Page 78 - Gross Income class slides
P. 78
GROSS INCOME
Capital
• Mixed intention - consider dominant intention
• Consider whether there has been a change in intention prior
to the receipt of proceeds
• Scheme of profit making vs. realising an asset to best
advantage (Stott)
• Crossing the Rubicon? (Natal Estates)
• If a taxpayer receives an amount for the employment of or
use of capital, then this will be income regardless of
intention
• Onus is on taxpayer to prove non-taxability (s82)
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