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South Africa Case Law

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Tax Law [2007] ZAFSHC 118

W J Fourie Beleggings CC v Commissioner of the South African Revenue Services (A264/2004)

W J Fourie Beleggings CC v Commissioner of the South African Revenue Services (A264/2004) [2007] ZAFSHC 118; 70 SATC 8 (27 September 2007)

The court held that a settlement payment for cancellation of a hotel contract was taxable revenue, not capital, because it replaced lost profits.

  • Income Tax Act
  • Capital Vs Revenue Receipts
  • Settlement Agreements
  • Burden Of Proof
  • Deductibility Of Expenses
  • Income-tax
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Tax Law [1994] ZASCA 176

Commissioner for Inland Revenue v D. & N. Promotions (Pty) Ltd (249/93)

Commissioner for Inland Revenue v D. & N. Promotions (Pty) Ltd (249/93) [1994] ZASCA 176; 1995 (2) SA 296 (AD); [1995] 2 All SA 47 (A) (29 November 1994)

The court held that retention interest on sugar cane payments was farming income, but interest on compensation for lost transport rights was too remote.

  • Income Tax Act
  • Farming Operations Income
  • Capital Vs Revenue Receipts
  • Interest On Compensation
  • Income-tax
  • Farming-operations
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Tax Law [1994] ZASCA 167

Berea Park Avenue Properties (Pty) Ltd v Commissioner for Inland Revenue (624/90)

Berea Park Avenue Properties (Pty) Ltd v Commissioner for Inland Revenue (624/90) [1994] ZASCA 167; 1995 (2) SA 411 (AD); [1995] 1 All SA 422 (A) (23 November 1994)

The court held that profit from selling Vasella was capital in nature, finding no change of intention or profit-making scheme.

  • Capital Vs Revenue Receipts
  • Change Of Intention
  • Sectional Title Scheme
  • Profit Making Scheme
  • Assessment Of Taxable Income
  • Capital-vs-revenue
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Tax Law [1992] ZASCA 84

Commissioner for Inland Revenue v Pick 'n Pay Employee Share Purchase Trust (640/90)

Commissioner for Inland Revenue v Pick 'n Pay Employee Share Purchase Trust (640/90) [1992] ZASCA 84; 1992 (4) SA 39 (AD); [1992] 2 All SA 245 (A) (22 May 1992)

The Appellate Division held that profits earned by a share purchase trust were taxable income, not capital receipts, and dismissed the appeal.

  • Gross Income Definition
  • Capital Vs Revenue Receipts
  • Employee Share Scheme
  • Onus Of Proof
  • Floating Vs Fixed Capital
  • Capital-vs-revenue
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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.