Page 705 - SAIT Compendium 2016 Volume2

BRP RULING DATE NAME/SUBJECT SECTION OF INCOME TAX NO ACT
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’
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
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)
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
100 15 April 2011 Date of accrual of short-term insurance premiums payable in terms of a guarantee policy, suretyship
provided to the master of the High Court and the time of supply of the guarantee policy
Section 1 de nition of ‘gross income’; s. 1 of the VAT Act de nition of ‘invoice’, and s. 9 of the VAT Act
103 20 May 2011 Share incentive scheme Section 1 de nition of ‘gross income’ and ss. 11 (a), 23 (g),
8C, 55 and 58
106 19 September Application of s. 24C to a maintenance trust Section 1 de nition of ‘gross 2011 income’, s. 24C and para. 80 (2)
of the Eighth Schedule
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
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)
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
135 7 February 2013 Improvements effected on land in terms of a long term Sections 1 (1), de nition of lease ‘gross income’ para. (h), 11 (g)
and 11 (h)
147 14 May 2013 Consideration received for the surrender of a right to Sections 1, de nition of ‘gross acquire shares income’ and 8C
150 24 July 2013 Tax treatment relating to a credit linked deposit Sections 1 (1) de nition of ‘gross income’, 11 (a) read with
23 (g), 24C, and 24J