Page 708 - SAIT Compendium 2016 Volume2

BRP RULING DATE NAME/SUBJECT SECTION OF INCOME TAX NO ACT
199 20 July 2015 Exemption from income tax of dividends received by Sections 8C (7) de nition of virtue of restricted equity instruments ‘restricted equity instrument’
and 10 (1) (k) (i)
191 26 March 2015 Re nancing of debt through preference share funding Sections 8E, 8EA, 19 and paragraph 12A of the 8th
Schedule
003 3 September Method for determination of the valuation date value of Section 9D, paras. 1, 26 and 29 2007 nancial instruments listed on a recognised exchange to of Eighth Schedule
be used for capital gains tax purposes
048 16 October Deeming a place of business to be a ‘foreign business Section 9D (1) and (10) (a) (i) 2009 establishment’ as envisaged in s. 9D (1)
110 01 March 2012 Toll manufacturing agreement and the attribution of the Section 9D (9) (b) (ii) (bb) global sales of South African manufactured products to
a foreign business establishment
067 09 December Foreign business establishment: sharing of employees, Section 9D (10) (a) (i) 2009 equipment and facilities amongst controlled foreign
companies which are part of the same group of companies
090 20 September Royalty income attributable to a foreign business Section 9D (10) (a) (iii) 2010 establishment of a controlled foreign company
044 23 September Foreign business establishment exclusion Section 9D (10) (a) (iv) 2009
047 16 October Agency income earned by a controlled foreign company Section 9D (2A) read with (9) 2009 to be excluded from its net income (b) (ii) (cc) and (c)
207 7 October 2015 Merger of two controlled foreign companies Sections 9H(6), 24BA and 44
030 14 May 2009 Distributions made by a collective investment scheme Section 10 (1) (iA) which are reinvested with the scheme
076 (Reissued) 03 February Nature of income in the hands of a vested bene ciary Sections 10 (1) (k) (i) and 25B 2010 of a trust
052 16 October Repatriation of pro ts in the form of foreign dividends Section 10 (1) (k) (ii) (dd) 2009 paid by a foreign subsidiary to a resident company
which was previously exempt from income tax
112 13 March 2012 Interposing a co-operative between a South African Sections 10 (1) (k) (ii) (dd), 24B holding company and its foreign subsidiaries and para. 64B of the Eighth
Schedule to the 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
198 7 July 2015 Distribution of a debit loan account in anticipation of Sections 10 (1) (k), 47, 64D and deregistration of a company 64FA (1) (b)
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
134 23 January 2013 Exemption under s. 10B (2) (a) in relation to a foreign dividend that is deemed to be received by a person who
is a resident
Section 10B (2) (a) of the Income Tax Act; s. 4 of the Amnesty Act
010 6 March 2008 The applicability of the mining tax dispensations Sections 11 (a), 15, 36 and 37A contained in the Act to a speci c contract mining
agreement
018 14 July 2008 Deduction of letting commission paid by a property Sections 11 (a) and 23H investment company to a property management
company
028 8 April 2009 Deduction of recurring expenditure incurred in terms Sections 11 (a), 23 (g) and 24J of hybrid-debt instruments where the proceeds of such (2)
instruments rank as primary share capital for a bank
032 9 June 2009 Payments made to a third party for making available its Section 11 (a) read with ss. 23 manufacturing facility (g) and s. 22
050 16 October Cash grants made by an employer to share-incentive Sections 11 (a) and 23H 2009 scheme trusts and their deductibility for tax purposes