TAX4862 TL107 - 2019 Slides 1 Per PG
TAX4862 TL107 - 2019 Slides 1 Per PG
TAX4862 TL107 - 2019 Slides 1 Per PG
2019
Individuals, Employees’ Tax,
Provisional Tax, TAA
and Estate Duty
Define Tomorrow.
Define tomorrow
TL107 - Individuals
• Overview
• Travel Allowance
• Use of a motor vehicle
• Share incentive schemes
• Tax-free investments (s12T)
• Medical tax credits
• Section 11F contributions
• Lump sums
2
TL107 - Other
• Employees’ tax
• Provisional tax
• Tax Administration
• Deceased Estates and Estate
Duty
3
Individuals
• Most of what you have learned so far in all the other TLs is equally
applicable to individuals. When dealing with an individual taxpayer, the
tax framework remains in essence the same. You commence with
determining 'gross income‘, then ‘income’ and eventually ‘taxable income’.
• There are however a few sections which are specifically applicable to
individual taxpayers which you need to study. These sections are
summarised in these slides.
• When studying individuals, make use of the extensive frameworks in Silke
par 7.1 and in TL 107 par 15.6 for reference purposes.
• Remember to take special notice of the following information provided in
a question:
• age (whether <65 or ≥65 or ≥ 75 years of age)
• marital status (whether married in / out of community of property)
• physically disabled – whether the person or his/her dependants are
physically disabled (if members of a medical aid fund)
• SA resident or not?
4
Framework – taxable income INDIVIDUALS
Gross income (including lump sums received but included in a separate column)
XXX
Add: Specific inclusions in income (s 7(2), 7(2A), 7A, 7(3) – 7(8), 7(11) and 8C)
Less: Exempt income (s 10, 10A, 10B, 10C, 12T) ( XXX )
= INCOME Limitations imposed by s23(m)
XX
Less: Deductions and allowances
Trade and special deductions (s 11(nA) and s 11(nB)) ( XXX )
ASSESSED LOSSES (s 20 & s 20A)
Subtotal ❶
O XX
Add: Specific inclusions in taxable income R XXX
XXX
Add: Unexpended portion of allowances (s 8(1)(a)) NEW
Subtotal ❷ D XX
Add: Taxable capital gain (s 26A) E XXX
Subtotal ❸ XXX
Less: Retirement Fund Contributions (s 11F)
R
(XXX )
Taxable income
Subtotal ❹ NOT income! XX
Less: Donations (s 18A) (XXX)
TAXABLE INCOME XX
Normal tax liability
8
Taxation of married couples
9
Taxation of married couples
2019/06/24 10
Taxation of married couples
11
Separation, divorce and maintenance orders
12
INDIVIDUALS – FRINGE BENEFITS
TRAVEL ALLOWANCE
BASIC FRAMEWORK AND
EXPLANATIONS
Define Tomorrow.
13
Allowance vs. Fringe Benefit
What is the difference?
Allowance Fringe Benefit
Cash value
Gross income
Framework – taxable income INDIVIDUALS
Gross income (including lump sums received but included in a separate column) Fringe XXX
Benefits
Add: Specific inclusions in income (s 7(2), 7(2A), 7A, 7(3) – 7(8), 7(11) and 8C)
Less: Exempt income (s 10, 10A, 10B, 10C, 12T) ( XXX )
= INCOME Limitations imposed by s23(m) XX
Less: Deductions and allowances
Trade and special deductions (s 11(nA) and s 11(nB)) ( XXX )
ASSESSED LOSSES (s 20 & s 20A)
Subtotal ❶
O XX
Add: Specific inclusions in taxable income R XXX
XXX
Add: Unexpended portion of allowances (s 8(1)(a)) Allowances
Subtotal ❷ NEW D XX
Add: Taxable capital gain (s 26A) E XX
Subtotal ❸
Less: Retirement Fund Contributions (s 11F)
R XX
(XXX)
Subtotal ❹
Taxable income XX
NOT income!
Less: Donations (s 18A) (XXX)
TAXABLE INCOME XX
Allowances received (section 8(1)(a) – (c))
Silke also comments on this, regarding subsistence allowance, on page 189: “ An employee can only claim
expenditure against a subsistence allowance if the allowance is paid on an ad hoc basis. A deduction will not
be allowed if an employee’s remuneration package is structured to include a fixed amount for subsistence
purposes”.
