Page 131 - SAIT Compendium 2016 Volume1

s 11D INCOME TAX ACT 58 OF 1962 s 11sept
terms of economic growth, employment and other broader government objectives and the aggregate expenditure in respect of such activities without disclosing the identity of any person.
[Sub-s. (17) substituted by s. 3 (1) (a) of Act 9 of 2007 and by s. 1 [(1)] of Act 25 of 2011 – commencement date:
1 October 2012. See also footnote at sub-s. (18).]
(18) Every employee of the Department of Science and Technology, every member of the committee appointed in terms of subsection (11) and any person whose assistance has been obtained by that committee—
(a) must preserve and aid in preserving secrecy with regard to all matters that may come to their knowledge in the performance of their functions in terms of this section; and
(b) may not communicate any such matter to any person whatsoever other than to the taxpayer concerned or its legal representative, nor allow any such person to have access to any records in the possession or custody of the Department of Science and Technology or committee, except in terms of the law or an order of court.
[Para. (b) substituted by s. 29 (1) (s) of Act 31 of 2013 – date of commencement: 1 January 2014; the substituted paragraph applies in respect of expenditure incurred in respect of research and development on or after that date, but before 1 October 2022.]
[Sub-s. (18) added by s. 3 (1) (b) of Act 9 of 2007 and substituted by s. 1 [(1)] of Act 25 of 2011 – commencement date: 1 October 2012*.]
(19) The Commissioner may, notwithstanding the provisions of sections 99 and 100 of the Tax Admini- stration Act, raise an additional assessment for any year of assessment with respect to a deduction in respect of research and development which has been allowed, where approval has been withdrawn in terms of subsection (10).
[Sub-s. (19) added by s. 271 of Act 28 of 2011 – date of commencement: 1 October 2012; and substituted by s. 5 (1) of Act 21 of 2012 – date of commencement:
1 October 2012 (retrospectively). This subsection applies in respect of expenditure incurred in respect of research and development on or after that date but before
1 October 2022.]
[S. 11D inserted by s. 13 (1) of Act 20 of 2006.]
11E Deduction of certain expenditure incurred by sporting bodies
For the purpose of determining the taxable income derived by—
(a) any non-pro t company as de ned in the Companies
Act; or
[Para. (a) substituted by s. 30 (1) of Act 31 of 2013 – date of commencement deemed to have been 1 May 2011.]
(b) an association of persons that has been incorporated, formed or established in the Republic,
from carrying on any sporting activities falling under a code of sport administered and controlled by a national federation as contemplated in section 1 of the National Sport and Recreation Act, 1998 (Act 110 of 1998), there shall be allowed as a deduction from the income of that company or association—
i(i) expenditure, not of a capital nature, incurred by that company or association on the development and promotion, directly by that company or association; or
(ii) any payment made to any other company or association contemplated in this section for expenditure to be incurred on the development and promotion,
of sporting activities contemplated in paragraph 9 of Part I of the Ninth Schedule falling under that code of sport.
[S. 11E inserted by s. 20 of Act 35 of 2007, amended by s.
17 (1) of Act 17 of 2009 and substituted by s. 21 (1) of Act 7 of 2010.]
11bis . . .
[S. 11bis inserted by s. 10 (1) of Act 90 of 1962 and
repealed by s. 20 of Act 74 of 2002.]
11ter . . .
[S. 11ter inserted by s. 10 of Act 90 of 1964, substituted by s. 12 of Act 88 of 1965 and by s. 14 of Act 55 of 1966 and repealed by s. 12 of Act 141 of 1992.]
11quat . . .
[S. 11quat inserted by s. 10 of Act 90 of 1964, substituted by s. 12 of Act 88 of 1965 and repealed by s. 13 of Act 141 of 1992.]
11quin . . .
[S. 11quin inserted by s. 10 of Act 90 of 1964, substituted by s. 12 of Act 88 of 1965, amended by s. 11 of Act 113 of 1977 and repealed by s. 14 of Act 141 of 1992.]
11sex Deduction of compensation for railway operating losses
For the purpose of determining the taxable income derived by any taxpayer from carrying on any trade within the Republic, there shall be allowed as a deduction from the income of the taxpayer so derived the amount of any compensation due to Transnet Limited and paid by the taxpayer (whether directly or through any trade association of which the taxpayer is a member) in respect of any loss incurred by Transnet Limited in operating any railway line, if—
(a) such railway line was constructed under or in pursuance of a written agreement with Transnet Limited in terms of which Transnet Limited undertook to operate the railway line;
[Para. (a) substituted by s. 11 (1) of Act 65 of 1973 and by s. 31 of Act 30 of 1998.]
(b) the compensation so paid was paid in order to discharge an obligation under the said agreement to pay such compensation; and
(c) the taxpayer’s liability to pay such compensation was incurred in connection with his trade.
[S. 11sex inserted by s. 10 of Act 90 of 1972 and amended by s. 31 of Act 30 of 1998.]
11sept . . .
[S. 11sept inserted by s. 14 (1) of Act 85 of 1974, amended by s. 11 (1) of Act 103 of 1976 and by s. 12 (1) of Act 113 of 1977, substituted by s. 9 (1) of Act 104 of 1979, amended by s. 11 (1) of Act 96 of 1981, by s. 9 (1) of Act 91 of 1982, by s. 13 (1) of Act 121 of 1984, by s. 8
* The substitution of sub-ss. (11) to (18) by s. 1 [(1)] of Act 25 of 2011 came into operation on 1 October 2012 and applies in respect of research and development on or after 1 October 2012 but on or before 1 October 2022 (date of commencement substituted by s. 35 (1) of Act 21 of 2012).
SAIT CompendIum oF TAx LegISLATIon VoLume 1 123
INCOME TAX ACT – SECTIONS