n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Legality and income tax - is SARS 'entitled to' levy income tax on illegal amounts 'received by' a taxpayer? : case comments

Volume 19, Issue 4
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



The purpose of this analysis is to evaluate the principles applied by the courts to determine whether an amount obtained in an illegal manner, is included in the gross income of a taxpayer. The meaning of the phrase 'received by' in the definition of gross income (see s 1 of the Income Tax Act 58 of 1961 ('the Act')), its judicial interpretation, and the latest decision of the Supreme Court of Appeal in MP Finance Group CC (In Liquidation) v Commissioner, South African Revenue Service (2007 (5) SA 521 (SCA)) will be examined.

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