18
Travel allowance received (section 8(1)(a) & (b))
19
Travel allowance received (section 8(1)(a) & (b))
20
EXAMPLE 1: Travel allowance
21
EXAMPLE 1: Travel allowance
22
EXAMPLE 1 - SOLUTION: Travel allowance
Calc
Total km 34 000 km
Less: Private km (19 000 km)
Business km 15 000 km
23
Travel allowance received (section 8(1)(a) &
(b))
24
EXAMPLE 1 - SOLUTION: Travel allowance
R
ACTUAL COST per km:
Wear and tear (R595 000/7) 85 000
Fuel costs 31 000
Maintenance costs 18 000
Insurance 19 000
Finance costs (already limited finance costs on R595 000) 45 000
License cost 600
Fine (ITC 1490 (1990) and s 23(o)) -
Total actual costs 198 600
25
EXAMPLE 1 - SOLUTION: Travel allowance
R R
Total deemed cost per km 699,8c
Total actual cost per km (R198 600/34 000km) 584,1c
Use greater – therefore DEEMED
26
EXAMPLE 2: Travel & reimbursive allowance
27
EXAMPLE 2 - SOLUTION: Travel & reimbursive
allowance
R R
Total deemed cost per km 699,8c
Total actual cost per km (R198 600/34 000km) 584,1c
Use greater – therefore DEEMED
28
Subsistence allowance received
(section 8(1)(c))
30
Assets acquired at less than actual value –
par 2(a) & 5
31
Use of sundry assets – par 2(b) & 6
32
INDIVIDUALS – FRINGE BENEFITS
USE OF A MOTOR VEHICLE
BASIC FRAMEWORK AND
EXPLANATIONS
Define Tomorrow.
33
Right of use of motor vehicle – par 2(b) & 7
34
Right to use a motor vehicle (par 7)
Taxable benefit? 7th Schedule
Per vehicle
Lease Lease
Purchase Other Purchase Other
agreement agreement
NOT operating lease NOT operating lease
Cash Value
Instalment
Credit
= Agreement
Terminology
R150 000 R166 667
Dealer Billing
Retail Market
Price (ex VAT)
Value
Cost (ex VAT)
Determined Cash Value
value
ICA
LESS:
R150 000
R150 000 x 85%
18 months > 12 months = R127 500
Acquired by
employer > 15% reducing
12mths before balance method for = R xxxx
employee each completed
granted right of year
use Determined
value
Right of use of motor vehicle – par 2(b) & 7
40
Right of use of motor vehicle – par 2(b) & 7
41
Right of use of motor vehicle – par 2(b) & 7
42
Right of use of motor vehicle (par 7)
Employee’s Tax Part 3
5 Reduce amounts paid by employee for right of use “Cash equivalent value”
Right of use of a MV Before 1 Mar 15
→ Cost incl. VAT
John received the use of a company owned Audi Q7 2012 model on 1 March
2016, which cost his employer R510 000 (incl. VAT), cash, second hand from
Audit Centre Brooklyn two years ago (1 February 2014).
John bears the full cost of maintenance, insurance and licencing of the vehicle. He kept
accurate records of his actual expenses: 15% reducing balance method
According to his logbook he travelled a total distance of 34 000km for the year,
of which 19 000km were for private purposes 15 000 business km
49
Residential accommodation – par 2(d), 9 & 10A
50
Holiday accommodation – par 2(d) & 9
2019/06/24 51
Free or cheap services – par 2(e) & 10
52
Low-interest loans – par 2(f) & 11
53
Housing subsidies – par 2(g), (gA) & 12
54
Discharge or payment of obligation –
par 2(h) & 13
55
Contributions to a benefit fund – par 2(i) & 12A
Silke 8.4.14.
56
Costs incurred relating to medical services
(par 2(j) & 12B)
• Taxable benefit if employer incurs costs in respect of any
medical, hospital or nursing services or medicine costs provided
to employee or dependants.
• No value on benefit if incurred for employee
• Prescribed minimum medical benefits provided to employees or
dependants of employee (see Silke 8.4.15.)
• The person has retired from the employ of that employer by reason of
age or ill health.
• Dependants of a deceased employee or retired deceased employee
• Employee ≥ 65 years
• Services rendered to employees in general at their place of work for
better performance of their duties.
• Services rendered or medicine supplied for complying with any law.
