penalty assessment\u2019, but limited to 47 months after the date of non-compliance.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The following persons, except those falling under item (viii) of the Table or those that did not trade during the year of assessment, are treated as falling under item (vii) of the Table:<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a company listed on a recognised stock exchange as referred to in paragraph 1 of the Eighth Schedule<\/a> to the Income Tax Act<\/a>;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a company whose gross receipts or accruals for the \u2018preceding year\u2019 exceed R500 million;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 a company that forms part of a \u201cgroup of companies\u201d as defined in section 1<\/a> of the Income Tax Act<\/a>, which group includes a company described in item (a) or (b);or<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 a person or entity, exempt from income tax under the Income Tax Act<\/a> but liable to tax under another tax Act, whose gross receipts or accruals exceed R30 million.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 SARS may, except in the case of persons referred to in subsection (3)(a) to (c),if the taxable income of the relevant person for the \u2018preceding year\u2019 is unknown or that person was not a taxpayer in that year-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 impose a \u2018penalty\u2019 in accordance with item (ii) of column 1 of the Table; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 estimate the amount of taxable income of the relevant person for the \u2018preceding year\u2019 based on available relevant material and impose a \u2018penalty\u2019 in accordance with the applicable item in column 1 of the Table.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 Where, upon determining the actual taxable income or assessed loss of the person in respect of whom a \u2018penalty\u2019 was imposed under subsection (4), it appears that the person falls within another item in column 1 of the Table, the \u2018penalty\u2019 must be adjusted in accordance with the applicable item in that column with effect from the date of the imposition of the \u2018penalty\u2019 issued under subsection (4).<\/span><\/p>\n","post_title":"Section 211 (TAA) - Fixed amount penalty table","collection_order":376,"collection":598,"post_modified":"2019-03-06 20:29:11","post_date":"2015-10-15 12:12:20"},{"ID":"3270","post_content":"

    212. Reportable arrangement <\/strong>and mandatory disclosure penalty<\/strong><\/span><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0A person referred to in-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0paragraph (a) or (b) of the definition of \u2018participant\u2019<\/strong> in section 34<\/a>, who fails to disclose the information in respect of a \u2018reportable arrangement\u2019<\/strong>, as required by section 37\ufeff<\/a>\u037e or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the definition of intermediary in the regulations, issued in respect of paragraph (a) of the definition of \u2018international tax standard\u2019<\/strong>, who fails to disclose the information required to be disclosed under the regulations, <\/span><\/p>\n

    <\/p>\n

    is liable to a \u2018penalty\u2019<\/strong>, for each month that the failure continues (up to 12 months), in the amount of-<\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0R50 000, in the case of a \u2018participant\u2019<\/strong> or intermediary, as the case may be, other than the \u2018promoter\u2019<\/strong>\u037e or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0R100 000, in the case of the \u2018promoter\u2019<\/strong>.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0The amount of \u2018penalty\u2019<\/strong> determined under subsection (1) is doubled if the amount of anticipated \u2018tax benefit\u2019<\/strong>, as defined in section 34<\/a>, for the \u2018participant\u2019<\/strong> by reason of the arrangement (within the meaning of section 35<\/a>) exceeds R5 000 000, and is tripled if the benefit exceeds R10 000 000.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0\u00a0A person referred to in paragraph (c) of the definition of \u2018participant\u2019<\/strong> in section 34<\/a>, who fails to disclose the information in respect of a \u2018reportable arrangement\u2019<\/strong> as required by section 37<\/a> is liable to a \u2018penalty\u2019<\/strong> in the amount of R50 000.<\/span><\/p>\n

    [Section 212 amended by section 62(a) and (b) of Act 23 of 2015 and substituted by section 41 of Act 33 of 2019]<\/span><\/p>\n","post_title":"Section 212 (TAA) - Reportable arrangement penalty","collection_order":377,"collection":598,"post_modified":"2021-02-20 20:50:28","post_date":"2015-10-15 12:12:20"},{"ID":"3272","post_content":"

    Part C<\/strong><\/p>\n

    Percentage based penalty<\/strong><\/p>\n","post_title":"Part C - Percentage based penalty (TAA)","collection_order":378,"collection":598,"post_modified":"2019-03-06 20:29:37","post_date":"2015-10-15 12:12:20"},{"ID":"3274","post_content":"

    213. \u00a0 \u00a0Imposition of percentage based penalty<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0If SARS is satisfied that an amount of tax was not paid as and when required under a tax Act, SARS must, in addition to any other \u201cpenalty\u201d or interest for which a person may be liable, impose a \u201cpenalty\u201d equal to the percentage of the amount of unpaid tax as prescribed in the tax Act.<\/span><\/p>\n

    [Subsection (1) substituted by section 63 of Act 23 of 2015 effective on 1 October 2012]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 In the event of a change to the amount of tax in respect of which a \u2018penalty\u2019 was imposed under subsection (1), the \u2018penalty\u2019 must be adjusted accordingly with effect from the date of the imposition of the \u2018penalty\u2019.<\/span><\/p>\n","post_title":"Section 213 (TAA) - Imposition of percentage based penalty","collection_order":379,"collection":598,"post_modified":"2019-03-06 20:29:48","post_date":"2015-10-15 12:12:20"},{"ID":"3276","post_content":"

    Part D<\/strong><\/p>\n

    Procedure<\/strong><\/p>\n","post_title":"Part D - Procedure (TAA)","collection_order":380,"collection":598,"post_modified":"2019-03-06 20:30:02","post_date":"2015-10-15 12:12:20"},{"ID":"3278","post_content":"

    214. \u00a0 \u00a0Procedures for imposing penalty<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A \u2018penalty\u2019 imposed under Part B or C is imposed by way of a \u2018penalty assessment\u2019, and if a \u2018penalty assessment\u2019 is made, SARS must give notice of the assessment in the format as SARS may decide to the person, including the following:<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the non-compliance in respect of which the \u2018penalty\u2019 is assessed and its duration;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the amount of the \u2018penalty\u2019 imposed;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the date for paying the \u2018penalty\u2019;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 the automatic increase of the \u2018penalty\u2019; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 a summary of procedures for requesting remittance of the \u2018penalty\u2019.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A \u2018penalty\u2019 is due upon assessment and must be paid-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 on or before the date for payment stated in the notice of the \u2018penalty assessment\u2019; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 where the \u2018penalty assessment\u2019 is made together with an assessment of tax, on or before the deadline for payment stated in the notice of the assessment for tax.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 SARS must give the taxpayer notice of an adjustment to the \u2018penalty\u2019 in accordance with section 211<\/a>(2) or 213<\/a>(2).<\/span><\/p>\n","post_title":"Section 214 (TAA) - Procedures for imposing penalty","collection_order":381,"collection":598,"post_modified":"2019-03-06 20:30:23","post_date":"2015-10-15 12:12:20"},{"ID":"3280","post_content":"

    215. \u00a0 \u00a0Procedure to request remittance of penalty<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person who is aggrieved by a \u2018penalty assessment\u2019 notice may, on or before the date for payment in the \u2018penalty assessment\u2019, in the prescribed form and manner, request SARS to remit the \u2018penalty\u2019 in accordance with Part E<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The \u2018remittance request\u2019 must include-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a description of the circumstances which prevented the person from complying with the relevant obligation under a tax Act in respect of which the \u2018penalty\u2019 has been imposed; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the supporting documents and information as may be required by SARS in the prescribed form.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 During the period commencing on the day that SARS receives the \u2018remittance request\u2019, and ending 21 business days after notice has been given of SARS\u2019 decision, no collection steps relating to the \u2018penalty\u2019 amount may be taken unless SARS has a reasonable belief that there is-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a risk of dissipation of assets by the person concerned; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 fraud involved in the origin of the non-compliance or the grounds for remittance.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 SARS may extend the period referred to in subsection (1) if SARS is satisfied that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the non-compliance in issue is an incidence of non-compliance referred to in section 216<\/a> or 217<\/a>, and that reasonable grounds exist for the late receipt of the \u2018remittance request\u2019; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a circumstance referred to in section 218<\/a>(2) rendered the person incapable of submitting a timely request.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 If a tax Act other than this Act provides for remittance grounds for a \u201cpenalty\u201d<\/strong>, SARS may despite the provisions of section 216<\/a>, 217<\/a> or 218<\/a> remit the \u201cpenalty\u201d<\/strong> or a portion thereof under such grounds.<\/span><\/p>\n","post_title":"Section 215 (TAA) - Procedure to request remittance of penalty","collection_order":382,"collection":598,"post_modified":"2019-03-06 20:30:43","post_date":"2015-10-15 12:12:20"},{"ID":"3282","post_content":"

    Part E<\/strong><\/p>\n

    Remedies<\/strong><\/p>\n","post_title":"Part E - Remedies (TAA)","collection_order":383,"collection":598,"post_modified":"2019-03-06 20:31:01","post_date":"2015-10-15 12:12:20"},{"ID":"3284","post_content":"

    216. \u00a0 \u00a0Remittance of penalty for failure to register<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    If a \u2018penalty\u2019 is imposed on a person for a failure to register as and when required under this Act, SARS may remit the \u2018penalty\u2019 in whole or in part if-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the failure to register was discovered because the person approached SARS voluntarily; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the person has filed all returns required under a tax Act.<\/span><\/p>\n","post_title":"Section 216 (TAA) - Remittance of penalty for failure to register","collection_order":384,"collection":598,"post_modified":"2019-03-06 20:31:16","post_date":"2015-10-15 12:12:20"},{"ID":"3286","post_content":"

    217. \u00a0 \u00a0Remittance of penalty for nominal or first incidence of non-compliance<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If a \u2018penalty\u2019 has been imposed in respect of-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a \u2018first incidence\u2019 of\u00a0 non-compliance; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 an incidence of non-compliance described in section 210<\/a> if the duration of the non-compliance is less than five business days,<\/span><\/p>\n

    \u00a0<\/p>\n

    SARS may, in respect of a \u2018penalty\u2019 imposed under section 210<\/a> or 212<\/a>, remit the \u2018penalty\u2019, or a portion thereof if appropriate, up to an amount of R2 000 if SARS is satisfied that-<\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 reasonable grounds for the non-compliance exist; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the non-compliance in issue has been remedied.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 In the case of a \u2018penalty\u2019 imposed under section 212<\/a>, the R2\u00a0000 limit referred to in subsection (1) is changed to R100 000.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If a \u2018penalty\u2019 has been imposed under section 213<\/a>, SARS may remit the \u2018penalty\u2019, or a portion thereof, if SARS is satisfied that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the \u2018penalty\u2019 has been imposed in respect of a \u2018first incidence\u2019 of non-compliance, or involved an amount of less than R2000;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 reasonable grounds for the non-compliance exist; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the non-compliance in issue has been remedied.<\/span><\/p>\n","post_title":"Section 217 (TAA) - Remittance of penalty for nominal or first incidence of non-compliance","collection_order":385,"collection":598,"post_modified":"2019-03-06 20:31:31","post_date":"2015-10-15 12:12:20"},{"ID":"3288","post_content":"

    218. \u00a0 \u00a0Remittance of penalty in exceptional circumstances<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 SARS must, upon receipt of a \u2018remittance request\u2019, remit the \u2018penalty\u2019 or if applicable a portion thereof, if SARS is satisfied that one or more of the circumstances referred to in subsection (2) rendered the person on whom the \u2018penalty\u2019 was imposed incapable of complying with the relevant obligation under the relevant tax Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The circumstances referred to in subsection (1) are limited to-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a natural or human-made disaster;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a civil disturbance or disruption in services;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 a serious illness or accident;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 serious emotional or mental distress;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 any of the following acts by SARS:<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 a capturing error;<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 a processing delay;<\/span><\/p>\n

    \u00a0<\/p>\n

    (iii)\u00a0\u00a0\u00a0 provision of incorrect information in an official publication or media release issued by the Commissioner;<\/span><\/p>\n

    \u00a0<\/p>\n

    (iv)\u00a0\u00a0\u00a0 delay in providing information to any person; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (v)\u00a0\u00a0\u00a0\u00a0 failure by SARS to provide sufficient time for an adequate response to a request for information by SARS;<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 serious financial hardship, such as-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 in the case of an individual, lack of basic living requirements; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 in the case of a business, an immediate danger that the continuity of business operations and the continued employment of its employees are jeopardised; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0 any other circumstance of analogous seriousness.<\/span><\/p>\n","post_title":"Section 218 (TAA) - Remittance of penalty in exceptional circumstances","collection_order":386,"collection":598,"post_modified":"2019-03-06 20:31:47","post_date":"2015-10-15 12:12:20"},{"ID":"3290","post_content":"

    219. \u00a0 \u00a0Penalty incorrectly assessed<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    If SARS is satisfied that a \u2018penalty\u2019 was not assessed in accordance with this Chapter, SARS may, within three years of the \u2018penalty assessment\u2019, issue an altered assessment accordingly.<\/p>\n","post_title":"Section 219 (TAA) - Penalty incorrectly assessed","collection_order":387,"collection":598,"post_modified":"2019-03-06 20:32:03","post_date":"2015-10-15 12:12:20"},{"ID":"3292","post_content":"

    220. \u00a0 \u00a0Objection and appeal against decision not to remit penalty<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A decision by SARS not to remit a \u2018penalty\u2019 in whole or in part is subject to objection and appeal under Chapter 9<\/a>.<\/p>\n","post_title":"Section 220 (TAA) - Objection and appeal against decision not to remit penalty","collection_order":388,"collection":598,"post_modified":"2019-03-06 20:32:18","post_date":"2015-10-15 12:12:20"},{"ID":"3294","post_content":"

    CHAPTER 16<\/strong><\/p>\n

    UNDERSTATEMENT PENALTY<\/strong><\/p>\n","post_title":"Chapter 16 - Understatement penalty (TAA)","collection_order":389,"collection":598,"post_modified":"2019-03-06 20:32:34","post_date":"2015-10-15 12:12:20"},{"ID":"3296","post_content":"

    Part A<\/strong><\/p>\n

    Imposition of understatement penalty<\/strong><\/p>\n","post_title":"Part A - Imposition of understatement penalty (TAA)","collection_order":390,"collection":598,"post_modified":"2019-03-06 20:32:50","post_date":"2015-10-15 12:12:20"},{"ID":"3298","post_content":"

    221. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    In this Chapter, unless the context indicates otherwise, the following terms, if in single quotation marks, have the following meanings:<\/p>\n","post_title":"Section 221 (TAA) - Definitions","collection_order":391,"collection":598,"post_modified":"2019-03-06 20:33:07","post_date":"2015-10-15 12:12:20"},{"ID":"11762","post_content":"

    \u201cimpermissible avoidance arrangement\u201d<\/strong>\u00a0means an arrangement in respect of which Part IIA\u00a0of Chapter III<\/a>\u00a0of the Income Tax Act is applied and includes, for purposes of this Chapter, any transaction, operation, scheme or agreement in respect of which\u00a0section 73\u00a0of the Value-Added Tax Act or any other general anti-avoidance provision under a tax Act is applied;<\/p>\n

    [Definition of \u201cimpermissible avoidance arrangement\u201d inserted by section 61 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"\"Impermissible avoidance arrangement\" definition of section 221 of TAA","collection_order":392,"collection":598,"post_modified":"2023-05-19 11:48:31","post_date":"2017-06-23 12:11:03"},{"ID":"3300","post_content":"

    \u201crepeat case\u201d<\/strong>\u00a0means a second or further case of any of the behaviours listed under items (i) to (vi) of the understatement penalty 15 percentage table reflected in\u00a0section 223<\/a>\u00a0within five years of the previous case;<\/p>\n

    [Definition of \u201crepeat case\u201d substituted by section 61 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"\"Repeat case\" definition of section 221 of TAA","collection_order":393,"collection":598,"post_modified":"2023-01-28 19:44:04","post_date":"2015-10-15 12:12:20"},{"ID":"3302","post_content":"

    \u2018substantial understatement\u2019<\/strong> means a case where the prejudice to SARS or the fiscus exceeds the greater of five per cent of the amount of \u2018tax\u2019 properly chargeable or refundable under a tax Act for the relevant tax period, or R1 000 000;<\/p>\n","post_title":"\"Substantial understatement\" definition of section 221 of TAA","collection_order":394,"collection":598,"post_modified":"2023-01-28 19:44:09","post_date":"2015-10-15 12:12:20"},{"ID":"3304","post_content":"

    \u2018tax\u2019\u00a0<\/strong>means a tax as defined in\u00a0section 1, excluding a penalty and interest, and will for purposes of this Part include an employment tax incentive as referred to in\u00a0section 2(1)\u00a0of the Employment Tax Incentive Act, 2013 (Act 26 of 2013);<\/p>\n

    [Definition of \u2018tax\u2019 substituted by\u00a0section 26(1)\u00a0of\u00a0Act\u00a016 of 2022\u00a0deemed effective on 1 September 2022, and applicable to any return, for purposes of\u00a0paragraph 14(2)\u00a0of the\u00a0Fourth Schedule\u00a0to the Income Tax Act, submitted or after that date]<\/span><\/p>\n","post_title":"\"Tax\" definition of section 221 of TAA","collection_order":395,"collection":598,"post_modified":"2024-01-20 20:40:15","post_date":"2015-10-15 12:12:20"},{"ID":"3306","post_content":"

    \u2018tax position\u2019<\/strong> means an assumption underlying one or more aspects of a tax return, including whether or not-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 an amount, transaction, event or item is taxable;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 an amount or item is deductible or may be set-off;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 a lower rate of tax than the maximum applicable to that class of taxpayer, transaction, event or item applies; or<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 an amount qualifies as a reduction of tax payable; and<\/span><\/p>\n","post_title":"\"Tax position\" definition of section 221 of TAA","collection_order":396,"collection":598,"post_modified":"2023-01-28 19:44:23","post_date":"2015-10-15 12:12:20"},{"ID":"3308","post_content":"

    \u201cunderstatement\u201d<\/strong>\u00a0means any prejudice to SARS or the\u00a0fiscus\u00a0as a result of-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0failure to submit a return required under a tax Act or by the Commissioner;<\/span><\/p>\n

    [Paragraph (a)\u00a0substituted by\u00a0section 22\u00a0of\u00a0Act 22 of 2018]<\/span><\/p>\n


    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0an omission from a return;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0an incorrect statement in a return;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0if no return is required, the failure to pay the correct amount of \u201ctax\u201d; or<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0an \u201cimpermissible avoidance arrangement.<\/span><\/p>\n

    [Definition of\u00a0\u201cunderstatement\u201d amended by\u00a0section 74 of Act 39 of 2013 and substituted by section 61 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"\"Understatement\" definition of section 221 of TAA","collection_order":397,"collection":598,"post_modified":"2023-01-28 19:46:10","post_date":"2015-10-15 12:12:20"},{"ID":"3310","post_content":"

    222. \u00a0 \u00a0Understatement penalty<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 In the event of an \u201cunderstatement\u201d by a taxpayer, the taxpayer must pay, in addition to the \u201ctax\u201d payable for the relevant tax period, the understatement penalty determined under subsection (2) unless the \u2018understatement\u2019 results from a bona fide inadvertent error.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0 The understatement penalty is the amount resulting from applying the highest applicable understatement penalty percentage in accordance with the table in section 223 to each shortfall determined under subsections (3) and (4) in relation to each \u2018understatement\u2019.<\/span><\/p>\n

    [Subsection (2)\u00a0substituted by\u00a0section 75(a<\/em>)\u00a0of\u00a0Act\u00a039 of 2013\u00a0and by\u00a0section 23(a<\/em>)\u00a0of\u00a0Act 22 of 2018.]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The shortfall is the sum of-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the difference between the amount of \u2018tax\u2019 properly chargeable for the tax period and the amount of \u2018tax\u2019 that would have been chargeable for the tax period if the \u2018understatement\u2019 were accepted;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the difference between the amount properly refundable for the tax period and the amount that would have been refundable if the \u2018understatement\u2019 were accepted; and<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the difference between the amount of an assessed loss or any other benefit to the taxpayer properly carried forward from the tax period to a succeeding tax period and the amount that would have been carried forward if the \u2018understatement\u2019 were accepted, multiplied by the tax rate determined under subsection (5).<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0 If there is a difference under both paragraphs (a<\/em>)\u00a0and\u00a0(b<\/em>)\u00a0of\u00a0subsection (3), the shortfall must be reduced by the amount of any duplication between the paragraphs.<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0 Where the \u2018understatement\u2019 is the failure to submit a return, the \u2018tax\u2019 that resulted from the \u2018understatement\u2019, had the \u2018understatement\u2019 been accepted, for purposes of subsection (3), must be regarded as nil.<\/span><\/p>\n

    [Subsection (4)\u00a0substituted by\u00a0section 75(c<\/em>)\u00a0of\u00a0Act\u00a039 of 2013\u00a0and by\u00a0section 23(b<\/em>)\u00a0of\u00a0Act 22 of 2018.]<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 The tax rate applicable to the shortfall determined under subsections (3) and (4) is the maximum tax rate applicable to the taxpayer, ignoring an assessed loss or any other benefit brought forward from a preceding tax period to the tax period.<\/span><\/p>\n

    <\/p>\n

    (6) \u00a0\u00a0\u00a0\u00a0Any penalty imposed under subsection (2) must be reduced by any penalty imposed under section 4(2) of the Employment Tax Incentive Act, 2013, in respect of the same employment tax incentive amount.<\/span><\/p>\n

    [Subsection (6)\u00a0added\u00a0section 27(1)\u00a0by of\u00a0Act\u00a016 of 2022\u00a0deemed effective on 1 September 2022, and applicable to any return, for purposes of\u00a0paragraph 14(2)\u00a0of the\u00a0Fourth Schedule\u00a0to the Income Tax Act, submitted or after that date]<\/span><\/p>\n","post_title":"Section 222 (TAA) - Understatement penalty","collection_order":398,"collection":598,"post_modified":"2024-01-20 20:40:35","post_date":"2015-10-15 12:12:20"},{"ID":"3312","post_content":"

    223. \u00a0 \u00a0Understatement penalty percentage table<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0The understatement penalty percentage table is as follows:<\/p>\n

    <\/p>\n\n\n\n\n\n\n\n\n\n
    \n

    1<\/strong><\/p>\n

    Item<\/strong><\/p>\n<\/td>\n

    		\n

    2<\/strong><\/p>\n

    Behaviour<\/strong><\/p>\n<\/td>\n

    		\n

    3<\/strong><\/p>\n

    Standard Case<\/strong><\/p>\n<\/td>\n

    		\n

    4<\/strong><\/p>\n

    If obstructive, or if it is a \u2018repeat case\u2019<\/strong><\/p>\n<\/td>\n

    		\n

    5<\/strong><\/p>\n

    Voluntary disclosure after notification of audit or criminal investigation<\/strong><\/p>\n<\/td>\n

    		\n

    6<\/strong><\/p>\n

    Voluntary disclosure before notification of audit or criminal investigation<\/strong><\/p>\n<\/td>\n<\/tr>\n

    \n

    (i)<\/p>\n<\/td>\n

    		\n

    \u2018Substantial under-statement\u2019<\/p>\n<\/td>\n

    		\n

    10%<\/p>\n<\/td>\n

    		\n

    20%<\/p>\n<\/td>\n

    		\n

    5%<\/p>\n<\/td>\n

    		\n

    0%<\/p>\n<\/td>\n<\/tr>\n

    \n

    (ii)<\/p>\n<\/td>\n

    		\n

    Reasonable care not taken in completing return<\/p>\n<\/td>\n

    		\n

    25%<\/p>\n<\/td>\n

    		\n

    50%<\/p>\n<\/td>\n

    		\n

    15%<\/p>\n<\/td>\n

    		\n

    0%<\/p>\n<\/td>\n<\/tr>\n

    \n

    (iii)<\/p>\n<\/td>\n

    		\n

    No reasonable grounds for \u2018tax position\u2019 taken<\/p>\n<\/td>\n

    		\n

    50%<\/p>\n<\/td>\n

    		\n

    75%<\/p>\n<\/td>\n

    		\n

    25%<\/p>\n<\/td>\n

    		\n

    0%<\/p>\n<\/td>\n<\/tr>\n

    \n

    (iv)<\/p>\n<\/td>\n

    		\n

    \u201cImpermissible avoidance arrangement\u201d<\/p>\n<\/td>\n

    		\n

    75%<\/p>\n<\/td>\n

    		\n

    100%<\/p>\n<\/td>\n

    		\n

    35%<\/p>\n<\/td>\n

    		\n

    0%<\/p>\n<\/td>\n<\/tr>\n

    \n

    (v)<\/p>\n<\/td>\n

    		\n

    Gross negligence<\/p>\n<\/td>\n

    		\n

    100%<\/p>\n<\/td>\n

    		\n

    125%<\/p>\n<\/td>\n

    		\n

    50%<\/p>\n<\/td>\n

    		\n

    5%<\/p>\n<\/td>\n<\/tr>\n

    \n

    (vi)<\/p>\n<\/td>\n

    		\n

    Intentional tax evasion<\/p>\n<\/td>\n

    		\n

    150%<\/p>\n<\/td>\n

    		\n

    200%<\/p>\n<\/td>\n

    		\n

    75%<\/p>\n<\/td>\n

    		\n

    10%<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    [Subsection (1) substituted by section 76 of Act 39 of 2013 and section 62 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An understatement penalty for which provision is made under this Chapter is also chargeable in cases where-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 an assessment based on an estimation under section 95<\/a> is made; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 an assessment agreed upon with the taxpayer under section 95<\/a>(3) is issued.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 SARS must remit a \u2018penalty\u2019 imposed for a \u2018substantial understatement\u2019 if SARS is satisfied that the taxpayer-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0made full disclosure to SARS of the arrangement, as defined in section 34<\/a>, that gave rise to the prejudice to SARS or the fiscus <\/em>by no later than the date that the relevant return was due\u037e and<\/span><\/p>\n

    [Paragraph (a) substituted by section 42 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 was in possession of an opinion by an independent registered tax practitioner that-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 was issued by no later than the date that the relevant return was due;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 was based upon full disclosure of the specific facts and circumstances of the arrangement and, in the case of any opinion regarding the applicability of the substance over form doctrine or the anti-avoidance provisions of a tax Act, this requirement cannot be met unless the taxpayer is able to demonstrate that all of the steps in or parts of the arrangement were fully disclosed to the tax practitioner, whether or not the taxpayer was a direct party to the steps or parts in question; and<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0 confirmed that the taxpayer\u2019s position is more likely than not to be upheld if the matter proceeds to court.<\/span><\/p>\n","post_title":"Section 223 (TAA) - Understatement penalty percentage table","collection_order":399,"collection":598,"post_modified":"2021-02-20 20:51:24","post_date":"2015-10-15 12:12:20"},{"ID":"3314","post_content":"

    224. \u00a0 \u00a0Objection and appeal against imposition of understatement penalty<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The imposition of an understatement penalty under section 222<\/a> or a decision by SARS not to remit an understatement penalty under section 223<\/a>(3), is subject to objection and appeal under Chapter 9<\/a>.<\/p>\n","post_title":"Section 224 (TAA) - Objection and appeal against imposition of understatement penalty","collection_order":400,"collection":598,"post_modified":"2019-03-06 20:34:07","post_date":"2015-10-15 12:12:20"},{"ID":"3316","post_content":"

    Part B<\/strong><\/p>\n

    Voluntary disclosure programme<\/strong><\/p>\n","post_title":"Part B - Voluntary disclosure programme (TAA)","collection_order":401,"collection":598,"post_modified":"2019-03-06 20:34:20","post_date":"2015-10-15 12:12:20"},{"ID":"3318","post_content":"

    225. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    In this Part, unless the context indicates otherwise, the following term, if in single quotation marks, has the following meaning:<\/p>\n","post_title":"Section 225 (TAA) - Definitions","collection_order":402,"collection":598,"post_modified":"2019-03-06 20:34:34","post_date":"2015-10-15 12:12:20"},{"ID":"3320","post_content":"

    \u201cdefault\u201d<\/strong>\u00a0means the submission of inaccurate or incomplete information to SARS, or the failure to submit information or the adoption of a \u201ctax position\u201d, where such submission, non-submission, or adoption resulted in an understatement.<\/p>\n

    [Definition of \u201cdefault\u201d substituted by section 64 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"\"Default\" definition of section 225 of TAA","collection_order":403,"collection":598,"post_modified":"2017-12-09 20:39:17","post_date":"2015-10-15 12:12:20"},{"ID":"3322","post_content":"

    226. Qualification of person subject to audit or investigation for voluntary disclosure<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0A person may apply, whether in a personal, representative, withholding or other capacity, for voluntary disclosure relief.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0If the person seeking relief has been given notice of the commencement of an audit or criminal investigation into the affairs of the person, which has not been concluded and is related to the disclosed \u2018default\u2019, the disclosure of the \u2018default\u2019 is regarded as not being voluntary for purposes of\u00a0section 227<\/a>, unless a senior SARS official is of the view, having regard to the circumstances and ambit of the audit or investigation, that-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the \u2018default\u2019 in respect of which the person has sought relief would not otherwise have been detected during the audit or investigation; and<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0the application would be in the interest of good management of the tax system and the best use of SARS\u2019 resources.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0\u00a0A person is deemed to have been notified of an audit or criminal investigation, if-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0a representative of the person;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0an officer, shareholder or member of the person, if the person is a company;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0a partner in partnership with the person;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0a trustee or beneficiary of the person, if the person is a trust; or<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0a person acting for or on behalf of or as an agent or fiduciary of the person,<\/span><\/p>\n

    <\/p>\n

    has been given notice of the audit or investigation.<\/p>\n

    [Section 226 amended by section 65 of Act 23 of 2015 and substituted by section 63 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n","post_title":"Section 226 (TAA) - Qualification of person subject to audit or investigation for voluntary disclosure","collection_order":404,"collection":598,"post_modified":"2019-03-06 20:34:52","post_date":"2015-10-15 12:12:20"},{"ID":"3324","post_content":"

    227. \u00a0 \u00a0Requirements for valid voluntary disclosure<\/span><\/strong><\/p>\n

    <\/p>\n

    The requirements for a valid voluntary disclosure are that the disclosure must-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 be voluntary;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0involve a \u201cdefault\u201d which has not occurred within five years of the disclosure of a similar \u201cdefault\u201d by the applicant or a person referred to in\u00a0section 226<\/a>(3);<\/span><\/p>\n

    [Paragraph (b) substituted by section 66 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 be full and complete in all material respects;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0involve a behaviour referred to in column 2 of the understatement penalty\u00a0\u00a0percentage table in\u00a0section 223<\/a>;<\/span><\/p>\n

    [Paragraph (d) substituted by section 66 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 not result in a refund due by SARS; and<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 be made in the prescribed form and manner.<\/span><\/p>\n","post_title":"Section 227 (TAA) - Requirements for valid voluntary disclosure","collection_order":405,"collection":598,"post_modified":"2019-03-06 20:35:08","post_date":"2015-10-15 12:12:20"},{"ID":"3326","post_content":"

