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Tax > Individuals > Flashcards

Individuals Flashcards

1
Q

What are the rebates for the 2012 year of assessment?

A

Primary: R10 755
Secondary: R6 012 (for 65 years and older)
Tertiary: R2 000 (for 75 years and older)

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2
Q

What are the tax thresholds for the 2012 year of assessment?

A

Person under 65: R59 750
Person between 65 and 75: R93 150
Person over 75: R104 261

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3
Q

List the specific inclusions for individuals’ gross income.

A

Paragraph a: annuities
Paragraph b: alimony or maintenance
Paragraph c: services rendered
Paragraph (cA): restraint of trade payments
Paragraph d: lump sum benefits
Paragraph e: pension, provident and retirement annuity fund benefits
Paragraph f: commutation of amounts due under any contract of employment or service
Interest income
Paragraph i: fringe benefits
Paragraph k: dividends
Paragraph l: farming subsidies received
Paragraph n: recoupments and other inclusions

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4
Q

What are the exempt income for individuals? For the 2012 year of assessment.

A

Dividends: R3 700

Interest: R22 800(under 65)
              R33 000(over 65)
(first dividend then interest; offset the R3700 from interest amount)
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5
Q

List the deductions allowed for individuals.

A
  1. Pension fund contributions (section 11(k))
  2. Retirement annuity fund contributions (section 11(n))
  3. Donations (section 18A)
  4. Medical, dental and other health expenses (section 18)
  5. Legal fees (section11(c))
  6. Doubtful debts (section 11(j))
  7. Bad debts (section 11(i))
  8. Wear and tear (section 11(e))
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6
Q

What is deductible in terms of medical aid contributionsby individuals

A

Deduction are:

  1. Any contributions made by taxpayer to scheme or fund (taxpayer, spouse, child or dependent)
  2. Any amount paid by taxpayer to:
    • medical practitioner, dentist… For professional service rendered or medicines (TP,S,C,D)
    • nursing home, hospital or nurse due to illness or confinement (TP,S,C,D)
    • pharmacist for medicines supplied on prescription (TP,S,C,D)
  3. Amounts (not covered by medical scheme) paid by taxpayer during year of assessment for expenditure incurred outside Republic on service, medicine
  4. Expenditures (not covered by medical scheme) necessarily incurred to paid by TP consequence physical disability
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7
Q

Who is considered to be a child in terms of the act

A

Child= alive potion year, unmarried on the last day of assessment, would been alive and not older than:
- child child>18 years
Wholly or partly dependent for maintenance upon TP
Not liable for payment of normal tax
- 26 years>child>21 years
Wholly/partly dependent for maintenance upon TP
Not liable for payment of normal tax
Full-time student at an education institute
Or
Child of any age that is:
- disabled (physically or mentally)
- regardless of age and martial status
- not liable for payment of normal tax
- not capable of maintaining him/herself due to disability

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8
Q

What are the deduction for medical aid contribution?

A

Deduction:
1. 65 or older=
No limits (all amounts can be deducted)

  1. Younger than 65 with family member disability=
    Meets the definition of disability
    Deduct all qualifying medical costs
  2. Younger tha 65 without handicapped family member=
    Step 1: calculate family limits
    - R720 per month for taxpayer
    - R720 for first dependent
    - R440 for each other dependents
    Step 2: determine contribution paid by employer and taxpayer
    Step 3: contribution paid by the employer is included in gross income as taxable fringe benefit
    Step 4: calculate medical aid contribution deduction
    Deduction = contribution made by taxpayer plus any fridge benefits
    NB: the deduction is limited to family limit!
    Step 5: calculate the qualifying medical expenses
    Medical aid contribution that was not deducted in step 4 plus any allowable expenses paid by the taxpayer
    Step 6: calculate the medical expense deduction
    Qualifying expense in step 5 less 7.5% of taxable income after medical aid contribution is deducted.
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9
Q

How to calculate the medical aid contribution deductions for person under 65 without handicapped family member?