• Silke 8.4.15 & Example 8.20
• See also par 12C (insurance premiums) & 12D (retirement fund
contributions) fringe benefits. See SILKE pg 215 - 217
57
INDIVIDUALS – FRINGE BENEFITS
PENSION & MEDICAL
CONTRIBUTONS & DEDUCTIONS
BASIC FRAMEWORK AND
EXPLANATIONS
Define Tomorrow.
58
“On behalf of” and “for the benefit of”
Pension and Provident fund Medical aid fund contributions
contributions
Employer pays his portion of the Employer pays his portion of the
contribution (for the benefit of the contribution (for the benefit of
employee) employee)
= fringe benefit ito par 2(l) = fringe benefit i.t.o par 2(i)
Employer pays employee’s portion of Employer pays employee’s portion of
contribution (on behalf of employee) contribution (on behalf of employee)
= fringe benefit i.t.o par 2(h) = fringe benefit i.t.o par 2(h)
Employer deducts employee’s Employer deducts employee’s
portion from salary of employee and portion from salary of employee and
pays over to the fund for the benefit pays over to the fund for the benefit
of the employee of the employee
= no fringe benefit = no fringe benefit
59
EXAMPLE 4: Medical aid contributions
• Medical aid contributions paid for the benefit of John (60yrs old) by
his employer amounted to R24 000 for the 2019 y.o.a.
• John, Joanie (20yr old daughter) and James (16yr old son) are the
only dependants of the medical aid fund. They are not “disabled”.
John contributed the same amount as his employer to the medical aid
fund according to the rules of the fund.
• James was injured at the company fun day and John’s employer paid
R1 500 for the emergency room cost.
• Other qualifying medical expenses paid by John amounted to
R11 000. Of this amount only R2 500 was refunded by the medical
aid.
• Assume a taxable income (before taking the above medical aid
information into account) of R345 000.
60
EXAMPLE 4 - SOLUTION: Medical aid contributions
R R
A) Fringe benefit
Medical aid contributions paid by employer 24 000
Emergency room cost for James 1 500
Total Fringe Benefit 25 500
61
EXAMPLE 4 - SOLUTION: Medical aid
contributions
R R
B) Taxable income
Taxable income before medical taken into account (given) 345 000
Employers contribution – fringe benefit 24 000
Emergency costs: John – fringe benefit 1 500
Total fringe benefit 25 500 25 500
62
EXAMPLE 5: Medical aid contributions
• Medical aid contributions paid for the benefit of John (60yrs old) by his
employer amounted to R24 000 up until retirement on 31 December 2018.
John’s employer continued to pay R2 400 per month to John’s medical
aid for the remaining two months of the financial year.
• John, Joanie (20yr old daughter) and James (16yr old son) are the only
dependants of the medical aid fund. They are not disabled. John contributed
the same amount as his employer to the medical aid fund for the entire year
of assessment (R24 000 + R2 400 x 2), according to the rules of the fund.
• James was injured at the company fun day (in June) and John’s employer
paid R1 500 for the emergency room cost.
• Other qualifying medical expenses paid by John amounted to R11 000. Of this
amount only R2 500 was refunded by the medical aid.
• Assume a taxable income before (before taking the above medical aid
information into account) of R345 000.
A) Calculate the fringe benefit amount to be included in the taxable
income of John for the year ended 28 February 2019.
B) Calculate John’s taxable income for the year ended 28 February 2019.
63
EXAMPLE 5 - SOLUTION: Medical aid
contributions
R R
A) Fringe benefit
Medical aid contributions paid by employer 24 000
Post-retirement contributions paid by employer ≠ -
fringe benefit (par 12A of 7th Sch)
Emergency room cost for James 1 500
Total Fringe Benefit 25 500
64
EXAMPLE 5 - SOLUTION: Medical aid
contributions
R R
B) Taxable income
Taxable income before medical information (given) 345 000
Employers contribution (pre-retirement) 24 000
Employers contribution (post-retirement) ≠ fringe
benefit -
Emergency costs: John – fringe benefit 1 500
Total fringe benefit 25 500 25 500
Taxable income for 2019 y.o.a 370 500
65
Vesting of equity instruments (directors and
employees) – section 8C
67
Vesting of equity shares by
a director or employee (section 8C) IN 55
No donations tax
S58(2): Deemed donation (@MV) if disposed of before vesting to
Donations tax
CP/non-arms length + see s56(1)(k)(ii)
Par 11(2)(j): Non-disposal (if not yet vested)
CGT Par 20(1)(h)(i): BC = MV on date instruments vests
Sec 9H(4)(e): no disposal when cease to be resident (if68not yet vested)
Exempt income – s 10, 10A, 10B, 10C, 12T
• • Exemptions are very important. Ensure that you mark them in your
Act and know how to apply them.
• Exemptions are covered in Silke chapter 5 and TL104.
• Only certain exemptions will be covered in these slides.
• The interest (s 10(1)(i)), local dividend (s 10(1)(k)) and foreign
dividend (s 10B) exemptions are always very important.
• Take note - section 10C exemption for non-deductible
contributions from compulsory annuities received. See Silke
par 9.4 in this regard.
69
Interest exemption (section 10(1)(i))
70
Interest exemption (section 12T)
71
Investment contribution limit
Contribution limits:
Contribution limits not
• Annual - R33 000 affected by:
• Life time - R500 000 • Amounts received from a Tax
Free Investment and re-
Transfers from one individual (estate) invested in the Tax free
to another = contribution subject to
Investment.
above limits • Transfers between Tax Free
Investments
REQUIRED:
a) Determine whether Charles exceeded the annual
contribution limit to the TFI and discuss the tax
implications for Charles.
b) Calculate Charles’ taxable income for that YOA
73
Solution – Part a
Description Amount
Total contribution to TFI R35 300
As the total contributions did not exceed R33 000 during the YOA,
no additional normal tax would be payable
If his total contributions for the YOA amounted to R35 300 (with no reinvested
amounts included in this figure), then the tax effect would be as follows:
TAXABLE INCOME R0
Should Charles have received other interest, this interest would have been subject to
the s10(1)(i) interest exemption
The R800 dividend received will be exempt from dividends tax ito
s64F(1)(o)
75
Dividend exemption (LOCAL dividends) –
section 10(1)(k))
slide)
76
Dividend exemption (FOREIGN dividends) (section 10B)
77
Trade income Passive income
Individual Employment Mainly
receiving income Business
commission
Rental Taxable Fully exempt
income income income income
income (> 50%)
Gross income Interest
Salary / Agents or
Trade received /
commission representatives Income from Local dividends
(business) foreign
(<50%) / earning letting received
income as dividends
restraint of remuneration assets, e.g.
sole trader received / Interest/Dividends/
trade / shares / (mainly) in the fixed Capital gains on Tax
or in purchased Free Investments
fringe benefits / form of property
partnership annuity /
allowances etc. commission
pension
Less: Exempt s 10(1)(k) -
s 10(1)(nA), s 10(1)(i)(xv)
income dividend
(nB), (nC), (nD), s 10B
exemption
(nE) and (x) s 10A
S 12T
INCOME
78
Trade income Passive income
Individual
Employment Mainly
receiving income
Business Rental Taxable Fully exempt
commission
income
income (> 50%)
income income income
INCOME R nil
Less: s 23(m) - All general s 23(m) is not All general Interest s 23(f) - prohibits
Deductions prohibits the and special applicable; and and special incurred the deduction of
and deduction of deductions all general and deductions may be expenses i.r.o
allowances any s 11 and capital special and capital deducted amounts that do
expenditure allowances deductions and allowances from not constitute
relating to relating to capital relating to interest INCOME - see
See Silke 6.5 employment, trade - s allowances trade - s received, Silke 6.5.6
except for ……... 11(a) etc. relating to trade 11(a) etc. but limited (apportionment)
– see next slide - s 11(a) etc. to income
from
interest.
Assessed losses - s 20 & 20A
18A
(Deduction i.t.o s 18A allowed only if taxable income – cannot create or increase a loss)
79
INDIVIDUALS
Allowable
deductions
Define Tomorrow.
Define tomorrow
S 23(m) – Allowable deductions
(for employees and office holders)
81
Repayment of employee benefits – s 11(nA) & s
11(nB)
82
Assessed losses - s 20 (SILKE 12.12)
83
Assessed losses – s 20A (SILKE 7.1.1)
84
Framework – taxable income INDIVIDUALS
Gross income (including lump sums received but included in a separate column)
XXX
Add: Specific inclusions in income (s 7(2), 7(2A), 7A, 7(3) – 7(8), 7(11) and 8C)
Less: Exempt income (s 10, 10A, 10B, 10C, 12T) ( XXX )
= INCOME Limitations imposed by s23(m)
XX
Less: Deductions and allowances
Trade and special deductions (s 11(nA) and s 11(nB)) ( XXX )
ASSESSED LOSSES (s 20 & s 20A)
Subtotal ❶
O XX
Add: Specific inclusions in taxable income R XXX
XXX
Add: Unexpended portion of allowances (s 8(1)(a))
Subtotal ❷ D XX
Add: Taxable capital gain (s 26A) E XXX
Subtotal XX
❸ Fund Contributions (s 11F)
Less: Retirement
R (XXX)
Subtotal Taxable income XX
❹ NOT income!
