Commissioner for Inland Revenue v Wandrag Asbestos (Pty) Ltd (571/92)
Commissioner for Inland Revenue v Wandrag Asbestos (Pty) Ltd (571/92) [1994] ZASCA 148; 1995 (2) SA 197 (AD); (3 October 1994)
The majority held that Wandrag was carrying on an export trade as defined in the Income Tax Act, as its asbestos fibre was produced for export and the agreement with GEFCO facilitated this. The 15% selling commission paid to GEFCO was found to be remuneration for marketing Wandrag's product overseas, and the payment was incurred directly for commission for export orders, satisfying the requirements of section 11bis(4)(f). The evidence supported that the payment was exclusively for marketing Wandrag's fibre, and the designation of the payment as 'selling commission' accurately reflected its tr…
Source excerpt
- Income Tax Act
- Marketing Allowance
- Commission Payments
- Export Trade
- Burden Of Proof