    228. \u00a0 \u00a0No-name voluntary disclosure<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A senior SARS official may issue a non-binding private opinion, as defined in section 75<\/a>, as to a person\u2019s eligibility for relief under this Part, if the person provides sufficient information to do so, which information need not include the identity of any party to the \u2018default\u2019.<\/p>\n","post_title":"Section 228 (TAA) - No-name voluntary disclosure","collection_order":406,"collection":598,"post_modified":"2019-03-06 20:35:57","post_date":"2015-10-15 12:12:20"},{"ID":"3329","post_content":"

    229. \u00a0 \u00a0Voluntary disclosure relief<\/span><\/strong><\/p>\n

    <\/p>\n

    Despite the provisions of a tax Act, SARS must, pursuant to the making of a valid voluntary disclosure by the applicant and the conclusion of the voluntary disclosure agreement under\u00a0section 230<\/a>\u2013<\/p>\n

    [Words preceding paragraph (a) substituted by section 67 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 not pursue criminal prosecution for a tax offence arising from the \u2018default\u2019;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 grant the relief in respect of any understatement penalty to the extent referred to in column 5 or 6 of the understatement penalty percentage table in section 223<\/a>; and<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0grant 100 per cent relief in respect of an administrative non-compliance penalty that was or may be imposed under\u00a0Chapter 15<\/a>\u00a0or a penalty imposed under a tax Act, excluding a penalty imposed under that Chapter or in terms of a tax Act for the late submission of a return.<\/span><\/p>\n

    [Paragraph (c) substituted by section 67 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 229 (TAA) - Voluntary disclosure relief","collection_order":407,"collection":598,"post_modified":"2019-03-06 20:36:12","post_date":"2015-10-15 12:12:20"},{"ID":"3331","post_content":"

    230. \u00a0 \u00a0Voluntary disclosure agreement<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The approval by a senior SARS official of a voluntary disclosure application and relief granted under section 229<\/a>, must be evidenced by a written agreement between SARS and the qualifying person who is liable for the outstanding tax debt in the prescribed format and must include details on-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the material facts of the \u2018default\u2019 on which the voluntary disclosure relief is based;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the amount payable by the person, which amount must separately reflect the understatement penalty payable;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the arrangements and dates for payment; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 relevant undertakings by the parties.<\/span><\/p>\n","post_title":"Section 230 (TAA) - Voluntary disclosure agreement","collection_order":408,"collection":598,"post_modified":"2019-03-06 20:36:28","post_date":"2015-10-15 12:12:20"},{"ID":"3333","post_content":"

    231. \u00a0 \u00a0Withdrawal of voluntary disclosure relief<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 In the event that, subsequent to the conclusion of a voluntary disclosure agreement under section 230<\/a>, it is established that the applicant failed to disclose a matter that was material for purposes of making a valid voluntary disclosure under section 227<\/a>, a senior SARS official may-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 withdraw any relief granted under section 229<\/a>;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 regard an amount paid in terms of the voluntary disclosure agreement to constitute part payment of any further outstanding tax debt in respect of the relevant \u2018default\u2019; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 pursue criminal prosecution for a tax offence.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Any decision by the senior SARS official under subsection (1) is subject to objection and appeal.<\/span><\/p>\n","post_title":"Section 231 (TAA) - Withdrawal of voluntary disclosure relief","collection_order":409,"collection":598,"post_modified":"2019-03-06 20:36:46","post_date":"2015-10-15 12:12:20"},{"ID":"3335","post_content":"

    232. \u00a0 \u00a0Assessment or determination to give effect to agreement<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If a voluntary disclosure agreement has been concluded under section 230<\/a>, SARS may, despite anything to the contrary contained in a tax Act, issue an assessment or make a determination for purposes of giving effect to the agreement.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 An assessment issued or determination made to give effect to an agreement under section 230<\/a> is not subject to objection and appeal.<\/span><\/p>\n","post_title":"Section 232 (TAA) - Assessment or determination to give effect to agreement","collection_order":410,"collection":598,"post_modified":"2019-03-06 20:37:02","post_date":"2015-10-15 12:12:19"},{"ID":"3337","post_content":"

    233. \u00a0 \u00a0Reporting of voluntary disclosure agreements<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Commissioner must annually provide to the Auditor-General and to the Minister a summary of all voluntary disclosure agreements concluded in respect of applications received during the period.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The summary must-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0subject to section 70<\/a>(6), not disclose the identity of the applicant, and must be submitted at such time as may be agreed between the Commissioner and the Auditor-General or Minister, as the case may be; and<\/span><\/p>\n

    [Paragraph (a)\u00a0substituted by\u00a0section 22\u00a0of\u00a0Act 21 of 2021]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 contain details of the number of voluntary disclosure agreements and the amount of tax assessed, which must be reflected in respect of main classes of taxpayers or sections of the public.<\/span><\/p>\n","post_title":"Section 233 (TAA) - Reporting of voluntary disclosure agreements","collection_order":411,"collection":598,"post_modified":"2023-01-29 08:23:05","post_date":"2015-10-15 12:12:19"},{"ID":"3339","post_content":"

    CHAPTER 17<\/strong><\/p>\n

    CRIMINAL OFFENCES<\/strong><\/p>\n","post_title":"Chapter 17 - Criminal offences (TAA)","collection_order":412,"collection":598,"post_modified":"2019-03-06 20:40:34","post_date":"2015-10-15 12:12:19"},{"ID":"3341","post_content":"

    234\u00a0\u00a0\u00a0\u00a0Criminal offences relating to non-compliance with tax Acts<\/span><\/strong><\/p>\n

    <\/p>\n

    (1) \u00a0\u00a0\u00a0Any person who wilfully-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0submits a false certificate or statement under Chapter 4<\/a>;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0issues an erroneous, incomplete or false document required to be issued under a tax Act to SARS or another person;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0fails to-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0reply to or answer truly and fully any questions put to the person by a SARS official, as and when required in terms of this Act; or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0take an oath or make a solemn declaration as and when required in terms of this Act;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0obstructs or hinders a SARS official in the discharge of the official\u2019s duties;<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0refuses to give assistance required under section 49<\/a>(1);<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0holds himself or herself out as a SARS official engaged in carrying out the provisions of this Act; or<\/span><\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0\u00a0dissipates that person\u2019s assets or assists another person to dissipate that other person\u2019s assets in order to impede the collection of any taxes, penalties or interest,<\/span><\/p>\n

    <\/p>\n

    is guilty of an offence and is liable, upon conviction, to a fine or to imprisonment for a period not exceeding two years.<\/p>\n

    <\/p>\n

    (2) \u00a0\u00a0\u00a0\u00a0Any person who wilfully or negligently fails to-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 register or notify SARS of a change in registered particulars as required in Chapter 3<\/a>;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0appoint a representative taxpayer or notify SARS of the appointment or change of a representative taxpayer as required under section 153<\/a> or 249<\/a>;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0register as a tax practitioner as required under section 240;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0submit a return or document to SARS or issue a document to a person as required under a tax Act;<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0retain records as required under a tax Act;<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0furnish, produce or make available any information, document or thing, excluding information requested under section 46<\/a>(8), as and when required under this Act;<\/span><\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0\u00a0attend and give evidence, as and when required under this Act;<\/span><\/p>\n

    <\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0\u00a0comply with a directive or instruction issued by SARS to the person under a tax Act;<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0disclose to SARS any material facts which should have been disclosed under a tax Act or to notify SARS of anything which the person is required to so notify SARS of under a tax Act;<\/span><\/p>\n

    <\/p>\n

    (j)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0comply with the provisions of sections 179<\/a> to 182<\/a>, if that person was given notice by SARS to transfer the assets or pay the amounts to SARS as referred to in those sections; or<\/span><\/p>\n

    <\/p>\n

    (k)\u00a0\u00a0\u00a0\u00a0\u00a0in the event where that person becomes liable to make a payment for withholding any tax, deduct or withhold or pay to SARS the amount of tax, as and when required under a tax Act,<\/span><\/p>\n

    <\/p>\n

    is guilty of an offence and is liable, upon conviction, to a fine or to imprisonment for a period not exceeding two years.<\/p>\n

    [Section 234 amended by section 77(a) and (b) of Act 21 of 2012 and by section 43 of Act 33 of 2019 and substituted by section 35 of Act 24 of 2020]<\/span><\/p>\n","post_title":"Section 234 (TAA) - Criminal offence relating to non-compliance with tax Acts","collection_order":413,"collection":598,"post_modified":"2022-02-19 20:22:21","post_date":"2015-10-15 12:12:19"},{"ID":"3343","post_content":"

    235. \u00a0 \u00a0Evasion of tax and obtaining undue refunds by fraud or theft<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person who with intent to evade or to assist another person to evade tax or to obtain an undue refund under a tax Act-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 makes or causes or allows to be made any false statement or entry in a return or other document, or signs a statement, return or other document so submitted without reasonable grounds for believing the same to be true;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 gives a false answer, whether orally or in writing, to a request for information made under this Act;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 prepares, maintains or authorises the preparation or maintenance of false books of account or other records or falsifies or authorises the falsification of books of account or other records;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 makes use of, or authorises the use of, fraud or contrivance; or<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 makes any false statement for the purposes of obtaining any refund of or exemption from tax,<\/span><\/p>\n

    <\/p>\n

    is guilty of an offence and, upon conviction, is subject to a fine or to imprisonment for a period not exceeding five years.<\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0Any person who makes a statement in the manner referred to in subsection (1) may, unless the person proves that there is a reasonable possibility that he or she was ignorant of the falsity of the statement and that the ignorance was not due to negligence on his or her part, be regarded as being aware of the falsity of the statement.<\/span><\/p>\n

    [Subsection (2) substituted by section 68 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Only a senior SARS official may lay a complaint with the South African Police Service or the National Prosecuting Authority regarding an offence under this section.<\/span><\/p>\n","post_title":"Section 235 (TAA) - Evasion of tax and obtaining undue refunds by fraud or theft","collection_order":414,"collection":598,"post_modified":"2019-03-06 20:41:00","post_date":"2015-10-15 12:12:19"},{"ID":"3345","post_content":"

    236. \u00a0 \u00a0Criminal offences relating to secrecy provisions<\/span><\/strong><\/p>\n

    <\/p>\n

    A person who contravenes the provisions of\u00a0section 67<\/a>(2), (3) or (4),\u00a068<\/a>(2),\u00a069<\/a>(1) or (6) or\u00a070<\/a>(5) is guilty of an offence and, upon conviction, is subject to a fine or to imprisonment for a period not exceeding two years.<\/p>\n

    [Section 236 substituted by section 69 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n","post_title":"Section 236 (TAA) - Criminal offences relating to secrecy provisions","collection_order":415,"collection":598,"post_modified":"2019-03-06 20:41:13","post_date":"2015-10-15 12:12:19"},{"ID":"3347","post_content":"

    237. \u00a0 \u00a0Criminal offences relating to filing return without authority<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A person who-<\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 submits a return or other document to SARS under a forged signature;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 uses an electronic or digital signature of another person in an electronic communication to SARS without the person\u2019s consent and authority; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 otherwise submits to SARS a communication on behalf of another person without the person\u2019s consent and authority,<\/span><\/p>\n

    \u00a0<\/p>\n

    is guilty of an offence and, upon conviction, is subject to a fine or to imprisonment for a period not exceeding two years.<\/p>\n","post_title":"Section 237 (TAA) - Criminal offences relating to filing return without authority","collection_order":416,"collection":598,"post_modified":"2019-03-06 20:41:24","post_date":"2015-10-15 12:12:19"},{"ID":"3349","post_content":"

    238. \u00a0 \u00a0Jurisdiction of courts in criminal matters<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A person charged with a tax offence may be tried in respect of that offence by a court having jurisdiction within any area in which that person resides or carries on business, in addition to jurisdiction conferred upon a court by any other law.<\/p>\n","post_title":"Section 238 (TAA) - Jurisdiction of courts in criminal matters","collection_order":417,"collection":598,"post_modified":"2019-03-06 20:41:36","post_date":"2015-10-15 12:12:19"},{"ID":"3351","post_content":"

    CHAPTER 18<\/strong><\/p>\n

    REGISTRATION OF TAX PRACTITIONERS AND REPORTING OF UNPROFESSIONAL CONDUCT<\/strong><\/p>\n","post_title":"Chapter 18 - Registration of tax practitioners and reporting of unprofessional conduct (TAA)","collection_order":418,"collection":598,"post_modified":"2019-03-06 20:41:48","post_date":"2015-10-15 12:12:19"},{"ID":"3353","post_content":"

    239. \u00a0 \u00a0Definitions<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    In this Chapter, unless the context otherwise indicates, the following terms, if in single quotation marks, have the following meanings:<\/p>\n","post_title":"Section 239 (TAA) - Definitions","collection_order":419,"collection":598,"post_modified":"2019-03-06 20:41:59","post_date":"2015-10-15 12:12:19"},{"ID":"3355","post_content":"

    \u2018controlling body\u2019<\/strong> means a body established, whether voluntarily or under a law, with power to take disciplinary action against a person who, in carrying on a profession, contravenes the applicable rules or code of conduct for the profession; and<\/p>\n","post_title":"\"Controlling body\" definition of section 239 of TAA","collection_order":420,"collection":598,"post_modified":"2017-05-26 12:11:10","post_date":"2015-10-15 12:12:19"},{"ID":"3357","post_content":"

    \u2018recognised controlling body\u2019<\/strong> means a \u2018controlling body\u2019 recognised by the Commissioner under section 240A<\/a>.<\/p>\n","post_title":"\"Recognised controlling body\" definition of section 239 of TAA","collection_order":421,"collection":598,"post_modified":"2017-05-26 12:11:15","post_date":"2015-10-15 12:12:19"},{"ID":"3359","post_content":"

    240. \u00a0 \u00a0Registration of tax practitioners<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Every natural person who-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 provides advice to another person with respect to the application of a tax Act; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 completes or assists in completing a return by another person,<\/span><\/p>\n

    <\/p>\n

    must-<\/p>\n

    <\/p>\n

    (i) \u00a0 \u00a0 \u00a0register with or fall under the jurisdiction of a \u2018recognised controlling body\u2019 by the later of 1 July 2013 or 21 business days after the date on which that person for the first time provides the advice or completes or assists in completing the return; and<\/span><\/p>\n

    <\/p>\n

    (ii) \u00a0 \u00a0 register with SARS as a tax practitioner in \u00a0<\/strong>the prescribed form and manner, <\/strong>within 21 business days after the date on which that person for the first time provides the advice or completes or assists in completing the return.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The provisions of this section do not apply in respect of a person who only-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 provides the advice or completes or assists in completing a return for no consideration to that person or his or her employer or a connected person in relation to that employer or that person;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 provides the advice in anticipation of or in the course of any litigation to which the Commissioner is a party or where the Commissioner is a complainant;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 provides the advice as an incidental or subordinate part of providing goods or other services to another person;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 provides the advice or completes or assists in completing a return \u2013<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 to or in respect of the employer by whom that person is employed on a full-time basis or to or in respect of the employer and connected persons in relation to the employer; or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 under the supervision of a registered tax practitioner who has assigned or approved the assignment of those functions to the person.<\/span><\/p>\n

    <\/p>\n

    (2A)\u00a0 A tax practitioner who has assigned or approved the assignment of functions to a person under subsection (2)(d)(ii) is regarded as accountable for the actions of that person in performing those functions for the purposes of a complaint to a recognised controlling body under section 241<\/a>(2).<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A person may not register as a tax practitioner under subsection (1) or SARS may deregister a registered tax practitioner if the person or the registered tax practitioner, as the case may be-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 during the preceding five years has been removed from a related profession by a \u2018controlling body\u2019 for serious misconduct;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 during the preceding five years has been convicted (whether in the Republic or elsewhere) of-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 theft, fraud, forgery or uttering a forged document, perjury or an offence under the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004); or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 any other offence involving dishonesty,<\/span><\/p>\n

    <\/p>\n

    for which the person has been sentenced to a period of imprisonment exceeding two years without the option of a fine or to a fine exceeding the amount prescribed in the Adjustment of Fines Act, 1991 (Act 101 of 1991);<\/p>\n

    [Paragraph (b<\/em>)\u00a0amended by\u00a0section 60(b<\/em>)\u00a0of\u00a0Act 44 of 2014\u00a0and by\u00a0section 24(a<\/em>)\u00a0of\u00a0Act 22 of 2018.]<\/span><\/p>\n

    <\/p>\n

    (c) during the preceding five years has been convicted of a serious tax offence; or<\/span><\/p>\n

    [Paragraph (c<\/em>)\u00a0added by\u00a0section 60(b<\/em>)\u00a0of\u00a0Act 44 of 2014\u00a0and amended by\u00a0section 24(b<\/em>)\u00a0of\u00a0Act 22 of 2018.]<\/span><\/p>\n

    <\/p>\n

    (d) during the preceding 12 months has for an aggregate period of at least six months not been tax compliant to the extent referred to in section 256(3) and has failed to\u2014<\/span><\/p>\n

    <\/p>\n

    (i) demonstrate that he or she has been compliant for that period; or<\/span><\/p>\n

    <\/p>\n

    (ii) remedy the non-compliance,<\/span><\/p>\n

    <\/p>\n

    within the period specified in a notice by SARS.<\/p>\n

    [Subsection (3)\u00a0amended by\u00a0section 60(a<\/em>) of Act 44 of 2014 effective on 1 October 2012. Paragraph (d<\/em>)\u00a0added by\u00a0section 24(c<\/em>)\u00a0of\u00a0Act 22 of 2018.]<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 If prosecution for a serious tax offence has been instituted but not finalised against a person or registered tax practitioner and if the person or registered tax practitioner continues with the commission of a serious tax offence after the criminal proceedings have been instituted, a senior SARS official may-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 not register the person as a registered tax practitioner; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 suspend the registration of the registered tax practitioner,<\/span><\/p>\n

    <\/p>\n

    for the duration of the criminal proceedings commencing on the date that prosecution is instituted and ending on the date that the person or registered tax practitioner is finally acquitted.<\/p>\n","post_title":"Section 240 (TAA) - Registration of tax practitioners","collection_order":422,"collection":598,"post_modified":"2020-08-29 21:02:50","post_date":"2015-10-15 12:12:19"},{"ID":"3361","post_content":"

    240A. \u00a0 \u00a0Recognition of controlling bodies<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Commissioner must recognise as a \u2018recognised controlling body\u2019-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 .\u00a0.\u00a0.\u00a0.\u00a0.\u00a0.\u00a0<\/span><\/span><\/p>\n

    [Paragraph (a)\u00a0deleted by\u00a0section 28\u00a0of\u00a0Act\u00a016 of 2022]<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the Legal Practice Council established under the Legal Practice Act, 2014 (Act 28 of 2014)\u037e<\/span><\/p>\n

    [Paragraph (b) substituted by section 44(a) of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 . . . . . .<\/span><\/p>\n

    [Paragraph (c) deleted by section 44(b) of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 a statutory body that the Minister is satisfied is similar to the statutory bodies in this subsection and the details of which are published in the Gazette<\/em>.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The Commissioner may recognise a \u2018controlling body\u2019, for natural persons who provide advice with respect to the application of a tax Act or complete returns, as a \u2018recognised controlling body\u2019 if the body-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 in respect of such persons, maintains relevant and effective-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 minimum qualification and experience requirements;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 continuing professional education requirements;<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0 codes of ethics and conduct; and<\/span><\/p>\n

    <\/p>\n

    (iv)\u00a0\u00a0\u00a0 disciplinary codes and procedures;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 is approved in terms of section 30B<\/a> of the Income Tax Act<\/a> for purposes of section 10(1)(d)<\/a>(iv) of the Act; and<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 has at least 1 000 members when applying for recognition or reasonable prospects of having 1 000 members within a year of applying.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A body must within the prescribed time period and in the prescribed form and manner, if recognised under-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 subsection (1), submit a list of its members to whom the provisions under section 240<\/a>(1) apply; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 subsection (2), submit a report on its members and compliance with this Chapter.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 The Minister may appoint a panel of retired judges or persons of similar stature and competence one or more of whom may decide, on behalf of a body recognised under subsection (2), complaints lodged under section 241<\/a>\u2013<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 at the request of the body; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 if the Minister is satisfied that the body\u2019s disciplinary process is ineffective.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 The costs of the panel in deciding complaints will be borne equally by such a body and SARS.<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 If a body recognised under subsection (2) no longer meets the listed requirements, the Commissioner must notify it that if it does not take corrective steps within the period specified in the notice, its recognition will be withdrawn at the end of the period.<\/span><\/p>\n","post_title":"Section 240A (TAA) - Recognition of controlling bodies","collection_order":423,"collection":598,"post_modified":"2023-01-28 20:06:05","post_date":"2015-10-15 12:12:19"},{"ID":"3363","post_content":"

    241. \u00a0 \u00a0Complaint to controlling body<\/span> <\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may lodge a complaint with a \u2018controlling body\u2019 if a person who carries on a profession governed by the \u2018controlling body\u2019, did or omitted to do anything with respect to the affairs of a taxpayer, including that person\u2019s affairs, that in the opinion of the official-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 was intended to assist the taxpayer to avoid or unduly postpone the performance of an obligation imposed on the taxpayer under a tax Act;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 by reason of negligence on the part of the person resulted in the avoidance or undue postponement of the performance of an obligation imposed on the taxpayer under a tax Act;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 constitutes a contravention of a rule or code of conduct for the profession which may result in disciplinary action being taken against the person by the body;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 constitutes conduct under subsection (2) by a registered tax practitioner.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A senior SARS official may lodge a complaint with a \u2018recognised controlling body\u2019 if a registered tax practitioner has, in the opinion of the official-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 without exercising due diligence prepared or assisted in the preparation, approval or submission of any return, affidavit or other document relating to matters affecting the application of a tax Act;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 unreasonably delayed the finalisation of any matter before SARS;<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 given an opinion contrary to clear law, recklessly or through gross incompetence, with regard to any matter relating to a tax Act;<\/span><\/p>\n

    \u00a0<\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 been grossly negligent with regard to any work performed as a registered tax practitioner;<\/span><\/p>\n

    \u00a0<\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 knowingly given false or misleading information in connection with matters affecting the application of a tax Act or participated in such activity; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 directly or indirectly attempted to influence a SARS official with regard to any matter relating to a tax Act by the use of threats, false accusations, duress, or coercion, or by offering gratification as defined in the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004).<\/span><\/p>\n","post_title":"Section 241 (TAA) - Complaint to controlling body","collection_order":424,"collection":598,"post_modified":"2019-03-06 20:42:54","post_date":"2015-10-15 12:12:19"},{"ID":"3365","post_content":"

    242. \u00a0 \u00a0Disclosure of information regarding complaint and remedies of taxpayer<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Despite section 69<\/a>, the senior SARS official lodging a complaint under section 241<\/a> may disclose the taxpayer information as in the opinion of the official is necessary to lay before the \u2018controlling body\u2019 to which the complaint is made.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Before a complaint is lodged or information is disclosed, SARS must deliver to the taxpayer concerned and the person against whom the complaint is to be made notification of the intended complaint and information to be disclosed.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The taxpayer or that person may, within 21 business days after the date of the notification, lodge with SARS an objection to the lodging of the complaint or disclosure of the information.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 If on the expiry of that period of 21 business days no objection has been lodged or, if an objection has been lodged and SARS is not satisfied that the objection should be sustained, a senior SARS official may thereupon lodge the complaint as referred to in section 241<\/a>.<\/span><\/p>\n","post_title":"Section 242 (TAA) - Disclosure of information regarding complaint and remedies of taxpayer","collection_order":425,"collection":598,"post_modified":"2019-03-06 20:43:09","post_date":"2015-10-15 12:12:19"},{"ID":"3367","post_content":"

    243. \u00a0 \u00a0Complaint considered by controlling body<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The complaint is to be considered by the \u2018controlling body\u2019 according to its rules.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A hearing of the matter where details of a person\u2019s tax affairs will be disclosed, may be attended only by persons whose attendance, in the opinion of the \u2018controlling body\u2019, is necessary for the proper consideration of the complaint.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 The \u2018controlling body\u2019 and its members must preserve secrecy in regard to the information as to the affairs of a person as may be conveyed to them by SARS or as may otherwise come to their notice in the investigation of the complaint and must not communicate the information to a person other than the person concerned or the person against whom the complaint is lodged, unless the disclosure of the information is ordered by a competent court of law.<\/span><\/p>\n","post_title":"Section 243 (TAA) - Complaint considered by controlling body","collection_order":426,"collection":598,"post_modified":"2019-03-06 20:43:25","post_date":"2015-10-15 12:12:19"},{"ID":"3369","post_content":"

    CHAPTER 19<\/strong><\/p>\n

    GENERAL PROVISIONS<\/strong><\/p>\n","post_title":"Chapter 19 - General provisions (TAA)","collection_order":427,"collection":598,"post_modified":"2019-03-06 20:43:38","post_date":"2015-10-15 12:12:19"},{"ID":"3371","post_content":"

    244. \u00a0 \u00a0Deadlines<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a day notified by SARS or specified in a tax Act for payment, submission or other action; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the last day of a period within which payment, submission or other action under a tax Act must be made,<\/span><\/p>\n

    \u00a0<\/p>\n

    falls on a Saturday, Sunday or public holiday, the action must be done not later than the last business day before the Saturday, Sunday or public holiday.<\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The Commissioner may prescribe the time of day by which a payment, submission or other action must be done, and if it is done after that time on the day it is regarded as done on the first business day following the specified day.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If SARS is authorised to extend a deadline, the application for extension must be submitted to SARS in the prescribed form before the deadline expires unless-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 reasonable grounds exist for the delay and the application is submitted within 21 business days of the deadline; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the delay is due to a circumstance referred to in section 218<\/a>(2)(a) to (e) or any other circumstance of analogous seriousness and the application is submitted within three years of the deadline.<\/span><\/p>\n","post_title":"Section 244 (TAA) - Deadlines","collection_order":428,"collection":598,"post_modified":"2019-03-06 20:43:51","post_date":"2015-10-15 12:12:19"},{"ID":"3373","post_content":"

    245. \u00a0 \u00a0Power of Minister to determine date for submission of returns and payment of tax<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Despite any other provision of a tax Act, if the date for the submission of a return or the payment of tax is the last day of the financial year of the Government, the Minister may by public notice prescribe any other date for submission of the return and payment of the tax, which date must not fall on a day more than two business days prior to the last day of that year.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The notice contemplated in subsection (1) must be published at least 21 business days prior to the date so prescribed by the Minister.<\/span><\/p>\n","post_title":"Section 245 (TAA) - Power of Minister to determine date for submission of returns and payment of tax","collection_order":429,"collection":598,"post_modified":"2019-03-06 20:44:03","post_date":"2015-10-15 12:12:19"},{"ID":"3375","post_content":"

    246. \u00a0 \u00a0Public officers of companies<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Every company carrying on business or having an office in the Republic must at all times be represented by an individual residing in the Republic.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The individual representative under subsection (1) must be-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 approved by SARS and-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 must be a person who is a senior official of the company; or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 if no senior official resides in the Republic, may be another suitable person;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0appointed by the company or by an agent or legal practitioner who has authority to appoint such a representative for the purposes of a tax Act\u037e<\/span><\/p>\n

    [Paragraph (b) substituted by section 45 of Act 33 of 2019]<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 called the public officer of the company; and<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 appointed within one month after the company begins to carry on business or acquires an office in the Republic.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If a public officer is not appointed as required under this section, the public officer is the director, company secretary or other officer of the company that SARS designates for that purpose.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A company that has not appointed a public officer is subject to a tax Act as if a tax Act did not require the public officer to be appointed.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A public officer is responsible for all acts, matters, or things that the public officer\u2019s company must do under a tax Act, and in case of default, the public officer is subject to penalties for the company\u2019s defaults.<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 A public officer\u2019s company is regarded as having done everything done by the public officer in the officer\u2019s representative capacity.<\/span><\/p>\n

    <\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 If SARS is of the opinion that a person is no longer suitable to represent the company as public officer SARS may withdraw its approval under subsection (2)(a).<\/span><\/p>\n


    <\/p>\n

    (8)\u00a0\u00a0\u00a0\u00a0\u00a0A person who is disqualified in terms of section 6 of the Trust Property Control Act, 1988 (Act 57 of 1988), section 25A of the Nonprofit Organisations Act, 1997 (Act 71 of 1997), or section 69 of the Companies Act, 2008 (Act 78 of 2008), may not be appointed as a public officer under this section<\/span><\/span><\/p>\n

    [Subsection (8)\u00a0added by\u00a0section\u00a030\u00a0of\u00a0Act\u00a018 of 2023]<\/span><\/p>\n","post_title":"Section 246 (TAA) - Public officers of companies","collection_order":430,"collection":598,"post_modified":"2024-01-20 20:41:47","post_date":"2015-10-15 12:12:19"},{"ID":"3377","post_content":"

    247. \u00a0 \u00a0Company address for notices and documents<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A company referred to in section 246<\/a>(1) must, within the period referred to in section 246<\/a>(2)(d), appoint a place within the Republic approved by SARS at which SARS may serve, deliver or send the company a notice or other document provided for under a tax Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Every notice, process, or proceeding which under a tax Act may be given to, served upon or taken against a company referred to in section 246<\/a>(1), may be given to, served upon, or taken against its public officer, or if at any time there is no public officer, any officer or person acting or appearing to act in the management of the business or affairs of the company or as agent for the company.<\/span><\/p>\n","post_title":"Section 247 (TAA) - Company address for notices and documents","collection_order":431,"collection":598,"post_modified":"2019-03-06 20:44:24","post_date":"2015-10-15 12:12:19"},{"ID":"3379","post_content":"

    248. \u00a0 \u00a0Public officer in event of liquidation, winding-up or business rescue<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 In the event of a company referred to in section 246<\/a>(1) being placed in voluntary or compulsory liquidation, the liquidator or liquidators duly appointed are required to exercise in respect of the company all the functions and assume all the responsibilities of a public officer under a tax Act during the continuance of the liquidation.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 In the event of a company referred to in section 246<\/a>(1) being subject to a business rescue plan referred to in Part D of Chapter 6 of the \u201cCompanies Act\u201d, the business rescue practitioner as defined in that Chapter is required to exercise, in respect of the company, all the functions and assume all the responsibilities of a public officer under a tax Act for the period that the company is subject to the business rescue plan.<\/span><\/p>\n","post_title":"Section 248 (TAA) - Public officer in event of liquidation, winding-up or business rescue","collection_order":432,"collection":598,"post_modified":"2019-03-06 20:44:36","post_date":"2015-10-15 12:12:19"},{"ID":"3381","post_content":"

