Income Tax Act, 1962 (Act No. 58 of 1962)Chapter II : The TaxesPart I : Normal Tax23B. Prohibition of double deductions |
| (1) | Where, but for the provisions of this subsection, an amount— |
| (a) | qualifies or has qualified for a deduction or an allowance; or |
| (b) | is otherwise taken into account in determining the taxable income of any person, |
under more than one provision of this Act, that amount or any portion thereof, shall not be allowed or taken into account more than once in the determination of the taxable income of any person.
[Section 23B(1) substituted by section 18(a) of the Revenue Laws Amendment Act, 2006 (Act No. 20 of 2006)]
| (2) | The provisions of subsection (1) shall not apply to expenditure in respect of which a deduction or an allowance has been determined, if any section under which such deduction allowance is allowed, expressly requires such expenditure to be deductible under any other section as a prerequisite for a deduction under such section. |
| (3) | No deduction shall be allowed under section 11(a) or (b) in respect of any expenditure or loss of a type for which a deduction or allowance may be granted under any other provision of this Act, notwithstanding that— |
| (a) | such other provision may impose any limitation on the amount of such deduction or allowance; or |
| (b) | that deduction or allowance in terms of that other provision may be granted in a different year of assessment. |
[Section 23B(3)(b) substituted by section 18(b) of the Revenue Laws Amendment Act, 2006 (Act No. 20 of 2006)]
| (4) | [Section 23B(4) deleted by section 34(1) of the Taxation Laws Amendment Act, 2014 (Act No. 43 of 2014) - deemed to have come into operation on 1 January 2014] |
| (5) | No deduction shall be allowed under section 11(a) in respect of any expenditure incurred by a person in respect of any premium paid under a policy of insurance, where the policy relates to death, disablement or illness of an employee or director, or former employee or director, of the person that is the policyholder (other than a policy that relates to death, disablement or illness arising solely out of and in the course of employment of the employee or director). |
[Section 23B(5) substituted by section 36(1) of the Taxation Laws Amendment Act, 2017 (Act No. 17 of 2017)]