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LML4804 Assignment 3 (COMPLETE ANSWERS) Semester 2 2025 - DUE 3 September 2025

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LML4804 Assignment 3 (COMPLETE ANSWERS) Semester 2 2025 - DUE 3 September 2025; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us.... Peter is a qualified structural engineer and a South African tax resident. He is married to his childhood sweetheart, Maria, with whom he has two children. The company he worked for, Continental Engineering (Pty) Ltd (CE), experienced financial difficulties caused by Construction mafias, often labelled ‘business forums’. The Construction mafias employed violence and other illegal means to invade construction sites of CE and thereby demanding money or a stake in development projects. This resulting in CE terminating its projected awarded to it. As a result, CE retrenched several engineers including Peter. On his retrenchment, Peter was given a severance package of R3 million for having worked for CE for about ten years. The retrenchment did not sit well with Peter. His medical state deteriorated, and he was in and out of hospital. One evening on his way from the hospital, he was arrested for a suspicion of driving under the influence of alcohol. The officer who arrested him relied on Peter’s slurred speech and poor vision. Peter showed the officer a flu medicine called Bilophys (not a real name) which causes the side effects he was showing. However, the officer took him to the police custody. Peter was kept in police custody for three days without being taken to the district surgeon for blood tests. The Minister of Police was alerted about the situation and offered Peter compensation of R1 million, which he accepted. With all the money in his pocket, Peter embarked on the following transactions: * Sold the house he was staying in with family in Midrand for R2,5 million. He bought for R1,5 million ten years ago; * Before selling the house, he appointed Downtown Real Estate Agency to market and sell the house at a fee of R120 000; * He bought a penthouse worth R2 million in Johannesburg CBD;

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LML4804
Assignment 3 Semester 2 2025
Unique Number: 733857

Due Date: 3 September 2025
QUESTION 1

CAPITAL GAINS TAX CONSEQUENCES OF PETER’S TRANSACTIONS

1. Severance Package (R3 million)

The severance package Peter received upon retrenchment is classified as employment
income under the Income Tax Act, not as a capital gain. It is subject to normal income tax
under gross income and may qualify for exemptions under the retrenchment rules, but it
does not fall within CGT .

2. Compensation from Minister of Police (R1 million)

The R1 million paid as compensation is not connected to the disposal of an asset, but rather
a delictual claim settlement. Since CGT only applies to disposals of assets, this amount is
not subject to CGT .




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