GUIDE ON INCOME TAX AND THE INDIVIDUAL (2010/11)

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1 SOUTH AFRICAN REVENUE SERVICE GUIDE ON INCOME TAX AND THE INDIVIDUAL (2010/11) Another helpful guide brought to you by the South African Revenue Service

2 Foreword Guide on Income Tax and the Individual The purpose of this guide is to inform individuals who are South African residents of their income tax commitments. This guide does not attempt to reflect on every scenario that could possibly exist, but does attempt to provide clarity on the majority of issues that are likely to arise in practice. Issues not specifically addressed may be taken up with the SARS National Contact Centre, or your nearest branch office. This guide is not meant to deal with the precise technical and legal detail that is often associated with taxation and should, therefore, not be used as a legal reference. It is not a binding general ruling in terms of section 76P of the Income Tax Act 58 of 1962 (the Act). This guide is based on legislation as at 1 January Should you require additional information concerning any aspect of taxation you may visit your local South African Revenue Service (SARS) branch; visit the SARS website at contact your own tax advisors; if calling locally, contact the SARS National Contact Centre on ; or if calling from abroad, contact the SARS National Contact Centre on (between 08h00 and 16h00 on week days, South African time). Comments on this guide may be sent to policycomments@sars.gov.za. Prepared by Legal and Policy Division SOUTH AFRICAN REVENUE SERVICE Date of 1st issue: March 2002 Date of 2nd issue: April 2005 Date of 3rd issue: March 2006 Date of 4th issue: March 2007 Date of 5th issue: March 2008 Date of 6th issue: May 2009 Date of 7th issue: January 2012 Guide on Income Tax and the Individual (2010/11) i

3 CONTENTS Foreword... i 1. When is an individual liable for income tax? What is a year of assessment for an individual? What are some of the different kinds of income that an individual can be taxed on? Do all individuals have to register as taxpayers and submit income tax returns? Registration Submission of income tax returns Filing an income tax return How to obtain an income tax return? Pre-populated return (requested manually via an ITRR) To whom is the income tax payable? When is income tax payable? What is employees' tax? What is SITE? What is PAYE? What proof does an employee have of tax deducted from his or her earnings? What is provisional tax? Who qualifies to be a provisional taxpayer? When is provisional tax due? How much provisional tax must be paid? What happens on assessment? Additional tax Interest Penalties When may an individual be liable for a fine or imprisonment? Conclusion Annexure A Scale of rates of tax for the 2011 year of assessment Annexure B Example of how tax is calculated Guide on Income Tax And The Individual (2010/11) ii

4 1. When is an individual liable for income tax? Individuals who receive taxable income in excess of a specific amount (known as the tax threshold amount) in a year of assessment (tax year) are liable for income tax. The tax threshold amount for the 2011 year of assessment is R for individuals below the age of 65 and R for individuals aged 65 years and older. Income tax is determined according to a progressive sliding scale (see Annexure A for the rates). The applicable rates for the 2011 year of assessment are enclosed in Annexure A. 2. What is a year of assessment for an individual? A year of assessment for an individual consists of 12 months beginning on the first day of March of a specific year and ending on the last day of February of the following year. The 2011 year of assessment therefore started on 1 March 2010 and ended on 28 February What are some of the different kinds of income that an individual can be taxed on? Examples of an individual s taxable income include income from employment, such as, salaries, wages, bonuses, overtime, fringe benefits, and certain lump sums income from a business or trade income or profits arising from an individual being a beneficiary of a trust director s fees from companies or close corporations investment income, such as interest and foreign dividends rental income income from royalties annuities pensions certain capital gains 4. Do all individuals have to register as taxpayers and submit income tax returns? 4.1 Registration Individuals who receive taxable income in excess of the tax threshold amount are liable for income tax, and must register as taxpayers. An individual who receives only net remuneration of R or less for the full year or in the case of an individual who worked less than 12 full months, the annual equivalent of R60 000, generally does not need to register for income tax purposes. Net remuneration refers to the amount remaining after taking into account certain deductions like pension and retirement annuity contributions and allowable medical expenses. If any other taxable income is received or accrued during the tax year that person must register as a taxpayer. Guide on Income Tax And The Individual (2010/11) 1

