- Income Tax Act, 1962 (Act No. 58 of 1962)
- Notice No. 827 of 1962
- Act
- Preliminary
- 1. Interpretation
- Chapter I : Administration
- Chapter II : The Taxes
- Part I : Normal Tax
- 5. Levy of normal tax and rates thereof
- 6. Normal tax rebates
- 6A. Medical scheme fees tax credit
- 6B. Additional medical expenses tax credit
- 6C. Solar energy tax credit
- 6bis. [Repealed]
- 6ter. [Repealed]
- 6quat. Rebate or deduction in respect of foreign taxes on income.
- 6quin. Rebate in respect of foreign taxes on income from source within Republic
- 6sex. [Repealed] Rebate in respect of dividends tax on income of foreign companies
- 7. When income is deemed to have accrued or to have been received
- 7A. Date of receipt or accrual of antedated salaries or pensions and of certain retirement gratuities
- 7B. Timing of accrual and incurral of variable remuneration
- 7C. Loan, advance or credit granted to trust by connected person
- 7D. Calculation of amount of interest
- 7E. Time of accrual of interest payable by SARS
- 7F. Deduction of interest repaid to SARS
- 8. Certain amounts to be included in income or taxable income
- 8A. Gains made by directors of companies or by employees in respect of rights to acquire marketable securities
- 8B. Taxation of amounts derived from broad-based employee share plan
- 8C. Taxation of directors and employees on vesting of equity instruments
- 8D. [Repealed]
- 8E. Dividends derived from certain shares and equity instruments deemed to be income in relation to recipients
- 8EA. Dividends on third-party backed shares deemed to be income in relation to recipients thereof
- 8F. Interest on hybrid debt instruments deemed to be dividends in specie
- 8FA. Hybrid interest deemed to be dividends in specie
- 8G. Determination of contributed tax capital in respect of shares issued to a group company
- 9. Source of income
- 9A. Blocked foreign funds
- 9B. [Repealed] Circumstances in which certain amounts received or accrued in relation to disposal of listed shares are deemed to be of capital nature
- 9C. Circumstances in which certain amounts received or accrued from disposal of shares are deemed to be of a capital nature
- 9D. Net income of controlled foreign companies
- 9E. [Repealed] Taxation of passive holding companies
- 9F. [Repealed] Income from foreign sources
- 9G. [Repealed] Taxable income in respect of foreign equity instruments
- 9H. Change of residence, ceasing to be controlled foreign company or becoming headquarter company
- 9HA. Disposal by deceased person
- 9HB. Transfer of asset between spouses
- 9I. Headquarter companies
- 9J. Interest of non-resident persons in immovable property
- 9K. Listing of security on exchange outside Republic
- 10. Exemptions
- 10A. Exemption of capital element of purchased annuities
- 10B. Exemption of foreign dividends and dividends paid or declared by headquarter companies
- 10C. Exemption of non-deductible element of qualifying annuities
- 11. General deductions allowed in determination of taxable income
- 11A. Deductions in respect of expenditure and losses incurred prior to commencement of trade
- 11B. [Repealed] Deductions in respect of research and development
- 11C. [Repealed] Deduction in respect of foreign dividends
- 11D. Deductions in respect of scientific or technological research and development
- 11E. Deduction of certain expenditure incurred by sporting bodies
- 11F. Deduction in respect of contributions to retirement funds
- 11G. Deduction of expenses incurred in production of interest
- 11bis. [Repealed]
- 11ter. [Repealed]
- 11quat. [Repealed]
- 11quin. [Repealed]
- 11sex. Deduction of compensation for railway operating losses
- 11sept. [Repealed]
- 11oct. [Repealed]
- 12. [Repealed]
- 12A. [Repealed]
- 12B. Deduction in respect of certain machinery, plant, implements, utensils and articles used in farming or production of renewable energy
- 12BA. Enhanced deduction in respect of certain machinery, plant, implements, utensils and articles used in production of renewable energy
- 12C. Deduction in respect of assets used by manufacturers or hotel keepers and in respect of aircraft and ships, and in respect of assets used for storage and packing of agricultural products
- 12D. Deduction in respect of certain pipelines, transmission lines and railway lines
- 12DA. Deduction in respect of rolling stock
- 12E. Deduction in respect of certain plant and machinery of small business corporations
- 12F. Deduction in respect of airport and port assets
- 12G. [Repealed] Additional Industrial investment allowance in respect of industrial assets used for qualifying strategic industrial projects
