TAX PROFESSIONAL OCCUPATIONAL CERTIFICATE: Initial Test of Competency RPL Assessment SAQA ID: July Paper 1: Questions 1 and 2 SOLUTIONS

Transcription

1 OCCUPATIONAL CERTIFICATE: TAX PROFESSIONAL SAQA ID: Initial Test of Competency RPL Assessment July 207 Paper : Questions and 2 SOLUTIONS CANDIDATE NUMBER

2 Instructions to Candidates. This competency assessment consists out of 2 papers. 2. His paper comprises questions and Answer each question in a separate answer book. Paper : Question Topic Marks Answer Book General awareness 30 Green 2 Individuals (Personal tax) 30 White Total marks: 60 Marks Time: 3 ½ hours writing time The marks specified are an indication of the expected length and detail of your response. 4. Enter your examination number on the cover of each answer book as well as on all answer sheets. 5. Your name must not appear anywhere in the answer books. 6. Answers may not be written in pencil and correction pens (Tipp-ex) may not be used. 7. Answer the questions using effective presentation and pay particular attention to the use of concise language, clarity of explanation and logical argument. Marks will be awarded for these aspects of your response. 8. It is your responsibility to ensure that all answer books are handed in to the invigilator before leaving the examination room, as answer books handed in thereafter will not be marked. 9. Please take note of the tax rates and tables provided in Annexure A to this paper (see page 8). 2

3 QUESTION : GENERAL AWARENESS MULTIPLE CHOICE & TRUE FALSE 30 Marks Assume that all taxpayers mentioned in the multiple choice questions below are all residents of the Republic of South Africa. I. Individual / Payroll Tax (0 Questions) Question In order for an individual taxpayer to claim section (a) business expenditure outside the requirements of section 23(m) of the Income Tax Act, which one of the following statements are correct? Correct answer A The taxpayer must earn income solely from a salary. B The taxpayer must earn income from local interest. C The taxpayer must earn income as a sole proprietor. X D Individual taxpayers are always subject to section 23(m). Question 2 Under which one of the following conditions are employers allowed to apply 20% of the value of the travel allowance when calculating the Pay-As-You-Earn (PAYE) of the taxpayer? Correct answer A The employer must set a formal travel allowance policy in which reasonable portion of personal use can be justified. B The employer must be satisfied that the employee uses the car for business use with personal use being less than 20% of the time. X C The employer must be satisfied that the employee makes use of the car for personal use more than 20% of the time. 3

4 D The employer must be satisfied that the employee maintains a valid logbook. Question 3 Lebo decides to transfer 50% ownership of the family home (primary residence) to her spouse (as defined in section of the Income Tax Act), Thukili. The cost of the house was R on July 203, and the total market value of the property was R at transfer date. Which one of the following statements most accurately reflects the capital gains tax (CGT) position for the year of assessment ended 28 February 207? A The CGT inclusion in taxable income will be 40% of R B The taxable capital gain will be R C The taxable capital gain will be R D The CGT inclusion in taxable income will be X Rnil. Transfers between spouses are tax free due to roll-over relief between spouses (par 67 of the 8 th Schedule) Question 4 Liza is an employee. She is personally making the following employment contributions for her retirement: - R0 000 to a Retirement Annuity Fund; - R5 000 to a Provident Fund of her employer; and - R2 000 to a Tax Free Savings Account. Liza earns R (remuneration) for the year of assessment ending 28 February 207. How much can Liza claim as a deduction for retirement fund contributions in the 207 tax return? 4

5 A R0 000 B R8 000 C R X (27.5% x R = R limited to the actual contributions of R (i.e. R R5 000) in terms of s (k)) D R Question 5 Martin, 67 years of age, receives a medical tax certificate that shows the number of dependents having changed from 2 dependants during the months of March 206 to June 206, to 4 dependants during the months of July 206 to February 207. His total contribution to the medical scheme in respect of himself and all dependants amounts to R for the 207 year of assessment which he paid himself. How much will Martin s total Medical Tax Credit be for the 207 year of assessment? A R2 634 B R3 508 C R9 936 D R0 536 X [(R286 x 2 x 4)] + [(R572 + R92 + R92) x 8] Question 6 Will owns a 2-bedroom flat in Parktown, Johannesburg, which he leases out. Will purchased the flat on auction in the 204 year of assessment, but has made a rental loss for 3 consecutive years of assessment (i.e. 204 up to 206). The losses were caused by higher than anticipated special levies and tenant non-payments. Which one of the following statements are true in terms of Will claiming a loss against his salary income in the 4 th year 5