5 A taxpayer who has not yet registered with SARS must complete an IT77 registration form, obtainable from any SARS branch office or from the SARS website Note: Any person who becomes liable for income tax must register as a taxpayer at SARS within 60 days after becoming liable for tax. 4.2 Submission of income tax returns Income tax returns must be submitted to SARS on an annual basis. This would be carried out during a period known as Tax Season, which is the period during which tax returns can be obtained and submitted for assessment. The income tax return applicable to individuals is known as the ITR12 form. The tax season for the 2011 tax year opened on 1 July The period during which a return can be submitted has been set out in 4.3. An individual must submit an income tax return if, during the 2011 year of assessment, he or she receives income from employment (salary, wages etc.) from more than one employer and which exceeds a specified annual equivalent (R for the year or R5 000 per month); income from employment from a single employer, if the total received exceeds R for the year; foreign dividends or foreign interest, of which the aggregate amount exceeds R3 700; local interest in excess of R if the taxpayer is below the age of 65, and R if the taxpayer is 65 years or older. If the taxpayer receives foreign dividends or foreign interest (as referred to above), the aggregate amount of the local interest exemption (i.e. R or R32 000) is reduced by the exemption already allowed against the foreign dividends or foreign interest (to a maximum of R3 700); and income from his or her own business (irrespective of what the taxable income or assessed loss is). Example Facts: A taxpayer below the age of 65 received foreign dividends amounting to R1 600, foreign interest amounting to R2 100 and local interest amounting to R Question: What amounts will be subject to tax? Guide on Income Tax And The Individual (2010/11) 2

6 Result: The foreign dividends, foreign interest and local interest will be exempted in the following order: i. Foreign dividends: R1 600 less exemption of R1 600 (up to R3 700 can be exempted). This means that no foreign dividends would be subject to tax. ii. Foreign interest: R2 100 less remaining exemption of R2 100 (R3 700 R1 600 already exempted above). This means that no foreign interest would be subject to tax. iii. Local interest: R less remaining exemption of R (R R3 700 already exempted against foreign dividends and foreign interest). The taxable portion will therefore be R Note: Every year, the Commissioner for SARS (the Commissioner) will give public notice by way of the Government Gazette, indicating all persons who are personally or in a representative capacity liable to taxation in terms of the Income Tax Act 58 of 1962 (the Act) or who are required by the Commissioner to furnish returns for the assessment of tax. The notice will also prescribe the period within which returns must be furnished for the purposes of assessment for the years of assessment specified in that notice. The notice for the 2011 year of assessment was published in the Government Gazette No on 1 July Filing an income tax return The tax season for the submission of income tax returns (ITR12) for the 2011 year of assessment opened on 1 July The deadline dates for the submission of ITR12 returns are as follows 30 September 2011 Deadline for the manual submission of individual tax returns. 25 November 2011 Deadline for branch and efiling submission of individual tax returns for non-provisional taxpayers. 31 January 2012 Deadline for branch and efiling submission of individual tax returns for provisional taxpayers How to obtain an income tax return? An individual who is required to submit an annual income tax return must request the ITR12 return from SARS. This return can be tailored to meet that individual s specific tax needs. In this regard SARS will mail a Request for Income Tax Return (known as an ITRR) to the individual for completion, together with a quick guide on how to complete the request. Taxpayers must ensure that all address particulars have been updated and that SARS has the very latest information, where applicable. The Request for Income Tax Return must be completed and returned to the local SARS office. SARS promotes the electronic submission of tax returns, as it allows for the quick generation and submission of tax returns; easy payments; and interaction with SARS in a secure online environment. An individual who wishes to file electronically or make use of a tax practitioner to do so, may obtain the ITR12 return, which can be personalised to suit the individual s unique tax Guide on Income Tax And The Individual (2010/11) 3

