D-BIT Payroll. Employees Remuneration for UIF, SDL, PAYE. D-BIT SYSTEMS (Pty) Ltd D-BIT Systems (Pty) Ltd) 2/24/2012, 3:18 PM

Transcription

1 D-BIT SYSTEMS (Pty) Ltd RegNo: 87/ D-Bit Building 18 Bosbok Rd Boskruin South Africa PO Box 1950 Randpark Ridge 156 South Africa D-BIT Payroll Employees for UIF, SDL, PAYE D-BIT Systems (Pty) Ltd) /4/01, 3:18 PM

2 I Employees for UIF, SDL, PAYE Table of Contents Part I Employees Statutory 1 PAYE... Included Excluded UIF... 3 Included 3 Excluded 4 3 SDL... 4 Included 4 Excluded D-BIT Sy stems (Pty) Ltd)

3 Employees Statutory 1 Employees Statutory 1.1 PAYE Paragraph 1 of the 4th Schedule defines remuneration as any amount of income which is paid or is payable to any person whether in cash or otherwise and whether or not in respect of services rendered. Examples of remuneration will include salary, fee, bonus, wage, gratuity, pension, leave encashment, emolument, voluntary award, commission, annuity, stipend, remuneration for overtime, superannuation allowance, retirement allowance, lump sum payment, director's remuneration, etc Included 1.1. restraint of trade payments; an amount, including a voluntary award, received or accrued in commutation of amounts due in terms of a contract of employment or service; an amount received or accrued in respect of the relinquishment, termination, loss, repudiation, cancellation or variation of an office or employment or of an appointment; An allowance or advance paid to an employee in respect of accommodation, meals or other incidental costs while the employee is by reason of the duties of his / her office obliged to spend at least one night away from his / her usual place of residence in the Republic is deemed to become payable to the employee in the following month in respect of services rendered. This deeming provision applies where such an allowance or advance was paid to an employee during any month in respect of a night away from his / her usual place of residence and that employee has not by the last day of the following month either spent the night away from his / her usual place of residence or refunded that allowance or advance to the employer; o 50% of an allowance paid to a holder of a public office; o 80% of an allowance or advance in respect of the expense of travelling for business purposes (excluding an allowance paid for actual distance travelled for business purposes, at a rate not exceeding the rate per kilometre fixed by the Minister of Finance in the Government Gazette); o fringe benefits received in terms of the 7th Schedule; o a gratuity received by or accrued to a person from his / her employer because such person obtained a university degree or diploma or has been successful in an examination; o any gain determined in terms of Section 8B, which must be included in that person's income under that section (broad-based equity share plan); and o any gain determined in terms of Section 8C which is required to be included in the income of that person. Excluded Amounts paid to common law independent contractors, but excluding amounts paid to independent contractors who are subject to the control or supervision of any person as to the manner in which their duties are performed or as to the hours of work or if the amounts paid or payable to them are payable at regular daily, weekly, monthly or other intervals; This exclusion does not apply to o any person who receives any remuneration or to whom any remuneration accrues by reason of any services rendered by such person to or on behalf of a labour broker; o any labour broker; o any personal service company; o any personal service trust; or o a person who is not ordinarily resident in South Africa. Any pension or additional pension under the Social Assistance Act D-BIT Systems (Pty) Ltd)

4 3 Employees for UIF, SDL, PAYE Any disability grant or additional or supplementary allowance under the Social Assistance Act. Any grant or contribution under the provisions of Section 89 of the Children's Act. Amounts paid to an employee, wholly in reimbursement of expenditures actually incurred by such employee (i.e. expenses incurred on behalf of the employer on an agency basis), in the course of employment. Any allowance or advance in terms of an order of divorce or decree of judicial separation or agreement of separation. 1. UIF Amount on which UIF contributions is determined The amount on which the UIF contribution is based is the total amount of remuneration as defined for UIF purposes.this remuneration amount is not based on the balance of remuneration and is basically the defined remuneration before the deduction of any allowable deductions. Note: All remuneration not included in the definition of remuneration for UIF purposes should be excluded from the remuneration for purposes of detemining the UIF liable amount Included INCLUSIONS The following are included in the definition of "remuneration" salary leave encashment remuneration for overtime fees emolument superannuation allowance * bonus allowances retirement allowance * wage commission * voluntary awards gratuity annuity * restraint of trade payments * pension * stipend lump sum payments * directors remuneration an amount received or accrued in commutation of amounts due in terms of a contract of employment or service an amount received or accrued in respect of the relinquishment, termination, loss, repudiation, cancellation or variation of an office or employment or of an appointment * 50% of an allowance paid or advance given to an employee or holder of a public office in respect of the expense of travelling for business purposes (excluding an allowance paid for actual distance travelled for business purposes, at a rate not exceeding the rate per kilometre fixed by the Minister of Finance in the Government Gazette) fringe benefits received in terms of the Seventh Schedule to the Income Tax Act a gratuity received by or accrued to a person from his employer because such person obtained a university degree or diploma or has been successful in an examination D-BIT Sy stems (Pty) Ltd)

5 Employees Statutory Excluded The following are specifically excluded from "remuneration" and consequently no UIF contributions are payable in respect of such income Any amounts paid or payable to common law independent contractors (which does not include contractors who are subject to the control or supervision of any person as to the manner in which their duties are performed or as to the hours of work or if the amounts paid or payable to them are payable at regular daily, weekly, monthly or other intervals). Any pension or allowance in terms of any of the following Acts: Aged Persons Act Blind Persons Act Disability Grants Act Children's Act Amounts paid to an employee to reimburse the employee for actual business expenses incurred (i.e. expenses incurred on behalf of the employer on an agency basis), in the course of employment. Any allowance or advance in terms of an order of divorce or decree of judicial separation or agreement of separation. UIF EXCLUSIONS - AMOUNTS EXCLUDED FROM REMUNERATION FOR UIF PURPOSES for UIF purposes does not include any amount paid or payable to an employee by way of commission. by way of any pension, superannuation allowance or retiring allowance; which constitutes an amount contemplated in the following paragraphs of the definition of gross income; (a) - by way of annuity, (b) - as compensation for any restraint of trade, (c) - including any voluntary award received or accrued in respect of the relinquishment, termination, loss, repudiation, cancellation or variation of any office or employment or of any appointment, (d) - lump sum benefits from any pension fund, provident fund or retirement annuity fund, (e) - lump sum benefits from a pension fund (where the rules provide that on retirement a portion of the benefit has to be taken in the form of an annuity, etc.); 1.3 SDL Amount on which SDL is determined The leviable amount is the total amount of remuneration, paid or payable, or deemed to be paid or payable, by an employer to its employees during any month, as determined in accordance with the 4th Schedule provisions for purposes of determining the employer's liability for employees' tax. The SDL is therefore determine on the balance of remuneration after the deduction of all allowable deductions (i.e. pension fund contributions, RAF contributions, income protection policy premiums, donations and medical scheme contributions). Note: All remuneration not included in the definition of remuneration for SDL purposes should be excluded from the balance of remuneration result Included Salary for overtime Fees Leave gratuity D-BIT Systems (Pty) Ltd)

6 5 Employees for UIF, SDL, PAYE 1.3. Bonus Emolument Allowances Gratuity Wage Commission Stipend Voluntary awards Lump sum payments Directors remuneration An amount received or accrued in commutation of an amount due in terms of a contract of employment or service An amount received or accrued in respect of the relinquishment, termination, loss, repudiation, cancellation or variation of an office or employment or of an appointment 50% of an allowance paid or advance given to an employee or holder of a public office in respect of the expense of travelling for business purposes (excluding an allowance paid for actual distance travelled not exceeding the rate per kilometre fixed by the Minister of Finance in the Government Gazette) 50% of an allowance paid to a holder of a public office Fringe benefits received in terms of the Seventh Schedule to the Income Tax Act A gratuity received by or accrued to a person from his employer because such person obtained a university degree or diploma or was successful in an examination Excluded Independent contractors independent contractors who are not subject to control or supervision of any person as to the manner in which their duties are performed or as to the hours of work or if the amounts paid or payable to them are not payable at regular daily, weekly, monthly or other intervals. Any pension or allowance in terms of any of the following Acts:. Aged Persons Act. Blind Persons Act. Disability Grants Act. Children's Act Amounts paid to an employee to reimburse the employee for actual business expenses incurred in the course of his/her employment. Any allowance or advance in terms of an order of divorce or decree of judicial separation or under any agreement of separation. WHAT AMOUNTS ARE EXCLUDED IN DETERMINING THE LEVIABLE AMOUNT The amount of remuneration excludes the following amounts for purposes of determining the leviable amount: An amount paid or payable to any labour broker and to whom a certificate of exemption has been issued by the Commissioner for the South African Revenue Service (SARS); Any amount paid or payable to any person declared by the Minister of Finance by notice in the Government Gazette as an employee; An amount paid or payable to any person by way of any pension, superannuating allowance or retiring allowance. An amount contemplated in paragraphs (a), (d), (e) or (ea) of the definition of "gross income" in section 1 of the Income Tax Act. In essence this pertains to annuity payments, lump sum payments from employers upon retrenchment or death and lump sum payments from pension, provident and retirement fund. An amount payable to a learner in terms of a contract of employment contemplated in section 18(3) of the Skills Development Act D-BIT Sy stems (Pty) Ltd)