Page 93 - Companies & Dividend Tax
P. 93

CORPORATE RULES



        Background









            • There are specific requirements that should be fulfilled

                before these sections can apply.


            • If the requirements are met, it is important to note that

                the corporate rules automatically apply in absence of a
                written agreement between the parties stating that the

                specific section should not apply.


            • However, this rule does not apply to intra-group

                transactions (section 45) where trading stock is
                regularly and continuously disposed of between the

                parties involved.


            • Thus, in a question, you have to establish if the

                requirements in terms of the corporate rules have been
                met.








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