    249. \u00a0 \u00a0Default in appointing public officer or address for notices or documents<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 No appointment is deemed to have been made under section 246<\/a>(2) until notice thereof specifying the name of the public officer and an address for service or delivery of notices and documents has been given to SARS.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A company must-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 keep the office of public officer constantly filled and must at all times maintain a place for the service or delivery of notices in accordance with section 247<\/a>(1); and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 notify SARS of every change of public officer or the place for the service or delivery of notices within 21 business days of the change taking effect.<\/span><\/p>\n","post_title":"Section 249 (TAA) - Default in appointing public officer or address for notices or documents","collection_order":433,"collection":598,"post_modified":"2019-03-06 20:44:52","post_date":"2015-10-15 12:12:19"},{"ID":"3383","post_content":"

    250. \u00a0 \u00a0Authentication of documents<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A form, notice, demand or other document issued or given by or on behalf of SARS or a SARS official under a tax Act is sufficiently authenticated if the name of SARS or the name or official designation of the SARS official is stamped or printed on it.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A return made or purporting to be made or signed by or on behalf of a person is regarded as duly made and signed by the person affected unless the person proves that the return was not made or signed by the person or on the person\u2019s behalf.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Subsection (2) applies to other documents submitted to SARS by or on behalf of a person.<\/span><\/p>\n","post_title":"Section 250 (TAA) - Authentication of documents","collection_order":434,"collection":598,"post_modified":"2019-03-06 20:45:05","post_date":"2015-10-15 12:12:19"},{"ID":"3385","post_content":"

    251. \u00a0 \u00a0<\/strong>Delivery of documents to persons other than companies<\/strong><\/span><\/p>\n

    <\/p>\n

    If a tax Act requires or authorises SARS to issue, give, send, or serve a notice, document or other communication to a person (other than a company), SARS is regarded as having issued, given, sent or served the communication to the person if-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 handed to the person;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 left with another person over 16 years of age apparently residing or employed at the person\u2019s last known residence, office or place of business;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 sent to the person by post to the person\u2019s last known address, which includes-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 a residence, office or place of business referred to in paragraph (b);or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the person\u2019s last known post office box number or that of the person\u2019s employer; or<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0sent to the person\u2019s last known electronic address, which includes-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the person\u2019s last known email address;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0the person\u2019s last known telefax number; or<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0the person\u2019s electronic address as defined in the rules issued under\u00a0section 255<\/a>(1).<\/span><\/p>\n

    [Paragraph (d) substituted by section 70 of Act 23 of 2015 effective on 25 August 2014]<\/span><\/p>\n","post_title":"Section 251 (TAA) - Delivery of documents to persons other than companies","collection_order":435,"collection":598,"post_modified":"2019-03-06 20:45:21","post_date":"2015-10-15 12:12:19"},{"ID":"3387","post_content":"

    252. \u00a0 \u00a0Delivery of documents to companies<\/span><\/strong><\/p>\n

    <\/p>\n

    If a tax Act requires or authorises SARS to issue, give, send or serve a notice, document or other communication to a company, SARS is regarded as having issued, given, sent or served the communication to the company if-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 handed to the public officer of the company;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 left with a person older than 16 years apparently residing or employed at-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 the place appointed by the company under section 247<\/a>; or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 where no such place has been appointed by the company, the last known office or place of business of the company;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 sent by post addressed to the company or its public officer at the company or public officer\u2019s last known address, which includes-<\/span><\/p>\n

    <\/p>\n

    (i) \u00a0 \u00a0 an office or place referred to in paragraph (b);or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the company or public officer\u2019s last known post office box number or that of the public officer\u2019s employer; or<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0sent to the company or its public officer\u2019s last known electronic address, which includes the-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0last known email address;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0last known telefax number; or<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0electronic address as defined in the rules issued under\u00a0section 255<\/a>(1).<\/span><\/p>\n

    [Paragraph (d) substituted by section 71 of Act 23 of 2015 effective on 25 August 2014]<\/span><\/p>\n","post_title":"Section 252 (TAA) - Delivery of documents to companies","collection_order":436,"collection":598,"post_modified":"2019-03-06 20:45:34","post_date":"2015-10-15 12:12:19"},{"ID":"3389","post_content":"

    253. \u00a0 \u00a0Documents delivered deemed to have been received<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A notice, document or other communication issued, given, sent or served in the manner referred to in section 251<\/a> or 252<\/a>, is regarded as received by the person to whom it was delivered or left, or if posted it is regarded as having been received by the person to whom it was addressed at the time when it would, in the ordinary course of post, have arrived at the addressed place.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Subsection (1) does not apply if-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 SARS is satisfied that the notice, document or other communication was not received or was received at some other time; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a court decides that the notice, document or other communication was not received or was received at some other time.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If SARS is satisfied that-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a notice, document or other communication (other than a notice of assessment) issued, given, sent or served in a manner referred to in section 251<\/a> or 252<\/a> (excluding paragraphs (a) and (b) thereof)-<\/span><\/p>\n

    \u00a0<\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 has not been received by the addressee; or<\/span><\/p>\n

    \u00a0<\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 has been received by that person considerably later than it should have been received; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the person has in consequence been placed at a material disadvantage,<\/span><\/p>\n

    \u00a0<\/p>\n

    the notice, document or other communication must be withdrawn and be issued, given, sent or served anew.<\/p>\n","post_title":"Section 253 (TAA) - Documents delivered deemed to have been received","collection_order":437,"collection":598,"post_modified":"2019-03-06 20:45:46","post_date":"2015-10-15 12:12:19"},{"ID":"3391","post_content":"

    254. \u00a0 \u00a0Defect does not affect validity<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A notice of assessment or other notice or document issued to a person under a tax Act is not to be considered invalid or ineffective by reason of a failure to comply with the requirements of section 251<\/a> or 252<\/a> if the person had effective knowledge of the fact of the notice or document and of its content.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 A notice of assessment or other notice or document issued under a tax Act is not to be considered invalid or ineffective by reason of defects if it is, in substance and effect, in conformity with this Act, and the person assessed or affected by the notice or document is designated in it according to common understanding.<\/span><\/p>\n","post_title":"Section 254 (TAA) - Defect does not affect delivery","collection_order":438,"collection":598,"post_modified":"2019-03-06 20:45:57","post_date":"2015-10-15 12:12:19"},{"ID":"3393","post_content":"

    255. \u00a0 \u00a0Rules for electronic communication<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Commissioner may by public notice make rules prescribing-<\/span><\/p>\n

    \u00a0<\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the procedures for submitting a return in electronic format, electronic record retention and\u00a0 other electronic communications between SARS and other persons;<\/span><\/p>\n

    \u00a0<\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 requirements for an electronic or digital signature of a return or communication; and<\/span><\/p>\n

    \u00a0<\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 the procedures for electronic record retention by SARS.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 SARS may, in the case of a return or other document submitted in electronic format, accept an electronic or digital signature of a person as a valid signature for purposes of a tax Act if a signature is required.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 If in any proceedings under a tax Act, the question arises whether an electronic or digital signature of a person referred to in subsection (2) was used with the authority of the person, it must be assumed, in the absence of proof to the contrary, that the signature was so used.<\/span><\/p>\n","post_title":"Section 255 (TAA) - Rules for electronic communication","collection_order":439,"collection":598,"post_modified":"2019-03-06 20:46:16","post_date":"2015-10-15 12:12:19"},{"ID":"3395","post_content":"

    256. \u00a0 \u00a0Tax compliance status<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0\u00a0A taxpayer may apply, in the prescribed form and manner, to SARS for third party access to the taxpayer\u2019s tax compliance status.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0SARS must provide or decline to provide third party access to the taxpayer\u2019s tax compliance status within 21 business days from the date the application is submitted or such longer period as may reasonably be required to confirm the correctness of the taxpayer\u2019s tax compliance status.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0\u00a0The taxpayer\u2019s tax compliance status may only be indicated as compliant if the taxpayer-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 is registered for tax as required in terms of a tax Act\u037e<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 does not have any outstanding tax debt, excluding a tax debt-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0contemplated in section 167<\/a> or 204<\/a>\u037e or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0that has been suspended under section 164<\/a>\u037e or<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0that may not be recovered for the period specified in section 164<\/a>(6)\u037e or<\/span><\/p>\n

    <\/p>\n

    (iv)\u00a0\u00a0\u00a0\u00a0that does not exceed the amount referred to in section 169<\/a>(4) or any higher amount that the Commissioner may determine by public notice\u037e and<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0does not have any outstanding return, unless an arrangement with SARS has been made for the submission of the return.<\/span><\/p>\n

    <\/p>\n

    (4) \u00a0\u00a0\u00a0\u00a0An indication of the tax compliance status of a taxpayer must include at least\u2014<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the date of the tax compliance status of the taxpayer;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the name and taxpayer reference number of the taxpayer;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0the taxpayer\u2019s tax compliance status as at the date referred to in paragraph (a); and<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0an indication that the taxpayer is a newly registered taxpayer until-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the taxpayer, on the date referred to in paragraph (a), has-<\/span><\/p>\n

    <\/p>\n

    (aa)\u00a0\u00a0\u00a0reached the first date on which the taxpayer is required to submit a return or make a payment under a tax Act in respect of a tax for which the taxpayer is registered; or<\/span><\/p>\n

    <\/p>\n

    (bb)\u00a0\u00a0\u00a0submitted the return or made the payment, prior to the date referred to in item (aa); or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0a period of one year from the date the taxpayer was registered for a tax in terms of a tax Act has lapsed,<\/span><\/p>\n

    <\/p>\n

    whichever occurs first. <\/p>\n

    [Subsection (4)\u00a0substituted by\u00a0section 29(a)\u00a0of\u00a0Act\u00a016 of 2022]<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0\u00a0Despite the provisions of Chapter 6<\/a>, SARS may indicate the taxpayer\u2019s tax compliance status as at a current date, or a previous date as prescribed by the Minister in a regulation under section 257<\/a>(2A), to\u2014<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0an organ of state\u037e or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0a person to whom the taxpayer has provided third party access to the taxpayer\u2019s tax compliance status.<\/span><\/p>\n

    <\/p>\n

    (6) \u00a0\u00a0\u00a0 A senior SARS official may revoke access to the taxpayer\u2019s tax compliance status in terms of subsection (5), if-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0the access was provided-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in error; or<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0on the basis of fraud, misrepresentation or non-disclosure of material facts; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the correctness of the taxpayer\u2019s current tax compliance status is questioned due to suspicion of fraud, misrepresentation or non-disclosure of material facts,<\/span><\/p>\n

    <\/p>\n

    and SARS has given the taxpayer prior notice and an opportunity to respond to the allegations of at least 10 business days prior to the revocation.<\/p>\n

    [Subsection (6)\u00a0substituted by\u00a0section 29(b)\u00a0of\u00a0Act\u00a016 of 2022]<\/span><\/p>\n

    <\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0\u00a0A taxpayer\u2019s tax compliance status will be indicated as non\u00adcompliant by SARS for the period commencing on the date that the taxpayer no longer complies with a requirement under subsection (3), or such later date as the Commissioner may prescribe, and ending on the date that the taxpayer remedies the non\u00adcompliance.<\/span><\/p>\n

    [Section 256 substituted by section 89(1) of Act 21 of 2012, amended by section 85 of Act 39 of 2013, substituted by section 64(1) of Act 44 of 2014, amended by section 72 of Act 23 of 2015 and substituted by section 46 of Act 33 of 2019]<\/span><\/p>\n","post_title":"Section 256 (TAA) - Tax compliance status","collection_order":440,"collection":598,"post_modified":"2024-01-20 20:42:28","post_date":"2015-10-15 12:12:19"},{"ID":"3397","post_content":"

    257. \u00a0 \u00a0Regulations by Minister<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Minister may make regulations regarding-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 any matter which under this Act is required or permitted to be prescribed.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The Minister may, after consultation with the Tax Ombud, make regulations regarding-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the proceedings of the Tax Ombud; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the limitations on the mandate of the Tax Ombud, having regard to-<\/span><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0 the factual or legal complexity of any complaint dealt with by the Tax Ombud;<\/span><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0 the nature of the taxpayer whose complaint is dealt with by the Tax Ombud; and<\/span><\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0 the maximum amount involved in the dispute between the taxpayer and SARS.<\/span><\/p>\n

    <\/p>\n

    (2A)\u00a0\u00a0For purposes of a confirmation of tax compliance status of a taxpayer under\u00a0section 256<\/a>, the Minister may make regulations regarding-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0the circumstances when a confirmation or an update of or a change in the tax compliance status of a taxpayer may be required from a person or SARS;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the period of validity of a confirmation of tax compliance status of a taxpayer; or<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0any procedure to further regulate the issue or withdrawal of a confirmation of tax compliance status of a taxpayer.<\/span><\/p>\n

    [Subsection (2A) inserted by section 90 of Act 21 of 2012 effective on 1 October 2012, substituted by section 73 of Act 23 of 2015 effective on 8 January 2016]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 For purposes of the regulations referred to in paragraph (e) of the definition of \u201cbiometric information\u201d in section 1<\/a>, the Minister must publish the draft regulations in the Gazette<\/em> for public comment and submit the draft regulations to Parliament for parliamentary scrutiny at least 30 days before the draft regulations are published.<\/span><\/p>\n","post_title":"Section 257 (TAA) - Regulations by Minister","collection_order":441,"collection":598,"post_modified":"2019-03-06 20:46:40","post_date":"2015-10-15 12:12:19"},{"ID":"3399","post_content":"

    CHAPTER 20<\/strong><\/p>\n

    TRANSITIONAL PROVISIONS<\/strong><\/p>\n","post_title":"Chapter 20 - Transitional provisions (TAA)","collection_order":442,"collection":598,"post_modified":"2019-03-06 20:47:00","post_date":"2015-10-15 12:12:19"},{"ID":"3401","post_content":"

    258. \u00a0 \u00a0New taxpayer reference number<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    If a person has been allocated a taxpayer, tax or other reference number for purposes of a tax Act before the promulgation of this Act, the number remains in force until the time that SARS allocates a taxpayer reference number to the person under section 24<\/a> for purposes of the relevant tax type.<\/p>\n","post_title":"Section 258 (TAA) - New taxpayer reference number","collection_order":443,"collection":598,"post_modified":"2019-03-06 20:47:18","post_date":"2015-10-15 12:12:19"},{"ID":"3403","post_content":"

    259. \u00a0 \u00a0Appointment of Tax Ombud<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 The Minister must appoint a person as Tax Ombud under section 14<\/a> within one year of the commencement date of this Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The first Tax Ombud appointed under this Act may not review a matter that arose more than one year before the day on which the Tax Ombud is appointed, unless the Minister requests the Tax Ombud to do so.<\/span><\/p>\n","post_title":"Section 259 (TAA) - Appointment of Tax Ombud","collection_order":444,"collection":598,"post_modified":"2019-03-06 20:47:34","post_date":"2015-10-15 12:12:19"},{"ID":"3405","post_content":"

    260. \u00a0 \u00a0Provisions relating to secrecy<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A person who took and subscribed to an oath or solemn declaration of secrecy under a tax Act before the commencement date of this Act is regarded as having taken and subscribed to the oath or solemn declaration under section 67<\/a>(2).<\/p>\n","post_title":"Section 260 (TAA) - Provisions related to secrecy","collection_order":445,"collection":598,"post_modified":"2019-03-06 20:47:47","post_date":"2015-10-15 12:12:19"},{"ID":"3407","post_content":"

    261. \u00a0 \u00a0Public officer previously appointed<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A public officer appointed or regarded as appointed under a tax Act and holding office immediately before the commencement date of this Act, is regarded as a public officer appointed under this Act.<\/p>\n","post_title":"Section 261 (TAA) - Public officer previously appointed","collection_order":446,"collection":598,"post_modified":"2019-03-06 20:48:39","post_date":"2015-10-15 12:12:19"},{"ID":"3409","post_content":"

    262. \u00a0 \u00a0Appointment of chairpersons of tax board<\/span><\/strong><\/p>\n

    <\/p>\n

    A legal practitioner appointed to the panel of persons who may serve as chairpersons of the tax board under a tax Act, who is on that panel immediately before the commencement date of this Act, is regarded as appointed under the provisions of section 111<\/a> until the earlier of-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0the expiry of the legal practitioner\u2019s appointment under the provisions previously in force\u037e or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0termination of the legal practitioner\u2019s appointment under section 111<\/a>(3).<\/span><\/p>\n

    [Section 262 substituted by section 47 of Act 33 of 2019]<\/span><\/p>\n","post_title":"Section 262 (TAA) - Appointment of chairperson of tax board","collection_order":447,"collection":598,"post_modified":"2021-08-06 09:35:13","post_date":"2015-10-15 12:12:19"},{"ID":"3411","post_content":"

    263. \u00a0 \u00a0Appointment of members of tax court<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    A member of the tax court appointed under a tax Act who is a member immediately before the commencement date of this Act is regarded as appointed under the provisions of section 120<\/a>(1) until the expiry of his or her term of office in terms of the provisions previously in force, or until his or her appointment in terms of section 120<\/a>(4) is terminated or lapses.<\/p>\n","post_title":"Section 263 (TAA) - Appointment of members of tax court","collection_order":448,"collection":598,"post_modified":"2019-03-06 20:49:02","post_date":"2015-10-15 12:12:19"},{"ID":"3413","post_content":"

    264. \u00a0 \u00a0Continuation of tax board, tax court and court rules<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A tax board or tax court that was established under a tax Act and exists immediately before the commencement date of this Act, is regarded as established under section 108<\/a> or 116<\/a>, respectively, of this Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Rules of court issued by the Minister under a tax Act that are in force immediately before the commencement date of this Act continue in force as if they were issued under section 103<\/a>.<\/span><\/p>\n","post_title":"Section 264 (TAA) - Continuation of tax board, tax court and court rules","collection_order":449,"collection":598,"post_modified":"2019-03-06 20:49:13","post_date":"2015-10-15 12:12:19"},{"ID":"3415","post_content":"

    265. \u00a0 \u00a0Continuation of appointment to a post or office or delegation by Commissioner<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 A person appointed to a post or office or delegated by the Commissioner under the SARS Act or a tax Act, which appointment or delegation is in force immediately before the commencement date of this Act, is regarded as appointed or delegated under this Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Subsection (1) applies until the person is so appointed or delegated under this Act or the appointment or delegation is withdrawn.<\/span><\/p>\n","post_title":"Section 265 (TAA) - Continuation of appointment to a post or office or delegation by Commissioner","collection_order":450,"collection":598,"post_modified":"2019-03-06 20:49:23","post_date":"2015-10-15 12:12:19"},{"ID":"3417","post_content":"

    266. \u00a0 \u00a0Continuation of authority to audit<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    If a SARS official was issued a letter authorising the official to audit under a tax Act, and the letter is in force immediately before the commencement date of this Act, the letter is regarded as issued to the official under section 41<\/a>.<\/p>\n","post_title":"Section 266 (TAA) - Continuation of authority to audit","collection_order":451,"collection":598,"post_modified":"2019-03-06 20:49:35","post_date":"2015-10-15 12:12:19"},{"ID":"3419","post_content":"

    267. \u00a0 \u00a0Conduct of inquiries and execution of search and seizure warrants<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 If the Commissioner authorised an inquiry under a tax Act and a judge granted an order designating a person to act as presiding officer in the inquiry before the commencement date of this Act, the inquiry is regarded as authorised under sections 50<\/a> and 51<\/a>.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 If a judge issued a search and seizure warrant under a tax Act that has not been executed before the commencement date of this Act, the warrant is regarded as issued under section 60<\/a>.<\/span><\/p>\n","post_title":"Section 267 (TAA) - Conduct of inquiries and execution of search and seizure warrants","collection_order":452,"collection":598,"post_modified":"2019-03-06 20:49:45","post_date":"2015-10-15 12:12:19"},{"ID":"3421","post_content":"

    268. \u00a0 \u00a0Application of Chapter 15<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    Chapter 15<\/a> applies to non-compliance resulting from a continuous failure by a person to comply with an obligation that exists on the date a notice referred to in section 210<\/a>(2) comes into effect, in which case the date on which the non-compliance occurred will be regarded as the date that notice came into effect.<\/p>\n","post_title":"Section 268 (TAA) - Application of Chapter 15","collection_order":453,"collection":598,"post_modified":"2019-03-06 20:49:55","post_date":"2015-10-15 12:12:19"},{"ID":"3423","post_content":"

    269. \u00a0 \u00a0Continuation of authority, rights and obligations<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Rules, notices and regulations issued under the provisions of a tax Act repealed by this Act that are in force immediately before the commencement date of this Act, remain in force as if they were issued under the equivalent provisions of this Act, to the extent consistent with this Act, until new rules, notices and regulations are issued under such provisions.<\/span><\/p>\n

    \u00a0<\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 Forms prescribed under the authority of a tax Act before the commencement date of this Act, and in use immediately before the date of commencement of this Act, are considered to have been prescribed under the authority of this Act, to the extent consistent with this Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Rulings and opinions issued under the provisions of a tax Act repealed by this Act and in force immediately before the commencement date of this Act, which have not been revoked, are regarded as having been issued under the authority of this Act to the extent relevant to and consistent with this Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 An order of a court under the authority of a tax Act and in force immediately before the commencement date of this Act, continues to have the same force and effect as if the provisions had not been repealed or amended, subject to any further order of the court.<\/span><\/p>\n

    \u00a0<\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 A right or entitlement enjoyed by, or obligation imposed on, a person under the repealed or amended provisions of a tax Act, that had not been exercised or complied with before the commencement date of this Act, is a valid right or entitlement of, or obligation imposed on, that person in terms of any comparable provision of this Act, as from the date that the right, entitlement or obligation first arose, subject to the provisions of this Act.<\/span><\/p>\n

    \u00a0<\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 The commission of an offence before the commencement date of this Act which is a statutory offence under the provisions of a tax Act repealed by this Act, may be investigated by SARS, in the manner referred to in Chapter 5<\/a>, and prosecuted as if the statutory offence remained in force.<\/span><\/p>\n","post_title":"Section 269 (TAA) - Continuation of authority, rights and obligations","collection_order":454,"collection":598,"post_modified":"2019-03-06 20:50:06","post_date":"2015-10-15 12:12:19"},{"ID":"3425","post_content":"

    270. \u00a0 \u00a0Application of Act to prior or continuing action<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 Subject to this Chapter, this Act applies to an act, omission or proceeding taken, occurring or instituted before the commencement date of this Act, but without prejudice to the action taken or proceedings conducted before the commencement date of the comparable provisions of this Act.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The following actions or proceedings taken or instituted under the provisions of a tax Act repealed by this Act but not completed by the commencement date of the comparable provisions of this Act, must be continued and concluded under the provisions of this Act as if taken or instituted under this Act:<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 a decision by a SARS official in terms of a statutory power to do so;<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 a request by a person for the withdrawal or amendment of a decision or notice by SARS, registration for tax, form of record keeping, information, taxpayer record, advance ruling, refund, reduced assessment, suspension of a disputed tax debt, deferral, write off, compromise or waiver of a tax debt and the remittance of interest or a penalty;<\/span><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0 an inspection, verification, request for information, audit, criminal investigation, inquiry or search and seizure;<\/span><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0 an objection, appeal to the tax board, tax court or higher court, alternative dispute resolution, settlement discussions or other related High Court application;<\/span><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0 suspension of a disputed tax debt;<\/span><\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0 a deferment, write off or compromise of a tax debt; or<\/span><\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0 recovery of a tax debt, including the appointment of an agent to satisfy a tax debt, execution of a civil judgment or sequestration, liquidation or winding-up instituted by SARS or any other related court application.<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 A form, notice, demand or other document issued, given or received by a person or SARS under the provisions of a tax Act repealed by this Act, must be regarded as issued, given or received in terms of any comparable provision of this Act, as from the date that the form, notice, demand or other document was issued, given or received under the repealed provisions.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 A record kept or retained by a person as required under the provisions of a tax Act repealed by this Act, must be regarded as kept or retained as required under the comparable provisions of this Act from the date that record was kept or retained under the repealed provisions of the tax Act.<\/span><\/p>\n

    <\/p>\n

    (5)\u00a0\u00a0\u00a0\u00a0 If the period for an application, objection, appeal or prosecution had expired before the commencement date of this Act, nothing in this Act may be construed as enabling the application, objection, appeal or prosecution to be made under this Act by reason only of the fact that a longer period is specified in this Act.<\/span><\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0 Additional tax, penalty or interest may be imposed or levied as if the repeal of the legislation in Schedule 1 had not been effected and may be assessed and recovered under this Act, if-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 additional tax, penalty or interest which but for the repeal would have been capable of being imposed, levied, assessed or recovered by the commencement date of this Act, has not been imposed, levied, assessed or recovered by the commencement date of this Act; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 an understatement penalty, administrative non-compliance penalty or interest under this Act cannot be imposed, levied, assessed or recovered in respect of an understatement as defined in section 221<\/a>, non-compliance or failure to pay that occurred before the commencement date of this Act.<\/span><\/p>\n

    <\/p>\n

    (6A)\u00a0 For the purposes of subsection (6), \u201ccapable of being imposed\u201d means that the verification, audit or investigation necessary to determine the additional tax, penalty or interest had been completed before the commencement date of this Act.<\/span><\/p>\n

    <\/p>\n

    (6B)\u00a0 If a return was due by the commencement date of this Act, the requirement under section 223(3)(b)(i) is regarded as having been met for the purposes of remittance of a substantial understatement penalty.<\/span><\/p>\n

    <\/p>\n

    (6C)\u00a0 A person who made a valid voluntary disclosure before the commencement date of this Act, qualifies for the relief referred to in section 229<\/a>(b) if the audit or investigation of the person\u2019s affairs has commenced before but only concluded after commencement date of this Act and the requirements of Part B<\/a> of Chapter 16<\/a> have been met.<\/span><\/p>\n

    <\/p>\n

    (6D)\u00a0 If an understatement penalty is imposed as a result of an understatement, as defined in section 221<\/a>, made in a return submitted before the commencement date of this Act, a taxpayer may object against the penalty under Chapter 9<\/a> (whether or not the taxpayer has previously objected against the assessment imposing the penalty) and if the return was required under-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the Income Tax Act, excluding returns required under the Fourth Schedule to that Act, a senior SARS official must, in considering the objection, reduce the penalty in whole or in part if satisfied that there were extenuating circumstances; or<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the Value-Added Tax Act or the Fourth Schedule to the Income Tax Act, a senior SARS official must reduce the penalty in whole if the penalty was imposed under circumstances other than the circumstances referred to in item (vi) of the understatement penalty table in\u00a0section 223<\/a>(1).<\/span><\/p>\n

    [Paragraph (b) substituted by section 65 of Act 44 of 2014 and section 64 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n

    <\/p>\n

    (6E)\u00a0\u00a0 Until the date on which the whole of Chapter 12<\/a> and of Schedule 1<\/a> to this Act come into operation in respect of a tax type-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 the accrual and payment of interest on an understatement penalty imposed under section 222<\/a> must be calculated in the manner that interest upon an additional tax penalty imposed under a tax Act, prior to the repeal of the penalty by this Act, was calculated in terms of the interest provisions of the relevant tax Act; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 the effective date referred to in section 187<\/a>(3)(f) for tax understated before 1 October 2012 must be regarded as the commencement date of this Act.<\/span><\/p>\n

    [Subsection (6E) inserted by section 74 of Act 23 of 2015 and substituted by section 29 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n

    <\/p>\n

    (6F)\u00a0\u00a0\u00a0From the date on which the whole of\u00a0Chapter 12<\/a>\u00a0and of\u00a0Schedule 1<\/a>\u00a0to this Act come into operation, the accrual and payment of interest on an understatement penalty imposed under\u00a0section 222<\/a>\u00a0must be calculated in the manner prescribed by\u00a0Chapter 12<\/a>\u00a0in respect of an understatement penalty imposed after such date.<\/span><\/p>\n

    [Subsection (6F) inserted by section 74 of Act 23 of <\/span>2015 effective on 1 Octoober 2012]<\/span><\/p>\n

    <\/p>\n

    (7)\u00a0\u00a0\u00a0\u00a0 Interest arising before the commencement date of this Act must be-<\/span><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0 calculated in accordance with the relevant tax Act until the commencement date; and<\/span><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0 regarded as interest payable under this Act from the commencement date of the comparable provisions of this Act.<\/span><\/p>\n","post_title":"Section 270 (TAA) - Application of Act to prior or continuing action","collection_order":455,"collection":598,"post_modified":"2019-06-19 10:33:05","post_date":"2015-10-15 12:12:19"},{"ID":"3427","post_content":"

    271. \u00a0 \u00a0Amendment of legislation<\/span><\/strong><\/p>\n

    \u00a0<\/p>\n

    The Acts listed in Schedule 1 are amended to the extent set out in that Schedule.<\/p>\n","post_title":"Section 271 (TAA) - Amendment of legislation","collection_order":456,"collection":598,"post_modified":"2019-06-19 10:33:39","post_date":"2015-10-15 12:12:19"},{"ID":"3429","post_content":"

    272. \u00a0 \u00a0Short title and commencement<\/span><\/strong><\/p>\n

    <\/p>\n

    (1)\u00a0\u00a0\u00a0\u00a0 This Act is called the Tax Administration Act, 2011, and comes into operation on a date to be determined by the President by proclamation in the Gazette<\/em>.<\/span><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0 The President may determine different dates for different provisions of this Act to come into operation and for the purposes of Chapter 12<\/a> and the provisions relating to interest in Schedule 1<\/a>, the Minister may determine by public notice the date on which they come into operation in respect of a tax type.<\/span><\/p>\n

    [Subsection (2) substituted by section 30 of Act 13 of 2017 effective on 18 December 2017]<\/span><\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0 Subparagraphs (g), (h), (i) and (j) of paragraph 60 of Schedule 1 come into operation on the date on which Part VIII<\/a> of Chapter II of the Income Tax Act<\/a>, 1962, comes into operation.<\/span><\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0 Paragraph 78 of Schedule 1 is deemed to have come into operation on 1 January 2011 and applies in respect of premiums incurred on or after that date.<\/span><\/p>\n

    <\/p>\n

    <\/p>\n

    (5) \u00a0 \u00a0 Paragraph 184 of Schedule 1 is deemed to have come into operation on 1 March 2010 and applies in respect of a mineral resource transferred on or after that date.<\/span><\/p>\n","post_title":"Section 272 (TAA) - Short title and commencement","collection_order":457,"collection":598,"post_modified":"2023-01-29 08:24:39","post_date":"2015-10-15 12:12:19"},{"ID":"3431","post_content":"

    SCHEDULE 1<\/strong><\/p>\n


    <\/strong><\/p>\n

    SECTION 271<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
    \n

    No. and year<\/strong><\/p>\n<\/td>\n

    		\n

    Short title<\/strong><\/p>\n<\/td>\n

    		\n

    Extent of amendment or repeal<\/strong><\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 40 of 1949<\/strong><\/p>\n<\/td>\n

    		\n

    Transfer Duty Act, 1949<\/strong><\/p>\n<\/td>\n

    		\n

    Amendment of section 1<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Section 1 of the Transfer Duty Act, 1949, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201cCommissioner\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Commissioner\u2019<\/strong>\u00a0means the Commissioner for the South African Revenue Service\u00a0appointed in terms of section 6 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997), or the Acting Commissioner designated in terms of section 7 of that Act<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after the definition of \u201cspouse\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u2018Tax Administration Act\u2019<\/u><\/strong>\u00a0means the Tax Administration Act, 2011;\u00a0<\/u>\u201c;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the renumbering of section 1 to section 1(1); and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c\u00a0(2)\u00a0\u00a0Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Tax Administration Act bears that meaning for purposes of this Act.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 3<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Section 3 of the Transfer Duty Act, 1949, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1A) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1A)\u00a0\u00a0\u00a0\u00a0\u00a0Where a person who acquires any property contemplated in paragraph (d), (e) or (g) of the definition of \u201cproperty\u201d fails to pay the duty within the period contemplated in subsection (1), the public officer\u00a0[as defined in section 101 of the Income Tax Act, 1962 (Act No. 58 of 1962),]<\/strong>\u00a0of that company and the person from whom the shares or member\u2019s interest are acquired shall be jointly and severally liable for such duty: Provided that the public officer or person from whom the shares or member\u2019s interest was acquired, may recover any amount of duty paid\u00a0[by him or her]<\/strong>\u00a0in terms of this subsection\u00a0[from-<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0the person who so acquired that property; or<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of a public officer, from that company]<\/strong>\u00a0in accordance with section 160 of the Tax Administration Act<\/u>.\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1B) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1B)\u00a0Where a person who acquires any property contemplated in paragraph (f) of the definition of \u201cproperty\u201d fails to pay the duty within the period contemplated in subsection (1), the trust and\u00a0[the trustees]\u00a0<\/strong>representative taxpayer<\/u>\u00a0of that trust shall be jointly and severally liable for such duty: Provided that the trust or\u00a0[trustee]<\/strong>representative taxpayer<\/u>\u00a0may recover any amount of duty paid in terms of this subsection by the trust or\u00a0[trustee]<\/strong>representative tax payer<\/u>, as the case may be,\u00a0[from-<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0the person who so acquired that property; or<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0in the case of the trustee, from that trust]<\/strong>\u00a0in accordance with section 160 of the Tax Administration Act<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (3).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 4<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Section 4 of the Transfer Duty Act, 1949, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the heading of the following heading:<\/p>\n

    <\/p>\n

    \u201cPenalty [and interest] on late payment of duty<\/strong>\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0If any duty in respect of any transaction entered into before 1 March 2005, remains unpaid after the date of the expiration of the period referred to in section 3,\u00a0[there shall, subject to the provisions of subsection (3), in addition to the unpaid duty, be payable]<\/strong>\u00a0the Commissioner must in accordance with Chapter 15 of the Tax Administration Act impose<\/u>\u00a0a penalty, at the rate of 10 per cent per annum on the amount of the unpaid duty, calculated in respect of each completed month in the period from that date to the date of payment[: Provided that if in any case the period referred to in section 3 ended before 1 July 1982 and the said penalty is chargeable or is in part chargeable in respect of any completed month commencing before 1 July 1982 the penalty payable in respect of such completed month and any earlier completed month or months shall be the amount of penalty which would have been payable in terms of this subsection before its amendment by the Revenue Laws Amendment Act, 1982, if the unpaid amount of such duty had been paid on the day after the end of the only or latest of such completed months]<\/strong>.\u201d; and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (1A).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 10<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Section 10 of the Transfer Duty Act, 1949, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0The powers conferred and the duties imposed upon the Commissioner by this Act may be exercised or performed by the Commissioner\u00a0[personally]<\/strong>\u00a0or by any\u00a0[officer acting under a delegation from or]<\/strong>\u00a0SARS official<\/u>\u00a0under the control,<\/u>\u00a0[or]<\/strong>\u00a0direction\u00a0or supervision<\/u>\u00a0of the Commissioner.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c\u00a0(3)\u00a0\u00a0Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 11<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Section 11 of the Transfer Duty Act, 1949, is hereby amended by the substitution in subsection (3) for paragraph (a) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c (a)\u00a0\u00a0\u00a0Where in terms of\u00a0[subsection (2) of section three]<\/strong>\u00a0section 3(2)<\/u>\u00a0a deposit on account of the duty payable by any person is made pending the determination by the Commissioner of the fair value of the property concerned, of an amount equal to the duty calculated on the consideration paid or payable in respect of the acquisition of the property or on the declared value thereof, as the case may be, and there is given to the Commissioner security to his\u00a0or her\u00a0<\/u>satisfaction for the payment of any balance of transfer duty\u00a0[or stamp duty]<\/strong>\u00a0which may still be payable, the Commissioner may in his\u00a0or her<\/u>\u00a0discretion issue to the person liable to pay the duty a certificate that such deposit has been made and that such security has been given.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 11A, 11B, 11C, 11D and 11E<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Sections 11A, 11B, 11C, 11D and 11E of the Transfer Duty Act, 1949, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 13<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Section 13 of the Transfer Duty Act, 1949, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Whenever the Commissioner is satisfied that the duty payable under this Act in respect of the acquisition of any property or the renunciation of any interest in or restriction upon the use or disposal of any property has not been paid in full, the Commissioner shall, notwithstanding that the acquisition has already been registered in a deeds registry, recover the difference between the amount of the duty payable and the amount paid\u00a0in accordance with Chapter 11 of the Tax Administration Act<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 13A, 13B and 13C<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Sections 13A, 13B and 13C of the Transfer Duty Act, 1949, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 14<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Section 14 of the Transfer Duty Act, 1949, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0[Declarations]<\/strong>\u00a0A return\u00a0<\/u>appropriate to the manner of the acquisition of property in any particular case shall be submitted\u00a0[electronically, in the form and manner and containing such information as may be prescribed by the Commissioner]<\/strong>\u00a0by the parties to the transaction whereby the property has been acquired and, if the Commissioner so directs, also by the agent, auctioneer, broker or other person who acted for or on behalf of either party to the transaction or, if the property has been acquired otherwise than by way of a transaction, by the person who acquired the property.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (4), (6), (7) and (8).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 15<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    10.\u00a0\u00a0\u00a0\u00a0\u00a0Section 15 of the Transfer Duty Act, 1949, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0[Every]<\/strong>\u00a0In addition to the requirements upon a taxpayer contained in sections 29, 30, 32 and 33 of the Tax Administration Act, every<\/u>auctioneer or other person who has effected a sale of property on behalf of some other person shall, for a period of five years from the date on which the sale was effected, keep a record of the sale including a description of the property sold, the person by whom and the person to whom the property has been sold and the price paid for the property.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (2) and (3).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 17, 17A, 17B, 18, 20, 20A, 20C and 20D<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    11.\u00a0\u00a0\u00a0\u00a0\u00a0Sections 17, 17A, 17B, 18, 20, 20A, 20C and 20D of the Transfer Duty Act, 1949, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 45 of 1955<\/strong><\/p>\n<\/td>\n

    		\n

    Estate Duty Act, 1955<\/strong><\/p>\n<\/td>\n

    		\n

    Amendment of section 1<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    12.\u00a0\u00a0\u00a0\u00a0\u00a0Section 1 of the Estate Duty Act, 1955, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201cCommissioner\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Commissioner\u2019<\/strong>\u00a0means the Commissioner for the South African Revenue Service\u00a0appointed in terms of section 6 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997), or the Acting Commissioner designated in terms of section 7 of that Act<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after the definition of \u201cstocks or shares\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Tax Administration Act\u2019<\/u><\/strong>, means the Tax Administration Act, 2011<\/u>.\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the renumbering of section 1 to section 1(1); and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c\u00a0(2)\u00a0\u00a0Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Tax Administration Act bears that meaning for purposes of this Act.<\/u>\u00a0\u201c.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 6<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    13.\u00a0\u00a0\u00a0\u00a0\u00a0Section 6 of the Estate Duty Act, 1955, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0The powers conferred and the duties imposed upon the Commissioner by this Act may be exercised or performed by the Commissioner\u00a0[personally]<\/strong>\u00a0or by any\u00a0[officer acting under a delegation from or]<\/strong>\u00a0SARS official<\/u>\u00a0under the control,<\/u>\u00a0[or]<\/strong>\u00a0direction\u00a0or supervision<\/u>\u00a0of the Commissioner.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (3) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c\u00a0(3)\u00a0\u00a0Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 7<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    14.\u00a0\u00a0\u00a0\u00a0\u00a0Section 7 of the Estate Duty Act, 1955, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201cEvery executor or, if he\u00a0or she<\/u>\u00a0is called upon by the Commissioner to do so, any person having the control of or any interest in any property included in the estate, shall submit to the Commissioner a return\u00a0[in a form, prescribed by him,]<\/strong>\u00a0disclosing the amount claimed by the person submitting the return to represent the dutiable amount of the estate together with full particulars regarding-\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 8, 8A, 8B, 8C, 8D and 8E<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    15.\u00a0\u00a0\u00a0\u00a0\u00a0Sections 8, 8A, 8B, 8C, 8D and 8E of the Estate Duty Act, 1955, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 9<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    16.\u00a0\u00a0\u00a0\u00a0\u00a0Section 9 of the Estate Duty Act, 1955, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c\u00a0(1A)\u00a0\u00a0\u00a0\u00a0If the Commissioner, prior to the issue of a notice of assessment in terms of subsection (1)-<\/u><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0is dissatisfied with any value at which any property is shown in any return; or<\/u><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0is of the opinion that the amount claimed to represent the dutiable amount as disclosed in any return, does not represent the correct dutiable amount,<\/u><\/p>\n

    <\/p>\n

    the Commissioner shall adjust such value or amount and determine the dutiable amount upon which such assessment shall be raised accordingly.<\/u>\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (2); and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion of a new subsection (5) after subsection (4):<\/p>\n

    <\/p>\n

    \u201c\u00a0(5)\u00a0\u00a0An assessment contemplated in subsection (4)(a) and (b) is deemed to be an assessment by way of self-assessment.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 9A and 9B<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    17.\u00a0\u00a0\u00a0\u00a0\u00a0Sections 9A and 9B of the Estate Duty Act, 1955, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 10<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    18.\u00a0\u00a0\u00a0\u00a0\u00a0Section 10 of the Estate Duty Act, 1955, is hereby amended by the substitution for subsection (1) of the following subsection;<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0If\u00a0[any duty remains unpaid at the expiration of a period of thirty days from the date of payment notified in accordance with subsection (2) of section nine, there shall be payable, in addition to the unpaid duty, interest at the rate of six per cent per annum on the amount of unpaid duty calculated from the date of the expiration of the said period to the date of payment: Provided that, where]<\/strong>the assessment of duty is delayed beyond a period of twelve months from the date of death, interest at the\u00a0prescribed<\/u>\u00a0rate\u00a0[of six per cent per annum]<\/strong>\u00a0shall be payable as from a date twelve months after the date of death on the difference (if any) between the duty assessed and any deposit (if any) made on account of the duty payable within the said period of twelve months.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Substitution of section 12<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    19.\u00a0\u00a0\u00a0\u00a0\u00a0The Estate Duty Act, 1955, is hereby amended by the substitution for section 12 of the following section:<\/p>\n

    <\/p>\n

    \u2018Duty payable by executor<\/strong><\/p>\n

    <\/p>\n

    12.\u00a0\u00a0\u00a0\u00a0\u00a0Notwithstanding anything to the contrary contained in section\u00a0[eleven]<\/strong>\u00a011<\/u>, any duty payable under this Act shall be payable by and recoverable from the executor of the estate subject to the duty, to the extent contemplated in Chapters 10 and 11 of the Tax Administration Act<\/u>\u00a0[: Provided that the liability under this section of any executor shall be a liability in his or her capacity as executor only and for an amount not exceeding the available assets in the estate, unless the liability is due to fraud]<\/strong>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 12A, 12B, 23, 23bis, 24, 25, 25A and 27<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    20.\u00a0\u00a0\u00a0\u00a0\u00a0Sections 12A, 12B, 23, 23bis, 24, 25, 25A and 27 the Estate Duty Act, 1955, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 28<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    21.\u00a0\u00a0\u00a0\u00a0\u00a0Section 28 of the Estate Duty Act, 1955, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the heading of the following heading:<\/p>\n

    <\/p>\n

    \u201c[PENALTIES]<\/strong>\u00a0OFFENCES<\/u><\/strong>\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (1); and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion in subsection (2) of paragraphs (b) and (b)bis.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 28A and 30<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    22.\u00a0\u00a0\u00a0\u00a0\u00a0Sections 28A and 30 of the Estate Duty Act, 1955, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 58 of 1962<\/strong><\/p>\n<\/td>\n

    		\n

    Income Tax Act, 1962<\/strong><\/p>\n<\/td>\n

    		\n

    Amendment of section 1<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    23.\u00a0\u00a0\u00a0\u00a0\u00a0Section 1 of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201cassessment\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018assessment\u2019<\/strong>\u00a0[means the]<\/strong>\u00a0has the meaning assigned under section 1 of the Tax Administration Act, and includes\u00a0<\/u>a determination by the Commissioner\u2013<\/u>[, by way of a notice of assessment (including a notice of assessment in electronic form) served in a manner contemplated in section 106(2)-<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0of an amount upon which any tax\u00a0leviable\u00a0under this Act is chargeable; or<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0of the amount of any such tax; or]<\/strong><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0of any loss ranking for set-off;<\/p>\n

    <\/p>\n

    [or]<\/strong><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0of any assessed capital loss determined in terms of paragraph 9 of the Eighth Schedule[,]<\/strong>;or<\/u><\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0of any amounts to be taken into account in the determination of tax payable on income in future years<\/u><\/p>\n

    <\/p>\n

    [and for the purposes of Part III of Chapter III includes any determination by the Commissioner in respect of any of the rebatesreferredtoinsection6 and any decision of the Commissioner which is in terms of this Act subject to objection and appeal]<\/strong>;\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of the definition of \u201cbusiness day\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201cCommissioner\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Commissioner\u2019<\/strong>\u00a0means the Commissioner for the South African Revenue Service\u00a0appointed in terms of section 6 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997), or the Acting Commissioner designated in terms of section 7 of that Act<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of the definition of \u201cdate of assessment\u201d;<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after the definition of\u00a0\u201cnormal retirement age\u201d<\/strong>\u00a0of the following definitions:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018normal tax\u2019<\/u><\/strong>\u00a0means income tax referred to in section 5(1);<\/u><\/p>\n

    \u2018officer\u2019<\/u><\/strong>\u00a0means, where used in the context of a person who is engaged by the Commissioner in carrying out the provisions of this Act, a SARS official as defined in section 1 of the Tax Administration Act<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201cprescribed rate\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018prescribed rate\u2019<\/u><\/strong>\u00a0means the rate contemplated in section 189(3) of the Tax Administration Act<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution of the words in the definition of \u201crepresentative tax-payer\u201d preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018representative taxpayer\u2019<\/strong>\u00a0means\u00a0a natural person who resides in the Republic and<\/u>-\u201d;<\/p>\n

    <\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for paragraph (b) of the definition of \u201crepresentative taxpayer\u201d of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(b)\u00a0\u00a0\u00a0in respect of the income under his\u00a0or her<\/u>\u00a0management, disposition or control, the agent of any person[, including an agent appointed as such under the provisions of section ninety-nine, and for the purposes of this paragraph the term \u201cagent\u201d includes every person in the Republic having the receipt, management or control of income on behalf of any person permanently or temporarily absent from the Republic or remitting or paying income to or receiving moneys for such person]<\/strong>;\u201d;<\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of the words in the definition of \u201crepresentative taxpayer\u201d following paragraph (f) but preceding the proviso;<\/p>\n

    <\/p>\n

    (j)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after the definition of \u201cretirement interest\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018return\u2019<\/u><\/strong>\u00a0means a return as de- fined in section 1 of the Tax Administration Act;<\/u>\u201d;<\/p>\n

    <\/p>\n

    (k)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201ctax\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018tax\u2019<\/u><\/strong>\u00a0means tax or a penalty imposed in terms of this Act<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (l)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after the definition of \u201ctax\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Tax Administration Act\u2019<\/u><\/strong>\u00a0means the Tax Administration Act, 2011;<\/u>\u201d;<\/p>\n

    <\/p>\n

    (m)\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201ctaxpayer\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018taxpayer\u2019<\/strong>\u00a0means any person chargeable with any tax\u00a0leviable\u00a0under this Act\u00a0[and includes every person required by this Act to furnish any return]<\/strong>\u201d;<\/p>\n

    <\/p>\n

    (n)\u00a0\u00a0\u00a0\u00a0\u00a0by the renumbering of section 1 to section 1(1); and<\/p>\n

    <\/p>\n

    (o)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c\u00a0(2)\u00a0\u00a0Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Tax Administration Act bears that meaning for purposes of this Act.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 2<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    24.\u00a0\u00a0\u00a0\u00a0\u00a0The Income Tax Act, 1962, is hereby amended by the substitution for section 2 of the following section:<\/p>\n

    <\/p>\n

    \u201c[Act to be administered by Commissioner]Administration of Act<\/u><\/strong><\/p>\n

    <\/p>\n

    2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0(1) The Commissioner\u00a0[shall be]\u00a0<\/strong>is<\/u>responsible for carrying out the provisions of this Act.<\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 3<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    25.\u00a0\u00a0\u00a0\u00a0\u00a0Section 3 of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0The powers conferred and the duties imposed upon the Commissioner by or under the provisions of this Act may be exercised or performed by the Commissioner\u00a0[personally,]<\/strong>\u00a0or by any officer\u00a0[or person engaged in carrying out the said provisions]<\/strong>under the control, direction or supervision of the Commissioner.\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (2) and (3);<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (4) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(4)\u00a0\u00a0\u00a0Any decision of the Commissioner under the following provisions of this Act\u00a0[shall be]<\/strong>is<\/u>\u00a0subject to objection and appeal\u00a0in accordance with Chapter 9 of the Tax Administration Act<\/u>, namely-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0the definitions of \u201cbenefit fund\u201d, \u201cpension fund\u201d, \u201cpension preservation fund\u201d, \u201cprovident fund\u201d, \u201cprovident preservation fund\u201d, \u201cretirement annuity fund\u201d and \u201cspouse\u201d in section 1;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0[section 6, section 8(4)(b), (c), (d) and (e),]<\/strong>\u00a0section 8(5)(b) and (bA),<\/u>\u00a0[section 9D,]<\/strong>\u00a0section 10(1)(cA),<\/u>\u00a0[(e)]<\/strong>(e)(i)(cc)<\/u>,\u00a0[(iA)]<\/strong>, (j) and (nB),\u00a0section 10A(8),<\/u>\u00a0section 11(e), (f), (g), (gA), (j)[,]<\/strong>\u00a0and<\/u>\u00a0(l),\u00a0[(t), (u) and (w),]<\/strong>\u00a0section 12B(6), section 12C, section 12E, section 12G, section 12J(6), (6A), and (7), section 13, section 14, section 15, section 22(1)[,]<\/strong>and<\/u>\u00a0(3)\u00a0[and (5)]<\/strong>,\u00a0section 23H(2),<\/u>\u00a0section 23K, section 24(2), section 24A(6), section 24C, section 24D, section 24I(1) and (7)<\/u>,\u00a0section 24J(9), section 25A<\/u>\u00a0[section 25D]<\/strong>, section 27, section\u00a0[28(2)(cA)]<\/strong>28(9)<\/u>, section 30, section 30A, section 30B, section 31, section 35(2), section 37A,\u00a0section 37H,<\/u>\u00a0section\u00a0[38(4)]<\/strong>38(2)(a) and (b) and (4)<\/u>, section 44(13)(a), section 47(6)(c)(i), section 57(2), section 62(1)(c)(iii) and (d) and (2)(a) and (4)<\/u>,\u00a0[section 76A,]<\/strong>\u00a0section 80B and section\u00a0[80S]<\/strong>\u00a0103(2)<\/u>;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0paragraphs 6, 7, 9, 13, 13A, 14, 19 and 20 of the First Schedule;<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0paragraph 4 of the Second Schedule;<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0paragraphs 14(6), 18,\u00a0[19(1),]<\/strong>20(1)(a) and (2), 20A(1) and (2)<\/u>, 21, 24 and 27 of the Fourth Schedule;<\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0paragraphs 10(3) and (4), 11(2) and (7), 12(1) and 13 of the Sixth Schedule;<\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0\u00a0paragraphs 2(h)<\/u>, 3, 6(4)(b), 7(6), (7) and (8),\u00a0[9 and]<\/strong>\u00a011\u00a0and 12A(3)<\/u>\u00a0of the Seventh Schedule; and<\/p>\n

    <\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0\u00a0paragraphs 12(5)(c)(i), 29(2A), 29(7), 31(2), 65(1)(d) and 66(1)(e) of the Eighth Schedule.\u201d; and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (6) of the following section:<\/p>\n

    <\/p>\n

    \u201c(6)\u00a0\u00a0\u00a0Any person aggrieved by a decision of the executive officer to approve or to withdraw an approval of a fund in terms of subsection (5) must, notwithstanding section 26(2) of the Financial Services Board Act, 1990, lodge his or her objection with the Commissioner\u00a0[in the manner contemplated in Part III of Chapter III of this Act]<\/strong>\u00a0in accordance with the provisions of Chapter 9 of the Tax Administration Act<\/u>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 4<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    26.\u00a0\u00a0\u00a0\u00a0\u00a0Section 4 of the Income Tax Act, 1962, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 4A<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    27.\u00a0\u00a0\u00a0\u00a0\u00a0The Income Tax Act, 1962, is hereby amended by the substitution for section 4A of the following section:<\/p>\n

    <\/p>\n

    \u201cExercise of powers and performance of duties by Minister<\/strong><\/p>\n

    4A.\u00a0\u00a0\u00a0\u00a0The powers conferred and the duties imposed upon the Minister by or under the provisions of this Act may be exercised or performed by the Minister personally or, except for the power to issue notices or regulations,<\/u>\u00a0delegated by the Minister to the Director-General of the National Treasury and the Director-General may in turn delegate the powers and duties so delegated to him or her to any officer or person under his or her control, direction or supervision.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 5<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    28.\u00a0\u00a0\u00a0\u00a0\u00a0Section 5 of the Income Tax Act, 1962, is hereby amended by the substitution for subsection (7) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(7)\u00a0\u00a0\u00a0Subject to the provisions of\u00a0[sections 79 and 102 and the provisions of]<\/strong>\u00a0the Fourth Schedule, where a taxpayer has been assessed for normal tax in respect of any year of assessment and the rate of the tax payable by\u00a0[him]<\/strong>\u00a0the taxpayer<\/u>\u00a0has been subsequently fixed or varied,\u00a0[his]<\/strong>\u00a0the taxpayer\u2019s<\/u>\u00a0assessment for such year shall be adjusted, any amounts paid in excess being refundable to\u00a0[him]<\/strong>\u00a0the taxpayer and amounts\u00a0shortpaid\u00a0being recoverable from\u00a0[him]<\/strong>\u00a0the taxpayer.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 6quat<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    29.\u00a0\u00a0\u00a0\u00a0\u00a0Section 6quat of the Income Tax Act, 1962, is hereby amended by the substitution for subsection (5) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(5)\u00a0\u00a0\u00a0Notwithstanding\u00a0[sections 79 and 81(5)]<\/strong>section 93, 99 or 100 of the Tax Administration Act<\/u>, an additional or reduced assessment in respect of a year of assessment to give effect to subsections (1) and (1A) may be made within six years from the date of the original assessment in respect of that year.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 8<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    30.\u00a0\u00a0\u00a0\u00a0\u00a0Section 8 of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (5) for paragraph (bC) of the following paragraph:<\/p>\n

    <\/p>\n

    (bC)\u00a0\u00a0Any person who, as a former lessor of property referred to in paragraph (bA) or as the owner thereof, has after the termination of the lease of such property consented to the former lessee thereof using, enjoying or dealing with such property as contemplated in the said paragraph, or is deemed to have so consented under the provisions of paragraph (bB)(ii), shall not later than 14 days after the end of three months after the termination of the relevant lease advise the former lessee of the fair market value of such property as determined in accordance with paragraph (bA)[, and shall furnish the Commissioner with a copy of such advice]<\/strong>.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion in subsection (5) of paragraph (c).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 10<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    31.\u00a0\u00a0\u00a0\u00a0\u00a0Section 10 of the Income Tax Act, 1962, is hereby amended by the deletion in the further proviso to subsection (1)(cA) of paragraph (c).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 10A<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    32.\u00a0\u00a0\u00a0\u00a0\u00a0Section 10A of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (9); and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (10) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(10)\u00a0Subject to the provisions of section\u00a0[79]<\/strong>\u00a099 of the Tax Administration Act<\/u>, the final calculation or recalculation of the capital element as made in relation to the year of assessment referred to in subsection (8) shall, subject to the provisions of subsection (6)(b),be final and conclusive and shall apply in respect of all relevant annuity amounts which become due to any person under the annuity contract in question in any succeeding years of assessment.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 11<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    33.\u00a0\u00a0\u00a0\u00a0\u00a0Section 11 of the Income Tax Act, 1962, is hereby amended by the deletion in paragraph (l) of paragraph (vi) of the proviso.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 11D<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    34.\u00a0\u00a0\u00a0\u00a0\u00a0Section 11D of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (14) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(14)\u00a0Notwithstanding\u00a0[section 4]<\/strong>\u00a0Chapter 6 of the Tax Administration Act<\/u>, the Commissioner may disclose to the Minister of Science and Technology information in relation to research and development as may be required by that Minister for purposes of submitting a report to Parliament in terms of subsection (17).\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the addition after subsection (18) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c\u00a0(19)\u00a0\u00a0\u00a0\u00a0\u00a0For the purposes of sub-section (1), the Commissioner may, notwithstanding the provisions of sections 99 and 100 of the Tax Administration Act, raise an additional assessment for any year of assessment with respect to a deduction in respect of research and development which has been allowed, where approval has been withdrawn in terms of subsection (10).<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 12G<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    35.\u00a0\u00a0\u00a0\u00a0\u00a0Section 12G of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (11) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(11)\u00a0For purposes of subsections (9) and (10), the Commissioner may, notwithstanding the provisions of sections\u00a0[79, 81(5) and 83(18)]<\/strong>\u00a099 and 100 of the Tax Administration Act<\/u>, raise an additional assessment for any year of assessment where an additional industrial investment allowance which has been allowed in any previous year must be disallowed in terms of subsection (9) or (10).\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (12).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 12I<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    36.\u00a0\u00a0\u00a0\u00a0\u00a0Section 12I of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the words preceding paragraph (a) in subsection (13) of the following words:<\/p>\n

    <\/p>\n

    \u201c(13)\u00a0The Commissioner may, notwithstanding the provisions of\u00a0[section 4]<\/strong>\u00a0Chapter 6 of the Tax Administration Act<\/u>-\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (14) of the following subsection:<\/p>\n

    <\/p>\n

    (14)\u00a0\u00a0\u00a0The Commissioner may, notwithstanding the provisions of\u00a0[section 79, 81(5) and 83(18)]<\/strong>\u00a0sections 99 and 100 of the Tax Administration Act<\/u>, raise an additional assessment for any year of assessment where an additional investment allowance which has been allowed in any previous year must be disallowed in terms of subsection (12) or (13).\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (15); and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (21) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(21)\u00a0Notwithstanding the provisions of\u00a0[section 4]<\/strong>\u00a0Chapter 6 of the Tax Administration Act<\/u>, the Commissioner must disclose to the Minister of Trade and Industry and the adjudication committee, including any person whose assistance has been obtained by that committee, such information relating to the affairs of any company carrying on an industrial policy project as is necessary to enable the Minister of Trade and Industry and the adjudication committee to perform their functions in terms of this section.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 12J<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    37.\u00a0\u00a0\u00a0\u00a0\u00a0Section 12J of the Income Tax Act, 1962, is hereby amended by the deletion of subsection (9).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 23<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    38.\u00a0\u00a0\u00a0\u00a0\u00a0Section 23 of the Income Tax Act, 1962, is hereby amended by the substitution for paragraph (d) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(d)\u00a0\u00a0\u00a0any tax\u00a0[, duty, levy, interest or penalty]<\/strong>imposed under this Act\u00a0[, any additional tax imposed under section 60 of the Value-Added Tax Act, 1991 (Act No. 89 of 1991) and]<\/strong>\u00a0or<\/u>\u00a0any interest or penalty\u00a0[payable in consequence of the late payment of any tax, duty, levy or contribution payable]<\/strong>imposed<\/u>\u00a0under any\u00a0other<\/u>\u00a0Act administered by the Commissioner\u00a0[, the Regional Services Councils Act, 1985 (Act No. 109 of 1985), the\u00a0KwaZulu\u00a0and Natal Joint Services Act, 1990 (Act No. 84 of 1990), the Skills Development Levies Act, 1999 (Act No. 9 of 1999), and the Unemployment Insurance Contributions Act, 2002 (Act No. 4 of 2002)]<\/strong>;\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 23H<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    39.\u00a0\u00a0\u00a0\u00a0\u00a0Section 23H of the Income Tax Act, 1962, is hereby amended by the deletion of subsection (4).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 24J<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    40.\u00a0\u00a0\u00a0\u00a0\u00a0Section 24J of the Income Tax Act, 1962, is hereby amended by the deletion of subsection (11).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 25A<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    41.\u00a0\u00a0\u00a0\u00a0\u00a0Section 25A of the Income Tax Act, 1962, is hereby amended by the deletion of subsection (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 35<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    42.\u00a0\u00a0\u00a0\u00a0\u00a0Section 35 of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (2)(a) for the words preceding the proviso of the following words:<\/p>\n

