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South Africa Case Law

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Tax Law [2022] ZASCA 153

CSARS v The Thistle Trust (516/2021)

CSARS v The Thistle Trust (516/2021) [2022] ZASCA 153; 2023 (2) SA 120 (SCA); 85 SATC 347 (7 November 2022)

The Supreme Court of Appeal held that trust capital gains were taxable in the Thistle Trust’s hands, but set aside the understatement penalty.

  • Capital Gains Tax
  • Trust Taxation
  • Understatement Penalty
  • Interest On Tax
  • Eighth Schedule Interpretation
  • Capital-gains-tax
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Tax Law [2021] ZATC 13

ABC Trust v Commissioner for the South African Revenue Service (IT 24918)

ABC Trust v Commissioner for the South African Revenue Service (IT 24918) [2021] ZATC 13; 83 SATC 387 (18 March 2021)

The Tax Court held that capital gains vested in ABC Trust and immediately distributed to beneficiaries were taxable in the beneficiaries’ hands, not the trust’s.

  • Capital Gains Tax
  • Conduit Pipe Principle
  • Income Tax Act Section 25b
  • Eighth Schedule Interpretation
  • Retrospective Application Of Amendments
  • Capital-gains-tax
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Tax Law [2017] ZASCA 29

New Adventure Shelf 122 (Pty) Ltd v Commissioner of the South African Revenue Services (310/2016)

New Adventure Shelf 122 (Pty) Ltd v Commissioner of the South African Revenue Services (310/2016) [2017] ZASCA 29; [2017] 2 All SA 784 (SCA); 2017 (5) SA 94 (SCA); 79 SATC 233 (28 March 2017)

The SCA held that a later cancellation of a sale did not justify reopening a final 2007 capital gains tax assessment; any loss arose in the cancellation year.

  • Capital Gains Tax
  • Tax Assessment Finality
  • Cancellation Of Sale
  • Capital Loss
  • Eighth Schedule Interpretation
  • Capital-gains-tax
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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.