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DRAFT - SARS Home

DRAFT DRAFT INTERPRETATION NOTE DATE: ACT : INCOME TAX ACT NO. 58 OF 1962 SECTION : SECTIONS 1(1) DEFINITION OF REIT , 8F(3)(d), 8FA(3)(d), PARAGRAPH (aa) OF THE PROVISO TO SECTION 10(1)(k)(i), 23N(5)(a) 25BB, 41(4)(a)(iii), 43, PROVISO TO SECTION 44(4A), 46(2) and (6A), 64F(1)(a) AND (l) AND (2), 64FA(1)(a); SECTION 8(1)(t) OF THE SECURITIES TRANSFER TAX ACT; SECTIONS 1(1) DEFINITION OF RESIDENTIAL PROPERTY COMPANY AND 9(1)(l) OF THE TRANSFER DUTY ACT; AND SECTIONS 2, 7(1)(a) AND 12(a) OF THE VALUE-ADDED TAX ACT SUBJECT : TAXATION OF REITs AND CONTROLLED COMPANIES CONTENTS PAGE Preamble .. 3 1. Purpose .. 4 2. Background .. 4 3. The law .. 5 4. Application of the law .. 5 General requirements of a REIT [definition of REIT section 1(1)] .. 5 The REIT must be a company [preamble to the definition of REIT section 1(1)] .. 6 (a) A company as defined in the Companies 6 (b) A company incorporated under the law of any country other than the Republic.

DRAFT 5 A REIT may be a company as commonly understood or may be deemed to be a company for taxation purposes. 6. Both corporate and trust (collective investment schemes in property) REITs that

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