Page 703 - SAIT Compendium 2016 Volume2

BP RULING NO
DATE
NAME/SUBJECT
SECTION OF INCOME TAX ACT
210
11 November 2015
Liquidation distribution followed by an amalgamation transaction
Sections 44 and 47
BINDING PRIVATE RULINGS (by section of IT Act)
BRP RULING DATE NAME/SUBJECT SECTION OF INCOME TAX NO ACT
033 12 June 2009 Applicability of tax dispensations contained in the Act Sections s1, 11 (a), 15, 36 and with regard to a speci c contract mining agreement 37A
034 12 June 2009 Applicability of tax dispensations contained in the Act Sections 1, 11 (a), 15, 36 and with regard to a speci c contract mining arrangement 37A
035 18 June 2009 De nition of group of companies and connected person Section 1
036 24 June 2009 Applicability of tax dispensations contained in the Act Sections 1, 15 and 36 with regard to a speci c contract mining arrangement
049 16 October Nature of proceeds received for the lease of property in Section 1 and para. 2 of Eighth 2009 terms of a 99 year lease Schedule
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
105 21 July 2011 Tax implications for a resident relating to a single Sections 1 and 7 (1) premium whole life insurance policy issued by an off-
shore insurer
061 30 October Application of the de nition of ‘company’ and Section 1 de nition of
2009 ‘controlled foreign company’ with regard to a foreign ‘company’ and ss. 9D and 10.
limited partnership
178 14 August 2014 International corporate restructuring Sections 1 (1) de nition of ‘company’, ‘equity share’,
‘foreign company’, ‘group of companies’ and ‘share’,
42 and 45
189 19 February Acquisition of shares subject to suspensive conditions Sections 1 (1) de nition of 2015 ‘connected person’, 24J and
paragraphs 13 and 20 (1) (a) of the 8th Schedule
149 14 August 2013 Disposal of an asset that constitutes an equity share in a foreign company
(Originally published on 24 July 2013 and replaced on 14 August 2013)
Sections 1 (1), de nition of ‘contributed tax capital’ and 42, de nition of ‘asset-for-share transaction’ and para. 64B of the Eighth Schedule
163 12 March 2014
Interest on replacement loans and proceeds arising from a share repurchase
Sections 1 (1) de nition of ‘contributed tax capital’ and ‘dividend’, 10 (1) (k) (i), 22B, 24J(2) and 64F (1) (a) and Paragraphs 35 and 43A of the Eighth Schedule
163 12 March 2014
Interest on replacement loans and proceeds arising from a share repurchase
Sections 1 (1) de nition of ‘contributed tax capital’ and ‘dividend’, 10 (1) (k) (i), 22B, 24J(2) and 64F (1) (a) and Paragraphs 35 and 43A of the Eighth Schedule
195 26 June 2015
STT exemption where election has been made that section 42 of Income Tax Act will not apply
Sections 1 (1) de nitions of ‘contributed tax capital’ and ‘permanent establishment’, 40CA, 42 and paragraphs 2 (1 )(b) and 20 (1) (a) of the 8th Schedule. Section 8 (1) (a) of the STT Act
205 11 September Meaning of ‘controlled group company’ and ‘equity Sections 1 (1) de nitions of 2015 share’ ‘controlled group company’ and
‘equity share’, 12E (4) (c) and 12J
020 14 July 2008 Impact that the transfer of an amount of share premium Section 1 de nition of ‘dividend’ of a company to another reserve of that company has on and s. 64C
the nature of the share premium