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Independent Contractor Posts in Tax Q&A

Are setting up of WILLS tax deductible?



Can I deduct the cost of setting up a Last Will and Testament in my next ITR12? I have already received an invoiced from my attorney.

Salary paid and claimable expenses?



1. I am a salaried employee, I receive a travel allowance so I claim my business km's by using a logbook- but I would like to know whether I can also claim the depreciation on my vehicle even if I claim km's?

2. My wife was unemployed for 18 months, so I paid for her medical aid, she submitted a 0 return for herself, would just like to know whether I can claim the medical aid expenses on my tax return ( as I paid for it, but it is on her name). 3. I have a Samsung Tablet which I use 9...

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S10(1)(o)(ii) - does all the time out of SA need to be spent actually working?



I am a freelancer, and last year I spent 248 days out of SA, in three blocks (including one block of more than 60 days). During some of this time out of the country, I did some contract work - two jobs for two different foreign companies, and one job for a South African company. But I spent much of the time not actually working, but travelling/holidaying. Of the 248 days, only 97 were spent on work contracts. So I just want to clarify whether the income I earned on those three contract jobs is t...

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Treatment of reimbursive and travel allowance in the same period?



How do we calculate business km's when employee has got both reimbursive and travel allowance?

Can I claim more than the allowance: note salary is more than 50%



I am a business manager earning a salary/commission. Salary is more than 50% . I receive a travel allowance of 2500 per month.My m/v expenses are greater than 2500 per month. Can I claim more than the R30 000 allowance?

Maintenance claim on my vehicle if only recently started getting travel allowance for my personal mv



I am a permanent salaried employee, I use my personal vehicle for business purposes, my company pays for my fuel, but I only recently started receiving a travel allowance, it has been worked into my current package so I don't get paid more it has just been incorporated into my salary package.

My question now is, will I be able to claim for the maintenance as per SARS calculation and my logbook? I have been using my vehicle since the start of the tax year, but as mentioned only starte...

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I have no IRP5, but I am tax for so Two years, I don't even know who I worked for?



I am a freelance artist, sometimes I don't get my RIP5 and I spend months sometimes without a job, maybe a year, so how do you deal with people like me who are tax and have tax number but can't find the IRP5 when we required to bring it? What happens to us don't we get our return back? Should one forget about tax?

Calculating fuel expenses for ad hoc freelance work?



How do I calculate car expenses for ad hoc freelance work? As an employee I'm reimbursed at the SARS rate for travel and it is recorded on my IRP5. But as a freelancer doing a couple of ad hoc jobs over the course of a year, whilst still being employed elsewhere, how do I calculate the expense per km, and what documentation/records do I need to keep?

Calculation of 183 days outside South Africa for income tax exemption as per Section 10 (1)(o)(ii)



Can the entry and exit dates as per the South African Passport Control stamp in you passport be used as the entry and exit days (both days included) to calculate the 183 days outside South Africa for foreign salary income tax exemption, as per Section 10 (1)(o)(ii) for example: depart from South Africa the morning of 1 January 2015, passport stamped as "exit" by South African Passport Control and enter South Africa again on afternoon 10 January 2015, passport stamped as "entry". So days outside ...

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Getting a Salary vs Invoicing the Company?



Good day. I was wondering if TaxTim could help me with a query relating to my salary at my new job.

The owner prefers me to invoice him for my services at the end of the month. My question relates to what the tax implications will be with this? The remuneration is R120K per year and will be paid monthly.

Does this require me to act like a small business? And is the tax payable more or less in this case?

Thanks for your time

Settled business/private car tax allocation



I have paid off/settled my car 4 years in advance that I use for business and private purposes. So far I've kept track of km for each and apply that percentage to my monthly installment as business expence. But how to go now about with the settled amount paid? What percentage must I use to allocate for tax purposes?

Can I invoice my employer as if I were a consultant instead of being an employee and paying PAYE?



