"connected person"
means—
| (a) |
in relation to a natural person— |
| (ii) |
any trust (other than a portfolio of a collective investment scheme) of which such natural person or such relative is a beneficiary; |
[Paragraph (a)(ii) substituted by section 3(1)(c) of the Taxation Laws Amendment Act, 2015 (Act No. 25 of 2015)]
| (b) |
in relation to a trust (other than a portfolio of a collective investment scheme)— |
| (i) |
any beneficiary of such trust; and |
| (ii) |
any connected person in relation to such beneficiary; |
[Paragraph (b) amended by section 3(1)(d) of the Taxation Laws Amendment Act, 2015 (Act No. 25 of 2015)]
| (bA) |
in relation to a connected person in relation to a trust (other than a portfolio of a collective investment scheme), any other person who is a connected person in relation to such trust; |
[Paragraph (bA) substituted by section 5(1)(a) of the Taxation Laws Amendment Act, 2016 (Act No. 15 of 2016)]
| (c) |
in relation to a member of any partnership or foreign partnership— |
| (i) |
any other member; and |
| (ii) |
any connected person in relation to any member of such partnership or foreign partnership; |
[Paragraph (c) substituted by section 4(1)(g) of the Taxation Laws Amendment Act, 2013 (Act No. 31 of 2013), GG 37158, dated 12 December 2013]
| (d) |
in relation to a company— |
| (i) |
any other company that would be part of the same group of companies as that company if the expression "at least 70 per cent of the equity shares in" in paragraphs (a) and (b) of the definition of "group of companies’ in this section were replaced by the expression "more than 50 per cent of the equity shares or voting rights in"; |
| (ii) |
[Paragraph (d)(ii) deleted by section 3(1)(c) of the Revenue Laws Amendment Act, 2006 (Act No. 20 of 2006)];
|
| (iii) |
[Paragraph (d)(iii) deleted by section 3(1)(c) of the Revenue Laws Amendment Act, 2006 (Act No. 20 of 2006)];
|
| (iv) |
any person, other than a company as defined in section 1 of the Companies Act that individually or jointly with any connected person in relation to that person, holds, directly or indirectly, at least 20 per cent of— |
| (aa) |
the equity shares in the company; or |
| (bb) |
the voting rights in the company; |
[Paragraph (d)(iv) substituted by section 4(1)(i) of the Taxation Laws Amendment Act, 2013 (Act No. 31 of 2013), GG 37158, dated 12 December 2013]
| (v) |
any other company if at least 20 per cent of the equity shares or voting rights in the company are held by that other company, and no holder of shares holds the majority voting rights in that company; |
[Paragraph (d)(v) substituted by section 4(1)(k) of the Taxation Laws Amendment Act, 2013 (Act No. 31 of 2013), GG 37158, dated 12 December 2013]
| (vA) |
any other company if such other company is managed or controlled by— |
| (aa) |
any person who or which is a connected person in relation to such company; or |
| (bb) |
any person who or which is a connected person in relation to a person contemplated in item (aa); and |
[Paragraph (d)(vA)(bb) substituted by section 19(1)(d) of the Taxation Laws Amendment Act, 1998 (Act No. 30 of 1998)]
| (vi) |
where such company is a close corporation— |
| (bb) |
any relative of such member or any trust (other than a portfolio of a collective investment scheme) which is a connected person in relation to such member; and |
[Paragraph (d)(vi)(bb) substituted by section 103(1)(a) of the Taxation Laws Amendment Act, 2018 (Act No. 23 of 2018), Notice No. 19, GG 42172, dated 17 January 2019 - effective 8 January 2016]
| (cc) |
any other close corporation or company which is a connected person in relation to— |
| (i) |
any member contemplated in item (aa); or |
| (ii) |
the relative or trust contemplated in item (bb); and |
[Paragraph (d)(vi)(cc) substituted by section 2(1)(e) of the Income Tax Act, 1997 (Act No. 28 of 1997)]
| (e) |
in relation to any person who is a connected person in relation to any other person in terms of the foregoing provisions of this definition, such other person; |
Provided that for the purposes of this definition, a company includes a portfolio of a collective investment scheme;
[Proviso amended by section 2(1)(a) of the Taxation Laws Amendment Act, 2017 ( the Taxation Laws Amendment Act, 2017 (Act No. 17 of 2017)]
Contingency Fees Act, 1997
