Professional Documents
Culture Documents
T22
Taxation 3B
Eduvos (Pty) Ltd (formerly Pearson Institute of Higher Education) is registered with the Department of Higher Education and Training as a private higher education institution under the
Higher Education Act, 101, of 1997. Registration Certificate number: 2001/HE07/008
SOME PRELIMINARY THOUGHTS
Enter Should a person operated a business through a company or as an individual sole proprietorship?
Objectives:
1.Definition of a company in terms of the Income
Tax Act
2.Taxation of business entities
3.Capital Allowances and s11(a) deductions
Entity created
under South
African Law
Entity created
Close
under another
Corporation
country’s law
Portfolio if
collective Entity formed
investment for public
schemes outside benefit
Republic
Gross Income • Section 1
Equals Taxable
Income
• Years of Assessment ending 31 March
Tax Rate 27% 2023
Take Note
NB: wear & tear allowance on the value of machinery, plant, implements, utensils and articles;
Owned or acquired by instalment credit agreement defined in VAT definition para (a) (ownership);
Used for trade purposes
• Does not apply to manufacturing assets which qualify for any of the s12 allowances
• No allowance for buildings or other structures of a permanent nature –s11(e)(ii), however
• Foundations & supporting structures deductible on same basis as asset – s11(e)(iiA)
• regarded as integrated with the machinery, and
• Write-off period linked to the remaining useful life of the asset
• Small assets (<R7 000) – write-off in full in year 1
• Not available to lessors
• Moving costs – write off linked to the useful life of the asset.
Wear and tear allowance (section 11(e))
This deduction is available to movable assets that are not used in the process of
manufacture in which the value has been lost
The asset must be owned by taxpayer
The general formula is :
(Value/expected useful life *number of months in a year/12
Note: “value” is the cost unless the asset was acquired otherwise than by purchase
E.g. donation; inheritance (but consider the CGT aspects)
Let's have a look at an example :
Example 1: Moatshe (Pty) Ltd acquired a motorcycle at a cost
of R40 000 (excluding VAT) on 1 March 2022 and immediately
brought it into use in its business, for the purpose of making
deliveries. It used the motorcycle for the rest of its year of
assessment ending 31 August 2022 and throughout it’s year
of assessment ending 31 August 2023.
Wear and tear
( section 11e ) Required :
Calculate the wear and tear allowances to be claimed in the
in the 2022 and 2023 year of assessment.
Binding General Ruling (income Tax) No.7 and interpretation
Note No.47 ( which is in line with the Commissioner’s public
notice ) allow a four-year write-off period on a motorcycle
• 31 August 2022
Wear and tear allowance (s11(e))
40 000/4 years *6/12=(5 000)
• 31 August 2023
Wear and tear allowance (s11(e))
(40 000/4 years)=(10 000)
Solution to NB :
example 1 Take note section 11(e) apportions
for time period, you will see other
sections don’t apportion for time
Class Activity 1
On 1 September 2022, Jay Manufacturers (Pty) Ltd
purchased a delivery cycle for R14 950 (including
VAT) and brought it into use on the same date. In
terms of Interpretation Note No.47, the write –off
period for delivery vehicles is 4 years.