7 requirements, from the SARS efiling website This is carried out by way of completing an online tax wizard which operates in a similar fashion as the ITRR. The tax return can also be requested by visiting any SARS branch office. An individual who earns remuneration of less than R a year, who has a single employer and who has no additional income to declare or deductions to claim, will not be required to submit an income tax return for the 2011 year of assessment Pre-populated return (requested manually via an ITRR) Once a Request for Income Tax Return has been received, SARS will customise the ITR12 according to the complexity of your tax affairs (that is, an income tax return will only contain the relevant fields for the completion of the return to suit your specific needs); and pre-populate the ITR12 with your personal information, as well as with the information contained in your IRP5/IT3(a) certificate(s) (for example, employment income, pension fund contributions, tax deducted). On receipt of the pre-populated tax return, you must Note: verify the pre-populated information on the ITR12 against your IRP5/IT3(a) certificate(s); make changes to (or include) personal information which is new or which may have changed; complete the remaining relevant fields (for example, additional income and deductions); request a revised tax return either via efiling, by visiting your local SARS branch office or by contacting the SARS Contact Centre on SARS (7277) if the return does not make provision for all the fields required; and submit the return: manually to SARS, via mail or by placing the return in one of the designated drop boxes at the nearest branch office or designated drop-off area; or electronically to SARS via the efiling website. (1) Your tax return (if submitted manually) must be signed by you. Failure to do so will result in your return being rendered outstanding, for which penalties could accrue. (2) When completing your return, you will require the following documentation in order to verify the existing, pre-populated information that appears in the return, as well as to complete any remaining portions of your tax return: IRP5/IT3(a) certificate(s). Certificates you received for local interest income earned. Any other documentation relating to income received or accrued, such as remuneration that may not have been pre-populated, trade income, investment income. Details of medical expenses paid and medical scheme contributions made. Guide on Income Tax And The Individual (2010/11) 4

8 The relevant certificates reflecting your retirement annuity fund contributions made. A logbook and other documents in support of business travel expenses (if in receipt of a travel allowance). Any other documentation relating to the allowable deductions you wish to claim. You are required to retain ALL relevant documents for a period of five years from the date upon which your tax return was received by SARS, and produce them should your return be subject to an inspection or audit. You are advised to visit your local SARS branch office or to alternatively contact the SARS Contact Centre on if you have requested an income tax return but have not received it at least two months before the final closing date for submission. 5. To whom is the income tax payable? The income tax is payable to SARS, which acts as an agent responsible for collecting taxes on behalf of the South African Government. SARS also makes use of agents such as employers, who withhold employees' tax on SARS s behalf, and pay this to SARS on a monthly basis. 6. When is income tax payable? The final income tax payable by a taxpayer can only be calculated once the total taxable income earned by the individual for the full year of assessment has been determined. This is normally only carried out after the end of the year of assessment when a taxpayer's income tax return has been processed and an assessment has been issued. The government makes use of, amongst other things, income tax in order to fund social services such as education, health, security and welfare with the funding thereof taking place primarily through SARS s collection and withholding of taxes. There are currently two main methods used by SARS to collect income tax, and these include the withholding of employees' tax (SITE and PAYE) by an employer on remuneration paid to an employee; this is subsequently paid to SARS on a monthly basis; and the request for payment of provisional tax (by selected taxpayers), which is collected by SARS from the taxpayers on a six-monthly basis. Note that provisional tax is not a separate tax, but is in existence to help relieve the tax burden that would exist on assessment, by spreading the payments over two periods instead of one. Provisional tax is covered in more detail in 9 of this guide, while employees tax is discussed in What is employees' tax? Employees' tax is the tax that employers are required to withhold from the remuneration of employees (for example, salaries, wages, bonuses etc) and pay over to SARS on a monthly basis. The tax is withheld when these amounts are paid or become payable to the employees, for example, daily, weekly or monthly. Guide on Income Tax And The Individual (2010/11) 5

