The following information regarding D-Analytics (Pty) Ltd has been provided to you:

• The company analyses consumer spending habits, to facilitate the development of household consumer-friendly applications (apps) based on market trends.

• It is registered in South Africa and its year of assessment ends on 28 February.

• It is a registered VAT vendor making only taxable supplies. For the past few years they have been working on a new idea to improve online advertising associated with commonly used household applications (apps). Their key analyst, Mr Hehure, who worked on the project from the start, resigned on 1 November 2021. Due to Mr Hehure’s knowledge of the project and the exposure he has had to the sensitive information of the intended project, D-Analytics paid a restraint of trade payment of R1 400 000 to him on 30 November 2021. Mr Hehure is restrained from competing with the company or to work for any competitors for two years from the date of payment.

REQUIRED MARKS Discuss whether or not the restraint of trade payment of R1 400 000 paid by DAnalytics (Pty) Ltd will qualify as a deduction in terms of the general deduction formula (section 11(a) read with section 23 of the Income Tax Act) for the year of assessment ending on 28 February 2022. In addition, consider any other section/s of the Income Tax Act, in which the restraint of trade payment might be deductible. List all the requirements and discuss each requirement in relation to the information provided. Include any calculations where necessary.