“Dividend” definition of section 64D of ITA

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“dividend” means any dividend or foreign dividend as defined in section 1, including any amount contemplated in section 31(3)(i), that is—

(a)       paid by a company that is a resident; or

(b)       paid by a foreign company –

(i)      if the share in respect of which that foreign dividend is paid is a listed share; and

(ii)     to the extent that that foreign dividend does not consist of a distribution of an asset in specie;

[Definition of “dividend” substituted by section 75(1) of Act 24 of 2011 and amended by section 60(a) of Act 23 of 2018 and by section 36(1) of Act 23 of 2020 deemed effective on 17 January, 2019]

Section 64C (ITA) – Certain amounts distributed deemed to be dividends

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64C.    ……….

[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29 of Act 121 of 1984, section 18 of Act 65 of 1986, section 8 of Act 108 of 1986 and section 22 of Act 85 of 1987, repealed by section 33 of Act 90 of 1988, inserted by section 34 of Act 113 of 1993, amended by section 13 of Act 140 of 1993, section 25 of Act 21 of 1994, section 30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section 69 of Act 7 of 2010, section 74 of Act 24 of 2011, section 82 of Act 2 of 2012, section 101 of Act 31 of 2013, repealed by section 68 of Act 43 of 2014 effective on 1 April 2017]

Section 64B (ITA) – Levy and recovery of secondary tax on companies

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64B. ………

[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 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]

Section 64 (ITA) – Rate of donations tax

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64.    Rate of donations tax

 

(1)     The rate of the donations tax chargeable under section 54 in respect of the value of any property disposed of under a donation shall be-

 

(a)

 

(i)      20 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

[Subparagraph (i) substituted by section 35(1) of Act 23 of 2020 deemed effective on 1 March, 2018]

 

(ii)     25 per cent of that value to the extent that that value is not taxed under subparagraph (i); or

[Paragraph (a) substituted by section 5 of Act 21 of 2018 effective on 1 March 2018]

 

(b)     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.

 

(2)     If 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.

[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]