9 Employees' tax is therefore a withholding tax on employment income and will be offset against the employee s final income tax liability for the applicable year of assessment. The following amounts may be deducted from earnings before employees tax is calculated: Pension fund contributions. Retirement annuity fund contributions. Medical aid contributions to a registered medical scheme if the individual is 65 years and older. Medical aid contributions to a registered medical scheme which does not exceed the legislated capped amounts (R670 each month for the main member, R1 340 each month for the main member and one dependant; or R1 340 each month for the main member and one dependant plus R410 per month for every additional dependant. Any premium paid in terms of an insurance policy to the extent that it covers the employee against the loss of income as a result of illness, injury, disability or unemployment and for which all amounts payable in terms of that policy constitute or would constitute income as defined in the Act. So much of any donation made by the employer on behalf of the employee as does not exceed 5% of that remuneration after taking into account the above allowable. Employees' tax consists of two components, namely, SITE and PAYE. 7.1 What is SITE? SITE refers to the Standard Income Tax on Employees that is withheld on the first R of full-time employment income. The main objective of SITE is to ensure that the sum of the tax deductions made by the employer is equal to the employee s final income tax liability for the year of assessment. Accordingly, an individual does not have to register for income tax purposes if he or she receives no income other than income from full-time employment below R for the 2011 year of assessment. SITE is deducted from the daily, weekly or monthly earnings payable to an employee. Examples of earnings from which SITE is deducted include salaries, wages, bonuses, overtime pay and taxable fringe benefits. The final determination of SITE is carried out at the end of the year of assessment when the employer has to reconcile the SITE that was deducted during the year of assessment with the final income tax that is payable by the employee on his or her earnings for the year of assessment. The employer must recover or refund SITE where too little or too much was deducted during the year of assessment. The employee does not have to register for income tax purposes if he or she only receives full-time employment income below the SITE threshold of R for the 2011 year of assessment. This means that the employee does not have to complete an income tax return that has to be assessed by SARS. Guide on Income Tax And The Individual (2010/11) 6

10 7.2 What is PAYE? PAYE refers to Pay-As-You-Earn and is the employees' tax deducted by the employer from the amount of full-time employment income that is in excess of the SITE threshold for a year of assessment (in other words, employment income above R for the 2011 year of assessment). Commission, travel allowances and part-time employment income are subject to PAYE irrespective of the amount received. Part-time employment refers to employment whereby a person works for an employer for less than 22 hours in a full week. In instances where any of an employee s employment income is subject to PAYE, the employee s final tax liability is assessed when SARS processes the income tax return that has been submitted by him or her for that applicable year of assessment. Note: In the event that any portion of an employee's earnings is subject to PAYE, he or she must complete and submit a tax return even if the total earnings for the year of assessment do not exceed R What proof does an employee have of tax deducted from his or her earnings? An employer must issue an employee with a receipt known as an employees' tax certificate (IRP5) where SITE or PAYE was deducted from the employee s earnings. This certificate discloses, amongst other things, the total employment income earned for the year of assessment and the total SITE or PAYE deducted by the employer and paid over to SARS. 9. What is provisional tax? An individual who earns taxable income that is not subject to SITE or PAYE (for example, taxable interest, rental or business income), must pay what is known as provisional tax on this income. Provisional tax is paid twice a year (or on a six-monthly basis). Provisional tax is intended to assist taxpayers in meeting their tax liabilities on an on-going basis as opposed to paying a large amount once a year on assessment. The provisional tax paid (as occurs in the case of PAYE and SITE) will be offset against the final income tax that the individual has to pay for the year of assessment. 9.1 Who qualifies to be a provisional taxpayer? A provisional taxpayer is any individual who earns business income or farming income; any company or close corporation; any person who is notified by the Commissioner that he or she is a provisional taxpayer; and any individual whose taxable income derived from interest, dividends and rental income is in excess of R An individual who is 65 years of age or older will be exempt from paying provisional tax if his or her taxable income for the 2011 year of assessment will not exceed R ; Guide on Income Tax And The Individual (2010/11) 7

