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South Africa Case Law

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Tax Law [2013] ZATC 3

ABC (Proprietary) Limited v Commissioner for the South African Revenue Services (13002)

ABC (Proprietary) Limited v Commissioner for the South African Revenue Services (13002) [2013] ZATC 3; 75 SATC 329 (19 August 2013)

The Tax Court held that proceeds from the sale of a plantation were gross income, finding the appellant carried on farming operations through its plantation business.

  • Income Tax Act
  • Gross Income Inclusion
  • Farming Operations
  • Capital Vs Income
  • Onus Of Proof
  • Gross-income
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Tax Law [2003] ZASCA 122

Commissioner for the SA Revenue Service v Wyner (581/2002)

Commissioner for the SA Revenue Service v Wyner (581/2002) [2003] ZASCA 122; [2003] 4 All SA 541 (SCA); 2004 (4) SA 311 (SCA); 66 SATC 1 (25 November 2003)

The SCA held that profit on the sale of a Clifton property was revenue income, because the taxpayer bought it with the fixed intention of reselling at a profit.

  • Capital Vs Revenue Nature
  • Scheme Of Profit Making
  • Intention Of Acquisition
  • Sale Of Immovable Property
  • Gross Income Inclusion
  • Capital-vs-revenue
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Tax Law [2000] ZASCA 179

Commissioner for South African Revenue Services v Foodcorp Limited (134/98)

Commissioner for South African Revenue Services v Foodcorp Limited (134/98) [2000] ZASCA 179 (31 May 2000)

The court held that section 37 of the Income Tax Act did not apply because no ownership of a mining property, meaning land, had passed; the matter was remitted for reassessment under paragraph (j).

  • Income Tax Act Section 37
  • Recoupment Of Capital Expenditure
  • Mining Property Definition
  • Joint Venture Assets
  • Gross Income Inclusion
  • Income-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.