A

Younger tha 65 without handicapped family member=
Step 1: calculate family limits
- R720 per month for taxpayer
- R720 for first dependent
- R440 for each other dependents
Step 2: determine contribution paid by employer and taxpayer
Step 3: contribution paid by the employer is included in gross income as taxable fringe benefit
Step 4: calculate medical aid contribution deduction
Deduction = contribution made by taxpayer plus any fridge benefits
NB: the deduction is limited to family limit!
Step 5: calculate the qualifying medical expenses
Medical aid contribution that was not deducted in step 4 plus any allowable expenses paid by the taxpayer
Step 6: calculate the medical expense deduction
Qualifying expense in step 5 less 7.5% of taxable income after medical aid contribution is deducted.

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10
Q

Steps to calculate the allowable deduction in terms of pension fund contribution.

A

Pension contributions are deductible in terms of section 11(k) but are limited to the greater of:
- R1 750 or
- 7.5% of RFE (retirement funding employment) income
But limited to actual contribution.
The excess is not carried forward to the next year!

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11
Q

What is RFE (retirement funding employment) income?

A 
RFE is employment in respect of which he/she receives remuneration subject to the provisions of Schedule 4
Example: 
Salary = RFE income
Bonus = non-RFE income
Interest = non-RFE income
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12
Q

In terms of arrear pension fund contributions, what are the allowable deductions?

A

The allowable deduction for arrear contribution is up to a maximum of R1 800 per year. Any excess may be carried forward to the next year of assessment and be deducted subject to the limit.

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13
Q

What is deductible in terms of retirement annuity funds (RAF)?

A

The amount that is deductible is the actual contribution limited to a maximum of the greatest of:
- 15% of non-RFE income
- R3 500 less any amount deductible for pension fund contributions
- R1 750
Any disallowed portion or excess may be carried forward to the next year of assessment

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14
Q

As in the case of pension funds, any back-payment for the reinstatement will be allowed for deduction, what is the limit to this deduction?

A

Reinstatement will be allowed as a deduction up to a maximum of R1 800 per year. Any excess may be carried forward to the next year of assessment.

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15
Q

What is the allowable deduction for donations?

A

Allowable deduction per year is:
10% of taxable income before donation and medical
Limited to actual amount of donation.
Any amount over the deductible amount is not carried forward, it falls away.

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16
Q

Section 23(m) prohibit deductions relating to employment other than…

A
  1. Contribution to pension ad retirement annuity funds
  2. Premium on certain insurance policies
  3. Allowances under section 11(e)
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17
Q

What is an assessed loss?

A

Assessed loss incurred when the deduction exceeds the income of the taxpayer for the year.

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18
Q

List the two requirements for assessed loss.

A
  1. Taxpayer must be carrying on an trade
  2. The set off of an assessed loss is against income so derived
    i. e. income derived from carrying on a trade.
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19
Q

The set off of assessed loss is subjected to four provisos, namely…

A
  1. Assessed loss may not be carried forward by a person whose estate has been sequestrated unless the order of sequestration has been set aside.
  2. The balance of assessed loss must be reduced by the amount of any benefit resulting from a compromise made by the taxpayer with his creditor
  3. Where an amount has been distributed to any person by a pension fund or provident fund, as envisaged in gross income i.e. distribution of a surplus in the fund to an employer, any balances of assessed loss may not be set off against such amount
  4. There shall not be set off against any income derived by any person from the carrying on of trade in the Republic, or any assessed loss incurred during the current year from a trade carried on outside the Republic, or any balances of assessed loss from previous year from a trade carried outside the Republic.
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20
Q

What does ring-fencing mean?

A

Ring-fencing means that the loss is limited to the income from that trade.

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21
Q

List the 8 suspect trades.

