Page 109 - SAIT Compendium 2016 Volume1

s 10 INCOME TAX ACT 58 OF 1962 s 10
of Act 140 of 1993, substituted by s. 18 (1) (h) of Act 53 of 1999 and by s. 13 (1) (p) of Act 59 of 2000 and amended by s. 18 (1) (e) of Act 74 of 2002 and by s. 16 (g) of Act 35 of 2007.]
(p) any amount received by or accrued to any person who is not a resident, for services rendered or work or labour done by him outside the Republic for or on behalf of any employer in the national or provincial sphere of government or any municipality in the Republic or any national or provincial public entity if not less than 80 per cent of the expenditure of such entity is defrayed directly or indirectly from funds voted by Parliament, if such amount is chargeable with income tax in the country in which he is ordinarily resident and the income tax so chargeable is borne by himself and is not paid on his behalf by the Government, the municipality concerned or such public entity;
[Para. (p) amended by s. 7 (b) of Act 72 of 1963 and substituted by s. 13 (1) (q) of Act 59 of 2000 and s. 10 (1) (n) of Act 20 of 2006.]
(q) any bona de scholarship or bursary granted to enable or assist any person to study at a recognised educational or research institution: Provided that if any such scholarship or bursary has been so granted by an employer or an associated institution (as respectively de ned in paragraph 1 of the Seventh Schedule) to an employee (as de ned in the said paragraph) or to a relative of such employee, the exemption under this paragraph shall not apply—
(i) in the case of a scholarship or bursary granted to so enable or assist any such employee, unless the employee agrees to reimburse the employer for any scholarship or bursary granted to that employee if that employee fails to complete his or her studies for reasons other than death, ill- health or injury;
(ii) in the case of a scholarship or bursary granted to enable or assist any such relative of an employee so to study—
(aa) if the remuneration proxy derived by the
employee in relation to a year of assessment
exceeded R250 000; and
[Sub-para. (aa) amended by s. 2 (2) (b) of Act 8 of 2007 and by s. 1 (2) (c) of Act 3 of 2008 and substituted by s. 23 (1) (t) of Act 31 of 2013 – date of commencement deemed to have been 1 March 2013; the substitution applies in respect of years of assessment commencing on or after that date.]
(bb) to so much of any scholarship or bursary contemplated in this subparagraph as in the case of any such relative, during the year of assessment, exceeds—
(A) R10 000 in respect of—
(AA) grade R to grade twelve as
contemplated in the de nition of ‘school’ in section 1 of the South African Schools Act, 1996 (Act 84 of 1996); or
(BB) a quali cation to which an NQF level from 1 up to and including 4 has been allocated in accordance with Chapter 2 of the National Quali cations Framework Act, 2008 (Act 67
of 2008); and
[Item (A) substituted by s. 16 (1) (d) of Taxation Laws Amendment Act, 2015 – date of commencement deemed to have been 1 March 2013; the substitution applies iro years of assessment commencing on or after that date.]
(B) R30 000 in respect of a quali cation to which an NQF level from 5 up to and including 10 has been allocated in accordance with Chapter 2 of the National Quali cations Framework Act, 2008 (Act 67 of 2008);
[Sub-para. (bb) amended by s. 2 (2) (b) of Act 8 of 2007 and by s. 1 (2) (c) of Act 3 of 2008 and substituted by s. 23 (1) (t) of Act 31 of 2013 – date of commencement deemed to have been 1 March 2013; the substitution applies in respect of years of assessment commencing on or after that date.]
[Para. (q) deleted by s. 12 (1) (i) of Act 129 of 1991, inserted by s. 10 (1) (p) of Act 141 of 1992, amended by s. 10 (1) (f) of Act 28 of 1997 and by s. 13 (1) (c) and (d) of Act 30 of 2002 and substituted by s. 10 (1) (o) of Act 20 of 2006.]
(qA) . . .
[Para. (qA) inserted by s. 11 (c) Act 55 of 1966, substituted
by s. 10 (1) (g) of Act 121 of 1984 and deleted by s. 12 (1) (j) of Act 129 of 1991.]
(r) any gratuity (other than a leave gratuity) received by or accrued to any person from public funds upon his retirement from any of ce or employment under the Government, including the Railway Administration and any provincial administration, or from the funds of the Land and Agricultural Bank of South Africa upon his retirement as a member of the board of the said Bank, which the Treasury declares to be free of tax;
[Para. (r) substituted by s. 8 (1) (b) of Act 76 of 1968.]
[NB: In terms of s. 36 (2) of the Legal Succession to the South African Transport Services Act 9 of 1989, the reference in para. (r) to ‘the Railway Administration’ is to be construed as including the Company (Transnet Limited) and the Corporation (the South African Rail Commuter Corporation Limited).]
(s) any amount by which the employees’ tax as de ned in section 1 of the Employment Tax Incentive Act, 2013, payable by an employer as contemplated in section 3 of that Act is reduced in terms of section 2 (2) of that Act or paid in terms of section 10 of that Act;
[Para. (s) deleted by s. 26 (1) (k) of Act 45 of 2003 and inserted by s. 13 of Act 26 of 2013 – date of commencement: 1 January 2014.]
(t) the receipts and accruals—
(i) of the Council for Scienti c and Industrial
Research;
(ii) of the South African Inventions Development
Corporation;
(iii) of the South African National Roads Agency
Limited incorporated in terms of section 3 of the South African National Roads Agency Limited and National Roads Act, 1998 (Act 7 of 1998);
[Sub-para. (iii) deleted by s. 29 (1) (c) of Act 30 of 1998 and inserted by s. 26 (1) (l) of Act 45 of 2003.]
(iv) . . .
[Sub-para. (iv) added by s. 13 (1) (m) of Act 89 of 1969 and deleted by s. 10 (1) (g) of Act 28 of 1997.]
SAIT CompendIum oF TAx LegISLATIon VoLume 1
101
Prelex
Wording of item (A) in force from 1 March 2013 until the retrospective substitution thereof, also wef 1 March 2013
(A) R10 000 in respect of a quali cation to which an NQF level from 1 up to and including 4 has been allocated in accordance with Chapter 2 of the National Quali cations Framework Act, 2008 (Act 67 of 2008); and
INCOME TAX ACT – SECTIONS