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Income Tax Act, 1962 (Act No. 58 of 1962)

Chapter II : The Taxes

Part I : Normal Tax

11sex. Deduction of compensation for railway operating losses


For the purpose of determining the taxable income derived by any taxpayer from carrying on any trade within the Republic, there shall be allowed as a deduction from the income of the taxpayer so derived the amount of any compensation due to Transnet Limited and paid by the taxpayer (whether directly or through any trade association of which the taxpayer is a member) in respect of any loss incurred by Transnet Limited in operating any railway line, if—

[Words preceding section 11sex(a) substituted by section 31 of the Taxation Laws Amendment Act, 1998 (Act No. 30 of 1998)]

(a) such railway line was constructed under or in pursuance of a written agreement with Transnet Limited in terms of which Transnet Limited undertook to operate the railway line;

[Section 11sex(a) substituted by section 11(1) of Act No. 65 of 1973]

(b) the compensation so paid was paid in order to discharge an obligation under the said agreement to pay such compensation; and
(c) the taxpayer's liability to pay such compensation was incurred in connection with his trade.


[Section 11sex. inserted by section 10 of the Income Tax Act, 1972 (Act No. 90 of 1972)]