Penalties Posts in Tax Q&A

claiming rental expenses against bond (residential)



Hello Tim,I came across this and would like some advice on whether or not it means I shouldn't claim rental expenses for the space I use for office purposes in my home. I'm still paying the bond towards the property and use one of the rooms as an office. (beware, if you own your home, do not write off a portion of your interest on your bond or rates, as you will lose your primary residence capital gains exemption of R2-million! When you sell your property one day, this would equate to ...

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In serious need of help and advice please



Hi,

My previous employer failed to submit my IRP5 in time. I was only issued (after a few months of begging) with a copy of my IRP5. This I sent to my Tax Practitioner, I have been informed that Im being audited via my Tax Practitioner, SARS didn't contact me, can this be? What does it entail? Am I in trouble for a previous employer's negligence? What to do now that the closing date is in November and I still haven't heard / received anything.... what will happen if I miss the c...

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Tax question?



Hello there, I recently sold my house and invested the money in interest bearing acc. I have now moved to the Uk. I needed to get tax registered to sell my house. Prior to this I was not working as my partner supported us. I beleive I have to do a tax return. I registered for my tax number online but have not been able to get registered to do a return online as it comes back as incorrect data. I beleive the number was registered at Germiston or Alberton office. Can you register me online for ...

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Tax Implications Of a Cash Gift/Loan Between Family Members



My wife received a R250K cash gift (or loan) from her mother on the condition that it should be repaid if the mother needs it back - otherwise it is to form part of her inheritance.Is there any tax implication to this besides my wife declaring the interest earned on this amount as taxable income on her returns?

Have not done eFiling for 2013 will I be in trouble and I don't work any more.



I would like to know if I have not done eFiling for 2013 and I want to submit to SARS will that be a problem? Also I don't work any more almost 5 months what will this mean for me in terms of tax returns or will there be a problem with SARS.

Do we include inheritance and personal property as a sole prop when filing small business tax return



I'm helping my mom do her tax for her small business. We have deducted all the necessary amounts under the expenses section. My mom owns a house that is standing empty and she has a small inheritance of about R100 000. she is a sole prop. do we have to declare this? they are not part of running the business. this is invested in a money market account. she does declare the interest earned to tax.

How do IT3(b)s work for accrued interest to prevent double taxation?



An IT3(b) certificate from my bank for a fixed deposit usually saysNet Accrued: XNet Earned: YInterest: X+YSo X+Y should be declared on my tax return under code 4201 if I understand SARS guidelines correctly.If that is the case, since the accrued interest is not yet paid to me, the following year it will be paid out.Then would it not occur in Net Earned the following year and essentially be taxed again? Or does the IT3(b) take that into account?

Compiling supporting documents for medical expenses not covered by medical aid scheme



I have been asked to submit supporting documents by SARS for verification purposes and I was wondering what the requirement is with regards supporting documents for medical expenses not covered by my medical aid scheme?

On my Income tax certificate from Discovery there are two numbers given. Firstly one number for Contributions during the period and secondly a number for 'Claims not recovered from the Scheme'. I duly included these under the requisite sections when completing my tax return. ...

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How late can a request for correction of my ITR12 be made?



A friend of mine, has submitted her IT12 by e-filing, she was then asked to submit supporting documents, once these were submitted, she was told that she will be audited as part of the tax compliance procedure. She is concerned because when submitting her IT12, she had lost her log book and had to redo this from memory and is now worried that the log book will be inaccurate and the audit will bring this up. As she doesn't want to get into trouble, she wants to know if it is still possible to do ...

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Objection allowed, how long before SARS refunds me?



I completed my 2014 tax return in July, but was then chosen for audit. After receiving a finalisation letter, I was chosen for a 2nd audit and requested to send more doc's. eFiling however was not "opened up" so the doc's could be uploaded, and an ITA34 was issued without the necessary doc's. I disputed the assessment, and received a notification that the objection was allowed on the 3rd of September. How long will it now take SARS to refund the money into my account?

IT3b documents received from my investment house, what do I do with them?



Where do I enter info from IT3b certificates?

