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South Africa Case Law

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Tax Law [2023] ZATC 1

A v Commissioner For The South African Revenue Services (46206)

A v Commissioner For The South African Revenue Services (46206) [2023] ZATC 1; 86 SATC 225 (21 February 2023)

The Tax Court allowed a taxpayer to set off a foreign assessed loss against foreign recoupment income from a deemed aircraft disposal.

  • Income Tax Act
  • Foreign Assessed Loss
  • Source Of Income
  • Recoupment
  • Statutory Interpretation
  • Income-tax-act
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Civil Procedure [2017] ZAGPJHC 210

Phenix Construction Technologies (Pty) Ltd and Another v Hollard Insurance Company Limited (10995/2015)

Phenix Construction Technologies (Pty) Ltd and Another v Hollard Insurance Company Limited (10995/2015) [2017] ZAGPJHC 210 (31 July 2017)

The High Court refused leave to appeal, finding the applicants had not shown reasonable prospects of success on the interpretation of a guarantee and recoupment terms.

  • Leave To Appeal
  • Guarantee Interpretation
  • Motion Proceedings
  • Recoupment
  • Costs Award
  • Leave-to-appeal
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Tax Law [2003] ZASCA 10

Omnia Fertilizer Ltd v Commissioner for the South African Revenue Service (103/2002)

Omnia Fertilizer Ltd v Commissioner for the South African Revenue Service (103/2002) [2003] ZASCA 10; 2003 (4) SA 513 (SCA); 65 SATC 159 (13 March 2003)

The court held that writing back unclaimed creditor amounts to income was a recoupment under s 8(4)(a) of the Income Tax Act, even though the debts had not prescribed.

  • Income Tax Act
  • Recoupment
  • Deductible Expenditure
  • Gross Income
  • Accounting Entries
  • Tax-law
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