South Africa Case Law

Kipp Consulting Engineers (PTY) Ltd v OLT Engineers and Project Managers (PTY) Ltd (56323/2021; 57319/2021)

Kipp Consulting Engineers (PTY) Ltd v OLT Engineers and Project Managers (PTY) Ltd (56323/2021; 57319/2021) [2022] ZAGPJHC 953 (7 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

56323/2021; 57319/2021

Judge

Strijdom

The High Court granted provisional liquidation against OLT Engineers & Project Managers after finding the applicant had established creditor status and insolvency.

• Winding Up Of Company
• Commercial Insolvency
• Contingent Liability
• Creditor Locus Standi
• Fraudulent Conduct
• Money Laundering

JMN v The Commissioner for the South African Revenue Service (A3096/2019; 14001)

JMN v The Commissioner for the South African Revenue Service (A3096/2019; 14001) [2021] ZAGPJHC 167 (30 April 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A3096/2019; 14001

Judges

EF Dippenaar, M Senyatsi, B Wanless

High Court tax appeal about valuing unlisted shares for CGT and donations tax, the classification of mineral resources, and a disputed consultancy liability.

• Capital Gains Tax
• Donations Tax
• Valuation Of Unlisted Shares
• Tax Assessment
• Contingent Liability
• Costs Order

X Group (Pty) Ltd v Commissioner for the South African Revenue Service (13671)

X Group (Pty) Ltd v Commissioner for the South African Revenue Service (13671) [2017] ZATC 18 (20 April 2017)

Court

Tax Court

Case number

13671

Judge

Allie

The Tax Court held that a R90 million settlement paid to ABC was not deductible under section 11(a) because it was not incurred in producing income.

• Income Tax Deduction
• Contingent Liability
• Production Of Income
• Settlement Agreement
• Interest On Tax
• Costs Order

Commissioner for Inland Revenue v Golden Dumps (Pty) Ltd. (47/92)

Commissioner for Inland Revenue v Golden Dumps (Pty) Ltd. (47/92) [1993] ZASCA 89; 1993 (4) SA 110 (AD); [1993] 2 All SA 496 (A) (2 June 1993)

Court

Supreme Court of Appeal

Case number

47/92

Judges

Corbett, Van Heerden, Smalberger, Kumleben, Nicholas

The Supreme Court of Appeal held that the liability of Golden Dumps to deliver shares to Nash was disputed and contingent until the Appellate Division's judgment in 1985. Only upon the delivery of the judgment did the liability become unconditional and the expenditure 'actually incurred' for the purposes of section 11(a) of the Income Tax Act. The deduction was therefore properly claimed in the 1985 year of assessment, not in any earlier year. The appeal by the Commissioner was dismissed, confirming the Special Court's decision.

Source excerpt

• Income Tax Deduction
• Expenditure Actually Incurred
• Contingent Liability
• Remuneration To Employee