Income Tax Act, 1962 (Act No. 58 of 1962)Chapter III : General ProvisionsPart I : Returns68. Income and capital gain of married persons and minor children |
(1) Any—
| (a) | income received by or accrued to or in favour of any person married in or out of community of property which in terms of section 7(2) is deemed to be income received by or accrued to such person's spouse, or |
| (b) | capital gain which is in terms of paragraph 68 of the Eighth Schedule taken into account in the determination of the aggregate capital gain or aggregate capital loss of such person’s spouse, |
shall be included by such spouse in returns of income required to be rendered by that spouse under this Act.
| (2) | In the event of the death of any person during any year in respect of which such income is chargeable or in which such capital gain is taken into account, the income or capital gain of such person's spouse for the period elapsing between the date of such death and the last day of the year of assessment shall be returned as the separate income of such spouse. |
(3)
| (a) | Every parent shall be required to include in his return— |
| (i) | any income received by or accrued to or in favour of any of that parent’s minor children either directly or indirectly from that parent, or |
| (ii) | any capital gain or capital loss in respect of any transaction entered into directly or indirectly by that parent, which is taken into account in the determination of the aggregate capital gain or aggregate capital loss of any of that parent’s minor children, |
together with such particulars as may be required by the Commissioner.
| (b) | Every parent shall be required to include in that parent’s return any income deemed to be that parent’s income in terms of subsection (3) or (4) of section 7 or any capital gain deemed to be that parent’s capital gain in terms of paragraph 69 of the Eighth Schedule. |