Determining tax residency

Posted 24 November 2015

In determining whether one is a tax resident, you use two criteria: one is born in SA, the other if one resides in SA or has formally emigrated. I am in doubt - I am born in SA, moved to Europe 20 years ago, renounced SA citizenship and now have just moved back (on a foreign passport).

What is the definition of 'formally emigrated' and how to determine my tax status?

Any tax on inheritance of a house

Posted 24 November 2015

My daughter will inherit my primary residence. Are there any tax implications for her and/or for my estate? Like CGT for example.

What taxes would be applicable to my gross salary in UK?

Posted 24 November 2015

Dear Tim, I am a provisional tax payer in South Africa. What would my tax parameters be if employed and paid by UK company?

Declaring financial derivative gains on the ITR12

Posted 24 November 2015

I earned income as the result of trade in financial derivates. I am not a professional trader and do this in my spare time. How do I declare this on the ITR12 and how do I claim expenses against this income? Is this defined as a business or as investing and capital gains? I used my home office and own equipment for financial research and online trading. In a previous answer you stated that this type of income can be declared on the ITR12 but somehow I missed it in the TaxTim Q&A process. When I ...

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Tax on Receiving Foreign Funds over R100 000

Posted 23 November 2015

My mother is moving to RSA and wants to transfer an amount of R250 000 into my account to 'hold' for her until she sets up her RSA bank account. The amount is in EUR. I spoke to SARS who claim that I can declare it as 'non-taxable income/gift' in my tax returns. I asked them to clarify donations tax but they insist, it will not be counted as a donation unless I file an IT144?

a) is this true; every person and website I have checked with refer to donations tax @ 20% (on amounts > R100 000) ...

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Need IRP5 from insolvent employer?

Posted 23 November 2015

I want to get my IRP5 from previous employer for 2012 tax year, but that particular company has gone insolvent, so I have no way of getting relevant information for that period, What do I do?

Can I offset my rent paid against my rental income derived?

Posted 22 November 2015

I own an apartment that I let out. However I also rent an apartment for me to live in. Can I offset my rental expense against my rental income on my primary residence?

Declaring Dual listed company dividends

Posted 22 November 2015

I own Richemont and Billiton shares that are dual listed on the JSE. On my IT3b:

- Richemont dividends are shown as "foreign dividends" and 35% tax is deducted as "foreign tax paid".
- BHP Billiton dividends are shown as "foreign dividends" but the normal 15% witholding tax is deducted.

Do I need to declare both of these under foreign dividends and foreign tax credits or are they different?

Tax benefit for working in a non-profit organisation

Posted 20 November 2015

I work for a global non-profit organisation. I am based in South Africa and my letter of employment is aligned with SA employment regulations and taxes. Are there any tax benefits that apply in this case?

CGT on jointly disposed asset

Posted 20 November 2015

How to complete a tax return when you have jointly disposed of a asset that attracts CGT. Do you load it on both's tax returns or only one - married ANC with accrual

Where on my SARS form do I submit info for a Unit Trust Investment if I get a IT3(b) Portfolio incom

Posted 20 November 2015

Where on my SARS form do I submit info for a Unit Trust Investment if I get a IT3(b) Portfolio income summary?

where do I put medical aid savings interest earned INCOME TAX - IT3(b) in the tax returns?

Posted 19 November 2015

This year I received R400 from an INCOME TAX - IT3(b) from the medical aid as interest earned, this is the first time I receive it with an amount previously it will just be R0. 00. Do I need to include this amount in my tax return and if I do where do I put in?

Which section does capital gains tax fall under?

Posted 19 November 2015

During the past tax year, my husband and I (married out of community of property) bought a property together to rent out. We fixed it, but subsequently sold it for various reasons. Which section does this capital gains tax fall under? It's not under interest/investments and the questions under "business" confuse me... Thanks,

Interest on family loans

Posted 19 November 2015

If I loan my child R150 000 and charge her 7,5% interest, would that be considered fair interest by SARS ( I will also donate R 100 000 to her in that same tax year), and the interest I earn (from the loan) would that fall into the R 23 800 interest exemption, and not actually be taxable?

What is the limit on taxable interest from investments per year?

Posted 19 November 2015

What is the maximum amount of interest I can receive on my investments for a year, before I begin to be taxed? I am not married. I have a Fixed Deposit and I receive rental income.

How to declare other income, if when combined with interest income is still below the threshhold

Posted 19 November 2015

I resigned my job to study. I have an income on an investment of - R7000 pa and I did some adhoc consulting for a company for which I earned R30000. My wife's tax adviser told me that I still need to submit a tax return as I have income from two different sources. He also said that I don't need to register as a provisional tax payer as I am not actively generating an income that will exceed the tax threshold. (I understand that should I consistently do more freelance work and if my income increases that in future I may have to register as a provisional tax payer. )...

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Tax already paid only dividend income

Posted 18 November 2015

Do I included foreign and/or local dividend income on a unit trust if it has already been taxed as per my IT3b

How should I complete the ITR12 form without a IRP5?

Posted 18 November 2015

I was employed full-time until end of September. After that I did locum work. I don't have an IRP5 for this period, since I was never permanently employed. How do should I complete the ITR12 form in this case?

Can't get old IPR5 from previous employer

Posted 17 November 2015

What should I do if I can't get my old IRP5 from my previous employer, SARS is owing me R6000

Subsistence allowance claim

Posted 16 November 2015

My employer gave me a subsistence allowance for local travel. But they have shown it under Code 3713 (other allowances) instead of under the subsistence allowance code. The subsistence allowance field on the tax return is greyed out and so is the other allowances field. How do I claim my expenses?

Source codes 4201 & 4250

Posted 16 November 2015

Which section do you enter income source code 4201 & 4250? I have investments at RSA Retails Bonds and Satrix. I didn't see anywhere to enter it.

Where to put things on tax return

Posted 16 November 2015

I worked for a company for two months last year and then worked for myself and invoiced out work. This means I have a IRP for the 2 months and then have to declare my income and expenditure on the balance of the year. When I populate the form I say yes to other income (trade). Where do I declare my expenses - such as computer, printing stationery, vehicle, medical, telephone, bank charges?

Is it better to buy or lease a vehicle for a commission earner?

Posted 16 November 2015

I am a real estate agent and require a vehicle to travel to appointments, etc. Would it be better to buy a vehicle (new or used) or lease a vehicle? My understanding is there are greater tax benefits in leasing (claim 100%) while buying a vehicle there is only a portion of the vehicle and interest you can claim. Is this correct? Which would you recommend?

Tax on Dividends received by Share Holder

Posted 15 November 2015

I have a EME Company registered for turnover tax. The profit is under R200 000, thus exempt from Dividend Tax. When I pay dividends to one of the two 50/50 share holders, must that share holder pay any tax on the dividends received, and can I pay all dividends to only one share holder?

Does a foreigner with a 5 year contract to work in SA need to file a tax return?

Posted 14 November 2015

If a taxpayer from Germany has a 5 year contract to work in South Africa for a South African employer (of an international company), would that taxpayer need to file a tax return? The employer registered the taxpayer for income tax and is deducting PAYE on a monthly basis. The taxpayer earns more than the threshold and will be tax returning to Germany after the contract.
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