Tax Guide for Small Businesses 20 20 /2
(r) Deduction in respect of improvements not owned by taxpayers (section 12N)
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LAPD-Gen-G09-Tax-Guide-for-Small-Businesses
(r)
Deduction in respect of improvements not owned by taxpayers (section 12N) A taxpayer which holds a right of use or occupation of land or buildings and effects an improvement on the land or to the buildings in terms of, amongst others, a PPP, may claim the allowances under sections 11D, 12B, 12C, 12D, 12F, 12I, 12S, 13, 13ter, 13quat, 13quin, 13sex or 36 on the cost of the improvements as if the taxpayer owned the land and buildings on which the improvements were made. The taxpayer must use or occupy the land or building for the production of income or derive income from the land or building. The taxpayer effecting the improvements is deemed to be the owner thereof for purposes of the Eighth Schedule. Upon termination of that right of use or occupation the taxpayer will be deemed to have disposed of the improvements to the owner of the land or building. No deduction will be allowed if the taxpayer – • carries on any banking, financial services or insurance business; or • enters into an agreement whereby the right of use or occupation of the land or building is granted to any other person, unless– the other person is a company which is a member of the same group of companies as the taxpayer; the cost of maintaining the land or building and of carrying out repairs (in consequence of normal wear-and-tear) is carried by the taxpayer; and the risk of destruction or loss of the land or building is not carried by that other person. (s) Deduction in respect of improvements on property in respect of which government holds a right of use or occupation (section 12NA) Section 12NA provides for a deduction if the taxpayer– • is obliged to effect an improvement to land or buildings under a PPP; and • the right of use or occupation of the land or building is held by the government in the national, provincial or local sphere. The taxpayer may claim a deduction of the amount of expenditure actually incurred to effect the improvement, divided by the lesser of– • the number of years for which the taxpayer will derive income from the PPP agreement; or • 25 years. The expenditure to be deducted under section 12NA must be reduced by an amount equal to the exempt amount received or accrued under section 10(1)(zI) for the purpose of effecting an improvement to land or a building or to defray the cost of any improvements under the relevant PPP. No deduction will be allowed if the taxpayer carries on any banking, financial services or insurance business. |
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