A Binding Class Ruling (BCR) is issued in response to an application and clarifies how the Commissioner would interpret and apply the provisions of the tax laws relating to a specific proposed transaction.
 

Applicable Legislation

  • Any tax Act administered by SARS as referred to in section 4 of the South African Revenue Service Act, 1997, excluding the Customs and Excise Act, 1964

Also see the Register of all Binding Class Rulings. (The register comprises an overview of all Binding Class Rulings, followed by Binding Class Rulings organised according to tax types.)

NumberApplicable LegislationSubject
BCR 020Income Tax Act, 1962

Transfer of pension and provident fund contributions from South African pension and provident funds to foreign pension and provident funds

The guidance contained in this ruling remains, despite subsequent law changes.

BCR 019Income Tax Act, 1962

Accrual date of a liquidation benefit

The guidance contained in this ruling is affected by new legislation.

BCR 018Income Tax Act, 1962Overseas incentive trips for employees with both business and private elements and related taxable benefit implications
BCR 017Income Tax Act, 1962Creation of a permanent establishment if a foreign partnership carries on business in South Africa
BCR 016Income Tax Act, 1962Capital gains tax – Re-designation of preference shares
BCR 015Income Tax Act, 1962Repealed legislation and the application of section 12(1) of the Interpretation Act, 1957 (Act No. 33 of 1957)
BCR 014Income Tax Act, 1962Deductibility of interest incurred in respect of a loan entered into to purchase restricted equity instruments in a share purchase scheme
BCR 013Income Tax Act, 1962

Nature of dividend income when distribution by a discretionary trust to income beneficiaries by virtue of employment

The guidance contained in this ruling is affected by new legislation. See paragraph (ii) of the proviso to section 10(1)(k)(i)

BCR 012Income Tax Act, 1962

Income tax implications attendant upon the vesting of an ‘equity instrument’ listed on a foreign stock exchange

Some guidance contained in this ruling may be affected by subsequent law changes. See section 6quat.

BCR 011Income Tax Act, 1962

Accrual of a conditional award and attendant tax implications

The guidance contained in this ruling is affected by subsequent law changes
BCR 010Income Tax Act, 1962Distribution of pension fund surplus to former members, pensioners and/or their beneficiaries
BCR 009Income Tax Act, 1962

Foreign share buy-backs

The guidance contained in this ruling is affected by subsequent law changes. See the definition of “foreign dividend”.

BCR 008 Income Tax Act, 1962

Tax Consequences of proceeds of annuity policies purchased by employers to settle post-retirement medical aid subsidy obligations

The principle confirmed in this ruling has been reviewed. This ruling should not be relied on by anyone other than the Applicant(s)/class members to whom it was issued.

BCR 007Income Tax Act, 1962Conversion of two public sector pension funds to a closed defined benefit fund and a contribution fund respectively
BCR 006Income Tax Act, 1962

Deduction of levy payments to be made by taxpayers for research and development expenditure incurred by another taxpayer on their behalf

Subsequent law changes clarified the guidance provided in this ruling. See section 11D(4).

BCR 005Income Tax Act, 1962Discretionary lump sum payments paid to pensioners in terms of an event contemplated by the rules of the pension fund
BCR 004Income Tax Act, 1962

Distributions made to participatory interest holders in a collective investment scheme which are reinvested with the scheme

The guidance contained in this ruling is affected by subsequent law changes.

BCR 003Income Tax Act, 1962Distribution of an actuarial surplus to former members and active members of a retirement fund
BCR 002Income Tax Act, 1962Expenditure incurred on corporate social investment programmes
BCR 001Income Tax Act, 1962Definition of equity instrument and restricted equity instrument

Table of Contents

Last Updated: