(ab)
Environmental conservation and maintenance expenditure (section 37C)
A deduction for expenditure actually incurred by a taxpayer to conserve or maintain land is
deemed to be incurred in the production of income and for purposes of a trade carried on by
the taxpayer, if –
• the conservation or maintenance is carried out under a biodiversity management
agreement that has a duration of at least five years and is entered into by a taxpayer
under the National Environmental Management: Biodiversity Act 10 of 2004; and
• the land used by the taxpayer in the production of income and for purposes of a trade
consists of, includes or is in the immediate proximity of the land that is the subject of
the agreement mentioned above.
The expenditure will be limited to the income derived from the trade carried on by the taxpayer
on the land mentioned above. The excess amount will be carried forward and deemed to be
expenditure incurred in the next year of assessment.
Expenditure actually incurred to conserve or maintain land owned by the taxpayer is, for
purposes of section 18A, deemed to be a donation if the conservation or maintenance is
carried out under a declaration which has a duration of at least 30 years under the National
Environmental Management Protected Areas Act 57 of 2003.
If land is declared a national park or nature reserve, and the declaration is endorsed on the
title deed of the land and has a duration of at least 99 years, 10% of the lesser of the cost or
market value of the land is, for purposes of section 18A and paragraph 62 of the Eighth
Schedule, deemed to be a donation paid or transferred to the Government, for which a receipt
has been issued under section 18A(2) in the year of assessment in which the land is so
declared and each of the succeeding nine years of assessment.
If land is declared on or after 1 March 2015 as a national park or nature reserve for at least
99 years, it is not deemed to be a donation but an allowance will be allowed under section 37D
[see 3.2.16(m)].
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