Schreuder, Sharolta2024-06-112024-06-112023-01-26Schreuder, Sharolta . (2023). Disallowing the utilisation of an assessed loss: a survey of South African case law [Master’s dissertation, University of the Witwatersrand, Johannesburg]. WireDSpace.https://hdl.handle.net/10539/38641A research report submitted to the Faculty of Commerce, Law and Management in partial fulfilment of the requirements for the degree of Master of Commerce (Taxation), University of the Witwatersrand, Johannesburg, 2023The purpose of this report is to examine the circumstances in which the utilisation of an assessed tax loss can be disallowed. This research evaluates the provisions of section 20 of the Income Tax Act 58 of 1962 to the effect that the set-off of any balance of assessed loss incurred by a taxpayer (such as a company) in any previous year of assessment is admissible only against income derived by the taxpayer from carrying on a trade. The report focuses on how companies should have regard to the general legal principles laid down in the case law in considering whether they have satisfied the “carrying on [of] a trade” requirement in order to carry forward an assessed loss. The research suggests that taxpayers should also be aware that the South African Revenue Service (“SARS”) may nevertheless invoke the provisions of section 103(2) of the Act to disallow the utilisation of an assessed lossen© 2023 University of the Witwatersrand, Johannesburg. All rights reserved. The copyright in this work vests in the University of the Witwatersrand, Johannesburg. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of University of the Witwatersrand, Johannesburg.Assessed tax lossUtilisationDisallowedSection 20Carrying on a tradeCommercial justificationSolely or mainlyCarry forward an assessed lossUCTDSDG-17: Partnerships for the goalsDissertationUniversity of the Witwatersrand, Johannesburg