11 will not be derived wholly or in part from the carrying on of any business; and will not be derived otherwise than from employment income (that is, salaries and wages), interest, dividends or rental of fixed property. As illustrated in 4.2, the taxable amount of interest and dividends is determined by deducting a specified exempt amount from the gross amounts received or accrued. The specified exemption for the sum of interest and taxable dividends for the 2011 year of assessment is R where the individual is below the age of 65 and R where the individual is 65 years of age or older. Foreign dividends and foreign interest will only be exempt up to an amount of R This means that an individual younger than age 65 who only receives a salary and interest from a South African bank will only be a provisional taxpayer for the 2011 year of assessment if the total interest received exceeds R (R R20 000). 9.2 When is provisional tax due? Provisional tax is due as follows: First payment six months after the beginning of the particular year of assessment. In other words, for the 2011 year of assessment, the first payment was due on 31 August Second payment on or before the last day of the year of assessment. This means that, for the 2011 year of assessment, the second payment was due on or before 28 February A voluntary third or top up payment seven months after the end of the year of assessment. In the case of an individual the year of assessment is 1 March to 28 February and the third payment will accordingly have been on 30 September This payment is only necessary if the individual s taxable income is in excess of R Payment can be made to avoid liability to pay interest that will arise due to the final income tax not being settled within seven months after the end of the year of assessment. 9.3 How much provisional tax must be paid? A provisional tax return (IRP6) must be completed by estimating the individual s total taxable income (which includes, amongst others, employment income, business income, taxable capital gains, interest and rentals) for the year of assessment and determining the tax payable on the estimate. The estimate for the first payment must be half of the total estimated liability. The estimate may not be lower than the individual s taxable income (as assessed by SARS) for the previous year of assessment (known as the basic amount), unless permission is obtained from SARS. In the event that an individual has no assessed taxable income for a previous year of assessment, the individual must estimate his or her taxable income for the current year of assessment as accurately as possible. SARS may request the individual to justify any estimate submitted and may increase the estimated amount if the individual is unable to justify the estimate. Guide on Income Tax And The Individual (2010/11) 8

12 The estimate for the second payment must be equal to the total liability for the year of assessment. Should a taxpayer underestimate his tax liability, additional tax may be levied (refer to 11 for further detail). The tax payable on the estimated taxable income for the year of assessment must be determined by applying the rate of normal tax applicable to that amount of taxable income by making use of the statutory rates or by using the tax tables that are available in the Reference Guide on Provisional Tax (available on the SARS website Employees' tax (SITE and PAYE), any foreign taxes paid or proved to be payable by the provisional taxpayer to the government of another country and any provisional tax already paid during that year of assessment, can be deducted from the estimated provisional tax that is payable for the relevant provisional tax period. 10. What happens on assessment? All income tax returns that are completed and submitted to SARS are processed. The assessment shows the final income tax liability on all of the taxable income (including, but not limited to, employment income, business income, taxable capital gains, interest and rental income) earned by the individual for the year of assessment. Processing includes the following steps: All of the income received by a South African resident from all over the world is added together to arrive at gross income. Amounts that are exempt from income tax are excluded from gross income. Allowable tax deductions such as medical expenses, donations to approved public benefit organisations and wear-and-tear allowances are taken into account and deducted to arrive at taxable income. Note that these deductions are subject to certain limitations as legislated. The resultant taxable income is used to determine the normal tax due by applying the relevant statutory rates of tax (see Annexure A). The individual s normal tax due is reduced by a primary rebate and, in the case of an individual who is 65 years of age or older, by an additional secondary rebate to arrive at the net normal tax due. These rebates (or portions of these rebates) are merely in existence to reduce the normal tax due, but cannot result (at this stage) in a refund or credit situation. In other words, they are limited to the normal tax due. The applicable rebates for the 2011 year of assessment are as follows: Primary rebate: R10 260; and Secondary rebate: R The SITE, PAYE and provisional tax paid (jointly referred to as tax credits ) by the taxpayer during the year of assessment are finally deducted from the taxpayer s net normal tax to arrive at the final income tax liability. This will result in a net amount that is either due by the taxpayer or which is refundable to the taxpayer. Note that foreign tax credits may also be deducted from the normal tax due by an individual, but they may not result in a refund. Any foreign tax credits not allowed in a particular year of assessment may be carried forward to the subsequent year of assessment, but are subject to certain restrictions. Guide on Income Tax And The Individual (2010/11) 9

