Income Tax Act, 1962 (Act No. 58 of 1962) > Chapter II : The Taxes > Part I : Normal Tax > 23C. Reduction of cost or market value of certain assets

[Section 23C heading substituted by section 33(1)(a) of the Second Revenue Laws Amendment Act, 2001 (Act No. 60 of 2001)]

(1)	Notwithstanding the Seventh Schedule, where regard is to be had to the cost to the taxpayer or the market value of any asset acquired by him or her or to the amount of any expenditure incurred by him or her, and—

[Words preceding section 23C(1)(a) substituted by section 26 of the Taxation Laws Amendment Act, 2019 (Act No. 34 of 2019), GG 42951, dated 15 January 2020]

(a)	the taxpayer is a vendor as defined in section 1 of the Value-Added Tax Act; and

[Section 23C(1)(a) substituted by section 57(a) of the Taxation Laws Amendment Act, 2013 (Act No. 31 of 2013)]

(b)	the taxpayer is or was in any previous year of assessment entitled under section 16(3) of the last-mentioned Act to a deduction of input tax as defined in section 1 of that Act,

the amount of such input tax shall be excluded from the cost or the market value of such asset or the amount of such expenditure:

[Words following section 23C(1)(b), preceding proviso, substituted by section 33(1)(c) of the Second Revenue Laws Amendment Act, 2001 (Act No 60 of 2001)]

Provided that in the case of any lease as contemplated in paragraph (b) of the definition of "instalment credit agreement" in section 1 of that Act, there shall be excluded by the lessee from each rental payment made by him in respect of such lease, an amount which bears to such input tax the same ratio as such rental payment bears to the sum of all rental payments in connection with such lease.

(2)

Where a taxpayer (being a vendor as defined in section 1 of the Value-Added Tax Act) has in respect of any tax period applicable to the vendor under that Act which has ended during the vendor’s year of assessment, included in input tax deducted by the vendor under section 16(3) of that Act an amount of sales tax, as permitted by section 78 of that Act so to be included—

[Words preceding section 23C(2)(a) substituted by section 57(b) of the Taxation Laws Amendment Act, 2013 (Act No. 31 of 2013)]

(a)

that amount shall, if it was included in capital expenditure taken into account for the purposes of any deduction in respect of any mine under section 15(a) of this Act, be deemed for the purposes of paragraph (j) of the definition of "gross income" in section 1 of this Act to be an amount received by or accrued to the taxpayer during the said year of assessment in respect of a disposal of assets referred to in the said paragraph; or

(b)	that amount (not being an amount accounted for under paragraph (a)), shall for the purposes of section 8(4)(a) of this Act be deemed to be an amount which has been recovered or recouped by the taxpayer during the said year of assessment.