Assignment 1 Semester 1 2025
Unique #:
Due Date: 7 April 2025
Detailed solutions, explanations, workings
and references.
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, QUESTION 1
Gross Income Application to Mr Xhumalo's Case
Requirement
Resident/Non Mr Xhumalo lives in Gqeberha, South Africa, which makes
resident him a resident. Therefore, the worldwide income principle
applies (s 1, Income Tax Act).
Total amount The amount is R25 000. This is a quantifiable and definite
amount agreed upon in the sales contract. In CIR v
Butcher Bros (Pty) Ltd, it was held that an amount
received in a form other than cash must have an
ascertainable monetary value
In cash or The amount is to be received in cash via a credit
otherwise transaction. Even though it is on credit, it has an
ascertainable value.
Received by, According to the agreement, Mr Xhumalo will only become
accrued to, or in entitled to the money after delivery. As of 15 February
favour of the 2025, he has not yet delivered the goods, so no accrual
taxpayer has taken place. In CIR v People’s Stores (Walvis Bay)
(Pty) Ltd 52 SATC 9, it was established that income
accrues when a taxpayer becomes unconditionally entitled
to it, which is not the case here. Therefore, the amount
has not accrued in the 2025 year of assessment.
During the year of Mr Xhumalo's year of assessment ends on 28 February
assessment 2025. Since delivery is only due on 15 March 2025, which
falls in the next tax year, the income does not fall into the
2025 tax year.
Excluding amounts This amount is from the sale of trading stock (grass
of a capital nature baskets and placemats), which forms part of Mr Xhumalo’s
normal business operations, and is therefore revenue in
nature. Refer to CIR v Visser, which distinguished capital
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