13 See Annexure B for an example on how the tax liability is calculated. 11. Additional tax Additional tax of up to 200% of the tax payable may be levied if all of the income is not disclosed in the income tax return; or a false statement or declaration which results in the evasion or avoidance of the payment of tax is made in the income tax return. Additional tax will be levied if the second provisional tax estimate is less than the amounts set out below: i. Taxable income in excess of R1 million: the estimate may not be less than 80% of the taxable income as finally determined. ii. Any other case: the estimate may not be less than the lesser of 90% of the taxable income, as finally determined; and the basic amount. In the case of (i) above, the additional tax that will be levied is 20% of the difference between the normal tax payable on the estimated taxable income, and the normal tax payable on 80% of the taxable income as finally determined. In the case of (ii) above, the additional tax will be 20% of the difference between the amount of the normal tax payable on estimated taxable income, and the lesser of the amount of normal tax payable on 90% of the actual taxable income as finally determined; and the amount of normal tax payable on the basic amount. In the case of taxpayers who fall into category (ii) above, no additional tax will be levied if the estimate of taxable income was greater than the basic amount. 12. Interest Interest at the prescribed rate may be charged under the following circumstances: (a) Late Payment If a taxpayer is late in paying his or her income tax that is due on assessment If the provisional tax is not paid in full within the applicable prescribed period (b) Underpayment If a taxpayers taxable income exceeds R and the provisional tax paid in respect of a year of assessment is not sufficient to offset the taxpayer s assessed final income tax liability in full. Guide on Income Tax And The Individual (2010/11) 10

14 The prescribed rate of interest is fixed from time-to-time by the Minister of Finance and, in respect of the 2011 and 2012 years of assessment, is as follows: 2011 Year of Assessment: For the period 1 March 2010 to 30 June %; and For the period 1 July 2010 to 28 February % Year of Assessment: As from 1 March 2011 (until such time as prescribed rate changes) 8.5%. 13. Penalties If provisional tax returns are submitted late, a penalty equal to 10% of the amount of provisional tax not paid may be levied. This penalty will be in addition to the interest charged on late payment. Administrative penalties are also levied where annual income tax returns are submitted after the final closing date for the submission thereof. The amount of the penalty varies and is dependent upon the taxable income of the person to whom the return relates. These penalties are payable for each month that the return remains outstanding, and are therefore compounded until such time as the return has been submitted and received. It is therefore crucial to ensure that returns are submitted prior to closing dates for final submission. The penalties system covers a range of non-compliant offences including failure to register as a taxpayer; failure to inform SARS of a change of address and other personal particulars; as well as failure to submit tax returns and other documents. However, SARS has decided to phase in the new penalty system and to focus the first round of administrative penalties on those non-compliance taxpayers who have not submitted tax returns for a number of years. Refer to Annexure A for the table of administrative penalties. 14. When may an individual be liable for a fine or imprisonment? An individual may be liable for a fine or imprisonment if he or she amongst others fails or neglects to furnish, file or submit a return or document as and when required in terms of the Act; or fails to register as a taxpayer or to inform the Commissioner of any change in address; or without just cause shown by him, refuses or neglects to furnish any information or to reply or to attend and give evidence as and when required by the Commissioner or any officer duly authorised by him or to answer truly and fully any questions put to him or to produce books or papers required of him; or fails to show in a return made by him any portion of the gross income received by or accrued to or in favour of himself or fails to disclose to the Commissioner, when making such return, any material facts which should be disclosed; or Guide on Income Tax And The Individual (2010/11) 11

15 obstructs or hinders any officer in the discharge of his duties; or fails to retain documents for a period of five years from the date of submitting the return; or submits or furnishes a false certificate or statement. 15. Conclusion As has been noted in the previous Budget speeches by the Minister of Finance, the income tax payable by individuals can be reduced if everyone pays their fair share of income tax the more of us who pay, the less we all have to pay! It is therefore important that all individuals meet their income tax obligations and that cases of non-compliance are reported to SARS. As a tax-compliant South African, you are responsible for everything good about our country. The income tax you pay enables Government to meet a host of economic and social development needs of our country and its people, thereby ensuring a better life for everyone. It is hoped that this guide will contribute to greater clarity regarding the basic application and interpretation of the provisions of the Act pertaining to income tax and the individual. Guide on Income Tax And The Individual (2010/11) 12

