SARS Binding Class Ruling 058

Date: 6 September 2017

Act: Income Tax Act 58 of 1962

Summary: This ruling determines the income tax consequences for the beneficiaries on the unwinding of an employee share incentive scheme.
This binding class ruling is valid for a period of three years from 10 July 2017.

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SARS Interpretation Note (Issue 2)

Loss of Disposal of Qualifying Depreciable Assets

Date: 29 September 2017

Act: Income Tax Act 58 of 1962

Purpose: Interpretation Note 60 (Issue 2) deals with Sections 11(o), 20B and 24M(1) of the Income Tax Act, and provides guidance, interpretation and application of section 11(o), which grants a deduction for a loss on disposal of a qualifying depreciable asset as a result of alienation, loss or destruction.

Interpretation Note 60 (Issue 2) replaces Interpretation Note 60, which was archived on 29 September 2017.

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SARS Binding Private Ruling 280

Date: 4 October 2017

Act: Income Tax Act 58 of 1962

Summary: This ruling determines the income tax consequences for the debtors and creditors that form part of the same group of companies, following the forgiving of a loan and subsequent liquidation of the debtors.

This binding private ruling is valid for a period of five years from the date of this ruling.

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SARS Binding Private Ruling 279

Date: 14 September 2017

Act: Income Tax Act 58 of 1962

Summary: This ruling determines that the participation exemption from capital gains tax (CGT) is available in relation to the disposal of assets by a controlled foreign company (CFC) since the parties are not connected persons at the time of the proposed transaction, albeit that such a relationship is created by the transaction.

This binding private ruling is valid for a period of five years from the date of this ruling.

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Important Tax Court Decision for All Franchise Operators and Their Accountants / Tax Advisors