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Beneficial Owner

  Written by Nicci  

A beneficial owner is the person who ultimately owns or benefits from an asset or income, even if it is registered in someone else's name.

For example:

If a trust owns a rental property, and you receive the rental income from it, you are the beneficial owner — even though the property is not in your name.

In the case of a partnership, the beneficial owner is a partner who receives a share of the p...



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IT3(BO)

  Written by Nicci  

An IT3(BO) is a form issued by a partnership to SARS that shows your share of income as a beneficial owner in the partnership.

It provides SARS with third-party confirmation of who the beneficial owner is and what income (or capital) they are entitled to.  This is especially relevant when there are multiple partners e.g a large law firm.


Unpacking the Section 13sex Residential Unit Deduction

  Written by Nicci  

The Section 13sex residential unit deduction is a South African tax break for people who invest in new rental properties. If you build or buy new units to rent out, you can deduct part of the building cost from your taxable income each year. To qualify, you must own at least five new and unused residential units in South Africa that are used for rental.

You can claim 5% of the building cost



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What is a Financial Instrument?

  Written by Alicia  

What is a financial instrument according to SARS?

A financial instrument is a contract that represents money or something of value. For one party, it’s an asset (something valuable), and for the other party, it’s a liability (something owed) or equity (ownership).


According to SARS, a financial instrument is defined to include:

“a share, a member’s interest in a company, a debenture, a unit in a unit trust
scheme, a participatory interest in a portfolio of collective investments scheme, a...



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Everything you need to know about Pay Periods on your IRP5

  Written by Evan  

What are Pay Periods?

Your IRP5 has two fields on it that relate to Pay Periods:

  1. Periods in a year of assessment
  2. No. of periods worked
  3. Period employed from
  4. Period employed to


A Pay Period describes an amount of time within a year that you were employed by your employer.

This can be an amount in:

  • DAYS - maximum 365, or 365.0000
  • WEEKS -  maximum 52, or 52.000 (can show a partial number, e.g...


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Partnership

  Written by Evan  

A partnership is an association between 2 - 20 people who are contractually bound to one another in order to operate a joint, profit-making business together. Each member of the partnership contributes their money, goods or services to a shared fund, agreeing that any profits made will be shared between the partners as per a contract between them. A partnership does not have to be registered with the companies registrar CIPC. Partners in a partnership are taxed on their percentage of the taxa...



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Deemed disposal

  Written by Nicci  

In South Africa, a deemed disposal happens when you’re treated as if you sold an asset—even though you didn’t actually sell it. This is important for Capital Gains Tax (CGT), because it can trigger tax on gains you haven’t yet received in cash.

Here are some common examples:



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Taxable Income

  Written by John  

Taxable income is the amount on which tax will be calculated on.

Formula for Taxable Income:

Taxable income = Gross Income - Exempt Income - Allowable Deductions + Taxable Capital Gains.

Taxable capital gains are the taxable portion of the profit earn...



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Gross Income

  Written by Elani  

For SA residents: "Gross income" is the total amount of worldwide (local and foreign) income that you earned during the tax year, excluding income that is of a capital nature. (Income of capital nature is money earned from selling your possessions, e.g. sale of your house).

Please note that "income" also includes money that is owed to you for work you performed, even...



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Why Is My Take-Home Pay Less Than My Gross Salary?

  Written by Alicia  

Have you ever noticed a difference between your contracted salary and the actual amount deposited into your bank account? This Q&A aims to clarify some common reasons for these discrepancies.
 
How do I know if my employer has deducted tax from my salary?
 
The monthly deposit into your bank account will likely be less than your gross salary. This is because your employer withholds Pay-As-You-Earn (PAYE) tax and other statutory deductions...


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Can I claim depreciation on a car I bought for my business?

  Written by Alicia  

If I run a small business and buy an asset like a vehicle for R200,000 (paid in full and not financed), can I deduct the full amount from my taxable income in the same year? Or do I only deduct the depreciation amount each year?

Also, do vehicles qualify for the 50/30/20% depreciation rule over three years like other small business assets?



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Renewable Energy Incentives for Businesses

  Written by Alicia  

The enhanced tax incentive recently introduced by the government, known as Section 12BA, aims to promote private investment in electricity generation from renewable energy sources to help alleviate the energy crisis in the country. This incentive is a temporary enhancement of the existing renewable energy tax incentive found in section 12B of the Income Tax Act.

