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IN 19 (3) Income Tax acT: InTeRPReTaTIon noTes IN 20 (6) Section 66(13A) and (13B)
(13A) Where—
(a) 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’s 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;
(b) 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;
(c) 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’s income for the year of assessment.
(13B) For the purposes of subsections (13A) and (13C), the word ‘income’ must be construed as including any aggregate capital gain or aggregate capital loss.
De nition of the term ‘effective date’ in section 89quat (1)
Paragraph 21 of the Fourth Schedule
‘effective date’, in relation to any year of assessment of a provisional taxpayer, means—
(a) where 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 section 66 (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
(b) in any other case, the date falling six months after the last day of such year as applicable for the purposes of the
provisions of paragraph 21 or 23 of the Fourth Schedule;
21. (1) 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—
(a) 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) for normal tax in respect of that year, less the total amount of—
(i) any employees’ tax deducted by the taxpayer’s employer from the taxpayer’s remuneration during such period; and
(ii) any tax proved to be payable to the government of any other country which will qualify as a rebate under section 6quat; and
(b) 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 nally determined in accordance with paragraph 17) for normal tax in respect of that year, less the total amount of—
(i) any employee’s tax deducted by the taxpayer’s employer from the taxpayer’s remuneration during such year and the amount paid in terms of item (a); and
(ii) any tax proved to be payable to the government of any other country which will qualify as a rebate under section 6quat.
(2) If the Commissioner has in terms of section 66 (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 subparagraph (1) shall, notwithstanding the provisions of that subparagraph, 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 rst anniversary of the said date.
(3) ......
Interpretation Note: No. 20 (Issue 6)
Additional Deduction for Learnership Agreements
Date: Act: Section: Subject:
Preamble
1. Purpose
2. Background 3. The law
27 November 2015
Income Tax Act 58 of 1962
Section 12H
Additional Deduction for Learnership Agreements
CONTENTS
348
saIT comPendIum oF Tax LegIsLaTIon VoLume 2