Risk of underestimation of provisional tax in August?



If you underestimate your provisional tax in the August submission, but then are better able to more accurately estimate it in February, are you penalised for the under estimation in August? Furthermore, are there possibly any thresholds for underestimation in August which gives rise to a penalty, even if you accurately submit in February. Or is it is you're able to estimate accurately in February, that there are no penalties induced despite the underestimation in August?

2015 Provisional Tax figures please?



1. Tax tables for 20152. Tax Rebates - Primary & Secondary3. Tax Thresholds for over 654. Exempt portion on investment interest - over 65

Can attorney's fees be deducted against rental income?



I bought an investment property in the 2014 tax year, which I currently rent out.
In the process of buying the property I paid the transfer attorney fees of R10 620 and the bond attorney R12 963.
Am I allowed to include these amounts in my ITR12 tax return as Local Business Expenditure under Legal Fees or some other category?

Tax Free Unit Trust Investments?



Is there any other tax saving unit trust that one can invest in other than an RA or Pension fund. I heard there is a R 30 000 pa allowance if you invest in the right unit trust (or is this from 2016?)

Do provisional tax payers that have PAYE deducted and paid over monthly have to submit 1/2 year retu



If I am a provisional tax payer and my company pays my PAYE over to SARS on a monthly basis, do I have to fill in the half return. Can I not just state that PAYE is deducted and paid over monthly. I earn dividends and some interest over and above my monthly salary.

How to get ITR12 from SARS eFiling?



How do I submit my documents through eFiling? I registered in eFiling but I cannot get ITR12 form when I login?

Shoud I (non South African) pay tax on my global income which comes to my non resident account?



I am a foreigner working overseas. My spouse, also a foreigner, lives in South Africa on a work permit and pays taxes here. When I am not doing my consultancies, I come to South Africa to stay with my spouse. I have recently opened a non resident account in South Africa so that my consultants fees can be paid to the account here and it will help me with liquidity as well as eventual investments that I may want to make. What is my tax liability in South Africa?

Do I need to submit tax return for rental income (only income apart from maintenance) of R80 000?



I am divorced, not employed and receive monthly maintenance - which is tax free as far as I know? Only other income from rental (annual total for 2014: R80 000). Do I need to submit a tax return?

What is a reasonable market related interest rate to use on a loan to a family trust?



Hi Tim, what is regarded as a reasonable interest rate on a loan made by a trustee to a family (discretionary) trust in order to avoid a "Deemed donation" being made in the form of no/too low interest? I would argue that it would be an "opportunity cost" rate - for example a FNB money market rate.

Closing date of tax return?



When is your deadline date of tax return?

Is there any refund due to me for 2012 and 2014?



On 2012 I did my eFiling and my return was R-1478.05 this year 2014 I received Notice issued on SARS for ITA34 for 2012/1
Thank you for submitting your income tax return for the 2012 year of assessment.Your assessment has been concluded and reflects an amount refundable to you of R-1478.05
please note that this amount only reflects your income tax assessment and does not reflect tax payable under any previous assessment or any othre balances on your account.The current balance on your ...

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SARS delayed claim on penalties?



Yesterday 04 August 2014, SARS informed me, for the First Time, that there is a reoccurring penalty against me from 2007 - 2008. I resigned from my job as we were moving, so I only worked 2 months for that tax year earning only R9000.00 in total for the year.
I started to work again in 2011 and did my TAX returns, at that point SARS told me there where no outstanding penalties.
I have no proof of anything as legally I must keep papers for 5 years, thereafter I dispose of them.

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Can I file late returns?



Can I apply for tax returns as far back as 1997 South Africa and how do I do so

Owning a second property with no real rental income and the implications on tax



I own a second property which is an apartment in a small block of flats. My in-laws are the tenants so I don't charge rent. However, they do pay the monthly levies for the apartment.
Since I don't charge rent, would the monthly levies that they pay be seen as an income to me from the apartment? (As the owner of the property, I would normally have to pay this). Expenses that I incur on the property are rates & taxes, bond interest and insurance. These expenses exceed the monthly levies....

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