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Penalties Posts in Tax Q&A

Treatment of rental loss and living expenses while studying

  Written by Nicci  

From Sep '14 to Oct '15 I temporarily left the employ of my company to study my MBA full time overseas. During this time I rented my primary residence in South Africa out. (a) Am I able to deduct the losses on the rental of my primary property (rent - levies - interest on bond - rates) from my taxable income?

(b) During the time I was away, I had to make use of savings to pay for living expenses (food, necessities, partial travel expenses, but NOT tuition, textbooks, accommodation, vi...



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Do I need to tick box on tax return for IRP5/IT3A for foreign pension received?

  Written by Nicci  

Hi there, was filing my tax return and got selected for verification. I think that it might be as a result of ticking the wrong boxes though - I receive a pension from overseas and interest on my Standard Bank account but I did tick the box for the IRP5/ IT3A saying that I got one such certificate. I then filled in the interest amount under Local Interest and noted the foreign pension under not taxable. Am I right in assuming that I should, in future not mark the IRP5/ IT3A box? (I always though...



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Should I provide SARS with an affidavit if the requested documentation is unavailable?

  Written by Marc  

My previous employer refuses to provide me with my 2013 IRP5, which resulted into me paying an penalty amount. I was told that I should provide SARS with an sworn affidavit to prove that one cannot produce the document they requested. Is that true? I would also like to know if you provide SARS with the affidavit, do you still need to pay the penalty amount?

LOCAL SA RENTAL INCOME PLUS UK INCOME TAX PAID SEPARATELY

  Written by Marc  

i am 70 year old, live in UK, 95%, earning interest from investments in the UK and paying UK taxes with a UK tax no. i also have 3 properties in South Africa, and pay local tax in South Africa
from rental income. also have SARS tax no. are there new laws which i am not aware of? I have been submitting tax returns on this basis for the last 20 years with no problem. will this be ok for the future. thanks.

Do SARS offer payment plans?

  Written by Marc  

Do SARS have a payment option, I have been informed that I owe them an amount from 1999 and the interest is now more than what the original amount was. I cannot pay it all at once, so do they have payment options

What does a "manual audit" mean, what does it entail and why would I be trasnferred to it?

  Written by Marc  

I have submitted my tax return and was triggered for audit verification. I missed the first deadline to submit and then received a final demand letter. I submitted all the supporting documents on the final due date. I have called 3 weeks later and they say I have been transferred to a manual audit. I was not informed that my audit was being transferred to "manual", which I don't know what it means. What does a manual audit mean and why have they transferred me to it?

What are the penalties and interests paid for provisional tax?

  Written by Marc  

What are the penalties and interests paid for provisional tax?

Will I be taxed if I loan my brother money interest free?

  Written by Marc  

Will I be taxed if I loan my brother money interest free. I am a South African resident but he lives in the UK.

1. penalty - delayed return. 2. submit returns for previous years 3. community of property/customery

  Written by Marc  

1. What is the penalty for delayed tax return submission?
2. Can you still submit tax returns for previous tax years which were never submitted?
3. What effect does married in community of property or customary law

I started freelancing 3 motnhs ago, do I need to do my taxes this month?

  Written by Marc  

I started freelancing 01 November 2015
I was still working until 31 October at a company that was paying my tax for me. Do I need to do my provisional taxes this month (February) or should I wait until August?

Penalty for late payment of vat

  Written by Marc  

What is the penalty for late payment of vat?

How to practically offset an assessed loss

  Written by Marc  

Hi Tim, I owe SARS R240,000 for income tax year 2012. However, when I checked my compliance, I had not submitted an income tax return for 2011. So I submitted this and obtained an assessed loss of more than R1m. How do I practically use this assessed loss of 2011 to get rid of the 2012 debt of R240k on SARS SARS eFiling

Slitting income when married in community

  Written by Marc  

Can you please explain what amounts get slit 50/50 when a couple is married in community of property please? My husband is retired and I am the breadwinner. We receive rental and interest. Also what to do with the medical expenses, both membership & additional, in my name only?

Tax thresholds and married in community of property

  Written by Nicci  

I am a provisional tax payer 66 yrs of age & married in community of property my income is derived from an annuity & interest from fixed deposits, what is the maximum I can earn before I pay tax.

Give me an example please R500 p/m x 30 years

  Written by Marc  

I have a retirement annuity with Momentum. I only pay R500 a month and want to know on the day I retire if 2/3 will have to be reinvested in a annuity (to pay me interest every month) or if there is a certain threshold whereby I get 100% out on the day I retire?

On SARS website the use the wording "annuity interest lumpsum" which tells me its on the "interest" part on where you might get something back.

Tax payable on unit trusts in us $ when converted to cash

  Written by Marc  

Tax payable on unit trusts in US $ WHEN CONVERTED to cash

Living Abroad - nil return

  Written by Marc  

I have been working abroad for 2/3years in April, and was unaware I had to submit a nil tax return to SARS. I logged on and received a notice dated (current date - day of login)
Could you please confirm, I am not a provisional tax payer - do I have to file a nil tax return if no income in RSA
Also, what are the penalties for a late submisison of tax return (zero to pay)
How long to I continue to submit nil tax returns, or can you de-register?

Vehicle Finance - should I be noting my monthly vehicle installment on tax return

  Written by Marc  

Finance / Other Costs - Travel Allowance

Hello,

just to confirm the vehicle I current use for business travel is financed - would this be where I enter my monthly finance installment or is this not supposed to be noted on a tax return?

Travel

  Written by Marc  

If you are self employed and pay provisional, can we use the SARS tables or are we required to give actual costs.... I. E. Fuel repairs...,,
If we are required to give actual cost can we claim back finance repayments or the interest only, aswell as 20 % depreciation...

Tax Deduction from Provident Fund

  Written by Nicci  

I had R300 000 tax deducted from my late husband's provident this year - will i qualify for a tax refund? I am unemployed i was dependent on my husband fully

Vehicle repayments

  Written by Marc  

Hi Tim I am a solely commissioned based earner for one company can I claim vehicle repayments

Is there a penalty when SARS is late in payment to a taxpayer?

  Written by Marc  

Hi there,
Is there a penalty when SARS is late in payment to a taxpayer? If so, what is the penalty. Hopefully this works both ways. I'm eager to know. It would be much appreciated. Kind regards

New business provisional tax

  Written by Nicci  

I registered a new private company in late September 2015 and would like to confirm by what date the first provisional tax return must be submitted. The company's financial year end is February. On the Notice of Registration with SARS, it states that the company is required to make provisional tax payments as from the 2017 tax period and that the date of liability for provisional tax is 2016/03. Many thanks

What are the admin penalties, if any, for late submission of the second provisional tax return

  Written by Marc  

Apart from the potential penalties for under estimation of provisional tax, are there additional (separate) penalties for non/late submission of the second provisional tax return?

Independent Contractor Setup

  Written by Marc  

Hi TaxTim

Great site!

I need guidance on what is required ito independent contractor (IC) tax & vat requirements. 1) If trading through my PTY LTD company as an IC, do I pay companies tax as well as personal income tax?
2) Do I deduduct all claims and deductions (medical aid, RA) prior to paying over tax, or only when I reconcile/ file tax?
3) How many times a year do I need to file tax returns?
4) Do I need to setup PAYE and UIF?
5) Income will exceed R1m per year, so vat should be registered. If true, When do I pay vat over to SARS and what paperwork is involved?...



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