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Contents  

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III IMPOSITION OF INCOME TAX

Part IV EXEMPTION FROM INCOME TAX

Part V DEDUCTIONS AGAINST INCOME

Part VI CAPITAL ALLOWANCES

Part VII ASCERTAINMENT OF CERTAIN INCOME

Part VIII ASCERTAINMENT OF STATUTORY INCOME

Part IX ASCERTAINMENT OF ASSESSABLE INCOME

Part X ASCERTAINMENT OF CHARGEABLE INCOME AND PERSONAL RELIEFS

Part XI RATES OF TAX

Part XII DEDUCTION OF TAX AT SOURCE

Part XIII ALLOWANCES FOR TAX CHARGED

Part XIV RELIEF AGAINST DOUBLE TAXATION

Part XV PERSONS CHARGEABLE

Husband and wife

Trustees, agents and curators

Part XVI RETURNS

Part XVII ASSESSMENTS AND OBJECTIONS

Part XVIII APPEALS

Part XIX COLLECTION, RECOVERY AND REPAYMENT OF TAX

Part XX OFFENCES AND PENALTIES

Part XXI MISCELLANEOUS

FIRST SCHEDULE Institution, Authority, Person or Fund Exempted

SECOND SCHEDULE Rates of Tax

THIRD SCHEDULE Repealed

FOURTH SCHEDULE Name of Bond, Securities, Stock or Fund

FIFTH SCHEDULE Child Relief

SIXTH SCHEDULE Number of Years of Working Life of Asset

SEVENTH SCHEDULE Advance Rulings

Legislative History

Comparative Table

Comparative Table

 
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On 23/11/2017, you requested the version in force on 01/10/2008 incorporating all amendments published on or before 01/01/2008.
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Transfer of qualifying deduction between spouses
37D.
—(1)  Subject to the provisions of this section, an individual may transfer any qualifying deduction for any year of assessment to a spouse living with him or her who has claimed the qualifying deduction against her or his assessable income for the same year of assessment.
[49/2004]
(2)  Qualifying deductions shall be transferred to a claimant spouse in the following order:
(a)
any allowance specified in subsection (8)(a);
(b)
any loss specified in subsection (8)(b); and
(c)
any donation specified in subsection (8)(c).
[49/2004]
(3)  For each type of qualifying deduction to be transferred in the order specified in subsection (2), any allowance, loss or donation (as the case may be) arising to the transferor in an earlier year of assessment shall be transferred first before any allowance, loss or donation arising to the transferor in a later year of assessment.
[49/2004]
(4)  The amount of qualifying deduction to be transferred by a transferor to a claimant spouse is the lower of —
(a)
the amount of qualifying deduction available for transfer; and
(b)
the assessable income of the claimant spouse.
[49/2004]
(5)  Any individual transferring or claiming a qualifying deduction under this section shall notify the Comptroller and make an election to transfer or claim qualifying deductions, as the case may be, not later than 30 days from the date of the service of the notice of assessment on the individual or his or her spouse, whichever is the later.
[49/2004]
(6)  An election made by an individual under subsection (5) shall be irrevocable unless the Comptroller otherwise allows and shall be accompanied by such particulars as the Comptroller may require.
[49/2004]
(7)  Where the Comptroller discovers that any transfer or claim of qualifying deduction which has been made from or to any individual is or has become excessive, he may make an assessment upon that individual under section 74 on the amount which, in his opinion, ought to have been charged to tax.
[49/2004]
(8)  For the purposes of this section, subject to sections 35 and 37, qualifying deductions, in relation to an individual, for each year of assessment, are —
(a)
any allowance falling to be made under section 16, 17, 19, 19A, 19C, 19D or 20 that is in excess of the individual’s income from all sources chargeable with tax for that year of assessment;
(b)
any loss incurred by the individual in any trade, business, profession or vocation which, if it had been a profit, would have been assessable under this Act, and which is not deducted for that year of assessment because of insufficiency of statutory income of the individual; and
(c)
any donation made by the individual under section 37(3)(b), (c), (e) or (f) that is not deducted for that year of assessment because of insufficiency of statutory income of the individual.
[49/2004; 34/2005]
History for Provision '37D Transfer of qualifying deduction between spouses'.
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Right Arrow
pr37D-.
30/11/2004
Formal Consolidation
30 November 2004
Act
49 of 2004
Compare versionsDiff

30/11/2004
Informal Consolidation
30 November 2004
Amended
Act 49 of 2004

01/01/2005
Informal Consolidation
30 November 2004
Amended
Act 49 of 2004

01/01/2005
Informal Consolidation
30 November 2004
Amended
Act 7 of 2007

01/01/2005
Informal Consolidation
30 November 2004
Amended
Act 49 of 2004

01/01/2005
Informal Consolidation
30 November 2004
Amended
Act 7 of 2007

22/04/2005
Informal Consolidation
22 April 2005
Amended
S 194/2006

01/05/2005
Informal Consolidation
01 May 2005
Amended
Act 8 of 2005

01/01/2006
Informal Consolidation
01 January 2006
Amended
Act 22 of 2011

01/01/2007
Informal Consolidation
01 January 2007
Amended
Act 53 of 2007

01/01/2008
Formal Consolidation
01 January 2008
2008 RevEd
 
Compare versionsDiff

23/02/2010
Informal Consolidation
23 February 2010
Amended
Act 22 of 2011

01/03/2010
Informal Consolidation
26 November 2010
Amended
Act 29 of 2010

01/04/2010
Informal Consolidation
01 April 2010
Amended
Act 29 of 2012

07/07/2010
Informal Consolidation
07 July 2010
Amended
Act 22 of 2011

01/01/2011
Informal Consolidation
01 January 2011
Amended
Act 29 of 2012

01/01/2012
Informal Consolidation
01 January 2012
Amended
Act 22 of 2011

31/03/2014
Formal Consolidation
31 March 2014
2014 RevEd
 
Compare versionsDiff

27/11/2014
Informal Consolidation
27 November 2014
Amended
Act 34 of 2016

01/01/2015
Informal Consolidation
27 November 2014
Amended
Act 37 of 2014