Page 696 - SAIT Compendium 2016 Volume2

BP RULING DATE NAME/SUBJECT SECTION OF INCOME TAX NO ACT
067 09 December Foreign business establishment: sharing of employees, Section 9D (10) (a) (i) 2009 equipment and facilities amongst controlled foreign
companies which are part of the same group of companies
068 09 December Classi cation of the extraction of clay from the soil Sections 15, 36 and 37 2009
070 20 January 2010 Capital gains tax implications in respect of the transfer of trust funds held in an offshore trust to newly formed
offshore discretionary trusts
Section 1 de nition of ‘gross income’ and ss. 7 (8), 25D and 54 and paras. 11, 38, 43, 72, 80 and 84 of Eighth Schedule
071 21 January 2010 Improvements effected on leasehold property Section 1 para. (h) of the de nition of ‘gross income’
073 29 January 2010 Extinction of inter-company loans as a result of Sections 8 (4) (m) and 20 (1) (a) voluntary winding-up (ii) and para. 12 (5) of the Eighth
Schedule, and s. 22 (1) of the VAT Act
074 29 January 2010 Date upon which shares vest in a taxpayer and related Section 8C interest expense
075 02 February Lump sum bene t to be paid from a deemed public Section 1, para. (e) of the
2010 sector fund and the application of formula C de nition of ‘gross income’ and
paras. 1, 2, 2A, 2B and 2C of the Second Schedule
076 (Reissued) 03 February Nature of income in the hands of a vested bene ciary Sections 10 (1) (k) (i) and 25B 2010 of a trust
077 12 February Transfer of a compensation award granted to an 2010 incapacitated person to a trust to be administered by
trustees for the bene t of that person
Section 1 de nition of ‘gross income’, s. 55 (1) de nition of ‘donation’ and para. 1 de nition of ‘asset’ and para. 11 of Eighth Schedule
078 15 February Income tax consequences of leasehold improvements for Section 1 de nition of ‘gross 2010 both the lessor and the lessee income’ and s. 11 (g) and (h)
079 12 March 2010 Income tax implications for the land owner and the developer relating to the establishment of a residential
township development in terms of lease agreements
Section 1 para. (h) of the de nition of ‘gross income’ and ss. 11 (a), 22 and 11 (h)
080 12 April 2010 Donation of shares Section 1 de nition of ‘dividend’ and ss. 54, 56 and 64
081 19 May 2010 Determination of the value of taxable bene t of Paragraph 9 (7) of the Seventh residential accommodation Schedule
082 19 May 2010 Permanent establishment and royalties Section 1 de nition of ‘gross income’ and ss. 9 (1) (b), 10 (1)
(h) and 108
083 25 May 2010 Capital gains tax implications on the conversion of a Paragraph 11 (1) of Eighth company through the amendment of its incorporation Schedule
documentation
084 26 May 2010 The ‘group of companies’ concept for the purposes of Section 45 (4) s. 45 (4)
085 27 May 2010 Taxation aspects of income derived by non South Paragraph 2 of Fourth Schedule African residents from employment in South Africa
086 28 May 2010 Application of the relevant legislation where two parties conduct mining operations in terms of an
unincorporated joint venture agreement
Sections 1, 15, 24H, 36, and 37A and paras. 1, 11, 33 and 38 of Eighth Schedule
087 14 June 2010 Capital gains tax consequences arising from Paragraph 80 (1) and (2) of the restructuring activities involving trusts Eighth Schedule
088 01 July 2010 Contributed capital of a foreign limited liability co- Section 1 de nition of ‘equity operative share capital’
089 12 July 2010 Waiver of certain rights connected to shares Section 64B and paras. 11 (1) (b) and 12 (5) (a) of the Eighth
Schedule
090 20 September Royalty income attributable to a foreign business Section 9D (10) (a) (iii) 2010 establishment of a controlled foreign company
091 22 December Securities lending transaction Section 24J 2010