- 12H. Additional deductions in respect of learnership agreements
- 12I. Additional investment and training allowances in respect of industrial policy projects
- 12J. Deductions in respect of expenditure incurred in exchange for issue of venture capital company shares
- 12K. [Repealed]
- 12L. Deduction in respect of energy efficiency savings
- 12M. Deduction of medical lump sum payments
- 12N. Deductions in respect of improvements not owned by taxpayer
- 12NA. Deductions in respect of improvements on property in respect of which government holds a right of use or occupation
- 12O. Exemption in respect of films
- 12P. Exemption of amounts received or accrued in respect of government grants
- 12Q. Exemption of income in respect of ships used in international shipping
- 12R. Special economic zones
- 12S. Deduction in respect of buildings in special economic zones
- 12T. Exemption of amounts received or accrued in respect of tax free investments
- 12U. Additional deduction in respect of roads and fences in respect of production of renewal energy
- 13. Deductions in respect of buildings used in a process of manufacture
- 13bis. Deductions in respect of buildings used by hotelkeepers
- 13ter. Deductions in respect of residential buildings
- 13quat. Deductions in respect of erection or improvement of buildings in urban development zones
- 13quin. Deduction in respect of commercial buildings
- 13sex. Deduction in respect of certain residential units
- 13sept. Deduction in respect of sale of low-cost residential units on loan account
- 14. [Repealed] Deductions in respect of ships
- 14bis. [Repealed] Deductions in respect of aircraft
- 15. Deductions from income derived from mining operations
- 15A. Amounts to be taken into account in respect of trading stock derived from mining operations
- 16. [Repealed]
- 16A. [Repealed]
- 17. [Repealed]
- 17A. Expenditure incurred by a lessor of land let for farming purposes, in respect of soil erosion works
- 18. [Repealed] Deduction in respect of medical and dental expenses
- 18A. Deduction of donations to certain organisations
- 18B. [Repealed]
- 19. Concession or compromise in respect of a debt
- 20. Set-off of assessed losses
- 20A. Ring-fencing of assessed losses of certain trades
- 20B. Limitation of losses from disposal of certain assets
- 20C. Ring-fencing of interest incurred by headquarter companies
- 21. Deduction of alimony, allowance or maintenance
- 21bis. [Repealed]
- 21ter. [Repealed]
- 21quat. [Repealed]
- 22. Amounts to be taken into account in respect of values of trading stocks
- 22A. Schemes of arrangement involving trading stock
- 22B. Dividends treated as income on disposal of certain shares
- 23. Deductions not allowed in determination of taxable income
- 23A. Limitation of allowances granted to lessors of certain assets
- 23B. Prohibition of double deductions
- 23C. Reduction of cost or market value of certain assets
- 23D. Limitation of allowances granted in respect of certain assets
- 23E. [Repealed] Provisions relating to leave pay
- 23F. Acquisition or disposal of trading stock
- 23G. Sale and leaseback arrangements
- 23H. Limitation of certain deductions
- 23I. Prohibition of deductions in respect of certain intellectual property
- 23J. [Repealed] Limitation of allowances granted in respect of assets previously held by connected persons
- 23K. Limitation of deductions in respect of reorganisation and acquisition transactions
- 23L. Limitation of deductions in respect of certain short-term insurance policies
- 23M. Limitation of interest deductions in respect of debts owed to persons not subject to tax
- 23N. Limitation of interest deductions in respect of reorganisation and acquisition transactions
- 23O. Limitation of deductions by small, medium or micro-sized enterprises in respect of amounts received or accrued from small business funding entities
- 24. Credit agreements and debtors allowance
- 24A. Transactions whereby fixed property, etc. are exchanged for shares
- 24B. [Repealed] Transactions where shares are acquired by way of issue in exchange for shares issued
- 24BA. Transactions where assets are acquired as consideration for shares issued
- 24C. Allowance in respect of future expenditure on contracts
- 24D. Deduction of certain expenditure incurred in respect of any National Key Point or specified important place or area
- 24E. Allowance in respect of future expenditure by sporting bodies
- 24F. [Repealed] Allowance in respect of films
- 24G. Taxable income of toll road operators
- 24H. Persons carrying on trade or business in partnership
