Penalties Posts in Tax Q&A

ITSA Statement of account, what does it mean?



I just want to know if alld admin penalties and outstanding amounts payable to SARS are included in this statement of account? Because I haved received a AP34 aswell.

When can I apply for a tax directive?



My employment was terminated and I applied for a tax directive, for my terminal benefits, which I received from SARS which allowed me to get my final payment tax free. My employer however claims the termination of my contract does not constitute retrenchment and therefore I misrepresented the reason for requesting a directive. Is this true? I did detail on the form the breakdown of the money (December Salary, Bonus and Leave pay) I had received and SARS gave me the directive.

PROVISIONAL TAX VS PAYE QUERY?



I am a Freelance Art Director, started Freelancing mid Sep 2011. At the end of tax year 2012, I submitted my tax which reflected income from projects that I had under-taken. Some of the companies that I did projects for automatically deducted PAYE @ 25%, although a few of them did not which was also reflected on the tax return. Resulting in me having to pay the shortfall PAYE to SARS per project that did not deduct tax. I was then told that I had to register for provisional tax which I did. MY D...

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Tax on local interest



Please can you tell me what tax I would pay on say R10,000.00 per month interest
from local money market. I see R22 800 p a is tax free, then the local table applies, does
that mean after 60.000 pa. This would be my only form of income.

Can you help me with Provisional Tax return?



I am retired and my income is from Momentum who have invested my Pension Contributions when I retired. I always go to SARS to assist with my Return and was told last year that I am a provisional tax payer because of the savings I have and the interests I receive from these (over the allowed amount). I went to SARS to assist me with my first Provisional Tax Return in August 2012 & had to pay in R1000. I am very nervous to do Period 2 for 2012/2013. Are you able to assist me?

How do I get my IT3b and IT3c forms?



How/where exactly does one get the IT3b and/or IT3c forms from and how do I know if I qualify for/need them? I have some minor money market investments, but am not sure if the interest earned on those is taxable as it is so little, so I'm not sure whether I need to submit these forms in the first place.

Do I need to manually request these from my bank/financial institutions or should they be sending them to me automatically?

If they are sent automatically, when should...

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Work over Internet and want to pay taxes! How?



For the past 5 years I have been doing work over the 'internet' for an international company. Only now I have become aware of having to pay taxes. I am not registered. For the last 2 years I've received a steady income of R6 000 / month. I don't have a physical address or contact number for the company as we communicate through email. The company email me sketches of a building then I create a 3D model of the building and send it back.
How will paying taxes work for me ? Will there be pena...

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Am I entitled to claim home office expenses?



- I am a web developer.
- I use a separate room (a study) for work.
- My earnings are *not* commission-based.
- I pay rent for the study (to my parents)
- The study (and the PC etc.) is used /- 85% of the time for work purposes (therefore technically not "exclusively")

The requirements are very gray. Firstly, why must it be commission-based income? Secondly, why must it be exclusive-use if I could simply calculate business-use as a percentage? (for example, if I p...

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I have not submitted the August return, do I send 2 in February?



My tax consultant only now told me as a provisional taxpayer I should have done a return for 2012/2013 tax year in August and a second one in February. It is now late January - so do I send in two returns or just one?

Supporting documents - what if they are not submitted on time? I uploaded and forgot to submit?



Hi Tim, great website and good gen. SARS phoned me asking for a schedule of my deductions. I uploaded it and forgot to click on 'submit', then received a second assessment disallowing the deductions - probably because I didn't submit the document.

What do you suggest? If I lodge a notice of objection, will they allow the late submission of the document? How much should I explain to them - fall on their mercy regarding my mistake, or just assert that I am entitled to the deductions? <...

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Statement of assets when married out of community, but with 50/50 primary residence



Interested in how to represent the primary residence assets amount on the ITR12, statement of local assets and liabilities, if:

Married out of community of property, with accrual
Purchased a house with the wife 50/50, therefore in both our names

What happens if you do not pay tax?