A
  1. Any sport practiced by the person or any relative
  2. Any dealing in collectibles by the person or any relative
  3. The rental of residential accommodation (unless 80% is used by persons who are not relatives of the person for at least half of the year of assessment)
  4. The rental of vehicles, aircrafts or boats as defined in Eighth schedule
  5. Animal showing by the person or any relative
  6. Farming or animal breeding carried on(otherwise than on full-time basis)
  7. Any performing or creative arts practiced by the person or any relatives
  8. Any form of betting or gambling practiced by the person or relative
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22
Q

What is the “3 out of 5 years” rule for assessed loss?

A

If a trade is nota suspect trade, the 3 out of 5 year time rule can apply. If a trade makes losses in 3 out of 5 years that is carried on, the loss in the 3rd year is ring-fenced to income from that trade in the future unless it can be shown that there is a reasonable prospect of a profit within a reasonable time.

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23
Q

What are fringe benefits?

A

Payments made to employees usually in a form other than cash.

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24
Q

What is included in a taxpayer’s gross income?

A
  • any amount
  • including any voluntary awards
  • received or accrued in respect of services rendered or to be rendered
  • or any amount received or accrued in respect of or by virtue of any employment or the holding of any office
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25
Q

Section 8(1) deals with 3 categories of allowance or advances that have to be included in taxable income after certain portions of the allowance or advances are deducted or excluded. These are…

A
  1. Travel allowance
  2. Subsistence allowance
  3. Other allowances received by virtue of the recipient’s office or duties (such as entertainment allowance)
    All other allowances are fully taxable.
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26
Q

What is section 8(1)(a)(ii)?

A

Reimbursive allowance not included in taxable income:

  • any allowance or advances paid to recipient:
    1. For reimbursement or as an advance for expenditure incurred by him
    2. On the instruction of his principle on the furtherance of principle trade
    3. Employee must account for expenditure and provide proof to employer
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27
Q

What is the taxable portion of travel allowance?

A

The portion of travel allowance expended for private travel.
Taxable portion = travel allowance - portion expended for business use
Business use = business km x cost per km

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28
Q

There are two ways of calculating business travel, namely…

A
  1. Actual km’s x deemed rate per km

2. Actual expenditure incurred

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29
Q

How do you calculate the actual business km’s?

A

Using a log book.
Remember business km excludes:
- travels between residence and place of employment/business
- other private/domestic travel

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30
Q

What is the actual cost per km?

A

The taxpayer keeps documentation relating to the travel:
- fuel, repairs and insurance
- wear and tear
- finance charges
Therefore, total cost per km = total cost for the year/total km travelled during the year

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31
Q

What is the deemed cost per km?

A

Table provided by SARS.
It is based on the value of the vehicle.
1. If the vehicle is purchased in an army’s length transaction: the value is the original cost + VAT but excluding finance charges
2. If the vehicle is acquired through finance lease: the value is the cash value + VAT
3. All other transactions: the value of the vehicle is the market value on the date the taxpayer obtained it/right of use of it + VAT

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32
Q

Name the three components of deemed cost per km for travel allowances.

A
  1. Fixed cost in Rand (divide by total km’s travelled during the year, apportioned for part of the year using days)
  2. Fuel cost in cents, provided employee has borne the full cost
  3. Maintenance cost in cents, provided employee has borne the full cost
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33
Q

What is a subsistence allowance?

A

An allowance paid to an employee to cover certain small costs while he is away from home on business. Section8(1) has the effect that the allowance is tax-free if it does not exceed a certain limit and if it is given to the employee to pay for certain costs while he is away from home. If it does exceed, the excess is included in the gross income.

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34
Q

Name the two ways to calculate the subsistence allowance.