- 24I. Gains or losses on foreign exchange transactions
- 24J. Incurral and accrual of interest
- 24JA. Sharia compliant financing arrangements
- 24JB. Taxation in respect of financial assets and liabilities of certain persons
- 24K. Incurral and accrual of amounts in respect of interest rate agreements
- 24L. Incurral and accrual of amounts in respect of option contracts
- 24M. Incurral and accrual of amounts in respect of assets acquired or disposed of for unquantified amount
- 24N. Incurral and accrual of amounts in respect of disposal or acquisition of equity shares
- 24O. Incurral of interest in respect of certain debts deemed to be in the production of income
- 24P. Allowance in respect of future repairs to certain ships
- 25. Taxation of deceased estates
- 25A. Determination of taxable incomes of permanently separated spouses
- 25B. Taxation of trusts and beneficiaries of trusts
- 25BA. Amounts received by or accrued to certain portfolios
- 25BB. Taxation of REITs
- 25C. Income of insolvent estates
- 25D. Determination of taxable income in foreign currency
- 25E. Determination of contributed tax capital in foreign currency
- 26. Determination of taxable income derived from farming
- 26A. Inclusion of taxable capital gain in taxable income
- 26B. Taxation of oil and gas companies
- 27. Determination of taxable income of co-operative societies and companies
- 28. Taxation of short-term insurance business
- 28bis. [Repealed] Assessments on transfer of business undertaking by foreign company to South African subsidiary
- 29. [Repealed] Taxable income of companies carrying on long-term insurance business
- 29A. Taxation of long-term insurers
- 29B. Mark-to-market taxation in respect of long-term insurers
- 30. Public benefit organisations
- 30A. Recreational clubs
- 30B. Associations
- 30C. Small business funding entities
- 31. Tax payable in respect of international transactions to be based on arm’s length principle
- 31A. [Repealed] Disposals of assets by non-resident persons
- 32. [Repealed] Assessment in the case of submarine cable
- 33. Assessment of owners or charterers of ships or aircraft who are not residents of the Republic
- 34. [Repealed]
- 35. [Repealed] Assessment of persons not ordinarily resident or registered, managed or controlled in the Republic who derive income from royalties or similar payments
- 35A. Withholding of amounts from payments to non-resident sellers of immovable property
- 36. Calculation of redemption allowance and unredeemed balance of capital expenditure in connection with mining operations
- 37. Calculation of capital expenditure on sale, transfer, lease or cession mining property
- 37A. Closure rehabilitation company or trust
- 37B. Deductions in respect of environmental expenditure
- 37C. Deductions in respect of environmental conservation and maintenance
- 37D. Allowance in respect of land conservation in respect of nature reserves or national parks
- 37E. [Repealed] Application of certain provisions where taxpayer carries on value-added process
- 37F. Determination of taxable income derived by persons previously assessable under certain other laws
- 37G. Determination of taxable income derived from small business undertakings
- 37H. [Repealed] Tax holiday scheme for certain companies
- [Deleted] Part IA : Withholding tax on interest
- Part II : Special Provisions Relation to Companies
- Part III : Special rules relating to asset-for-share transactions, substitutive share-for-share transactions, amalgamation transactions, intra-group transactions, unbundling transactions and liquidation distributions
- Part IIIA : Taxation of Foreign Entertainers and Sportspersons
- Part IV : Turnover tax payable by micro business
- Part IVA : Withholding tax on royalties
- Part IVB : Withholding tax on interest
- Part IVC : [Repealed] Withholding tax on service fees
- Part V : Donations Tax
- Part VI : [Repealed]
- Part VII : Secondary Tax on Companies
- Part VIII : Dividends Tax
- Part IX : Value Extraction Tax
- Chapter III : General Provisions
- Schedules
- Regulations
- Notices
- Agreements
- Proclamations
- Rates of Normal Tax
- Rules
- Practice Notes
- Department of Finance
- 1: Deemed Dividend: Section 8B of the Income Tax Act, 1962
- 2: Transactions in Credit Instruments which are Issued at a Discount
- 3: Valuation of Trading Stock with Special Reference to the Treatment of Overhead Excess and LIFO Reserves
- 4: Nominee Directors: Directors Fees
- 5: Section 105A of the Income Tax Act and Section 44A of the Sales Tax Act
- 6: Trading Stock: Consumable Stores, Spare Parts, Etc
