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BPR 137: Sale of a business in terms of an intra-group transaction

13 March 2013   (0 Comments)
Posted by: SAIT Technical
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By SARS Legal & Policy

SARS recently issued Binding Private Ruling (BPR) 137.

The ruling concerns the sale of a business in terms of an intra-group transaction and whether –

  • the sale can be seen as a transaction relating to a liquidation, winding-up and deregistration as envisaged under section 47 of the Act; and
  • certain assets may be excluded from the ambit of section 45 of the Act where a business is sold.

The ruling deals with the intrepretation of section 45(6)(e) and (g) and section 47 of the Income Tax Act (1962).

This ruling is valid for a period of 5 years from 16 January 2013.

Please click here to download BPR 137.


Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.


The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.

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