A
  1. Where the employee pays the cost of accommodation, meals and other incidental costs he can claim a deduction of the amount actually incurred by him, but limit to the allowance given to him by his employer.
  2. Where the employer has paid for the accommodation the employee may deduct an allowance for meals and incidental costs, or just for incidental costs if they relate to the accommodation.
    Therefore, the following is deductible:
    - incidentals only = R88 per day
    - meals and incidentals = R286 per day
    - meals and incidentals outside Republic = according to schedule
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35
Q

What is the basic principle of section 8(1)(a)(ii) other allowances?

A

All allowances are included in gross income, and where the recipient is an employee, he cannot deduct any expense from such other allowance if section 23 (m) applies.

36
Q

Taxable benefits derived by reason of employment or the holding of any office is referred to as “fringe benefit”. These includes…

A
  1. Assets acquired less than actual value
  2. Right to use sundry assets
  3. Right to use motor vehicle
  4. Meals, refreshments and refreshment vouchers
  5. Residential accommodation (holiday accommodation)
  6. Service rendered by employer
  7. Low interest rate loan
  8. Discharge/release of debt
  9. Medical aid contributions
  10. Costs relating to medical services
37
Q

What is the VAT treatment for fringe benefits?

A

Provision of certain fringe benefits by a registered vendor to employees/office holders is deemed to to supply by the employer in the course of carrying on trade; therefore the employer needs to provide for output tax.

38
Q

What is a taxable benefit?

A

Arises whenever an asset (other than money) has been acquired by employee from:
- his employer
- an associated institution
- any other person by arrangement with his employer
The benefit is the difference between the value of asset less consideration paid by employee.

39
Q

How is the cash equivalent of assets acquired by an employee determined?

A
  1. Market value at the time the asset is acquired by employee
  2. Cost to the employer if the asset is movable property which was acquired by employer to give to the employee
  3. The lower of cost or market value if the asset is trading stock of the employer
    Less: amount paid by employee for the asset
    This will give you the amount taxable in the employee’s hand
40
Q

What is the value of the benefit if the asset is given to employee as a long service award or bravery award?

A

The value of the benefit is the market value or cost to the employer of acquiring the asset, whichever is appropriate, reduced by the lesser of R5 000 or the aggregate cost of such awards given to the employee during the year.

41
Q

What is the taxable benefit in terms if paragraph 2(b)?

A

In terms of paragraph 2(b) a taxable benefit arises whenever an employee is granted the right to use any asset (other than residential accommodation) for his private or domestic purposes either for free of charge or for a consideration which is lower than the value of use.

42
Q

How to determine value of asset for right of use?

A

Benefit = value of the private use less consideration paid by employee / amount spent on maintenance
1. If the asset is leased
- rental paid by employer for the period less amount paid by employee for the period
2. If the asset is owned:
- use the lower of market value (at date of commencement of period of use by employee) or cost to employer multiplied by 15% per year multiplied by the portion of the year asset is used by the employee, less the amount paid by employee.
If the employee has been granted the sole right of use of the asset for all or major portion of the asset’s useful life then always use the cost to employer.

43
Q

What does the right of use of sundry asset exclude?

A

It excludes the following:

  • incidental private use of asset mainly for business purposes
  • amenities enjoyed at place of work
  • equipment/machine used for short period occasionally, and the value of private use is negligible
  • if it’s books, recordings or arts
44
Q

What is the taxable benefit for the right of use of a motor vehicle?

A

Benefit = value of private use less consideration paid by employee

45
Q

How do you determine the value of private use.

A

Private use value = determined value of vehicle x 3.5% per month (part of the month) / 3.25% per month if the vehicle is subject to maintenance plan at time when employer acquire or right thereof

46
Q

What is the determined value of the right of use of a motor vehicle?

A

Determined value is:

  • if acquired by employer from a bona fide agreement = original costs to employer excluding finance charge or interest
  • if held under a lease = retail market value at time employer first obtained the right of use of the vehicle
  • if neither of the above applies = market value when employer first obtained the vehicle or right of use
47
Q

If the employee is granted right of use more than 12 months after the employer first acquired the vehicle, how do you determine the determined value of the vehicle?

