Intellectual Property Rights from Publicly Financed Research and
R 385
Income Tax Act, 1962 (Act No. 58 of 1962)Chapter II : The TaxesPart I : Normal Tax23F. Acquisition or disposal of trading stock |
| (1) | Where any taxpayer has during any year of assessment incurred expenditure for the acquisition of trading stock which was neither disposed of by him during such year nor held by him at the end of such year, any deduction which may be allowed to him under the provisions of section 11(a) in respect of such expenditure shall not be allowed in such year, but such expenditure shall for the purposes of such provisions be deemed to have been incurred by him in the first subsequent year of assessment in which— |
[Words preceding section 23F(1)(a) substituted by section 40(a) of the Revenue Laws Amendment Act, 2003 (Act No. 45 of 2003)]
| (a) | such trading stock is disposed of by him; |
| (b) | the value of such trading stock falls to be included in his income under the provisions of section 22(1); or |
| (c) | it is shown by him that by reason of the loss or destruction of such trading stock or the termination of the agreement in terms of which such trading stock was acquired by him or for any other reason, such trading stock will neither be disposed of nor held by him, to the extent that such expenditure was actually paid. |
[Section 23F(1) substituted by section 28 of the Revenue Laws Amendment Act, 2000 (Act No. 59 of 2000)]
| (2) | Where a taxpayer has during any year of assessment disposed of any trading stock in the ordinary course of his or her trade for any consideration the full amount of which will not accrue to him or her during that year of assessment and any expenditure incurred in respect of the acquisition of that trading stock was allowed as a deduction under the provisions of section 11(a) during that year or any previous year of assessment, any amount which would otherwise be deducted must, to the extent that it exceeds any amount received or accrued from the disposal of that trading stock be disregarded during that year of assessment |
[Section 23F(2) substituted by section 21(1)(a) of the Revenue Laws Amendment Act, 2004 (Act No. 32 of 2004) - effective 1 January 2005]
| (2A) | So much of any amount disregarded in terms of subsection (2) may be deducted from the income of that person in any subsequent year of assessment to the extent that any amount which is received by or accrued to that person in that subsequent year from that disposal is included in the income of that person. |
[Section 23F(2A) inserted by section 21(1)(b) of the Revenue Laws Amendment Act, 2004 (Act No. 32 of 2004) - effective 1 January 2005]
| (2B) | If during any year of assessment a person contemplated in subsection (2) proves that no further amounts will accrue to him or her in that year and any subsequent year as contemplated in subsection (2A), so much of the amount which was disregarded in terms of subsection (2) as has not been allowed as a deduction in any year, must be allowed as a deduction from the income of that person in that year of assessment. |
[Section 23F(2B) inserted by section 21(1)(b) of the Revenue Laws Amendment Act, 2004 (Act No. 32 of 2004) - effective 1 January 2005]
(3) Where—
| (a) | any taxpayer has during any year of assessment in the ordinary course of his trade disposed of any right or interest in any asset which constitutes trading stock which has the effect that the remaining right or interest in such asset held and not disposed of will not be included in trading stock at the end of such year; and |
| (b) | any expenditure incurred in respect of the acquisition of such asset was allowed as a deduction under the provisions of section 11(a) or was otherwise taken into account during such year or any previous year of assessment, |
[Section 23F(3)(b) substituted by section 40(c) of the Revenue Laws Amendment Act, 2003 (Act No. 45 of 2003)]
there shall be deemed to have been recovered or recouped by such taxpayer and be included in the income of such taxpayer for such year of assessment, so much of such expenditure as relates to the remaining right or interest contemplated in paragraph (a).
