Interpretation Notes Register. All Taxes

Transcription

1 Register All Taxes Publication 2001/11/30 IN 1 Provisional tax estimates Paragraph 19(3) of the Fourth Schedule 2009/03/17 IN 2 Foreign Dividends: Deductibility of Interest Section 11C Issue /02/02 Issue /08/ /02/04 IN 3 Resident: Definition in relation to a natural person ordinarily resident 2006/002/08 IN /01/23 IN 5 Resident: Definition in relation to a natural person ordinarily resident Employees Tax: Directors of private companies (which include persons in close corporations who perform functions similar to directors of companies) Section 1 Section 1 Paragraphs 1, 9(5) and 11C of the Fourth Schedule 2002/03/26 IN 6 Resident: Place of effective management Section 1 (persons other than natural persons) 2002/03/26 IN 7 Restraint of trade payments Sections 1, 11(cA), 23(1) Issue /02/ /03/26 IN 8 Insolvent Estates Section 25C 2009/10/14 IN 9 Small Business Corporations Section 12E Issue /02/19 (Issue 5) 2003/03/24 IN 10 Exemption: Public Benefit Organisations Skills Development Levy Act, 1999 Section 4(c) (Act No. 9 of 1999) 2003/03/25 IN 11 Trading Stock: Assets not used as Trading Stock Sections 1, 22 Issued by Legal and Policy Register All Taxes Page 1 of 8

2 2003/03/27 IN 12 Recoupments: Assets in a deceased state Sections 8(4)(a), 25(1) 2011/03/15 IN /01/08 IN /11/08 IN 15 Deductions: Limitation of deductions for employees and office holders Section 23(m) Issue /03/30 Allowances, advances and reimbursements Section 8(1)(a) and (c) Issue /03/27 Objection: Exercise of a discretion Late objection 2003/03/27 IN 16 Exemption from Income Tax: Foreign employment income 2010/03/31 IN /03/31 IN /01/18 IN /06/10 IN 20 (Issue 4) Section 81(1) and 2, read with section 107A rules Section 10(1)(o)(ii) Issue /06/18 Employees Tax: Independent Contractors The Fourth Schedule Issue /03/28 Issue /11/09 Rebate or Deduction for Foreign Taxes on Income Year of Assessment: Accounts accepted to date other than the last day of February Section 6quat Issue /03/31 Section 1 definition of year of assessment, sections 5, 66(13A), 89quat and paragraph 21 of the Fourth Schedule Additional Deduction for Learnership Allowance Section 12H Issue /03/05 Issue /03/30 Issue /01/ /03/09 IN 21 The applicability of the regional establishment levy to dividends receivable by a holding company Regional Services Act, 1985 Paragraph 1 definitions of financial enterprise, consideration and leviable transaction ; Paragraphs 5, 6, 13(5) (Act No. 109 of 1985) Issued by Legal and Policy Register All Taxes Page 2 of 8

3 2008/12/09 IN 22 Exemption: Public Benefit Organisations and Statutory Bodies 2004/03/11 IN 23 Estimated assessments (foreign funds or assets) Transfer Duty Act, Section 9(1)(c) and (1A) (Act No. 40 of 1949) 1949 Section 78(1A), (1B) and (1C) 2007/08/31 IN 24 Public Benefit Organisations: Trading Rules Partial taxation of trading receipts Section 1, definition of resident 2004/03/30 IN 26 Taxation of CCMA and Labour Court awards to employees and former employees Section 1 definition of gross income, paragraphs (c), (d), (f); Sections 7A(4A) and 10(1)(x) 2005/02/04 IN 27 Personal liability of employers, representatives, employers, shareholders and directors for outstanding employees tax Fourth Schedule 2011/03/15 IN 28 Deductions: Home office expenses incurred by persons in employment or persons holding an office Sections 11(a), 23(b), 23(m) Issue /02/ /03/30 IN 29 Farming operations: Equalised rates of tax Section 5(10); paragraph 19 of the First Schedule 2006/03/15 IN 30 Documentary proof required on consignment or delivery of movable goods to a recipient at an address in an export country Section 1 paragraph (a) of the definition of exported; Sections 11(1)(a)(i) and 11(3) Issue /03/31 Issued by Legal and Policy Register All Taxes Page 3 of 8

4 2003/03/31 IN 31 Documentary proof required for the zero-rating of goods and services 2005/06/27 IN 32 Public Benefit Organisations: Prudent investments 2010/06/30 IN 33 Assessed losses: Companies: the trade and income from trade requirements 2006/01/12 IN 34 Exemption from Income Tax: Remuneration derived by a person as an officer or crew member of a ship 2010/03/31 IN 35 Employees Tax: Personal service providers and labour brokers 2007/01/24 IN 36 Scope and impact of section 76I upon written statements issued by the Commissioner prior to 1 October /01/24 IN 37 Procedures for requesting binding effect in respect of written statements issued by the Commissioner prior to 1 October /01/30 IN 38 Application and cost recovery fees for binding private rulings 2007/12/04 IN 39 VAT treatment of public authorities, grants and transfer payments Section 11(3) Section 30(3)(b)(ii)(cc) Withdrawn with effect from 1 April 2007 refer to section 24(d) of Revenue Laws Amendment Act, 2006 (Act No. 20 of 2006) Section 20(1)(a) Issue /07/04 Section 10(1)(o)(i); Paragraph 1 of Fourth Schedule; definition of remuneration Paragraphs 1, 2(1A) and 2(5) of the Fourth Schedule Section 76I Section 76I(4) and (5) Section 76F Sections 1, 8, 11, 16, 18, 23 and 40A Issue /03/07 Issue /12/11 Issued by Legal and Policy Register All Taxes Page 4 of 8