A

The determine value is reduced by 15% per year (reducing balance method) for each completed period of 12 months.

48
Q

If the right of use of motor vehicle is more than one, what is value?

A

If more than one vehicle is used by an employee, primarily for business purposes, the value of the private use will be based in the vehicle with the highest value of private use unless the commissioners directs otherwise. The value will be determined by using the 3.5% or 3.25% per month.

49
Q

Paragraph 2(c) provides for benefit relating to meals, refreshments and meal and refreshment vouchers.

A

A benefit arises if an employee has been provided with my meal or refreshment or vouchers entitling him to any meals or refreshment (other than as part of residential accommodation) for free or for a consideration which is lower than the value of benefit.

50
Q

How is an employee taxed for benefit for meals, refreshment and voucher for…

A

The employee is taxed as follows:
Cost to employer for providing the meal, refreshment or voucher less amount paid by employee = amount to be included in employee’s gross income

51
Q

What does meals and refreshment benefit exclude?

A

The following are not taxed:

  1. Meals or refreshment supplied in a canteen, cafeteria or dining room operated by or on behalf of the employer and patronized wholly or mainly by employees
  2. Meals and refreshments supplied during business hours or extended working hours or on a special occasion
  3. Meals enjoyed by an employee in the course of providing entertainment on behalf of the employer
52
Q

Paragraph 2(d) provides for benefit from residential accommodation.

A 
A benefit arises when the employee has been provided with residential accommodation:
- furnished or unfurnished
- with or without meals
- with or without power and water
At either low or no rental.
53
Q

Valuation of the use of residential accommodation can be either of the four method.

A
  1. Formula
  2. Greater of formula or cost to employer
  3. Amount in terms of holiday accommodation
  4. Deemed house loan
54
Q

The formula to calculate the value of the residential accommodation when employee has full ownership is as follow:

A
  1. Full ownership and employee does not have an interest:
    (A-B)xC/100xD/12
    A = remuneration earned during immediately preceding year of assessment which taxable income benefit granted (If the employee only worked for portion of the year, then remuneration for the year grossed up to what it would have been for a full year or using the 1st month salary and grossed up to full year if he was not in employment in the previous year.)
    B = R59 750 or R0 (B is R0 when the employer is a private company controlled directly or indirectly by the employee or his spouse/has controlling interest in the company)
    C = 19/18/17
    19 = 4 rooms or more furnished, power & water supplied
    18 = 4 rooms, unfurnished with power and water supplied
    Or 4 rooms furnished without power and water
    17 = less than 4 rooms and none is provided
    D = number of month in the year of assessment during which the employee was entitled to occupation of the accommodation
55
Q

When does the greater of cost to employer or the formula for residential accommodation applies?

A

Where the accommodation is:

  • rented by employer, or
  • owned by employer and the employee has an interest in the accommodation.
56
Q

What is the value of the benefit when the accommodation is rented by employer or employee has interest in the accommodation?

A

The value of the benefit is the greater of:

  • amount determined using the formula
  • the total of the rent paid by the employer plus any other expenditures defrayed by the employer.
57
Q

What will not be considered as expenditure defrayed by employer in terms of residential accommodation?

A
  1. Mortgage bond capital repayment
  2. Any expenses incurred but not actually paid
  3. Wear and tear on furniture and fittings
  4. Costs incurred in acquiring furniture and fittings
58
Q

An employee will be taxed as follow if his holiday accommodation is provided by his employer.

