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Penalties Posts in Tax Q&A

I need help with an eFiling request for correction?



I moved jobs from one company to another in September 2011, last year when it was time for eFiling I only had the IRP5 form for my current employer. I could not get my previous IRP5 form from my previous employer as the company had been closed. After submission I was asked by SARS to provide supporting documents which I did, as it was my first time submitting, I didn't know that I needed to submit all IRP5 forms for the 12 calender month. My submissions where finalized and I got a penalty fee of...

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What are the allowable deductions for companies with reagrds to employees and loans?



Is there a new allowable deduction for companies with regards to loans for employees to help with their living expenses and loans that are unrecoverable from employees.

I am registered as a taxpayer, but lost my job. Must I inform Sars?



I was employed and earned enough to pay tax(PAYE), but in the beginning of this year I lost my job and I am now unemployed.

At this current moment I am studying again but I don't know? If I receive any money like pocket money am I still required to pay PAYE? Because I don't work, I am just studying and want to know what must I do to avoid the penalties and fines from SARS.

What am I to do when the company I was working for ended our contracts and did not give me an IRP5?



I did not receive an IRP5 because the company went into bankruptsy and closed their doors. SARS want the IRP5's of that year which I can't get anywhere and they are giving me penalties each month.

I would like to know whether I am liable for Provisional Tax?



I am under 65, DONOT PAY ANY TAX as my taxable income is under R67111. I have investment accounts and according to latest IT3 B statement, interest has accrued to R21000.00. Before this figure increases the R22800.00 threshold should I register as a provisional tax payer.

I am a pensioner and I have R1,000,000-00 on fixed deposit, how much tax will I have to pay? I am 65



As a 65 year old you will entitled to your first R104 611 of taxable income to be tax free and a further R34 500 of interest.

So for example if your R1 000 000 attracts 10% p.a then the first R34 500 of the R100 000 interest will be tax free and the remaining R65 500 as it is below the tax threshold.

What form must I file with SARS, an ITR12 or an IRP6 ?



I bought an appartment in April 2012 and rent it out. My total income (April 12 to Feb 2013) is R46,000 and my expenses (interest, levies, etc) are R41,000. Total income :R5,000 I haven`t registered myself as a provisional taxpayer. So what should I do for the 2013 Tax return ?
Should I reflected those number on my IRT12 ? or should I register myself on IRP6 ? or should I do both ?

How do I correct a mistake that I have made on my tax return that resulted in a penalty by SARS?



I submitted my tax return for the 2012/13 financial year. I was requested to submit supporting documents, which I did. I was informed that I owe a sum of +-R16200 to SARS. It transpired that when I declared my medical expenses I included "cents" on my return. As a result of this I was penalised a sum of +-R162000 which I feel is unfair and unreasonable. How do I correct this?

Just want to confirm how to dispute SARS denying the wear and tear allowance on my laptop?



SARS denied the wear and tear claim according sec 11 e for the laptop I had to buy myself and use at work 100% of the time, they said its denied according to sec 23m, but I'm sure that was incorrectly interpreted because it says except for..... and then refers to sec 11e?!

So do I contact them and say go study a bit and make sure of your facts or how do I go about this? Dispute and add sec 23 for them?

Spending 6 months out of SA. Will I have to pay tax?



I am resident in SA, but from 2014 I want to try a new life whereby I spend 6 months (winter!!) out of the country each year. During this time I would be earning some money through freelance online work for various individuals or companies from various parts of the world, plus I would be getting rental income from two properties in South Africa. While in South Africa (during summer), I would continue this online work, and do some other ad-hoc freelance work for South African companies, or be ear...

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Foreign cash inheritance, how does the tax work?



My two minor children are South African natural persons, and have thus each been issued with their own ID numbers at birth. If a foreign cash inheritance from their overseas great- grandfather to them (in CHF and Euros) , is converted into ZAR and deposited equally in halves into my two minor children's money market bank accounts, then I believe that this inheritance (and all inheritances) are not deemed taxable. Would this assumption be correct ?

Lastly, would interest income accruin...

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Tax Threshold 2013/14 (for income earned as interest)?



The tax threshold is R 67111.00. My sole income is R 67110.00 from interest on cash in the bank, one rand less than the tax threshold. I am under the tax threshold, but the income is not active (from work), it is passive(from interest), do I still have to pay tax ?

There is a confusing/conflicting tax break of R 23800.00 for income earned as interest ??
R 23800.00 still falls under the total tax threshold of R 67111.00
Can you elaborate please.

What are the benefits of non residents for taxable income in South Africa?



I am living overseas for the past ten years and have visited South Africa occasionally for not more that 3 weeks per annum. I earn interest (R24500); dividends from private companies (R65000); retirement annuity income (R17500) amounting to approximately R110K per annum. I am paying taxes as a resident. What will my taxes be like if I were to be taxed as a non resident. Will I still be entitled to the rebates. I am 62 years old and am married in community of property. I will appreciate a hypot...

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Is my monthly tithe to my church an allowable deduction for tax purposes?



Is my monthly tithe to my church an allowable deduction for tax purposes?, if not what donations are allowable for tax purposes?

DBX tracker funds - are these taxed as local dividends or foreign?



We have some DBX tracker funds, when we get a monthly statement from the broker income is listed as foreign, but when the tax certificate is sent it is included as local, really confusing when doing provisional tax.

How to Calculate: Property Income tax?



I want to know how to calculate the amount of tax that I need to pay SARS if I am renting out my property.
* I have a bond on the place that need to be paid back to a bank.
* Paying more on the bond than receiving rent.
* Paying levies on the place.
* Paying Property tax.
* Paying maintanace on the property.

How can I calculate what to pay SARS for the property income?

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?
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