Dividends and CTC Flashcards

1
Q

Dividend definition (4)

A
  • A dividend is an amount transferred or applied by a SA resident company
  • it must be a payment for the benefit of a person (doesnt need to be a SH)
  • or it can be a payment on behalf of any person.
  • it must be in respect of a share in the company
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2
Q

Dividend definition, specific inclusions (2)

A
  • distributions in respect of a share

- repurchases of shares

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3
Q

Dividend definition, exclusions (5)

A
  • any amount, to the extent it results in the reduction of the company’s CTC
  • an issue of capitalisation shares in the company
  • an issue of shares as consideration for the shares bought back from the shareholders
  • General repurchase on JSE complying with the JSE Limited Listing Requirements…
  • asset distributed in specie in terms of s31(3) - transfer pricing adjustment
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4
Q

Payments ‘in respect of a share’ will typically be: (4)

A
  1. A distribution of profits to the SH of the company
  2. A repurchase of shares issued by the company (to the extent it is funded by reserves - if funded by CTC, no dividend)
  3. A gratuitous payment by the company to a beneficiary of a trust, where the trust is a SH of the company, and the payment is made because of the trust’s shareholding.
  4. A gratuitous transfer of an asset to the SH of the company, or to someone connected to the SH, because of the shareholding, without formal declaration of a dividend.
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5
Q

CTC definition parts (4)

A
  • non-resident companies which become resident in SA on or after 1 January 2011
  • any other company
  • reduction of contributed tax capital
  • proviso
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6
Q

Summary of CTC

A
  1. Determine the balance of CTC at 1 January 2011 by taking Stated Capital and subtracting any amounts that were transferred there from retained earnings (so as to only be left with amounts received from SH)
  2. Add any consideration received from SH’s for shares issued on or after 1 January 2011.
  3. Subtract amounts of CTC already returned to SH
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