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Income Tax Act, 1962 (Act 58 of 1962)

Regulations made under Section 12I of the Income Tax Act, 1962

3. Limitations

 

 

Industrial participation project

 

3.1 For the purposes of sections 12I(7)(a)(ii) and 12I(10)(h), an industrial project of a company constitutes an industrial participation project if that project at any time before the additional investment allowance benefit period received, or during the additional investment allowance benefit period receives, any credits or benefits in terms of—
(a) the National Industry Participation Programme, which came into operation during September 1996 (unless the credits or benefits are limited to assistance in respect of access to markets for goods and services outside the Republic);
(b) the Defence Industrial Participation Programme, which came into operation during September 1996; or
(c) the Competitive Supplier Development Programme, which came into operation during January 2007.

[Subregulation 3.1 amended by section 4(a) of Notice No. R. 633 of 2012]

 

Concurrent benefits

 

3.2 For the purposes of sections 12I(7)(a)(ii) and 12I(10)(h), a project will receive a concurrent industrial incentive if any credit or benefit is received during the additional investment allowance benefit period by virtue of—
(a) the Motor Industry Development Programme, which came into operation during September 1995, or its successor, the Automotive Production and Development Programme, except to the extent that the credit or benefit is received by any motor vehicle component manufacturer by virtue of any Motor Industry Development Programme;
(b) the Small Medium Manufacturing Development Programme, which came into operation during October 1996, or its successor, the Enterprise Investment Programme, which came into operation during July 2008;
(c) the Productivity Asset Allowance, which came into operation during July 2000;
(d) the Small Medium Enterprise Development Programme, which came into operation during September 2000, or its successor, the Enterprise Investment Programme, which came into operation during July 2008; or
(e) any other programme of any national sphere of government that provides grants, subsidies, rebates or interest-free loans, unless the adjudication committee is satisfied that those grants, subsidies, rebates or interest-free loans are immaterial in relation to the monetary benefit provided by Section 12I.

[Subregulation 3.2 amended by section 4(b) of Notice No. R. 633 of 2012]