Below are the key points:

Availability and Duration

The incentive is available from 1 ...



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Why You May Owe Tax on Two-Pot Withdrawals

  Written by Nicci  

South Africa introduced the Two-Pot Retirement System to help people access part of their retirement savings before retirement age, while keeping the rest for retirement. It's a helpful system –  but it comes with tax rules that can surprise some people.

If you withdrew from your Two-Pot in the tax year, you need to include the details of this withdrawal in your annual tax return. The fund should have issued you an IRP5/IT3a tax certificate which reflects the withdrawal amount (source code 3926), related tax as well as the tax directive number issued by SARS...



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ITR12

  Written by Evan  

An Income Tax Return (ITR12) is a form that SARS requires all individuals (including provisional taxpayers) to complete and submit to SARS once every year.

The form is used to declare your income, deductions and tax credits to SARS, so that SARS can calculate how much tax you need to pay, or the refund due to you.

Taxpayers, including provisional taxpayers, only need to complete and submit an ITR12 (income tax return) once a year. The ITR12 form allows you to capture all your ...



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IRP6

  Written by Evan  

An IRP6 is a Tax Return completed by provisional taxpayers twice during the tax year to declare their estimated taxable income.

The first provisional tax return must be submitted six months into the tax year (i.e end of August) and the second provisional tax return by the end of the tax year (i.e end of February). Just like regular taxpayers, provisional taxpayers also need to submit their annual income tax return (ITR12) after the tax year that has passed.

It is important to ...



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Financial Instrument

  Written by Alicia  

A financial instrument is a contract that represents money or something of value. For one party, it’s an asset (something valuable), and for the other party, it’s a liability (something owed) or equity (ownership).


Deemed Annuities

  Written by Nicci  

Deemed annuities are regular payments made by the trust to a beneficiary that are treated as taxable income, even though they are not from a formal annuity policy.

SARS sees these fixed or regular trust payments as income (like a salary or pension), and the beneficiary must pay tax on them.


Trust

  Written by Nicci  

A trust is a legal arrangement where a person or people (called the trustees) manage money, assets, or property for the benefit of others (called the beneficiaries).

It is often used to protect family wealth and provide for children or dependents.

The income in a trust is taxed at 45%. If income is distributed to beneficia...



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Beneficiary

  Written by Nicci  

A beneficiary is a person or entity who receives income or assets from a trust, estate, retirement fund or life insurance fund.

In a trust, income distributed to beneficiaries is usually taxed in the hands of the beneficiary, not the trust (based on the “conduit principle”).

In the case of an estate, the estate pays tax before the inheritance is passed on, so the beneficiary usually ...



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Deemed Dividends

  Written by Alicia  

A deemed dividend from a trust is when a company pays money to a trust, and that payment is treated as if it were a dividend, even though no formal dividend was declared.

It usually applies when a trust connected to company shareholders receives a benefit from the company. SARS treats it as if the company paid a dividend to the shareholder.

This happens in s...



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Understanding the Assets and Liabilities Section in Your Tax Return

  Written by Alicia  

The assets and liabilities section in the annual tax return (ITR12) needs to be completed if you:

  • earn self-employment income or are an independent contractor
  • earn foreign income (e.g foreign rental income or foreign business income)
  • are a Director of a company or a member of a Close Corporation

Each asset should be reported at its original cost — the amount you paid at the time of purchase or investment. According to SARS, these entrie...



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Local capital gains or losses

  Written by Alicia  

A local capital gain is a a profit made on the sale of any local asset such as a property (primary residence or rental property), shares (listed or unlisted), unit trusts or cryptocurrencies.

A profit is made when you sell the asset for more than you paid for it.

A capital loss is a loss incurred on the sale of an asset such as a property (primary residence or rental property), shares (listed or unlisted), unit trusts or cryptocurrencies.

A loss is made when you sell t...



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Foreign Liabilities

  Written by Alicia  

Any foreign debts, payable to either a foreign, bank, company or individual as at the end of the tax year. 


Foreign Assets

  Written by Alicia  

Foreign assets refers to the value of your foreign properties, investments and any other assets you own abroad at the end of the tax year.


Local Liabilities

  Written by Alicia  

Local liabilites are the amounts you owe to banks, companies, businesses or people in South Africa. 


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