Kommissaris van Binnelandse Inkomste en 'n Ander v Hogan (663/91, 683/91) [1993] ZASCA 77; [1993] 2 All SA 469 (A) (28 May 1993)

Kommissaris van Binnelandse Inkomste en 'n Ander v Hogan (663/91, 683/91) [1993] ZASCA 77; [1993] 2 All SA 469 (A) (28 May 1993)

The court held that the monthly payments made to Hogan under the certificate possess the essential characteristics of an annuity: they are repetitive, payable from year to year, and the principal sum is not returnable upon cessation. The original delictual debt was extinguished and replaced by a contractual...

Source-derived case information.

Citation
[1993] ZASCA 77
Parties
Appellant: Kommissaris van Binnelandse Inkomste; Appellant: Multilaterale Motorvoertuigongelukfonds; Respondent: M M Hogan
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Case Number
663/91, 683/91
Procedural Posture
Civil Appeal / Appeal From the Transvaal Provincial Division; Declaratory Order Granted in Favour of Respondent Overturned
Outcome
Appeal upheld; order of the court a quo set aside and replaced with dismissal of Hogan's application with costs.
Judges
Joubert, Grosskopf, Milne, Nienaber, Harms
Legal Topics
Annuity Definition, Remuneration in Tax Law, Employees Tax Withholding, Delictual Compensation, Statutory Interpretation
Tax Law Delict Annuity Definition Remuneration in Tax Law Employees Tax Withholding Delictual Compensation Statutory Interpretation

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Parties

Kommissaris van Binnelandse Inkomste

Appellant

Multilaterale Motorvoertuigongelukfonds

Appellant

M M Hogan

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transvaal Provincial Division; Declaratory Order Granted in Favour of Respondent Overturned

  1. 1 Whether the periodic monthly payments made to Hogan under the certificate constitute an annuity for purposes of the definition of 'remuneration' in the Fourth Schedule to the Income Tax Act.
  2. 2 Whether the Multilateral Motor Vehicle Accident Fund was statutorily obliged to deduct employees' tax from such payments before paying Hogan.
  3. 3 Whether the contractual undertaking to pay the full amount to Hogan overrides statutory tax obligations.

Ratio Decidendi

The court held that the monthly payments made to Hogan under the certificate possess the essential characteristics of an annuity: they are repetitive, payable from year to year, and the principal sum is not returnable upon cessation. The original delictual debt was extinguished and replaced by a contractual obligation to pay monthly annuities for as long as Hogan lives. Consequently, these payments constitute remuneration as defined in the Fourth Schedule to the Income Tax Act and form part of Hogan's gross income, regardless of their capital nature. The Multilateral Motor Vehicle Accident Fund is statutorily obliged to deduct employees' tax from these payments before paying Hogan. Any...

Court Disposition

Appeal upheld; order of the court a quo set aside and replaced with dismissal of Hogan's application with costs.

Orders

  • The appeals of both appellants succeed with costs.
  • The order of the court a quo is replaced with: 'Prayer l(a) of the Notice of Motion is dismissed with costs.'