The question, I am employed by a company full time to which I fall in the 38% tax bracket and would like to figure a way out to pay less tax especially when I get paid commission over above my salary.
My company is open to the idea that I open a 'consulting' company to which I then invoice my employer as if I am not employed by them.

Is this possible and what are the implications of this approach?

Bussiness travel deviation, how do I claim bussiness mileage?



I am driving from home to a business meeting, so its business mileage, but I have to drop my spouse at work which is a few Km's off the normal route to my destination. Can the total distance driven still be claimed as business travel?

When do you deduct penalties - before or after PAYE?



Hi. I am a freelance writer. 25% PAYE is deducted from each episode as we submitted. In our contracts, it states that if we miss our deadlines, a fee will be deducted. I have since realised that the accounts department minuses the 25 % PAYE from the gross, then minuses the penalty. Shouldn't it be that they deduct the penalty from the episode fee, then deduct 25%?

Tax directive for over 79 - part-time work (temporary)



I am retired person age 79 being paid a SASSA Social pension of R1370 per month. I want to do a part time work in the complex I live in and wish to reactivate my SARS tax reference number an I will be earning a commission of doing some administrative work for the complex owners. Depends on the number of tenants I find and also promoting their holiday letting the earnings may be up to R4000 per month max in peak period.What tax must I pay and what is the tax directive required for a person at age...

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If my bonus is equal to my salary but includes allowances am I liable for dubble the UIF and PAYE?



If your bonus is equal to your salary but it include travel allowance and telephone allowance how is it calculated for example;
My gross salary is R8800.00 (Basic Salary Allowance transport R500 R300 telephone allowance) bonus R8800.00 gross Income=R17600.00
How much will the UIF be and the PAYE?

What do I apply for in Freelance?



Hi.I am getting paid a fixed monthly amount from a company to do merchandising for them 3 times a week.This is my only source of income? (R7000,00 per month)I will also need to pay my petrol with this income as the job require traveling?What do I need to apply as?will it be a tax directive or a provisional tax payer?

Treatmnet of taxable earnings refunded in clawback of maternity leave



My question is around the treatment of the tax on maternity leave that is clawed back. Our company pays 4 months full pay while an employee is on maternity leave,but there is a clawback should the employee resign within 12 months of returning from maternity leave.

We calculate the clawback on a gross salary plus allowances and any benefit payments, eg: Basic pay, plus travel allowance, plus company paid medical aid, plus company paid provident fund, and deduct the sum of these from any outstanding money due to the employee. We deduct the total due as an advance and credit the cost centre accordingly....

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How to claim Motorcar expenses



I am self employed (Handyman) and use my car to get to the places of business. I keep a log of km traveled for business. SARS informs me I am NOT allowed to claim any expenses with respect to my motor vehicle. Is that true? If not how to go about it?

Business parking fees



Where in eFiling do you log business parking fees?
(If your business is in a business park)

travel claims on fixed & commission income



I work for a company that pays me a fixed salary but also pays commission on extra work I bring in.
They do not pay me for any travel at all,. Can I claim work related travel on my tax return?

How do I know whether to deduct wear and tear or lease payments on travel claim against allowance



I receive a vehicle allowance and use a hired purchased vehicle for business use and need to know how to choose between depreciation (wear & tear) or lease payment on Travel Claim Against Allowance.

I guess what I'm asking is whether SARS sees a hired purchase payment the same as a lease agreement payment.

May I choose between the greater of the two?

Tax exemption on foreign employment income?



I own a consulting company and have been contracted to do work oversees.
I expect to be out of the country for more than 183 days including a period exceeding
60 consecutive days.

I believe I am eligible for the tax exemption on my income for the period.
However I am unsure if I am defined as an independent contractor?
I pay myself a monthly salary from the company and therefore I believe I should
be regarded as an employee and not an independent contractor.
...

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Can I claim depreciation on my vehicle



Depriciation on my vehicle

Declaring Subsistence Allowance



My IRP5 does not have a code for the subsistence allowance I got when travelling oversees.I did not use all of the allowance I was given while on the trip and was told I could keep it.How do I declare this in my income tax return?
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