- 7: Moratorium: Exemption from Stamp Duty or Transfer Duty Relating to the Transfer of Marketable Securities or Property or of Rights or Obligations Under Bonds Under a Scheme for the Rationalization of a Group of Companies and the Assessment of Companies in any such Group for Income Tax Purposes in Certain Circumstances
- 8: Deduction in Respect of Finance Charges in terms of Section 11(bB) of the Income Tax Act, 1962 (The Act)
- 9: Determination of Tax Attributable to... Taxable Income
- 10: Short-term Insurance Business: Contingency Reserve
- 11: Advances Paid or Payable to Directors of Companies (including Members of Close Corporations)
- 12: Allowance Granted in terms of Section 24 of the Income Tax Act
- 13: Allowance Granted in terms of Section 24 of the Income Tax Act (No. 58 of 1962, as amended)
- 14: Employees Tax Deductions in Respect of Amounts Payable to Directors of Companies (Including Members of Close Corporations)
- 15: Deduction in respect of Wear and Tear or Depreciation in terms of Section 11(e) of the Income Tax Act: Leased Machinery, Plant, Implements, Utensils and Articles (Including Vehicles and Equipment)
- 16: Deduction in terms of Section 12C of the Income Tax Act (The Act) in Respect of Certain Foundations or Supporting Structures
- 17: Taxation Implications of Bursaries and Scholarships (applies from commencement of years of assessment ended or ending on or after 1 January 1992 unless otherwise indicated)
- 18: Circumstances in which certain amounts received or accrued in relation to the disposal of listed shares are deemed to be of a capital nature: Section 9B of the Income Tax Act, 1962 (The Act)
- 19: Deduction in respect of Wear and Tear or depreciation in terms of Section 11(e) of the Income Tax Act: Machinery, Plant, Implements, Utensils and Articles (including Vehicles and Equipment) (excluding Leased Items as contemplated in Practice Note No. 15 dated 16 March 1992)
- 20: Transactions, Operations or Schemes for Purposes of Avoiding or Postponing Liability for or Reducing Amounts of Taxes on Income: Section 103 of the Income Tax Act, 1962 (the Act)
- 21: Registration of Inter Vivos Trusts
- 22: Deduction of Recurrent Expenditure Incurred by Public Companies
- 23: Taxation of Trusts and Trust Beneficiaries in terms of Section 25B of the Income Tax Act, 1962
- 24: Private Use of Motor Vehicle
- 25: Excessive Remuneration and Other Charges
- 26: Provision for Ship Repairs in terms of Section 14(1)(C) of the Income Tax Act
- 27: Game Farming
- 28: Secondary Tax on Companies: Section 64C of the Income Tax Act: Certain Amounts Distributed Deemed to be Dividends: Employer Contributions to Employees' Pension, Provident and Medical Funds
- 29: Salaries Paid to Members of Incorporated Accounting Practices
- 30: Farming Operations: Equalised Rates of Tax
- 31: Interest Paid on Moneys Borrowed
- 32: Valuation Of Stock: Nurserymen
- 33: Section 99 of the Income Tax Act: Attorneys
- 34: Sale of Immovable Property by the Executor of a Deceased Estate
- 35: Estate Duty: Bequest of Trust Income to Surviving Spouse: Trustee's Discretion: Deduction under Section 4(q) of the Estate Duty Act, 1955 (The Act)
- 36: Valuation of Trading Stock
- 37: Deduction of Fees Paid to Accountants, Bookkeepers and Tax Consultants for the Completion of Income Tax Returns
- 38: Exemption of Stamp Duty or Transfer Duty Relating to the Transfer of Marketable Securities or Property or of Rights or Obligations under Bonds in terms of a Scheme for the Rationalisation of a Group of Companies and the Assessment of Such Group of Companies for Income Tax Purposes in Certain Circumstances
- 39: Deduction in respect of Wear and Tear or Depreciation in terms of Section 11(e) of the Income Tax Act: Machinery, Plant, Implements, Utensils and Articles (Including Vehicles and Equipment) (Excluding Leased Items as Contemplated in Practice Note No. 15 Dated 16 March 1992)
- 40: Lump Sum Benefits Derived from a Pension or Provident Fund on Retirement
- 41: Stamp duty: Exemption from Stamp duty in terms of Item 15(3)(nA) of Schedule 1 to the Stamp Duties Act, 1968 (the Act), in respect of the Registration of Transfer of Marketable Securities resulting from Arbitrage Transactions
- 42: Processes of Manufacture, Processes similar to a Process of Manufacture and Processes not regarded as Processes of Manufacture or Processes similar to a Process of Manufacture
- 43: Treatment of Certain types of Policy Loans
- 44: Doubtful Debts: Exporters: Credit not Covered by Insurance
- South African Revenue Service
- Withdrawal of Practice Notes