Page 698 - SAIT Compendium 2016 Volume2

BP RULING DATE NAME/SUBJECT SECTION OF INCOME TAX NO ACT
116 10 April 2012 Distribution to be received by a resident bene ciary Sections 10 (1) (k) (ii) (dd), 25B from a trust that is not a resident and the subsequent and 56 (1) (g) (ii)
donation thereof by the bene ciary to another trust that is also not a resident
117 10 April 2012 Obligation to deduct or withhold employee’s tax in Section 8C and para. 11A of the respect of a share option scheme Fourth Schedule to the Act
118 14 May 2012 Withholding of dividends tax Sections 1, de nition of ‘dividend’, 64F, 64E, 64F, 64G,
64H and 64K
119 31 Augustus Transfer of amounts contributed to a foreign pension Sections 1, de nition of ‘gross 2012 fund to a South African retirement annuity fund income’, 9 (1) (g), 10 (1) (gC), 11 (k) and (n), and paras. 2 (1)
(a) and 5 of the Second Schedule
120 12 September The interaction between ss. 45 and 24J in the transfer of Sections 45 and 24J 2012 interest-bearing receivables under the corporate rules
121 14 September Secondary tax on companies or dividends tax Sections 64B (1), de nition of 2012 ‘declared’, and 64E (1) read with
s. 64D
122 11 October Transfer of a business of a company as a going concern 2012 to its holding company as a result of an amalgamation
or merger transaction
Sections 11 (a), 23 (g), 45, 47 and 64FA (1) (b), para. 38 of the Eighth Schedule to the Act, and s. 2 of the STT Act
123 11 October Fibre optic cable to be used for electronic Section 12D, de nition of 2012 communications ‘affected asset’
124 22 October Repayment of shareholders’ loans from proceeds of a Sections 1 (1), de nition of 2012 new issue of redeemable preference shares ‘contributed tax capital’ and 20 (1)(a) (ii), and paras. 12 (5) and
20 (1) (a) of the Eighth Schedule
125 25 October Vesting by discretionary trust of dividend rights to the Sections 10 (1) (t) (vii), 64D, 2012 bene ciary of the trust de nition of ‘bene cial owner’,
64F (g) and 64G (2) (a) and paras. 63 and 80 (1) of the Eighth Schedule
126 08 November Disposal of a business and investment shares, as a result 2012 of restructuring, and the distribution of certain shares to
shareholders
Sections 42 and 46 of the Act, s. 8 (25) of the VAT Act, s. 8 (1) (a) of the STT Act
127 21 November 2012
Relief from double taxation of foreign income
Sections 1 (1), de nition of ‘gross income’, 5, 10, 24J and 108 and para. 5 of Article XII
of the convention between the government of the Union of South Africa and the government of the Federation of Rhodesia and Nyasaland (which is now of application to Zambia) for the avoidance of double taxation and the prevention of scal evasion with respect to taxes on income (South Africa/Zambia DTA)
128 10 December 2012
Disposal of equity shares in a foreign company
Sections 1 (1), de nition of ‘ nancial instrument’ and 41 (1), de notion of ‘associated group companies’ and ‘foreign nancial instrument holding company’
129 10 December Bene cial owner of dividends Sections 64D, de nition of 2012 ‘bene cial owner’, and 64F (a)
130 13 December Sale of mining rights and the respective base cost of Section 1 (1), de nition of ‘gross 2012 each mining right income’, and paras. 1, 3, 4, 11, 20, 33, 35 and 38 of the Eighth
Schedule
131 11 January 2013 Vesting date of a restricted equity instrument Section 8C and paras. 2 and 11A of the Fourth Schedule