Page 410 - SAIT Compendium 2016 Volume1

Eighth Schedule INCOME TAX ACT 58 OF 1962 Eighth Schedule
65B Disposal by recreational club
(1) A recreational club approved in terms of section 30A may elect that this paragraph applies in respect of the disposal of an asset the whole of which was used mainly for purposes of providing social and recreational facilities and amenities for members of that club, where—
(a) proceeds accrue to that club in respect of that disposal;
(b) those proceeds are equal to or exceed the base cost of that asset;
(c) (i) an amount at least equal to the receipts and accruals from that disposal has been or will be expended to acquire
one or more replacement assets all of which will be used mainly for such purposes;
(ii) the contracts for the acquisition of the replacement asset or assets have all been or will be concluded within
12 months after the date of the disposal of that asset; and
(iii) the replacement asset or assets will all be brought into use within three years of the disposal of that asset: Provided that the Commissioner may extend the period within which the contract must be concluded or asset brought into use by no more than six months if all reasonable steps were taken to conclude those contracts or bring those assets into use; and
(d) that asset is not deemed to have been disposed of and to have been reacquired by that club.
(2) Where a club has elected in terms of subparagraph (1) that this paragraph must apply in respect of the disposal of an asset, any capital gain determined in respect of that disposal must, subject to subparagraphs (3), (4) and (5) be
disregarded when determining that club’s aggregate capital gain or aggregate capital loss.
(3) Where a club acquires more than one replacement asset as contemplated in subparagraph (1), that club must, in
applying subparagraphs (4) and (5), apportion the capital gain derived from the disposal of that asset to each replacement asset in the same ratio as the receipts and accruals from that disposal respectively expended in acquiring each of those replacement assets bear to the total amount of those receipts and accruals expended in acquiring all those replacement assets.
(4) Where a club during any year of assessment disposes of a replacement asset and any portion of the disregarded capital gain which is apportioned to that asset, has not otherwise been treated as a capital gain in terms of this paragraph, that club must treat that portion of disregarded capital gain as a capital gain from the disposal of that replacement asset in that year of assessment.
(5) Where a club fails to conclude a contract or fails to bring any replacement asset into use within the period prescribed in subparagraph (1) (c) (ii) and (iii), that club must—
(a) treat the capital gain contemplated in subparagraph (2) as a capital gain on the date on which the relevant period
ends;
(b) determine interest at the prescribed rate on that capital gain from the date of that disposal to the date contemplated
in item (a); and
(c) treat that interest as a capital gain on the date contemplated in item (a) when determining that club’s aggregate
capital gain or aggregate capital loss.
[Sub-para. (5) amended by s. 66 (1) of Act 8 of 2007.] [Para. 65B inserted by s. 56 of Act 20 of 2006.]
66 Reinvestment in replacement assets
(1) A person may elect that this paragraph applies in respect of the disposal of an asset, where—
(a)
(b) (c)
(d) (e)
that asset quali ed for a deduction or allowance in terms of section 11 (e), 11D (2), 12B, 12C, 12DA, 12E, 14, 14bis
or 37B;
[Item (a) substituted by s. 67 (1) (a) of Act 8 of 2007 and by s. 79 (a) of Act 35 of 2007.]
the proceeds received or accrued from that disposal are equal to or exceed the base cost of that asset;
an amount at least equal to the receipts and accruals from that disposal has been or will be expended to acquire one or more assets (hereinafter referred to as the ‘replacement asset or assets’), all of which will qualify for a capital deduction or allowance in terms of section 11 (e), 11D (2), 12B, 12C, 12DA, 12E or 37B;
[Item (c) substituted by s. 67 (1) (b) of Act 8 of 2007 and by s. 79 (b) of Act 35 of 2007.]
all the replacement assets constitute assets contemplated in section 9 (2) (k);
[Sub-para. (d) substituted by s. 125 (1) of Act 22 of 2012 – date of commencement deemed to have been 1 January
2012; this substitution applies iro disposals made during years of assessment commencing on or after that date.]
the contracts for the acquisition of a replacement asset or assets are or will be concluded within 12 months after the asset contemplated in item (a) is disposed of and are all brought into use within three years after that disposal: Provided that the Commissioner may, on application by the taxpayer, decide to extend the period by which the contracts must be concluded or assets brought into use by no more than six months if all reasonable steps were taken to conclude those contracts or bring those assets into use; and
[Proviso substituted by s. 120 of Taxation Laws Amendment Act, 2015 (‘, on application by the taxpayer, decide to’ inserted) – date of commencement: date of promulgation of Taxation Laws Amendment Act, 2015.]
that asset is not deemed to have been disposed of and to have been reacquired by that person.
(2) Where a person has elected in terms of subparagraph (1) that this paragraph must apply in respect of the disposal of an asset, any capital gain determined in respect of that disposal must, subject to subparagraphs (4), (5), (6) and (7), be
disregarded when determining that person’s aggregate capital gain or aggregate capital loss.
(3) Where a person acquires more than one replacement asset as contemplated in subparagraph (1), that person must, in applying subparagraphs (4), (5) and (6), apportion the capital gain derived from the disposal of that asset to each replacement asset in the same ratio as the receipts and accruals from that disposal respectively expended in acquiring each of those replacement assets bear to the total amount of those receipts and accruals expended in acquiring all those
replacement assets.
402 SAIT CompendIum oF TAx LegISLATIon VoLume 1
(f)