Penalties Posts in Tax Q&A

I am married in community of property, how will I be taxed on an investment?



How will I be taxed as I am now retired an have invested the money and draw monthly interest we are married COP monthly 13k

Can I be considered an independent consultant?



I am currently an independent consultant, however at the moment 80% of my income does come from a single client. This is because I have not yet found more clients. I am not sure if I am to be treated as an employee based on what I have found out so far. I would strongly prefer (for client and me) to be treated as an independent consultant for tax purposes. Can I register for provisional tax as an independent consultant?

Some more information:
- I'm on retainer with one client for an average of 2 days per week (16 hours per week) since March 2016. - I bill monthly as a sole prop, highlighting the work I have completed and invoice a set amount as per the retainer agreement...

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Which proof of expenses should I hold onto?



Which receipts should I take a picture of?
Or, which expenses should I note down in preparation for tax time?

Members loan



I have a member loan account of approx R1m rand. I wish to reduce this by R100k by transferring this money to my personal bank account. The members loan account is interest free. What are the tax implications for my company and my personal tax? and how should I declare it on my tax returns.

Late Objection



My 2015 tax return was finalised in Feb 2016. I did not object to the assessment within 21 days. Can I do object at this late stage?

Does capital gain require registration as provisional taxpayer?



If I make a capital gain do I need to register as a provisional taxpayer?

Will SARS penalise me for outstanding tax returns?



I'm not sure if I disappeared under the radar for some time now due to generating my own income for years barely surviving and then going bank. At that stage I was a provisional tax payer. Years down the line I did contract work making ends meat. I eventually got a secure job since 2013 - probably not earning enough to register as a tax payer in order to submit tax returns? However I think this might be a different scenario now.

Tax on part time work



I am currently employed and my employer pays PAYE. Recently I undertook small part time jobs probably totaling around R40 000 income for the financial year. Do I need to register as a provisional tax payer, or can I declare this additional income under the local business section of my SARS tax return?

what expenses can i claim if I own a taxi?



If I own a second vehicle and use that second vehicle 100% as a Taxi. Would the tax be payable on only the income or payable on income - (minus) expenses?

For example, monthly costs breakdown as follows:

Expenses: Vehicle Repayment Costs - R1500 / Vehicle Insurance: R1100 / Vehicle Tracking Costs: R100 // Total: R 2,700. 00

Income: R 8,000. 00

Income (R 8,000. 00) - Expenses (R 2,700. 00) = R 5,300. 00

My question is. Would I pay tax on the income of R 8000 before deducting expenses...

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Not a South African resident, but have a local investment, do I need to pay tax?



I'm a dual citizen having both South African and British citizenship. I have worked all my life in UK and am in full time employment under a contract with UK employer. I tax return to South Africa once every year and stay for a holiday between 4 to 6 weeks. If I invest in a fixed rate account of some R500 000 over 5 years, am I liable to pay any tax on that investment product as I'm not ordinary resident in South Africa for tax purposes not indeed even have a South African tax number

Increasing rental property loan to reduce home loan?



Is it possible to take some equity out of our rental property by increasing our loan on that property to put against our home loan and would the increase in interest on our rental property loan still all be tax deductible?

Can I deduct the commission earned by the attorney on a deposit?



We bought a house and gave a large cash deposit to the attorney to hold. The transfer of the house took a while so the interest accrued amounted to some R65000. However, the attorney took as a commission about R10,000. Both amounts are shown on the IT3b. SARS included the total interest on my tax return but disallowed the deduction. Is there any way to get the deduction?

SARS Penalty for late tax return submission 2015



I haven't done my taxes for 2015. Will I get a fine?

PAYE vs Provisional tax for a member of a CC



I am a member of a CC and have 80% interest in the company. I run the operations of the company and have been paying myself salary. The company never registered for PAYE as I was paying provisional tax and I was the only one earning a salary. Now the company is hiring more people and we have registered for PAYE/UIF. DO I carry on submitting provisional tax instead of PAYE or do I cancel Provisional tax and start paying PAYE. If I don't register for PAYE, what can the company provide me with to p...

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Rental income allowable tax deductions



I am currently in the UK and need some help regarding various tax related queries before I tax return to South Africa within the next 2 months

Including my tax return I did online before I left. (needs to be finalised)
A bank account change at SARS. (do I have to do it in Person)
I need to register a SA company for VAT. I would like to know how long I must be in the UK to have a tax benefit in South Africa. I have been working here since 1/1/2016 and have to tax return before 31/07/2016...

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Tax on inheritance received by an individual



I have recently inherited a sum of money from two sources. One, my late mother's estate account via a will and the other, a pension claim from my late mother's pension fund(GEPF). Both these amounts were taxed before they were paid over to me. Both the executors and GEPF submitted tax directives to SARS in order to facilitate the tax payment process before making payment to me. My salary income falls within the necessary category in order to be required to submit a tax return. How will I be taxe...

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Will I have to pay tax on my late husbands RAF claim pay-out?



My husband was killed in a motorbike accident by a drunk driver. I am awaiting a settlement from the Road Accident Fund and I have a few questions please. 1. Will I be taxed on the amount paid out to me for my kids and I
2a. Will the fund deduct the amount before the payout?
2b. Or must I pay it afterwards and how does that work?
3. How much is the tax? I was 26 when he was killed, and my kids 3years and 8 months respectively... I am scared the government made me wait all this t...

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Rental Income on room rented at Primary Residence



You speak about rental income earned on a second property, and expenses (interest, electricity, etc) that can be deducted from the income. Does the same apply to a primary residence owned by the taxpayer where additional income is generated eg. By renting out a room in the property?

Tax penalty on outstanding returns



I haven't filed a tax return in 2 years what is the penalty?

Tax on British Widow's Pension



I was recently widowed - my late husband was a British Citizen but residing in South Africa. The British Pension is now paying me a Widow's Pension. Do I need to declare this to SARS?

SARS has not paid my refund due since 2013



SARS has still not paid me my credit since 2013 and also not the credit built up for the following years. They do add interest to the outstanding balance but do not give any reasons why they do not pay out the credit despite all our requests. What could be the reason for this and what other avenues can we try to expedite this problem?

Can I claim back the tax paid on my late mother's retirement fund?



After my death claim on my mothers provident & pension fund, is the tax paid claimable?

Can I dispute a claim from a few years back?



I believe I qualified for a exemption on my tax a few years ago (around 2011/2012) - out the country for more than 183 days with one trip more than 60 consecutive days all for work purposes. My tax consultant at the time said he submitted all the documents, but when I went to SARS they said they had not recieved them. I handed them in at SARS and they requested further information which I submitted. They then requested further information which I then got so frustrated I decided to give up on th...

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VDP in respect of Interest on foreign funds



Hi. I worked in the UK for the period from about 1982 until about 1986. During that time I purchased a house there in 1982. After coming back to SA in 1986, I kept the house until selling it in 1987. The proceeds from that sale remained behind in the UK in an interest earning account. I have not declared any of the interest earned on the account since then until now. Wanted to know what are the SA tax implications of this interest that was not declared and also whether I can apply for VDP in res...

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Does SARS pay interest on refunds due?



Interest payable on refunds:

I objected against admin penalties incorrectly charged and I am due a refund of R18,000
I objected against a incorrect tax assessment medical expenses not allowed refund of R9,261
I overpaid assessed tax by R7,000

Will SARS pay interest on these amounts owing to me? The admin penalties was initially taken from a refund due to me so they had already been paid.
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