“Beneficial owner” definition of section 1 of TAA

Posted on by admin_kmos

“beneficial owner”-

(a)     of a company, has the meaning assigned to it by section 1 of the Companies Act, 2008 (Act 71 of 2008);

(b)     of a partnership, means a natural person who, directly or indirectly, ultimately owns, or exercises effective control of, the partnership, and includes—

(i)      every partner, including every member of a partnership en commandite, an anonymous partnership or any similar partnership;

(ii)     if 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

(iii)     the natural person who exercises executive control over the partnership; and

(c)     of a trust, has the meaning assigned to it by section 1 of the Trust Property Control Act, 1988 (Act 57 of 1988).

[Definition of “beneficial owner” inserted by section 25 of Act 18 of 2023]

“Creditor” definition of section 23M of ITA

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“creditor” means a person to whom a “debtor” owes a “debt”;

[Definition of “creditor” added by section 26(1)(e) 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]

Section 6C (ITA) – Solar energy tax credit

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6C     Solar energy tax credit

 

(1)     In 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).

 

(2)

 

(a)     The solar energy tax credit applies in respect of the cost actually incurred by the natural person-

 

(i)      for the acquisition of any new and unused solar photovoltaic panels, the generation capacity of each being not less than 275W; and

 

(ii)      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.

 

(b)     The amount of the solar energy tax credit allowed to the natural person referred to in paragraph (a) must-

 

(i)      be 25 per cent of the actual cost of the solar photovoltaic panels described in paragraph (a); and

 

(ii)     in aggregate be limited to an amount not exceeding R15 000.

 

(3)     A solar energy tax credit will be allowed under subsection (1) only if-

 

(a)     the 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);

 

(b)     the installation is connected to the distribution board of such residence; and

 

(c)     an electrical certificate of compliance contemplated in the Electrical Installation Regulations, 2009, is issued in respect of the installation referred to in paragraph (a).

 

(4)     No 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 or 12BA.

[Section 6C inserted by section 2(1) of Act 17 of 2023 effective on 1 March, 2023 and applicable in respect of years of assessment commencing on or after that date]

Section 12BA (ITA) – Enhanced deduction in respect of certain machinery, plant, implements, utensils and articles used in production of renewable energy

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12BA Enhanced deduction in respect of certain machinery, plant, implements, utensils and articles used in production of renewable energy

(1)     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 “instalment credit agreement” in section 1 of the Value-Added Tax Act and which was or is brought into use for the first time by that taxpayer for the purpose of that taxpayer’s 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-

(a)     wind power;

(b)     photovoltaic solar energy;

(c)     concentrated solar energy;

(d)     hydropower; or

(e)     biomass comprising organic wastes, landfill gas or plant material,

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-

(i)      the 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

(ii)     the 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,

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

(2)     The 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.

(3)     For 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’s 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.

(4)     No deduction shall be allowed under this section in respect of-

(a)     any asset the ownership of which is retained by the taxpayer as a seller in terms of an agreement contemplated in paragraph (a) of the definition of “instalment credit agreement” in section 1 of the Value-Added Tax Act; or

(b)     any asset brought into use after 28 February 2025.

[Section 12BA inserted by section 16(1) of Act 17 of 2023 effective on 1 March, 2023 and applicable in respect of assets brought into use on or after that date]