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Interpretation Notes are intended to provide guidelines to stakeholders (both internal and external) on the interpretation and application of the provisions of the legislation administered by the Commissioner.
These Notes will ultimately replace the existing General Notes and Practice Notes, as well as internal Circular Minutes, to the extent that they relate to the interpretation of the various laws. The Notes will be amended when necessary in line with policy developments and changes in legislation.
| Number | Subject | Applicable Legislation | |
|---|---|---|---|
IN 81 | Supply of goods and services by professional hunters and taxidermists to non-residents Note: | Value-Added Tax Act, 1991 | Sections 7(1)(a), 11(1)(a) and 11(2)(l) |
| IN 82 | Input tax on motor cars Note: | Value-Added Tax Act, 1991 | Sections 1(1), 17(2)(c) and 18 |
IN 83
| Application of sections 20(7) and 21(5) Note: | Value-Added Tax Act, 1991 | Sections 20(4), (5), (7), 21(1) and (5) |
| IN 84 | The value-added treatment of bets | Value-Added Tax Act, 1991 | Sections 8(13), 9(3)(e), 10(17) and 16(3)(d) |
| IN 85 | The Master Currency case and zero-rating of supplies made to non-residents | Value-Added Tax Act, 1991 | Section 11(2)(l) |
| IN 86 (Issue 2) | Additional investment and training allowances for industrial policy projects | Income Tax Act, 1962 | Sections 121 |
| IN 87 (Issue 3) | Headquarter companies | Income Tax Act, 1962 | Sections 1(1) – Definition of “headquarter company” and 9I |
| IN 88 | Tax deduction for amounts refunded | Income Tax Act, 1962 | Section 11(nA) |
| IN 89 | Maintenance orders and the tax-on-tax principle | Income Tax Act, 1962 | Section 7(11) |
| IN 90 (Issue 2) New! | Year of assessment of a company: Accounts accepted to a date other than the last day of a company’s financial year | Income Tax Act, 1962 | Sections 1(1), Definition of “financial year” and “year of assessment”, and 66(13C) |
| IN 91 | Reduction of debt | Income Tax Act, 1962 | Section 19 and paragraph 12A of the Eighth Schedule |
| IN 92 | Documentary proof prescribed by the Commissioner | Value-Added Tax Act, 1991 | Sections 16(2)(f) and 16(3)(c) to (n) |
| IN 93 (Issue 2) | The taxation of foreign dividends | Income Tax Act, 1962 | Sections 1(1) – Definition of “foreign dividend” and 10B |
| IN 94 | Contingent liabilities assumed in the acquisition of a going concern | Income Tax Act, 1962 | Sections 1(1) (Definition of “gross income”) and 11(a), and paragraph 35(1) of the Eighth Schedule |
| IN 95 (Issue 2) | Deduction for energy-efficiency savings | Income Tax Act, 1962 | Section 12L |
| IN 96 | Exemption from income tax: Remuneration derived by a person as an officer or crew member of a South African ship | Income Tax Act, 1962 | Section 10(1)(o)(iA) |
| IN 97 (Issue 2) New! | Taxation of REITs and controlled companies | Income Tax Act, 1962 | Sections 1(1) – Definition of “REIT” and 25BB |
| IN 98 | Public benefit organisations: The provision of funds, assets or other resources to any association of persons | Income Tax Act, 1962 | Sections 30(1), (3)(f) and Public Benefit Activity 10 in Part I of the Ninth Schedule |
| IN 99 (Issue 3) | Unclaimed benefits | Income Tax Act, 1962 | Paragraph 4(1) of the Second Schedule |
| IN 100 | Meaning of “extracted” | Mineral and Petroleum Resources Royalty Act, 2008 | Sections 1 and 6A(1)(b) |
