Partial exemptions

Alimony and maintenance – S10(1)(u)

Alimony and maintenance – S10(1)(u) After 21/3/62 exempt
Purchased annuity – S10A Capital portion is exempt

Y=A/B X C

A – total cash consideration paid

B – total expected return

C – annuity received

 

A man aged 39 purchased an annuity for R50000. Annuity pays R3600 per annum. Life expectancy is 30.41

 

Y = 50000/(3600X30.41) X 3600

= 1644.19 of the 3600 is exempt

Authors – S10(1)(m) Payment for work i.r.o. copyright is exempt if taxed in foreign country. Only applies to first owner of copyright. Not for companies
Bursaries and Scholarships S10(1)(q) 3 requirements to be met

  • Bonafide scholarship not a salary sacrifice
  • Granted to assist person to study
  • Recognised educational institute

Award bursary to employees relative:

2 provisions before exemptions can apply:

  • If employee remuneration exceeds R60000 per annum – no exemption
  • Max bursary – R2000 per relative
Clubs, societies and associations S10(1)(e) ·         Levies exempt if it is a

o        Body corporate

o        Shareblock

o        Section 21 company

Dividends S10(1)(k) SA dividends exempt excl:

·         From a portfolio of collective investment schemes

·         From a portfolio of collective investment schemes in properties

·         Share buy back dividends

Employment – relocation benefits S10(1)(nB) Expenses in consequences of

  • Transfer from one place to another
  • Appointment of new employee
  • Termination of employee

 

Amount exempt

  • Transport for employee & goods to new place
  • Accommodation upto 183 days
  • School uniforms, curtains, registration of mortgage bonds, legal fees
  • Transfer duties, motor vehicle registration, water & lights and telephone connection
  • Cancellation of mortgage bond and agent fees
Retirement awards – S 10(1)(x) ·         Up to R30000 a lifetime exempt

·         Retrenchment, prorate bonus, gratuity

·         Requirements:

o        Over 55 years or

o        Infirmity or superannuation

o        Retrenched or to be retrenched

o        Company closing down within 5 years

Seafarers S10(1)(o)(1) ·         Officer or crew member on ship engaged in international transportation of goods and passengers or

·         Involved in prospecting or mining of minerals from the seabed

Outside SA for more than 183days in a tax year

Offshore workers S10(1)(o)(11) Renders services outside SA

183 days including 60 days continuous in any 12 month period

not applicable to government employees

Non resident employment S10(1)(p) Exempt if:

·         Received by a non resident

·         Services rendered outside SA

·         On behalf of government or local authority

·         the amount must be taxed in another country

Export – state incentive schemes – s 10(1)(zA) Rebate in respect of export received by approved person is exempt
Fimowners- state subsidy S(10)(1)(zG) After 15/5/89 received /accrued by or to film owners by way of a subsidy from the state under a scheme designed to promote the production of films is exempt
Foreign banks S10(1)(j) Receipts/accruals by banks exempts if:

·         bank is non resident

·         entrusted by the government of a territory outside SA

·         minister of finance agrees to exempt bank for a particular year

Foreign gold dealing companies S10(1)(s) ·         Income from realisation of assets consisting of gold bullions in companies are exempt if:

o        Assets acquired but company with funds transferred to the Republic from outside republic or funds raised by realisation of similar assets

o        Treasury given approval that income is exempt

Only up to 1/1/2004

Interest S10(1)(i) Maximum first R1000 exempt for foreign dividends and foreign interest

Balance to interest from SA

(under 65 – R10000 in total)

(over 65 – R15000 in total)

Interest non residents S10(1)(h) – FROM GOVERNMENT Interest from stock or securities issued by government i.e. SATS, ESKOM, SABS etc is exempt if:

·         Natural person – non resident and does no carry on trade in SA, and is outside SA exceeding 183 days per tax year or

·         Company – non resident – not trading in SA

 

Exemption not available on interest on or after 1/1/87 if the following:

·         Natural person, ordinarily resident in neighbouring country

·         Company managed or controlled in a neighbouring country

Interest to non residents S 10(1)(hA) – NORMAL INTEREST Not exempt if:

·         Natural person, is a resident, carries on trade in sa

·         Non resident in SA more than 183 days

·         Non resident – interest connected to business carried on by company in RSA

Salaries and emolument – S10(1)(c) ·         Hold office in RSA as official of a foreign government i.e. ambassadors

·         Domestic servants to the above that is non resident

 

Pensions payable to president or vise president and their surviving spouse are exempt prior to 10/5/94

UIF S10(1)(mB) ·         Exempt
Uniforms S10(1)(nA) ·         Clearly distinguishable – exempt
War Pensions and awards for diseases s10(1)(g) ·         War pensions, disability pensions, workman’s compensation and occupational injuries and diseases pensions are exempt
Foreign pensions ·         Social securities overseas
Royalties Sec 10(1)(l) ·         Non residents that was subjected to with holding tax
Pensions, provident, RAF find income ·         Certain funds exempt if approved by minister. Other funds 25% tax.

 

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