Tax Guide for Small Businesses 20 20 /2
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LAPD-Gen-G09-Tax-Guide-for-Small-Businesses
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- 3.2.20 ). (b) Bribes, fines or penalties [section 23( o )(i) and (ii)]
- 3.2.24 Film owners (section 12O)
3.2.23 Prohibited deductions
Specified deductions are prohibited by section 23. Some of the prohibited deductions are mentioned below: (a) Domestic or private expenses [section 23(a) and (b)] A taxpayer is prohibited from deducting any of the following expenses and payments: • The cost incurred in the maintenance of the taxpayer, the taxpayer’s family or establishment. • Domestic or private expenses, including rent , cost of repairs, or expenses in connection with any premises not occupied for purposes of trade or any dwelling-house or domestic premises, except on those parts as may be occupied for the purpose of trade (see 3.2.20). (b) Bribes, fines or penalties [section 23(o)(i) and (ii)] A payment of a bribe, fine or penalty will not be allowed as a deduction for income tax purposes if – • the payment, agreement or offer to make that payment constitutes an activity contemplated in Chapter 2 of the Prevention and Combating of Corrupt Activities Act 12 of 2004; or • the payment is a fine charged or penalty imposed as a result of carrying out an unlawful activity in South Africa or in another country if the activity would be unlawful had it been carried out in South Africa. 51 (c) Other prohibited deductions [section 23(d), (e) and (g)] Other prohibited deductions include – • income carried to any reserve fund or capitalised in any way; • moneys not laid out or expended for purposes of trade; and • taxes imposed under the Act and interest or penalties imposed under other Acts administered by the Commissioner. 3.2.24 Film owners (section 12O) South Africa’s income tax system contains an incentive aimed at stimulating the production of films within the Republic. Section 12O provides for the exemption from normal tax of income derived from the exploitation rights of approved films. Section 12O came into effect on 1 January 2012 and applies to all receipts and accruals of approved films if principal photography commenced on or after this date but before 1 January 2022. 51 For more information see Interpretation Note No 54 “Deductions – Corrupt Activities, Fines and Penalties”. Tax Guide for Small Businesses (2020/2021) 45 Section 12O effectively eliminates income tax on qualifying film receipts and accruals for a 10- year period from the date the film is completed. It applies to films that have been approved by the National Film and Video Foundation as a local production or a co-production. The National Film and Video Foundation has introduced a set of qualifying criteria, the South African Film Criteria, that are used to determine whether a film constitutes a local production or a co- production based on a point system. The exemption is limited to investors who acquired the exploitation rights held before the completion date of the film. Taxpayers may claim a net loss on a film in a year of assessment commencing at least two years after the completion date of the film. The deduction of a net loss also results in a taxpayer being unable to claim the exemption on the particular film going forward. Section 12O(6) provides that any grant received by or accrued to a special purpose corporate vehicle from the state under the Department of Trade, Industry and Competition incentive will be exempt from normal tax but subject to the general recoupment provision under section 8(4). In certain cases, if the grant is passed on to an investor, the investor will also qualify for the exemption. A taxpayer who receives or to whom an exempt Department of Trade, Industry and Competition grant accrues must consider the provisions of section 12P(3) to (6) as there are consequences on the cost, deductions and allowances available to a taxpayer in respect of related expenditure (see 3.2.25). 52 Download 0.78 Mb. Do'stlaringiz bilan baham: |
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