6 when submitting his income tax return (assuming that he pays tax at the marginal rate of tax)? A Rental income can never be used to offset salary income. B Will cannot claim the loss if he knew the odds of a loss arising were high in the first and second years after purchase. C Will can probably claim the loss as long has he nor any family member lived in the rental property. X (s 20A ring-fencing of assessed losses to 3 years only if there is suspect personal use; the rule not a per se prohibition) D Will can automatically claim the loss without regard to the ring-fencing provisions because a rental is classified as a trade under the section definition. Question 7 Lerato owns a granny flat in Durban. She allowed her cousin to use the flat for 4 years while her cousin was in school. Thereafter, Lerato leased the flat out to a student tenant for a monthly rental of R2 500, but decided to sell the flat as it has become a nuisance to her. The cost of the granny flat was R on March 20, and she sold the flat for R on 28 February 207. The flat was also subject to repairs of R two months before the disposal. What is the effect on Lerato s taxable income in respect of the flat during the 207 year of assessment? A Rnil the capital gain is below the R2 million capital gains tax threshold. B R6 000 X (R (R R40 000) x 40% = R

7 C R D R R (rental income of R2 500 x 2) R (s (d) repairs] Question 8 Which persons described below will qualify as employees for PAYE purposes? A Part-time employees and directors of X private companies. (Definition of employee according to the Fourth Schedule of the ITA) B Part-time employees and independent contractors. C Directors of private companies and independent contractors. D Part-time employees, directors of private companies and independent contractors. Question 9 Complete the following sentence: In order to qualify for a travel allowance, an employee. A must elect to receive the travel allowance as part of a monthly remuneration package. B must be required to travel for business purposes. X An employee will qualify for the tax deduction related to a travel 7

8 C must be required to travel for business purposes every single month. allowance if he/she is required to travel for business purposes. (Section 8()(b) and definition of remuneration according to the Fourth Schedule to the ITA) D does not have to travel for business purposes. Question 0 Rudi is an employee and his salary for the 207 year of assessment is R Rudi personally makes total contributions of R to his employer s Provident Fund for the year. The allowable tax deduction on the payroll for the 207 year of assessment in respect of these contributions are: A R B R C R X The deduction is the lessor of 27.5% of remuneration (R27 500) or R /2 = R The deduction is always limited to the actual contribution. (Section (k) of the ITA read together with Par 2(4)(a) - Par 2(4)(bA)) 8

9 D Zero deduction as Provident Fund contributions are not deductible. II. Corporate Tax (0 Questions) Question Company X has trading stock that reflects the following for the 207 year of assessment: Opening stock R Purchases of trading stock for the year R Closing stock R Indicate the net amount related to trading stock that will be included/deducted from the taxable income of Company X for the 207 year of assessment. A R deduction B R inclusion C R deduction X (R R R = R deduction) Section 22(), section 22(2) and section (a) of the Income Tax Act. D R inclusion Question 2 Sandile Company provided the following records relating to its debtors and other receivables for the 207 year of assessment: Debtors at year-end R Loan to employee R Loan to employee written off during current year of assessment R Bad debts during the year of assessment Rnil What is the total amount that will be allowed as deduction in terms of sections (i) (bad debts) for the 207 year of assessment? 9

10 Options and suggested solution A Rnil X Section (i) of the Income Tax Act states that provided such amount is included in the current year of assessment or was included in previous years of assessment in the taxpayer's income. The loan was never included in the taxpayer s income and is of a capital nature and thus not bad debts. B R C R D R Question 3 Kramden Company has a December financial year-end and is engaged in the delivery of coffee for use in office buildings. On June 207, Kramden Company purchased a delivery vehicle with the value of R (excluding VAT). The vehicle was delivered and brought into use by Kramden Company on July 207. The write-off period acceptable to the SARS for the delivery vehicle is four years in terms of Interpretation Note: No. 47. What is the total amount that the Kramden Company can claim as capital allowance in terms of section (e) for the 207 year of assessment? a R3 250 X (Section (e)) of the Income Tax Act). R / 4 x 6/2 = R