My previous employer said that I do not earn enough to pay tax, I have just recently found out that even if you do not pay tax there are some administration fees that have to be paid in. I never knew this so will there be any penalties that I have to pay and will I get into any trouble with SARS for not paying the administration fees.

What is the last date for submitting my tax return?



I would just like to know what is the last date for submitting your personal tax forms?

Tax refund/rebate dating back to about 7 years



I have heard so many great things about you, I hope you can assist me too. Until today, I was not aware that one can actually contact SARS directly to enquire about a possible refund. I have always been under the impression that they would contact or notify the taxpayer and then mystified when they actually did not.

My tax documents are always submitted automatically by my employer. I finally dragged myself to the nearest SARS office and registered as a tax payer in 2010. Now, my que...

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SARS appointed my employer as agent?



According to SARS I have penalties of R22 250. I only discovered this recently after becoming more educated about the whole tax thing and investigated my own SARS status etc. Naturally I had to update my details and they now know where I work. 3 weeks ago, my employer received a letter saying something about appointment of agency and that she had to pay R1 500 per month over to SARS, in order to pay the penalties. Around the same time I went to SARS offices to log a dispute re the penalties and...

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Is the sale of a business taxable?



If I were to sell a business, would I pay tax on the sale price? and if appropriate, how would this tax be calculated?

Can I complete my tax return on the morning of the 23rd deadline?



The closing day for submission of tax return is tomorrow. Will I be fined if I complete it tomorrow and submit before the end of the day?

Retired and not earning an income



Hi Tim, I am retired and the only income I get is from my pension every month, do I still need to submit a Tax Return?

Hired on contract and permanent later



Hi Tim

Last year I was on contract from May 2011 till Nov 2011, later the same employer made me permanent. I received an IRP5 showing that I've only been employed from Dec 2011, I went to HR to ask about it and they said it was correct, therefore I submitted all the information on eFiling as it is on my IRP5. I have received a letter from SARS that they want supporting documents, and I have submitted the documents. I would like to know if was there anything I needed to do before fini...

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I missed the SARS submission dealine on 23 November, is there another one?



I missed the deadline of November 23 2012. I need to submit for the 2012 period still, will I be able to get assistance?

How much tax is paid on R5,500 and less and is tax paid on commission?



My business partner and I have just opened a spa and are paying our therapists less than R5,500 per month. They then also get 10% commission on all treatments performed. Are they required to pay tax, firstly on their salary and secondly, on their commission? What about gratuities?

Also, we have submitted the registration forms for Income Tax and PAYE - we now have a tax number but are waiting to hear back from SARS about PAYE (when I called the call centre they said that the forms hav...

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I'm earning above the tax threshold and have not submitted tax returns.



How do I go about avoiding penalties? Do I just submit for this year on e-filing or do I apply for the VDP to avoid penalties?

Was I qualified to pay tax return in 2007-2008?



I never submitted my tax return for 2007-2008. At that time, I was earning R69000 per annum. Also the tax return was done manually and unfortunately I can't find any copy. Now in 2012, SARS wants me to pay R8000 penalty.

My questions are:

1: was I qualified to pay my tax return?
2: What must do to dispute this penalty as I am not earning much currently?

Thanks in advance for your advice.
Ps: I am a permanent resident(SA).

I am from the UK, but will get permanent residence in SA, but I have money overseas, will I pay tax



If i bring funds into SA and earn interest do I have to pay tax on it, what is the free allowance and then how much is it thereafter please?

How long does it take to process a manual assessment?



Is it true that a manual 2007 assessment can take upto 12 months to process. I am waiting for my refund from my 2012 assessment but will not get it until they assess 2007.
I have been overseas for 5 years and the accountant failed to submit my returns resulting in penalties. I currently owe R7500 and have a credit for my 2012 assessment. Will not get this until they assess the 2007 return. Please can you confirm the time it will take to process this. Can I pay the penalty in the interim to ...

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