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Income Tax Act, 1962 (Act 58 of 1962)

Schedules

Second Schedule

Withdrawal or Resignation: Winding Up: Deductions

 

6.        

(1) The deduction to be allowed for the purposes of paragraph 2(1)(a)(ii) or (b) is an amount equal to-
(a) in the case of a lump sum benefit contemplated in paragraph 2(1)(b)(iA) and (iB), so much of the benefit as is paid or transferred for the benefit of the person from a—
(ii) pension fund, pension preservation fund, provident fund or provident preservation fund into any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund; or
(ii) retirement annuity fund into any retirement annuity fund; and

[Item (a) amended by section 113(1)(a) of the Taxation Laws Amendment Act, 2013 (Act No. 31 of 2013)]

(b)        in any other case, so much of the aggregate of—

(i) the person's own contributions that did not rank for a deduction against the person's income in terms of section 11(k) to any pension funds, pension preservation funds, provident funds, provident preservation funds and retirement annuity funds of which he or she is or previously was a member;

[Subitem (i) amended by section 113(1)(b) of the Taxation Laws Amendment Act, 2013 (Act No. 31 of 2013)]

(ii) any amount transferred for the benefit of the person to any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund as a result of an election made as contemplated in section 37D(4)(b)(ii)(cc) of the Pension Funds Act;

[Subitem (ii) amended by section 87(a) of the Taxation Laws Amendment Act, 2015 (Act No. 25 of 2015]

(iii) any amount that is deemed to have accrued to the person as contemplated in paragraph 2(1)(b)(iB);
(iv) any amount, to the extent that that amount was paid or transferred to a pension preservation fund or provident preservation fund as an unclaimed benefit as defined in section 1 of the Pension Funds Act and was subject to tax prior to that transfer or payment; and

[Subitem (iv) amended by section 87(b) of the Taxation Laws Amendment Act, 2015 (Act No. 25 of 2015]

(v) any other amounts in respect of which the formula in paragraph 2A applies, which have been paid into a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund for the person's benefit by a public sector fund, less the amount represented by symbol A when applying that formula,

as has not been exempted in terms of section 10C or has not previously been allowed to the person as a deduction in terms of this Schedule in determining any amount to be included in that person's gross income.

 

(2) The amount determined in terms of subparagraph (1) may not exceed the amount of the lump sum benefit in respect of which it is allowable as a deduction.

 

(3) For the purposes of this paragraph, the surrender value of any policy of insurance ceded or otherwise made over to the person by any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund and ceded or otherwise made over by the person to any other such fund, or any amount paid by the person into the latter fund in lieu of or as representing such surrender value or a portion thereof, shall be deemed to be an amount paid into the latter fund by the former fund for the benefit of the taxpayer.