11 B R C R D R Use date when vehicle was brought into use and not purchase date. Question 4 Company U has a financial year-end of 28/29 February. Based on this information, when is Company U's second provisional tax payment due? A 28/29 February X (Fourth Schedule, par 9() to the Income Tax Act) B 30 September C 3 August D 3 December Question 5 Maple Company has 00 issued ordinary equity shares held by three holders of shares as follows: Alice owns 25 equity shares, Norton owns 25 equity shares, and Burlington Company owns the remaining 50 equity shares (which in turn is wholly owned by Sepe). Maple Company generates R8 million in total gross income as a retail clothing store per annum. Of this amount, R7 million stems from the sale of clothing, R from providing tailoring services as ancillary to the clothing sales, and R from interest arising from a bank account used as working capital. Alice, an accountant, runs the strategic aspects of the business. Norton runs the daily operations with a total of 0 employees. Will Maple Company qualify as a small business corporation as defined? A No: Maple Company will not qualify as a small business corporation because of the nature of the management.

12 B No: Maple Company will not qualify as a small business corporation because of the nature of the holders of shares. C No: Maple Company will not qualify as a small business corporation because of the nature of the revenue. D Yes: Maple Company will qualify as a small business corporation. X (small business corporations may not have direct company shareholders) Question 6 Company Doppio is engaged in repairing tyres and has a calendar financial year. In 206, Company Doppio began start-up operations but earned no revenue during this pre-opening period. Company Doppio incurred R in employee business expenses to set up the office space, advertise and formalise supplier relationships. In the 207 year of assessment, Company Doppio opened its doors, generating R4. million in revenue and R4 million in total section (a) expenditure. In the 208 year of assessment, Company Doppio generated R6.3 million in revenue and R4 million in total section (a) expenditure. Which one of the following statements are true in respect of the R of expenditure incurred in 206? Correct answer A The R amount is fully deductible as a section (a) business expense in 207, being fully eligible for carryover via section 20. B The R amount is fully deductible in the 208 year of assessment. C Of the R amount, R is deductible in 207 with X (Section the R potentially deductible in 208. A) 2

13 D The R amount will never be deductible because no trade has started in 206 year of assessment when it was incurred. Question 7 WeFitIT Construction Company specialises in medium-sized construction projects and renovation. Two days before the company s year-end, the company entered into a contract for which it received a deposit of R from a client in the 207 year of assessment. The construction work required under the contract is only required to commence in the 208 year of assessment and will end in 209. The key numbers contained within the contract are as follows: Details Amount Estimated total project turnover R Estimated total cost for the project R WeFitIT Construction Company has spent many hours in calculating and estimating the cost for the project based on detailed specifications and confirmed pricing. What amount must be included in the 207 year of assessment (if any)? A R B R C R X (Section 24C and GI def par (amount received (Geldenhuys v CIR)) R R = R Gross profit = 20% R x 20% = R included in Gross income) D Rnil Question 8 Savings Company is wholly owned by Lucia Ogutto, both of whom have a year of assessment ending at the close of February. Savings Company has invested all of its capital in listed shares traded on the Johannesburg Stock Exchange (JSE). The company holds a balanced 3

14 portfolio of shares, none of which exceed a 0.00 per cent interest in any entity. Lucia Ogutto created Savings Company to have funds set aside for retirement and for family members upon her passing. The sole earnings of Savings Company for the 207 year of assessment stems from dividends on the shares held. These dividends amount to R.5 million for the 207 year of assessment. No shares were sold during the year. In order to maintain itself, Savings Company incurred the following expenses: R5 000 of bank charges; R of brokerage fees for the share portfolio; and R in accounting and audit fees. What amount of the above expenditure can be deducted against against Savings Company s tax return for the 207 year of assessment (if any)? A Rnil X (Section (a) and section 23(f) of the Income Tax Act - Even if the company is able to argue that it is carrying on a trade and wants to apply the general deduction formula, the expenses will be disallowed in terms of section 23(f) - expenditure incurred to produce exempt income) B R5 000 C R (/3 rd of all charges) D R Question 9 Electronic Software Company has a new sales team that significantly expanded sales but lacks dedicated staff to pursue the new set of outstanding debtors. This weakness resulted 4

