Penalties Posts in Tax Q&A

Tax liability for an Independent Contractor



My son started as a independent contractor March 2015 and has not paid tax. He earned R10k for 2 months and R5k for the rest of the year. He got paid a lump sum of R80k when the job was done. He is going to SARS but what tax or penalties can he expect

Can I get a tax number on a deceased estate?



I was the Executor of my late Sisters estate. She passed away in 2007-it was an estate of R300k so no duty payable. One Insurance company somehow say they have a policy in favour of the Deceased. I do not have her Tax number and a Tax consultant tried to find a tax number but came up blank. They want a tax number before paying out.

Maximum amount allowed to loan out



Is there a maximum amount of money I can loan out to friends and family? Can I loan out R2 mil without having some kind of license?
Someone told me that you can only ever loan out R500 000 at a time, being broken up into maximum of 100 loans. I have loaned out more than R500 000, so I need to know if I am in the wrong here and what I can do to fix it.

What is the tax on interest earned for a non-resident?



I am currently living outside of South Africa. Am I able to deposit money with a South African bank and at what rate will my interest earnings be taxed at? Am I able to withdraw the money easily again from South Africa?

How can we claim bond interest from rental income when married out of COP?



My wife and I are married out of COP (ANC with accrual). My wife owns an unbonded property that she lets. This means she has a lease agreement with the tenants, although they pay their rent into my account. I own the property that we reside in, which is bonded. The nett effect is that we receive rental income and pay bond interest, albeit on different properties. I would like to be able to claim the bond interest from my wife's taxable income. In order to do so, I assume we need to take out ...

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Setting up small business while employed



Can I set up a small business while still employed? The business doesn't do work that conflicts with current employer.

Where to reflect interest on Tax Free Savings account?



Must interest earned from a Tax Free Savings Account be included in one's non-taxable income that one submits to SARS?

Submission of late Provisional Tax returns



I received rental income in 2016 tax year, but didn't pay provisional tax. On my ITA34 I am not registered for Provisional tax, but on my SOA, requested one day later, it states that I am registered for Provisional Tax. What are my options now in order to pay the minimal penalties/interest? Do I rather not submit the late IPR6 tax returns and only specify the rental income when I submit my next Income Tax Return?
Also, how does the fact that I am married in community of property influence ...

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What expenses can be deducted when renting out my short term holiday cottage?



What expenses can be deducted from tax for renting out a cottage on my property as short term holiday rentals through Airbnb etc?

What is the 2016 tax submission deadline?



When are the Year end tax submission due? Or rather when is the dead line?

Need to bring tax returns up to date



I have been working full time for about 4 years now. I have never submitted a tax return due to complete ignorance on my part. I have a few questions:

1. What is the best way to rectify this situation?
2. Will I definitely have to pay penalties? What is the probability of having to pay penalties?

Minor's tax obligations on inheritance



If a minor child inherits - how much do they have to earn before they must be registered for paying tax?
If they are not liable for tax, does one as the parent still have to notify SARS that they have funds invested?

What are the SARS obligations and benefits for a taxpayer aged 74 years for the 2015/2016 tax year?



With regards to your post of 23 July 2012, about retirees aged 65 years and older: have there been any changes since then in SARS requirements for tax returns for the 2015/2016 tax year, or not? What benefits can such a taxpayer expect? What is the taxable threshold for a taxpayer 74 years of age (turning 75 in June 2016)? Where do donations fit into all of this?
1. Main source for living expenses is interest income. 2. Medical aid premium is paid by the retiree in full, in addition to medical expenses which go beyond medical aid benefits. ...

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Are bond initiation fees, legal fees and valuation fees deductible for tax?



Hi, I have registered as a provisional tax payer and did my tax return in August. My rental expenses (levies, interest and taxes) are greater than my rental income I earn. Do I still need to file the provisional tax payer tax return now and see if any payments are due?

I have paid for your services for my personal income tax, but haven't received any of my tax information yet (for investments, medical aid etc). Must I just wait until those all come later in the year and send them thro...

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Is my business liable for PAYE as soon as I register?



I registered my SME for PAYE in December 2015. When do I become eligible to start paying PAYE? I'm the only employee and my salary is tax deductible?

Amendments in EMP 201/501



This question is regarding amendments in EMP 201/501. The start date of an employee has changed. For eg, The start date was 24rth December, but the amended start date is 24th Nov. He is getting paid for the whole month of December (excluding payment made previously) and 6 days of November In March 2016. He ceased working in January 2016. Should we revise the EMP 201 of November and December? (Accrual Basis)
Or Should we treat the payment in march as a one time pay and amend EMP 501 only? (...

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Duration for submission of AFS



I have a question, what is the maximum duration which you are given by SARS for submission of annual financial statements after your financial year end? I am asking this question because I was denied a Tax clearance certificate because I have not yet submitted my financial statements. Also, what is the effect thereof i.e. penalties involved?

Penalties deducted from pay out?



I looked on the SARS eFiling and it stated that I should pay them a big amount of money (I assumed it was for late tax returns). A week later they paid out a small amount, after a consultant said we do not owe anything on their system. Am I correct in assuming that they deducted the penalties from the tax returns and paid out what was left? Or should I still be worried about that letter?

Can residual bond interest from one property be offset against rental income from another property?



I have two properties and I pay bond interest on both.

With regards to deducting bond interest from rental income, can residual bond interest from property A be deducted from rental income from another property for tax purposes?

It is aleady summarised



Is south African interest exempted?

Taxation on foreign sourced pension



My wife and I are Irish and UK citizens respectively, currently living in the UK and are interested in the feasibility of retiring to South Africa. Our method of retirement would be either on a temporary retirement visa or as a person of independent financial means. I only mention this in case it impacts on my question. My particular interest is understanding how my UK pension income would be taxed in SA. My pension would be derived from a number of sources
1. UK State pension
2. Company pension. All pension is derived from activities not associated with South Africa...

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SARS, bitcoin wallets and disbursement of BTC funds



However, there are a number of issues that I cannot get to grips with regarding the storage of BTC in a wallet and the further use of BTC outside the fiat system:

1) If I moved my BTC to a wallet provider outside of SA (blockchain, based in Luxembourg but servicing globally) does SARS see this as an offshore transaction? as:
a) The wallet provider is not a registered global institution as such. b) No interest is accumulated to this wallet / amount, so no income is generated.
...

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Will I receive a penalty if my second provisional tax payment is late, however I make a third top-up



Good day, I have not paid my provisional tax that was due on 29 February 2016 due to very little money coming in and low on funds. Will all be in order if I don't pay, but can make the full payment on or before the 3rd optional payment?( September if I am correct)

What to do if SARS penalises me?



I was working freelance for 2 companies. My salary was plus minus R15,000 a year. SARS penalised me because I don't fill in forms. They say I owe R10,500. I don't have that money - what can I do?

I have received an ITA88 - what can I do?



Hi, I earn under R125,000 a year. I have not filed my tax returns for the past 4 years - recently a huge amount was deducted from my salary (SARS ITA 88) what do I do? Can I get that money back?
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