Section 12 C allowance
Cost (1 092 500*100/115)= 950 000 Year 1 2023: (950 000*40%)=380 000
Year 2 2024 :(950 000*20%)=190 000
Year 3 2025: :(950 000*20%)=190 000
• Machine XT was used by Modisa (Pty) Ltd ( a registered VAT vendor ) for the first time
during the current year of assessment to manufacture candles. It was previously used in
manufacturing activities overseas (by Modisa (Pty) Ltd) of which the income did not form
part of gross income. The machine was purchased on 1 January 2021 for R150 000
(excluding VAT)
• You are required to:
• Calculate the capital allowance that can be claimed for machine XT for the 2023 year
of assessment
Example 3
• Cost 150 000
Naidoo CC, a small business corporation as defined, commenced trading on 1 September 2020. Its
year of assessment ends on the last day of February each year. Naidoo CC acquired non-
manufacturing machinery on 15 September 2020 for R1 000 000, which was immediately brought
into use for trade purposes. A new plant costing R 1 250 000 was purchased on 1 December 2020
and Naidoo CC immediately brought the plant into use in its manufacturing operations. On 29 May
2021, Naidoo CC moved to bigger premises and incurred moving cost amounting to R50 000 in
respect of the manufacturing machinery and R30 000 in respect of the non-manufacturing
machinery. All amounts exclude VAT
Required :
• Calculate the allowances that Naidoo CC can claim during the 2021, 2022 and 2023 year of
assessment
• 28 February 2021
• Allowance : Non-manufacturing machinery (50%*1 000 000)=(500 000)
• Allowance : Manufacturing plant (100%*1 250 000)=(1 250 000)
• 28 February 2022
• Allowance : Non-manufacturing machinery (30%*1 000 000)=(300 000)
Deduction of moving cost:
• 28 February 2023
• Allowance : Non-manufacturing machinery (20%*1 000 0000 ) (200 000)
• Deduction of moving cost (30 000/2) (15 000)
Allowances on Immovable assets
Section 13: Manufacturing building
• Cost
• Lower of actual cost versus market value excluding finance charges and VAT
Low-cost residential
If the taxpayer did not erect accommodation, R300 000 or
( purchased) a part, then the cost less for stand alone and R350 000 The cost on which 1% applies to
is deemed: 55% of acquisition or less for apartments. The should be increased by 10%
price or 30% of acquisition price owner does not charge monthly annually
if improvement rental of more than 1% of that
cost
Example: S13sex
• On 1 February 2022 Contrusto (Pty) Ltd bought seven new apartments in a residential
building situated in the centre of Johannesburg at a cost of R750 000 each. All the
apartments were let from 1 March 2022.
• Also built another two stand-alone residential units for use by its employees – completed
building on 1 July 2022 at cost of R1 000 000 each . Employees moved in on that date.
• All amounts exclude VAT .
• Calculate the allowances on the apartments for the year of assessment ended 31
December 2022
• Section 13sex allowance on purchased apartments
Solutions • 750 000 * 7 * 55% = 2 887 500 * 5% = R144 375
• Calculate the lease premium allowance deductible in the following instance in terms of
section 11(f). ( Assume that all years of assessment end on the last day of February).
• For a lease over premises entered on 1 September 2021, Walter paid the lessor a premium
of R150 000. He is entitled to occupation for 15 years. The annual rental is R120 000.
The lessees would erect a factory on the land at a cost of R1 000 000.
Building commenced on 1 October 2021 and the factory was completed and brought into use on 1
October at a cost of R1 200 000.
You are required to calculate the amount Mowbray Manufacturers may claim in respect of the
leasehold improvements for the 2023 year of assessment ended on the last day of February 2023
Solution
S 11(f)Leasehold improvements(R1 000 000/25 *5/12 months) 16 667
1 200 000 * 5% s13 allowance: R60 000 per annum for 20 years
Beta ltd
150% not applicable, Beta not responsible for determining or
altering
100% deduction (300 000+80 000) 380 000
RECOUPMENTS
Disposal of assets
SARS assumption at purchase date:
Taxpayer will recover benefit of the asset through use
Reality is that actual consumption can only be determined at disposal date
If selling price > tax value,
Allowances have overcompensated
Excess allowances must be recouped (Recoupment –income s8(4)()
If selling price < tax value, (depreciable asset allowance-deduction s11(o))
Allowances have not adequately compensated
Unclaimed allowances must be deducted
• Considerations
• Gross income vs capital gains
Recoupment
Recoupments
• s 8(4)(a)
• General recoupment provision
• Recovery of previous allowances granted
• Gross income (para (n))
• Special circumstances:
• Asset acquired for no consideration:
• Recoupment of allowances claimed.
• Proceeds less recoupment is subject to CGT
• Asset originally used for non-trade purposes and subsequently for trade
purposes:
• Any recoupments must be calculated with reference to original cost
Recoupment and depreciable asset allowance
s 8(4)(e)
• A recoupment on the disposal of an asset will not all be included in income:
• Where a taxpayer has made an election in terms of Paragraph 65 and 66 of
the 8th Schedule to defer the Capital Gain
• Recoupment realised relative to the write-off period of the replacement asset
Trading Stock
Dividends Tax
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