What happens when debt is waived?
Many natural persons or trust shareholders in companies are confronted with the unintended tax consequences of owing an amount on a loan account to the company in which they hold those shares. These tax consequences specifically relate to the “deemed dividend” which arises on interest-free loans (related to so-called “debit loans” in companies). In many cases, there is no intention to ever repay the […]
Leaving your property behind?
The exodus of South Africans to foreign jurisdictions has been well publicised, and due to this, much has been written about the so-called “exit tax” that applies when one ceases to be a tax resident in South Africa, as well as matters relating to foreign employment income earned. However, what is often overlooked is what […]
Understanding the “no-value” provision for transport services
In terms of the Tax Administration Act, the South African Revenue Service (“SARS”) can issue Binding General Rulings (“BGR”) on matters of general interest or importance and clarifies the Commissioner’s application or interpretation of the tax law relating to these matters. BGR 50 provides clarity on the so-called “no-value” provision in respect of the rendering […]
The taxing of capital gain
Section 9HA of the Income Tax Act deals with deemed disposals by a deceased person. This section of the Act often causes some confusion, especially where there are heirs or legatees other than the surviving spouse. In terms of the provision, a deceased person is treated as having disposed of his or her assets at the date of death, for an amount received or accrued equal to […]
Section 7C of the Income Tax Act explained
What is section 7C? This section of the Income Tax Act is an anti-avoidance measure aimed at transactions between connected persons and trusts, where a trust is funded by low interest or interest-free loans. This is usually done to ensure that assets form part of the trust’s capital, and the funder (who is usually a […]
Deduction for home office expenditure
More and more employers are allowing salaried employees to work from home to avoid wasting productive hours while commuting. Such employees may claim a home office deduction (allowed for under the “Other Deductions” section of the personal income tax return or ITR12 form) if certain strict requirements are met. The deductibility of these expenses is […]
TAX DEDUCTIONS AGAINST SALARY EARNINGS
Our clients who earn only a salary will know that very few tax deductions are available against salary income for income tax purposes and whereby they may reduce the taxable income derived ultimately from such remunerations. Section 23(m) of the Income Tax Act[1] provides that none of the deductions ordinarily available to taxpayers in terms […]
BORROWING TO PURCHASE LISTED SHARES – 100% TAX INEFFECTIVE?
Where a person borrows money to purchase shares, the general rule would be that the interest paid on the funds borrowed to fund that acquisition would not be deductible for tax purposes, the reason being that the interest expense is not incurred in the production of “income”.[1]+[2] Similarly, interest paid cannot be said to be […]
RETROSPECTIVE TAX LEGISLATION: CAN TREASURY REWRITE YOUR TAX HISTORY?
Retrospective legislation involves Parliament passing Acts which affect the legal position or consequences of actions already completed by persons. In a criminal law context for example, retrospective legislative amendments would involve Parliament passing a law that actions already carried out by an individual may be illegal with historic effect, even though at the time that […]
EXEMPTION FOR FOREIGN SALARY EARNERS
South African tax resident individuals are liable to income tax on their worldwide income. In other words, where a South African tax resident individual were to earn a salary for employment which may from time-to-time be exercised outside of the borders of the Republic, that income earned is still included in that South African tax […]