Page 704 - SAIT Compendium 2016 Volume2

BRP RULING DATE NAME/SUBJECT SECTION OF INCOME TAX NO ACT
055 22 October Application of the de nition of ‘dividend’ to the Section 1, para. (c) of the 2009 redemption of a participatory interest by a foreign de nition of ‘dividend’
collective investment scheme
080 12 April 2010 Donation of shares Section 1 de nition of ‘dividend’ and ss. 54, 56 and 64
108 01 March 2012 Issue of redeemable preference shares from reserves Section 1, de nition of available for distribution ‘dividend’
118 14 May 2012 Withholding of dividends tax Sections 1, de nition of ‘dividend’, 64F, 64E, 64F, 64G,
64H and 64K
209 21 October Dividends tax: Distribution of dividends to employees Sections 1 (1) de nitions of 2015 through a discretionary trust ‘dividend’, ‘gross income’ and
‘income’, 10 (1) (k) (i) (ii), 64D, 64F (1) (l) and 64G (2) (a)
088 01 July 2010 Contributed capital of a foreign limited liability co- Section 1 de nition of ‘equity operative share capital’
143 2 May 2013 Preference shares constituting equity shares in relation Section 1, de nitions of
to a headquarter company ‘equity share’ and ‘headquarter
company’
128 10 December 2012
Disposal of equity shares in a foreign company
Sections 1 (1), de nition of ‘ nancial instrument’ and 41 (1), de nition of ‘associated group companies’ and ‘foreign nancial instrument holding company’
176 31 July 2014 Financial instruments not issued by a ‘listed company’ Section 1 (1) de nition of as de ned; Application of the words ‘for investment “foreign investment entity”
purposes’
005 3 September Whether dividend income received by a trust retains its Section 1 de nition of ‘gross 2007 nature in the hands of the bene ciaries on distribution income’, s. 10 (1) (k) (i) and 25B
thereof, by the trust, in the same tax year
007 6 March 2008
Service fees received by a non-resident labour broker
Section 1 de nition of ‘gross income’, para. 2 of Fourth Schedule, and articles 5 and 7
of the convention between the government of the Republic
of South Africa, and the government of the United Kingdom of Great Britain
and Northern Ireland for the avoidance of double taxation and the prevention of scal evation with respect to taxes on income and on capital gains (‘SA/UK DTA’)
012 6 March 2008 Determination of gross income of a livestock auctioneer Section 1 de nition of ‘gross and agent income’
022 9 September Taxation aspects of bonuses and penalties payable in 2008 terms of an employees’ bonus incentive and retention
scheme
Sections 1 de nition of ‘gross income’, 11 (a) read with 23 (g), 23H and paras. 1 and 2 of the Fourth Schedule
031 29 May 2009 Sale of shares held in a collective investment scheme: Section 1 de nition of ‘gross whether the proceeds are capital or revenue in nature income’ and para. 61 of Eighth
Schedule
046 1 October 2009 Accrual of an unclaimed retirement fund (lump sum) Section 1 de nition of ‘gross bene t income’ and para. 2 of Fourth
Schedule
060 30 October ‘Short sale’ transactions and securities lending Section 1 de nition of ‘gross 2009 arrangements income’ and s. 11 (a) read with
s. 23 (g)