Division 1 — Charge to Tax
(1) Subject to subsections (5) and (6), tax shall be charged for each year of income on the chargeable income for that year of every person.
(2) The persons chargeable to tax shall be those persons specified in Division 2 of this Part.
(3) Subject to Part 7, the chargeable income of a person is ascertained by deducting from the person's assessable income any amounts which is allowable under Part 6.
(4) The tax payable by a person is calculated in accordance with Part 8.
(5) Where income ascertained in accordance with Part 5, accrues directly or indirectly to a non-resident person, from any source, other than from the exercise of employment or the carrying on of business through a permanent establishment, such income shall not form part of the assessable income of such person and the gross amount of such income is liable to withholding tax in accordance with sections 76 and 80.
(6) Where income accrues to any person by way of a cash benefit payable from an approved pension fund or on the surrender of a life assurance policy, in circumstances where a separate charge to tax is created, such income shall not form part of the assessable income of such person and the gross amount thereof is liable to withholding tax in accordance with sections 53(5) or 63(14) as the case may be. (Amended by Act 12 of 2017)
(Amended by Act 18 of 1990)