Prohibited Deduction

Private maintenance expenses

Section 23(a) Private maintenance expenses – maintenance of taxpayer or his family or establishment
Section 23(b) Domestic and private expenses – Rent or cost of repairs or expenses in connection with premises not occupied for the purpose of trade and the duties are mainly performed there.
Section 23( c) Recoverable expenses – Any expense / loss allowed to the extent that is recoverable under an insurance will not be allowed
Section 23 (d) Interest, penalties and taxes – No interest, penalties or taxes payable under the following acts are allowable: ITA, VAT, RSC, KZNJS
Section 23(e) Provisions and reserves – Provisions for contingent liabilities – disallowed (if income not tax then expenses not allowed)
Section 23(f) Expenses incurred to produce exempt income. Exempt income is not taxed – deductions not allowed (dividend income)
Section 23(g) Non trade expenses – money must be laid out in the expense of trade – Explanatory Memorandum on the Income Tax Bill, 1992
Section 23(h) Notional expenses – Cannot claim hypothetical interest i.e. interest that he might incur.
Section 23(j) Bursary cost – If an employees salary is in anyway reduced or forfeited by means of a bursary – no deduction for employer
Section 23(k) Expenses incurred by labour brokers, personal service companies etc. Limits the deductions allowable for expenses incurred by a labour broker who does not possess an employees tax exemption certificate to the amount of the remuneration paid or payable to the employee for services rendered.
Section 23(l) Restraint of trade – prohibits expenses incurred in restraint of trade except those in section 11(cA)
Section 23(m) Expenses relating to employment income – salary earner can only claim:

  • Pension contributions
  • RAF contributions
  • Travelling if have an allowance
  • Wear and tear
  • Medical and donations
Section 23(n) Government grants – no deduction of expenses allowed if such amount was given by government and was tax free
Section 23B Prohibition of double deduction – A deduction cannot be claimed under more than one section i.e. Depreciation can not be claimed under Section 11(e) and Section 12C
Section 23C Cost of assets + VAT- IN certain circumstances VAT should be excluded from the cost of an item if the taxpayer is a VAT vendor or has previously become entitled to a deduction of input VAT

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