Tax Bulletin Archive February 2009

Over the last week, I’ve had so many queries about the new presumptive turnover tax system, with many subscribers wanting to know if they qualify for it and, if so, how to convert to it. Well, the simplest way to determine who qualifies for the new system is to go through the checklist below.

With the Vat threshold at a whopping R1 million as of next week, many current vendors will be looking to deregister. If this is you, follow these three easy steps and you’ll be Vat free! Caution! Before you deregister, you should consider whether deregistering will increase your cost price (if you're a trader) as you’ll have to absorb any Vat costs charged by your suppliers as the input tax cushion will be gone.

If you’re a lower- to middle-class income earner, the CGT regime contains several exclusions to help reduce your tax burden. One such exclusion is if you have a capital gain, or loss, of up to R1.5 million on the disposal of your primary residence!

The filing season for individual taxpayers and trusts will start in July 2009. Taxpayers and trusts who file their tax returns manually must file their tax returns by no later than 18 September 2009.  Taxpayers and trusts who file their tax returns electronically must file their tax returns by no later than 20 November 2009.

If you as an employer fail to submit your employees’ IRP5s within the 60 days time-limit SARS allocates to you, you’ll have to pay a 10% penalty of the entire employee’s tax your company pays. If you’re a significantly large company, this could roll into hundreds of thousands of rands!

You’ll be interested to learn the Revenue Laws Amendment Act, 2008, has repealed the Stamp Duties Act with effect from 1 April 2009. Originally, you had to pay stamp duty on share transfers and all other contracts, such as the letting of fixed property, rental of vehicles or office equipment, hire-purchase agreements and even ante-nuptial contracts.

We’ve come across a new scam that you need to be very wary of. The scam is in the form of an email supposedly sent by SARS. The email states that you have a refund due from SARS, but to receive it you need to provide your banking details. Don’t fall for it!

So, your tax return is filed, you’ve met SARS’ deadline…now you’re probably wondering when you’ll get your refund (if indeed you’re eligible for one)? Once SARS has assessed your return, it will notify you via the means of contact you chose. If you’re an eFiler, SARS will notify you electronically about the status, or outcome, of your assessment.

The changes to the tax system are still big news, especially if you’re a small business and want to take full advantage of the amendments. Let’s take the presumptive turnover tax as an example. - Why would you want to move your business over to the turnover tax system?
 

It seems SARS has decided to “crack the whip” in terms of the penalties and fines it imposes for non-compliance. On the 16th of January 2009, in the Government Gazette, it published the new penalties you could face for certain actions of non-compliance, including if you don’t comply with all your tax obligations.

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