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South Africa decisions
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Bos v Commissioner for the South African Revenue Service (A93/2006) [2008] ZAGPHC 208; 70 SATC 187 (9 May 2008)
The High Court held that R1 million paid to a departing PwC partner was capital, not income, and set aside the tax assessment for reconsideration.
Kommissaris van Binnelandse Inkomste v Transvaalse Suikerkorporasie Bpk. (130/1985) [1986] ZASCA 140 (28 November 1986)
The court held that the R3.5 million received by the respondent was compensation for the permanent surrender of its right to retain railage advantage money, a right that formed part of its income-producing structure. The payment was not for the loss of future profits but for the relinquishment of a capital asset, namely the respondent's bargaining power to generate additional income through railage arrangements. The analogy with Taeuber and Corssen was accepted: just as compensation for a restraint of trade is capital, so too is compensation for the surrender of a right that enables the gener…
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