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

Chapter II : The Taxes

Part VIII : Dividends Tax

64F. Exemption from tax in respect of dividends other than dividends comprising distribution of assets in specie

[Section 64EB heading substituted by section 62(a) of the Taxation Laws Amendment Act, 2018 (Act No. 23 of 2018), GG 42172, dated 17 January 2019]

 

(1) Any dividend is exempt from the dividends tax to the extent that it does not consist of a dividend that comprises a distribution of an asset in specie if the beneficial owner is—

[Words preceding section 64EB(1)(a) substituted by section 62(b) of the Taxation Laws Amendment Act, 2018 (Act No. 23 of 2018), GG 42172, dated 17 January 2019]

(a) a company which is a resident;
(b) the government of the Republic in the national, provincial or local sphere;

[Section 64F(1)(b) substituted by section 70(1)(a) of the Taxation Laws Amendment Act, 2014 (Act No. 43 of 2014)]

(c) a public benefit organisation approved by the Commissioner in terms of section 30(3);
(d) a trust contemplated in section 37A; or
(e) an institution, board or body contemplated in section 10(1)(cA);
(f) a fund contemplated in section 10(1)(d)(i) or (ii);
(g) a person contemplated in section 10(1)(t);
(h) a holder of shares in a registered micro business, as defined in the Sixth Schedule, paying that dividend, to the extent that the aggregate amount of dividends paid by that registered micro business to all holders of shares in that registered micro business during the year of assessment in which that dividend is paid does not exceed the amount of R200 000.

[Section 64F(1)(h) to be commenced]

(i) a small business funding entity as contemplated in section 10(1)(cQ);

[Section 64F(1)(i) inserted by section 70(1)(b) of the Taxation Laws Amendment Act, 2014 (Act No. 43 of 2014)]

(iA) [Section 64F(1)(iA) deleted by Act No.24 of 2011 of the Taxation Laws Amendment Act];
(j) a person that is not a resident and the dividend is a dividend contemplated in paragraph (b) of the definition of ‘dividend’ in section 64D;
(k) [Section 64(1)(k) deleted by section 62(c) of the Taxation Laws Amendment Act, 2018 (Act No. 23 of 2018), GG 42172, dated 17 January 2019];
(l) any person to the extent that the dividend constitutes income of that person; or
(m) any person to the extent that the dividend was subject to the secondary tax on companies;
(n) any fidelity or indemnity fund contemplated in section 10(1)(d)(iii); or
(o) a natural person or deceased estate or insolvent estate of that person in respect of a dividend paid in respect of a tax free investment as contemplated in section 12T(1).

[Section 64F(1)(o) substituted by section 75(1) of the Taxation Laws Amendment Act, 2015 (Act No. 25 of 2015)]

 

(2) Any dividend paid by a REIT or a controlled company, as defined in section 25BB, and received or accrued before 1 January 2014 is exempt from the dividends tax to the extent that the dividend does not consist of a dividend that comprises a distribution of an asset in specie.

[Section 64F(2) substituted by section 62(d) of the Taxation Laws Amendment Act, 2018 (Act No. 23 of 2018), GG 42172, dated 17 January 2019]