Less: Donations (s 18A) (XXX)
TAXABLE INCOME XX
Framework - Normal tax liability
R
NORMAL TAX PAYABLE @ normal tax rates on taxable income i.t.o section 5 XXX
Less: Section 6(2) rebates (XXX)
Subtotal (if negative, must be Rnil) XXX
Less: Section 6quat rebate (XXX)
Add: Normal tax payable @ applicable rates on taxable income XXX
from lump sums received (separate tax tables)
Less: Section 6A medical scheme fees tax credit (XXX)
Less: Section 6B additional medical expense tax credit (XXX)
NORMAL TAX LIABILITY (A) XXX
Less: All pre-paid taxes (PAYE, provisional tax, s 35A withholding taxes) (XXX)
NORMAL TAX (DUE TO) / DUE BY TAXPAYER XXX
Withholding taxes
Add: Withholdings tax on dividends (s64EA(a)) XXX
TOTAL LIABILITY FOR WITHHOLDING TAX ON NATURAL PERSON (B) XXX
TOTAL TAX LIABILITY OF A NATURAL PERSON (A + B) XXX
From
Monthly PF, PF2 & RAF contributions 1 Mar
2016
Employer Employee
contributions + contributions
(for employee)
RAF - Deductible
= Fringe benefit BUT LIMITED (see
next slide)
(for employee)
Lesser of:
1 R350 000 R350 00
OR
2 27,5% x Greater of: A REMUNERATION Rxxx Rxxx
Rxxx Limited to
OR B Taxable income Rxxx actual
3 Taxable
income
(before CGT)
= S11F
deduction
89
Fourth
REMUNERATION Schedule
But excluding:
Any pension or additional pension under the Aged Persons Act, the Blind
Persons Act, any disability grant or additional supplementary allowance
under Disability Grants Act or Children’s Act
91
Section 11F deduction
92
Section 11F deduction
Solution
R
Gross income
Salary 180 000
1 Fringe benefit (employer contribution to fund) 36 000
Rental income 35 000
Less: Deductions (rental expenses – s11(a)) (5 000)
Travel allowance 80 000
Add: Taxable CG (R125K x 40% = R50K-R40K) 10 000
Define Tomorrow.
97
Lump sums received from funds or employers
par (d), (e) (eA) & (f) of the ‘gross income’ definition
Retirement benefit =
From
retirement rates
retirement
fund
Withdrawal benefit =
withdrawal rates
99
Lump sums – tax tables
Calculation of the tax on lump sums
On Assessment Normal Tax Liability
1 Calculate aggregate NET lump sums (life time) R XXX
(RXXX)
2 2 RXXX
Withdrawal benefit Table Retirement benefit Table
• Par (d) & (f) of ‘gross income’ – include the gross amount
received in ‘gross income’ - read detail in Silke par 9.2.1 and
9.2.2.
• Includes ‘severance benefits’ received – defined is section 1.
• ‘Severance benefit’ is;
• Any lump sum amount, other than from a fund
• Received from employer
• In respect of termination (etc...) of office or employment,
if
• Person ≥ 55 years of age, or
• Due to sickness or redundancy.
• Remember the split between either severance which is a retirement amount OR
normal lump sum on termination of employment which is included in normal
taxable income.
102
Lump sums received from funds
par (e) & (eA) of ‘gross income’
• Par (e) & (eA) of ‘gross income’ include the net amount
received in ‘gross income’.
• Net amount = gross amount received less allowable
deductions (par 5 & par 6):
• Contributions not allowed as deduction i.t.o s 11F
• Amounts transferred to another fund i.t.o divorce orders
• Amounts transferred to other funds
• Unclaimed benefits previously taxed transferred to a PPF or
PPF2
• Exempt portion of a lump sum transferred from a public sector
pension fund (PSPF)
103
Calculation of normal tax liability on lump
sums received
• Although lump sums received are included in ‘gross income’ and therefore
of ‘taxable income’, they must be kept separate as they are taxed at
different rates of tax than other ‘taxable income’.
