Page 707 - SAIT Compendium 2016 Volume2

BRP RULING DATE NAME/SUBJECT SECTION OF INCOME TAX NO ACT
204 24 August 2015 De nition of ‘disposal’ for purposes of asset-for-share amalgamation transactions; ‘qualifying distribution’
upon conversion to a corporate real estate investment trust
Sections 1 (1) de nition of ‘REIT’, 25BB, 42, 44 and paragraphs 1, 11 (a) and 13 (1) (a) of the 8th Schedule
065 03 December Determination of residency for South African income Section 1 de nition of ‘resident’ 2009 tax purposes in the context of the term ‘ordinarily
resident’
153 30 August 2013 Residency status of a non-resident who applies for a Section 1 (1) de nition of temporary residence permit ‘resident’
181 4 November 2014
Withholding tax on interest in relation to a foreign government
Sections 1 (1) de nition of ‘resident’, 9 (2) (b), 24J (1), de nition of ‘interest’, 50A (1), de nition of ‘foreign person’, 50B and 50E.
Articles 1, 4 and 11 of the convention between the government of the Republic of South Africa and the government of the Kingdom of Denmark for the avoidance of double taxation and the prevention of scal evasion with respect to taxes on income (South Africa/Denmark Treaty)
159 16 January 2014 Asset-for-share and amalgamation transactions Sections 1 (1), de nition of ‘trading stock’, 41 (1), 42 and
44 (1)
185 11 December Corporate rules: Disposal of assets and liabilities as part Sections 7B, 11 (a), 23 (g), 37A 2014 of group restructure and 42
136 13 March 2013 Taxation of subsistence allowances paid to employees Section 8 (1)
062 20 November Settlement of a loan by an off-shore holding company in 2009 favour of its South African subsidiary without requiring
any quid pro quo
Sections 8 (4) (m), 20 (1) (a) (ii), 54 and 64C (2) and para. 3 (b) read with para. 20 (3) (b) and para. 12 (5) of the Eighth Schedule
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
092 14 January 2011 Possible recoupment of rental paid on the subsequent Section 8 (5) (b) acquisition of the leased property by the lessee
107 13 October Recoupment of lease premium and rental amounts 2011 previously allowed as deductions in respect of a leased
property
Section 8 (5) and paras. 20 (1) (a) and 20 (1) (h) (ii) (aa) of the Eighth Schedule
013 6 March 2008 Section 8C and the variation of share options obtained Sections 8A. 8C and para. 11 (1) under a share option scheme of Eighth Schedule
021 14 July 2008 Date upon which restricted equity instruments vest and Section 8C and paras. 2 and 11A the date on which the liability to withhold employees’ of Fourth Schedule
tax arises
040 6 August 2009 Liability to withhold employees’ tax in respect of s. Section 8C and paras. 2 and 11A 8C gains realised by participants in an employee share of Fourth Schedule
option scheme
058 26 October Acquisition of shares as a result of company 2009 restructuring and interest on a loan created in the
restructuring process
Sections 8C, 23 (f) and (g), 24J and 45 and para. 20 (1) (h) (i) of Eighth Schedule and s. 8 (25) of VAT Act
074 29 January 2010 Date upon which shares vest in a taxpayer and related Section 8C interest expense
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
131 11 January 2013 Vesting date of a restricted equity instrument Section 8C and paras. 2 and 11A of the Fourth Schedule
170 30 May 2014 De nition of unrestricted equity instrument Section 8C (7)