    <\/p>\n

    \u201cAny person who incurs a liability to pay to any other person who is not a resident any amount referred to in subsection (1), or who receives payment of any such amount on behalf of such other person, shall within 14 days after the end of the month during which the said liability is incurred or the said payment is received, as the case may be, or within such further period as the Commissioner may approve, make a payment (which shall be a final payment made on behalf of such other person) to the Commissioner in respect of such other person\u2019s liability for tax in terms of subsection (1), and shall submit to the Commissioner at the time of such tax payment a\u00a0[declaration in such form as the Commissioner may prescribe]<\/strong>\u00a0return<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (2) for paragraph (b) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(b)\u00a0\u00a0\u00a0Any person making a payment to the Commissioner in terms of paragraph (a) shall, notwithstanding any agreement to the contrary, be entitled to deduct or withhold the amount of such payment from the amount which\u00a0[he]<\/strong>\u00a0that person<\/u>\u00a0is liable to pay to the aforesaid other person\u00a0[, or to recover the amount so paid from such other person or to retain out of any money that may be in his possession or may come to him as the agent of such other person an amount equal to the amount of such payment]<\/strong>.\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion in subsection (2) of paragraphs (d) and (e);and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (3).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 35A<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    43.\u00a0\u00a0\u00a0\u00a0\u00a0Section 35A of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (6) of the following subsection:<\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0\u00a0The purchaser must, together with the payment contemplated in subsection (4), submit to the Commissioner a\u00a0[declaration in the form and containing the information as the Commissioner may prescribe]<\/strong>return<\/u>.\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (7) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(7)\u00a0\u00a0\u00a0[If a]<\/strong>\u00a0A purchaser is person ally liable under the circumstances contemplated in section 157 of the Tax Administration Act, for the amount that must be withheld under subsection (1) only if the purchaser knows or should reasonably have known that the seller is not a resident and\u00a0[fails to withhold any amount as required by subsection (1), that purchaser-<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0is personally liable for the payment of the amount which he or she failed to withhold; and<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (b) ]<\/strong>\u00a0\u00a0\u00a0must pay that amount to the Commissioner not later than the date on which payment should have been made if the amount had in fact been withheld.\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (9) of the following subsection:<\/p>\n

    <\/p>\n

    (9)\u00a0\u00a0\u00a0\u00a0\u00a0If a purchaser fails to pay any amount contemplated in subsection (1) to the Commissioner within the period allowed for payment in terms of subsection (4), that purchaser[-<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0is liable for interest at the prescribed rate on any amount outstanding calculated from the day following the last date for payment to the date that the amount is received by the Commissioner; and<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (b)]<\/strong>\u00a0\u00a0\u00a0\u00a0must pay a penalty equal to ten percent of\u00a0[that]<\/strong>\u00a0the<\/u>\u00a0amount, in addition to any other penalty or charge for which he or she may be liable under this Act.\u201d;<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (10); and<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0the substitution for subsection (13) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(13)\u00a0The\u00a0[purchaser,]<\/strong>\u00a0estate agent or conveyancer\u00a0[, as the case may be, may recover any amount paid in terms of subsection (7) or (12) from the seller]<\/strong>\u00a0who paid an amount in terms of subsection (12) is deemed to be a withholding agent for purposes of the Tax Administration Act<\/u>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 37H<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    44.\u00a0\u00a0\u00a0\u00a0\u00a0Section 37H of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (21) for the words following paragraph (b) of the following words:<\/p>\n

    <\/p>\n

    \u201cthe Commissioner may, notwithstanding the provisions of section\u00a0[79]<\/strong>\u00a099 of the Tax Administration Act<\/u>, raise assessments in respect of the company as if such company were not a qualifying company.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (22).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 40<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    45.\u00a0\u00a0\u00a0\u00a0\u00a0Section 40 of the Income Tax Act, 1962, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 47C<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    46.\u00a0\u00a0\u00a0\u00a0\u00a0Section 47C of the Income Tax Act, 1962, is hereby amended by the substitution for subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0This section does not apply to any amounts received by or accrued to the taxpayer-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0from which the full amount of tax has been withheld by a resident in terms of section<\/p>\n

    47D; or<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0[in respect of which the tax has]<\/strong>which have<\/u>\u00a0been recovered from a resident\u00a0[in his or her personal capacity]<\/strong>\u00a0who is personally liable for the amount<\/u>\u00a0in terms of section 47G(1).\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 47F<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    47.\u00a0\u00a0\u00a0\u00a0\u00a0Section 47F of the Income Tax Act, 1962, is hereby amended by the substitution for subsections (1) and (2) of the following subsections:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0A taxpayer must, together with the payment contemplated in section 47C(1), submit to the Commissioner a return\u00a0[in the manner and form and containing the information as may be prescribed by the Commissioner]<\/strong>.<\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0A resident who pays to the Commissioner any amount in terms of section 47E, must together with that payment submit to the Commissioner a return\u00a0[in the manner and form and containing the information as may be prescribed by the Commissioner]<\/strong>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 47G<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    48.\u00a0\u00a0\u00a0\u00a0\u00a0Section 47G of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (1) for the words following paragraph (b) of the following words:<\/p>\n

    <\/p>\n

    \u201cis personally liable for payment of that amount of tax\u00a0[, which may be recovered from that resident in terms of this Act as if it is a tax due by that resident]<\/strong>\u00a0in accordance with Part A of Chapter 10 of the Tax Administration Act<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 47H and 47I<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    49.\u00a0\u00a0\u00a0\u00a0\u00a0Sections 47H and 47I of the Income Tax Act, 1962, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 60<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    50.\u00a0\u00a0\u00a0\u00a0\u00a0Section 60 of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Donations tax shall be paid to the Commissioner\u00a0[within three months]<\/strong>by the end of the month following the month during which a donation takes effect<\/u>\u00a0or such longer period as the Commissioner may allow from the date upon which the donation in question takes effect.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (4) of the following subsection:<\/p>\n

    <\/p>\n

    (4)\u00a0\u00a0\u00a0\u00a0\u00a0The payment of the tax in terms of subsection (1) shall be accompanied by a return\u00a0[in such form as may be prescribed by the Commissioner]<\/strong>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 61<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    51.\u00a0\u00a0\u00a0\u00a0\u00a0Section 61 of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for paragraph (a) of the following paragraph:<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0any reference in\u00a0[subsection (1) or (2) of section seventy-four, paragraph (c) or (d) of subsection (1) of section seventy-five or]<\/strong>\u00a0paragraph (a) or (e) of the definition of representative taxpayer\u2019 in section\u00a0[one]<\/strong>\u00a01<\/u>\u00a0to the income of any person or to the gross income received by or accrued to or in favour of any person shall be deemed to include a reference to property disposed of by any person under a donation or to the value of such property, as the context may require;\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of paragraphs (b), (c), (e), (f) and (h).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 62<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    52.\u00a0\u00a0\u00a0\u00a0\u00a0Section 62 of the Income Tax Act, 1962, is hereby amended by the substitution for subsection (4) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(4)\u00a0\u00a0\u00a0If the Commissioner is of the opinion that the amount shown in any return as the fair market value of any property is less than the fair market value of that property, he or she may fix the fair market value of that property, and the value so fixed is[, subject to the provisions of section 63,]<\/strong>\u00a0deemed for the purposes of this Part to be the fair market value of such property.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 63<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    53.\u00a0\u00a0\u00a0\u00a0\u00a0Section 63 of the Income Tax Act, 1962, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 64B<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    54.\u00a0\u00a0\u00a0\u00a0\u00a0Section 64B of the Income Tax Act, 1962, is hereby amended by the deletion of subsections (9) and (11).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 64K<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    55.\u00a0\u00a0\u00a0\u00a0\u00a0Section 64K of the Income Tax Act, 1962, is hereby amended by the deletion of subsections (3), (5), (6), (7) and (8).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 64L<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    56.\u00a0\u00a0\u00a0\u00a0\u00a0Section 64L of the Income Tax Act, 1962, is hereby amended by the substitution for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201c\u00a0[If]<\/strong>\u00a0Notwithstanding the provisions of Chapter 13 of the Tax Administration Act, if<\/u>-\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 64M<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    57.\u00a0\u00a0\u00a0\u00a0\u00a0Section 64M of the Income Tax Act, 1962, is hereby amended by the substitution for the words preceding paragraph(a) of the following words:<\/p>\n

    <\/p>\n

    \u201c\u00a0[If]<\/strong>\u00a0Notwithstanding the provisions of Chapter 13 of the Tax Administration Act, if<\/u>-\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 64R<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    58.\u00a0\u00a0\u00a0\u00a0\u00a0Section 64R of the Income Tax Act, 1962, is hereby amended by the deletion of subsections (3), (4) and (5).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 65<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    59.\u00a0\u00a0\u00a0\u00a0\u00a0Section 65 of the Income Tax Act, 1962, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 66<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    60.\u00a0\u00a0\u00a0\u00a0\u00a0Section 66 of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the heading of the following heading:<\/p>\n

    <\/p>\n

    \u201cNotice by Commissioner requiring returns for assessment of\u00a0[taxes]\u00a0normal tax<\/u>\u00a0under this Act\u00a0[and manner of furnishing re turns and interim returns]<\/strong>\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0The Commissioner must annually give public notice\u00a0[that all]<\/strong>\u00a0of the<\/u>\u00a0persons who\u00a0[are personally or in a representative capacity liable to taxation under this Act or who]<\/strong>\u00a0are required by the Commissioner to furnish returns for the assessment of\u00a0normal<\/u>\u00a0tax[, must furnish returns]<\/strong>within the period prescribed in that notice[, or such longer period as the Commissioner may allow, for the purposes of assessments in respect of the years of assessment specified in that notice]<\/strong>.\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (1A), (2), (3) and (5);<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (5A) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(5A)\u00a0\u00a0\u00a0\u00a0\u00a0Any person who is not in terms of this section required to furnish a return in respect of any year of assessment may for the purpose of having\u00a0[his]<\/strong>that person\u2019s<\/u>\u00a0liability for\u00a0[taxation]<\/strong>normal tax<\/u>\u00a0determined on assessment furnish such a return within three years after the end of such year of assessment.\u201d;<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (6), (7), (7A), (7B), (7C), (7D), (7E), (8), (9), (10) and (11);<\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (13) for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201c(13)\u00a0The return\u00a0[of income]<\/strong>\u00a0for normal tax<\/u>\u00a0to be made by any person in respect of any year of assessment shall be a\u00a0[full and true]<\/strong>\u00a0return-\u201d;<\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion in the proviso to subsection (13)(a) of the word \u201cor\u201d at the end of paragraph (b)(ii);<\/p>\n

    <\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0\u00a0by the addition to the proviso to subsection (13)(a) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c\u00a0(c)\u00a0\u00a0a person ceases to be a resident, a return shall be made for the period commencing on the first day of that year of assessment and ending on the day preceding the date that the person ceases to be a resident; or<\/u>\u201d;<\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the addition of the following proviso to subsection (13)(b):<\/p>\n

    <\/p>\n

    \u201c: Provided that where a company ceases to be a resident, a return shall be made for the period commencing on the first day of that financial year and ending on the day preceding the date that the company ceases to be a resident<\/u>\u201d.<\/p>\n

    <\/p>\n

    (j)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (13B) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(13B)\u00a0\u00a0\u00a0For the purposes of subsections\u00a0[(13),]<\/strong>\u00a0(13A)[,]<\/strong>\u00a0and (13C)\u00a0[and (14)]<\/strong>, the word \u2018income\u2019 must be construed as including any aggregate capital gain or aggregate capital loss.\u201d; and<\/p>\n

    <\/p>\n

    (k)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (14) and (15).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 67<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    61.\u00a0\u00a0\u00a0\u00a0\u00a0Section 67 of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Every person who at any time becomes liable for any normal tax or who becomes liable to submit any return contemplated in section 66 must[, within 60 days after so becoming a taxpayer,]<\/strong>\u00a0apply to the Commissioner to be registered as a taxpayer\u00a0in accordance with Chapter 3 of the Tax Administration Act<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (1A) and (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 67A, 69, 70, 70A, 70B and 71<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    62.\u00a0\u00a0\u00a0\u00a0\u00a0Sections 67A, 69, 70, 70A, 70B and 71 of the Income Tax Act, 1962, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 72A<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    63.\u00a0\u00a0\u00a0\u00a0\u00a0Section 72A of the Income Tax Act, 1962, is hereby amended by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Every resident who on the last day of the foreign tax year of a controlled foreign company or immediately before a foreign company ceases to be a controlled foreign company directly or indirectly, together with any connected person in relation to that resident, holds at least 10 per cent of the participation rights in any controlled foreign company (otherwise than indirectly through a company which is a resident), must submit to the Commissioner\u00a0[such]<\/strong>\u00a0a<\/u>\u00a0return\u00a0[as may be prescribed by the Commissioner]<\/strong>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 73 to 80<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    64.\u00a0\u00a0\u00a0\u00a0\u00a0Sections 73, 73A, 73B, 73C, 74, 74A, 74B, 74C, 74D, 75, 75A, 75B, 76, 76B, 76C, 76D, 76E, 76F, 76G, 76H. 76I, 76J, 76K, 76L, 76M, 76N, 76O, 76P, 76Q, 76R, 76S, 77, 78, 79, 79A, 79B and 80 of the Income Tax Act, 1962, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 80B<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    65.\u00a0\u00a0\u00a0\u00a0\u00a0Section 80B of the Income Tax Act, 1962, is hereby amended by the substitution for subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0Subject to the time limits imposed by\u00a0[section 79, 79A(2)(a) and 81(2)(b)]<\/strong>sections 99, 100 and 104(5)(b) of the Tax Administration Act<\/u>, the Commissioner must make compensating adjustments that he or she is satisfied are necessary and appropriate to ensure the consistent treatment of all parties to the impermissible avoidance arrangement.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 80K and 80M to 89sept<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    66.\u00a0\u00a0\u00a0\u00a0\u00a0Sections 80K, 80M, 80N, 80O, 80P, 80Q, 80R, 80S, 80T, 81, 82, 83, 83A, 84, 85, 86A, 87, 88, 88A, 88B, 88C, 88D, 88E, 88F, 88G, 88H, 89, 89bis, 89ter, 89quat, 89quin, 89sex and 89sept of the Income Tax Act, 1962, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 90<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    67.\u00a0\u00a0\u00a0\u00a0\u00a0Section 90 of the Income Tax Act, 1962, is hereby amended by the substitution in subsection (1) for the words preceding the proviso of the following words:<\/p>\n

    <\/p>\n

    \u201cSubject to the provisions of this Act\u00a0and the Tax Administration Act<\/u>, any\u00a0normal<\/u>\u00a0tax\u00a0[(other than donations tax) and any interest payable in terms of section 89(2) or 89quat,shall be]<\/strong>\u00a0is<\/u>\u00a0payable[-<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by any representative taxpayer, liable to assessment or for the payment of such tax or interest under this Act or under any previous Income Tax Act;<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0in respect of any other income and in all other cases,]<\/strong>\u00a0by the person by whom\u00a0[the]<\/strong>any taxable<\/u>\u00a0income is received or to whom or in whose favour it accrues or who is legally entitled to the receipt thereof\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 91<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    68.\u00a0\u00a0\u00a0\u00a0\u00a0Section 91 of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (1) and (2); and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (5) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(5)\u00a0\u00a0\u00a0So much of any interest payable in terms of\u00a0[section eighty-nine]<\/strong>\u00a0Chapter 12 of the Tax Administration Act<\/u>\u00a0as relates to such portion of any tax as is in terms of subsection (4) recoverable from the assets referred to in that subsection may also be recovered from such assets.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 91A to 101<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    69.\u00a0\u00a0\u00a0\u00a0\u00a0Sections 91A, 92, 93, 94, 95, 96, 97, 98, 99, 100 and 101 of the Income Tax Act, 1962, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 102<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    70.\u00a0\u00a0\u00a0\u00a0\u00a0Section 102 of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (1);<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1A) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1A)\u00a0\u00a0\u00a0\u00a0\u00a0The Commissioner may refuse to authorise a refund under\u00a0[subsection (1)]<\/strong>\u00a0section 190 of the Tax Administration Act<\/u>, if\u00a0[that person]<\/strong>\u2013<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0that person<\/u>\u00a0has failed to furnish a return\u00a0[for any year of assessment]<\/strong>\u00a0as required\u00a0[by]<\/strong>\u00a0in terms of<\/u>\u00a0this Act, until that person has furnished such\u00a0re turn\u00a0as required; or<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0[has failed to furnish the Commissioner in writing with particulars of that person\u2019s banking account or account with a similar institution to enable the Commissioner to transfer a refund, if any, to that account]<\/strong>\u00a0the refund is claimed by that person after a period of three years after the end of the year of assessment, in the case where that person was not required by any provision of this Act to furnish a return of income for that year of assessment and did not render such a return during the period of three years since the end of that year of assessment<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (2), (3) and (4).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 102A<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    71.\u00a0\u00a0\u00a0\u00a0\u00a0Section 102A of the Income Tax Act, 1962, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 103<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    72.\u00a0\u00a0\u00a0\u00a0\u00a0Section 103 of the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (4) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(4)\u00a0\u00a0\u00a0[Any decision of the Commissioner under subsection (2) shall be subject to objection and appeal, and whenever]<\/strong>\u00a0If<\/u>\u00a0in\u00a0any objection and appeal<\/u>\u00a0proceedings relating\u00a0[thereto]<\/strong>to a decision under subsection (2)<\/u>\u00a0it is proved that the agreement or change in shareholding or members\u2019 interests or trustees or beneficiaries of the trust in question would result in the avoidance or the postponement of liability for payment of any tax, duty or levy imposed by this Act or any previous Income Tax Act or any other law administered by the Commissioner, or in the reduction of the amount thereof, it shall be presumed, until the contrary is proved in the case of any such agreement or change in shareholding or members\u2019 interests or trustees or beneficiaries of such trust, that it has been entered into or effected solely or mainly for the purpose of utilising the assessed loss, balance of assessed loss, capital loss or assessed capital loss in question in order to avoid or postpone such liability or to reduce the amount thereof.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (6).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 104, 105, 105A, 106, 107A and 110<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    73.\u00a0\u00a0\u00a0\u00a0\u00a0Sections 104, 105, 105A, 106, 107A and 110 of the Income Tax Act, 1962, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 13 of First Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    74.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 13 of the First Schedule to the Income Tax Act, 1962, is hereby amended by the substitution for subparagraph (3) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(3)\u00a0\u00a0\u00a0Every farmer who desires to claim a deduction in terms of subparagraph (1), shall\u00a0[with his return of income]<\/strong>\u00a0for the year of assessment in which he\u00a0or she<\/u>\u00a0sold livestock on account of conditions of drought or stock disease or by reason of his\u00a0or her<\/u>participation in a livestock reduction scheme organized by the Government[, or within such period as the Commissioner may allow,]<\/strong>\u00a0notify the Commissioner accordingly and\u00a0[furnish]<\/strong>\u00a0obtain and retain<\/u>\u00a0full particulars in regard to the livestock so sold.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 19 of First Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    75.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 19 of the First Schedule to the Income Tax Act, 1962, is hereby amended by the substitution for subparagraph (3) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(3)\u00a0\u00a0\u00a0Where the taxpayer\u2019s assessment for a relevant period has in terms of section\u00a0[81(5) of this Act]<\/strong>\u00a0100 of the Tax Administration Act<\/u>, become final and conclusive, the Commissioner shall not, merely by reason of the fact that the amount determined under subparagraph (2)(a), as the taxpayer\u2019s annual average taxable income from farming in relation to such period is incorrect, be required to make a further assessment upon the taxpayer for such period in terms of section\u00a0[79 of this Act]<\/strong>\u00a099 of that Act<\/u>\u00a0or to authorize a refund under section\u00a0[102 of this Act]<\/strong>\u00a0190 of that Act<\/u>\u00a0of any tax overpaid in respect of such period, unless it appears that such annual average taxable income from farming should be increased or reduced by at least six hundred rand.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 20 of First Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    76.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 20 of the First Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subparagraph (1) for the words preceding item (a) of the following words:<\/p>\n

    <\/p>\n

    \u201cIf\u00a0[any]<\/strong>\u00a0a<\/u>\u00a0taxpayer (other than a company) who derives income from farming operations\u00a0[submits an application to the Commissioner]<\/strong>\u00a0makes an election<\/u>\u00a0as provided in subparagraph (6) and\u00a0if so required<\/u>\u00a0proves to the satisfaction of the Commissioner-\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subparagraph (6) for item (a) of the following item:<\/p>\n

    <\/p>\n

    \u201c(a)\u00a0\u00a0\u00a0Any taxpayer (other than a company) may[, at his option, make written application to the Commissioner]<\/strong>elect<\/u>\u00a0for the normal tax payable by\u00a0[him]<\/strong>\u00a0the taxpayer<\/u>\u00a0to be determined under this paragraph.\u201d; and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subparagraph (6)(b) for the words preceding\u00a0subitem\u00a0(i) of the following words:<\/p>\n

    <\/p>\n

    \u201c\u00a0[Any]<\/strong>\u00a0For purposes of<\/u>\u00a0such\u00a0[application shall be submitted to the Commissioner and shall be accompanied by]<\/strong>\u00a0election the following records must be obtained and retained<\/u>[-]<\/strong>:<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 1 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    77.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 1 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in the definition of \u201crepresentative employer\u201d for item (b) of the following item:<\/p>\n

    <\/p>\n

    \u201c(b)\u00a0\u00a0\u00a0in the case of any\u00a0[divisional council, municipal council, village management board or like authority]<\/strong>\u00a0municipality<\/u>\u00a0or\u00a0any bodycorporate or unincorporated (other than a company or a partnership), any manager, secretary, officer or other person responsible for paying remuneration on behalf of such\u00a0[council, board, authority]<\/strong>municipality<\/u>\u00a0or body;\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in the definition of \u201crepresentative employer\u201d for the words following paragraph (d) of the following words:<\/p>\n

    <\/p>\n

    \u201cwho\u00a0[is a resident]<\/strong>\u00a0resides in the Republic<\/u>, but nothing in this definition shall be construed as relieving any person from any liability, responsibility or duty imposed upon him\u00a0or her<\/u>\u00a0by this Schedule; and\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 2 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    78.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 2 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended by the insertion in subparagraph (4) of the following item after item (c):<\/p>\n

    <\/p>\n

    \u2026\u2026\u2026.<\/p>\n

    [Para 78 of Schedule 1 deleted by section 92 of Act 21 of 2012 e<\/span>ffective on 1 October 2012]<\/span><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 5 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    79.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 5 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended by the substitution for subparagraph (1) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Subject to the provisions of subparagraph (6)\u00a0[any]<\/strong>,\u00a0if an<\/u>\u00a0employer\u00a0[who fails to deduct or withhold the full amount of employees\u2019 tax as provided in paragraph 2 shall be]<\/strong>\u00a0is<\/u>\u00a0personally liable for the payment\u00a0[to the Commissioner of the amount]<\/strong>\u00a0of employees\u2019 tax\u00a0under Chapter 10 of the Tax Administration Act,<\/u>\u00a0[which he or she fails to deduct or withhold, and]<\/strong>\u00a0the employer<\/u>\u00a0shall\u00a0[, subject to the provisions of sub- paragraph (2),]<\/strong>\u00a0pay that amount to the Commissioner not later than the date on which payment should have been made if the employees\u2019 tax had in fact been deducted or withheld in terms of paragraph 2.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 6 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    80.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 6 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (1) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0If an employer fails to pay any amount of employees\u2019 tax for which he\u00a0or her<\/u>is liable within the period allowable for payment thereof in terms of paragraph 2\u00a0[he shall, in addition to any other penalty or charge for which he may be liable under this Act, pay]<\/strong>\u00a0SARS must in accordance with Chapter 15 of the Tax Administration Act, impose<\/u>\u00a0a penalty equal to ten per cent[.]<\/strong>\u00a0of such amount.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subparagraphs (2), (2A), (2B), (3) and (4).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of paragraph 8 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    81.\u00a0\u00a0\u00a0\u00a0\u00a0The Fourth Schedule to the Income Tax Act, 1962, is hereby amended by the repeal of paragraph 8.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 11B of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    82.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 11B of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended by the deletion of subparagraph (4A).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 11C of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    83.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 11C of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended by the substitution for subparagraph (2) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0Subject to subparagraph (6), every private company shall on a monthly basis, in respect of every director of that company, pay to the Commissioner an amount determined in accordance with subparagraph (3), which shall for the purposes of\u00a0[sections 79, 89bis, 89ter, 89quat,]<\/strong>\u00a0section<\/u>\u00a090\u00a0[, 102 and 102A]<\/strong>\u00a0of the Act,<\/u>\u00a0[and]<\/strong>\u00a0paragraphs 1, 4, 6, 11[,12]<\/strong>,13 and 14 and Parts III and IV of this Schedule[,]<\/strong>\u00a0and Chapters 8, 12 and 13 of the Tax Administration Act,<\/u>\u00a0be deemed to be an amount of employees\u2019 tax which was required to be deducted or withheld by the company as an employer in terms of paragraph 2 of this Schedule.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of paragraph 12 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    84.\u00a0\u00a0\u00a0\u00a0\u00a0The Fourth Schedule to the Income Tax Act, 1962, is hereby amended by the repeal of paragraph 12.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 14 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    85.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 14 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subparagraph (1) for the words preceding item (a) of the following words:<\/p>\n

    <\/p>\n

    \u201c[Every]<\/strong>\u00a0In addition to the records required in accordance with Part A of Chapter 4 of the Tax Administration Act, every<\/u>\u00a0employer shall in respect of each employee maintain a record showing-\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (2) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0Every employer shall when making any payment of employees\u2019 tax submit to the Commissioner\u00a0[such declaration containing such information as the Commissioner may prescribe]<\/strong>\u00a0a return<\/u>.\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subparagraph (3) for the words following item (b) of the following words:<\/p>\n

    <\/p>\n

    \u201cor within such longer time as the Commissioner may approve, render to the Commissioner\u00a0[such]<\/strong>\u00a0a<\/u>\u00a0return\u00a0[as the Commissioner may prescribe]<\/strong>.\u201d;<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subparagraph (4); and<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (6) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(6)\u00a0\u00a0\u00a0If an employer fails to render to the Commissioner a return referred to in subparagraph (3) within the period prescribed in that subparagraph,\u00a0the Commissioner may impose under Chapter 15 of the Tax Administration Act on<\/u>\u00a0that employer\u00a0[shall be required to pay]<\/strong>\u00a0a\u00a0percentage based<\/u>\u00a0penalty\u00a0[equal to]<\/strong>\u00a0for each month that the employer fails to submit a complete return which in total may not exceed<\/u>\u00a010 per cent of the total amount of employees\u2019 tax deducted or withheld\u00a0or which should have been deducted or withheld by the employer<\/u>from the remuneration of employees for the period\u00a0[relating to the return required in terms of]<\/strong>\u00a0described in<\/u>\u00a0that subparagraph\u00a0[: Provided that the Commissioner may remit that penalty or portion thereof if he or she is satisfied that the circumstances warrant it]<\/strong>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 15 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    86.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 15 of the Fourth Schedule to the Income Tax Act,1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (1) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Every person who is an employer shall apply to the Commissioner\u00a0[in such form as the Commissioner may prescribe]<\/strong>\u00a0in accordance with Chapter 3 of the Tax Administration Act<\/u>\u00a0for registration\u00a0[as an employer within 14 days after becoming an employer, or within such further period as the Commissioner may approve]<\/strong>: Provided that where no one of such employer\u2019s employees is liable for normal tax, the provisions of this paragraph shall not apply to such employer.\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subparagraph (2);<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (3) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(3)\u00a0\u00a0\u00a0Every person who\u00a0[has applied or is deemed to have applied for registration under subparagraph (1)]<\/strong>\u00a0is registered as an employer<\/u>\u00a0shall within\u00a0[fourteen]<\/strong>\u00a014<\/u>\u00a0days after\u00a0[changing his address or]<\/strong>\u00a0ceasing to be an employer, notify the Commissioner in writing of\u00a0[his new address or of]<\/strong>\u00a0the fact of\u00a0[his]<\/strong>\u00a0the employer<\/u>\u00a0having ceased to be an employer[, as the case may be]<\/strong>.\u201d; and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subparagraph (4).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of paragraph 16 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    87.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 16 of the Fourth Schedule to the Income Tax Act, 1962, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 17 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    88.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 17 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (5) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(5)\u00a0\u00a0\u00a0The Commissioner may from time to time, having regard to the rates of normal tax as fixed by Parliament or foreshadowed by the Minister in his\u00a0or her<\/u>\u00a0budget statement or as varied by the Minister under section 5(3) of this Act, to the rebates applicable in terms of section 6(2) and (3)(a) and section 6quat of this Act and to any other factors having a bearing upon the probable liability of taxpayers for normal tax, prescribe tables for optional use by provisional taxpayers falling within any category specified by the Commissioner, or by provisional taxpayers generally, for the purpose of estimating the liability of such taxpayers for normal tax, and the Commissioner may prescribe the manner in which such tables shall be applied\u00a0together with the period for which such tables shall remain in force<\/u>.\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subparagraph (6); and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (8) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(8)\u00a0\u00a0\u00a0Every person who is a provisional taxpayer shall\u00a0[within 30 days after the date upon which he becomes a provisional taxpayer,]<\/strong>\u00a0apply to the Commissioner for registration as a provisional taxpayer\u00a0in accordance with Chapter 3 of the Tax Administration Act<\/u>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 18 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    89.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 18 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended by the substitution in subparagraph (1)(d) for the words preceding\u00a0subitem\u00a0(i) of the following words:<\/p>\n

    <\/p>\n

    \u201cany natural person\u00a0[(other than a director of a private company)]<\/strong>\u00a0who on the last day of the year of assessment will be\u00a0[over the age of]<\/strong>\u00a065 years\u00a0or older<\/u>, if the Commissioner is satisfied that such person\u2019s taxable income for that year-\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 19 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    90.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 19 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subparagraph (1) for item (a) of the following item:<\/p>\n

    <\/p>\n

    \u201c(a)\u00a0\u00a0\u00a0Every provisional taxpayer (other than a company)\u00a0[or a person contemplated in paragraph 18)]<\/strong>\u00a0shall, during every period within which provisional tax is or may be payable by\u00a0[him]<\/strong>\u00a0that provisional taxpayer<\/u>\u00a0as provided in this Part,\u00a0[or any extension of such period granted in terms of paragraph 25(2),]<\/strong>\u00a0submit to the Commissioner\u00a0[, in such form as the Commissioner may prescribe,]<\/strong>(should the Commissioner so require) a return of<\/u>\u00a0an estimate of the total taxable income which will be derived by the taxpayer in respect of the year of assessment in respect of which provisional tax is or may be payable by\u00a0[him]<\/strong>\u00a0the taxpayer<\/u>.\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subparagraph (1) for item (b) of the following item:<\/p>\n

    <\/p>\n

    \u201c(b)\u00a0\u00a0\u00a0Every company which is a provisional taxpayer shall, during every period within which provisional tax is or may be payable by it as provided in this Part\u00a0[or any extension of such period granted in terms of paragraph 25(2),]<\/strong>\u00a0submit to the Commissioner\u00a0[, in such form as the Commissioner may prescribe,]<\/strong>\u00a0(should the Commissioner so require) a return of<\/u>an estimate of the total taxable income which will be derived by the company in respect of the year of assessment in respect of which provisional tax is or may be payable by the company.\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subparagraph (1) for item (c) of the following item:<\/p>\n

