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 are amended when necessary in line with policy developments and changes in legislation, and 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.
For an overview of all interpretation notes published to date, see the Register of all Interpretation Notes.
| Number | Subject | Applicable Legislation | |
|---|---|---|---|
| IN 61 | Remission of interest | Value-Added Tax Act, 1991 | Section 39(7)(a) |
| IN 62 | Broad-based employee share plan | Income Tax Act, 1962 | Sections 8B, 10(1)(nC) and 11(lA) |
| IN 63 (Issue 2) | Rules for the translation of amounts measured in foreign currencies other than exchange differences governed by section 24I and the Eighth Schedule | Income Tax Act, 1962 | Sections 1(1), 6quat(4) and (4A), 6quin(4), 9A, 9D(6), 25D, 35A(5), 47J, 49H, 50H, 51H and 64N(4) |
(Issue 4) | Income tax exemption: Bodies Corporate, Share Block Companies and Associations of persons managing the collective interests comment to all members | Income Tax Act, 1962 | Section 10(1)(e) |
| IN 65 (Issue 3) | Trading stock – Inclusion in income when applied, distributed or disposed of otherwise than in the ordinary course of trade | Income Tax Act, 1962 | Section 22(8) |
| IN 66 | Scholarships or bursaries | Income Tax Act, 1962 | Section 10(1)(q) and the Seventh Schedule |
| IN 67 (Issue 4) | Connected persons | Income Tax Act, 1962 | Section 1(1) – definition of “connected person” |
| IN 68 (Issue 3) | Provisions of the Tax Administration Act, 2011, that did not commence on 1 October 2012 under Proclamation No. 51 in Government Gazette 35687 | Tax Administration Act, 2011 | Chapter 12 and Schedule 1 |
| IN 69 (Issue 3) | Game farming | Income Tax Act, 1962 | Sections 9HA, 25, 25C, 26 and First Schedule |
| IN 70 (Issue 2) | Supplies made for no consideration | Value-Added Tax Act, 1991 | Section 1 Definitions of “enterprise”, “taxable supply”, “input tax”, “donation” and “consideration”, section 10(4) and 10(23) |
| IN 71 | Long service awards | Income Tax Act, 1962 | Paragraphs 2(a), 5(2)(b) and 5(4) of the Seventh Schedule |
| IN 72 | Right of use of motor vehicle | Income Tax Act, 1962 | Paragraph 7 of the Seventh Schedule |
| IN 73 (Issue 3) | Tax implications of rental income from tank containers | Income Tax Act, 1962 | Sections 11(a), 11(e), 20(1), 23A and 25D |
| IN 74 (Issue 3) New! | Deduction and recoupment of expenditure on repairs | Income Tax Act, 1962 | Sections 11(d) and 8(4)(a) |
| Exclusion of certain companies and shares from a “group of companies” as defined in section 41(1) | Income Tax Act, 1962 | Sections 1 and 41(1) | |
| Tax treatment of tips for recipients, employers and patrons | Income Tax Act, 1962 | Section1(1) – definition of the term “gross income” Fourth Schedule – paragraph 1 definitions of “remuneration”, “employer”, “employee”, “provisional taxpayer”; paragraph 2(1) |
| IN 77 | Taxable benefit: Use of employer-provided telephone or computer equipment or employer-funded telecommunication services | Income Tax Act, 1962 | Paragraph 2(b), (e) and (h); Paragraphs 6, 10 and 31(1) of the Seventh Schedule |
| IN 78 | Allowance for future expenditure on contracts | Income Tax Act, 1962 | Section 24C |
| IN 79 (Issue 3) | Produce held by nursery operators | Income Tax Act, 1962 | Sections 9A, 25, 25C and 26 and Paragraphs 2, 3, 4 and 9 of the First Schedule |
| IN 80 | The income tax treatment of stolen money | Income Tax Act, 1962 | Sections 11(a) and (c), 23 (c) and (g) and 1(1) – definition of “gross income” |
