The South African Income Tax Act (58 of 1962) does not specifically deal with the tax treatment of receipts resulting from illegal activities. Expenditure resulting from illegal activities is also only partly dealt with in terms of Section 23(o) of the Income Tax Act. This has resulted in uncertainty pertaining to the normal income tax treatment of illegal activities within a South African context. In response to this, the South African Revenue Service has issued a draft interpretation note dealing with the tax consequences of embezzlement and theft of money for both the victim as well as the offender during 2013. This draft interpretation note also deals with the normal tax consequences of illegal receipt in the hands of the thief. In an attempt to evaluate this draft interpretation note to clarify the tax consequences of illegal activities in South Africa, the meaning of illegal receipts is firstly determined. Subsequently the concept of „illegal receipts‟ is measured against the definition of „gross income‟ contained in Section 1 of the Income Tax Act. Expenditure relating to illegal activities is also analysed and measured against the general deduction formula contained in Section 11(a) of the Income Tax Act. Relevant principles established from general case law applicable to the definition of gross income as well as the general deduction formula is analysed to determine its applicability within the context of illegal receipts and expenditure. Also, principles established through case law, both nationally and internationally, specifically applicable to the taxation of illegal activities were analysed to establish guidelines that could be applied to clarify the taxability of illegal activities within a South African context. / MCom (South African and International Tax), North-West University, Potchefstroom Campus, 2015

The South African Income Tax Act (58 of 1962) does not specifically deal with the tax treatment of receipts resulting from illegal activities. Expenditure resulting from illegal activities is also only partly dealt with in terms of Section 23(o) of the Income Tax Act. This has resulted in uncertainty pertaining to the normal income tax treatment of illegal activities within a South African context. In response to this, the South African Revenue Service has issued a draft interpretation note dealing with the tax consequences of embezzlement and theft of money for both the victim as well as the offender during 2013. This draft interpretation note also deals with the normal tax consequences of illegal receipt in the hands of the thief. In an attempt to evaluate this draft interpretation note to clarify the tax consequences of illegal activities in South Africa, the meaning of illegal receipts is firstly determined. Subsequently the concept of „illegal receipts‟ is measured against the definition of „gross income‟ contained in Section 1 of the Income Tax Act. Expenditure relating to illegal activities is also analysed and measured against the general deduction formula contained in Section 11(a) of the Income Tax Act. Relevant principles established from general case law applicable to the definition of gross income as well as the general deduction formula is analysed to determine its applicability within the context of illegal receipts and expenditure. Also, principles established through case law, both nationally and internationally, specifically applicable to the taxation of illegal activities were analysed to establish guidelines that could be applied to clarify the taxability of illegal activities within a South African context. / MCom (South African and International Tax), North-West University, Potchefstroom Campus, 2015

The arrival of the Internet and the World Wide Web has had a radical impact on commerce and people’s ability to interact virtually. Through these channels various new methods of earning income have been created. Income earned virtually creates a new type of commerce not previously envisioned whilst the South African Income Tax Act was drawn up. The revenue earned is, however. encompassed in the Act. South African residents have as a result entered the taxation net of the South African Revenue Services without understanding the full implications of being taxed. Of particular importance are the deductions available to residents whose incomes are earned through virtual worlds. The various deductions available in the South African Income Tax Act do not specifically deal with the expenses incurred in the production of virtual world income. South Africans are thus exposed to taxation implications not fully explored by the South African Revenue Services nor the general public. The public needs guidance on this matter and the South African Revenue Services needs further research to be conducted in this area. The study revealed that deductions would be allowed against taxable income earned through conducting virtual world commerce. The general deduction formula should be applied to all expenses. Capital expenses should be researched further, for application in terms of the Act. However, it appears that the Act can be applied to non- capital expenses incurred for trading in virtual worlds. AFRIKAANS : Die aankoms van die Internet en die Wêreldwye Web het reeds ‘n geweldige impak op die handle en mense se vermoëns om virtueel in wisselwerking te wees. Deur middle van hierdie kanale het verskeie nuwe metodes onstaan om ‘n inkomste te verdien. ‘n Inkomste wat virtueel verdien word, skep ‘n nuwe sort handle waarvoor daar geen voorsiening gemaak is toe die Inkomste Belastingswetgewing opgestel is. Die inkomste wat verdien word is wel binne die bestek van die Wetgewing. Suid-Afrikaanse inwoners val dus binne die belastingsnet van die Suid-Afrikaanse Inkomste Dienste sonder om die volle implikasies van die belasting te begryp. Van besondere belang is die belastingsaftrekkings wat vir inwoners, wie se inkomste in die virtuele wêreld verdien word, beskikbaar is. Die verskeie aftrekkings beskikbaar in die Suid-Afrikaanse Inkomste Belastingswetgewing maak nie spesifiek voorsiening vir die uitgawes wat aangegaan word terwyl ‘n inkomste in die virtuele wêreld verdien word nie. Suid Afrikaners word duw aan belastingsgevolge blootgestel wat nie ten volle deur die Suid-Afrikaanse Inkomste Dienste, of die algemene publiek verken is nie. Die publiek het leiding in die opsig nodig en die Suid-Afrikaanse Inkomste Dienste benodig verdere navorsing in die verband. Die studie toon dat aftrekkings toegelaat sou word teen belasbare inkomste wat verdien word, deur handel in die virtuele wêreld te dryf. ‘n Algemene formule moet op alle uigawes toegepas word. Kapitale uitgawes moet verder nagevors word vir toepassing op die Wetgewing. Nieteenstaande, wil dit voorkom dat die Wetgewing op nie-kapitale uitgawes wat in die proses van handel dryf in die virtuele wêreld, toegepas kan word. Copyright 2011, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. Please cite as follows: Moodley, T 2011, A critical analysis of the tax deductibility of expenses incurred in virtual worlds by the South African taxpayer, MCom dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-03092012-112031 / > F12/4/163/gm / Dissertation (MCom)--University of Pretoria, 2012. / Taxation / unrestricted