    <\/p>\n

    \u201c(c)\u00a0\u00a0\u00a0The amount of any estimate so submitted by a provisional tax-payer (other than a company) during the period referred to in paragraph 21(1)(a)\u00a0[or any extension of such period granted in terms of paragraph 25(2)]<\/strong>,or by a company (as a provisional taxpayer) during the period referred to in paragraph 23(a)\u00a0[or any extension of such period granted in terms of paragraph 25(2)]<\/strong>, shall, unless the Commissioner, having regard to the circumstances of the case, agrees to accept an estimate of a lower amount, not be less than the basic amount applicable to the estimate in question, as contemplated in item (d).\u201d;<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subparagraph (1) for\u00a0subsubitem\u00a0(bb) of item (d)(i) of the following\u00a0subsubitem:<\/p>\n

    <\/p>\n

    \u201c(bb)\u00a0[the taxable portion of any lump sum]<\/strong>\u00a0any amount<\/u>\u00a0contemplated in\u00a0[section 7A(4A) and]<\/strong>\u00a0paragraph (d) of the definition of \u2018gross income\u2019 in section 1; and\u201d;<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subparagraph (1) for the proviso to item (d) of the following proviso:<\/p>\n

    <\/p>\n

    \u201cProvided that, if an estimate under item (a) or (b) must be made\u2013<\/u><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0more than 18 months; and<\/u><\/p>\n

    <\/p>\n

    (b)<\/u>\u00a0\u00a0\u00a0\u00a0\u00a0in respect of a period that ends more than one year,<\/p>\n

    <\/p>\n

    after the end of the latest preceding year of assessment in relation to such estimate, the basic amount determined in terms of\u00a0subitem\u00a0(i) and (ii) shall be increased by an amount equal to eight per cent per annum of that amount, from the end of such year to the end of the year of assessment in respect of which the estimate is made.\u201d;<\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subparagraph (1) for\u00a0subitem\u00a0(ii) of item (e) of the following\u00a0subitem:<\/p>\n

    <\/p>\n

    \u201c(ii)\u00a0\u00a0\u00a0in respect of which a notice of assessment relevant to the estimate has been issued by the Commissioner not less than\u00a0[60]<\/strong>14<\/u>\u00a0days before the date on which the estimate is submitted to the Commissioner: Provided that where the Commissioner has in respect of any estimate required to be made by a provisional taxpayer issued to the taxpayer a return for the payment of provisional tax upon which the Commissioner has indicated the taxpayer\u2019s taxable income for the latest preceding year of assessment, in respect of which a notice of assessment was issued prior to the issue of such return, such\u00a0[taxable income]<\/strong>\u00a0year of assessment<\/u>\u00a0shall at the option of the taxpayer be deemed to be\u00a0[the basic amount applicable to such estimate]<\/strong>that latest preceding year of assessment<\/u>.\u201d;<\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph<\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0of the following subparagraph:<\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0If any provisional taxpayer fails to submit any estimate as required by subparagraph (1), the Commissioner may estimate the taxable income which is required to be estimated\u00a0[, and such estimate shall be final and conclusive]<\/strong>.\u201d; and<\/p>\n

    <\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph<\/p>\n

    <\/p>\n

    (3)\u00a0\u00a0\u00a0\u00a0\u00a0of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(3)\u00a0\u00a0\u00a0The Commissioner may call upon any provisional taxpayer to justify any estimate made by him\u00a0or her<\/u>\u00a0in terms of subparagraph (1), or to furnish particulars of his\u00a0or her<\/u>\u00a0income and expenditure or any other particulars that may be required, and, if the Commissioner is dissatisfied with the said estimate, he\u00a0or she<\/u>\u00a0may increase the amount thereof to such amount as he\u00a0or she<\/u>\u00a0considers reasonable\u00a0[, and the estimate as increased shall be final and conclusive]<\/strong>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 20 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    91.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 20 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the heading of the following heading:<\/p>\n

    <\/p>\n

    \u201c\u00a0[ADDITIONAL TAX]<\/strong>\u00a0PENALTY<\/u>\u00a0IN THE EVENT OF TAXABLE INCOME BEING UN DERESTIMATED \u201c;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subparagraph (1) for items (a) and (b) of the following items:<\/p>\n

    <\/p>\n

    \u201c(a)\u00a0\u00a0\u00a0more than R1 million and such estimate is less than 80 per cent of the amount of the actual taxable income the Commissioner may, if he or she is not satisfied that the amount of such estimate was seriously calculated with due regard to the factors having a bearing thereon or was not deliberately or negligently understated, subject to the provisions of subparagraph (3), impose, in addition to the normal tax chargeable in respect of the taxpayer\u2019s taxable income for such year of assessment,\u00a0a<\/u>\u00a0[an amount by way of additional tax]<\/strong>\u00a0penalty<\/u>\u00a0[up]<\/strong>\u00a0equal<\/u>\u00a0to 20 per cent of the difference between the amount of normal tax as calculated in respect of such estimate and the amount of normal tax calculated, at the rates applicable in respect of such year of assessment, in respect of a taxable income equal to 80 per cent of such actual taxable income; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0in any other case, less than 90 per cent of the amount of such actual taxable income and is also less than the basic amount applicable to the estimate in question, as contemplated in paragraph 19(1)(d), the taxpayer shall, subject to the provisions of subparagraphs (2) and (3), be liable to pay to the Commissioner, in addition to the normal tax chargeable in respect of his or her taxable income for such year of assessment,\u00a0a<\/u>\u00a0[an amount by way of additional tax]<\/strong>\u00a0penalty<\/u>\u00a0equal to 20 per cent of the difference between the amount of normal tax as calculated in respect of such estimate and the lesser of the following amounts, namely-<\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the amount of normal tax calculated, at the rates applicable in respect of such year of assessment, in respect of a taxable income equal to 90 per cent of such actual taxable income; and<\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0the amount of normal tax calculated in respect of a taxable income equal to such basic amount, at the rates applicable in respect of such year of assessment.\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (2) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0Where the Commissioner is satisfied that the amount of any estimate referred to in subparagraph (1)(b) was seriously calculated with due regard to the factors having a bearing thereon and was not deliberately or negligently understated, or if the Commissioner is partly so satisfied, the Commissioner may in his or her discretion remit the\u00a0[additional tax]<\/strong>\u00a0penalty<\/u>\u00a0or a part thereof.\u201d; and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subparagraph (4).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 20A of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    92.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 20A of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the heading of the following heading:<\/p>\n

    <\/p>\n

    \u201c\u00a0[ADDITIONAL TAX]<\/strong>\u00a0PENALTY<\/u>\u00a0IN THE EVENT OF FAILURE TO SUBMIT AN ESTIMATE OF TAXABLE INCOME TIMEOUSLY\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (1) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Subject to the provisions of subparagraphs (2) and (3), where any provisional taxpayer is liable for the payment of normal tax in respect of any amount of taxable income derived by that provisional taxpayer during any year of assessment and the estimate of his or her taxable income for that year required to be submitted by him or her under paragraph 19(1) during the period contemplated in paragraph 21(1)(b), 22(1) or 23(b),as the case may be, was not submitted by him or her on or before the last day of that year[or, if the period for the payment of provisional tax due by him or her in respect of such period has under paragraph 25(2) been extended to a date later than the end of such year, on or before such date,]<\/strong>\u00a0the taxpayer shall, unless the Commissioner has estimated the said taxable income under paragraph 19(2) or has increased the amount thereof under paragraph 19(3), be required to pay to the Commissioner, in addition to the normal tax chargeable in respect of such taxable income,\u00a0[an amount by way of additional tax]<\/strong>\u00a0a penalty<\/u>\u00a0equal to 20 per cent of the amount by which the normal tax payable by him or her in respect of such taxable income exceeds the sum of any amounts of provisional tax paid by him or her in respect of such taxable income within any period allowed for the payment of such provisional tax under this Part\u00a0[or within any extension of such period under paragraph 25(2)]<\/strong>\u00a0and any amounts of employees\u2019 tax deducted or withheld from his or her remuneration by his or her employer during such year.\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (2) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0The Commissioner may, if he\u00a0or she<\/u>\u00a0is satisfied that the provisional taxpayer\u2019s failure to submit such an estimate timeously was not due to an intent to evade or postpone the payment of provisional tax or normal tax, remit the whole or any part of the\u00a0[additional tax]<\/strong>\u00a0penalty<\/u>\u00a0imposed under subparagraph (1).\u201d; and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subparagraph (3).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 23A of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    93.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 23Aof the Fourth Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (1) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Any provisional taxpayer may for the purpose of avoiding or reducing his\u00a0or her<\/u>\u00a0liability for any interest which may become payable by him\u00a0or her<\/u>\u00a0in respect of any year of assessment under\u00a0[section 89quat]<\/strong>\u00a0Chapter 12 of the Tax Administration Act<\/u>, elect to make an additional payment of provisional tax in respect of such year.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subparagraph (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 25 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    94.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 25 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (1) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0If after the end of any period within which provisional tax is payable in terms of this Schedule the Commissioner has under the provisions of subparagraph (3) of paragraph 19 increased the amount of any estimate of taxable income submitted by any provisional taxpayer during such period, any additional provisional tax payable as a result of the Commissioner having made such increase shall, notwithstanding the provisions of paragraphs 21\u00a0[, 22]<\/strong>\u00a0and 23, be payable within such period as the Commissioner may determine.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subparagraph (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 27 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    95.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 27 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (1) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0If any provisional taxpayer fails to pay any amount of provisional tax for which he or she is liable within the period allowed for payment thereof in terms of paragraph 21 or 23, or paragraph 25(1),\u00a0[or within such extended period as the Commissioner may allow in terms of paragraph 25(2), he or she must, in addition to any other penalty or charge incurred by him or her under this Act, pay to the Commissioner]<\/strong>the Commissioner must, under Chapter 15 of the Tax Administration Act, impose<\/u>\u00a0a penalty equal to ten per cent of the amount not paid.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subparagraph (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Insertion of paragraph 28A of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    96.\u00a0\u00a0\u00a0\u00a0\u00a0The Fourth Schedule to the Income Tax Act, 1962, is hereby amended by the insertion of the following paragraph after paragraph 28:<\/p>\n

    <\/p>\n

    \u201c28A.\u00a0\u00a0\u00a0\u00a0\u00a0Payments by way of employees\u2019 tax and provisional tax must, for the purposes of this Act and subject to the provisions of paragraph 28, be regarded as having been made in respect of the taxpayer\u2019s liability for tax whether or not the liability has been ascertained or determined at the date of any payment.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 30 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    97.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 30 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (1) for the words preceding subparagraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201cAny person who\u00a0wilfully and without just cause<\/u>-\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion in subparagraph (1) of items (c), (d), (e) and (i);<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for item (j) in sub- paragraph (1) of the following item:<\/p>\n

    <\/p>\n

    \u201c(j)\u00a0\u00a0\u00a0\u00a0[fails or neglects to apply to the Commissioner for registration as an employer as required by subparagraph (1) of]<\/strong>\u00a0being a registered employer under<\/u>\u00a0paragraph 15(1)<\/u>,\u00a0[or having so applied]<\/strong>\u00a0fails or neglects to notify the Commissioner of\u00a0[any change of his address or the fact of his]<\/strong>\u00a0having ceased to be an employer as required by\u00a0[sub-paragraph (3) of that paragraph]<\/strong>paragraph 15(3)<\/u>; or\u201d; and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of item (k) in subparagraph (1).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of paragraphs 31 and 32 of Fourth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    98.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraphs 31 and 32 of the Fourth Schedule to the Income Tax Act, 1962, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 11 of Sixth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    99.\u00a0\u00a0\u00a0\u00a0\u00a0Paragraph 11 of the Sixth Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subparagraph (3);<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (6) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c(6)\u00a0\u00a0\u00a0Where the estimate described in subparagraph 4(a) is less than 80 per cent of the taxable turnover for the year of assessment,\u00a0[additional tax]<\/strong>\u00a0a penalty<\/u>\u00a0equal to 20 per cent of the difference between the tax payable on 80 per cent of the taxable turnover for the year of assessment and the tax payable on that estimate must be charged.\u201d; and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subparagraph (8) of the following subparagraph:<\/p>\n

    <\/p>\n

    \u201c\u00a0(8)\u00a0\u00a0Where the Commissioner has issued an assessment in respect of the payment required in terms of subparagraph (4), a penalty must not be imposed in terms of subparagraph (6).<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of paragraph 12 of Sixth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    100.\u00a0\u00a0\u00a0Paragraph 12 of the Sixth Schedule to the Income Tax Act, 1962, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 14 of Sixth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    101.\u00a0\u00a0\u00a0Paragraph 14 of the Sixth Schedule to the Income Tax Act, 1962, is hereby amended by the substitution for the words preceding subparagraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201c\u00a0[A]<\/strong>Notwithstanding the provisions of Part A of Chapter 4 of the Tax Administration Act, a<\/u>registered micro business must\u00a0only<\/u>\u00a0retain a record of-\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of paragraph 15 of Sixth Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    102.\u00a0\u00a0\u00a0Paragraph 15 of the Sixth Schedule to the Income Tax Act, 1962, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 12A of Seventh Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    103.\u00a0\u00a0\u00a0Paragraph 12A of the Seventh Schedule to the Income Tax Act, 1962, is hereby amended by the deletion of sub-paragraph (4).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 17 of Seventh Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    104.\u00a0\u00a0\u00a0Paragraph 17 of the Seventh Schedule to the Income Tax Act, 1962, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of the proviso in subparagraph (4); and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subparagraph (5).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of paragraph 18 of Seventh Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    105.\u00a0\u00a0\u00a0Paragraph 18 of the Seventh Schedule to the Income Tax Act, 1962, is hereby amended by the substitution for subparagraph (1) of the following sub-paragraph:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Every employer shall on the return referred to in paragraph 14 of the Fourth Schedule declare that all taxable benefits enjoyed by employees of such employer during the period in respect of which such return was furnished, are declared on the\u00a0[employees]<\/strong>employees\u2019<\/u>\u00a0tax certificates delivered to such employees or on\u00a0[the]<\/strong>\u00a0any other<\/u>\u00a0return\u00a0[to be furnished in terms of section 69]<\/strong>\u00a0as may be required by the Commissioner<\/u>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of paragraph 19 of Seventh Schedule<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    106.\u00a0\u00a0\u00a0Paragraph 19 of the Seventh Schedule to the Income Tax Act, 1962, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 89 of 1991<\/strong><\/p>\n<\/td>\n

    		\n

    Value-Added Tax Act, 1991<\/strong><\/p>\n<\/td>\n

    		\n

    Amendment of Act 89 of 1991<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    107.\u00a0\u00a0\u00a0The Value-Added Tax Act, 1991, is hereby amended by the substitution for the term officer\u2019, where used in the context of a person who is engaged by the Commissioner in carrying out the provisions of that Act, of the term \u2018SARS official\u2019.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 1<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    108.\u00a0\u00a0\u00a0Section 1 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of the definition of business day\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of Commissioner\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Commissioner\u2019<\/strong>\u00a0means the Commissioner for the South African Revenue Service\u00a0appointed in terms of section 6 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997), or the Acting Commissioner designated in terms of section 7 of that Act<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201cprescribed rate\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018prescribed rate\u2019<\/u><\/strong>\u00a0means the rate contemplated in section 189(3) of the Tax Administration Act;<\/u>\u201d;<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after the definition of \u201ctax\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Tax Administration Act\u2019<\/u><\/strong>\u00a0means the Tax Administration Act, 2011;<\/u>\u201d;<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of the definition of tax period\u201d; and<\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201cVAT registration number\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018VAT registration number\u2019<\/strong>, in relation to any vendor, means the number allocated to that vendor by the Commissioner\u00a0[for the\u00a0pur\u00a0poses of this Act]<\/strong>\u00a0in terms of section 24 of the Tax Administration Act<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0\u00a0by the renumbering of section 1 to section 1(1); and<\/p>\n

    <\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Tax Administration Act bears that meaning for purposes of this Act.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Substitution of section 4<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    109.\u00a0\u00a0\u00a0The Value-Added Tax Act, 1991, is hereby amended by the substitution for section 4 of the following section:<\/p>\n

    <\/p>\n

    [Act to be administered by Commis\u00a0sioner]Administration of Act<\/u><\/strong><\/p>\n

    <\/p>\n

    4. (1)\u00a0The Commissioner\u00a0[shall be]<\/strong>\u00a0is<\/u>\u00a0responsible for carrying out the provisions of this Act.<\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 5<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    110.\u00a0\u00a0\u00a0Section 5 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0The powers conferred and the duties imposed upon the Commissioner by or in terms of the provisions of this Act or any amendment thereof may be exercised or performed by the Commissioner\u00a0[personally]<\/strong>,or by any[officer engaged in carrying out the said provisions under the control, direction or supervision of the Commissioner]<\/strong>\u00a0SARS official<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 6<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    111.\u00a0\u00a0\u00a0Section 6 of the Value-Added Tax Act, 1991, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 13<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    112.\u00a0\u00a0\u00a0Section 13 of the Value-Added Tax Act, 1991, is hereby amended by the substitution in subsection (5) for paragraph (a) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(a)\u00a0\u00a0\u00a0\u00a0for the collection (in such manner as the Commissioner may determine) by\u00a0a SARS official, or the<\/u>[-<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0any officer performing his or her duties under the control, direction or supervision of the Commissioner; or<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (ii)]<\/strong>\u00a0\u00a0\u00a0\u00a0Managing Director of the South African Post Office Limited on behalf of the Commissioner, of the tax payable in terms of this Act in respect of the importation of any goods into the Republic; and\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 14<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    113.\u00a0\u00a0\u00a0Section 14 of the Value-Added Tax Act, 1991, is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(a)\u00a0\u00a0\u00a0\u00a0furnish the Commissioner with a\u00a0[declaration (in such form as the Commissioner may prescribe) containing such information as may be required]<\/strong>return<\/u>; and\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 15<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    114.\u00a0\u00a0\u00a0Section 15 of the Value-Added Tax Act, 1991, is hereby amended by the substitution for subsection (8) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(8)\u00a0\u00a0\u00a0If, in relation to any particulars required to be furnished under subsection(4)[,]<\/strong>\u2013<\/u><\/p>\n

    <\/p>\n

    (a)<\/u>\u00a0\u00a0\u00a0\u00a0\u00a0the amount referred to in subsection (6)(b) exceeds the amount referred to in subsection (6)(a);<\/u>\u00a0or<\/p>\n

    <\/p>\n

    (b)<\/u>\u00a0\u00a0\u00a0\u00a0\u00a0the amount referred to in subsection (7)(b) exceeds the amount referred to in subsection (7)(a),<\/p>\n

    <\/p>\n

    \u00a0the amount of the excess shall be refundable to the vendor by the Commissioner in respect of the changeover period as provided in\u00a0[section 44(1)]<\/strong>\u00a0Chapter 13 of the Tax Administration Act<\/u>, read with section 16(5).\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 16<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    115.\u00a0\u00a0\u00a0Section 16 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the proviso to subsection (2) of the following proviso:<\/p>\n

    <\/p>\n

    \u201cProvided that where a tax invoice or debit note or credit note in relation to that supply has been provided in accordance with this Act, or a bill of entry or other document has been delivered in accordance with the Customs and Excise Act, as the case may be, the Commissioner may determine that no deduction for input tax in relation to that supply or importation shall be made unless that tax in voice or debit note or credit note or that bill of entry or other document is retained in accordance with the provisions of section 55[(3)]<\/strong>\u00a0and Part A of Chapter 4 of the Tax Administration Act<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (5) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(5)\u00a0\u00a0\u00a0If, in relation to any tax period of any vendor, the aggregate of the amounts that may be deducted under subsection (3) from the sum referred to in that subsection, the amount (if any) refundable to the vendor under section 15(8),\u00a0[the amount (if any) brought forward from the tax period preceding the first- mentioned tax period as provided in paragraph (ii) of the proviso to section 44(1) and the amount (if any) credited under section 44(4) to the vendor\u2019s account during the first-mentioned tax period]<\/strong>\u00a0and any other amount refundable under Chapter 13 of the Tax Administration Act<\/u>, exceeds the said sum, the amount of the excess shall, subject to the provisions of this Act, be refundable to the vendor by the Commissioner as provided in\u00a0[section 44(1)]<\/strong>\u00a0Chapter 13 of the Tax Administration Act<\/u>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 17<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    116.\u00a0\u00a0\u00a0Section 17 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the words preceding the proviso to subsection (1) of the following words:<\/p>\n

    <\/p>\n

    \u201cWhere goods or services are acquired or imported by a vendor partly for consumption, use or supply (hereinafter referred to as the intended use) in the course of making taxable supplies and partly for another intended use, the extent to which any tax which has become payable in respect of the supply to the vendor or the importation by the vendor, as the case may be, of such goods or services or in respect of such goods under section 7(3) or any amount determined in accordance with paragraph (b) or (c) of the definition of \u2018input tax\u2019 in section 1, is input tax, shall be an amount which bears to the full amount of such tax or amount, as the case may be, the same ratio (as determined by the Commissioner in accordance with a ruling as contemplated in\u00a0Chapter 7 of the Tax Administration Act or<\/u>\u00a0section\u00a0[41A or]<\/strong>\u00a041B) as the intended use of such goods or services in the course of making taxable supplies bears to the total intended use of such goods or services\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for paragraph (iii) in subsection (1) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(iii)\u00a0\u00a0where a method for determining the ratio referred to in this subsection has been approved by the Commissioner, that method may only be changed with effect from a future tax period, or from such other date as the Commissioner may consider equitable\u00a0and such other date must fall-<\/u><\/p>\n

    <\/p>\n

    (aa)\u00a0\u00a0\u00a0\u00a0in the case of a vendor who is a taxpayer as defined in section 1 of the Income Tax Act, within the year of assessment as defined in that Act; or<\/u><\/p>\n

    <\/p>\n

    (bb)\u00a0\u00a0\u00a0in the case of a vendor who is not a taxpayer as defined in section 1 of the Income Tax Act, within the period of twelve months ending on the last day of February, or if such vendor draws up annual financial statements in respect of a year ending other than on the last day of February, within that year,<\/u><\/p>\n

    <\/p>\n

    during which the application for the aforementioned method was made by the vendor<\/u>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 23<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    117.\u00a0\u00a0\u00a0Section 23 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (2) of the following subsection:<\/p>\n

    \u00a0\u201c(2)\u00a0\u00a0Every person who\u00a0is not a resident of the Republic, and who<\/u>\u00a0in terms of subsection (1) or section 50A, becomes liable to be registered\u00a0[shall not later than 21 days after becoming so liable apply to the Commissioner for registration in such form as the Commissioner may direct and provide the Commissioner with such further particulars and any documentation as the Commissioner may require in such form for the purpose of registering that person: Provided that where-<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0a person who applies for registration under this subsection has not provided all particulars and documentation as required by the Commissioner that person shall be deemed not to have applied for registration until he has provided all such particulars and documentation to the Commissioner;<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0such person is not a resident of the Republic, such person]<\/strong>\u00a0in accordance with Chapter 3 of the Tax Administration Act,\u00a0<\/u>shall be deemed not to have applied for registration, in addition to section 22(4) of the Tax Administration Act<\/u>, until\u00a0[he]<\/strong>such person<\/u>\u00a0has-<\/p>\n

    <\/p>\n

    [(aa)]<\/strong>(a)<\/u>\u00a0appointed a representative vendor as contemplated in section\u00a0[48(1)]<\/strong>\u00a046<\/u>\u00a0in the Republic and furnished the Commissioner with the particulars of such representative vendor;<\/p>\n

    <\/p>\n

    [(bb)]<\/strong>(b)<\/u>\u00a0opened a banking account with any bank, mutual bank or other similar institution, registered in terms of the Banks Act, 1990 (Act No. 94 of 1990), for the purposes of his\u00a0or her<\/u>\u00a0enterprise carried on in the Republic and furnished the Commissioner with the particulars of such banking account.\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the words following subparagraph (d) of sub-section (3) of the following words:<\/p>\n

    <\/p>\n

    \u201cmay apply to the Commissioner for registration\u00a0[in such form as the Commissioner may direct and provide the Commissioner with such further particulars and any documentation as the Commissioner may require in such form for the purpose of registering that person]<\/strong>.\u201d; and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (4) for paragraphs (a) and (b) of the following paragraphs:<\/p>\n

    <\/p>\n

    \u201c(a)\u00a0\u00a0\u00a0applied for registration in accordance with\u00a0Chapter 3 of the Tax Administration Act or<\/u>\u00a0subsection (2) or (3) and the Commissioner is satisfied that that person is eligible to be registered in terms of this Act, that person shall be a vendor for the purposes of this Act with effect from such date as the Commissioner may determine; or<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0not applied for registration in terms of\u00a0[subsection (2)]<\/strong>\u00a0Chapter 3 of the Tax Administration Act<\/u>\u00a0and the Commissioner is satisfied that that person is liable to be registered in terms of this Act, that person shall be a vendor for the purposes of this Act with effect from the date on which that person first became liable to be registered in terms of this Act: Provided that the Commissioner may, having regard to the circumstances of the case, determine that person to be a vendor from such later date as the Commissioner may consider equitable\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 25<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    118.\u00a0\u00a0\u00a0Section 25 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201c[Subject to this Act]<\/strong>\u00a0In addition to any requirement under the Tax Administration Act<\/u>, every vendor shall within 21 days\u00a0[and in such form as the Commissioner may prescribe]<\/strong>\u00a0notify the Commissioner in writing of-\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for paragraph (a) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(a)\u00a0\u00a0\u00a0any change in the\u00a0[name, address,]<\/strong>\u00a0constitution or nature of the principal\u00a0enter prise\u00a0or enterprises of that vendor;\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of paragraph (f);<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the addition after paragraph (g) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c\u00a0(h)\u00a0\u00a0any changes in the majority ownership of any company<\/u>\u201d; and<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of the proviso.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Substitution of section 26<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    119.\u00a0\u00a0\u00a0The Value-Added Tax Act, 1991, is hereby amended by the substitution for section 26 of the following section:<\/p>\n

    <\/p>\n

    \u201cLiabilities not affected by person ceasing to be vendor<\/strong><\/p>\n

    <\/p>\n

    26.\u00a0\u00a0\u00a0\u00a0\u00a0The obligations and liabilities under this Act\u00a0or the Tax Administration Act<\/u>\u00a0of any person in respect of anything done, or omitted to be done, by that person while that person is a vendor shall not be affected by the fact that that person ceases to be a vendor, or by the fact that, being registered as a vendor, the Commissioner cancels that person\u2019s registration as a vendor.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 27<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    120.\u00a0\u00a0\u00a0Section 27 of the Value-Added Tax Act, 1991, is hereby amended by the substitution for subsection (6) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(6)\u00a0\u00a0\u00a0The tax periods applicable under this Act to any vendor shall be the tax periods applicable to the Category within which the vendor falls as contemplated in this section: Provided that-<\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the first such period shall commence on the commencement date or, where any person becomes a vendor on a later date, such later date;<\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0any tax period ending on the last day of a month, as applicable in respect of the relevant Category, may, instead of ending on such last day, end on a fixed day approved by the Commissioner, which day shall fall within 10 days before or after such last day: Provided that the future tax period so approved by the Commissioner must be used by the vendor for a minimum period of 12 months commencing from the tax period the change is made<\/u>;<\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0the first day of any tax period of the vendor subsequent to the vendor\u2019s first tax period shall be the first day following\u2013<\/u><\/p>\n

    <\/p>\n

    (a)<\/u>\u00a0\u00a0\u00a0\u00a0\u00a0the last day of the vendor\u2019s preceding tax period; or<\/u><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the fixed day as approved by the Commissioner in terms of paragraph (ii)<\/u>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 28<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    121.\u00a0\u00a0\u00a0Section 28 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion in subsection (1) of paragraph (i) of the proviso;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (1) for paragraph (iii) of the proviso of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(iii)\u00a0\u00a0a vendor registered with the Commissioner to submit returns\u00a0[and payments]<\/strong>\u00a0electronically\u00a0[(other than by means of a debit order), must furnish the return]<\/strong>\u00a0is deemed to have made payment within the period contemplated in subsection (1)<\/u>\u00a0[and make]<\/strong>\u00a0if the vendor makes<\/u>\u00a0full payment of the amount of tax within the period ending on the last business day of the month during which that twenty- fifth day falls;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion in subsection (1) of paragraphs (iv) and (v) of the proviso; and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (3), (4), (5), (6), (7), (8) and (9).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 29<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    122.\u00a0\u00a0\u00a0Section 29 of the Value-Added<\/p>\n

    <\/p>\n

    Tax Act, 1991, is hereby amended by the substitution in paragraph (a) for the words preceding subparagraph (i) of the following words:<\/p>\n

    <\/p>\n

    \u201cfurnish the Commissioner with a return\u00a0[(in such form as the Commissioner may prescribe)]<\/strong>reflecting-\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 30<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    123.\u00a0\u00a0\u00a0Section 30 of the Value-Added Tax Act, 1991, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 31<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    124.\u00a0\u00a0\u00a0Section 31 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0[Where]<\/strong>The Commissioner may make an assessment of the amount of tax payable by<\/u>\u2013<\/p>\n

    <\/p>\n

    [(a)\u00a0\u00a0\u00a0\u00a0any person fails to furnish any return as required by section 28, 29 or 30 or fails to furnish any declaration as required by section 14; or<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner is not satisfied with any return or declaration which any person is required to furnish under a section referred to in paragraph (a);or<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0the Commissioner has reason to believe that any person has become liable for the payment of any amount of tax but has not paid such amount; or]<\/strong><\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0any person, not being a vendor,\u00a0that<\/u>\u00a0supplies goods or services and represents that tax is charged on that supply; or<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0any vendor\u00a0that<\/u>\u00a0supplies goods or services and such supply is not a taxable supply or such supply is a taxable supply in respect of which tax is chargeable at a rate of zero per cent, and in either case that vendor represents that tax is charged on such supply at a rate in excess of zero per cent;<\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0any person who holds himself out as a person entitled to a refund or who produces, furnishes, authorises, or makes use of any tax invoice or document or debit note and has obtained any undue tax benefit or refund under the provisions of an export incentive scheme referred to in paragraph (d) of the definition of \u201cexported\u201d in section 1, to which such person is not\u00a0en-titled[,<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    the Commissioner may, notwithstanding the provisions of section 32 (5) of this Act and section 83 (18) and 83A (12) of the Income Tax Act, make an assessment of the amount of tax payable by the person liable for the payment of such amount of tax, and the amount of tax so assessed shall be paid by the person concerned to the Commissioner]<\/strong>.\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion in subsection (2) of paragraph (a);<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (3);<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the words that precede paragraph (a) in subsection (4) of the following words:<\/p>\n

    <\/p>\n

    \u201cThe Commissioner\u00a0[shall give the person concerned a written notice of such assessment, stating the amount upon which tax is payable, the amount of tax payable, the amount of any additional tax payable in terms of section 60 and the tax period (if any) in relation to which the assessment is made]<\/strong>\u00a0must give a notice of assessment<\/u>, and-\u201d; and<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (5) and (5A).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 31A and 31B<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    125.\u00a0\u00a0\u00a0Sections 31A and 31B of the Value-Added Tax Act, 1991, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 32<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    126.\u00a0\u00a0\u00a0Section 32 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the heading of the following heading:<\/p>\n

