Lutzkie vs SARS – reconsider your stance, but also be able to justify it too
Overview
A summary of the Lutzkie v Commissioner for the South African Revenue Service (1135/2023) [2026] ZASCA 11 (6 February 2026) in which the court had to decide whether an amount received by a taxpayer was taxable income or a loan repayment (thus making it capital in nature and not taxable).
| Author | SAICA (Nomvula Masehla: Lead) |
|---|---|
| Division | Tax |
| Keywords | Lutzike capital vs revenue loan repayment |
| Categories | Tax |
| Date | 18 February 2026 |