A
  1. If the accommodation is hired by the employer the employee will be taxed in all costs borne by the employer (including meals, refreshment and services)
  2. In any other cases the employee will be taxed on the prevailing rate per day at which the accommodation could normally be let to a person who is not an employee.
59
Q

If an employee has the right to acquire residential accommodation at a future date, this is deemed as housing loans, the value of taxable benefit is calculated as follow…

A

The taxable benefit = interest at the official interest rate per year less rental paid by employee

60
Q

If a service is rendered to an employee for free or lower consideration, it is treated as fringe benefit. The employee will be taxed as follows:

A

Benefit = value less consideration paid by employee
Value = cost of service to employer
This excludes the following
- transport service by employer to convey employees between home and work
- services rendered by employer at work to help employees perform their duties better/recreational facilities

61
Q

The value of low interest rate or no interest loan is calculated as follows:

A

Interest payable at official interest rate less interest incurred by the employee for the year = taxable benefit

62
Q

When is it a low Interest rate loan?

A

When employee receives a loan from employer or other persons by arrangement with employer and no interest is paid or interest is paid at a rate lower than the official rate.

63
Q

What is the official interest rate?

A
  • if the loan is in Rand = repo rate plus 100 basis point
  • if the loan is in foreign currency = equivalent of South African repo rate plus 100 basis point
    NB: the loan itself is not taxable, it is capital in nature
    This excludes casual loans - less than R3 000 and study loans
64
Q

A taxable benefit arises if payment if employee’s debt or release of employee from obligation to pay a debt from a employer.

A

A taxable benefit arises if:

  • the employer has paid an amount owing by employee to any third parties with out requiring the employee to reimburse him; or
  • the employer has released the employee from an obligation to pay an amount owing by the employee to employer
65
Q

The cash equivalent of discharge of debt is…

A

Either the debt paid by employer or the debt owed by the employee to the employer which has been written off

66
Q

The following is not taxable in terms of discharge or lease of obligation. Deemed to have no value as a taxable benefit.

A
  1. Payment of employee’s professional subscription if membership is a condition of employment
  2. Insurance premium
  3. Settlement of obligation by new employer to former employer in return for service rendered
67
Q

What is the taxable benefit for medical aid contribution made by employer?

A

Benefit = cash equivalent = amount of the employer’s contributions to the medical aid fund

68
Q

What does the medical aid contribution benefit exclude?

A

Contribution paid for:

  • retired employee who retried due to superannuation, ill health or other infirmity
  • dependents of a deceased employee
  • dependents of a deceased retired employee
  • person older than 65 years old
69
Q

What is the taxable benefit relating to costs to medical services?

A

Benefit = employer incurred amount in terms of the following:

  1. Medical, dental or similar services
  2. Hospital, nursing services
  3. Medicines (employee, spouse, dependent, relative and child)
70
Q

What tax consequences does a retirement lump sum have on an individual?

A

Amounts received as a result of retirement give rise to varied tax consequences, depending on their nature. Annuities are tax in full while lump sums may or may not be taxes, wholly or partially, depending on the application of section such as 10(1)(x), and various other sections.

71
Q

Why is annuities taxed in full in terms of retirement funds?

A

Annuities are taxed in full in the hand of resident. In the case of non-resident they are subject to tax if they are from a south African source. The fact that they may be capital nature is irrelevant because of the overriding effect of paragraph (a) of the gross income definition. If the annuity is paid by an employer or formal employer, it may be deductible in the employer’s tax computation in terms of s11(m) to former employee and partners who have retired on the grounds of ill-health or infirmity.

72
Q

Is lump sum on termination of service taxable?

A

Any termination of service lump sums (other than lump sums from pension, pension preservation, provident, provident preservation or retirement annuity funds) will fall into gross income either in terms of paragraph (c) or (d) of the definition, and where the recipient receives such amounts because of retirement due to ill health, infirmity or superannuation, will be taxed.

73
Q

Tax implication for the employee of lump sum received from employer applies to the following:

A

Sums in terms of relinquishment, termination, loss of office or employment:

  • other than those received from funds
  • payable as a consequence of death - deemed accrued immediately before death
74
Q

Severance benefit (lump sum from employer) is the amount received or accrued by way of lump sum from employer in terms of relinquishment, termination, loss of office if one the following applies.

