South Africa Case Law

ABC (Pty) Ltd v Commissioner for the South African Revenue Service (IT 13164)

ABC (Pty) Ltd v Commissioner for the South African Revenue Service (IT 13164) [2016] ZATC 13 (7 September 2016)

Court

Tax Court

Case number

IT 13164

Judges

Allie, Karin Hofmeyr, JN Louw

The Tax Court held that section 103(2) of the Income Tax Act did not apply because the share acquisition had genuine commercial substance and the assessed losses could be set off.

• Assessed Loss Set Off
• Section 103 Income Tax Act
• Change Of Shareholding
• Tax Avoidance
• Commercial Substance
• Onus Of Proof