    <\/p>\n

    \u201cObjections to certain decisions<\/strong>\u00a0[or assessments]<\/strong>\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0[Any person who is dissatisfied with-]<\/strong>The following decisions of the Commissioner are subject to objection and appeal:<\/u><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0any decision given in writing by the Commissioner-<\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in terms of section 23(7) notifying that person of the Commissioner\u2019s refusal to register that person in terms of this Act;\u00a0[or]<\/strong><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0in terms of section 24(6) or (7) notifying that person of the Commissioner\u2019s decision to cancel any registration of that person in terms of this Act or of the Com\u00a0missioner\u2019s\u00a0refusal to cancel such registration; or<\/p>\n

    <\/p>\n

    [(iii)\u00a0\u00a0\u00a0in terms of section 44(8) of the Commissioner\u2019s refusal to make a refund; or]<\/strong><\/p>\n

    <\/p>\n

    (iv)\u00a0\u00a0\u00a0\u00a0refusing to approve a method for determining the ratio contemplated in section 17(1); or<\/p>\n

    <\/p>\n

    [(v)\u00a0\u00a0\u00a0\u00a0in terms of section 43(5) and (6) notifying a member, shareholder or trustee of a vendor that he is required to provide surety in respect of the vendor\u2019s liability for tax from time to time; or<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (vi)\u00a0\u00a0\u00a0\u00a0refusing to remit, in whole or in part, any interest or penalty in terms of section 39(7); or<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0any assessment made upon him under the provisions of section 31, 60 or 61; or]<\/strong><\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0any\u00a0[direction or supplementary direction]<\/strong>\u00a0decision<\/u>\u00a0made by the Commissioner and served on that person in terms of section 50A(3) or (4)[,<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    may lodge an objection thereto with the Commissioner]<\/strong>.\u201d; and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (2), (2A), (3), (4) and (5).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 33 to 37<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    127.\u00a0\u00a0\u00a0Sections 33,33A, 34,35,36 and 37 of the Value-Added Tax Act, 1991, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 39<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    128.\u00a0\u00a0\u00a0Section 39 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the heading of the following heading:<\/p>\n

    <\/p>\n

    \u201cPenalty\u00a0[and interest]\u00a0for failure to pay tax when due\u201d<\/strong>;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)[(a)]<\/strong>\u00a0If any person who is liable for the payment of tax and is required to make such payment\u00a0[in the manner prescribed in]<\/strong>\u00a0in accordance with the provisions of<\/u>\u00a0section\u00a014,<\/u>\u00a028(1)\u00a0or 29<\/u>, fails to pay any amount of such tax within the period for the payment of such tax specified in the said\u00a0[provision he shall]<\/strong>\u00a0provisions, the Commissioner must<\/u>, in\u00a0[addition to such amount of tax, pay]<\/strong>\u00a0accordance with Chapter 15 of the Tax Administration Act, impose<\/u>[-<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0]<\/strong>a penalty equal to 10 per cent of the said amount of tax[; and<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0where payment of the said amount of tax is made on or after the first day of the month following the month during which the period\u00a0al lowed\u00a0for payment of the tax ended, interest on the said amount of tax, calculated at the prescribed rate (but subject to the provisions of section 45A) for each month or part of a month in the period reckoned from the said first day.<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0Where any amount of tax has in relation to any tax period of any vendor been refunded to the vendor in terms of the provisions of section 44(1), read with section 16(5), or has in relation to that period been set off against unpaid tax in terms of the provisions of section 44(6), and such amount was in whole or in part not properly refundable to the vendor under section 16(5), so much of such amount as was not properly so refundable shall for the purposes of paragraph (a)(i) be deemed to an amount of tax required to be paid by the vendor within the said period and for the purposes of paragraph (a)(ii), an amount of tax required to be paid by the vendor during the period in which the refund was made]<\/strong>.\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (2);<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (4) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(4)\u00a0\u00a0\u00a0Where any importer of goods which are required to be entered under the Customs and Excise Act, fails to pay any amount of tax payable in respect of the importation of the goods on the date on which the goods are entered under the said Act for home consumption in the Republic or the date on which customs duty is payable in terms of the said Act in respect of the importation or, if such duty is not payable, the date on which it would be so payable if it had been payable, whichever date is later,\u00a0the Commissioner must, in accordance with Chapter 15 of the Tax Administration Act, impose on<\/u>\u00a0that importer\u00a0[shall, in addition to such amount of tax pay-<\/strong><\/p>\n

    (a)]<\/strong>\u00a0\u00a0\u00a0\u00a0a penalty equal to 10 per cent of the said amount of tax[; and<\/strong><\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0where payment of the said amount of tax is made on or after the first day of the month following the month during which the period allowed for payment of the tax ended, interest on the said amount of tax, calculated at the prescribed rate (but subject to the provisions of section 45A) for each month or part of a month in the period reckoned from the said first day]<\/strong>.\u201d;<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (5) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(5)\u00a0\u00a0\u00a0Where any person who is liable for the payment of tax fails to pay any amount of such tax on the date on which in terms of the Customs and Excise Act, liability arises for the payment of the excise duty or environmental levy referred to in section 7(3)(a),\u00a0the Commissioner must, in accordance with Chapter 15 of the Tax Administration Act, impose on<\/u>\u00a0that person\u00a0[shall, in addition to such amount of tax, pay-<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (a)]<\/strong>\u00a0\u00a0\u00a0a penalty equal to 10 per cent of the said amount of tax[; and<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0where payment of the said amount of tax is made on or after the first day of the month following the month during which the period\u00a0al lowed\u00a0for payment of the tax ended, interest on that amount of tax, calculated at the prescribed rate (but subject to the provisions of section 45A) for each month or part of a month in the period reckoned from the said first day]<\/strong>.\u201d; and<\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (6), (6A), (7) and (8).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 40<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    129.\u00a0\u00a0\u00a0Section 40 of the Value-Added Tax Act, 1991, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 41A<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    130.\u00a0\u00a0\u00a0Section 41A of the Value-Added Tax Act, 1991, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 41B<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    131.\u00a0\u00a0\u00a0Section 41B of the Value-Added Tax Act, 1991, is hereby amended by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0The Commissioner may issue a VAT class ruling or a VAT ruling and in applying the provisions\u00a0[relating to Part IA of Chapter III of the Income Tax Act,]<\/strong>\u00a0of Chapter 7 of the Tax Administration Act,<\/u>\u00a0a VAT class ruling or a VAT ruling must be dealt with as if it were a binding class ruling or a binding private ruling, respectively: Provided that-<\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0the provisions of\u00a0[subsections (2)(k), (2)(l) and (5) of section 76E and section 76F of the Income Tax Act]<\/strong>section 79(4)(f) and (k) and (6) of the Tax Administration Act shall not apply to any VAT class ruling or VAT ruling;<\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0an application for a VAT class ruling or a VAT ruling in terms of this section shall not be accepted by the Commissioner if the application-<\/p>\n

    <\/p>\n

    (aa)\u00a0\u00a0\u00a0\u00a0is for an advance tax ruling that qualifies for acceptance in terms of\u00a0[section 41A]<\/strong>\u00a0Chapter 7 of the Tax Administration Act<\/u>; and<\/p>\n

    <\/p>\n

    (bb)\u00a0\u00a0\u00a0falls within a category of rulings prescribed by the Minister by regulation for which applications for rulings in terms of this section may not be accepted.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 42 and 43<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    132.\u00a0\u00a0\u00a0Sections 42 and 43 of the Value-Added Tax Act, 1991, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 44<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    133.\u00a0\u00a0\u00a0Section 44 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (1) and (2);<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (3) for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201cThe Commissioner shall not make a refund under\u00a0[subsection (2)]<\/strong>\u00a0Chapter 13 of the Tax Administration Act<\/u>\u00a0unless-\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion in subsection (3) of paragraphs (a) and (b);<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (4), (5) and (6);<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (7) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(7)\u00a0\u00a0\u00a0Where the vendor has failed to furnish a return for any tax period as required by this Act, the Commissioner may withhold payment of any amount refundable to the vendor under\u00a0[subsection (1) or any amount of interest payable to the vendor in terms of section 45]<\/strong>\u00a0section 190 of the Tax Administration Act<\/u>\u00a0until the vendor has furnished such return as so required.\u201d;<\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (8); and<\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0\u00a0by the addition after subsection (9) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c\u00a0(10)\u00a0\u00a0\u00a0\u00a0\u00a0The amount determined under section 191(3) of the Tax Administration Act must be accounted for as provided in section 16(5), but any refundable amount (irrespective of the quantum thereof) is refundable in full to a vendor in respect of its final tax period on the cancellation of its registration as a vendor.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Substitution of section 45<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    134.\u00a0\u00a0\u00a0The Value-Added Tax Act, 1991, is hereby amended by the substitution for section 45 of the following section:<\/p>\n

    <\/p>\n

    \u201cInterest on delayed refunds<\/strong><\/p>\n

    <\/p>\n

    45.\u00a0\u00a0\u00a0\u00a0\u00a0(1) Where the Commissioner does not within the period of 21 business days after the date on which the vendor\u2019s return in respect of a tax period is received by a SARS office refund any amount refundable under the Tax Administration Act, interest will be paid on such amount in accordance with Chapter 12 of that Act.<\/u><\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0Despite the provisions of Chapter 12 of the Tax Administration Act, if a person fails to-<\/u><\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0without just cause submit relevant material, requested by SARS for purposes of verification, inspection or audit of a refund in accordance with Chapter 5 of the Tax Administration Act; or<\/u><\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0furnish SARS in writing with particulars of the account required in terms of section 44(3)(d) to enable SARS to transfer a refund to that account,<\/u><\/p>\n

    <\/p>\n

    no interest accrues on the amount refundable for the period from the date that-<\/u><\/p>\n

    <\/p>\n

    (i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0in respect of subparagraph (a),the relevant material was required to be submitted; or<\/u><\/p>\n

    <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0in respect of subparagraph (b),the refund is authorised,<\/u><\/p>\n

    <\/p>\n

    until the date that the person submits the relevant material or bank account particulars.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 45A<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    135.\u00a0\u00a0\u00a0Section 45A of the Value-Added Tax Act, 1991, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 46<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    136.\u00a0\u00a0\u00a0Section 46 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201cThe natural person who\u00a0[is a resident of]<\/strong>resides in<\/u>\u00a0the Republic responsible for the duties imposed by this Act- \u201c;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for paragraph (a) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(a)\u00a0\u00a0\u00a0on any company shall be the public officer thereof\u00a0[contemplated in section 101 of the Income Tax Act]<\/strong>\u00a0or, in the case of any company which is placed in liquidation, the liquidator thereof;\u201d; and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of the proviso.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 47, 48 and 49<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    137.\u00a0\u00a0\u00a0Sections 47, 48 and 49 of the Value-Added Tax Act, 1991, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 50<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    138.\u00a0\u00a0\u00a0Section 50 of the Value-Added Tax Act, 1991, is hereby amended by the substitution for subsection (6) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(6)\u00a0\u00a0\u00a0Notwithstanding the preceding provisions of this section, any\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0or determination of the Commissioner made under section 15 or 27 in respect of the vendor referred to in subsection (1) of this section shall, for the purposes of this Act, apply equally to each separate enterprise, branch or division of the vendor which is separately registered under this section: Provided that where a\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0or determination is made by the Commissioner under subsection (2) of section 27 which applies in respect of any such separate enterprise, branch or division, this subsection shall not be construed as preventing the Commissioner from making a separate\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0or determination under subsection (4) of the said section in the circumstances contemplated in that subsection in respect of any other separate enterprise, branch or division of the said vendor.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 50A<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    139.\u00a0\u00a0\u00a0Section 50A of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Notwithstanding the provisions of section 23, if the Commissioner makes a\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0under this section, the persons named in the\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0shall be deemed to be a single person carrying on the activities of an enterprise described in the\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0and that person shall be liable to be registered in terms of section 23 with effect from the date of the\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0or, if the\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0so provides, from such date as may be specified therein.\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (2) for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201cThe Commissioner shall not make a\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0under this section naming any person unless he\u00a0or she<\/u>\u00a0is satisfied-\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (2) for paragraph (b) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(b)\u00a0\u00a0\u00a0that the activities in the course of which he\u00a0or she<\/u>\u00a0makes or made those taxable supplies form only part of certain activities which should properly be regarded as those of the enterprise described in the\u00a0[direction]<\/strong>decision<\/u>, the other activities of that enterprise being carried on at that time or previously by one or more other persons; and\u201d;<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (3) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(3)\u00a0\u00a0\u00a0A\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0made under this section shall be served on each of the persons named in it.\u201d;<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (4) for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201cWhere, after a\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0has been given under this section specifying a description of the enterprise, it appears to the Commissioner that a person who was not named in that\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0is making taxable supplies in the course or furtherance of activities which should properly be regarded as part of the activities of that enterprise, the Commissioner may make and serve on him\u00a0or her<\/u>\u00a0a supplementary\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0referring to the earlier\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0and the description of the enterprise specified in it and adding that person\u2019s name to those of the persons named in the earlier\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0with effect from-\u201d;<\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsections (5) and (6), respectively, of the following subsections:<\/p>\n

    <\/p>\n

    \u201c(5)\u00a0\u00a0\u00a0If, immediately before a\u00a0[direction]<\/strong>decision<\/u>\u00a0(including a supplementary\u00a0[direction]<\/strong>\u00a0decision<\/u>) is made under this section, any person named in the\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0is registered in respect of the taxable supplies made by him\u00a0or her<\/u>\u00a0as contemplated in subsection (2) or (4), he\u00a0or she<\/u>\u00a0shall cease to be liable to be so registered with effect from-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0the date with effect from which the single person concerned became liable to be registered; or<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the date of the\u00a0[direction]<\/strong>decision<\/u>,<\/p>\n

    <\/p>\n

    whichever date is the later.<\/p>\n

    <\/p>\n

    (6)\u00a0\u00a0\u00a0\u00a0\u00a0In relation to an enterprise specified in a\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0(including a supplementary\u00a0[direction]<\/strong>\u00a0decision<\/u>) under this section, the persons named in such\u00a0[direction]<\/strong>\u00a0decision<\/u>, who together are deemed to be the liable person, are in subsections (7) and (8) referred to as the members.\u201d;<\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (7) for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201cFor the purposes of this Act, where a\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0is made under this section-\u201d; and<\/p>\n

    <\/p>\n

    (h)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for paragraph (a) of subsection (7) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(a)\u00a0\u00a0\u00a0the person carrying on the enterprise specified in the\u00a0[direction]<\/strong>\u00a0decision<\/u>shall be\u00a0registrable\u00a0in such name as the members may jointly nominate upon compliance with the provisions of section 23(2);\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 55<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    140.\u00a0\u00a0\u00a0Section 55 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201c\u00a0[Every vendor shall keep such books of account (which books of account, where\u00a0gener\u00a0ated\u00a0by means of a computer, shall be retained in the form of a computer print-out) or other records as may enable him to observe the requirements of this Act and enable the Commis\u00a0sioner\u00a0to satisfy himself that the vendor has observed such requirements, and]<\/strong>\u00a0In addition to the records required under Part A of Chapter 4 of the Tax Administration Act,<\/u>\u00a0every vendor\u00a0[shall]<\/strong>\u00a0must<\/u>, in particular, keep the following records and documents[-]<\/strong>:<\/u>\u2019; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (2), (3) and (4).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 57 to 57D<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    141.\u00a0\u00a0\u00a0Sections 57, 57A, 57B, 57C and 57D of the Value-Added Tax Act, 1991, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 58<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    142.\u00a0\u00a0\u00a0Section 58 of the Value-Added Tax Act, 1991, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201cAny person who\u00a0wilfully and without just cause<\/u>-\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of paragraphs (a), (b) and (c);<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for paragraph (d) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(d)\u00a0\u00a0\u00a0fails to comply with the provisions of section 14,\u00a0[or section]<\/strong>\u00a028(1) or (2)\u00a0or<\/u>[section]<\/strong>\u00a029\u00a0[or section 30]<\/strong>;or\u201d;<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of paragraphs (f) to (i);<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in paragraph (j) for subparagraphs (ii) and (iii) of the following subparagraphs:<\/p>\n

    <\/p>\n

    \u201c(ii)\u00a0\u00a0\u00a0[knowingly and without lawful excuse (the burden of proof of which shall be upon him)]<\/strong>\u00a0includes in or adds to the price or amount charged to the recipient in relation to such supply any tax, where in fact no tax is payable in terms of this Act; or<\/p>\n

    <\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0[knowingly and without lawful excuse (the burden of proof of which shall be upon him)]<\/strong>\u00a0includes in or adds to the price or amount charged to the recipient in relation to such supply any tax in excess of the tax properly\u00a0leviable\u00a0under this Act in respect of the value of such supply; or\u201d;<\/p>\n

    <\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for paragraph (k) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(k)\u00a0\u00a0\u00a0[knowingly and without lawful excuse (the burden of proof of which shall be upon him)]<\/strong>\u00a0fails to comply with the provisions of paragraph (i) of the proviso to section 20(1) or paragraph (A) of the proviso to section 21(3); or\u201d; and<\/p>\n

    <\/p>\n

    (g)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of paragraphs (l), (n), (o), (p) and (q).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 59 and 60<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    143.\u00a0\u00a0\u00a0Sections 59 and 60 of the Value-Added Tax Act, 1991, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 61<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    144.\u00a0\u00a0\u00a0Section 61 of the Value-Added Tax Act, 1991, is hereby amended- (a) by the substitution for subsection (1) of the following subsection:<\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Where in respect of any supply made by a vendor, the vendor has, in consequence of any fraudulent action or any misrepresentation by the recipient of the supply, incorrectly applied a rate of zero per cent or treated such supply as being exempt from tax, the Commissioner may, notwithstanding anything to the contrary contained in this Act, raise an assessment upon the recipient for the amount of tax payable, together with any\u00a0interest and<\/u>\u00a0penalty\u00a0[or interest that has become payable in terms of section 39]<\/strong>\u00a0that has become payable in terms of Chapter 12, 15 or 16 of the Tax Administration Act, as the case may be,<\/u>\u00a0in respect of such amount[, and, in raising such assessment, the Commissioner may estimate the amount on which the tax is payable]<\/strong>.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 62, 63, 70 and 71<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    145.\u00a0\u00a0\u00a0Sections 62, 63, 70 and 71 of the Value- Added Tax Act, 1991, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 72<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    146.\u00a0\u00a0\u00a0The Value-Added Tax Act, 1991, is hereby amended by the substitution for section 72 of the following section:<\/p>\n

    <\/p>\n

    \u201cArrangements and\u00a0[directions]\u00a0decisions<\/u>\u00a0to overcome difficulties, anomalies or incongruities<\/strong><\/p>\n

    <\/p>\n

    72.\u00a0\u00a0\u00a0\u00a0\u00a0If in any case the Commissioner is satisfied that in consequence of the manner in which any vendor or class of vendors conducts his, her<\/u>\u00a0or their business, trade or occupation, difficulties, anomalies or incongruities have arisen or may arise in regard to the application of any of the provisions of this Act, the Commissioner may make an arrangement or\u00a0[give a direction]<\/strong>\u00a0decision<\/u>as to-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0the manner in which such provisions shall be applied; or<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0the calculation or payment of tax or the application of any rate of zero per cent or any exemption from tax provided in this Act,<\/p>\n

    <\/p>\n

    in the case of such vendor or class of vendors or any person transacting with such vendor or class of vendors as appears to overcome such difficulties, anomalies or incongruities: Provided that such\u00a0[direction]<\/strong>\u00a0decision<\/u>\u00a0or arrangement shall not have the effect of substantially reducing or increasing the ultimate liability for tax levied under this Act.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 34 of 1997<\/strong><\/p>\n<\/td>\n

    		\n

    South African Revenue Service Act, 1997<\/strong><\/p>\n<\/td>\n

    		\n

    Amendment of section 1<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    147.\u00a0\u00a0\u00a0Section 1 of the South African Revenue Service Act, 1997, is hereby amended by the substitution for the definition of \u201crevenue\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018revenue\u2019<\/strong>\u00a0means income derived from taxes, duties, levies, fees[, charges, additional tax]<\/strong>\u00a0and any other moneys imposed in terms of legislation, including penalties and interest in connection with such moneys;\u201d.<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 9 of 1999<\/strong><\/p>\n<\/td>\n

    		\n

    Skills Development Levies Act, 1999<\/strong><\/p>\n<\/td>\n

    		\n

    Amendment of section 1<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    148.\u00a0\u00a0\u00a0Section 1 of the Skills Development Levies Act, 1999, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201cCommissioner\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Commissioner\u2019<\/strong>\u00a0means the Commissioner for the South African Revenue Service\u00a0appointed in terms of section 6 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997), or the Acting Commissioner designated in terms of section 7 of that Act<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after the definition of \u201cSkills Development Act\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Tax Administration Act\u2019<\/u><\/strong>\u00a0means the Tax Administration Act, 2011;<\/u>\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the renumbering of section 1 to section 1(1); and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Tax Administration Act, bears that meaning for purposes of this Act.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 2<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    149.\u00a0\u00a0\u00a0Section 2 of the Skills Development Levies Act, 1999, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0The Commissioner must administer the provisions of the Act in so far as it relates to the collection of the levy payable to the Commissioner in terms of this Act, in accordance with the provisions of the Tax Administration Act<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2A)\u00a0\u00a0\u00a0\u00a0\u00a0Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 6<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    150.\u00a0\u00a0\u00a0Section 6 of the Skills Development Levies Act, 1999, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Subject to section 7, every employer must,\u00a0not later than seven days, or such longer period as the Commissioner determines, after the end of each month in respect of which the levy is payable<\/u>, pay the levy to the Commissioner\u00a0[in the manner and]<\/strong>\u00a0within the period determined in this Act.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0An employer must[, not later than seven days, or such longer period as the Commissioner determines, after the end of each month in respect of which the levy is payable, pay the levy to the Commissioner and]<\/strong>together with\u00a0[such]<\/strong>\u00a0payment\u00a0of the levy in terms of subsection (1),<\/u>\u00a0submit a\u00a0[statement-<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0in such form as the Commissioner may require; and<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0reflecting the amount of the levy due by that employer and containing such other information as the Commissioner may require]<\/strong>return<\/u>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 7A<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    151.\u00a0\u00a0\u00a0Section 7A of the Skills Development Levies Act, 1999, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 11<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    152.\u00a0\u00a0\u00a0Section 11 of the Skills Development Levies Act, 1999, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0If an employer fails to pay a levy or any portion thereof on the last day for payment thereof, as contemplated in section 6(2) or 7(4), interest is payable on the outstanding amount\u00a0[at the rate contemplated paragraph (b) of the definition of \u2018prescribed rate\u2019 in section 1 of the Income Tax Act, calculated from the day following that last day for payment to the day that payment is received by the Commissioner, SETA or approved body, as the case may be]<\/strong>\u00a0in accordance with the provisions of Chapter 12 of the Tax Administration Act.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 12<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    153.\u00a0\u00a0\u00a0Section 12 of the Skills Development Levies Act, 1999, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Subject to subsection (2), if any levy remains unpaid after the last day for payment thereof as contemplated in section 6 (2) or 7 (4),\u00a0the Commissioner must, under Chapter 15 of the Tax Administration Act, impose<\/u>a penalty of 10 per cent of that unpaid amount\u00a0[is payable in addition to the interest contemplated in section 11]<\/strong>.\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0The Commissioner or the executive officer of the SETA or approved body, as the case may be, may[, having due regard to the circumstances of the case,]<\/strong>\u00a0remit the penalty or any portion thereof imposed by subsection (1)\u00a0in accordance with the provisions of Chapter 15 of the Tax Administration Act<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (3), (4) and (5).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 13<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    154.\u00a0\u00a0\u00a0Section 13 of the Skills Development Levies Act, 1999, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 15<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    155.\u00a0\u00a0\u00a0Section 15 of the Skills Development Levies Act, 1999, is hereby amended by the addition after subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c\u00a0(3)\u00a0\u00a0An inspector has the same powers afforded to a senior SARS official, a SARS official or SARS under Chapter 5 of the Tax Administration Act.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 16, 17, 20, 20A and 21<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    156.\u00a0\u00a0\u00a0Sections 16, 17,20, 20A and 21 of the Skills Development Levies Act, 1999, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 4 of 2002<\/strong><\/p>\n<\/td>\n

    		\n

    Unemployment Insurance Contributions Act, 2002<\/strong><\/p>\n<\/td>\n

    		\n

    Amendment of section 1<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    157.\u00a0\u00a0\u00a0Section 1 of the Unemployment Insurance Contributions Act, 2002, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201cCommissioner\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Commissioner\u2019<\/strong>\u00a0means the Commissioner for the South African Revenue Service\u00a0appointed in terms of section 6 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997), or the Acting Commissioner designated in terms of section 7 of that Act<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after the definition of \u201cremuneration\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Tax Administration Act\u2019<\/u><\/strong>\u00a0means the Tax Administration Act, 2011;<\/u>\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the renumbering of section 1 to section 1(1); and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion of the following subsection after subsection (1):<\/p>\n

    <\/p>\n

    \u201c\u00a0(2)\u00a0\u00a0Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Tax Administration Act bears that meaning for purposes of this Act.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 3<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    158.\u00a0\u00a0\u00a0Section 3 of the Unemployment Insurance Contributions Act, 2002, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0This Act must be administered by the Commissioner, in accordance with the provisions of the Tax Administration Act.<\/u>\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1A)\u00a0\u00a0\u00a0\u00a0\u00a0Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act.<\/u>\u201d; and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0[The]<\/strong>\u00a0In addition to section 9 of the Tax Administration Act, and in accordance with section 10 of that Act, the<\/u>\u00a0Commissioner may delegate any power or assign any duty which relates to the collection of-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0contributions payable to the Unemployment Insurance Commissioner in terms of section 9; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0any information to be submitted by employers in terms of this Act, to the Unemployment Insurance Commissioner.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 8<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    159.\u00a0\u00a0\u00a0Section 8 of the Unemployment Insurance Contributions Act, 2002, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0An employer must, together with the payment\u00a0[contemplated]<\/strong>\u00a0referred to<\/u>\u00a0in subsection (1), submit a\u00a0[statement in such form as the Commissioner may require and]<\/strong>\u00a0return<\/u>\u00a0reflecting the amount of the payment and such other particulars as the Minister may prescribe\u00a0[by regulation]<\/strong>.\u2019; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (3).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 9A<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    160.\u00a0\u00a0\u00a0Section 9A of the Unemployment Insurance Contributions Act, 2002, is hereby amended by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0Where any employer who is required to pay the amount of all employees\u2019 contributions and the employer\u2019s contributions in respect of every employee in the employment of that employer to\u00a0[the Commissioner in terms of section 8 or to]<\/strong>\u00a0the Unemployment Insurance Commissioner in terms of section 9-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0has failed to submit a statement as required in terms of\u00a0[section 8(2) or]<\/strong>section 9(2);<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0has furnished a return as required in terms of\u00a0[section 8(2A) or]<\/strong>\u00a0section\u00a0[9(2A)]<\/strong>\u00a09(2) but the Commissioner is not satisfied with the return;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0has failed to deduct or withhold employees\u2019 contributions; or<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0has failed to pay over any contributions deducted or withheld,<\/p>\n

    <\/p>\n

    and such employer has not been absolved from his or her liabilities in terms of the provisions of this Act, the\u00a0[Commissioner or the]<\/strong>\u00a0Unemployment Insurance Commissioner[, as the case may be,]<\/strong>\u00a0may make a reasonable estimate of the amount of any contributions due in terms of section 6 and issue to the employer a notice of assessment for the unpaid amount.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 10<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    161.\u00a0\u00a0\u00a0Section 10 of the Unemployment Insurance Contributions Act, 2002, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0An employer to whom this Act applies must apply for registration to the Commissioner, in accordance with Chapter 3 of the Tax Administration Act,<\/u>\u00a0or the Unemployment Insurance Commissioner,\u00a0[whichever is applicable to such employer in terms of section 8 or 9,]<\/strong>\u00a0in such manner and within such period as may be prescribed by the\u00a0[Commissioner or]<\/strong>\u00a0Unemployment Insurance Com-missioner[, respectively]<\/strong>.\u201d; and (b) by the deletion of subsection (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 12<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    162.\u00a0\u00a0\u00a0Section 12 of the Unemployment Insurance Contributions Act, 2002, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 13<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    163.\u00a0\u00a0\u00a0Section 13 of the Unemployment Insurance Contributions Act, 2002, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0If any contribution remains unpaid after the last day for payment thereof as contemplated in section 8(1) or 9(1),\u00a0the Commissioner must, under Chapter 15 of the Tax Administration Act, impose<\/u>\u00a0a penalty of 10 per cent of the unpaid amount\u00a0[is payable in addition to the interest contemplated in section 12,]<\/strong>\u00a0but the Commissioner or the Unemployment Insurance Commissioner, as the case may be, may[, having due regard to the circumstances of the case,]<\/strong>\u00a0remit the penalty or any portion thereof\u00a0in accordance with the provisions of Chapter 15 of the Tax Administration Act<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (2), (3) and (4).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 14<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    164.\u00a0\u00a0\u00a0Section 14 of the Unemployment Insurance Contributions Act, 2002, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 15<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    165.\u00a0\u00a0\u00a0Section 15 of the Unemployment Insurance Contributions Act, 2002, is hereby amended by the addition after subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c\u00a0(2)\u00a0\u00a0An inspector has the same powers afforded to a senior SARS official, a SARS official or SARS under Chapter 5 of the Tax Administration Act.<\/u>\u201d<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 17<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    166.\u00a0\u00a0\u00a0Section 17 of the Unemployment Insurance Contributions Act, 2002, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 14 of 2007<\/strong><\/p>\n<\/td>\n

    		\n

    Diamond Export Levy (Administration) Act, 2007<\/strong><\/p>\n<\/td>\n

    		\n

    Amendment of section 1<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    167.\u00a0\u00a0\u00a0Section 1 of the Diamond Export Levy (Administration) Act, 2007, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201cCommissioner\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Commissioner\u2019<\/strong>\u00a0means the Commissioner for the South African Revenue Service\u00a0appointed in terms of section 6 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997), or the Acting Commissioner designated in terms of section 7 of that Act<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after the definition of \u201cregistered person\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u2018Tax Administration Act\u2019<\/u><\/strong>\u00a0means the Tax Administration Act, 2011.<\/u>\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the addition after subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(3)\u00a0\u00a0\u00a0Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Tax Administration Act bears that meaning for purposes of this Act.<\/u>\u201d.<\/p>\n

