Page 24 - P6 Slide Taxation - Lecture Day 7 - Various Topics
P. 24

MAINTENANCE ORDER


   Scenario 1:




                           Spouse 1                    Maintenance is paid to…                           Spouse 2

                           (member of
                              a fund)                 but not from the minimum

                                                  individual reserve of spouse 1!
                                                                                                 Spouse 2 includes amount
               Spouse 1 does not                                                                   in gross income and will

          qualify for any deduction                                                                 qualify for the s 10(1)(u)

          in respect of the payment                                                                           exemption.
                         made.



     Scenario 2:

                           Spouse 1                    Maintenance is paid to…

                           (member of                                                                    Spouse 2

                                fund)              from the minimum individual

                                                         reserve of spouse 1.

                Section 7(11) deems                                                                     Although spouse 2

              that the amount to have                                                                physically received the
             accrued to Spouse 1. No                                                             amount, no inclusion will be

               s 10(1)(u) is available                                                             made into gross income.

                      for spouse 1.                                                             Spouse 1 is already taxed in
                                                                                                          terms of s 7(11).
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