15 in high revenue sales figures but also high and long outstanding debtors. In respect of the 207 year of assessment, the company s debtors and other receivables are as follows: New debtors outstanding at year-end R Bad debts written off during the year of assessment Rnil Total doubtful debtors at year-end which can be proven as R doubtful to the SARS Provision for doubtful debts prior year Rnil It is the company's policy to provide for 30% of their total debtors book as a provision for doubtful debts. What is the total taxable income in respect of the above debtor s and other receivables for the company s 207 year of assessment? A R B R C R D R X (Section (j) of the Income Tax Act prohibits double deductions 25% x R million) Question 0 Hutco Production is a small bottle manufacturer with a calendar financial year. On February 206, Hutco Production Company acquired and brought into use a new manufacturing machine acquired from an independent producer. The machine cost Hutco Production R million. The machine was sold on September 207. What is the capital allowance permissible for the 207 year of assessment assuming R40 million of turnover for that year? 5

16 A R B R C R X (Section 2C()(h) of the Income Tax Act) R x 20% (not pro-rated) Previous year would have claimed 40%) D R III. Value-Added Tax (5 Questions) Question A person carries on a business that makes both taxable and exempt supplies. The exempt activities carried on by the person A Form part of the enterprise carried on by the person for VAT purposes. B Does not form part of the enterprise carried on by the X person for VAT purposes. C Only form part of the enterprise carried on by the person for VAT purposes if the person also makes taxable supplies. D Only form part of the enterprise carried on by the person for VAT purposes if the person also makes taxable supplies that exceeds 95 per cent of the total. Question 2 The general voluntary registration threshold for a person carrying on a VAT enterprise is a value of taxable supplies of 6

17 A R B R million C R D R X Question 3 Compute the value of the following that will constitute taxable supplies made by a VAT vendor. Source of income Value (Excluding VAT) Supply of local services R Supply of services to non-residents who are outside South R Africa at the time that the services are rendered Export of goods delivered at addresses in foreign countries R Dividends received on investments in South Africa R0 000 Local supply of financial services R TOTAL REVENUE R A R B R C R X D R Question 4 If a vendor s value of taxable supplies is R00 million per annum, into which tax period category does the vendor fall? A Category A B Category B 7

18 C Category C X Section 27(3)(a) turnover > R30 million) D Category D Question 5 Gauteng Company, a VAT vendor, purchases a computer software system for a price of R (including VAT). The company is engaged in renting both residential rental as well as commercial rental with the overall administrative department overseeing both. The commercial rental office within the department has several dedicated personnel. This office ordered the software for its own use. The commercial office regularly incurs R million of expenses, the residential office incurs R of expenses, and total department overheads (including electricity and levies amounts to R00 000). Total rental turnover is R8 million with R2 million rental turnover dedicated to downtown residential rentals. All suppliers to Gauteng Company are VAT vendors that include VAT on their invoices. What percentage of input tax deductions can be claimed by Gauteng Company? A Zero per cent can be claimed B 25 per cent can be claimed C 80 per cent can be claimed D The full 00 per cent can be claimed X 8

19 QUESTION 2: INDIVIDUALS (PERSONAL TAX) 30 Marks No Aspect of the answer Marks Candidate Mark obtained Question 2 Individuals Note: References to sections or paragraphs of the Income Tax Act, shown in brackets, are only for study purposes. Students do not need to refer to the Income Tax Act to obtain a mark, unless the question specifically requires for a reference to the legislation, when legislation is not shown in brackets.. Employees tax to be withheld from the following amounts: Income R (gross income definition para (c)) ½ Annual payment R (gross income definition para (c)) ½ Travel allowance R (80%* of R30 000) (remuneration definition 4 th schedule) *4 000 km (business) / km (total) = 64%. Thus, as less than 80% of the mileage is for business, only 80% of the travel allowance received will be subject to employees tax on a monthly 9

20 No Aspect of the answer Marks Candidate Mark obtained basis (par (ca) of the definition of remuneration as defined in par of the Fourth Schedule to the Act). Subsistence allowance R0 (remuneration definition 4 th schedule) 2. Total taxable income: R R R R point for correct use of tax table (Principle mark as based on answer in.) Tax per tax tables: [(R R550 00) x 39%] + R = R96 37 ½ point for correct answer Less: Primary rebate of R3 500 = R82 87 Note: as the employer is not aware of the medical scheme fee contributions, the s 6A credit will not be taken into account for the employees tax as disclosed on the IRP5 issued by the employer. ½ point for rebate 20

21 No Aspect of the answer Marks Candidate Mark obtained 3. Total travel costs for the year: Licence R 200 Insurance: R4 500 Fuel: R Maintenance: R8 500 TOTAL R total km travelled km = R.736 p/km Thus: km (business) x R.736 p/km = R Allowance received R Less: business portion: (R24 309) = Taxable portion to be included in taxable income: R5 69 Alternative: Amount related to business travel: R km (total) x km (business) = R