    [Item (c) of paragraph 167 of Schedule 1 substituted by section 93 of Act 21 of 2012 effective on 1 October 2012]<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0\u2026\u2026\u2026.<\/p>\n

    [Item (d) of paragraph 167 of Schedule 1 deleted by section 93 of Act 21 of 2012 effective on 1 October 2012]<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 7<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    168.\u00a0\u00a0\u00a0Section 7 of the Diamond Export Levy (Administration) Act, 2007, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201c[Every]<\/strong>\u00a0In addition to the records required under the Tax Administration Act, every<\/u>registered person must retain\u00a0[records necessary to observe the require\u00a0ments\u00a0of this Act and the Levy Act, including]<\/strong>\u00a0the following records<\/u>-\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (2) and (3).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 10 to 15<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    169.\u00a0\u00a0\u00a0Sections 10, 11, 12, 13, 14 and 15 of the Diamond Export Levy (Administration) Act, 2007, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 16<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    170.\u00a0\u00a0\u00a0Section 16 of the Diamond Export Levy (Administration) Act, 2007, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0The Commissioner will be responsible for administering this Act and the Levy Act, in accordance with the provisions of the Tax Administration Act, together<\/u>\u00a0with the assistance of the Regulator as described in subsection (2).\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1A)\u00a0\u00a0\u00a0\u00a0\u00a0Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act.<\/u>\u201d; and<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (3).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 17<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    171.\u00a0\u00a0\u00a0Section 17 of the Diamond Export Levy (Administration) Act, 2007, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 26 of 2007<\/strong><\/p>\n<\/td>\n

    		\n

    Securities Transfer Tax Administration Act, 2007<\/strong><\/p>\n<\/td>\n

    		\n

    Amendment of section 1<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    172.\u00a0\u00a0\u00a0Section 1 of the Securities Transfer Tax Administration Act, 2007, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0The Commissioner must administer this Act and the Securities Transfer Tax Act, 2007,\u00a0in accordance with the provisions of the Tax Administration Act, 2011<\/u>.\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1A)\u00a0\u00a0\u00a0\u00a0\u00a0Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act, 2011.<\/u>\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0Unless the context indicates otherwise,\u00a0a word or expression to which a meaning has been assigned in the Tax Administration Act, 2011, and\u00a0<\/u>any word or expression to which a meaning has been assigned in the Securities Transfer Tax Act, 2007, bears the meaning so assigned for the purposes of this Act.\u201d; and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (3).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 3<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    173.\u00a0\u00a0\u00a0Section 3 of the Securities Transfer Tax Administration Act, 2007, is hereby amended by the deletion of subsection (4) thereof.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 4<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    174.\u00a0\u00a0\u00a0Section 4 of the Securities Transfer Tax Administration Act, 2007, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0The Commissioner must refund the amount of any overpayment of tax or of any interest or penalty properly chargeable in respect of the transfer of any security,\u00a0[if application for the refund is made within two years after the date of that overpayment]<\/strong>in accordance with sections 190 and 191 of the Tax Administration Act, 2011<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (2) and (4).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 5, 6 and 7<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    175.\u00a0\u00a0\u00a0Sections 5, 6 and 7 of the Securities Transfer Tax Administration Act, 2007, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 8<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    176.\u00a0\u00a0\u00a0The Securities Transfer Tax Administration Act, 2007, is hereby amended by the substitution for section 8 of the following section:<\/p>\n

    <\/p>\n

    \u201c8.\u00a0\u00a0\u00a0\u00a0\u00a0Interest on overdue payments and penalty on default recoverable from person to whom security is transferred<\/strong><\/p>\n

    (1)In the case of a listed security, a member or participant may recover the amount of\u00a0[the]<\/strong>\u00a0interest\u00a0[referred to in section 5, penalty on default referred to in section 6 or the]<\/strong>\u00a0or<\/u>penalty\u00a0[in the case of evasion referred to in section 7]<\/strong>\u00a0payable by that member or participant\u00a0[in terms of this Act]<\/strong>\u00a0under the Tax Administration Act<\/u>\u00a0from the person-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0to whom a listed security is transferred; or<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0who cancels or redeems a listed security,<\/p>\n

    <\/p>\n

    to the extent that the action or inaction of that person resulted in the interest or penalty.<\/p>\n

    <\/p>\n

    (2)\u00a0\u00a0\u00a0\u00a0\u00a0In the case of an unlisted security, the company which issued that security may recover the amount of\u00a0[the]<\/strong>\u00a0interest\u00a0[referred to in section 5, penalty on default referred to in section 6 or the]<\/strong>\u00a0or<\/u>\u00a0penalty\u00a0[in the case of evasion referred to in section 7]<\/strong>\u00a0payable by that company\u00a0[in terms of this Act]<\/strong>\u00a0under the Tax Administration Act<\/u>\u00a0from the person to whom that security was transferred, to the extent that the action or inaction of that person resulted in the interest or penalty.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 9, 10, 11, 12, 14, 15, 16, 17, 18 and 19<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    177.\u00a0\u00a0\u00a0Sections 9, 10, 11, 12, 14, 15, 16, 17, 18 and 19 of the Securities Transfer Tax Administration Act, 2007, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Substitution of section 20<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    178.\u00a0\u00a0\u00a0The Securities Transfer Tax\u00a0Ad ministration\u00a0Act, 2007, is hereby amended by the substitution for section 20 of the following section:<\/p>\n

    <\/p>\n

    \u201cOffences<\/strong>\u00a0[and penalties]<\/strong><\/p>\n

    <\/p>\n

    20.\u00a0\u00a0\u00a0\u00a0\u00a0[Any]<\/strong>\u00a0In addition to the offences contained in sections 235 and 236 of the Tax Administration Act, 2011, any person who\u00a0[-<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0fails or neglects to furnish, file or submit any declaration or document as and when required by or under this Act;<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0without just cause shown, refuses or neglects to furnish any information, document or thing referred to in section 12;<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0fails to disclose any material fact in the declaration referred to in section 2 or 3;<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0obstructs or hinders any person in the performance of his or her functions under or in terms of this Act;<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0submits or furnishes a false certificate or statement; or<\/strong><\/p>\n

    \u00a0<\/strong><\/p>\n

    (f)\u00a0\u00a0\u00a0\u00a0\u00a0]<\/strong>\u00a0acquires an unlisted security and fails to inform the company of the transfer within the period referred to in section 2, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding\u00a0[12 months]<\/strong>\u00a0two years<\/u>.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 21<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    179.\u00a0\u00a0\u00a0Section 21 of the Securities Transfer Tax Administration Act, 2007, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 36 of 2007<\/strong><\/p>\n<\/td>\n

    		\n

    Revenue Laws Second Amendment Act, 2007<\/strong><\/p>\n<\/td>\n

    		\n

    Repeal of sections 33 and 36<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    180.\u00a0\u00a0\u00a0Sections 33 and 36 of the Revenue Laws Second Amendment Act, 2007, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 4 of 2008<\/strong><\/p>\n<\/td>\n

    		\n

    Taxation Laws Second Amendment Act, 2008<\/strong><\/p>\n<\/td>\n

    		\n

    Repeal of sections 16 and 18<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    181.\u00a0\u00a0\u00a0Sections 16 and 18 of the Taxation Laws Second Amendment Act, 2008, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 23<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    182.\u00a0\u00a0\u00a0Section 23 of the Taxation Laws Second Amendment Act, 2008, is hereby amended by the deletion of subsection (1).<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 29 of 2008<\/strong><\/p>\n<\/td>\n

    		\n

    Mineral and Petroleum Resources Royalty (Administration) Act, 2008<\/strong><\/p>\n<\/td>\n

    		\n

    Amendment of section 1<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    183.\u00a0\u00a0\u00a0Section 1 of the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of \u201cCommissioner\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Commissioner\u2019<\/strong>\u00a0means the Commissioner for the South African Revenue Service\u00a0appointed in terms of section 6 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997), or the Acting Commissioner designated in terms of section 7 of that Act<\/u>;\u201d;<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of the definition of \u201cnonbinding private opinion\u201d;<\/p>\n

    <\/p>\n

    (c)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for the definition of a \u201cnotice of assessment\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018notice of assessment\u2019<\/strong>\u00a0means a notice of assessment\u00a0[mentioned in section 9]<\/strong>\u00a0as described in section 96 of the Tax Administration Act<\/u>;\u201d; and<\/p>\n

    <\/p>\n

    (d)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after the definition of \u201cRoyalty Act\u201d of the following definition:<\/p>\n

    <\/p>\n

    \u201c\u00a0\u2018Tax Administration Act\u2019<\/u><\/strong>\u00a0means the Tax Administration Act, 2011;<\/u>\u201d; and<\/p>\n

    <\/p>\n

    (e)\u00a0\u00a0\u00a0\u00a0\u00a0by the insertion after subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(3)\u00a0\u00a0\u00a0Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Tax Administration Act, bears that meaning for purposes of this Act.\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 4<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    184.\u00a0\u00a0\u00a0Section 4 of the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph:<\/p>\n

    <\/p>\n

    \u201c(b)\u00a0\u00a0\u00a0of which<\/u>\u00a0one or more members\u00a0[of that unincorporated body]<\/strong>\u00a0hold a prospecting right, retention permit, exploration right, mining right, mining permit or production right granted pursuant to the Mineral and Petroleum Resources Development Act (or a lease or sublease mentioned in section 11 of\u00a0[the Mineral and Petroleum Resources Development]<\/strong>\u00a0that<\/u>\u00a0Act in respect of such a right); and\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 5<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    185.\u00a0\u00a0\u00a0Section 5 of the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0A registered person must submit an estimate of the royalty payable in respect of a year of assessment within six months after the first day of that year and must make a payment (together with\u00a0[such]<\/strong>\u00a0a<\/u>\u00a0return for that payment[as the Commissioner may prescribe]<\/strong>) equal to one-half of the amount of the royalty so estimated.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(2)\u00a0\u00a0\u00a0A registered person must submit an estimate of the royalty payable in respect of a year of assessment by the last day of that year and submit a payment (together with\u00a0[such]<\/strong>\u00a0a<\/u>\u00a0return for that payment\u00a0[as the Commissioner may prescribe]<\/strong>) equal to the amount of the royalty so estimated less the amount paid as mentioned in subsection (1).\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 7<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    186.\u00a0\u00a0\u00a0Section 7 of the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 8<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    187.\u00a0\u00a0\u00a0Section 8 of the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:<\/p>\n

    <\/p>\n

    \u201c[A]<\/strong>\u00a0\u00a0In addition to the records required under the Tax Administration Act, a<\/u>registered person must retain\u00a0[such records as are necessary to satisfy the requirements of this Act and the Royalty Act, including-]<\/strong>the following records:<\/u>\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsection (2).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 9<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    188.\u00a0\u00a0\u00a0Section 9 of the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, is hereby amended by the deletion of subsections (1), (2), (3) and (5).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of sections 10,11,12 and 13<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    189.\u00a0\u00a0\u00a0Sections 10, 11, 12 and 13 of the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    \n

    [Item 189 substituted\u00a0\u00a0by section 65 of Act 16 of 2016 effective on 19 January 2017]<\/span><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 17<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    190.\u00a0\u00a0\u00a0Section 17 of the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0The Commissioner is responsible for administering this Act and the Royalty Act, in accordance with the provisions of the Tax Administration Act<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (2) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c\u00a0(2)\u00a0\u00a0Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act.<\/u>\u201d.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 18<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    191.\u00a0\u00a0\u00a0Section 18 of the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 18A<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    192.\u00a0\u00a0\u00a0Section 18A of the Mineral and Petroleum Resources Royalty (Administration) Act, 2008 is hereby amended-<\/p>\n

    <\/p>\n

    (a)\u00a0\u00a0\u00a0\u00a0\u00a0by the substitution for subsection (1) of the following subsection:<\/p>\n

    <\/p>\n

    \u201c(1)\u00a0\u00a0\u00a0[The]<\/strong>\u00a0For purposes of this Act, the<\/u>\u00a0Commissioner may\u00a0only<\/u>\u00a0issue a non-binding private opinion\u00a0[to a person regarding the tax treatment of a particular set of facts and circumstances or a particular transaction]<\/strong>\u00a0in terms of Chapter 7 of the Tax Administration Act<\/u>.\u201d; and<\/p>\n

    <\/p>\n

    (b)\u00a0\u00a0\u00a0\u00a0\u00a0by the deletion of subsections (2) and (3).<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 61 of 2008<\/strong><\/p>\n<\/td>\n

    		\n

    Revenue Laws Second Amendment Act, 2008<\/strong><\/p>\n<\/td>\n

    		\n

    Repeal of sections 3, 13 and 14<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    193.\u00a0\u00a0\u00a0Sections 3, 13 and 14 of the Revenue Laws Second Amendment Act, 2008, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Amendment of section 16<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    194.\u00a0\u00a0\u00a0Section 16 of the Revenue Laws Second Amendment Act, 2008, is hereby amended by the deletion in subsection (1) of paragraph (b).<\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    Repeal of section 20<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    195.\u00a0\u00a0\u00a0Section 20 of the Revenue Laws Second Amendment Act, 2008, is hereby repealed.<\/p>\n<\/td>\n<\/tr>\n

    \n

    Act No. 18 of 2009<\/strong><\/p>\n<\/td>\n

    		\n

    Taxation Laws Second Amendment Act, 2009<\/strong><\/p>\n<\/td>\n

    		\n

    Repeal of sections 12, 13, 14, 33, 34 and 38<\/strong><\/p>\n<\/td>\n<\/tr>\n

    <\/td>\n<\/td>\n\n

    196.\u00a0\u00a0\u00a0Sections 12, 13, 14, 33, 34 and 38 of the Taxation Laws Second Amendment Act, 2009, are hereby repealed.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    <\/p>\n

    <\/div>\n
    <\/div>\n
    <\/div>\n
    <\/div>\n","post_title":"Schedule 1 (TAA)","collection_order":458,"collection":598,"post_modified":"2021-08-03 08:14:40","post_date":"2015-10-15 12:11:34"},{"ID":"14023","post_content":"

    <\/p>\n

    1<\/p>\n

    <\/p>\n","post_title":"Cameroon - South Africa DTA","collection_order":2,"collection":936,"post_modified":"2019-08-07 21:47:44","post_date":"2018-05-31 08:09:36"},{"ID":"14023","post_content":"

    <\/p>\n

    1<\/p>\n

    <\/p>\n","post_title":"Cameroon - South Africa DTA","collection_order":3,"collection":936,"post_modified":"2019-08-07 21:47:44","post_date":"2018-05-31 08:09:36"},{"ID":"3441","post_content":"

    1<\/p>\n","post_title":"Algeria - SA DTA","collection_order":4,"collection":936,"post_modified":"2019-08-06 19:18:58","post_date":"2015-12-16 11:42:12"},{"ID":"3444","post_content":"

    1<\/p>\n","post_title":"Botswana - SA DTA","collection_order":5,"collection":936,"post_modified":"2019-08-07 21:14:35","post_date":"2015-12-16 11:50:07"},{"ID":"3446","post_content":"

    1<\/h1>\n","post_title":"Democratic Republic of Congo (DRC) - SA DTA","collection_order":6,"collection":936,"post_modified":"2019-08-07 21:07:21","post_date":"2016-11-17 14:33:19"},{"ID":"3448","post_content":"","post_title":"Egypt - SA DTA","collection_order":7,"collection":936,"post_modified":"2016-11-17 14:33:16","post_date":"2015-12-16 11:54:36"},{"ID":"3450","post_content":"

    1<\/h1>\n","post_title":"Ethiopia - SA DTA","collection_order":8,"collection":936,"post_modified":"2019-08-07 21:07:46","post_date":"2016-11-17 14:33:19"},{"ID":"3457","post_content":"

    1<\/h1>\n","post_title":"Ghana - SA DTA","collection_order":9,"collection":936,"post_modified":"2019-08-07 21:08:13","post_date":"2016-11-17 14:33:19"},{"ID":"11868","post_content":"","post_title":"Kenya - South Africa DTA","collection_order":10,"collection":936,"post_modified":"2017-07-07 12:17:26","post_date":"2017-07-07 12:17:26"},{"ID":"3460","post_content":"

    1<\/p>\n","post_title":"Lesotho - SA DTA","collection_order":11,"collection":936,"post_modified":"2019-08-07 21:14:02","post_date":"2015-12-16 12:15:35"},{"ID":"3462","post_content":"

    1<\/p>\n","post_title":"Malawi - SA DTA","collection_order":12,"collection":936,"post_modified":"2019-08-07 21:08:34","post_date":"2016-11-17 14:33:19"},{"ID":"3464","post_content":"

    1<\/p>\n","post_title":"Mauritius - SA DTA","collection_order":13,"collection":936,"post_modified":"2019-08-07 21:09:01","post_date":"2016-11-17 14:33:19"},{"ID":"3466","post_content":"

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    1<\/p>\n","post_title":"Indonesia - SA DTA","collection_order":46,"collection":936,"post_modified":"2019-08-07 20:44:27","post_date":"2016-11-17 14:33:17"},{"ID":"3535","post_content":"

    1<\/b><\/p>\n","post_title":"Iran - SA DTA","collection_order":47,"collection":936,"post_modified":"2019-08-07 20:44:59","post_date":"2016-11-17 14:33:17"},{"ID":"3541","post_content":"

    1<\/b><\/p>\n","post_title":"Ireland - SA DTA (including Protocol amendments)","collection_order":48,"collection":936,"post_modified":"2019-08-07 21:04:57","post_date":"2015-12-19 21:52:13"},{"ID":"3544","post_content":"

    1<\/p>\n","post_title":"Israel - SA DTA","collection_order":49,"collection":936,"post_modified":"2019-08-07 20:45:42","post_date":"2016-11-17 14:33:17"},{"ID":"3546","post_content":"

    1<\/b><\/p>\n","post_title":"Italy - SA DTA","collection_order":50,"collection":936,"post_modified":"2019-08-07 20:46:39","post_date":"2016-11-17 14:33:17"},{"ID":"3548","post_content":"

    1<\/b><\/p>\n","post_title":"Japan - SA DTA","collection_order":51,"collection":936,"post_modified":"2019-08-07 20:48:48","post_date":"2016-11-17 14:33:17"},{"ID":"3550","post_content":"

    1<\/b><\/p>\n","post_title":"Korea - SA DTA","collection_order":52,"collection":936,"post_modified":"2019-08-07 20:49:16","post_date":"2016-11-17 14:33:17"},{"ID":"3552","post_content":"

    1<\/h1>\n","post_title":"Kuwait - SA DTA","collection_order":53,"collection":936,"post_modified":"2019-08-07 21:00:15","post_date":"2016-07-08 12:36:40"},{"ID":"3555","post_content":"

    1<\/p>\n","post_title":"Luxembourg - SA DTA","collection_order":54,"collection":936,"post_modified":"2019-08-07 20:49:45","post_date":"2016-11-17 14:33:17"},{"ID":"3557","post_content":"

    1<\/h1>\n","post_title":"Malaysia - SA DTA (including Protocol amendments)","collection_order":55,"collection":936,"post_modified":"2019-08-07 21:04:19","post_date":"2015-12-26 19:59:21"},{"ID":"3560","post_content":"","post_title":"Malta - SA DTA (including Protocol amendments)","collection_order":56,"collection":936,"post_modified":"2022-12-28 19:04:14","post_date":"2015-12-26 20:05:23"},{"ID":"3563","post_content":"

    1<\/h1>\n","post_title":"Mexico - SA DTA","collection_order":57,"collection":936,"post_modified":"2019-08-07 21:00:52","post_date":"2016-07-08 12:36:07"},{"ID":"3565","post_content":"

    1<\/h1>\n","post_title":"Netherlands - SA DTA (including Protocol amendments)","collection_order":58,"collection":936,"post_modified":"2019-08-07 21:03:44","post_date":"2015-12-26 20:16:58"},{"ID":"3568","post_content":"

    1<\/h1>\n","post_title":"New Zealand - SA DTA","collection_order":59,"collection":936,"post_modified":"2019-08-07 20:50:54","post_date":"2016-11-17 14:33:17"},{"ID":"3570","post_content":"

    1<\/h1>\n","post_title":"Norway - SA DTA","collection_order":60,"collection":936,"post_modified":"2019-08-07 20:51:26","post_date":"2016-11-17 14:33:17"},{"ID":"3572","post_content":"

    1<\/p>\n","post_title":"Oman - SA DTA (including Protocol amendments)","collection_order":61,"collection":936,"post_modified":"2019-08-07 21:03:05","post_date":"2015-12-26 20:50:27"},{"ID":"3587","post_content":"

    1<\/p>\n","post_title":"Pakistan - SA DTA","collection_order":62,"collection":936,"post_modified":"2019-08-07 21:02:26","post_date":"2016-01-30 19:29:38"},{"ID":"3590","post_content":"

    1<\/b><\/p>\n","post_title":"Poland - SA DTA","collection_order":63,"collection":936,"post_modified":"2019-08-07 20:51:54","post_date":"2016-11-17 14:33:17"},{"ID":"3592","post_content":"

    1<\/h1>\n","post_title":"Portugal - SA DTA","collection_order":64,"collection":936,"post_modified":"2019-08-07 20:52:22","post_date":"2016-11-17 14:33:17"},{"ID":"11870","post_content":"","post_title":"Qatar - South Africa DTA","collection_order":65,"collection":936,"post_modified":"2017-11-08 21:27:47","post_date":"2017-07-07 12:19:41"},{"ID":"3594","post_content":"

    1<\/b><\/p>\n","post_title":"Romania - SA DTA","collection_order":66,"collection":936,"post_modified":"2019-08-07 20:53:02","post_date":"2016-11-17 14:33:17"},{"ID":"3596","post_content":"

    1<\/p>\n","post_title":"Russian Federation - SA DTA","collection_order":67,"collection":936,"post_modified":"2019-08-07 20:53:28","post_date":"2016-11-17 14:33:17"},{"ID":"3598","post_content":"

    1<\/h1>\n","post_title":"Saudi Arabia - SA DTA","collection_order":68,"collection":936,"post_modified":"2019-08-07 20:53:53","post_date":"2016-11-17 14:33:17"},{"ID":"3600","post_content":"

    1<\/b><\/p>\n","post_title":"Singapore - SA DTA","collection_order":69,"collection":936,"post_modified":"2019-08-07 20:54:58","post_date":"2016-11-17 14:33:17"},{"ID":"3602","post_content":"

    1<\/p>\n","post_title":"Slovak Republic - SA DTA","collection_order":70,"collection":936,"post_modified":"2019-08-07 20:55:35","post_date":"2016-11-17 14:33:17"},{"ID":"3604","post_content":"

    1<\/h1>\n","post_title":"Spain - SA DTA","collection_order":71,"collection":936,"post_modified":"2019-08-07 20:56:09","post_date":"2016-11-17 14:33:17"},{"ID":"3606","post_content":"

    1<\/b><\/p>\n","post_title":"Sweden - SA DTA (including Protocol amendments)","collection_order":72,"collection":936,"post_modified":"2019-08-07 20:56:37","post_date":"2016-11-17 14:33:16"},{"ID":"3608","post_content":"

    1<\/h1>\n","post_title":"Switzerland - SA DTA","collection_order":73,"collection":936,"post_modified":"2019-08-07 20:57:04","post_date":"2016-11-17 14:33:16"},{"ID":"3610","post_content":"

    1<\/h1>\n","post_title":"Taiwan - SA DTA","collection_order":74,"collection":936,"post_modified":"2019-08-07 20:57:36","post_date":"2016-11-17 14:33:16"},{"ID":"3612","post_content":"

    1<\/h1>\n","post_title":"Thailand - SA DTA","collection_order":75,"collection":936,"post_modified":"2019-08-07 20:58:17","post_date":"2016-11-17 14:33:16"},{"ID":"3614","post_content":"

    1<\/h1>\n","post_title":"Turkey - SA DTA (including protocol amendments)","collection_order":76,"collection":936,"post_modified":"2019-08-07 20:58:44","post_date":"2016-11-17 14:33:16"},{"ID":"3616","post_content":"

    1<\/p>\n","post_title":"Ukraine - SA DTA","collection_order":77,"collection":936,"post_modified":"2019-08-07 20:59:17","post_date":"2016-11-17 14:33:16"},{"ID":"11872","post_content":"","post_title":"United Arab Emirates - South Africa DTA","collection_order":78,"collection":936,"post_modified":"2017-07-07 12:20:56","post_date":"2017-07-07 12:20:56"},{"ID":"3618","post_content":"

    1<\/p>\n","post_title":"United Kingdom (UK) - SA DTA (including Protocol amendments)","collection_order":79,"collection":936,"post_modified":"2019-08-07 21:01:58","post_date":"2016-01-30 19:52:27"},{"ID":"3622","post_content":"

    1<\/h1>\n","post_title":"United States of America (USA) - SA DTA","collection_order":80,"collection":936,"post_modified":"2019-08-07 21:01:27","post_date":"2016-01-30 19:54:59"},{"ID":"7584","post_content":"","post_title":"Interpretation Note 1 (IN1) - Provisional tax estimates","collection_order":2,"collection":1010,"post_modified":"2017-01-14 20:00:38","post_date":"2016-11-20 09:48:21"},{"ID":"7586","post_content":"","post_title":"Interpretation Note 2 (IN2) - [Archived on 11 February 2016 - section 11C repealed from 1-4-2012] Foreign dividends: deductibility of interest","collection_order":3,"collection":1010,"post_modified":"2022-12-28 18:58:11","post_date":"2016-11-20 09:50:12"},{"ID":"7588","post_content":"","post_title":"Interpretation Note 3 (IN3) - Resident: definition in relation to natural person - ordinarily resident","collection_order":4,"collection":1010,"post_modified":"2019-07-30 19:44:41","post_date":"2016-11-20 09:51:01"},{"ID":"7591","post_content":"","post_title":"Interpretation Note 4 (IN4) - 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Associations: Funding requirement (Section 30B(2)(b)(ix))","collection_order":96,"collection":1010,"post_modified":"2022-11-23 21:52:27","post_date":"2022-11-23 21:52:27"},{"ID":"23787","post_content":"","post_title":"Interpretation Note 126 (IN126) - Extraordinary dividends treated as income or proceeds on the disposal of certain shares\t(Section 22B, paragraph 43A of the Eighth Schedule)","collection_order":97,"collection":1010,"post_modified":"2023-01-30 11:49:39","post_date":"2022-12-28 19:53:37"},{"ID":"24127","post_content":"","post_title":"Interpretation Note 127 (IN127) - Determination of the taxable income of certain persons from international transactions: Intra-group loans (Section 31)","collection_order":98,"collection":1010,"post_modified":"2023-01-30 11:50:42","post_date":"2023-01-30 11:50:42"},{"ID":"24160","post_content":"","post_title":"Interpretation Note 128 (IN128) - Definition of \u201cassociated enterprise\u201d (Section 31)","collection_order":99,"collection":1010,"post_modified":"2023-05-04 20:55:20","post_date":"2023-05-04 20:55:20"},{"ID":"24166","post_content":"","post_title":"Interpretation Note 129 (IN129) - Understatement penalty: Meaning of \u201cmaximum tax rate applicable to the taxpayer\u201d (Section 222(5) of TAA)","collection_order":100,"collection":1010,"post_modified":"2023-06-02 09:20:01","post_date":"2023-06-02 09:20:01"},{"ID":"24168","post_content":"","post_title":"Interpretation Note 130 (IN130) - Exemption for international aid received or accrued under an official development assistance agreement (Section 10(1)(yA))","collection_order":101,"collection":1010,"post_modified":"2023-07-07 09:28:25","post_date":"2023-07-07 09:28:25"},{"ID":"24892","post_content":"","post_title":"Interpretation Note 131 (IN131) - Exemption of income relating to South African ships used in international shipping (Section 12Q)","collection_order":102,"collection":1010,"post_modified":"2024-06-07 11:12:24","post_date":"2024-06-07 11:12:24"},{"ID":"24904","post_content":"","post_title":"Interpretation Note 132 (IN132) - Persons not eligible to register as a tax practitioner and deregistration of registered tax practitioners for tax non-compliance (section 24O(3)(d))","collection_order":103,"collection":1010,"post_modified":"2024-08-28 09:34:24","post_date":"2024-08-28 09:34:24"},{"ID":"24906","post_content":"","post_title":"Interpretation Note 133 (IN133) - Income tax exemption: Water services provider (Sections 1(1) and 10(1)(t)(ix))","collection_order":104,"collection":1010,"post_modified":"2024-08-28 09:42:01","post_date":"2024-08-28 09:42:01"},{"ID":"25032","post_content":"","post_title":"Interpretation Note 134 (IN134) - Disposal of assets by deceased person, deceased estate, and transfer of assets between spouses (Sections 9HA, 9HB, 25 of ITA)","collection_order":105,"collection":1010,"post_modified":"2024-10-26 20:12:03","post_date":"2024-10-26 20:10:30"},{"ID":"7704","post_content":"","post_title":"Practice Note 2 (PN2) - Determination of taxable income where financial assistance has been granted by a non-resident of the Republic to a resident of the Republic","collection_order":2,"collection":1011,"post_modified":"2017-01-14 20:39:02","post_date":"2016-11-20 12:00:29"},{"ID":"7706","post_content":"","post_title":"Practice Note 4 (PN4) - Treatment of gains and losses on foreign exchange transactions","collection_order":3,"collection":1011,"post_modified":"2017-01-14 19:22:44","post_date":"2016-11-20 12:01:28"},{"ID":"7846","post_content":"","post_title":"Practice Note 4(a) (PN4(a)) - Nominee directors: Directors' fees","collection_order":4,"collection":1011,"post_modified":"2017-04-23 13:33:18","post_date":"2017-04-23 13:33:18"},{"ID":"7708","post_content":"","post_title":"Practice Note 5 (PN5) - Tax implications of lending arrangements in respect of marketable securities","collection_order":5,"collection":1011,"post_modified":"2017-01-14 19:38:00","post_date":"2016-11-20 12:02:23"},{"ID":"7710","post_content":"","post_title":"Practice Note 7 (PN7) - Transfer pricing (including adendum)","collection_order":6,"collection":1011,"post_modified":"2017-01-14 20:48:42","post_date":"2016-11-20 12:04:29"},{"ID":"7712","post_content":"","post_title":"Practice Note 22 (PN22) - Deduction of recurrent expenditure incurred by public companies","collection_order":7,"collection":1011,"post_modified":"2017-01-14 19:24:37","post_date":"2016-11-20 12:05:59"},{"ID":"7716","post_content":"","post_title":"Practice Note 31 (PN31) - (Withdrawn) Interest paid on money borrowed","collection_order":8,"collection":1011,"post_modified":"2022-11-23 17:03:42","post_date":"2016-11-20 12:08:13"},{"ID":"7718","post_content":"","post_title":"Practice Note 35 (PN35) - 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