16 Annexure A Scale of rates of tax for the 2011 year of assessment The statutory rates of tax for the 2010/11 tax year are TAXABLE INCOME RATES OF TAX R R R R % of each R % of the amount above % of the amount above % of the amount above % of the amount above and over % of the amount above Rebates Primary rebate R Secondary rebate (persons of 65 years or older) R5 675 Tax thresholds The tax thresholds at which liability for normal tax commences, are persons below 65 years of age R persons 65 years of age or older R Interest exemptions Persons below 65 years R Persons 65 years or older R Retirement fund lump sum benefits There are two categories of lump sum benefits Retirement fund lump sum benefits; and Retirement fund lump sum withdrawal benefits. A retirement fund lump sum benefit refers to a lump sum from a pension, pension preservation, provident, provident preservation or retirement annuity fund upon either Retirement; Death; or Termination of employment due to redundancy or an employer ceasing trade. A retirement fund lump sum withdrawal benefit refers to a lump sum from any one of the abovementioned funds which is payable other than as a result of retirement, death, termination of employment or redundancy. The amounts of R and R in the tables below, that is, the threshold where the lump sum payments become taxable, are only available to a taxpayer once-off. Lump sum benefits must therefore be aggregated from 1 October 2007 in respect of retirement fund lump sum benefits, and from 1 March 2009 in respect of retirement fund lump sum withdrawal benefits. Guide on Income Tax And The Individual (2010/11) 13

17 Once all lump sum benefits are aggregated, the tax due is calculated in accordance with the respective tables below. Tax payable on previous lump sums is deducted from the total tax payable to arrive at the tax payable on the current lump sum. Table for retirement fund lump sum benefits TAXABLE INCOME Not exceeding R Exceeding R but not exceeding R Exceeding R but not exceeding R Exceeding R RATES OF TAX 0% of the taxable income 18% of the taxable income exceeding R R plus 27% of the taxable income exceeding R R plus 36% of the taxable income exceeding R Table for retirement fund lump sum withdrawal benefits TAXABLE INCOME Not exceeding R Exceeding R but not exceeding R Exceeding R but not exceeding R Exceeding R RATES OF TAX 0% of the taxable income 18% of the taxable income exceeding R R plus 27% of the taxable income exceeding R R plus 36% of the taxable income exceeding R Fixed amount penalty table : Amount of Administrative Non-Compliance Penalty (see 14) Assessed loss or taxable income for preceding year Assessed loss R0 R R R Penalty R250 R250 R500 R R R1 000 R R R2 000 R R R4 000 R R R8 000 Above R R Guide on Income Tax And The Individual (2010/11) 14

18 Annexure B Example of how tax is calculated An employee who is not yet 65 years of age and who is a resident of the Republic, received the following income for the period 1 March 2010 to 28 February 2011 (that is, the 2011 year of assessment): R Pensionable Salary Overtime Bonus Interest from South African Banks Dividends from South African companies Dividends from foreign companies Net rental on fixed property TOTAL INCOME RECEIVED The employee contributed R to a South African pension fund during the year of assessment. Employees' tax was deducted during the year of assessment as follows: SITE 540 PAYE Provisional tax payments for the year of assessment Calculation of taxable income: R Gross income received Less: Exempt income: Dividends from South African companies (1 200) Foreign dividends (limited to the lower of R3 700 or the actual amount i.e. R3 500) (3 500) South African interest (limited to R less the R3 700 foreign dividend exemption to the extent that it was used) (18 600) Income Less: Deductions: Current pension fund contributions (13 500) TAXABLE INCOME The income tax payable on the taxable income of R is calculated by applying the statutory (marginal) rates of tax for the year of assessment ending 28 February 2011 (see the applicable table in Annexure A). This is determined as follows: The taxable income of R falls within the taxable income bracket of R R , as per the table of rates. Guide on Income Tax And The Individual (2010/11) 15

19 As per the table of rates, the tax on the first R is The tax on the amount above R is 25% of (R less R ) Therefore, 25% x R is Normal tax payable Less: Primary rebate (10 260) Net normal tax payable Less: SITE (540) PAYE (29 110) Provisional tax paid (6 000) TAX LIABILITY (TAX REFUNDABLE ON ASSESSMENT DUE TO YOU) (910) Guide on Income Tax And The Individual (2010/11) 16

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