• Applicable rates are set out on page 372/373 of the 2018/2019 SAICA
Legislation Handbook.
• Normal tax liability on lump sums is calculated on a cumulative basis and
the following must be included:
• The lump sum received
• Plus: Severance benefits received on/after 1 March 2011
• Plus: Withdrawal benefits received on/after 1 March 2009
• Plus: Retirement benefits received on/after 1 October 2007.
• Remember to deduct the notional amount of normal tax.
• Very important – the tax needs to be calculated separately on each type of
lump sum received, but cumulatively. Therefore – place lump sums received in one
year in date sequence and calculate accordingly. See Silke example 9.7.
104
EXAMPLE 11: Lump sum benefits
Calculate the taxable income and tax liability of the lump sums for the 2019 YOA
105
EXAMPLE 11 – SOLUTION: Lump sums
Tax liability (R118 000 – R22 500) x 18% (Assume table 17 190
used for 2016 year of assessment)
106
EXAMPLE 11 – SOLUTION (cont.): Lump
sums
TAXABLE INCOME – LUMPSUMS R R
Taxable income
C RAF retirement – 20/05/2016
Lump sum 70 000
Less: Par 6 deductions (disallowed deductions):
Provident fund contributions disallowed used
RAF contributions disallowed (7 000)
Pension fund contributions disallowed
(R33 500 – R32 000 used above) (1 500)
Taxable portion of lump sum 61 500
Tax liability (R118 000 + R61 500) < R500 000 (Assume 0
2016 year of assessment table used)
107
EXAMPLE 11 – SOLUTION (cont.): Lump
sums
TAXABLE INCOME - LUMPSUMS R R
Taxable income
A Pension Fund retirement – 31/10/2018
Lump sum 750 000
Less: Par 6 deductions (disallowed deductions):
Provident fund contributions disallowed used
RAF contributions disallowed Used
Pension fund contributions disallowed :P/Y
(R37 400 – (R32 000 + R1 500 used above)
disallowed in 2018* (3 900)
Taxable portion of lump sum 746 100
Current year contributions limit calculated in terms of new s11F
– assume taxable income = remuneration
108
EXAMPLE 11 – SOLUTION (cont.): Lump
sums
TAXABLE INCOME - LUMPSUMS R R
Total taxable income (all lump sums) 925 600*
*(R746 100 + R61 500 + R118 000)
Tax liability on lump sums:
Tax per retirement table on total aggregate of lump sums 96 912
(R925 600 – R700 000) x 27% + R36 000
Reduce by Hypothetical tax on prior aggregate lump
sums (R61 500 + R118 000 = R179 500)
Hypothetical tax on prior lump sums taxed on current
year tax tables
(R179 500 < R500 000) , thus no tax 0
Tax liability on lump sums for 2019 YOA 96 912
109
Qualifying donations – s 18A (SILKE 7.4.2)
• Deduction available only for qualifying donations
• Qualifying donation = donations to PBO’s undertaking
certain activities as listed in PART II of the 9th Schedule.
(This information will be supplied in a question).
• Deduction is limited to 10% of taxable income before
this deduction and excluding lump sums from
retirement funds. (order of deductions is NB!)
• Excess deduction c/f to next year (no limit on c/f)
• If taxpayer has no taxable income or an assessed loss,
no deduction can be claimed. It cannot create or
increase an assessed loss.
• Companies and CC’s qualify as well.
• Must have section 18A receipt.
110
INDIVIDUALS
Medical Tax Credits
TL107/
2019
Define Tomorrow.