5 2007/12/04 IN 40 VAT treatment of the supply of goods and/or services to and/or from a customs controlled area of an industrial development zone 2008/03/31 IN 41 Application of VAT to the gambling industry 2007/04/02 IN 42 The supply of goods and/or services by the travel and tourism industry 2010/08/31 IN 43 Circumstances in which amounts received or accrued on disposal of listed shares are deemed to be of a capital nature 2007/08/31 IN 44 Public Benefit Organisations: Capital Gains Tax (CGT) Sections 1, 7, 8, 9, 10, 11, 13 and 19; Item in paragraph 8 of Schedule 1 Sections 1, 8(13) and (13A), 9(3)(e), 16(3)(a),(d) and (e), 17(2)(a) and (c), 72 Sections 1, 7 and 11 Issue /04/02 Section 9B Issue /04/10 Paragraph 63A of the Eighth Schedule 2008/06/30 IN 45 Deduction of security expenditure Sections 11(a) and (e), 23(b) and (g), 24D and 28(8), paragraphs 20 and 53 of the Eighth Schedule Issued by Legal and Policy Register All Taxes Page 5 of 8

6 Sections 10(1)(cN), 11, 11E and 30 (Amended by section 125 of Revenue Laws Amendment Act, 2007 as substituted by section 76(1) of Taxation Laws Amendment Act, 2008 and amended by section 132 of Revenue Laws Amendment Act, 2008) Wear-and-tear or depreciation allowance Section 11(e) 2009/12/07 IN 46 Amalgamation of amateur and professional sporting bodies 2009/11/11 IN /11/11 - Notice of Modification of binding general ruling: IN 47 dated 2009/07/ /07/28 IN 48 Instalment credit agreement and debtor s allowance 2009/07/29 IN 49 Documentary proof required to substantiate a vendor s entitlement to input tax or a deduction as contemplated in section 16(2) 2009/08/28 IN 50 Deduction for scientific or technological research and development Section 76M Section 24 Section 1 definition of the term input tax, read with section 16(1), (2) and (3) Section 11D Issue /07/28 Issue /02/ /11/04 IN 51 Pre-trade expenditure and losses Section 11A Issued by Legal and Policy Register All Taxes Page 6 of 8

7 2009/12/14 IN 52 Tax periods 2010/02/12 IN 53 Limitation of allowances granted to lessors of affected assets 2010/02/26 IN 54 Deductions: Corrupt activities, fines and penalties 2011/03/30 IN 55 Taxation of directors and employees on vesting of equity instruments 2010/03/31 IN 56 Recipient-created tax invoices; credit and debit notes 2010/03/31 IN 57 Sale of an enterprise or part thereof as a going concern 2010/06/30 IN 58 The Brummeria case and the right to use loan capital interest free 2010/12/10 IN 59 Tax implications of the receipt or accrual of government grants and government scrapping payments Section 27 Section 23A Section 23(o) Sections 8C and 10(1)(nD); paragraph 11A of the Fourth Schedule; paragraph 2(a) of the Seventh Schedule Sections 20(2) and 21(4) Sections 8(7) and (16), 11(1)(e) and 18A Section 1, definition of gross income Section 1 definition of gross income ; sections 10 and 23(n) 2011/01/10 IN 60 Loss on disposal of depreciable assets Sections 11(o), 20B and 24M 2011/03/29 IN 61 Remission of interest in terms of section 39(7)(a) Section 39(7)(a) Issue /03/30 Issued by Legal and Policy Register All Taxes Page 7 of 8

8 2011/03/30 IN 62 Broad-based employee share plan Sections 8B, 10(1)(nC) and 11(lA) 2011/09/19 IN 63 Rules for the translation of amounts measured in foreign currencies 2012/02/22 IN 64 Income Tax Exemption: Bodies Corporate established under the Sectional Titles Act, No.95 of 1986, Share Block Companies established under the Share Blocks Control Act, No.59 of 1980 and Associations of persons managing the collective interests common to all members 2012/02/24 IN 65 Trading Stock inclusion in income when applied, distributed or disposed of otherwise Sections 1, 6quat, 9A, 9D(6), 9G and 25D Section 10(1)(e) Replaced Income Tax Practice Note 8 of 2001 Section 22(8) than in the ordinary course of trade 2012/03/01 IN 66 Scholarships or bursaries Section 10(1)(q) and Seventh Schedule Replaced Practice Note 17 of 12 March 1993 Issued by Legal and Policy Register All Taxes Page 8 of 8