A
  1. The person must have reached the age of 55 years; or
  2. The termination or impending termination of the persons service must be due to superannuation, ill health or infirmity
  3. The termination or impending termination of service must be due to the persons employer having ceased or intending to cease carrying on business, or implementing a reduction in staff (retrenchment)
75
Q

Recipients from pension, pension preservation, provident, provident preservation and retirement annuity fund arise in one of three ways, and may take the form of either a lump sum payment, an annuity (including a living annuity), or most commonly, a combination of a lump sum and an annuity. Three events which give rise to receipts from such fund are…

A
  1. Resignation from the fund
  2. Retirement
  3. Death of the member
76
Q

Lump sum from employer (severance benefit) includes the following:

A
  1. An amount paid by employer in respect of breach of service contract by employer
  2. Lump sum paid by employer for termination of service
  3. Lump sum paid by employer on retirement in lieu of leave privileges
77
Q

Lump sum from employer exemption are as follows:

A

The exemption cannot exceed R315 000 less any amount which have previously been exempted and such person was not at any time a director of the employer or did not at any time hold more than 5% of the interest in the company. Use table to calculate the benefit taxable

78
Q

To calculate the tax on severance benefit (lump sum from employer) is as follows:

A

Total of 1 plus total of 2 and use table to calculate.
1 = sum of the following:
- severance benefit 1
- severance benefit after 1st March 2011 and before severance payment 1
- retirement lump sum withdrawal benefit after 1st March 2009 and before severance benefit 1
- retirement lump sum benefit after 1st October 2007 and before severance benefit 1
2 = sum of the following:
- severance benefit before severance benefit 1
- retirement lump sum withdrawal benefit after 1st March 2009 and before SB1
- retirement lump sum benefit after 1st October 2007and before SB1

79
Q

What are retirement lump sum benefits?

A

Lump sum benefits received for retirement, death, or termination.
This amount is reduced by deduction and included in gross income.

80
Q

What are the allowable deduction for retirement lump sum benefits for retirement or death and commutation of an annuity?

A

1) taxpayer’s own contribution to any fund not allowed as deduction
2) any amount transferred benefit of taxpayer to any fund as result by non member spouse on amount assigned for divorce order
3) any amount transferred benefit of taxpayer to any pension preservation fund or public sector pension fund
Amount may not exceed the actual lump sum benefit

81
Q

How do you calculate tax on retirement lump sum benefit (from a fund)?

A

Tax on specific retirement fund lump sum benefit (1) is equal to:
The aggregate of that lump sum (1) plus all other retirement fund lump sum benefit accruing from March 2007 and all severance benefit received or accruing from March 2011 less aggregate of lump sum after March 2007 and before lump sum (1) plus severance benefit from March 2011

82
Q

What is the tax framework?

A 
Gross income
Less:exempt incomes
= income
Less: deductions
= subtotal 1
Less: assessed losses
= subtotal 2
Less: current pension fund
Less: arrear pension fund
= subtotal 3 
Less: current RAF
Less: arrear RAF
= subtotal 4
Add: taxable capital gains
Add: other amount specifically included - travel allowance
= subtotal 5
Less: donations
= subtotal 6
Less: step 4 medical aid  contribution deductions
= subtotal 7
Less: step 6 medical cost deduction
= taxable income
Tax per table
Less: rebates
Tax per lump sum table
83
Q

What does paragraph a special inclusion state in the Act?

A

All annuities including capital annuities are included in gross income.

84
Q

What is an annuity?

A

It provides a fixed annual payment and the payment is repetitive and is chargeable against someone (there is an obligation to pay).

85
Q

What does paragraph f of specific inclusion entails?

A

Any amount received or accrued in commutation of amounts due under any contract of employment or services are included in gross income. This means that if any regular salary amount payable in terms of a contract is converted into an upfront lump sum, the lump sum is included in gross income.

Tax (19 decks)

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