22 No Aspect of the answer Marks Candidate Mark obtained Taxable portion of travel allowance = R R = R Tax free amount for meals and incidental costs incurred in South Africa per Government Gazette: R372 per day ½ 4 nights = 5 days Allowance received R2 000 Less: 5 days x R372 per day = R 860 ½ = Taxable portion of subsistence allowance: R2 000 R 860 = R40 5. Deductible costs include (s23(b)): Mortgage bond interest; and Municipal rates & electricity. No deduction in respect of the capital part of the mortgage bond as this is capital in nature (definition of gross income). The total deductible amount is: Mortgage bond, interest portion R Municipal rates & electricity costs: R2 000 R

23 No Aspect of the answer Marks Candidate Mark obtained As 0% of the house is used as an exclusive study: R *0% = R South African dividend income is included in gross income, par (k), but is also exempt from tax, s 0()(k). The dividends tax withheld does not impact on her taxable income. The first R of interest income is exempt from tax, s0()(i) as she is below the age of 65 (she is 35 years old). The taxable portion is thus R (gross income) - R (exemption) = R200. Ms Moonsamy appears to hold the investments on capital account and the gains and losses will be accounted for under the CGT regime. The gains and losses can be offset against each other, para 6 of the Eighth Schedule, leaving a net gain of R R = R Ignoring the R annual exclusion, the following must be included in her taxable income: R x 40% = R par 0 of the Eighth Schedule. 7. Ms Moonsamy will qualify for the primary residence exclusion of R (par 45 of the Eighth Schedule). The primary residence exclusion must be apportioned for that part of her house that was used as a home study. The estate agent fees may be added to her base cost (para 20()(c) of the Eighth Schedule) Her capital gain is: R (R ) = R As 0% of her primary residence is used as a home study, only 90% of the above gain can be set-off against the primary residence exclusion. R x 90% = R Her primary residence exclusion is thus limited to R Her total gain is therefore R R R = R ½ 23

24 No Aspect of the answer Marks Candidate Mark obtained Her net capital gain must include the annual exclusion of R (par 5 of the Eighth Schedule). The net capital gain is thus R R = R Only the donation to the SPCA for which Ms Moonsamy received a section 8A certificate is deductible. (s8a()). The deduction is limited to 0% of taxable income. The donation to her niece is not a deductible expense. 9. No, the donation to the SPCA is exempt in terms of section 56()(h) while the donation to her niece will fall within the R donations tax threshold, section 56(2)(b). 0. (Section (k)) limits deductions in respect of retirement annuity fund contributions to the lesser of R or 27,5% of the higher of remuneration as per the 4 th Schedule or taxable income (excl. lump sum benefits but including taxable capital gains in terms of s 26A) and before s8a deduction and the s(k) deduction.. The medical scheme fees tax credit per s 6A(2) is R286 per the taxpayer for every month in the year of assessment that such fees are paid. The credit available to her is thus: R286 x 2=R3 432 ½ 2. Income tax calculation: Salary income R Bonus R Taxable portion of travel allowance R

25 No Aspect of the answer Marks Candidate Mark obtained Taxable portion of subsistence allowance R40 Home office deduction (R3 200) Taxable interest income R200 Total capital gains: Investment gains R Residence gains R Annual exclusion (R40 000) Net capital gain R Inclusion in taxable income at 40% R Taxable income before s(k) and s8a R749 3 (Subtotal ) (Compare to remuneration of R per question taxable income is the higher amount for purposes of section (k)). For purposes of s(k) compare R350,000 to 27,5% of R749 3 = R The lesser amount may be deducted for tax purposes limited to the actual contribution. 2 25

26 No Aspect of the answer Marks Candidate Mark obtained Subtotal R749 3 Less: s(k) deduction (R50 000) Subtotal 2 R699 3 Test R0 000 section 8A deduction against 0% of taxable income 0% of R699 3 = R Therefore full donation is deductible S8A donation (R0 000) Taxable income R689 3 Apply tax per tax tables: (R689 3 R550 00)*39%+R47 996=R Tax before rebates and credits R Primary rebate (R3 500) Medical Scheme Fees Credit (R3 432) Final tax liability: R Total tax withheld by employer R82 87 Compare total tax due R

27 No Aspect of the answer Marks Candidate Mark obtained She must pay an additional R TOTAL (30) 27