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Court Cases - Coggle Diagram
Court Cases
Positive test
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actually incurred
NasionalePers Bpkv KBI
Principle
- If payment is contingent upon the happening of an uncertain future event, the expense and corresponding liability can only be actually incurred once the conditions are met,
Edgars Stores Ltd
Principle
- An expense can only be deducted once there is an unconditional legal obligation to pay the expense
Golden Dumps
Principle
- Where an obligation to pay an amount is in dispute, the expense can only be actually incurred when the dispute is settled with regards to the obligation and the amount thereof
Labat
Principle:
- An expense is deemed to be incurred by the company where it issues shares as consideration for acquiring an asset
- Shares issued for services rendered = not expenditure incurred
not of a capital nature
New State Arreas
- Cost of establishing/improving/ adding income earning plant is capital in nature therefore not deductible
- Cost of performing income earning operations which is revenue in nature therefore deductible
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BP SA
The legal categorization of a payment doe not determine whether it is capital or revenue in nature but rather the purpose of the expenditure
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Trade
Burgess
- Trade’ must be given a wide interpretation