Tax Guide for Small Businesses 20 20 /2
Exemption of amounts received or accrued in respect of government grants
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LAPD-Gen-G09-Tax-Guide-for-Small-Businesses
3.2.25 Exemption of amounts received or accrued in respect of government grants
(section 12P) Section 12P(2) provides for the exemption from normal tax of any amount received by or accrued to a person as a beneficiary of a government grant if that grant is – • listed in the Eleventh Schedule; or • identified by the Minister by notice in the Gazette for the purpose of exempting that government grant with effect from a date specified by the Minister in that notice after having regard to – the implications of the exemption for the National Revenue Fund; and whether the tax implications were taken into account in allocating that grant. The term “government grant” is defined in section 12P(1) as – “a grant-in-aid, subsidy or contribution by the government of the Republic in the national, provincial or local sphere”. Effective from 1 January 2016, section 12P(2A) exempts any amount received by or accrued to a person from the government in the national, provincial or local sphere from normal tax, if the amount is granted for the performance by that person as part of that person’s obligations pursuant to a PPP. 53 Such a PPP grant is exempt only if an amount at least equal to the amount received or accrued is required to be expended for the improvement on any land or to any buildings owned by the government or over which the government holds a servitude. The described grants to PPPs do not have to be listed in the Eleventh Schedule or be identified by the Minister in the Gazette. 52 For more information see the Guide to the Exemption from Normal Tax of Income from Films. 53 See 3.8.5 for the VAT treatment of grants. Tax Guide for Small Businesses (2020/2021) 46 Anti-double-dipping rules were introduced in section 12P(3) to (6) to ensure that exempt government grant funding is not used as a means to achieve a further tax reduction by claiming deductions for expenditure funded by government grants exempt under section 12P(2) or (2A). The anti-double-dipping rules contained in section 12P(3) and (4) apply to a government grant as contemplated in section 12P(2) or (2A) (other than a government grant in kind), received by or accrued to a person for the acquisition, creation or improvement of trading stock or an allowance asset or as a reimbursement for expenditure incurred. Section 12P(5) provides that if any amount is received by or accrues to a person by way of a government grant contemplated in section 12P(2) or (2A) (other than a government grant in kind) for the acquisition, creation, or improvement of an asset (other than trading stock or an allowance asset) or to reimburse expenses so incurred, the base cost of the asset must be reduced by the government grant to the extent that it is applied for that purpose. Section 12P(6)(a) provides that if during any year of assessment any amount is received by or accrues to a person by way of a government grant as contemplated in section 12P(2) or (2A) (other than a government grant in kind), and section 12P(3), (4) or (5) does not apply, any deduction allowed under section 11 for that year of assessment must be reduced to the extent of the government grant. Section 12P(6)(b) provides that if the government grant exceeds the total amount of otherwise allowable deductions under section 11 for that year of assessment, the excess is deemed to be a government grant received or accrued during the following year of assessment and should in that following year of assessment be deducted from expenditure allowable under section 11. Download 0.78 Mb. Do'stlaringiz bilan baham: |
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