Define tomorrow
Framework - Normal tax liability
R
NORMAL TAX PAYABLE @ normal tax rates on taxable income i.t.o
section 5 XXX
Less: Section 6(2) primary, secondary and tertiary rebates (XXX)
(Primary – R14 067, Secondary – R7 713, Tertiary – R2 574)
Subtotal (if negative, must be Rnil) XXX
Less: Section 6quat rebate (XXX)
Add: Normal tax payable @ applicable rates on taxable income from XXX
lump sums received (separate tax tables)
Less: Section 6A medical scheme fees tax credit (XXX)
(R310 + R310 + R209 for each additional dependant)
Less: Section 6B additional medical expense tax credit (XXX)
NORMAL TAX LIABILITY XXX
Less: All pre-paid taxes (PAYE, SITE, provisional tax, s 35A withholding
taxes i.r.o non-residents) (XXX)
NORMAL TAX (DUE TO) / DUE BY TAXPAYER XXX
Medical tax credits
(SILKE 7.2.2)
114
Medical tax credits
(SILKE 7.2.2)
115
EXAMPLE 8 - Medical tax credits
116
EXAMPLE 8 - Medical tax credits
117
EXAMPLE 8 - Medical tax credits
35 000
118
EXAMPLE 8 - Medical tax credits
R R
Section 6A tax credit (R620 + R209) x 12 (9 948) (1)
Section 6B tax credit
Medical aid fund contributions:
Own contributions 17 500 (½)
Fringe benefit – par 12A, 7th Schedule 17 500 (½)
35 000
Less: Section 6A medical scheme fees tax credit
((R620 + R209) x 12 x 4)) (39 792) (1)
119
EXAMPLE 8 - Medical tax credits
121
EXAMPLE 8 - Medical tax credits
R R
35 000
122
EXAMPLE 8 - Medical tax credits
R R
Section 6A tax credit (R620 + R209) x 12 (9 948) (1)
Section 6B tax credit
Medical aid fund contributions:
Own contributions 17 500 (½)
Fringe benefit – par 12A, 7th Schedule 17 500 (½)
35 000
Less: Section 6A medical scheme fees tax credit
((R620 + R209) x 12 x 3)) (29 844) (1)
Subtotal (if negative then Rnil) 5 156
(5)
123
EXAMPLE 8 - Medical tax credits
124
TL107
EMPLOYEES AND PROVISIONAL
TAXES
Define Tomorrow.
125
Employees’ tax – 4th Schedule
See
definitions in
par 1 of 4th
• Remuneration – know what is included/excluded – Silke 10.2. Schedule
127
Provisional tax – 4th Schedule
128
Provisional tax – par 20 of 4th Schedule
129
Provisional tax – 4th Schedule
130
Basic amount par
19(d)
Is the year of assessment used as the BASIC AMOUNT > 18 months before the
date of prov. pmt
1st
28 Feb 2017 -31 Aug 2018 =
NO Can use as BASIC amount 18 mths
OR
134
Tax Administration
Act
Define Tomorrow.
Define tomorrow
Tax Administration Act – Definitions
s1
Business Day
Date of assessment
Self-assessment
Record keeping
s29
• Keep documents:
• To observe requirements of Tax Acts;
• Specifically required under Tax Act or Public Notice;
• To enable SARS to verify above.
Burden of proof
s102
• Taxpayer has burden of proving: SARS has burden of proving:
• Exempt or not taxable; * Estimation of assessment reasonable
• Deductible or may be set off * Reasons for understatement penalty
• Rate of tax
• Qualifies for a reduction of tax payable
• Valuation is correct
• Decision (subject to objection/appeal) is incorrect.
143
TAA – Payment and penalties
Payment of tax pending objection/ appeal s164
S221 -
Understatement penalties 224
144
Ethics
• Fundamental principles for ethics:
Integrity
Objectivity
Professional competence and due care
Confidentiality
Professional behavior
Document on ethics:
myUnisa
Additional resources
Ethics and the tax practitioner
2019/06/24 145
Ethics
• Purpose and principles of code of conduct
• Relationship with tax clients
• Tax planning, tax avoidance and tax
compliance
• Tax files and working papers
• Legal professional privilege
• Irregularities and errors
• Money laundering
• Tax practitioner and the Tax Administration Act
2019/06/24 146
DECEASED
ESTATES
TAX4862 ONLY
Define Tomorrow.
Estate duty - Framework
Estate Duty Act no 45 of 1955
• Property: section 3(2) Houses, cars, paintings, etc Lump sums,
• Add: Deemed property: section 3(3) & (5) insurance
proceeds
• Less: Deductions section 4 (incl 4(q))
= Net value of the estate
To surviving spouse, masters’ fees,
Less: Abatement (section 4A): executors
R3 500fees, 000 tax liabilities
• x Dutiable amount at
20% (first R30 million)
25% (above R30 million)
• Students do not need to know HOW to calc a
usufruct but must be able to apply it
148
Estate duty - Changes NB
149
Capital gains tax of an estate
(s 9HA and s 25)
151