Interpretation Notes – Numbers 21-40

Interpretation Notes are intended to provide guidelines to stakeholders (both internal and external) on the interpretation and application of the provisions of the legislation administered by the Commissioner.
These Notes will ultimately replace the existing General Notes and Practice Notes, as well as internal Circular Minutes, to the extent that they relate to the interpretation of the various laws. The Notes will be amended when necessary in line with policy developments and changes in legislation.​
The groups of Interpretation Notes can be accessed from here or on the navigation pane above:

 

​Number Subject ​Legislation ​
IN 21 ​The applicability of the regional establishment levy to dividends receivable by a holding company Regional Services Councils Act, 1985
IN 22 ​Exemption: Public Benefit Organisations and Statutory Bodies ​Transfer Duty Act, 1949
​IN 23
​Estimated Assessments (Foreign Funds or Assets)
*Withdrawn with effect from 1 October 2012
​​Income Tax Act, 1962 ​Section 78(1A), (1B) and (1C)
​IN 24 ​Public Benefit Organisations (PBOs): Trading Rules – Partial taxation of trading receipts ​​Income Tax Act, 1962 ​Section 78(1A), (1B) and 1(C)
IN 25 ​Resident: Definition in relation to a natural person; application of the physical presence test in the year of insolvency ​​Income Tax Act, 1962 ​Section 1 – definition of ‘resident’
IN 26​ ​Taxation of CCMA and Labour Court Awards to employees and former employees ​​Income Tax Act, 1962 ​Sections 1, 7A(3A), 10(1)(k)
IN 27 ​Personal liability of employers, representative employers, shareholders and directors for outstanding employees tax ​​Income Tax Act, 1962 ​Fourth Schedule
IN 28 Deductions: Home office expenses incurred by persons in employment or persons holding an office ​​Income Tax Act, 1962 Sections 11(a), 23(b) and (m)
​IN 29 ​​Farming Operations: Equalised rates of tax ​​Income Tax Act, 1962 ​​Section 5(10) and paragraph 19 of the First Schedule
IN 30 ​Documentary proof required on consignement or delivery of movable goods to a recipient at an address in an export country Value-Added Tax Act, 1991 ​Section 11(1)(a)(i) read with paragraph (a) of the definition of ‘exported’ in section 1
IN 31 ​Documentary proof required for the zero-rating of goods and services ​Value-Added Tax Act, 1991 ​Section 11(1) and (2) read with s.11(3)
IN 32 ​Public Benefit Organisations (PBOs): Investments ​​Income Tax Act, 1962 ​Section 30(3)(b)(ii)(cc)
IN 33 ​Assessed Losses: Companies: The ‘trade’ and ‘income from trade’ requirements ​​Income Tax Act, 1962 ​Section 20(1)(a)
IN 34 ​Exemption from Income Tax: Remuneration derived by a person as an officer or crew member of a ship ​​Income Tax Act, 1962 ​Section 10(1)(o)(i) and the definition of ‘remuneration’ in paragraph 1 of the Fourth Schedule
IN 35 ​Employees’ Tax: Personal service providers and labour brokers ​​Income Tax Act, 1962 ​Section 23(k) and paragraphs 1, 2(1A) and 2(5) of the Fourth Schedule
​IN 36 ​Scope and impact of section 76I upon written statements issued by the Commissioner prior to 1 October 2006*Withdrawn with effect from 8 February 2013 ​​Income Tax Act, 1962 ​Section 76I
​IN 37 ​Procedures for requesting binding effect in respect of written statements issued by the Commissioner prior to 1 October 2006*Withdrawn with effect from 8 February 2013 ​​Income Tax Act, 1962 ​Section 76I(4) and (5)
​IN 38 ​Application and cost recovery fees for binding private rulings*Withdrawn with effect from 8 February 2013 – refer to Public Notice 102 of 8 February 2013 ​​Income Tax Act, 1962 ​Section 76F
​IN 39 ​VAT treatment of public authorities, grants and transfer payments ​Value-Added Tax Act, 1991 ​Sections 1, 8, 11, 16, 18, 23 and 40A
IN 40 ​VAT treatment of the supply of goods and/or services to and/or from a Customs Controlled Area of an Industrial Development Zone ​Value-Added Tax Act, 1991 ​Section 1, 7, 8, 9, 10, 11, 13 and 18; item 498.00 in paragraph 8 of
Schedule 1

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