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South Africa Case Law

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Tax Law [2022] ZATC 8

Mr Taxpayer v Commissioner for the South African Revenue Service (IT 45628)

Mr Taxpayer v Commissioner for the South African Revenue Service (IT 45628) [2022] ZATC 8; 85 SATC 331 (17 August 2022)

The Tax Court held that R60 million paid for a restraint of trade was gross income under section 1(cB), and dismissed the appeal.

  • Income Tax Act
  • Restraint Of Trade
  • Gross Income Definition
  • Understatement Penalty
  • Capital Vs Income
  • Voluntary Disclosure
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Tax Law [2016] ZASCA 5

Commissioner for the South African Revenue Service v Kluh Investments (Pty) Ltd (115/2015)

Commissioner for the South African Revenue Service v Kluh Investments (Pty) Ltd (115/2015) [2016] ZASCA 5; [2016] 2 All SA 317 (SCA); 2016 (4) SA 580 (SCA); 78 SATC 177 (1 March 2016)

The Supreme Court of Appeal held that Kluh Investments was not carrying on farming operations, so plantation-sale proceeds were not gross income under section 26.

  • Income Tax Act
  • Farming Operations
  • Capital Vs Income
  • Deeming Provisions
  • Taxable Income
  • Onus Of Proof
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Tax Law [2013] ZATC 3

ABC (Proprietary) Limited v Commissioner for the South African Revenue Services (13002)

ABC (Proprietary) Limited v Commissioner for the South African Revenue Services (13002) [2013] ZATC 3; 75 SATC 329 (19 August 2013)

The Tax Court held that proceeds from the sale of a plantation were gross income, finding the appellant carried on farming operations through its plantation business.

  • Income Tax Act
  • Gross Income Inclusion
  • Farming Operations
  • Capital Vs Income
  • Onus Of Proof
  • Gross-income
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.